2. Risk Management Policy Basics Todd Rotgers (Minnesota 2011) Director of Education Alex Wylie (Arizona State 1996) General Counsel

3. General Statement

4. All undergraduate members and pledges of Phi Gamma Delta shall abide by any and all applicable laws of the federal government, state, province, county, city, and institution of higher learning.

5. Alcohol and Drugs

6. 1 Policy: The possession, sale, use or consumption of ALCOHOLIC BEVERAGES, while on chapter premises, or during a fraternity event, in any situation sponsored or endorsed by the chapter, or at any event an observer would associate with the fraternity, must be in compliance with any and all applicable laws of the state, province, county, city, and institution of higher learning, and must comply with either the BYOB or Third Party Vendor Guidelines. Don’t Break the Law: The drinking age is 21 in all states, and anyone (member, pledge, or guest) who consumes alcoholic beverages runs the risk of trouble. In addition, chapter functions (which can be any event an observer would associate with the organization) with alcohol present must abide by either BYOB or must use a their party vendor. Simply put, chapters do no have liquor licenses and therefore cannot provide alcohol.

7. 2 Policy: No alcoholic beverages may be purchased through chapter funds nor may the purchase of same for members or guests be undertaken or coordinated by any member in the name of or on behalf of the chapter. THE PURCHASE OR USE OF A BULK QUANTITY OF ALCOHOL (I.E. KEGS OR CASES) IS PROHIBITED. No Chapter Purchase or Bulk Quantities: No funds collected by the chapter in any form, including dues or “passing the hat,” can be used for the purchase of alcohol. THE CHAPTER IS NOT A TAVERN, so we shouldn’t be in the business of providing alcohol. When we do, we take on a huge risk. Also, in today’s college culture, bulk quantity of alcohol translates to most observers as an opportunity to binge drink, which creates the risk for things like alcohol poisoning, falls, deaths, and other injuries. This means that kegs, cases, and other mass quantities of alcohol are a HUGE risk and liability.

8. 3 Policy: OPEN PARTIES, meaning those with unrestricted access by non-members of the fraternity, without specific invitation where alcohol is present, are prohibited. The number of guests in attendance at any event where alcohol is present shall be limited to a maximum of three (3) guests per member. A guest is defined as a person who is not a member of the host chapter. It is recommended that all guests be listed on a predetermined guest list. No Open Parties: In order to further decrease risk, events with alcohol MUST HAVE A GUEST LIST and non-members of the Fraternity must have specific invitations. Know who your guests are! The campus phone directory or a list of Facebook friends does not constitute a guest list. No more than THREE guests per member.

9. 4 Policy: No members, collectively or individually, shall purchase for, serve to, or sell alcoholic beverages to any minor (i.e., those under the legal drinking age). Don’t Serve to Minors: It should go without saying that it is against the law to purchase for or serve to someone who is under 21 years of age. AGAINST THE LAW = RISK.

10. 5 Policy: The possession, sale, or use of any ILLEGAL DRUGS OR CONTROLLED SUBSTANCES while on chapter premises or during a fraternity event, or at any event that any observer would association with the fraternity, is strictly prohibited. No Illegal Drugs in the Chapter: This one is cut and dry. There is ZERO TOLERANCE for chapters who have illegal drugs or controlled substances on chapter premises or at chapter events.

11. 6 Policy : No chapter may co-sponsor an event with an alcoholic distributor or tavern (tavern defined as an establishment generating more than half of annual gross sales from alcohol) where alcohol is given away, sold, or otherwise provided to those present. This includes any event held in, at or on the property of a tavern as defined above for the purposes of fundraising of any kind. A chapter may rent or use a room or area in a tavern as defined above for an event held within the provisions of this policy, including the use of a third party vendor and guest list. A chapter may conduct or participate in an event with a charitable organization where alcohol is present if the event is held within the provisions of this policy and does not fundraise through the sale of alcohol or the sale of tickets (or otherwise) which can be exchanged for alcohol. No Co-Sponsorship with Distributors: The chapter is equally liable if they co-sponsor an event with a vendor/tavern where alcohol is present, given away, or sold to those present, even if the event doesn’t take place at a bar.

12. 7 Policy: No chapter may co- sponsor or co-finance a function where alcohol is purchased by any of the host chapters, groups, or organizations. All or Nothing Rule: Any chapter that CO-SPONSORS OR CO-FINANCES an event with other chapters/organizations is equally liable for an incident if any of the other groups purchase alcohol. That means the chapters SHARES THE RISK even if they are following every other part of the Risk Management Policy.

13. 8 Policy: All recruitment activities associated with any chapter will be DRY recruitment functions. No recruitment activities may be held at or in conjunction with an alcohol distributor or tavern as defined in this policy. Dry Rush & Recruitment: Any individual expected to make a life-changing choice (accepting a bid) cannot be counted upon to make an educated decision when under the influence of alcohol. Additionally, if alcohol is the only selling point the chapter has to a prospective member, then it is time for the chapter to rethink why they exist. Finally, most potential new members are under the legal drinking age, which makes it illegal for them to drink alcohol. ABSOLUTELY NO ALCOHOL can be present at any recruitment event or activity.

14. 9 Policy: No member or pledge shall permit, tolerate, encourage, or participate in "drinking games." The definition of drinking games includes but is not limited to the consumption of shots of alcohol, liquor or alcoholic beverages, the practice of consuming shots equating to one’s age, “beer pong,” “century club,” “dares” or any other activity involving the consumption of alcohol which involves duress or encouragement related to the consumption of alcohol. No Drinking Games: Just like bulk quantity in #2, “DRINKING GAMES” ENCOURAGE HIGH RISK DRINKING, which increases the risk of an accident. Chapters that don’t permit, tolerate, encourage, or participate in such antics significantly reduce their risk.

15. 10 Policy: No alcohol shall be present at any pledge program, pledge activity, or ritual of the chapter. This includes, but is not limited to activities associated with “bid night,” “Big Brother – Little Brother / Pledge Father – Pledge Son” events of activities”, “family” events or activities and initiation. Dry Pledge Activities: Like “dry” rush/recruitment in #8, THERE CANNOT BE ANY ALCOHOL INVOLVED WITH THE DEVELOPMENT OF PLEDGES, even if a pledge is of legal drinking age. Most pledges are under the legal drinking age anyway, which means it’s not only illegal, but it makes the risk and liability especially high.

16. Hazing

17. No chapter, colony, pledge, undergraduate or graduate brother shall conduct nor condone hazing activities. Permission or approval by a person being hazed is not a defense. Reference to Section 19.34 of the Bylaws of the Fraternity.

18. Abuse & Harassment

19. The Fraternity will not tolerate or condone any form of sexist or sexually abusive behavior on the part of its members, whether physical, mental or emotional. This is to include any actions, activities or events, whether on chapter premises or an off-site location which are demeaning to women or men, ranging from but limited to verbal harassment to sexual assault by individuals or by members acting together. The employment or use of strippers, exotic dancers or similar, whether professional or amateur, at a fraternity event as defined in this policy is prohibited.

20. Fire, Healthy & Safety

21. All chapter houses should meet all local fire and health codes and standards. 1

22. All chapters should have posted by common phones emergency numbers for fire, police, and ambulance and should have posted evacuation routes in the common areas and on the back of the door of each sleeping room. 2

23. All chapters should comply with engineering recommendations as reported by the insurance company. 3

24. The possession and/or use of firearms or explosive devices of any kind on chapter property is expressly forbidden. 4

25. The construction and/or use of water features, towers, rope bridges and slides is strictly prohibited whether on chapter property or elsewhere. The term “water features” includes but is not limited to above-ground pools, waterfalls, slip-n-slide and similar structures, but does not include in-ground pools or fountains built and operated in accordance with local building codes and ordinances. In addition, the terms “towers” and “rope bridges” do not include such structures that are part of certified COPE or ROPES Courses or rappelling towers built and operated in accordance with applicable engineering standards and local building codes and ordinances. 5

26. Education

27. Each undergraduate brother and pledge shall be instructed annually on the Risk Management Policy of Phi Gamma Delta.

28. Alcohol-Free Housing

29. Phi Gamma Delta chapter house facilities and chapter properties not possessing an exemption shall be alcohol-free. No alcohol shall be present, possessed, brought onto, or consumed in or on any portion or room of any chapter house facility or chapter property. Chapters meeting the requirements of fraternity bylaw 19.500 may acquire an exemption from this alcohol-free housing policy for a one-year period, pending yearly review.

30. Miscellanious

31. Section 19.13 Supervision of Undergraduate Members. Undergraduate members shall be under the direction and supervision of the officers of their respective chapters.

32. Insurance Coverage Why do we manage risk? Insuring fraternities is EXPENSIVE More incidents/lawsuits = more claims Late1980s: sixth most expensive thing to insure in the world (behind nuclear power plants, coal mines, etc.) 18-22 year old males not known for excellent decisions

33. Insurance Coverage What does it cover? Covers members, volunteers and Chapter when all local, state and federal laws are obeyed and PGD policies followed Hired and non-owned automobile liability Host liquor liability UNLESS manufacturing, distributing, selling, serving or furnishing of alcoholic beverages, or if minors are involved Added Benefit for Undergraduates All registered brothers/pledges entitled to Member Accident Protection Program (M.A.P.P.) Compliments health insurance by covering out-of-pocket costs (co-pay or deductible) Members covered for nearly all accidents (as long as nothing illegal occurred)

34. Questions Todd Rotgers (Minnesota 2011) Director of Education trotgers@phigam.org Alex Wylie (Arizona State 1996) General Counsel aswylie@frontier.com