RISK MANAGEMENT CONTRACT 2013OREGON ALPHA CHAPTER

Phi Delta Theta Fraternity

Last edited: April 2014David A Santana, 1605Risk Manager

1

Section I:Abusive Behavior1. Phi Delta Theta at Oregon Alpha has high expectations for the conduct of its members. It is not in conformity with Oregon Alpha expectations that any member of Phikeia would engage in abusive behavior against anyone.

2. It is beneath the dignity and standards of Phi Delta Theta at Oregon Alpha for any member to engage in fighting or physical argument. Engaging in the such will result in probation within the chapter and possible review for suspension and/or disaffiliation from Phi Delta Theta depending on any possible third party arbitration that may result afterwards.

3. Acts of anger or aggression of any type (regardless of present intoxicants) will not be accepted in the Phi Delta Theta fraternity at Oregon Alpha. Brothers are one in the Bond, and must act as such. Members or Phikeia that present abusive behavior will be sent to the Judicial Board for an immediate hearing.

Section II:Sexual Harassment

1. Sexual harassment of any type is considered abusive behavior and will not be tolerated within the Oregon Alpha chapter. Sexual harassment may be directed against a member of either the opposite sex or the same sex.

2. Any form of hazing or situation thereof which involves or implicates unwanted sexual behavior will not be tolerated and may result in suspension from the chapter. Sexual harassment may include intimidation, bullying, or coercion of a sexual nature or the unwelcome and inappropriate promise of rewards such as membership, offices, or assignments, in exchange for sexual favors. This may occur one-on-one or in a group situation, however, sexual harassment of any sort will not be tolerated within the chapter and reflects poorly on behalf of the gentlemen of Phi Delta Theta.

3. Sexual harassment is a legal issue which may extend out from within the chapter with due process if necessary. Members or Phikeia harassing others will be sent to the Judicial Board for a prompt hearing. If such behavior is noticed, the accused member will be up for review with possible suspension or disaffiliation, and the proper law enforcement will be notified in a timely manner, only after the Judicial Board hearing deems to do so.

2

Section III:Hazing

1. No member of Oregon Alpha shall indulge in any physical abuse or undignified treatment (hazing). Hazing is defined as: “any action taken or situation created, intentionally, or unintentionally, whether on or off Fraternity premises, and whether with or without the consent of the persons subjected to the action, which produces mental or physical discomfort, embarrassment, harassment, or ridicule.” Any form of hazing or practices not mentioned in fraternal law, policies, or ritual will not be tolerated within the chapter.

2. Such activities include, but are not limited to, the following: paddling in any form, creation of excessive fatigue, physical and physiological shocks, quests, treasure hunts, scavenger hunts, road trips, branding, excessive consumption, or any other such activities carried on or outside the confines of the chapter facility, wearing apparel in public which is conspicuous and not normally in good taste, engaging in any public stunts and buffoonery, morally degrading or humiliating games and activities, late work sessions which interfere with scholastic activity, and any other activities which are not consistent with fraternal law, ritual, or policy with the regulations and policies of the University of Oregon.

3. Any member(s) caught in the act of hazing guests, potential new members, or Phikeia are to be immediately reported to the Judicial Board and must be dealt with in a proper and timely manner. A hearing will be held for the accused members and punishment may include suspension or removal from the chapter.

4. Hazing is illegal within the Phi Delta Theta fraternity and the state of Oregon, as per the 2010 Oregon Hazing Law section 163-197. It is encouraged to report any and all hazing behavior to the general Fraternity and the University as well, after the proper Executive members come to a consensus on the legal actions which to pursue. The chapter as a whole may receive a monetary infraction, state fine ($1000 for chapter, $250 per individual, as per the Oregon Hazing Law), chapter probation, or charter suspension/removal by the general Fraternity if hazing policies are violated.

Section IVAlcohol

3

1. All chapter facilities and properties in Phi Delta Theta Fraternity shall be alcohol and substance-free at all times and under all circumstances. The implementation of these procedures is a continuation of the ongoing educational efforts of the General Fraternity, as well as the University of Oregon system.

2. The possession, use, or consumption of any alcoholic beverages by any Fraternity member, potential new member, Phikeia, or guest, during chapter activities, or in any situation sponsored or endorsed by Phi Delta Theta, Oregon Alpha, must be in compliance with the current laws and ordinances of the city, state, province, city, county, and university/college in which the event(s) shall take place.

3. The Oregon Alpha chapter may not purchase any drugs or alcohol with Fraternity funds, nor may any member or Phikeia in the name of or on behalf of the chapter coordinate the collections of any funds for such a purchase. This includes, but is not limited to, the following: the purchase of kegs, the purchase of party cups/balls/tables, cases of beer or wine, liquor, or any other bulk quantities of alcoholic beverages (including planned “slosh” or “highway” funds to purchase the such).

4. The Oregon Alpha chapter may not co-sponsor or co-finance a function where alcohol is purchased by any of the host chapters, groups, clubs, or organizations.

5. There will never be permitted, at any given time, the coexistence of alcohol and an open fire or flames. If there is an open fire present at any given function or event, alcohol is not permitted within 200 feet distance.

6. The use or distribution of kegs, kegerators, or party supplies by the chapter at chapter hosted events is strictly forbidden.

7. The sale of alcoholic beverages by the chapter is strictly forbidden. Oregon Alpha shall never participate in any activity or action which creates the impression that the chapter is selling any form of alcoholic beverages. Examples include, but are not limited to, the following: charging admission to parties, passing the hat, selling empty cups, selling drinking tickets/bracelets, or having vending machines which dispense alcoholic beverages.

8. All recruitment functions and recruitment activities associated with or sponsored by any club/organization of Oregon Alpha will be alcohol free. Alcoholic beverages are prohibited at any Phikeia program or initiation ceremony of the chapter. Oregon Alpha is strongly encouraged to conduct alcohol and drug awareness programs for members and Phikeia.

4

9. Any member, Phikeia, or guest who appears to be clearly intoxicated will be asked to immediately leave the premises, function, or event. Members visibly intoxicated at any chapter event, or event/function sponsored by Phi Delta Theta will result in a Judicial Board hearing in a promptly and timely manner. Any members or Phikeia who show any physical signs of overdrinking (ie: vomiting, unruly actions, disinhibition, lack of coordination, loss of consciousness, etc.) at any event will result in immediate social probation, as well as a monetary fine of $25. Gentlemen who act as such should be immediately reported to the Warden, or any member of the Executive or Judicial Boards.

Section V:Drugs1. The use or possession of any unlawful intoxicating drug or narcotic in any form is not permitted at any Oregon Alpha function or in any chapter facility, unless the such drug is prescribed by a practicing physician and a valid, legal, and current prescription is present.

2. The use of marijuana is strictly banned from the Oregon Alpha chapter. Smoking or consuming marijuana in any form is strictly prohibited at chapter events, functions, or within chapter facilities. Use of any form of cannabis must be in compliance with the current laws and ordinances of the city, state, province, city, county, and university/college, or must be prescribed by your physician. If so, a valid, legal, and current prescription must present. Any use of this drug will result in immediate suspension, long-term probation, or review for possible disaffiliation with the Fraternity. As deemed by the consensus of the Judicial board, the use of marijuana within the chapter facility(ies) must be promptly reported to the proper law enforcement, or the general Fraternity. The misuse of cannabis will result in a prompt and immediate action taken by the Judicial Board. The chapter as a whole will then vote on the outcome (decision) and proper measures will be taken against the offender(s).

3. The inappropriate use of any type of stimulant is strictly prohibited within the Oregon Alpha chapter. This includes, but is not limited to, the following: cocaine, crack cocaine, amphetamine, methamphetamine, dexedrine, ephedrine, methylphenidate, modafinil/armodafinil, MDMA, ecstasy, steroids, or any other mind/body enhancing drugs, unless personally prescribed by your physician. If so, a valid, legal, and current prescription must present.

5

Misuse of such drugs will not be permitted and will result in an immediate Judicial Board hearing, and suspension from the chapter if necessary.

4. The inappropriate use of any type of “downer” or sedative is strictly prohibited within the Oregon Alpha chapter. This includes, but is not limited to, the following: benzodiazepines, sedative-hypnotics, methadone, morphine, codeine, heroin, opiates, barbituates, tranquilizers, pain relievers (non OTC), or any other central-nervous system depressant drugs, unless personally prescribed by your physician. If so, a valid, legal, and current prescription must present. Misuse of such drugs will not be permitted and will result in an immediate Judicial Board hearing, and suspension from the chapter if necessary.

5. Any member, guest, or Phikeia will hold absolute responsibility if caught with any scheduled drug or narcotic and will result in an immediate Judicial Board hearing and executive decision. Any and all controlled substances must be upheld with a valid, legal, and current prescription. The failure to do so may result in suspension, disaffiliation, or possible legal action if pursued.

6. The sale, purchase, or distribution of the aforementioned drugs (or any thereof) is strictly prohibited within the Oregon Alpha chapter. Any transaction of drugs from member-to member, member-to-Phikeia, Phikiea-to-member, member-to-guest, or guest-to-member will not be tolerated. Such acts may include the transaction of drugs for money, money for drugs, drugs for services, services for drugs, or drugs for other drugs. Selling one’s prescriptions, or having possession of drugs not prescribed to the person in possession is illegal and will be fully prosecuted. These acts are forbidden within the Chapter and may result in the highest punishment by law if reported. The University of Oregon and the Phi Delta Theta fraternity are drug-free communities. Delinquency with such ordinances or within any violation of the United States Controlled Substances Act of 1970 will result in the member’s immediate suspension from the chapter if the Judicial Board deems necessary. The illegal possession of any scheduled substance may even result in intervention of the Eugene Police Department, or the Drug Enforcement Agency if such a precedent is needed to intervene with the given case. Any member abusing of any drug illegally must be immediately reported to the Judicial Board and must be dealt with in a timely and orderly manner. The misuse of illegal drugs goes against all Phi Delta Theta & UO conduct and may lead to lifelong repercussions.

7. All recruitment functions and recruitment activities associated with or sponsored by any club/organization of Oregon Alpha will be drug and alcohol free. The use of drugs reflects extremely poorly on behalf of the chapter, the general Fraternity, and the University of Oregon. As per the University of Oregon, those on financial aid and/or scholarship may lose their assistance if

6

they are caught with any illegal substance(s) of any form and may be asked to leave the institution.

Section VI:High Risk Events1. Phi Delta Theta at Oregon Alpha cannot afford the exposure of sponsoring, organizing, endorsing, or participating in events or activities which involve a high-risk of physical injury or damage to property.

2. While no definitive list of such events can be given, the chapter must take a common sense approach to evaluating the risk of a particular event or activity. Examples of high-risk events include, but are not limited to, the following: bungee jumping, river rafting, parachuting, athletic events such as boxing or wrestling, roof-top functions, events with open flames, water skiing, or other water-related activities, especially those activities which relate to any type of temporary pool or water slide. The presence of alcohol therefore defaults as a high risk event, regardless of the activity.

3. As per the common sense approach, any high risk event that may seem dangerous or suspicious is to be immediately reported to the general Fraternity, or the University of Oregon thereof by members of the Judicial Board. It is the utmost responsibility of the Executive and Judicial Boards to determine whether or not an event or function is considered for high risks.Section VII:Property Management1. The Oregon Alpha facility, along with its furnishings and landscapes, should provide for each member an environment to study, clean and safe living conditions, and comfortable recreational facilities.

2. A sound program focused on proper maintenance of the property, along with due regard for the university/college, health, or fire department regulations, shall be followed within the chapter. The chapter facility may be subject to health, fire, and general safety inspections given by the proper professionals, and must maintain any code or standards required by the such professionals surveying the property.

3. There are to be frequent inspections of the chapter facility(ies) to ensure clean and safe living conditions. Any and all damages shall be immediately reported to the housing manager, or must be relayed immediately to the

7

current housing corporation/organization. Any member, guest, or Phikeia who personally causes a damage or damages will be dealt with in a prompt and due manner. Such violations or displays of destructive behavior will result in monetary fines (up to the amount of the caused damages) and an immediate hearing by the Judicial Board, which may result in probation or suspension.

Section VIII:Members’ Personal Property

1. Use of personal property in Fraternity activities shall be strictly voluntary and the sole responsibility of the owner.

2. Oregon Alpha assumes no liability or responsibility for any loss or damage to any personal property of members even if used in conjunction with Fraternity activities.

3. As per personal property within the chapter facility, it is given that a mutual respect towards other members’ personal items will be in effect at all times. Any member reported for damaging other members, Phikiea’s, or guest’s personal effects will be due charged with a prompt and adequate punishment. The accused will be immediately sent the Judicial Board for a hearing. The outcome will then be reviewed in the following Chapter meeting.

Section ix:Automobiles and Transportation

1. Oregon Alpha is encouraged to establish a transportation policy for chapter events which are not held at or within walking distance from the chapter facility. It is strongly recommended that the policy include the use of a form of mass transportation (or liability waiver), such as charter buses, professional drivers, limousine services, party buses, taxis, etc. to transport members for such events, and particularly for transportation in conjunction with Fraternity activities does so at their own risk. They are responsible for their own conduct.

8

2. Members or Phikeia shall obey all applicable motor vehicle laws, including, but not limited to, those concerning vehicle safety, vehicle operation, financial responsibility and/or insurance, and the transportation and consumption of alcoholic beverages. If a member or Phikeia is to use the vehicle of another member or Phikeia, he must be properly insured (as a third party) and must be adequate to operate the given vehicle.

3. Operators shall ensure that vehicles are properly maintained, not overloaded, and are operated in a safe and efficient manner while obeying all traffic laws.

4. Rental vehicles shall be operated in accordance with rental contracts, and solely with such written consent. Driver or operator of the rented vehicle must be properly insured and adequately fit to operate such machinery.

5. Use of personal vehicles shall be strictly voluntary and the sole responsibility for accidents on the driver or owner(s) of vehicles. The Fraternity assumes no responsibility or liability and provides no insurance to drivers or owners of vehicles for accidents or injuries, or for any damages to vehicles not owned by the Fraternity that may be used in conjunction with Fraternity activities.

Section X:Contractual Agreements & Additional Insured1. No chapter, member, or housing organization may enter into any written or oral contract or financial agreement using the name of Phi Delta Theta. This includes without limitation such agreements as leases, contracts, hold harmless agreements, liability releases, account statements, purchase orders, and hotel or banquet contracts.

2. As the Fraternity’s insurance does not afford protections to outside individuals or entities, no chapter, member, or housing organization may enter into any written or oral agreement under which the responsibility or liability of some party other than the Fraternity is assumed.

3. Additional insured status under the Fraternity’s insurance requires the prior agreement of both the Fraternity and the insurers.

9

House Clause:As per code and Conduct

*By reading and acknowledging the aforementioned, all active members hereby understand the rules, regulations, and expected guidelines for the Oregon Alpha chapter. Each member must take the previous sections into consideration and apply them inside and out of the chapter facility(ies), and at chapter hosted or funded events. Each section must be obeyed and executed as such. Members who do not comply with any of the aforementioned sections will be dealt with in a timely, orderly, and appropriate manner.

It is the member(s) responsibility to immediately notify the Risk Manager or any other pertinent Active Executive member if a serious crisis or incident occurs at any time.

I _______________________, Bond number ________, have hereby read and understood all of the aforementioned risk management policies of Phi Delta Theta at the University of Oregon (Oregon Alpha) and have reviewed any discrepancies with the Executive Board. I have understood the legal implications of violating any of the policies previously mentioned.

By signing this, you solely understand the implications of this contract. Any violations to any of the policies mentioned will result in immediate action by the Oregon Alpha Judicial Board, the general Fraternity, the University of Oregon, or

proper law enforcement.

Printed Name: __________________________________ Bond Number: ___________

Signature: _____________________________________ Date: ____ / _____ / 20____

Risk Manager: __________________________________ Bond Number: ___________

--This is a legal document and must be stored and filed safely for future reference.--

10