Reports
National Vice President's Report
Alpha Phi Omega
National Service Fraternity
Board of Directors Meeting
July 9, 2005 – Washington, DC
National Vice President’s Report on Open Membership
Recommendation:
The National Board directs all chapters to recognize that, while chapters are not obligated to accept transfer members into their chapter, duly initiated Brothers of Alpha Phi Omega should not be excluded from transferring their membership to another chapter solely on the basis of gender. As such, all chapters should open their membership to consider accepting transfer students, regardless of gender, beginning with the start of the fall 2005 semester.
The National Board approves the resolution to direct all chapters of Alpha Phi Omega to amend their By-laws and policies to truly open their membership to all students on campus, regardless of gender, by the close of the winter 2006 semester. All chapters will be expected to begin allowing women to join Alpha Phi Omega starting no later than the fall 2006 semester. All chapters shall actively practice open membership in their recruitment policies and procedures beginning no later than the fall 2007 semester. This resolution shall be brought before the National Convention for ratification in December 2006 in Louisville, Kentucky.
Status quo:
There are currently 361 chapters in Alpha Phi Omega. Seventeen of those on co-educational campuses do not accept women as members by practice.
The list follows:
Region/School/Chapter/AAMD2004-05/AAMD2003-04/SSD2004/SSD2005/NSW2004/Launch
I UMaine-Machias Psi Delta 6 6 No No Yes 0
I UMaine-Orono Sigma Xi 17 18 No Yes Yes 7
II Drexel Zeta Theta 7 3 Yes Yes Yes 1
IV Auburn Delta 9 16 Yes Yes Yes 0
IV Carson-Newman Xi Sigma N/R 3 No No Yes 0
IV Clemson Gamma Lambda 14 12 Yes Yes Yes 4
IV Florida A&M Kappa Delta 16 25 Yes Yes Yes 0
IV Fort Valley State Phi Zeta 0 4 Yes No No 0
IV Samford Gamma Chi 15 6 No Yes Yes 0
IV Tuskegee Pi Zeta 7 6 Yes No No 0
V Duquesne Pi Chi 10 14 Yes Yes Yes 3
VII Grambling State Chi Nu 0 8 Yes No No 3
VII Lamar Kappa Alpha 5 4 No No Yes 0
VII Prairie View Sigma Pi 3 2 Yes No No 0
VII Texas Southern Tau Zeta 3 4 Yes Yes No 0
VII Texas Wesleyan Xi Nu 0 4 Yes No No 0
IX Uminn.-Duluth Nu Mu 11 15 No Yes Yes 1
Total 123(AAMD2004-05) 150(AAMD2003-04) 19(Launch)
Report on Open Membership Page 2
The average chapter size for chapters reporting in 2004-2005 is approximately 26. The average size for the all-male chapters on co-ed campuses is approximately 8. Seven of these chapters are on the critical list as of 6/15/2005. In terms of impact, we are discussing 4.7% of the Fraternity’s chapters containing approximately 1.4% of the Fraternity’s members.
Process:
The information gathering process for exploring open membership was a multi-pronged
approach. Individual conversations were held with representatives of all-male chapters to
determine the all-male perspective. Alumni of all-male chapters were identified with the
assistance of Region Directors. The criteria used were individuals with open minds and a
willingness to keep the conversation confidential. The reason for the requested confidentiality was to avoid creating a panic among all-male chapters leading to a circling of wagons that would inhibit a true dialogue. Efforts continue to identify other all-male representatives and additional input will be added to this report as it is received.
Conversations were also held with members of the National Board to obtain the perspective of those believing a move to open membership is necessary. Finally, an opinion was obtained from Legal Counsel.
The goal of these conversations was to understand all sides of the issue and determine what common ground existed. The analysis follows and is broken into three sections – all-male representatives, Board members, Legal Counsel.
All-male Representatives:
Conversations were conducted with the following:
• Jack McKenzie, past national President and alumnus of Gamma Lambda chapter,
Clemson University
• David Self, Section 69 Chair and alumnus of Delta Chapter, Auburn University
• Jason Moon, Section 69 staff member and alumnus of Delta Chapter, Auburn University
• Bill Reed, past Region I Director and alumnus of Sigma Xi chapter, University of Maine-
Orono
• Steve Merrill, past Section 94 Chair and alumnus of Sigma Xi chapter, University of
Maine-Orono
• Natalie Merrill, Section 94 Chair (two of six chapters in the section are all-male)
• Ryan Mitchell, alumnus of Kappa Delta, Florida A&M University
• Rian Copeland, alumnus of Nu Mu, University of Minnesota-Duluth
• Eddie Tate, alumnus of Omega Psi, Jackson State University
The subject was broached by saying that the Board was exploring the issue of open membership. Thoughts, insights and concerns were requested. Common responses were:
• Don’t see the need for change, why can’t we just be left alone, since we are not hurting
anyone? Let them be them and us be us.
• Promises were made, why and how can we consider breaking them?
• Why do you want to change us? Don’t take away our tradition.
• A change would hurt Gamma Sigma Sigma and Omega Phi Alpha.
Report on Open Membership Page 3
The responses provide were that:
• It is inconsistent with the principles of APO to allow discrimination of any kind
• The organization’s image is being damaged and we are losing assets, such as Maura
Harty’s resignation
• This is not how we want to be perceived…or be
• It is hard to justify why female brothers are not welcome if transfer to their campus
• Gamma Sigma Sigma National leadership has indicated no concern with such a change in
our membership policy
The primary concerns expressed by the alumni of all male chapters were:
• Any change would be effective immediately, allowing no adjustment period
• The impetus for the change is coming from the Board, not from the students
• The change will be imposed upon the chapters without their inclusion in the decisionmaking process or even in discussions
• All-male chapters will be treated as villains within APO, as if they have done something
wrong be remaining all-male
The nature of the discussions was that change is inevitable and we would like to conduct a real dialogue rather than talking at each other about the issue of open membership as has been done for many years. While most were not in favor of having their chapters opened to women, all agreed in the inevitability and appreciated the attempt at open discourse. As such, the conversations focused primarily on how to accomplish the opening of chapters.
One option discussed was an open discussion with several of the all-male groups. Each
representative agreed to be present at such meetings and, if not advocate change, at least
encourage the chapter members to be open to the possibility.
Board Members:
Discussions on open membership were held with the following Members of the National Board:
• Fred Heismeyer
• Bob London
• Julie Moore
• Lisa Covi
• Carla Moran
• Ed Richter
• Brant Warrick
• Beth Tom
• Mark Stratton
• Marilyn Dow
• Malcolm Lee
• Matt Cross
• Ginny Combs
• Kari Logan
• Kevin Simpson
• Adam Bolain
Report on Open Membership Page 4
• Jerry Schroeder
• Jack McKenzie
There was consensus that the Fraternity must move toward open membership within a reasonable timeframe. There was also agreement that it was desirable for the move to be as collaborative as possible, consistent with the fraternal nature of APO. While all understood that there might be losses, they should be minimized.
Implementation:
There was much discussion regarding the actual process of implementing open membership. In response to the concerns of instant change expressed by all-male representatives, a fade-in process was offered as a possibility. The basis for the suggestion was the process by which Rose-Hulman Institute of Technology (RHIT) became a co-educational campus in the 1990s.
Once the decision was made at RHIT, the implementation date was set for four years in the future. The principle was that any student who chose RHIT with the expectation of an all-male experience would have the chance to complete their education under those conditions. Members of the first class admitted after the decision was made were told that they could expect women classmates in their senior year. The next class was informed that women would be introduced during their junior year, and so on.
The point of greatest contention was whether agreement of the National Board is sufficient or if Convention action is required. There was a consensus that Convention action was preferable but no agreement on its necessity. The arguments for Convention action are:
• The precedent was set by Convention votes in 1976 and 1998
• APO is a democratic organization, governed by Roberts Rules
• A vote will show broad support among alumni and student members
• Enforceability will be far more difficult if the change is imposed
• A mandate would likely be a public relations nightmare
• The by-laws can be interpreted in many ways but a Convention vote is definitive
• If it does not pass in December 2006, the possibility of a subsequent Board vote is not
precluded
The arguments in favor of Board action are:
• The change is simply a matter of coming into compliance with our National By-laws so a Convention vote is not appropriate
• A change may not pass in 2006 and too much time has already passed
• APO may be vulnerable to legal liability if the issue is not addressed quickly and
decisively
• Waiting has not worked since 1976, there is no reason to believe it will work now
• The potential damage to the Fraternity’s image is a critical concern
• Waiting may continue impacting our ability to partner with individuals and organizations of value
• If it is brought to a Convention vote and does not pass, enforcing a Board decision will
become more difficult
Report on Open Membership Page 5
Members of all-male chapters were very positive about a fade-in process, feeling it represented a compromise on the issue. Those pressing for immediate change also expressed a willingness to accept a gradual implementation, as long as the decision to enforce open membership was definitive. The current range of discussion puts the fade-in period as anywhere from six months to four years, with one or two years as commonly mentioned compromises. The intent is to allow a reasonable opportunity for those who joined expecting a male only experience to complete their time in the chapter under those circumstances.
Based on the above input, the recommendation would be for a Convention vote in 2006 on a resolution affirming that all chapters will practice open membership without regard to gender, supported by a strong educational program on the merits of truly opening membership. The proposal would include a fade-in period of one or two years maximum. The reason for recommending a Convention vote is based on the strong opinion among all-male chapters that a vote would be necessary compared to the split perspective among Board members with strong opinions on both sides of the issue.
A significant factor in the split perspective among Board members is whether or not we are in violation of our National By-laws and Standard Chapter Articles of Association by allowing chapters to remain all-male.
One perspective is that we are in violation of Article III, Section 1 of the By-laws, which states, “Membership in Alpha Phi Omega shall be open to all students, upon the approval of the respective collegiate chapter and after fulfilling the Membership requirements prescribed by the National Fraternity and that Chapter.” The Standard Chapter Articles of Association Article III, Section 1, similarly state, “Membership in this Chapter of Alpha Phi Omega shall be open to all students. Membership in this chapter shall be granted only upon the approval of this applicant by the Chapter and after the applicant has fulfilled the Membership requirements prescribed by the National Fraternity and this Chapter.” By not being open to all members, all-male chapters are viewed to be in violation of both documents.
The other perspective is that the references to the chapters’ membership requirements allow for all-male chapters to remain all-male. This perspective is backed by a Convention vote in 1998 that re-affirmed that, while it was desirable for all chapters to open their membership, no chapters would be forced to accept women.
However, the above recommendation does not include input from Legal Counsel, an important voice in the process. After collecting the above input, Dick Schmidt was brought into the discussion.
Legal Counsel:
His opinion is that Alpha Phi Omega is currently in violation of its own By-Laws by allowing chapters to remain all-male. Further, he feels that, by having sought an opinion on the matter, the Fraternity’s liability is increased if the Board does not take action to correct the matter. To quote, “It would behoove the Board of Directors to clearly enunciate the policy of nondiscrimination and to promulgate these rules to the various people involved in supervising
Report on Open Membership Page 6
chapters as well as the local chapter leadership.” The full text of Dick’s letter is attached to this report as a PDF file.
During subsequent conversations, Dick stated his opinion that, if challenged by the Courts for violation of our own policies, the remedy imposed would likely be coming into compliance. He also indicated that he felt up to 18 months could be considered reasonable time to come into compliance but anything past that point was too long.
By necessity, the opinion from Legal Counsel greatly impacts how the Board should approach the issue of open membership. As such, this report recommends the following action, which is also stated at the start of this report.
Recommendation and Rationale:
The National Board directs all chapters to recognize that, while chapters are not obligated to accept transfer members into their chapter, duly initiated Brothers of Alpha Phi Omega should not be excluded from transferring their membership to another chapter solely on the basis of gender. As such, all chapters should open their membership to consider accepting transfer students, regardless of gender, beginning with the start of the fall 2005 semester.
The National Board approves the resolution that all chapters of Alpha Phi Omega will amend their By-laws and policies to truly open their membership to all students on
campus, regardless of gender, by the close of the winter 2006 semester. All chapters will be expected to begin allowing women to join Alpha Phi Omega starting no later than the fall 2006 semester. All chapters shall actively practice open membership in their recruitment policies and procedures beginning no later than the fall 2007 semester. This resolution shall be brought before the National Convention for ratification in December 2006 in Louisville, Kentucky.
To clarify, beginning immediately, all transfer students will be eligible to join all chapters. Beginning next fall, all chapters must be open to women but are not yet required to actively recruit women. This will allow time to develop both materials and the proper mindset for chapters. Beginning in the fall of 2007, we will begin looking carefully at our chapters to ensure that recruitment practices actively solicit members from all demographic segments on campus. At this point, enforcement begins in earnest.
In the event of a legal challenge to Alpha Phi Omega policy prior to the timetable above, it is understood that more immediate action may be needed as directed by a Court of Law.
Support:
Beginning this summer, significant education will be conducted on the nature of and reason for the change, directed at chapter members, alumni and staff. In addition to conversations at conferences, efforts will be made to visit all-male chapters to discuss the issue directly. The same will be attempted with alumni associations for those chapters.
Report on Open Membership Page 7
In addition, materials will be developed to assist all-male chapters in recruiting women to the chapter. At the same time, materials will be developed to assist all chapters, especially those defined by a single characteristic, to better recruit for diversity.
Officials at each of the co-educational schools with all-male chapters will be informed of the change. They will be solicited to aid in supporting the change as well as monitoring and enforcing compliance.
**ATTACHED FILE TRANSCRIBED**
MAY 27, 2005
LAW OFFICES
HAMMETT & SCHMIDT, P.C.
(address omitted for privacy)
LEE’S SUMMIT, MISSOURI 64086
_______
TELEPHONE (number omitted for privacy)
FAX (number omitted for privacy)
MAJOR D. HAMMETT BUCKNER, MO (phone number omitted for privacy)
RICHARD F. SCHMIDT (email address omitted for privacy)
May 26, 2005
Mr. Bob London
Alpha Phi Omega
14901 E. 42nd Street
Independence, Missouri 64055
Re: Fraternity Membership Policies
Dear Bob:
This will confirm our conversation concerning the fraternity’s membership policies with respect to the exclusion of various people due to their sex, sexual orientation, race or ethnic affiliation.
You had reiterated to me the policy of the fraternity to be all inclusive and the exclusion of certain groupings of individuals is not part of your mission or bylaws. You had indicated that there are a few chapters within the fraternity that systematically exclude certain individuals from membership which now has become a locally established policy.
While we agreed that it would be impractical and extremely difficult to monitor certain chapters with respect to this situation but the fraternity itself as well as local chapters subject themselves to liability with respect to any overt or even covert policies that discriminate.
This liability would present itself, not with on the occasion of an isolated case or questionable discrimination but due to the tacit approval by the Board of Directors that this conduct is acceptable. It would behoove the Board of Directors to clearly enunciate the policy of non-discrimination and to promulgate these rules to the various people involved in supervising chapters as well as the local chapter leadership.
In condoning such activity by silent acquiescence is tantamount to espousing a policy that is contrary to the aims, missions and bylaws of the national organization. It is my judgment that the fraternity and board of directors should establish and promulgate policies that are consistent with the all inclusive position that has been part of the fraternity for many years.
I hope that this letter will assist you in this regard so that the fraternity is not subject to criticism and liability for having tacitly approved a policy inconsistent with the aims of the fraternity.
Kindest personal regards.
Sincerely,
HAMMETT & SCHMIDT, P.C.
By **signed**Richard F. Schmidt
Richard F. Schmidt
RFS:jls
