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and DWAYNE SYE The Office of Fraternity and Sorority Affairs will decide what actions to take against Phi Kappa Psi fraternity for the alleged violations of the University alcohol policy, an OFSA official said yesterday. In addition, University officials said the State Police Bureau of Liquor Control Enforcement raid at Phi Psi last Friday night was permissible. However, a former LCE attorney is not sure the actions were appropriate. During the raid, the LCE charged one fraternity brother with illegal sale of alcohol and issued 48 citations for underage drinking, possession or purchase. Also, LCE Lt. John McGeehan said his agents confiscated five kegs of beer from the house and that some of the underage drinkers were just 16 years old. According to OFSA Director Tricia Phaup, her office will determine what actions to take against the fraternity for serving alcohol to minors. "Because of the situation with the police, we know the policy was violated," Phaup said. "We are now deciding what to do . . . It would be premature for me to go over the possibilities." Phi Psi President Steven Cappiello, an Engineering junior, said yesterday the fraternity will take full responsibilty for its actions. Phaup said her office was not contacted prior to the raid. She said she has not spoken with the LCE. The University's alcohol policy prohibits the distribution of alcohol to minors. InterFraternity Council President Jeffrey Blount said representatives met Wednesday night and discussed the Phi Psi incident, although they passed no resolutions. "I would certainly think the State Police would have better things to worry about than raiding fraternity parties on a college campus," the Wharton junior said. It is unclear if the IFC will take any action against the fraternity through the Greek Peer Judicial Board. Its "bring your own booze" social policy prohibits "communal sources of alcohol" for guests at open parties such as kegs, but allows kegs in rooms restricted to brothers. Cappiello said police confiscated alcohol from areas of the fraternity's house that were off-limits to guests during the party. The BYOB policy also requires a professional doorman to check for legal-age identification. Associate Vice Provost for University Life Larry Moneta said yesterday he is not aware of any University policy which deals with the LCE. "The University can't prohibit outside agencies from doing what they do," Moneta said. "In my experiences at other campuses . . . outside agencies typically do not inform the campus if they have legitimate reason [to take action]." Moneta came to the University last month. He has also worked at the University of Massachusetts and the University of Rochester. But, a former LCE prosecutor, is not sure the LCE acted within the intent of the law. Gary Di Vito, now a partner in the Philadelphia firm Goldstein, Friedberg, Kelly, Di Vito & Dubrow, worked for the LCE from 1982 to 1986. His firm is one of the largest defense firms for LCE violations in Pennsylvania. "I think their direction is wrong," Di Vito said of the LCE. "I don't think there is demand in society for them to go out and make hundreds of arrests and take away liquor licenses." Di Vito added that the law written to prevent the commercial sale of alcohol to the general public was not intended for fraternities. He said the law is intended to cover night clubs. However, LCE Lt. McGeehan said any sale of alcohol in high volume is essentially a commercial sale. "Any residence or any persons who set up a party and then charge admission to the party is within the [scope of the ] law," McGeehan said. "You are into a situation where they are a speak-easy or a business." McGeehan said raids have occurred at other area university fraternities, including Bloomsburg, West Chester, Drexel and Villanova universities. He said the State Police wants to hold information sessions with fraternity members to help instruct them how to hold safe parties. "Kids really need to protect themselves," McGeehan said. "They need to ask some questions: What are the laws? and what do we have to do to comply with laws?" Cappiello also suggested the incident could be a learning experience. "If anything good can come out of this . . . I hope national policies regarding underage drinking would be reconsidered," he said. "I think that's what every college student wants." However Di Vito encouraged prosecutorial discretion as an alternative. "I don't think there is widespread community outrage about underage drinking," Di Vito said. "I think people are more concerned about more serious problems such as crime and drugs."

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