In an unprecedented move, the University administration is pressing charges against the president of a Tufts fraternity for "furnishing alcohol to persons under 21" after a party that was broken up by the Tufts University Police Department (TUPD) two weeks ago. The case, which will be heard in Somerville District Court next month, comes amid mounting tension between students and administrators over Tufts' ailing social scene.
The charges were filed in response to an incident that occurred at Sigma Phi Epsilon (Sig Ep) on Sept. 23, when a female Boston University student was found intoxicated and semi-conscious on Sawyer Ave. After the student's friends told police that they had come from a party at the fraternity, TUPD officers entered the house to break up the party, and found "evidence of underage drinking," according to TUPD Captain Mark Keith. At least one other fraternity on campus is also being investigated for a similar offense.
While frat party break-ups have long been common occurrences on campus, fraternity presidents have never before been held individually, let alone legally, responsible for the actions of their houses. According to Keith, this instance was unique because the students at the party made no attempt to hide illegal activity.
"When I walked into the house, I walked up to the bar and there were two females being served alcohol right in front of me," he said. "The bartender did not make any attempt to determine if they were of age to drink alcohol."
The president of Sig Ep, who resigned last weekend, is being charged with the misdemeanor crime of "furnishing alcohol to persons under 21," and faces a maximum penalty of a $2,000 fine and six months in jail. While it is unlikely that the prosecutor will seek the maximum penalty, the defendant said that the implications of the charges reach far beyond his specific case.
"Effectively, they will destroy the leadership structure of every fraternity on campus," the ex-president said. "When all the fraternities realize that the administration can do this, they will dissolve."
The incident highlights what many students see as unreasonable and excessive enforcement of both Tufts and Massachusetts law. A protest will be held tonight on the President's Lawn at 11 p.m. in response to last week's unsuccessful 'social life' forum between students and Tufts officials.
The charges were filed by TUPD Detective Lieutenant Charles Lonero at the request of the Department of Public Safety, according to sources close to the situation. Director John King declined to comment yesterday.
The charges are being filed by the University despite the fact that that the ex-president was not directly involved in the offense, and despite the fact that his repeated attempts to call an ambulance or a taxi for the student were refused by both her and her friends. According to students who were on the scene, she was afraid to risk returning to her own campus and facing disciplinary consequences there.
Sig Ep's new president, junior William Lane, said that the liability concerns brought about by the case will significantly decrease the number of frat parties held on campus. "It means that the fraternities are going to stop offering a place to go, except to brothers and close friends," he said.
The liability issue is especially pertinent in the wake of Massachusetts Institute of Technology (MIT)'s recent admission of responsibility in the alcohol-related death of a fraternity pledge on that campus three years ago. The school agreed to pay $6 million to the student's family, and the settlement has caused other universities to re-evaluate liability concerns on their campuses.
"They're not going to stop here. They got me," said the ex-president. "Every house that has a party is eventually going to get caught. They've started a trend, and they can't stop now."
Dean of Students Bruce Reitman said that the charges and other perceived crackdowns on parties at Tufts are occurring because the University cannot legally condone obvious underage drinking on campus. However, he recognizes that students need a social outlet and has been meeting with the Inter-Greek Council to discuss remedies to revive social life.
"It is not our goal to prevent all drinking. If you start off with the acceptance of the basic tenet that no one can condone illegal drinking, then the question becomes how do you manage legal drinking," Reitman said.
Reitman said that the University will likely start suggesting that houses employ TUPD officers to monitor parties. While students under 21 would still be allowed into fraternities, only those over 21 would be issued bracelets and would have to show them to bartenders in order to receive drinks. Although a police detail can be costly, Reitman is looking into ways to mitigate the costs.
"It puts the University into the loop of responsibility," he said. "It means that there will be a feedback between the host and the officer that corrects small things as they happen."
Fraternity leaders feel that the expectation that they can control what is going on in their house is unreasonable. "When it comes down to something as common as underage drinking, it's impossible to enforce," the former Sig Ep president said. "Hundreds of people come into our house every week. I can't control what everyone does. I'm not a police officer, I'm not a licensed bartender. I'm just a guy in charge of a house."
In Massachusetts, "Dram Shop" laws make bartenders responsible for those they serve drinks to, even if that person consumes some alcohol in another location. "The minute you serve someone a drink, you become responsible. The law says whoever gives you your last drink is who's responsible," Reitman explained.
