Penn State Fraternities charged in teen death

[AOII Angel]

http://www.wpxi.com/news/21473955/detail.html

To any of our lawyers out there...how do you "charge" a fraternity chapter with an offense? You can't put the charter in jail can you? I know it's not a laughing matter, but I'm wondering what the point is here. I understand the university charging the chapter but the police?

[FSUZeta]

how has the sister of the deceased managed to not be charged with anything so far? when this was first reported, i couldn't help but think that if when the brother and his friends were visiting her at her apartment, the sister had stepped in and told her younger brother that he had had enough, that he needed to sleep it off at her apartment,(or taken him to the hospital for a stomach pumping) then this tragedy might have been averted.

[33girl]

Ya gotta understand this is WPXI - aka the only network to actually AIR R. Budd Dwyer putting the gun in his mouth and then some. They aren't exactly a bastion of journalistic integrity. So I wouldn't take as gospel anything they reported or the details.

[Gusteau]

If a Delta Chi chapter is charged the "A" (President) and "F" (Risk Managment Officer) are held legally liable for the actions of the chapter. So the whole chapter would not go to jail but the "A" and "F" could along with any members determined to be directly involved.

[srmom]

The charges against the fraternities are misdemeanors for surving alchohol, maybe it's just a fine for the organization?

[Psi U MC Vito]

Originally Posted by Gusteau

If a Delta Chi chapter is charged the "A" (President) and "F" (Risk Managment Officer) are held legally liable for the actions of the chapter. So the whole chapter would not go to jail but the "A" and "F" could along with any members determined to be directly involved.

Yeah I was thinking the same since the President represents the chapter, same as a CEO of a company.

[Kevin]

An organization can be charged with a crime, especially where fines are the punishment. It's also a big help to the wrongful death case which will be filed by the decedent's estate when it comes time to figure out civil liability.

Also, not *just* the President can be charged. Officers, members, anyone who has control or should have had control over a situation (have to be able to prove some level of culpability) can be charged. Whether charges will result in convictions is another story though.

[Gusteau]

Originally Posted by Kevin

Also, not *just* the President can be charged. Officers, members, anyone who has control or should have had control over a situation (have to be able to prove some level of culpability) can be charged. Whether charges will result in convictions is another story though.

I didn't meant to imply that it all fell on the president, so I hope it didn't come off like that. But in my fraternity the "A" and "F" are explicitly liable for anything that happens in addition to other members found guilty for the reasons you've stated.

[Kevin]

If you're talking about criminal and civil liability, your organization's policy as to liability isn't going to bind anyone.

[AGDee]

Originally Posted by FSUZeta

how has the sister of the deceased managed to not be charged with anything so far? when this was first reported, i couldn't help but think that if when the brother and his friends were visiting her at her apartment, the sister had stepped in and told her younger brother that he had had enough, that he needed to sleep it off at her apartment,(or taken him to the hospital for a stomach pumping) then this tragedy might have been averted.

Perhaps he hadn't had that much at that point? They had some vodka in his room, then went to ATO for an hour, then they stopped by her apartment. It doesn't say how long they were there, whether she was there at the time, etc. Then they went to PGD and it says he left there at 330 am. That makes it sound like he was at Phi Gamma Delta for a really long time.