KANSAS STATE UNIVERSITY
INTERFRATERNITY COUNCIL
JUDICIAL POLICY
The Kansas State University Interfraternity Council (hereinafter referred to as the IFC) derives its
authority from the President of Kansas State University, as stated in the Agreement dated March 19, 2004
and amended May 8, 2008. In the case that specific powers or procedures are not explicitly stated or
designated in this Judicial Policy, the Kansas State University Judicial Policy is the guideline for those
specific powers or procedures.
Section 1. Purpose.
The IFC hereby establishes the following Judicial Policy for its member chapters in order to:
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Aid in promoting a positive, healthy and safe experience for all Greek members.
Provide a timely and equitable resolution of complaints
Hold all members accountable for their decisions and actions
Affirm commitment to responsible and innovative self-government
Ensure fraternal relevance by upholding the IFC and Greek Affairs Mission statements, high
standards, and fraternal values of our member chapters.
Challenge chapters to grow and create sustainable cultural change within the chapter by
developing and achieving specific growth outcomes.
Section 2. Interpretation.
A. Should any part of this policy come into question, the IFC Director of Judicial Affairs and IFC President
shall be responsible for its interpretation and correct implementation.
Section 3. General Definitions.
A. An “Appellant” is the person(s) or body/bodies who file an appeal of a decision made by the IFC Judicial
Board.
B. A “Complainant” is the individual(s) who files a written complaint with the Office of Greek Affairs. When
notification is required, it shall be sent to the individual(s) who filed the complaint.
C. A “Confidential Complainant” is a complainant who wishes to keep his or her identity unknown to the
respondent.
D. The “IFC Appellate Board” is the boards that will have deciding power over Appeal Hearings.
1. It shall consist of the IFC Council of Presidents. A chairman of the IFC Appellate Board will be
appointed by the IFC President. When possible, this person should be a past IFC officer, past
chapter president or a fraternity member serving as Student Government President, Vice President
or a member of the Executive Cabinet.
2. A staff person representing Greek Affairs shall be present to advise the IFC Appellate Board
regarding the judicial process in an “ex officio” capacity.
3. A staff person representing Greek Affairs shall be assigned to advise the appellant.
E. The “IFC Judicial Board” is the board that will have deciding power over Judicial Hearings.
1. It consists of the following members:
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M.
a. The IFC Board of Directors with the exception of the IFC Director of Judicial Affairs. The IFC
President will serve as the Chairperson of the Judicial Board and shall retain all rights to
question during the proceedings.
b. Four other alumni members that shall have a two year term on the IFC Judicial Board
1. Two will be paid workers of Kansas State University and will be appointed by the Dean of
Student Life.
2. Two shall be Kansas State University Greek alumni that will be appointed by the Alumni
Interfraternity Council of Kansas State University.
3. Both the Dean of Student Life and the Alumni Fraternity Council of Kansas State
University will also appoint reserve appointees as necessary for the purpose of filling in
should a regular appointee be unable to attend a Judicial Hearing.
c. Each member of the IFC Judicial Board shall have one vote. The IFC Judicial Board
chairperson shall only vote to break a tie.
d. If one of the members of the IFC Judicial Board is an alumnus or a member of the respondent
chapter, they shall be removed from the IFC Judicial Board for the duration of the hearing due
to conflict of interest.
e. In the case that the IFC Director of Judicial Affairs cannot participate in the judicial process
due to a conflict of interest, the IFC President shall take the place of the Director of Judicial
Affairs and the Vice President or next highest ranking officer will take the role of Judicial Board
Chair.
f. A judicial hearing requires a quorum of 2 alumni and 5 members of the IFC Board of Directors
are present. Quorum must be met to proceed with a Judicial Hearing. However, a hearing
may proceed with less than 2 alumni members only if an alumni member commits to attend
but does not show up for the hearing.
g. A staff person representing Greek Affairs shall be present to advise the IFC Judicial Board and
serve as an “ex officio” member of the Judicial Board.
h. A staff person representing Greek Affairs shall be assigned to advise the respondent on the
judicial process. Chapters must contact Greek Affairs and request this staff person’s services
at least 1 week prior to the judicial hearing.
“Intramural Suspension” means the chapter may not participate under its name in individual or team
sports. The chapter may not participate in the Greek intramural leagues, team intramural points, or
receive any championship titles during this time.
A “Judicial Hearing” is a formal hearing process of a complaint and is governed by the IFC Judicial
Board.
“Mediation” is third-party intervention in a conflict for the purpose of resolving the conflict. Participation
by the parties in mediation is voluntary, informal, and confidential. It must occur in a cooperative
environment.
A “Preponderance of Evidence” is evidence which is of greater weight or more convincing than the
evidence which is offered in opposition to it.
A “Respondent” is defined as the chapter(s) against whom the written complaint has been made. When
notification is required, it shall be sent to the chapter president and chapter advisor.
“Social Suspension” means the chapter may not sponsor or co-sponsor social events that involve
alcohol with any IFC recognized Greek organization
“Deferred Suspension” means that chapters found responsible for any violation while on deferred
suspension will have their IFC recognition withdrawn immediately.
Withdrawal of recognition as an IFC member” means the chapter may not reserve or use University
space or facilities or participate in University activities or activities sponsored by other University
groups. The chapter may not charge items through any University department. The chapter may not
use the University name and will have no rights or privileges through the IFC. The chapter will not be
recognized as a fraternal organization and potential members will be notified of the chapter’s loss of
recognition.
Section 4. IFC Director of Judicial Affairs.
A. The responsibilities of the IFC Director of Judicial Affairs include the following:
1. Receive any form of communication from a complainant, representative of a complainant, or witness to
an alleged violation.
2. Perform any background verification of complainant/other party to ensure validity of claim, including
actions such as verification complainant is/was in the fraternity or in such a position to be victimized by
the fraternity. Another example is other information gathering means to ensure validity of a
representative or witness such as newspapers, databases, membership lists, etc.
3. Act on behalf of the complainant and/or serve as advisor to the complainant in formal hearings and may
also serve as counsel or expert during the hearing.
4. Assume all duties of a confidential complainant in the case of a hearing.
B. An investigation by the IFC Director of Judicial Affairs includes, but is not limited to, the following:
1. Any form of communication between the IFC Director of Judicial Affairs with any member or new
member of a fraternity.
2. Any form of communication between the IFC Director of Judicial Affairs and any chapter advisors,
chapter representatives, or national/international fraternity.
3. Any form of communication between potential complainants and the IFC Director of Judicial Affairs.
Section 5. Filing a Complaint.
A. A complaint against a member chapter must be recorded as an IFC Judicial Policy Incident Report and filed
with the Greek Affairs Office. A complainant may be anyone who has an issue to be resolved with a
member chapter of the IFC.
1. The complainant(s) may remain confidential. The identity of the complainant(s) will be known only to
the appropriate staff member for Greek Affairs and the IFC Director of Judicial Affairs. Complainant(s)
will be available to be questioned by both the respondent and the IFC Judicial Board using current
technology to mask complainant identity.
B. The IFC Director of Judicial Affairs will notify the President of the respondent chapter of the received
complaint.
C. The IFC Director of Judicial Affairs will contact the complainant and advise them throughout the resolution
process. At any point in the resolution process, the IFC Director of Judicial Affairs may do the following:
1. Act on behalf of the complainant.
2. Serve as advisor to the complainant in formal hearings.
3. Serve as a council or expert during the hearing if so requested by the IFC Judicial Board.
Section 6. Resolution of Complaint.
Discussion between the IFC President and IFC Director of Judicial Affairs, in consultation with the appropriate Greek
Affairs staff person, will determine which judicial process will be used based on the severity of the violation and the
degree to which the chapter is willing to cooperate and work through the judicial process a positive resolution.
A. MEDIATION
1. This option may be used for less serious complaints that do not warrant a hearing or administrative
review. The criteria for mediation are:
a. The alleged infraction must be minor or easily solved.
b. The outcome must be agreed upon by both parties. If at any point either party does not
wish to continue the mediation, the administrative review or hearing processes will be
used.
2. During the mediation, the complainant and respondent are limited to 2 representatives. In the case of
member chapters, they shall be represented by the president or his designee and the advisor to the
chapter. The staff person representing Greek Affairs will facilitate the mediation unless the
complainant, respondent, and IFC agree to use an alternate facilitator. The IFC Director of Judicial
Affairs will sit in on the mediation both to provide advice and to be aware of the situation should other
methods of resolving the complaint be sought.
3. This process will be informal and shall be resolved in as timely a manner as possible.
4. Parties may not appeal resolutions reached through mediation.
B. ADMINISTRATIVE REVIEW
1. The Administrative Review process can be used to resolve any chapter violation of Interfraternity
Council or Greek Affairs policies. The administrative review board’s sanctions should be
commensurate with the violation, but sanctions are not limited in scope.
2. A written “Notice of Administrative Review” shall be issued to the chapter president when it is
determined this will be the resolution of choice. All parties involved will then set a date and time to
meet.
a. The administrative review process should be used to resolve chapter violations in a timely
fashion at the end of a semester or if quorum cannot be met by the IFC Judicial Board.
b. If the respondent does not attend the administrative review hearing the IFC Director of
Judicial Affairs may:
1. Reschedule meeting time.
2. Offer the chapter a decision on the issue(s) based on available information.
3. Impose a fine for missing the Administrative Review.
4. Refer the matter to the Judicial Board for a formal hearing.
3. The Administrative Review process calls for a meeting between the respondent chapter president,
respondent chapter advisor, IFC President, IFC Director of Judicial Affairs, the designated staff person
representing Greek Affairs and an alumni judicial board member.
4. During the Administrative Review, both sides will discuss chapter violations, present evidence, and
discuss sanctions and outcomes which the respondents feel will help the chapter create sustainable
cultural change.
5. During the administrative review an electronic recording or written record shall be kept by the IFC
Director of Judicial Affairs. This record is the property of the IFC and may be reviewed by the
complainant or respondent upon request. This record shall become the official record for any
subsequent appeals.
6. The staff representative for Greek Affairs, IFC President, IFC Director of Judicial Affairs and the alumni
judicial board member will meet in a closed session to determine (by a preponderance of evidence) if a
violation has occurred and, if warranted, determine the appropriate sanctions. Once a decision is
reached, both parties will be contacted within 24 hours and given the results of the Administrative
Review.
a. Appeals must be filed with Greek Affairs by 5:00 pm within 2 days (excluding weekends,
University Holidays, and Intercession dates) following the day the respondent was been
notified in writing of said decision.
b. The IFC Director of Judicial Affairs shall be responsible for all required follow-up
confirmations of compliance to any accepted sanctions.
c. The IFC Director of Judicial Affairs will report all findings to the IFC Board of Directors and
the designated staff person representing Greek Affairs.
C. JUDICIAL HEARING
1. Notice shall be given to the chapter president and chapter advisors (hereafter referred to as
respondents) in writing of the time and place of the hearings on charges against them no less than 10
days (excluding weekends, University Holidays, and Intercession dates) prior to the hearing before the
IFC Judicial Board. Signed confirmation is required from the respondents upon receiving the written
notice.
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a. The notice shall include the following:
1. A description of the alleged misconduct with which the chapter is charged.
2. Possible penalties which may be implemented if the chapter is found responsible
3. A complete copy of the IFC Judicial Policy.
4. Statement that a representative(s) of the chapter will be provided with copies of
written evidence to be presented at the hearing and given access to exhibits or
other unique materials unable to be duplicated beginning no later than 3 days
(excluding weekends, University Holidays, and Intercession dates) in advance of
the hearing. This shall include a list of witnesses who may testify at the hearing.
The complainant and their advisors shall be allowed the same access to all
respondent evidence, exhibits and witness lists.
The hearing shall be closed to the public unless consent for a public hearing is granted by all parties.
If any party so desires, they may secure an advisor and/or legal counsel to advise them at the hearings.
The advisor/legal counsel shall not be permitted to speak during the judicial hearing. The IFC Director
of Judicial Affairs will serve as an advisor to the complainant in addition to any other individuals
requested. An Associate Director of Greek Affairs will serve as an advisor to the respondent in addition
to any other individuals requested.
The complainant and respondent must notify the IFC Director of Judicial Affairs in writing no later than
72 hours prior to the hearing of the intent to have an attorney present.
Each party shall be limited to no more than seven representatives present at the hearing.
Formal rules of evidence shall not apply. Any evidence relevant to a fair determination of the charges
may be admitted. Admittance of evidence is at the sole discretion of the IFC Judicial Board
chairperson. The Judicial Board will decide responsibility to alleged charges based on a
preponderance of evidence. The decision must rest solely on the IFC policies and the evidence
presented at the hearing.
During the hearing an electronic recording or written record shall be kept by the IFC Director of
Community and Internal Relations. This record is the property of the IFC and may be reviewed by the
complainant or respondent upon request. This record shall become the official record for any
subsequent appeals.
If the discovery of new or additional violations occurs during a judicial hearing, these violations shall be
dealt with at a later time and in a separate resolution process requiring notice.
IFC Judicial Board HEARING PROCEDURES are as follows:
a. Introduction of all members of the Judicial Board, the complainant and the respondent,
with the respondent and complainant naming a chairperson to be initially addressed
throughout the proceedings. If at any point an additional member of the respondent
delegation is able to provide pertinent information, the respondent chairman can defer to
that member. The chairperson must be an undergraduate member.
b. Statement of the charges against the respondent shall be read by the chairperson of the
IFC Judicial Board.
c. Entrance of the respondent’s plea (responsible or not responsible).
d. Presentation of all relevant witnesses and evidence for each allegation by the complainant
or by the IFC Director of Judicial Affairs.
e. As each complainant witness or piece of evidence is presented, the respondent may ask
questions relevant to that information. The IFC Judicial Board may then ask questions
after that.
f. Presentation of all relevant witnesses and evidence for each allegation by the respondent.
g. As each witness or piece of evidence is presented, the complainant may ask questions
relevant to that information. The IFC Judicial Board may then ask questions after that.
h. Final questions may be asked by the IFC Judicial Board concerning any evidence
presented during the hearing.
i. Concluding statements by complainant followed by the respondent chairman. During this,
both parties can refer to all evidence submitted and provide their opinions on that
evidence.
j. Statement by the IFC Judicial Board chairperson of the procedure for notification as to the
decision of the body and the procedure for appeals.
k. Closed session of the IFC Judicial Board in order to reach a decision regarding the
responsibility of the respondent regarding the charges.
l. If the respondent is found responsible of any violation(s), the IFC Judicial Board will
determine the sanction(s) to be applied and notify both the respondent and the
complainant in writing within 24 hours of the decision.
m. Formal minutes shall not be kept during the closed private session, but private minutes will
be recorded by the designated secretary concerning the vote totals of responsibility on
each charge. The IFC Judicial Board will keep these totals confidential. This information
is not available to the complainant or respondent.
10. The IFC Director of Judicial Affairs shall be responsible for ensuring compliance to any sanction(s)
given to the chapter by the IFC Judicial Board and for the production of the proper documentation that
proves compliance and completion of sanctions.
11. In all cases of violations, the operations of the chapter will be reviewed by the IFC Judicial Board in
cooperation with the national/international headquarters of the chapter. A specific statement of
expectations and guidelines will be developed for the chapter to follow.
12. A chapter which repeatedly violates policy or violates any probation/sanctions enacted as a result of
judicial hearings will be subject to further, more severe, action by the IFC Judicial Board.
Section 7. Sanctions
Violations of this Policy shall be determined by the Interfraternity Council. Sanctions may include fines, educational
programs, probation, social suspension, intramural suspension or withdraw of the chapter’s recognition.
A. Level 1 Violations will result in a $50 fine for each violation. Level 1 violations include failure to uphold policy
items such as:
1. Late registration
2. Inaccurate registration form/information
3. K-State IFC/PHC Third party vendor contract
4. Proper signage
B. Level 2 Violations may result in a $100.00 - $150.00 fine for each violation. Level 2 violations include failure
to uphold policy items such as:
1. Designated Party Area
2. Alternative food and beverage
3. Sober monitors
4. Door monitors – id’s & wristbands
5. Inappropriate event theme
6. Guest lists exceeds maximum limit
7. Failure to attend required educational opportunities
C. Level 3 Violations may result in a $150.00 - $500.00 fine for each violation. Level 3 violations include failure
to uphold policy items such as:
1. Violations of Local, State and Federal Laws – Misdemeanor
2. Alcohol possession/consumption applicable to local, state, and federal laws
3. Events with alcohol that are not BYOB or third party vendor
4. Co-sponsoring events w/ PHC organizations
5. Common sources of alcohol – monitoring the distribution of acceptable alcoholic beverages
6. Alcohol involved in All-University Homecoming activity
7. Alcohol at philanthropy events
8. Chapter charging members or guests
D. Level 4 Violations may result in a $500.00 - $1000.00 fine for each violation. Level 4 violations include
failure to uphold policy items such as:
1. Unregistered Event (open parties)
2. Purchase of Alcohol with Chapter funds
3. Acceptable alcoholic beverages - quantity
4. Hazing
5. Sexual Assault
6. Fire Codes
7. Violations of Local, State and Federal Laws – Felony
8. Alcohol involved in new member events
9. Alcohol involved in recruitment events
10. Illegal/controlled substances according to local, state, and federal laws
11. Safe transportation for members and guests
12. Mistreatment of or not allowing access to SRC Members
E. Fines will double for violations on second occurrence.
F. All fines collected shall be credited to the Greek Affairs general fund for educational programming.
G. Past violations of the group(s) involved will not be considered relevant, unless the current hearing involves
violations of previous sanctions or probations. Relevant past violations will only be considered during the
sanctioning phase of the hearing.
H. Sanctions will become effective immediately, regardless of whether or not an appeal is filed. Sanctions
should be commensurate with the violation, and sanctions should be intentionally created to address
specific chapter issues and the achievement of values based growth outcomes. Sanctions may include but
are not limited to the following:
1. Withdraw recognition as a member chapter of the IFC.
2. Place the chapter on deferred suspension.
3. Require chapter to execute a membership review.
4. Place the chapter on social suspension (shall not limit legitimate recruitment events or alcohol free
events)
5. Require a set number of community service hours carried out by the chapter or any number of selected
members.
6. Place the chapter on probationary status.
7. Place the chapter on intramural suspension.
8. Require that the chapter conduct or sponsor educational programs.
9. Consider judicial models such as restorative justice models.
10. Require the chapter to create intentional chapter and membership plans designed to change behavior.
11. Assess fines.
12. Enact any other fine or sanction deemed appropriate by the IFC.
Section 8. APPEAL PROCESS
A. The actions taken by the IFC Judicial Board may be appealed by either the complainant or respondent to
the IFC Appellate Board, then to the Dean of Student Life, and finally to the President of Kansas State
University.
B. In cases which are being appealed, a written statement will be submitted to the chairperson of the IFC
Appellate Board by the appellant. The statement shall include:
1. The name of the person or body making the appeal.
2. Body whose decision is being appealed.
3. Date on which the decision of that body was given.
4. Grounds on which the case is being appealed.
C. Written appeals must be filed with Greek Affairs by 5:00 pm within 2 days (excluding weekends, University
Holidays, and Intercession dates) following the day the respondent has been notified in writing of said
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decision. A maximum of 3 additional days may be granted at the discretion of the chairperson of the IFC
Appellate Board under very extreme circumstances. A written request for extension must be submitted to
the chairperson by the appellant.
The appeal hearing shall be scheduled within 5 to 10 days (excluding weekends, University Holidays, and
Intercession dates) of the receipt of the written appeal, and the hearing should occur at a mutually agreed
upon time or immediately following the next scheduled IFC Council of Presidents meeting.
The IFC Appellate Board shall be provided access to the written and/or record of all evidence, testimony,
and findings no less than 3 days (excluding weekends, University Holidays, and Intercession dates) prior to
the appeal hearing. This information will be available for review in Greek Affairs.
The appellant and the original IFC Judicial Board shall be limited to a total of 7 representatives.
All IFC Appellate Board hearings are closed to the public except to official participants as described in the
policy.
The procedures for the appeal hearing shall be as follows:
1. Roll call of the IFC Appellate Board. Quorum shall be required to proceed. Quorum is three-fourths of
the total IFC member chapters.
2. Reading of the charges and findings from the initial hearing by the IFC Appellate Board.
3. Reading of statement of the grounds for appeal by the IFC Appellate Board.
4. Presentation of evidence by appellant as well as supporting documentation as necessary. The
evidence presented by the appellant shall be limited to that which directly supports the stated ground
for the appeal. No new evidence and no witnesses will be allowed. The IFC Appellate Board will not
re-hear evidence presented at the original hearing.
5. Questioning of the appellant by the IFC Appellate Board.
6. Presentation of evidence by the chairperson of the IFC Judicial Board which directly relates to grounds
of the appeal. No new evidence and no witnesses will be allowed. The IFC Appellate Board will not rehear evidence presented at the original hearing.
7. Questioning of the IFC Judicial Board by the IFC Appellate Board.
8. Concluding remarks by the appellant.
9. Concluding remarks by the chairperson of the IFC Judicial Board.
10. Statement by the chairperson of the IFC Appellate Board regarding the procedure for notification of the
IFC Appellate Board’s decision.
Written notification shall be given to the appellant and the chairperson of the IFC Judicial Board within 24
hours of the IFC Appellate Board’s decision. The notification shall include a rationale for the decision and
instructions on how to appeal the decision.
The IFC Appellate Board shall deliberate in closed session. The IFC Appellate Board may choose to
uphold, decrease, or increase the initial sanctions. Only if an error occurred in the process itself should the
initial decision be overturned. A majority vote by secret ballot shall determine the outcome.
Subsequent appeals may be made to the Dean of Student Life and the President of Kansas State
University. These will consist of a review of the written record only. No hearing will be held. Written
appeals must be filed by 5:00 p.m. within 2 days (excluding weekends, University Holidays, and Intercession
dates) following the day the respondent has been notified in writing of said decision. The Dean of Student
Life and the President of Kansas State University shall have up to 10 days (excluding weekends, University
Holidays, and Intercession dates) to make a decision.
Section 9. Review of Policy
A. This policy shall be reviewed on an annual basis, or as need be by a task force consisting of the IFC
President, Director of Judicial Affairs, staff person representing Greek Affairs, an alumni member of the IFC
Judicial Board and 3 at large fraternity members.
Last Reviewed: 05.04.2010