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Executive Order One Executive Order Two Executive Order Three NPHC Statement NC Hazing Statute
Executive Order One Executive Order Two Executive Order Three NPHC Statement NC Hazing Statute
Executive Order One
WHEREAS, Kappa Alpha Psi Fraternity, Inc. was founded January 5, 1911, at Indiana University, Bloomington, Indiana and its opposition to hazing or unlawful or anti-social conduct of any kind has been continuous since its founding, implicit in its founding precepts and explicit in its declaration first published in the year 1949 stating that hazing in any form is illegal; and
WHEREAS, Dr. Ullysses McBride, as Grand Polemarch, is empowered by Article XI, Section I of the Constitution of Kappa Alpha Psi Fraternity, Inc., with the authority to "interpret and enforce" its provisions
THEREFORE, pursuant to the enforcement powers vested in the Grand Polemarch, in addition to the pronouncement on hazing, he does hereby declare the following specific acts to constitute hazing and declares that no person may request, require, suggest or invite any pledge, member, prospective member, guest, invitee, licensee or any other person whatsoever to perform or be the victim of any or the following prohibited acts: Meet without the chapter advisor or his designee; drink alcoholic beverages or any other liquid; require consumption of food; inflict physical or emotional abuse; require any period of calisthenics; require butler and/or amid services from pledges; inflict personal humiliation; abuse pledge's personal possessions; require painted faces, shaved heads, or the shaving of mustaches; require the carrying of bricks or other things; enforce silence leave pledges stranded or in an unknown place without transportation; forge any documents; require the wearing of any inappropriate, outlandish thing or depart from normal dress; sequester pledges from telephones, family, friends or the larger community; require pledges to sleep in same room; deviate from the initiation ritual in any way; interfere with the college's program or the student's studies; request that a pledge consent to do so or be subjected to any prohibited act or any act likely to be considered lewd, or contrary to the rules and regulations of either the college/university, the Fraternity or to any governing law.
THEREFORE, BE IT FURTHER RESOLVED that invitations or requests to perform prohibited acts should NOT be respected as lawful commands but rejected as unlawful, unsanctioned requests. Act, which would constitute assault and battery if they occurred in the larger society, remain assaults and batteries in the context of a pledge period or fraternity life. The pledge period and fraternity life cannot and does not confer legitimacy on unlawful acts, which shall be reported to the appropriate authorities by victims.
THEREFORE, BE IT RESOLVED that should any person witness or have knowledge of a member of Kappa Alpha Psi Fraternity, Inc. hazing another person or engaging in a prohibited act, or see any pledge performing such act they should call and report it to (215) 228-7184. Violation of this proclamation shall receive punishment consistent with the pronouncement and other applicable rules.
BE IT FURTHER RESOLVED that copies of this resolution shall be posted to all chapters, advisors, deans of students, and shall appear on the back or as attachment to every application for membership and be presented to each potential member or pledge.
DONE AND ORDERED THIS FIRST DAY OF SEPTEMBER 1988.
[Signed] Dr. Ullysses McBride
[Signed] Cleophus Thomas, Jr.
Grand Polemarch McBride's Executive Order Number One
To Be Posted And Read At All Chapter Assemblies
Grand Polemarch
Kappa Alpha Psi Fraternity, Inc.
2322-24 North Broad Street Philadelphia, PA 19132
General Counsel
Executive Order Two
WHEREAS, Kappa Alpha Psi Fraternity, Inc. has outlawed pledging and dispensed with the customary practice of having pledges or a protracted probationary period prior to one's initiation into full membership into the fraternity; and
WHEREAS, Kappa Alpha Psi Fraternity, Inc. has developed an admissions process known as membership intake which establishes an orderly and rational process of applicant solicitation, screening, and initiation; and
WHEREAS, the membership intake process is calculated to attract and retain members of high academic, moral, social, civic, ethical and religious standards; and
WHEREAS, Kappa Alpha Psi Fraternity, Inc. seeks to remove any and all opportunities for pledging, hazing, antisocial and unlawful activity and seeks to promote in every phase of fraternity life only safe and wholesome activities which are consistent with the Code of Conduct of the colleges, universities and jurisdictions where our chapter are chartered; and
WHEREAS, the effective enforcement of membership intake policies and the anti-hazing edict requires that the college, university, and community officials join the fraternity in informing all members of the community that hazing, horseplay, physical stunts, antisocial, or unlawful activity of any kind is not and cannot be a precondition of membership in Kappa Alpha Psi Fraternity, Inc.; and
WHEREAS, it is the goal of the Fraternity to see that all individuals committing acts of hazing are punished consistent with due process and the concept of proportionality to the full extent of the rules of the fraternity, college and the criminal law; and
WHEREAS, Kappa seeks to put the community on notice of persons who have violated Fraternity rules and no longer enjoy the privilege of fraternity membership and the rights of association incidental to membership; and
WHEREAS, the Fraternity does not countenance either acts of physical aggression by members or the willing submission to the same by prospective members; and
WHEREAS, prospective members and other members of the public are themselves uniquely situated to reject, report and decline to participate in any pledging or hazing activity.
THEREFORE, BE IT RESOLVED:
2. That each college, university or jurisdiction is hereby requested to advise its students and parents audio visually, verbally and in writing, at orientation sessions in student handbooks and university manuals and in whatever bulletins or communications vehicles are at hand, that no student is required to be hazed or to perform any unlawful, harmful, antisocial or risky act as a precondition to obtaining or maintaining membership in Kappa Alpha Psi Fraternity, Inc.
3. That at no point either before, during and after membership intake can requests be made to an aspiring or new member to perform unlawful or antisocial acts. Moreover, no person shall consent to any such act and such consent shall be deemed an impermissible participation in such acts, which is subject to punishment.
4. The public is advised that no person inviting, asking, requesting, instructing or demanding any other person to engage in such conduct is acting on behalf of or with the authority of the Fraternity. Such invitations and requests should be declined and persons should exercise their right to report these actions to college or university officials, the Fraternity's International Headquarters or, where appropriate, law enforcement officials. The Fraternity's anti-hazing ban is a fundamental precept not to be waived or dishonored by any individual or group of individuals.
5. All chapters and provinces shall, at least annually, advise the colleges, universities and chief student affairs administrator (be he or she Dean of Students, Vice President for Student Affairs, or other officer) of the persons in the province who, due to misbehavior, have been suspended or expelled from Kappa Alpha Psi Fraternity, Inc. and no longer enjoy the rights and privileges of membership.
6. All persons having standing or the legal right to do so are encouraged to report all confirmed incidents of hazing to the appropriate officials and are further encouraged to cooperate with those officials in the investigation and prosecution of such offenses.
7. It shall be grounds for expulsion from the Fraternity if, while seeking membership, one participates in, submits to, conspires or cooperates with others who conduct hazing or unlawful activity or participates in underground pledging.
Individuals may contact the International Headquarters of Kappa Alpha Psi Fraternity, Inc. by writing: 2322-24 North Broad Street, Philadelphia, PA 19132; or calling 215.228.7184.
This being for the good of Kappa Alpha Psi Fraternity, Inc. and for the public good, accordingly, it is Done and Ordered this 12th day of October 1993.
[Signed] Robert L. Harris, ESQ.
ATTEST:
[Signed] Cleophus Thomas, Jr.
Grand Polemarch's Executive Order Number Two
1. That Grand Polemarch's Executive Orders Numbers 1 and 2, in compendium form, be sent to each college or university where there is a chartered chapter or extension chapter of Kappa Alpha Psi Fraternity, Inc. One copy shall be posted to each of the following individuals: the institution's president, chief student affairs officer, Dean of Students and student government or student body president.
Grand Polemarch
[Signed] Samuel C. Hamilton
Grand Keeper of Records and Exchequer
General Counsel
Executive Order Three
WHEREAS, Kappa Alpha Psi Fraternity, Inc. has not only outlawed pledging, but bans from its membership those who submit to such a vile process; and
WHEREAS, the Kappa Alpha Psi membership intake process is the sole method for obtaining membership in the Fraternity and said process is designed specifically to attract and retain members of high academic, moral, social, civic, ethical and religious standards; and
WHEREAS, some wayward members of Kappa Alpha Psi, who do not subscribe to our motto of achievement, have elected, in open defiance of the rules and regulations of the Fraternity, to conduct underground pledging and engage in acts of hazing in clear violation of Fraternity rules and criminal statutes of the various states; and
WHEREAS, such members' criminal behavior is repugnant to all for which Kappa Alpha Psi stands; and such members are renegades not wanted and clearly deserve, because of their behavior, to forfeit their membership in Kappa Alpha Psi Fraternity, Inc.; and
WHEREAS, it is the specific intent of the Executive Order to serve notice to parents, students, colleges, universities, law enforcement officials and the world that Kappa Alpha Psi Fraternity, Inc., forbids pledging and/or hazing and urges the public to report any such suspected activity to the Fraternity, the student affairs division to the college or university and especially to law enforcement officials.
THEREFORE, BE IT RESOLVED THAT:
2. Any member of Kappa Alpha Psi who submits to, or who administers physical punishment or force of any kind on another member, as part of, or in any way related to acceptance in Kappa Alpha Psi shall be expelled from the Fraternity. Moreover, any member who witnesses or who obtains knowledge of such conduct and does not report it as set forth in paragraph three (3) of this order shall be fined and suspended for a period up to five (5) years.
3. Any member who has knowledge of underground pledging or hazing, or who has been told of such activity, or who should have reasonably known of such activity, and does not report it to the Province Polemarch, or the International Headquarters, or to the student affairs division of the college or university or to law enforcement officials within 48 hours of acquiring such knowledge shall be suspended from the Fraternity for a period up to five (5) years.
4. Any Chapter, which refuses to reveal the names of parties who engage in underground pledging or hazing, shall have its charter automatically referred to the Grand Board of Directors for suspension or revocation.
5. No undergraduate chapter shall permit a person who is in good standing with the Fraternity to participate in any of its Chapter meetings or activities not opened to the general public (non-Kappas). Moreover, no undergraduate chapter shall permit any person who is a member of a Chapter which is on suspension, or has been expelled, or whose charter has been recalled, revoked or suspended, to participate in any of its activities not opened to the general public. If a Chapter cannot determine by evidence such as a current financial membership card that a visiting member is in good standing, then the Chapter shall presume the person is not in good standing and shall exclude him from Chapter activity. Neither protocol, courtesy nor etiquette are reasons to deviate from this Order. A violation of this Order shall result in a suspension of the Chapter for s period of five (5) years.
6. Every undergraduate chapter shall maintain, as part of its active files, those confidential bulletins and other listings where disciplinary actions have been published and shall refer to this file in determining which members and Chapters are not in good standing.
7. No members of a Chapter which has been expelled, suspended, or whose charter has been recalled, revoked or suspended, may hold office of any kind in the Fraternity until after such person has graduated from college and become a member in good standing with an Alumni Chapter.
8. No person shall be admitted to membership in Kappa Alpha Psi Fraternity, Inc. who has knowingly or willingly submitted or subjected himself to a pledge process or who has participated in an "interest" group. Any person who knowingly or willingly submits to a pledge process or who has participated knowingly in an "interest" group shall be permanently banned from membership in Kappa Alpha Psi Fraternity, Inc.
9. Any person who represents himself as a member of Kappa Alpha Psi, or who leads others to believe he is a member by wearing insignia of Kappa Alpha Psi, and who has not been officially registered at the International Headquarters as a member shall be referred to the college or university of jurisdiction, or to local law enforcement officials, or injunctive relief shall be sought to enjoin the behavior or such person. This paragraph's enforcement provision shall also apply to any person who is under suspension or who has been expelled from the Fraternity and continues to represent himself as a member or who continues to wear Fraternity insignia.
10. The Grand Board of Directors shall review all Chapters' charters where underground pledging or hazing has taken place, regardless of the action already taken by a Province Polemarch. Whenever any Chapter is suspended, or its charter is suspended or revoked, the Province Polemarch shall cause hearings to be held pursuant to Statute 21, Section 7, to determine if any member or members of the Chapter were accessories to the circumstances which caused the Chapter to be disciplined. If a "code of silence" is determined to have caused the Chapter to be disciplined, this shall be deemed prima-facie evidence against all members of the Chapter who engaged in the "code of silence," and such members shall be fined and suspended pursuant to said Statute.
Individuals may contact the International Headquarters of the Fraternity by writing: 2322-24 North Broad Street, Philadelphia, PA 19132-4950 or calling 215.228.7184.
This being for the good of Kappa Alpha Psi Fraternity, Inc. and for the public good, accordingly, it is Done and Ordered this 28th day of March, 1994.
[Signed] Robert L. Harris, ESQ.
ATTEST:
[Signed] Cleophus Thomas, Jr.
Grand Polemarch's Executive Order Number Three
1. Any member, who participates in underground pledge activities, or hazing of any kind, shall be expelled from the Fraternity. Any Chapter or member who conducts, or participates in, any activity which reasonably suggests or infers that pledging is a permitted activity in Kappa Alpha Psi shall be fined and suspended for a period up to five (5) years.
Grand Polemarch
[Signed] Samuel C. Hamilton
Grand Keeper of Records and Exchequer
General Counsel
National Pan-Hellenic Joint Position Statement
Joint Position Statement
RESOLUTION
WHEREAS the National Pan-Hellenic Council, Inc. (NPHC) is comprised of local councils drawn from the ranks of 1.5 million college and professional members of the nine historically African-American fraternities and sororities, namely: Alpha Phi Alpha Fraternity, Inc., Alpha Kappa Alpha Sorority, Inc., Kappa Alpha Psi Fraternity, Inc., Omega Psi Phi Fraternity, Inc., Delta Sigma Theta Sorority, Inc., Phi Beta Sigma Fraternity, Inc. and Iota Phi Theta Fraternity, Inc. and the Council of Presidents of these member organizations who come together on issues that promote the common purposes and general good for which these organizations exist; and
WHEREAS these NPHC organizations, operating through chapters located in the United States, the Caribbean, Europe, Africa and Asia, are proud of their commitment, since 1906, to scholarship, community service, leadership and the promotion of sisterhood and brotherhood in an atmosphere of respect and responsibility; and
WHEREAS these NPHC organizations are likewise committed to promoting the self-respect and dignity of all persons seeking membership in the respective organizations; and
WHEREAS hazing is antithetical to this commitment and is strictly prohibited by the constitution, policies and procedures of each NPHC organization; and
WHEREAS "pledging" has been officially abolished as a process for membership and pledge "lines" have similarly been abolished; and all members and prospective members are prohibited from engaging in hazing, pledge or pre-pledge "lines"; and
WHEREAS in 1990 the NPHC organizations issued a joint statement announcing the elimination of pledging and have instituted within the respective organizations a revised membership development and intake process; and
WHEREAS each NPHC organization has instituted strong policies against hazing and has taken steps to reinforce and strengthen its stand against prohibited conduct; and
WHEREAS as we begin this new century and a renewed commitment to the fundamental principles of brotherhood, sisterhood, human dignity and mutual respect, the NPHC organizations desire to make its commitment against hazing abundantly clear and fully intends for every member, prospective member, parent, university and the general public to be aware of the individual and collective position of the organizations against hazing; and
WHEREAS these NPHC organizations further desire to make known their respective commitment to hold any person who engages in hazing individually and personally liable to the victim and to answer to the law and the organization; and will hold such persons to respond in monetary damages, civil and criminal penalties and severe disciplinary action by the organization, including expulsion; and
WHEREAS the definition of hazing has been held to include any action taken or situation created that involves or results in abusive, physical contact or mutual harassment of a prospective Fraternity or Sorority member; and that any such action is considered hazing, whether it occurs on or off the Fraternity or Sorority premises, campus or place where chapters or prospective members meet; and that hazing has also been described to include any action that results in excessive mutual or physical discomfort, embarrassment or harassment; that such activities include, but are not limited to, paddling, creation of excessive fatigue, physical or psychological shock, morally degrading or humiliating activities, late work sessions that interfere with scholastic activities and any other activities consistent with fraternal law and regulations and policies of the affiliated educational institution and federal, state or local law; and
WHEREAS such illegal conduct is inimical to the principles for which each organization stands and fails to foster respect for fellow members or preserve human dignity; BE IT RESOLVED AND RESTATED WITH EMPHASIS ANEW that hazing, pledging, pledge "lines" or pre-pledge "lines" are strictly prohibited by these NPHC organizations; and
BE IT FURTHER RESOLVED, RESTATED AND MADE KNOWN that these NPHC organizations are committed to eradicate the scourge of hazing; and to that end
That the intake process has been recodified by each organization, which permits the conduct of intake only when specifically authorized by the officer placed in charge of the process and only at such times, places and in the presence of persons specifically authorized and certified to conduct the intake process
That prospective members and the parents of collegiate applicants are advised that hazing is not a requirement for membership, nor is it tolerated;
That members and prospective members must attest that they are fully aware of the organization's policy against hazing and will not engage in prohibited conduct and that the organization will fully cooperate with law enforcement authorities and with university officials in the investigation and prosecution of hazing or other illegal activity;
That members and applicants for membership are also put on written notice that they will be held responsible to the organization for violation of policies against hazing and the organization will pursue full remedies allowed by law for indemnification for damages caused by the actions of the members or applicants who participated in illegal, unauthorized or prohibited conduct despite notice to refrain from such conduct;
That each organization shall enforce severe penalties, including expulsion for proven violations of its policies against hazing and impose sanctions against a chapter involved and cooperate with the university in implementing sanctions by the university;
That members and applicants for membership shall be required to immediately notify the national office of the Fraternity or Sorority, the local chapter advisor and the university officials of any observed hazing incident or improper activity believed to be in violation of the policy against hazing, without fear of reprisal and their application for membership will not be affected by so doing; and, indeed, failure to report known violations may disqualify a candidate for membership; and, finally,
That these NPHC organizations shall continue to encourage their members to participate in activities which promote high scholastic achievement, sisterhood, brotherhood, loyalty and leadership; and shall continue to affirm sound values and the worth of every member working together to accomplish organizational goals and serve the community.
Howard L. Tutman, Jr.
Adrian L. Wallace
Peter M. Adams, Esq.
Norma Solomon White
Barbara Carpenter, Ph.D.
Helen J. Owens
Lloyd J. Jordan, Esq.
Rondall James
Gwendolyn Boyd
Washington, DC
Council of Presidents
National Pan-Hellenic Council, Inc.
September 13, 2000
Grand Polemarch
Kappa Alpha Psi Fraternity, Inc.
General President
Alpha Phi Alpha Fraternity, Inc.
National President
Phi Beta Sigma Fraternity, Inc.
Supreme Basileus
Alpha Kappa Alpha Sorority, Inc.
Grand Basileus
Zeta Phi Beta Sorority, Inc.
Grand Basileus
Sigma Gamma Rho Sorority, Inc.
Grand Basileus
Omega Psi Phi Fraternity, Inc.
Grand Polaris
Iota Phi Theta Fraternity, Inc.
National President
Delta Sigma Theta Sorority, Inc.
September 13, 2000
North Carolina Hazing Statutes
The following is a compilation of current state statutes that outlaw hazing. Typically, statutes prohibit any willful action that recklessly or intentionally endangers the physical health of a student; some statutes include the mental health of a student as well. Many statutes enumerate certain acts which constitute hazing, i.e. sleep deprivations, forced calisthenics and drug and alcohol use. Although a particular state may not have enacted a specific hazing statute, often actions that constitute hazing may be prosecuted under other criminal statutes, such as assault or reckless endangerment statues.
In the vast majority of states, consent by the pledge or new member is not a defense to hazing.
North Carolina - §§ 14-35, 14-36 and 14-38
NC State Hazing Laws
ANTI-HAZING STATUTES
Class 2 misdemeanor - prohibits anyone from abusing or harassing a student, or subjecting the student to personal indignity. Aiding and abetting is also punishable. Coupled with criminal punishment, a perpetrator must be expelled from the college or school.
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