An Ohio University appeals board denied Delta Tau Delta's request for a reduced punishment yesterday.
The fraternity now has three days to appeal the decision to Kent Smith, OU's vice president for Student Affairs. Smith's decision is final.
I see my role as being able to give a totally new level of hearing to the case
Smith said, adding that he stays out of the process until a case is appealed to him.
Smith reviews 30 to 50 cases a year but has never reviewed a hazing case.
OU officially suspended the fraternity for five years on Jan. 22 after two pledges were hospitalized in November. The same day, a judge fined the fraternity $2,000 and ordered it to pay no more than $10,000 in restitution to the two pledges after it pleaded no contest to the city's charges.
Pledges told Athens and OU police that they were slapped and forced to drink large quantities of alcohol.
Delta Tau Delta appealed the initial hearing board's decision on the basis of new evidence, an inappropriate sanction and an error in the original proceedings.
In its written appeal, members of Delta Tau Delta admitted to slapping pledges and providing them with alcohol.
This was a Big Brother/Little Brother event in which open-hand slapping of the upper torso occurred and each participating pledge was offered the opportunity to drink alcoholic beverages according to the appeal.
The fraternity contested the five-year suspension, however, saying that the sanction is not consistent with the punishment in previous hazing cases.
Previous sanctions ranged from a reprimand to a two-year suspension. An unnamed organization with multiple prior offenses was initially suspended for five years in 2002, but the sentence was later reduced to two years, according to the appeal.
We are obviously disappointed in the ruling
said George McCarthy, the fraternity's attorney, adding Delta Tau Delta will review its options before deciding whether or not to appeal the suspension a second time.
The fraternity thinks a two- or three-year suspension is more reasonable
McCarthy said. Director of Judiciaries Jim Sand could not be reached for comment.
The written appeal also includes five new statements testifying that one of the pledges was fine and seen walking back to his dorm around 11 p.m. Nov. 12. The pledges stated that he left early because he had to schedule for classes in the morning.
I just want to reassure you that the injuries I suffered to my face were not caused by anyone in the fraternity
an unnamed pledge said in a statement addressed to Dean of Students Ryan Lombardi.
A group of alumni expressed its disappointment in the chapter's action and its support for lessened punishment.
The Delta Tau Delta House Association asked the appeals board to guarantee the fraternity's return to campus after its suspension, adding that alumni invested more than $2 million for renovations to the fraternity house in May 2008.
This definitive action will remove uncertainty from the alumni base
allow the House Association to appropriately plan its debt service
and help the International Fraternityanticipate and plan its resources for the chapter's ultimate return
said Mark Helmus, a member of the House Association.
The suspension requires the fraternity to remove the Greek letters from its house, and fraternity members with fewer than 90 credit hours must move from the house into a dorm.
Delta Tau Delta is also prohibited from recruiting any new members, hosting chapter-related events at the fraternity house and participating in the Interfraternity Council for five years, according to the suspension notice.
The national chapter placed similar restraints on Delta Tau Delta in November, but any additional punishment will depend on OU's final decision.
Terms of the suspension will take effect after the case is resolved, according to the notice.
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