Psi U loses battle over recognition

The decision, according to University lawyers, may be a precedent-setting case for university-fraternity legal relationships nationwide. Had the court found in favor of Psi U, the planned community service residence project, scheduled to begin in the fall, in Psi U's castle-house on Locust Walk, could have been derailed, University officials said this week. "It would have been postponed," according to University lawyer Frank Roth who argued the case. "[Psi U] would have had to go for a permanent injunction," to indefinately suspend the University's diversification plans. The case was brought before the court after the fraternity's original motion was dismissed by the Philadelphia Court of Common Pleas last July. The complaint charged that the University denied Psi U due process by deciding the fraternity had collective responsibility for the kidnapping of a member of another fraternity last year. The decision, rendered by Judges Justin Johnson, Frank Montemuro and John Hester, dismissed these charges, saying the University did not violate the fraternity's rights of association -- assembly and free speech. It also called the claim made by the fraternity to a "'clear right to relief . . .[is] without merit." Roth said that now, the University can proceed with its plans for the Castle, barring any further appeals which he termed "unlikely." "They tried to block us and we can go ahead," said Roth, who argued the University's case in March. "Things go on as they are. Their recognition is withdrawn." But Psi U's lawyer, John Ledwith, left open the possibility for further legal action against the University, saying that "there were minor errors in the decision." "The basic problem was with the decision of the lower court," he said. "The appellate court did not address certain issues because the lower court did not consider them." Roth explained that the case may have relevance for future university-fraternity disputes, as it legitimizes the system by which the University controls the Greek system on campus. "This was a challenge to the whole recognition policy," he said. "[The decision] upholds what the University has under its recognition policy is acceptable under the law." Vice Provost for University Life Kim Morrisson, who implemented the punishment against Psi U and was named in the suit against the University, said she was not surprised with the decision. "It's always sad when something like this goes to litigation anyway," she said, adding that now, "our plans for the Castle will continue." Under the terms of the settlement, the fraternity may not apply for re-recognition until the spring of 1993. Morrisson added that the court case should not have any effect on its application, should it make one. "Their re-recognition will depend on the case they present before the Fraternity Sorority Advisory Board," she said. And she declined to speculate on who would occupy the Castle should the fraternity be allowed to return to campus, saying the question "will really be up to the president to decide."

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