Kappa Alpha Psi Fraternity Inc Southwestern Province 38

Kappa Alpha Psi Fraternity, Inc. Southwestern Province 38 th C. Rodger Wilson Leadership Conference RISK AVOIDANCE/ RISK MANAGEMENT Training Session September 15, 2017 “Rebirth, Reclaim, Recommit, By Leaving No Brother Behind”

Kappa Alpha Psi Fraternity, Inc. Southwestern Province 38 th C. Rodger Wilson Leadership Conference hazing 1. The definition of Hazing varies from state to state. Generally it means to punish, harass, humiliate or force persons to do things against their will. 2. Acts of Hazing can lead to Civil and/or Criminal legal action 3. Virtually every State has anti-hazing laws that make it at least a misdemeanor for even the slightest acts of hazing (NOT NECESSARILY PHYSICAL HAZING) “Rebirth, Reclaim, Recommit, By Leaving No Brother Behind”

Kappa Alpha Psi Fraternity, Inc. Southwestern Province 38 th C. Rodger Wilson Leadership Conference hazing 4. Hazing laws have been on the books in most states for over 50 years 5. In 1991, THE DIVINE NINE agreed to levy the stiffest of penalties for acts of physical hazing 6. Serious physical hazing can also result in a felony conviction and jail time “Rebirth, Reclaim, Recommit, By Leaving No Brother Behind”

Kappa Alpha Psi Fraternity, Inc. Southwestern Province 38 th C. Rodger Wilson Leadership Conference hazing 7. Any physical hazing can result in a civil suit filed against the perpetrators and a substantial money judgment that could follow them their entire professional lives 8. In most states, money judgments for hazing ARE NOT DISCHARGEABLE IN BANKRUPTCY PROCEEDINGS 9. The Fraternity has NO INSURANCE COVERAGE for intentional acts of hazing and STRICTLY PROHIBITS ANY FORM OF HAZING “Rebirth, Reclaim, Recommit, By Leaving No Brother Behind”

Kappa Alpha Psi Fraternity, Inc. Southwestern Province 38 th C. Rodger Wilson Leadership Conference Social host liability • Social Host Liability Statutes (SHLS) impose liability on a third party (social host) for inappropriately serving alcohol to persons or minors. In some states, the Dram Shop Law (law specifically for licensed liquor vendors) also includes Social Host liability. • Usual case: Person A drinks at Bar B and seriously injures Person C on the way home. Person C can sue Bar B for serving Person A too much alcohol. In some states, Person A can also sue Bar B, even though A did all the drinking • A Social Host can usually be an individual or an organization “Rebirth, Reclaim, Recommit, By Leaving No Brother Behind”

Kappa Alpha Psi Fraternity, Inc. Southwestern Province 38 th C. Rodger Wilson Leadership Conference Social host liability • Almost every state and the District of Columbia have Social Host statutes that impose civil and/or criminal liability • Even if a state does not have a SHLS, local cities and counties might have ordinances that impose such liability • The severity of the penalties and damages varies by jurisdiction • In Nevada: It is a criminal violation (misdemeanor) to sell liquor to a minor and the penalty is up to 6 months in jail and up to $1, 000 in fines. “Rebirth, Reclaim, Recommit, By Leaving No Brother Behind”

Kappa Alpha Psi Fraternity, Inc. Southwestern Province 38 th C. Rodger Wilson Leadership Conference RULES MUST BE FOLLOWED – CONSISTENTLY 1) The “One KAPPA” approach is particularly appropriate where the Fraternity’s rules and regulations are concerned. 2) Apply the Fraternity’s rules and regulations consistently, across the board. 3) Deviation for political or personal relationship reasons has no place in your operational activities, especially when applying disciplinary provisions 4) The Fraternity has experienced many negative consequences over the years from the failure of members to follow our own rules “Rebirth, Reclaim, Recommit, By Leaving No Brother Behind”

Kappa Alpha Psi Fraternity, Inc. Southwestern Province 38 th C. Rodger Wilson Leadership Conference • MEMBERSHIP TRAINING ACADEMY • IS THE NEW INITIATION PROCESS OF KAPPA ALPHA PSI FRATERNITY “Rebirth, Reclaim, Recommit, By Leaving No Brother Behind”

Kappa Alpha Psi Fraternity, Inc. Southwestern Province 38 th C. Rodger Wilson Leadership Conference KEEP THE ENTITIES STRAIGHT 1. Local Chapters and Provinces should enter into all contracts in their name only. 2. Only Grand Chapter officers and authorized IHQ staff can obligate Kappa Alpha Psi Fraternity, Incorporated 3. Any Province or Local Chapter agreements should be signed in the following way—as example: The Southwestern Province of Kappa Alpha Psi, Timothy Albert, Polemarch, mark Gallashaw, Keeper of Records “Rebirth, Reclaim, Recommit, By Leaving No Brother Behind”

Kappa Alpha Psi Fraternity, Inc. Southwestern Province 38 th C. Rodger Wilson Leadership Conference Anti-Discrimination Policies It is important to enforce the Fraternity’s policy that bans membership discrimination on the basis of 1. 2. 3. 4. 5. Race Religion National Origin Sexual Orientation Sex ? (still an open question) “Rebirth, Reclaim, Recommit, By Leaving No Brother Behind”

Kappa Alpha Psi Fraternity, Inc. Southwestern Province 38 th C. Rodger Wilson Leadership Conference insurance 1. 2. 3. 4. 5. 6. 7. The Fraternity has insurance coverage for Grand Chapter, the Provinces and local chapters and is applicable for activities conducted in the normal course of Fraternity business Excluded from coverage are intentional acts of hazing or any other illegal activity. To maintain coverage, Fraternity entities must pay an annual insurance premium Members in Leadership positions are encouraged to get Umbrella Policies for potential liability. Some provinces will share this cost with the local chapters. You MUST submit an event form at least two weeks prior to the event to have coverage for it. This includes chapter meetings, and other regularly occurring activity. If the event is recurring, you can submit one event form at the beginning of the year that shows the scheduled dates. You must let IHQ know if another party (Hotel, caterer, etc. . ) requires that it is named as an additional insured on the policy for an event. In that case, you must submit a copy of your contract with that party to IHQ, prior to the event. When in doubt about coverage, call IHQ well in advance of the event to resolve any issues you might have “Rebirth, Reclaim, Recommit, By Leaving No Brother Behind”

Kappa Alpha Psi Fraternity, Inc. Southwestern Province 38 th C. Rodger Wilson Leadership Conference Province Legal Counsels are NOT Independent 1. There is no Constitutional or Statutory authority for Province Legal Counsels. 2. Province Legal Counsels serve as another resource for province officials but should not give substantive advice that might affect Grand Chapter without first consulting with the Fraternity’s General Counsel 3. When in doubt, Province Legal Counsels should err on the side of providing the Fraternity’s General Counsel too much information rather than not enough 4. Province Legal Counsels should never give the impression they speak for Grand Chapter and should closely adhere to the Fraternity’s media relations policy: Only the Grand Polemarch or the Executive Director speaks for the Fraternity. “Rebirth, Reclaim, Recommit, By Leaving No Brother Behind”

Kappa Alpha Psi Fraternity, Inc. Southwestern Province 38 th C. Rodger Wilson Leadership Conference MEDIA CONTACTS Only the Executive Director (or his approved delegate) or the Grand Polemarch (or his approved delegate) may give public statements on behalf of the Fraternity. Even at the Province or local chapter level, you should refrain from any statement that might impact the Fraternity and refer all parties to IHQ for our official position on matters. “Rebirth, Reclaim, Recommit, By Leaving No Brother Behind”

Kappa Alpha Psi Fraternity, Inc. Southwestern Province 38 th C. Rodger Wilson Leadership Conference Questions and answers “Rebirth, Reclaim, Recommit, By Leaving No Brother Behind”

Kappa Alpha Psi Fraternity, Inc. Southwestern Province 38 th C. Rodger Wilson Leadership Conference The end “Rebirth, Reclaim, Recommit, By Leaving No Brother Behind”