Restoring Clarity to Our Fraternity Laws

In the coming days Chapters Collegiate and Alumni Associations of our Fraternal Association will be asked to vote on a proposed amendment to the Fraternity Laws. While this amendment is both technical and legal, this type of language is required in order to accurately clarify how our Fraternal Association is organized and governed.

This amendment does not change the Fraternal Association’s mission, values, or commitment to supporting its Fraternal Entities and their members. Nor does it change the day-to-day independent operations of Chapters Collegiate.  Instead, this amendment restores language that more clearly describes the longstanding relationship between the Fraternity Service Center and all Fraternal Entities while reaffirming the roles of each.

Why is this amendment being proposed?

Sigma Alpha Epsilon is a Fraternal Association composed of Chapters Collegiate and Alumni Associations.   The Fraternity Service Center provides education and administrative support to these Fraternal Entities.  At the same time, Chapters Collegiate remain responsible for managing their own local affairs, electing their officers, conducting their activities, and making decisions consistent with the Fraternity Laws and applicable policies.

During the comprehensive revision of the Fraternity Laws in 2017, substantive protective legal language that described this organizational structure was removed. While the Fraternity’s governance practices did not change, the governing documents no longer expressed those foundational organizational principles with the same clarity.

The proposed amendment restores that language so the Fraternity Laws once again accurately reflect the structure under which Sigma Alpha Epsilon has long operated.

What does this amendment change?

For most Fraternal Entities the answer is very little.

The amendment does not change how Chapters Collegiate conduct their day-to-day operations. The amendment does not create new responsibilities for chapter officers or chapter members. The amendment does not reduce the Fraternity Service Center’s education, services or expectations to Chapters Collegiate regarding health and safety, risk management, education, or accountability.

Instead, the amendment clarifies the respective roles of the Fraternity Service Center and all Fraternal Entities and restores language that has historically been part of the Fraternity’s governing documents.

What does this mean for Chapters Collegiate?

Chapters will continue to operate just as they do today.

They will continue to:

• Elect their own officers.
• Manage their own local operations.
• Comply with the Fraternity Laws and applicable policies.
• Participate in educational and leadership programs.
• Work with Province Officers, Chapter Advisors, alumni volunteers, and Fraternity staff.

Likewise, the Fraternity Service Center will continue to:

• Promote organizational standards.
• Promote health and safety.
• Provide educational resources and leadership development.
• Support chapters through staff and volunteers.
• Enforce the Fraternity Laws and hold chapters accountable when necessary.

Nothing in this amendment changes these responsibilities.

What this amendment does not do:

The proposed amendment does not require Chapters Collegiate to purchase additional insurance or assume new legal responsibilities other than the act of chapter incorporation.  For those chapters not currently incorporated the Fraternity Service Center will assist in this necessary process.

The proposed amendment does not reduce the Fraternity Service Center’s commitment to education, chapter support, health and safety, or accountability.

The proposed amendment clarifies responsibilities.

The proposed amendment restores language that more clearly describes the longstanding relationship between the Fraternity Service Center, Chapters Collegiate and Alumni Associations and reaffirm the governance structure under which Sigma Alpha Epsilon has operated for many years.

This amendment restores clarity, not new authority. Indeed, the amendment emphasizes the independence of Chapters Collegiate to engage in self-governance so long as it is done in conformity with the Fraternity Laws, the regulations of their host institution and the laws of the state in which they are located.

Looking Ahead

Strong organizations periodically review and update their governing documents to ensure they accurately reflect how the organization is structured and operates. This proposed amendment is part of that ongoing effort.

The Permanent Committee on Fraternity Laws has carefully reviewed this proposal and believes it will strengthen the Fraternity’s governing documents by restoring longstanding organizational language and providing greater clarity for future generations.

Steve Mitchell (Indiana ’83)
EMINENT SUPREME RECORDER

Understanding the Proposed Fraternity Law Amendment: Frequently Asked Questions

Why is this amendment being proposed?

This amendment restores language that historically existed in the Fraternity Laws and clarifies the longstanding relationship between the Sigma Alpha Epsilon Fraternity Inc., an Illinois nonprofit corporation, which operates as the Fraternity Service Center and supports the mission of the Fraternal Association, which consists of Chapters Collegiate and Alumni Associations. The goal is to ensure that the Fraternity Laws accurately describe this legal structure under which our organization has historically operated since our founding in 1856.

Is this amendment changing how the Fraternity operates?

No. This amendment does not change the day-to-day operations between the Fraternity Service Center and the Fraternal Association which consists of Chapters Collegiate and Alumni Associations. Rather, this amendment clarifies and restores language describing the respective roles and responsibilities of the Fraternity Service Center and the Fraternal Entities it supports.

Why is this being considered now?

During the comprehensive revision of the Fraternity Laws in 2017, protective legal substantive language describing the Fraternity’s legal and organizational structure was removed. While the Fraternity’s governance practices did not change, these governing laws no longer clearly expressed those foundational organizational principles or its proper legal structure with the same clarity. This amendment will restore that clarity.

Does this affect the services provided by the Fraternity Service Center?

No. The Fraternity Service Center will continue to provide educational resources, administrative services, promote health and safety, require reporting, and engage in post conduct discipline of Chapters Collegiate and their members when appropriate.

Does this reduce accountability for Chapters Collegiate?

No. Chapters Collegiate and their members remain fully accountable for complying with the Fraternity Laws, applicable policies, host institution requirements and all applicable laws.

Will Province Officers, Chapter Advisors, and volunteers continue providing guidance, education and resources?

Yes. Nothing in this amendment changes the important role played by Province Officers, Chapter Advisors, Chapter Advisory Boards, alumni volunteers, or Fraternity Service Center staff. These individuals will continue providing education, resources, and guidance that is consistent with the Fraternity Laws.

Do these amendments affect the Fraternity’s commitment to health and safety?

No. The Fraternity Service Center remains fully committed to providing health and safety education, supporting chapters and promoting responsible decision-making throughout the Realm.

Why does the amendment emphasize the independence of Chapters Collegiate?

Sigma Alpha Epsilon has long operated on the principal that Chapters Collegiate, as registered student organizations at their host academic institution, are independently responsible for their own local governance and operations in conformity with the Fraternity Laws. This amendment restores language that more clearly reflects that longstanding independent organizational structure.

Will Chapters Collegiate be required to purchase additional insurance if this amendment is adopted?

No. This amendment does not create any new insurance requirements.  Chapters Collegiate will continue to be responsible for their own operations and will remain subject to the same insurance requirements, health and safety standards, and risk management policies that exist today.

The purpose of this amendment is to clarify the longstanding organizational relationship between the Fraternity Service Center and the Fraternal Association which consists of Chapters Collegiate and Alumni Associations by restoring language that more accurately reflects how Sigma Alpha Epsilon is structured and governed. By doing so, the amendment helps ensure that responsibility is appropriately assigned to the Fraternal Entity engaging in the activity in question and permit the Fraternity Service Center to continue providing education, resource and support to Chapters Collegiate.  It also ensures that the relationship between the Fraternity Service Center and Chapters Collegiate is accurately described in the Fraternity Laws.

Will this amendment affect alumni associations or house corporations?

No.  The amendment clarifies the relationship between the Fraternity Service Center, Chapter’s Collegiate and Alumni Associations.

What happens after the amendment is adopted?

Following adoption, the Fraternity Service Center will continue implementing supporting initiatives, including educational materials, organizational agreements, and guidance documents to ensure that all Fraternal Entity members, volunteers, advisors, and officers clearly understand their respective roles and responsibilities.  Importantly, those Chapters Collegiate which are unincorporated will receive assistance from the Fraternity Service Center to incorporate.  If all Chapters Collegiate are incorporated this creates the strongest protection not only for each Chapter Collegiate but all Fraternal Entities as well as the Fraternity Service Center.