Iota Xi Chapter of Sigma Chi Fraternity v. Patterson

566 F.3d 138, 2009 U.S. App. LEXIS 10184, 2009 WL 1314710
CourtCourt of Appeals for the Fourth Circuit
DecidedMay 13, 2009
Docket08-1417
StatusPublished
Cited by81 cases

This text of 566 F.3d 138 (Iota Xi Chapter of Sigma Chi Fraternity v. Patterson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Iota Xi Chapter of Sigma Chi Fraternity v. Patterson, 566 F.3d 138, 2009 U.S. App. LEXIS 10184, 2009 WL 1314710 (4th Cir. 2009).

Opinion

OPINION

KING, Circuit Judge:

The Iota Xi Chapter of Sigma Chi Fraternity (the “Chapter”) and two of its officers, Ryan Duckwitz and Justin Pietro, sued George Mason University (the “University”) and several of its administrators 1 in the Eastern District of Virginia, alleging, inter alia, constitutional claims under *141 42 U.S.C. § 1983. The Chapter and certain of its members were sanctioned by the University following their involvement in a series of disciplinary incidents, and the plaintiffs allege that those sanctions deprived the Chapter and its members of their procedural due process and free speech rights. The district court awarded summary judgment to the defendants, see Iota XI Chapter of the Sigma CHI Fraternity v. Patterson, 538 F.Supp.2d 915 (E.D.Va.2008), and this appeal followed. As explained below, we affirm.

I.

A.

1.

The University is a public institution located in Fairfax County, Virginia, where, until May 8, 2006, the Chapter was an officially recognized student group. 2 Between February 2005 and August 2006, the Chapter and its members were involved in a string of on-and off-campus incidents that culminated in the revocation of the Chapter’s official University recognition and the individual discipline of several Chapter members.

Five separate disciplinary incidents led to the Chapter being sanctioned. The first such incident occurred on February 26, 2005, when the Chapter co-hosted a party at an off-campus house. A female University student asserted that she was sexually assaulted at the party by a Chapter member. The victim initiated administrative charges against the Chapter member, and the University’s Sexual Assault Hearing Panel subsequently adjudicated the member as responsible. As a result, the Chapter member was expelled from the University.

The second such incident occurred in mid-August 2005, when several Chapter members took part in a party where underage guests drank excessively. As a result of this second incident, defendant Girard Mulherin, Dean of Students, placed the Chapter on interim suspension on August 24, 2005. Mulherin lifted the interim suspension on September 6, 2005, after determining that the Chapter had not authorized the party, and that the Chapter had fully cooperated with the University’s investigation.

The third incident took place on September 7, 2005, when the Chapter hosted another party where underage guests consumed alcohol, and where a second female University student claimed that she had been sexually assaulted by a Chapter member. The victim filed an administrative complaint in connection with that event, and the offending Chapter member was adjudicated to be responsible for the sexual assault. He was placed on disciplinary probation for the remainder of his undergraduate career.

Finally, two incidents of alleged hazing occurred on December 7, 2005. The first hazing incident occurred at about 8:30 a.m., when several Chapter members and pledges gathered on-campus near Fenwick Library and began to sing and march (the “library incident”). Defendant Michele Goubadia, Associate Director for Student Activities, Greek Life, witnessed the event from her office and concluded that the Chapter was conducting hazing activity. The second hazing incident occurred later that day, when Goubadia learned that a Chapter pledge had informed his instruc *142 tor that he could not go home to retrieve an extra-credit assignment (the “classroom incident”). The instructor inferred that the student could not go home because of hazing by the Chapter, and she informed Goubadia about the classroom incident. In response to these suspected hazing incidents, Goubadia placed the Chapter on interim suspension, prohibiting it from participating in all social events, community service, and recruitment efforts. On December 8, 2005, Goubadia sent a memorandum to defendant Pamela Patterson, Associate Dean of Students, characterizing the two December 7 events as hazing. That same day, Patterson sent an interim suspension notice to the Chapter, restricting it from conducting any social event where more than three Chapter members or pledges were present, pending a University investigation.

The University subsequently determined that a disciplinary hearing was warranted on the five incidents described above. On February 7, 2006, the University informed the Chapter that a disciplinary hearing would be conducted on May 4, 2006. After the Chapter requested a detailed description of the charges against it, the University, on February 23, 2006, provided the Chapter with a “Complaint” listing the following charges:

1. Hazing — 8:30 a.m. on December 7, 2005 in the area of Fenwick Library on the George Mason Campus.
2. Providing alcohol to minors — September 7, 2005.
3. Underage consumption of alcohol— September 7, 2005.
4. Sponsoring a party under conditions that resulted in sexual assault/s on a female guest. February 26, 2005 and September 7, 2005[.]

J.A. 774. 3 On March 10, 2006, Dean Mulherin offered to settle the charges with the Chapter with a two-year suspension of the Chapter’s University recognition, which the Chapter declined. The University provided the Chapter, in advance of the disciplinary hearing, with a list of the witnesses that the University intended to call.

2.

On May 4, 2006, the University convened a panel of three students from the University’s Student Judicial Board (the “Panel”) to address the four charges against the Chapter. During a five-hour hearing (the “Hearing”), the Chapter was permitted to make opening and closing statements, object to certain testimony, cross-examine witnesses, and present evidence.

At the Hearing, Dean Mulherin represented the University and presented several witnesses in support of the charges against the Chapter. Associate Director Goubadia testified concerning the library incident, which she characterized as hazing. Juliet Blank-Godlove, the instructor involved in the classroom incident, also testified. With regard to the classroom incident, Blank-Godlove stated that she “was concerned for hazing. It seemed to me that [the Chapter pledge] was part of a kidnap process, part of a pre-initiation process where he’s not able to go home.” J.A. 620. Additionally, the two female victims of the sexual assaults at Chapter-sponsored parties testified that they had consumed alcohol at those parties despite being underage, and that they were sexually assaulted by Chapter members. When the Chapter’s representative sought to cross-examine these witnesses about whether *143 they had actually been sexually assaulted, Mulherin stated that the prior sexual assault ruling should not be reopened, because to do so could “revictimize the victim by going through the details of this event again.” Id. at 637. The Panel’s hearing officer agreed and precluded further inquiry on that subject.

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566 F.3d 138, 2009 U.S. App. LEXIS 10184, 2009 WL 1314710, Counsel Stack Legal Research, https://law.counselstack.com/opinion/iota-xi-chapter-of-sigma-chi-fraternity-v-patterson-ca4-2009.