Learn Risk Management Lessons From Greek Organization Claims

Fraternities and sororities provide students with strong social ties and philanthropic opportunities. Despite these advantages, a number of colleges and universities are re-evaluating their relationships with Greek organizations, particularly fraternities. From 2010-2014 United Educators (UE) received 162 claims from institutions involving Greek organizations, which generated over $9 million in losses. Examples include:

• A fraternity hosted an institution-approved tailgate party before a football game. Fraternity brothers drove rental trucks of beer kegs through the thick crowds. One driver accidentally hit the gas instead of the brake and ran over several people, killing one person and injuring two others.
• During an initiation event, fraternity pledges were locked in the bathroom for several hours and struck with paddles. One of the pledges was hospitalized, dropped out of school, and sued the institution.
• An institution cleared the snow on a Greek house’s driveway, but not the ice, and someone slipped and broke an ankle. The indemnity clause in the lease that would otherwise direct the claim toward the Greek organization did not apply because the claim arose out of the institution’s sole negligence. The institution settled for nearly $100,000.

For colleges and universities that seek to retain the tradition of Greek life, a sound risk management program is essential to protect students from harm and to safeguard the institution, its officers, and its assets. Based on lessons learned from UE’s Greek claims, institutions should consider these actions:

Evaluate Greek house leases. As the property owner, the college should correct or warn about known hazards. Leases should specify which party must handle repairs. If the institution is responsible, enable tenants to report problems. Include a risk allocation provision articulating how losses and claims will be distributed.

Tie a Greek chapter’s recognition status to the lease. Greek house leases should include a right to terminate if the fraternity loses its campus recognition. The institution should not continue entrusting its property to the organization if recognition is revoked.

Provide effective oversight of Greek parties and events. Institutions were frequently deemed sponsors of Greek activities when they provided staff to facilitate or required the fraternity to register the event and agree to the institution’s event policies. As a sponsor, an institution may assume some or all responsibility for claims arising out of the activity.

Monitor Greek recruitment, pledging, and initiation practices to prevent hazing. Consider ending, reducing, or delaying pledging; installing institution advisors in fraternity houses; and implementing a hazing hotline.

Manage risks posed by unrecognized fraternities. Institutions should establish and widely publicize a policy on unrecognized fraternities that lists the unsanctioned groups and warns of the associated safety risks.

More information about UE’s Greek claims study and the lessons learned is available in Greeks and Risk: Lessons From Claims .

By Melanie Bennett, associate risk management counsel