SA Supreme Court sides with IFC over Delta Chi in dispute
October 31, 2011
On Monday, the Student Association Supreme Court ruled the Interfraternity Council’s actions toward Delta Chi were not unconstitutional.
Justice Nick Battisti delivered the opinion of the court, noting the case required the Supreme Court to rule on the constitutionality of actions taken by the IFC and to interpret its constitution.
The IFC as a whole has acted in a constitutional manner, according to the court’s opinion.
Delta Chi, an associate member of the IFC, has attempted to become a regular member of the IFC three times, facing rejection in each instance.
Delta Chi President Kazimier Chevas said Delta Chi was been treated as a “second-class citizen.” Votes are closed and do not allow for proper accountability of North-American Interfraternity Conference (NIC) Standards and there were changes to the IFC constitution regarding support of NIC’s open expansion policy.
IFC President Richie Dalitto said in an email there were no changes made to the constitution or bylaws after February 2011. The constitution may have been updated in July 2011, but there were no changes to the expansion policy made after 2011, Dalitto said.
The IFC made it clear the issues brought to the Supreme Court by Delta Chi were incorrectly brought against the IFC executive board rather than the IFC member organizations, Dalitto said. The member organizations of the IFC form the legislative branch, Dalitto said.
The Supreme Court decided Delta Chi’s denial of regular membership was not unconstitutional. The court also decided the two-thirds vote required by the IFC for expansion could not be held to be unconstitutional.
“The IFC is pleased with the outcome of the trial,” Dalitto said. “We feel that the results were fair and just considering the IFC Constitution was upheld.”
SA Bylaws concerning Student Organization Policy specifically grant governing bodies of the SA the ability to restrict membership of those elected from constituent groups, according to the opinion. This does not contradict the SA’s policy on the rights of students to “enjoy fair, impartial and equal treatment” regardless of differences.
Delta Chi could still bring its case against the 15 members of the IFC that may not be following their individual constitutions. If the Greek chapters do subscribe to the NIC open expansion policy, Delta Chi may submit more petitions if it feels those chapters are violating its own constitution, according to the opinion.
“After this opinion I’m going to have to talk to my international headquarters but we may go do a hearing against the 15 members if they don’t subscribe to NIC policy,” Chevas said.