All Phi Kappa Tau chapters, associate chapters and members should be keenly aware of the alcohol issues and the adverse impact they have had on fraternities. Alcohol exists. It is used. It is also recognized as the most frequent cause of accidents, injuries and litigation in the interfraternity world. The horror stories of personal injuries to members, their guests, the public and property are endless. It is this real-world profile that has positioned fraternities in an adverse insurance posture.
The best method for avoiding a potential crisis involving alcohol is simply to remove it from the chapter house or any chapter function. If this is not realistic, then a chapter will, among other responsible actions, adhere to the following:
Statement of Position on Alcohol
The possession, sale, use or consumption of alcoholic beverages, while on chapter premises, or during a fraternity event, in any situation sponsored or endorsed by the chapter, or in any event an observer would associate with the fraternity, must be in compliance with any and all laws and laws of the state, province, county, city, Fraternity and institution where the chapter is located, and must comply with either the BYOB or Third Party Vendor Guidelines.
Chapters shall not purchase alcoholic beverages with chapter funds nor any pooling of members’ funds.
All bulk distribution and use of alcohol, including kegs, cases, party balls, alcoholic punch, etc. is strictly prohibited.
The promotion of, or participation in, any action or activity which could be interpreted as selling alcohol will not be tolerated. This includes, but is not limited to, charging admission to parties, passing the hat, selling drink tickets, having vending machines that dispense alcoholic beverages or collecting a cover charge at bars.
At chapter social events, signs should be posted that indicate that your chapter complies with and enforces the laws and policies with respect to alcohol.
Parties and social activities shall be open to members and invited guests only.
The chapter shall not, under any circumstances, serve or permit the consumption of alcohol by anyone who is not of legal drinking age, including chapter members.
The chapter shall require identification of all members and guests to determine who is of legal drinking age and it must enforce the drinking age.
Do not allow anyone to have access to alcohol if they are intoxicated, regardless of age. This applies to all events!
Drinking games that promote the excessive use and/or rapid consumption of alcohol are prohibited.
Use alcohol only as an adjunct to an event rather than its focus.
Impose sanctions on any members, associate member or guests who abuse the use of alcohol and cause physical or personal injury to others.
Stop the use of alcohol on the premises at least one hour before the end of the function.
Provide plenty of food and non-alcoholic alternative beverages, especially soft drinks. Many people will prefer non-alcoholic beverages when given a choice.
Adequate professional security should be provided to deal with uninvited guests and monitor any other potential problems.
Organize party monitors to be trained on how to respond to situations and instruct them not to consume alcoholic beverages while in the role of a party monitor.
Provide buses, taxis, phone numbers, etc. for any event held away from the chapter premises.
Develop educational programs for both members and associate member about the effects of alcohol. Educate all chapter members about all laws and ordinances pertinent to alcohol, and host liquor liability of Phi Kappa Tau, your institution, and the state, provincial and local governments.
All recruitment functions (including bid day parties) must be dry (non-alcoholic) events.
All associate member functions must be dry (non-alcoholic) events.
The following are fundamental cornerstones of any responsible social program and are not to be viewed as stand alone measures. Each chapter and associate chapter must implement these mechanisms. The Prevention & Wellness Chairman must work with the chapter president and social planning committees to assure that:
Events end at the scheduled time.
Hazardous areas are monitored or made inaccessible (e.g., roofs, window ledges, etc.).
The “Event Planning Form” (Appendix A) should be used and kept in the Prevention & Wellness Chairman’s files for documentation and future reference.
The “Event Planning Form” should serve as a planning tool, not only to project liability exposure and appropriate control measures needed, but also to inform responsible chapter officers and the membership of the Health & Safety guidelines which will be in place.
Planning a “Bring Your Own” Social Event
“Bring Your Own” General Guidelines
Types and Amounts of Alcohol
“Hard” liquor (alcohol rated by proof rather than percentage) is be prohibited from all “bring your own” parties. Limits on the amount of alcohol should be one six pack of beer (or the alcoholic equivalent) per person per event. Absolutely no glass containers should be allowed. Non-alcoholic beverages and non-salty foods must be served throughout the entire party.
Entrance
The entrance to the party should serve to make sure all persons entering the party are either a member or a guest on the written list. At least one party monitor must be at the entrance at all times. Acceptable identification is a picture identification with the date of birth on the identification. Chapters need to be aware of their host state’s specific requirements for acceptable identification.
Wristbands
Wristbands should be given out at the entrance to the party and only issued to those of legal drinking age. Wristbands should be the type that, once clasped, the only way to remove them is to cut them off. They should not be stretchable. Anyone without a wristband is not permitted to possess or obtain alcoholic beverages.
Monitors
There should be at least one monitor for every 20 attendees at any event where alcohol is present. Monitors are not to consume any alcohol within the six hours prior to nor during the event. At least one monitor should be at the door checking identifications. Another member should be one of the monitors at the bar and the remaining monitors should be making sure people at the event are following Phi Kappa Tau policies. All monitors should wear distinctive clothing, such as brightly colored shirts or hats, to identify themselves at all times.
Security Guards
There should be at least one hired professional/private security guard for every 50 attendees at any event where alcohol is present. This should be in addition to any chapter monitors that are present. Chapter associate members should not under any circumstances be used to monitor doors or act as security guards.
Procedure for BYOB
Once a person of legal drinking age with alcohol has entered the party and obtained a wristband, they should immediately take their alcohol to the bar and exchange it for a ticket. The ticket should state the type and brand of alcoholic beverage and the number of containers. An individual may only receive one container at a time and each time he/she receives a beverage his/her ticket should be hole-punched.
Ending Times and Alcohol Checkout
All parties should have a designated ending time. The ending time should always be in compliance with the institution, local and state ordinances and should never go past 1:00 a.m. No one should be allowed to leave with alcohol either opened or unopened. Any alcohol still at the bar at closing time needs to be secured and shall stay at the house until the following day when it may be picked up. Any alcohol that is not picked up should be discarded.
Social Planning
Require identification (“carding”) of everyone attending a function where drinking may occur. Never allow any member or guest to drink at any event if they are underage.
Consider hiring professional security staff to assist the chapter with:
Overseeing the function;
Uninvited guests;
Calling taxis;
Identification of (“carding”) invited guests.
Never promote or sponsor a function where Phi Kappa Tau may be interpreted as selling alcohol:
Selling drink tickets;
Selling empty cups;
Beer vending machines;
Charging for “all you can drink”;
Having an event in conjunction with a local bar or alcohol distributor.
Serve non-alcoholic beverages and provide food for members and guests.
Do not promote alcohol as the center of the party or allow members or guests to engage in drinking games.
Provide reliable transportation or taxis for members or guests who have had too much to drink.
Over-indulgence of alcohol is prohibited. Keep in mind Phi Kappa Tau Health & Safety policies including:
No bulk quantities of alcohol (e.g., kegs, “party balls” or alcoholic punch);
Dry recruitment/rush & membership orientation new member program;
No open parties with alcohol present;
No purchase of alcohol with chapter funds.
Establish a time limit for the party. Four hours should be a guideline.
Prohibit “road trips” involving the use of alcohol while driving.
Educate the chapter by sponsoring guest speakers and distributing alcohol awareness literature.
BYOB Check-Off List
All BYOB guidelines throughout this checklist are suggestions for safe and practical implementation. Individual chapters must follow the Fraternity’s Health & Safety Policy (pages 8-9). If questions arise, be aware that the suggestions in this guide do not supersede the local, state, provincial, institutional statutes and policies. When faced with conflicting policies, the chapter should adhere to the most stringent requirements.
General Suggestions
To better manage your health & safety and to ensure that educational endeavors are paramount, no social event should run later than 1 a.m.
To better neighbor relations, be sure to discourage “after hours” social events... liability and poor public relations are increased during these events.
Students come to get a degree... there should be no alcohol-related social events during the academic week (“dead week”), Sunday night through Thursday night, or near any exam periods.
Provide Alternative Beverages and Non-Salty Foods Appropriate to a Theme
Themes make a social event interesting... be sure to use common sense and good taste.
The percentage of non-alcoholic beverages should at least equal the percentage of underage guests.
Many “of age” guests will prefer alternative, non-alcoholic beverages.
Several non-salty snacks and other food items must be available for all guests during the duration of the social event.
Breads, meats, cheeses, vegetables, brownies, pizzas, subs, etc. are considered appropriate foods.
Food, alternative beverages, and alcohol must be placed in the same centralized area.
Water and coin operated vending machines DO NOT qualify as acceptable non-alcoholic beverages.
Non-alcoholic beverages must be dispensed from closed containers (cans, plastic bottles or dispensing machines).
Types and Amounts of Alcohol That Should Be Allowed Per Person (for a Typical 4-5 Hour Event)
Six, 12 oz. cans of beer (maximum).
No “hard” liquor, alcohol with a proof rating.
No “squeeze bottles.”
No beer/booze in members’ rooms during social functions.
No bottles, except wine coolers (should be poured into a plastic cup before consumption).
Entrance to the Social Event
One (well-lit) entrance, controlled and monitored, is suggested.
Monitors check to see if those entering are either members or on the invitation guest list.
Members and guests with alcohol are required to show proof of legal drinking age, (picture ID with birthdate preferably a driver’s license).
A guests name is checked off the list once she/he has entered the social event.
Hired security guards are also suggested in addition to the members who will serve as monitors.
Several exits must be available due to fire codes/laws; however, exits cannot be used as entrances.
Any person, regardless of age, who shows signs of intoxication must not be allowed into the social event.
All individuals arriving at the entrance to the social event must have their name on a pre-printed invitation guest list. If a person is not on the list prior to the event, no access is allowed (to ensure that men and women are treated equally at the entrance, monitors also must be both male and female).
Invitation Guest Lists
Guest lists must be generated for each function with specific names of all non-members who have been invited.
A bag full of invitations to an entire sorority, for example, even if the event is BYOB, is considered an open party and therefore, not allowed.
Many groups also include their members birth-date on the guest list to further distinguish who is and who is not of legal drinking age.
Guest lists should be completed 24 hours prior to an event in order to adequately prepare.
Wristbands
Members and guests who are 21 years and older and who have checked alcohol into the social event receive a wristband (non-adjustable, hospital type wristband).
Precision Dynamics Corporation markets a product called VISA BAND. Call 1-800-847-0670 for more information. Many IFCs have purchased these in bulk quantities and distributed the bands to their member fraternities. Encourage your IFC to do so if it has not.
An individual checking alcohol into the social event receives a different stamp on the hand signifying that he has already brought in alcohol. (This procedure will stop guests/members from leaving the social event and trying to re-enter the event later with more alcohol).
Members or guests without wristbands are not allowed to possess or consume alcoholic beverages.
Members and guests unable to provide legal proof of age are not allowed to bring alcohol into the social event. Two decisions can be made. First, the underage guest or member may enter the social event without the alcohol and without the wristband. Second, the social event monitors may refuse entry to any individual, even if the individual’s name is on the guest list.
This guideline is important, especially if the underage person shows signs of intoxication. The host/sponsoring groups must not assume liability of underage drinkers. Moreover, these individuals may try to secure alcohol once inside the physical structure.
Monitors (Detailed)
One monitor for every 20 guests is suggested.
Both males and females may serve as monitors (from host chapter and sponsoring group(s)).
Monitors do not consume alcohol either before or during the social event.
Wearing special clothing will distinguish monitors from guests.
Associate members should not be used as monitors.
When the individual brings alcohol to the social event he/she will receive a punch card. On this punch card the host chapter/sponsoring group(s) will note the quantity and brand of the alcohol (the brand identification is for reference purposes of the host chapter/sponsoring group(s)).
Licensed and Insured Bartender
Third Party Vendor Checklist fully completed.
Service Area
After the member or guest has received the initial can of beer, another cannot be requested unless the individual also returns the empty can (this applies to beer since the wine coolers will be poured into a cup before being given to the guest/member). In this way, the host/sponsoring group(s) can help ensure that individuals are drinking their own alcohol (and doing so one at a time with moderation). Returning the empty cans will also assist the groups with post-social event clean-up and recycling efforts.
Special Note: No alcohol leaves the social event once it has been checked into the bar area. If a guest does not finish their alcohol during the allotted time, it will remain on site until the following morning at which time the guest may return for the remaining alcohol. If the guest does not return, the alcohol must be discarded at that time.
Party Planning Reminders
Inform the Board of Governors of all social functions.
If a function is held away from the chapter house, consider renting a bus or arranging the transportation with professional drivers.
If a party gets out of the control of the chapter, utilize security or call police to shut it down.
Encourage campus groups to adopt responsible programming.
Hold parties that emphasize a theme or event, not alcohol.
Do not sponsor parties with groups that do not have similar alcohol policies.
Respect an individual’s right to not drink.
Never advertise a party.
Do not “sponsor” a bar.
Inspect the location prior to a party for potential hazards like inadequate restroom facilities or broken floors.
Be aware of the noise level and how it affects your neighbors.
Sample Event Planning Timelines
In working with chapter officers to comply with proper event planning guidelines, the Prevention & Wellness Chairman needs to be aware of the amount of time needed to effectively plan an event. All events should be planned on the chapter’s calendar before the start of the term. The following are examples of time lines for a large event and a small event to be used in conjunction with the “Event Planning Form”:
Large Event
45 days prior — Set the event date, theme and details. (social chairman)
40 days prior — Contact any caterers, bands, hotels, or third party vendors with whom the chapter will be contracting. (social chairman)
35 days prior — Obtain contracts and have them reviewed by legal counsel, and obtain university permit. (chapter president)
30 days prior — Complete Event Planning Form and make copy for files. (social chairman)
15 days prior — Prevention & Wellness Chairman reviews event with the social chairman and his committee. (Prevention & Wellness Chairman)
7 days prior — Meet with social committee to review event plan. (social chairman)
Small Event
30 days prior — Set the event date, theme, and details; complete Event Planning Form and make copy for files. (social chairman)
15 days prior — Prevention & Wellness Chairman reviews event with social chairman and his committee. (Prevention & Wellness Chairman)
7 days prior — Meet with social committee to review event plan. (social chairman)
Decreasing Liability for Social Functions: Questions to Consider
You cannot eliminate liability completely, but with the proper foresight it can be substantially reduced.
Have you reviewed the activity plans with the Board of Governors in regards to their advising role?
Have the proper campus officials been notified?
How will the activity affect your neighbor relations? Have you alerted your neighbors that a party will be taking place?
Do you have a clean-up team for after the function? Will the team clean your neighbors’ properties first?
Will any state laws (e.g., underage drinking) or city ordinances (e.g., noise violations) be violated?
What safeguards have you implemented to prevent these laws/ordinances from being violated?
How will the chapter officers maintain order of the function? Have you considered hiring professional security personnel?
What will the officers do if the activity gets out of hand?
Are your officers and members familiar with the chapter’s crisis management program?
Could you convince a jury (which will not be college students but middle-aged individuals with middle-aged values) that your event followed PHI KAPPA TAU Health & Safety Policy?
Emergency Procedures for Someone Who Has Had Too Much to Drink
Of course, the best procedure is prevention. Don’t allow social functions to get out of control with alcohol. Pay close attention to the behavior of brothers and guests.
Look for Signs and Symptoms
Unable or difficult to arouse.
Slowed, stopped or irregular breathing.
Bluish fingernails, lips and gums.
Action to Be Taken
IF THERE IS ANY DOUBT AS TO WHETHER OR NOT THE INDIVIDUAL IS MERELY PASSED OUT OR SERIOUSLY OVERDOSED, CALL 911.
Lay person on side if sleeping or passed out. Do not allow them to sleep on their backs. Have someone stay with the person.
Induce vomiting, if conscious and feeling sick. Never induce vomiting in a semi-conscious or unconscious person.
Monitor breathing; proceed with CPR (by certified person) if not breathing.
Other Things to Remember About Alcohol
Black coffee, cold showers, fresh air or exercise will not sober you up! Only time will eliminate alcohol from your body.
Alcohol exaggerates the mood you are in (i.e., if you’re depressed when you start drinking you’ll get more depressed; if you’re angry, you’ll get angrier; if you’re happy, you’ll get happier). If you drink enough you’ll eventually pass out.
Alcohol is a depressant. It slows down your bodily functions and the ability to respond.
Legal Counsel and Contract Review
Contracts and agreements should be limited to those directly related to events directly under the jurisdiction of the chapter.
To control the number and types of contracts required to support a planned event, the responsibility for reviewing draft contracts should be assigned to the Board of Governors and/or the chapter’s legal advisor.
All contracts should be reviewed prior to signing by the chapter - no exceptions. Contact the National Fraternity if you have any questions about this guideline.
Try the following measures to obtain help:
An attorney who is an alumnus of the Fraternity
Campus legal services
A qualified BOG member
Initiate a member of the legal community at your institution
Hold Harmless Agreements and Certificates of Insurance
The involvement of third parties (such as in the use of a lease of outside facilities) will, in some cases, require the provision of some form of Hold Harmless Agreement or Certificate of Insurance to the property owner. A Hold Harmless Agreement indicates that a chapter indemnifies an owner (i.e., the chapter will not transfer any liability for a claim to the owner). A Certificate of Insurance documents to an owner that a chapter has a specified level of liability insurance.
To control the number and types of contracts required to support an activity, the responsibility for reviewing draft contracts should be assigned to the chapter president. Contracts and agreements should preferably be reviewed by legal counsel.
Contracts and agreements should be limited to those directly related to an activity and directly under the jurisdiction or control of the sponsor (chapter).
It is strongly suggested that reciprocal agreements and Certificates of Insurance be obtained from the property owner. These will serve to inform the chapter and the Fraternity that the property owner has Liability Insurance and accepts responsibility for support services which remain in his control.
Leased Facility and Equipment Inspection
Prior to borrowing, leasing or renting any facility for a chapter event, an inspection of the facility should be made by the chapter’s Prevention & Wellness Chairman. Conditions that are hazardous to spectators, guests, or other participants should be identified and corrected by the owner or identified in the use of the contract.
DO NOT CONTRACT WITH A THIRD PARTY FOR USE OF AN UNSAFE FACILITY!
Some examples of liability losses connected to unsafe leased facilities and/or equipment:
Fires
Diving boards at leased pools
Bleachers
Sidewalks
Ice rink surfaces
Carnival rides
The liability for injuries to guests and members can be transferred to the event sponsor (Your Chapter) as a result of use of contracts that accepted the property in an “as is” condition. Remember to always have contracts associated with a chapter event reviewed before they are signed by the chapter.
Off Campus or “Unofficial” Chapter Events
There has been a proliferation of events held away from chapter houses and off campus that have been designed to circumvent the spirit of Phi Kappa Tau’s Health & Safety policy. Most of these events occur in the private apartments of members or even at the residence of a non-member and have been incorrectly classified as “unofficial.” Because the risk posed by such events are often times more substantial than “official” chapter activities, a discussion of the myths associated with off campus and “unofficial” events follows:
Myth #1 We’re not liable for events held at a member’s apartment.
Wrong! Courts have held that when a certain percentage of the chapter is gathered together it can be interpreted as a chapter activity, whether “official” or “unofficial.” If, for example the party was announced at a chapter meeting, posted in the chapter house, or most of the members receive an email, text or other invitation from an PHI KAPPA TAU, it could be considered an PHI KAPPA TAU function.
Myth #2 Individual members can’t be held liable for events they sponsor at their private apartment.
Wrong! Most states have laws that incriminate a social host for serving alcohol to minors. If not, civil remedies are available to a person alleging injury after attending an event hosted by a chapter member. In addition, the member(s) parents may be held liable for the actions of the member if he hosts a party and someone gets hurt. It has happened before.
Myth #3 We’ll just have the event at a non-member’s apartment.
Do not! If only a few chapter members are present, any competent plaintiff’s attorney will try to prove that the event was sponsored by the chapter.
Myth #4 Phi Kappa Tau Fraternity cannot discipline a chapter for something that happened at an “unofficial” event.
Phi Kappa Tau Fraternity may sanction the chapter if there is an incident of any kind that violates the letter or spirit of the Fraternity’s Health & Safety policies. A serious incident could be reason enough to close the chapter.
Setting aside for the moment the obvious ethical issues, the bottom line is this: if Phi Kappa Tau could avoid liability by merely moving all chapter events off campus or making events “unofficial” it should have instructed all chapters to do so many years ago and quit sponsoring a liability insurance program.
If a chapter wants to practice sound Health & Safety it can not tolerate “unofficial” events sponsored by members. The best chapters practice sound Health & Safety all the time, regardless of the circumstances.
Social Ideas
The key to chapter participation is having activities worth participating in. Unfortunately, there’s often a tendency for a chapter’s activity calendar to become stagnant, repeating two or three basic types of events. By their junior year, the older members start to lose interest because of the lack of diversity. When the programming revolves around a variety of activities and themes, however, it remains fresher for everyone. An interesting, varied calendar of events can’t help but have a beneficial effect on morale. A satisfied membership, in addition, much more naturally wants to reach out and share the experience with others, thus impacting on recruitment as well.
As long as this list is, we don’t claim to have come anywhere near exhausting the possibilities. They are as vast as your imagination. Keep in mind the suggestions on responsible hosting:
Card games
Backpacking, camping
Sightseeing tours
Softball, volleyball
Roller skating
Video night
Putt-putt golf
International theme
Ice cream social
Casino party
Tricycle race
Comedy night
Beach party
Bowling
Secret Santas, turkeys, etc.
Breakfast or dinner with another organization
Tie-dye party
Revenge of the Nerds
Beach theme
Fantasy Sports Leagues
Reggae (with limbo contest)
Sports Illustrated
60s prom party
Mystery date
Mardi Gras
Video Game Tournaments
Prohibition party (20s theme)
Valentine’s Day theme
Tacky tourist
Polyester party
Graffiti party
Karaoke Night
Wild West Theme
Golf outings
GI theme (military)
Circus, Circus
Wedding party
Looney-Tunes
Crush party
Caribbean cruise
Hay rides
Famous couple party
Progressive dinner
Rent out a movie theater
Chili cook-off
Pumpkin carving
Air Band
Cajun night
Frozen turkey bowling