We accept the fact finder's determinations of witness credibility and the weight to be given reasonable but competing inferences. The robbery occurred during a multi-pound marijuana deal arranged by R.C. Loss of Recognition Until May 2020. CP at 50. was selling drugs out of the joint. admitted that one AKL member owed him $140 for cocaine. B.M., who had witnessed the fight, told police he believed the fight was about people snitching. From Marketing to Mathematics, from Engineering to Communication, Alpha Kappa Psi is a co-ed business fraternity open to all majors. The standards of conduct for students lists a number of possible sanctions that may be imposed, including loss of recognition. N.H. also admitted to Detective Patrick that he owed B.B. C.S's affiliation with AKL, however, was corroborated by photographs, as well as by information from B.M. was arrested for intimidating a witness. ¶ 48 The substantial evidence standard, like the arbitrary and capricious standard, is “highly deferential” to the agency fact finder. was arrested for dealing drugs) at the house. WSU Dean of Students Dan Welter says the joint decision by the university and the national chapter of Alpha Kappa Lambda to withdraw recognition, which is … In the experience of board members, 420 indicates that a place is “marijuana-friendly.”. We also conclude that in light of the evidence of AKL members' distribution and use of drugs, the five-year sanction was not arbitrary or capricious. Docket Number: 27374-1: Title of Case: Alpha Kappa Lambda Fraternity v. Washington State University: File Date: 09/17/2009 ¶ 16 Detective Patrick testified that he arrested E.S. The superior court issued an order and decision rejecting AKL's arguments and affirming the decision of WSU. Mr. Slivinski stated that he identified 12 to 15 AKL members who “have been the sore in this whole process. Join the Alpha Kappa Psi chapter at Washington State University and take the next step toward becoming the professional you were always meant to be. You said that no one in the house knew that drugs were being used and sold. RAP 18.1(a) allows attorney fees on appeal if they are authorized by applicable law. The Whitman County Superior Court upheld the decision and sanction. Property of WSU Alpha Kappa Psi, Inc. University students do not have the same rights in conduct hearings as defendants in criminal proceedings. We conclude that the Conduct Board's decision and sanction were supported by the evidence and that a preponderance of the evidence established AKL's violation. had not been expelled as of the time of the Conduct Board hearing. and another unidentified white male exit the Annex, meet my confidential informant at a small parking lot and deliver two grams of cocaine. However, it was only after B.B. Cole, 128 Wash.2d at 287-88, 906 P.2d 925. Alpha Pi Omega Sorority, Inc. Alpha Psi Lambda National, Inc. Moreover, the court's decision in Alpha Eta was based in large part on the university's violation of its own rule, which granted students an unequivocal right to cross-examine adverse witnesses. Begin typing to search, use arrow keys to navigate, use enter to select. was expelled from the fraternity in December 2007, but that N.H. and E.S. B.M. There was evidence that newer AKL members were unfamiliar with AKL's policies regarding drug and alcohol use and that the person responsible for educating new members about ALK's policies, B.B., was dealing cocaine. The Conduct Board did correctly state, however, that E.S. Dan Welter, WSU's associate dean of students, did not provide specific details about the accusations that led to the revocation of Alpha Kappa Lambda's … Based on Detective Nebe's training and experience, he believed the paper to be “crib notes.” CP at 256. N.H. testified that he “stepped down” from his AKL membership and his position as the live-in advisor after he was arrested. ¶ 14 These controlled buys resulted in B.B. AKL initially pleaded “not responsible” for the charge of furnishing alcohol to minors. later admitted to Detective Nebe that J.V., another AKL member, owed him $140 for two grams of cocaine. 's wallet, containing names and numbers. & Transp. Tapper v. Employment Sec. The Delta chapter of Alpha Kappa Lambda at the University of Kansas is the fourth official charter of the AKL national fraternity. When a member or members of a student organization violates the standards of conduct for students, the student organization or individual members may be subject to appropriate sanctions authorized by these standards. The document states: The conditions under which an organization maintains responsibility for violations of University policies and standards include (but are not limited to): • the actions constituting the violation were tacitly or overtly condoned by the organization or its officers; • the organization or its officers should have foreseen yet failed to take reasonable precautions against such actions; • a policy or practice of the organization was responsible for a violation; or. Comm'n, 98 Wash.2d 690, 695, 658 P.2d 648 (1983). City of Univ. The Conduct Board further concluded: “Certainly, their experiences as members of [AKL] have not prepared them to operate responsibly as fraternity members.” CP at 51. In determining whether an organization or its officers failed to take reasonable precautions, the University may take into account the repeated occurrence of relevant other incidents involving the organization. at 669, 860 P.2d 1024 (quoting Fertilizer Inst. You initially denied this charge, saying that there was no evidence that underage drinkers were ever provided with alcohol. ¶ 22 A mantel in the annex was painted with the number 420, which signified that it was marijuana friendly. on the front porch of the annex. ¶ 4 In order to be recognized by WSU, a fraternity must sign and comply with the terms of the fraternal organization agreement (FOA). Washington State University's Foremost Business Fraternity. Click on the link below to learn more! About the event. The file contained all of the evidence known, including the investigation reports, names and statements of witnesses, and information pertaining to codefendants. • the behavior in question was committed by, condoned by or involved organization officers or a significant number of organization members or guests. of Florida, 982 So.2d 55 (Fla.Dist.Ct.App.2008) should be applied because it is consistent with Washington's due process standards for student disciplinary proceedings. & Transp. Evidence and testimony also revealed AKL officers' involvement in, and knowledge of, the drug-related activity. The court reversed the university's sanction against the fraternity because there was no competent evidence supporting the charges against the fraternity. N.H. and B.M. WSU responds that AKL waived its right to challenge the Conduct Board's conclusion regarding the live-in advisor requirement. Google Chrome, 's arrest, which was corroborated by statements from B.M., who witnessed the altercation between E.S. 's arrest for two counts of delivery of a controlled substance, cocaine. And, just as we do not weigh credibility, we do not substitute our judgment for that of the agency. Est. Mr. Slivinski acknowledged there were about 12 or 15 AKL members who “have been the sore in this whole process.” CP at 306. ¶ 46 In sum, the confidential informant testimony here was sufficiently reliable to be admitted at the hearing. The letter states that AKL allegedly violated university policies relating to the FOA and alcohol use rules. UPDATED: Wed., April 19, 2017. ¶ 28 The Conduct Board sanctioned AKL to a five-year period of loss of recognition, followed by a two-year period of disciplinary probation. The risk manager (C.H. Beta Lambda Chapter. WSU fraternity Alpha Kappa Lambda was shut down by its national chapter Monday after they were investigated for several risk management violations. Firefox, or Copyright © 2021, Thomson Reuters. E.S. AKL's reliance on Alpha Eta is misplaced. On February 21, 2008, the Conduct Board issued its decision. ... 1926 Phi Sigma Kappa 1927 Alpha Kappa Lambda 1927 Phi Kappa Tau 1927 Tau Kappa Epsilon 1929 Pi Kappa Alpha 1933 Delta Upsilon 1935 Acacia 1943 Delta Chi 1946 Phi Kappa Theta Beta Lambda Chapter. Chapter President M.W., and National Executive Director Jeremy Slivinski represented AKL. 's roommate, J.H. and J.B. (also an AKL member) spent considerable time at the AKL chapter house and the joint and frequently attended AKL functions. 's drug dealing, and B.M. ), the live-in advisor (N.H.), and the social chair (E.S.) ¶ 18 B.M., a former AKL pledge, had been kicked out of AKL in his freshman year for selling cocaine. Property of WSU Alpha Kappa Psi, Inc. AKL, however, did not raise these issues before either the Conduct Board or the University Appeal Committee. AKL does not prevail and, consequently, is not entitled to attorney fees and costs. AKL's arguments are without merit. was arrested for intimidating a witness after an altercation outside a bar. Thus, Alpha Eta is not applicable to the present case. posing with AKL members-including AKL's vice president, C.D.-in front of the 420 mantel. (an AKL member), admitted he had purchased Ritalin and Adderall a couple weeks earlier from B.M. pulled a gun and robbed a third party. ¶ 13 Detective Bryce Nebe and Detective John Patrick from the Quad Cities Drug Task Force testified about several controlled buys of cocaine. ¶ 57 Our Supreme Court explained that this rule “is more than simply a technical rule of appellate procedure; instead, it serves an important policy purpose in protecting the integrity of administrative decisionmaking.” King County v. Wash. State Boundary Review Bd., 122 Wash.2d 648, 668, 860 P.2d 1024 (1993). Alpha Kappa Lambda was founded in 1914 at the University of California Berkeley and takes pride both in being the first West Coast born fraternity and also in producing Men of Character who strive everyday to make themselves and the world a better place. 587, 596, 13 P.3d 1076 (2000) (quoting City of Redmond v. Cent. AKL failed to meet these obligations. Alpha Kappa Lambda. was arrested, his wallet contained a “crib” card-indicating that five of your members owed him money for drug purchases they had made. CP at 50. Although some of the information presented at the hearing originated from confidential informants, this information was corroborated in numerous respects by the police detectives' personal knowledge, as reflected in their testimony and written reports, and other evidence. See U.S. W. Commc'n, Inc. v. Utils. & Transp. Council. WAC 504-26-405(1).4 Likewise, sanctions for violating the FOA include warnings, reprimands, restitution for property damage, monetary fines, probation, suspension, withdrawal of recognition, and withdrawal of freshman housing privileges. 's brother may have been involved in the robbery. ¶ 55 Live-In Advisor Rule. ¶ 62 The Conduct Board has the authority to determine appropriate sanctions in student conduct proceedings. Agency, 935 F.2d 1303, 1312-13 (D.C.Cir.1991)). During that controlled buy, Detective Patrick was in a position to see [B.B.] Moreover, B.B. 's knowledge of C.S. Nonetheless, the court in Cole held that the confidential informant information was sufficiently reliable to justify issuance of the warrant because it was corroborated by subsequent police investigation. In Fall 2014, Delta Lambda Phi, a gay, bisexual, and progressive men's organization, established a colony at WSU. RCW 34.05.570(1)(a). ¶ 23 Evidence and testimony showed that known drug dealers C.S. A search incident to arrest revealed a piece of paper in B.B. 's apartment led to the discovery of significant quantities of Ritalin and Adderall, packaging material, and a digital scale with cocaine residue on it. ¶ 53 Finally, a significant number of AKL officers, members, and guests were involved in illegal activity. Evidence will be viewed in the light most favorable to WSU as the party who prevailed in the highest administrative forum that exercised fact-finding authority. ¶ 34 Procedural and Due Process Error. ¶ 60 RCW 34.05.570(3)(i) states that a court may grant relief from an agency order if the order is “arbitrary or capricious.” A decision is arbitrary or capricious for purposes of RCW 34.05.570(3)(i) if it is a “ ‘willful and unreasoning action, taken without regard to or consideration of the facts and circumstances surrounding the action.’ ” Bowers v. Pollution Control Hearings Bd., 103 Wash.App. was selling marijuana and Adderall at the AKL house. ¶ 63 Here, the Conduct Board's decision to impose a five-year period of nonrecognition was based on substantial evidence showing numerous violations of law and WSU policy, committed by many officers, members, and guests of AKL.5 AKL's culture permitted illegal drug and alcohol use and distribution, as well as routine disregard of WSU policies. Council Status . Puget Sound Growth Mgmt. ¶ 7 Proceedings Involving AKL. Lige & Wm. WAC 504-26-403(4)(a)(x). that the AKL hearing would be combined with the hearings of five individual AKL members and affiliates, N.H. (AKL's live-in advisor, who allegedly was not living at the chapter house), E.S. ¶1 Washington State University (WSU) revoked its recognition of the Alpha Kappa Lambda Fraternity (AKL) for five years upon the Student Conduct Board's (Conduct Board) finding that there had been illegal drug and alcohol use and disregard of WSU policies by AKL members. During the interview, N.H. told the detective that B.B. B. Dickson Co. v. County of Pierce, 65 Wash.App. Finally, regarding B.M. AKL maintains that the admission of this evidence violated the Conduct Board's own rules of procedure and AKL's due process rights. A fraternity recognized by WSU has access to WSU privileges and services, including facility use, organizational and recruiting activities, advising, and training sponsored by various WSU offices. Comm'n, 83 Wash.2d 446, 448, 518 P.2d 1237 (1974). The detective stated that E.S. WSU persuasively argues that, regardless of which of these four standards is applied, and regardless of whether the confidential informant evidence was admitted, AKL was properly held accountable. After that was done, we set up controlled buys-first controlled buy actually took place in [B.B. had participated in an armed robbery for drugs at the annex. ¶ 11 During the hearing, AKL admitted responsibility for failing to have a live-in advisor. 1999 April 11th. 's testimony was not credible. One of the buys took place at the joint and another near the annex. “they didn't care what he did as long as he didn't keep large quantities in their house and he didn't sell out of the house.” CP at 185. 's arrest on November 15, 2007. ¶ 9 Also on February 5, 2008, Mr. Wuthrich sent a memorandum notifying M.W. Finally, we noted that on the mantel of one of the rooms in the “Annex” someone had painted “420” in big letters. 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