WAMPSVILLE,
N.Y. (AP) _ A judge dismissed a lawsuit brought against Colgate
University by a group of fraternity alumni, saying there was no
sufficient grounds to bring the legal action against the school.
Members of Phi Delta Theta filed the lawsuit in July to reverse the sale
of their Colgate chapter house. The group alleged the university coerced
its leadership into selling the house. The suit was filed after the
fraternity's national alumni board agreed with the sale and declined to
pursue legal action to stop it.
State
Supreme Court Justice William O'Brien ruled only a corporation's board
of directors can file a lawsuit on behalf of the organization.
O'Brien said there are a few strict circumstances in which a subgroup _
in this case, 5 percent of the alumni membership, or about 75 members _
could sue. Those instances include the board breaching its duties toward
the full membership or having conflicting interests that prevent it from
making an unbiased decision, he said.
The fraternity alumni did not prove any of those circumstances, O'Brien
said.
University spokesman Charlie Melichar said the decision affirmed
Colgate's actions.
"It's a nice confirmation that all along, we've acted fairly and
clearly," Melichar said Tuesday. "We're in a bridge-building
mode now, and it's great to have this behind us."
Phi Delta's alumni board sold its chapter house to Colgate in May as
part of a new university housing policy that required all sororities and
fraternities to sell their houses to the university or lose recognition
on campus.
Colgate said it wanted to strengthen the Greek system by bringing the
school's 10 Greek chapters under university oversight and to eliminate
problems, including underage drinking. Critics charge the housing policy
is a way to eliminate the entire Greek system.
Delta Kappa Epsilon fraternity, meanwhile, did not sell its house and
has filed two suits, in federal court and state court. The federal suit
contends Colgate violated First Amendment and antitrust laws. The state
lawsuit seeks to reinstate DKE as a recognized student organization on
campus.
