This guide from Travelers, the insurance company for MJ Sorority clients, provides information on incorporating best practices and a prevention plan to help reduce the risks of slips, trips and falls at your business and on your premises.

Read More

Every year, up to 20 percent of the population in the United States contracts the flu virus. The effects of flu vary
from mild symptoms to severe illness and complications, including death. Disease experts have calculated that
once every 30 to 40 years, pandemic influenza affects people globally, resulting in a significantly greater number
of illness and deaths than the annual flu.

How flu spreads

Flu viruses spread in respiratory droplets through person-to-person or other close contact. Most adults can infect
others beginning one day before symptoms develop and from up to five to seven days after becoming sick. This
means that you can pass on the flu to someone else before you know you are sick, as well as while you are sick.
Human influenza viruses generally can survive on surfaces for two to eight hours.

Good health habits

Maintaining good health habits is important to keep you healthy and to minimize the spread of the influenza
virus. The Centers for Disease Control and Prevention (CDC) and other health organizations suggest exercising
regularly, getting enough rest and eating healthful balanced meals, in addition to a number of precautions to help
protect yourself and others from transmitting the flu. These precautions may include, but are not limited to:

  • Avoid close contact with people who are sick. Keep your distance from others to help protect them from getting sick too.
  • Stay home when you are sick. Prevent others from catching your illness.
  • Keep your hands clean. Wash your hands often and rub hands vigorously for at least 20 seconds. If you do not have access to water and soap, use alcohol-based gels or hand sanitizers.
  • Cover your mouth and nose. Use a tissue when coughing or sneezing to help prevent spreading the virus or, as the CDC suggests, sneeze or cough into your arm or sleeve. Viral droplets are less likely to spread doing this than coughing into your hands.
  • Avoid touching your eyes, nose or mouth. Germs are often spread when a person touches something that is contaminated with germs and then touches his or her eyes, nose, or mouth.

For additional information visit the CDC website. The information provided in this document by Travelers is intended for use as a guideline and is not intended as, nor does it constitute, legal or professional advice. Travelers does not warrant that adherence to, or compliance with, any recommendations, best practices, checklists, or guidelines will result in a particular outcome. In no event will Travelers, or any of its subsidiaries or affiliates, be liable in tort or in contract to anyone who has access to or uses this information for any purpose. Travelers does not warrant that the information in this document constitutes a complete and finite list of each and every item or procedure related to the topics or issues referenced herein. Furthermore, federal, state, provincial, municipal or local laws, regulations, standards or codes, as is applicable, may change from time to time and the user should always refer to the most current requirements. This material does not amend, or otherwise affect, the provisions or coverages of any insurance policy or bond issued by Travelers, nor is it a representation that coverage does or does not exist for any particular claim or loss under any such policy or bond. Coverage depends on the facts and circumstances involved in the claim or loss, all applicable policy or bond provisions, and any applicable law.

Read More

CDC recommends a three-step approach to fighting influenza (flu). The first and most important step is to get a flu vaccination each year. But if you get the flu, there are prescription antiviral drugs that can treat your illness. Early treatment is especially important for the elderly, the very young, people with certain chronic health conditions, and pregnant women. Finally, everyday preventive actions may slow the spread of germs that cause respiratory (nose, throat, and lungs) illnesses, like flu.

How does the flu spread?

Flu viruses are thought to spread mainly from person to person through droplets made when people with flu cough, sneeze, or talk. Flu viruses also may spread when people touch something with flu virus on it and then touch their mouth, eyes, or nose. Many other viruses spread these ways too.People infected with flu may be able to infect others beginning 1 day before symptoms develop and up to 5-7 days after becoming sick. That means you may be able to spread the flu to someone else before you know you are sick as well as while you are sick. Young children, those who are severely ill, and those who have severely weakened immune systems may be able to infect others for longer than 5-7 days.

What are everyday preventive actions?

  • Try to avoid close contact with sick people.
  • If you or your child gets sick with flu-like illness, CDC recommends that you (or your child) stay home for at least 24 hours after the fever is gone except to get medical care or for other necessities. The fever should be gone without the use of a fever-reducing medicine.
  • While sick, limit contact with others as much as possible to keep from infecting them.
  • Cover your nose and mouth with a tissue when you cough or sneeze. Throw the tissue in the trash after you use it.
  • Wash your hands often with soap and water. If soap and water are not available, use an alcohol-based hand rub.
  • Avoid touching your eyes, nose and mouth. Germs spread this way.
  • Clean and disinfect surfaces and objects that may be contaminated with germs like the flu.
  • If an outbreak of flu or another illness occurs, follow public health advice. This may include information about how to increase distance between people and other measures.

What additional steps can I take at work to help stop the spread of germs that can cause respiratory illness, like flu?

  • Find out about your employer’s plans if an outbreak of flu or another illness occurs and whether flu vaccinations are offered on-site.
  • Routinely clean frequently touched objects and surfaces, including doorknobs, keyboards, and phones, to help remove germs.
  • Make sure your workplace has an adequate supply of tissues, soap, paper towels, alcohol-based hand rubs, and disposable wipes.
  • Train others on how to do your job so they can cover for you in case you or a family member gets sick and you have to stay home.
  • If you begin to feel sick while at work, go home as soon as possible.

For more information, please visit www.cdc.gov/flu or call 1-800-CDC-INFO

Read More

This guide from Travelers, the insurance company for MJ Sorority clients, provides step by step instructions on how to develop a fire safety plan for your building.

Read More

This guide from Travelers, the insurance company for MJ Sorority clients, provides information for property owners on liability regarding sidewalks.

Read More

A pandemic is a global disease outbreak. An influenza pandemic occurs when a new influenza virus emerges for which there is little or no immunity in the human population begins to cause serious illness and then spreads easily person-to-person worldwide. Planning for pandemic influenza by business and industry is essential to minimize a pandemic’s impact.

The risk for infection can be reduced through a combination of actions. No single action provides complete protection, but a combined approach can help decrease the likelihood of transmission. To aid in pandemic contingency planning, the Occupational Safety and Health Administration (OSHA) has suggested the following steps that every employer can take to reduce the risk of exposure to pandemic influenza in their workplace, which also applies to our chapter facilities:

  • People who are sick with an influenza-like illness (ILI) (fever plus at least cough or sore throat and possibly other symptoms like runny nose, body aches, headaches, chills, fatigue, vomiting, and diarrhea) should stay home and keep away from others as much as possible, including avoiding travel, for at least 24 hours after fever is gone. (Fever should be gone without the use of fever-reducing medicine.)
  • Encourage employees and members to wash their hands frequently with soap and water or with hand sanitizer if there is no soap or water available. Also, encourage employees and members to avoid touching their noses, mouths, and eyes.
  • Encourage employees and residents to cover their coughs and sneezes with a tissue, or to cough and sneeze into their upper sleeves if tissues are not available. Employees and members should wash their hands or use a hand sanitizer after they cough, sneeze, or blow their noses.
  • Employees should avoid close contact with their coworkers and residents. They should avoid shaking hands and always wash their hands after contact with others. Even if employees wear gloves, they should wash their hands upon removal of the gloves incase their hand(s) became contaminated during the removal process.
  • Provide extra tissues and trash receptacles and a place to wash or disinfect hands for all guests, employees, and residents.
  • Keep work surfaces, desks, computers, and other frequently touched surfaces clean. Use only disinfectants registered by the U.S. Environmental Protection Agency (EPA), and follow all directions and safety precautions indicated on the label.
  • Discourage employees and members from using other people’s phones, desks, laptops, or other tools and equipment.
  • Minimize situations, such as in a meeting, where groups of people are crowded together. Use e-mail, phones, and text messages to communicate with each other. When meetings are necessary, avoid close contact by keeping a separation of at least 6 ft, where possible, and assure that there is proper ventilation in the meeting room.
  • Reduce or eliminate unnecessary social interactions, which can be very effective in controlling the spread of infectious diseases. Reconsider all situations that permit or require employees, members, and visitors (including family members) to enter the facility. Chapters may want to consider restricting/eliminating guest visitation options during an influenza pandemic.
  • Promote healthy lifestyles, including vaccination for seasonal flu, good nutrition, exercise, and smoking cessation. A person’s overall health impacts their body’s immune system and can affect their ability to fight off, or recover from, an infectious disease.

More detailed planning information is available from OSHA in Guidance on Preparing Workplaces for an Influenza Pandemic (OSHA 3327-02N). Information is also available from the U.S. Department of Health and Human Services (DHHS) at PandemicFlu.Gov. The Center for Disease Control (CDC) released a planning guide for small businesses.

Read More

The Indiana State Police have released a series of tips to help residents avoid carbon monoxide poisoning.  Carbon monoxide (CO2) is an odorless, colorless and tasteless gas that does not cause irritation to the eyes or throat.  Often victims don’t realize they are inhaling toxic gas until they become ill.  More than 500 people die annually from carbon monoxide poisoning.

Symptoms of carbon monoxide exposure:

  • Flu-like symptoms with no fever
  • Nausea, vomiting
  • Dizziness
  • Irregular breathing
  • Fatigue and weakness
  • Drowsiness
  • Headache
  • Confusion
  • Feeling better after leaving a particular structure but feeling ill upon return

Safety measures to prevent exposure:

  • Purchase a carbon monoxide detector for every level of your home.  Don’t ignore the alarm when it is activated.  Open the windows and leave the structure until the carbon monoxide has been located.
  • Have your traditional heating system inspected annually.
  • Never warm up a motor vehicle in a garage even if a door is open; have your vehicle checked for exhaust leaks.
  • Be sure all fuel burning sources like has and wood stoves, fire places and portable heaters are working properly and their flues or chimneys have been inspected.
  • Never burn charcoal indoors.
  • Never use a gas range or oven for home heating.
  • Never use gasoline or diesel powered electric generators in an enclosed area.
  • If the structure you are in is air tight and lacks ventilation, crack open a window for fresh air.

Excerpted from IndyStar.com

Read More Read More

This guide provides the ways, whens and hows of installing an automatic sprinkler system.

Read More

Athletic sports embody everything about the competitive spirit while teaching players about team dynamics and the rules of fair play. But there is some degree of risk in playing the game – especially if the limits of strength, endurance and speed are pushed. “Athletes who push the limits sometimes don’t recognize their own limitations…,” says the Centers for Disease Control and Prevention (CDC). This can lead to injuries and illness, including sprains and strains, heat illness, concussions and heart failure.

Educational institutions, both public and private, and parks and recreation departments that sponsor competitive sports programs should have a safety and health program that promotes sound practices to help athletes play it safe and stay healthy. Programs may vary depending on the age of participants and the level of competition. In all cases, they should be reviewed routinely to help ensure they are current and comply with applicable state laws and athletic association bylaws as appropriate. They also should review the best practices promoted by athletic associations, such as the National Collegiate Athletic Association (NCAA), the National Federation of State High School Association, state high school and middle school athletic associations and coaches associations, among others.  

Coaches, athletes, school officials and parents all play an important role in helping to ensure safe practices in competitive sports. When a player is not playing it safe or a health issue or injury is suspected, the player should be taken out of play. In instances of an injury or suspected injury or health issue, the player’s condition should be evaluated (including, as appropriate, an evaluation by a medical professional) and the player not returned to the game or sport program until medically released for play. Coaches and athletes should be trained in the signs and symptoms of health-related issues during conditioning, practice and play, including for heat illness, concussions and heart failure, among others, and take timely and appropriate responsive action to help mitigate the health impact.

Competitive sports – playing it safe programs and practices


Athletic programs should include sound risk control principles to help in injury prevention. Some program principles include, but are not limited to:

General risk management principles:

  • Hire qualified, certified coaches and athletic trainers
  • Establish and communicate a policy and procedure for reporting and addressing incidents of youth abuse and molestation. Educate all coaches, athletic trainers, athletes, other school officials and parents on your policy and procedure
  • Ensure all paperwork is signed and received before the start of the season, including: Annual consent and acknowledgment of risk of injury forms and waivers signed by athletes and/or parent, good sportsmanship/conduct forms signed by athletes, annual proof of individual, parental or institutional health insurance (covering sport injuries), an annual medical exam/evaluation and immunization record from a qualified medical professional, giving clearance to play a particular sport
  • Promote a drug-free environment

â—Ź Provide planned and supervised conditioning, practice, competition and travel
â—Ź Comply with applicable state laws and, for NCAA member institutions, all NCAA bylaws

Health, wellness and medical management:

  • Have medical resources/qualified medical professionals in place in the event of an emergency, including the capability of early defibrillation per your state law
  • Educate coaches and athletes on heat illness, sickle cell trait, heart disorders, staph infections (MRSA), sprain/strain and head injuries Put measures in place to mitigate the effects of extreme heat (rest breaks, fluids), and be prepared to respond to signs of heat illness. Provide conditioning and practice exercises within the capabilities of athletes for optimal readiness. Be aware of any medical restrictions for athletes regarding exercising and extreme heat. Teach athletes about the importance of good hygiene, especially regarding skin breaks, abrasions and skin infections, which could lead to staph infections/MRSA
  • Have a written catastrophic injury response plan
  • Have a written concussion management plan Consider the use of baseline testing for concussion management. Baseline testing provides a pre-injury capabilities score for memory, reaction times and cognitive processing and can help medical professionals make return-to-play decisions, post injury
  • Review OSHA’s blood-borne pathogens standard to determine its applicability to your program
  • Require a post-injury release form from a qualified medical professional before an injured athlete returns to play

Additional information for concussion mitigation and management

Concussions can be silent villains – the signs may not be readily detected. They can lead to brain damage, paralysis and, in some cases, death. To help coaches, athletes and parents identify and respond to concussions, a number of organizations offer information on concussion prevention and management, including the NCAA and the American Football Coaches Association. Additionally, the CDC, in partnership with leading organizations and experts, also provides Heads Up: Concussion in High School Sports. In addition to knowing the symptoms and what to do in the event of a concussion, “Heads Up” recommends a four-step Heads Up Action Plan before the season starts, as well as educating athletes and parents.

Facility and equipment:

  • Use safety standards when purchasing mandated personal protective equipment. Maintain and repair equipment at all times. Have a process for athletes to inform coaching staff when equipment becomes unsafe or illegal
  • Provide mandated protective equipment. Train athletes on and enforce use and proper fit
  • Routinely inspect your athletic area/facility, including the warm up area, and playing fields for maintenance, repair and good housekeeping
  • Be prepared for lightning. Education and prevention are key to avoiding risks associated with lightning strikes

An athletic program based on sound safety and health management principles can help schools and park and recreation departments play it safe!

The information provided in this document is provided by Travelers and is intended for use as a guideline and is not intended as, nor does it constitute, legal or professional advice. Travelers does not warrant that adherence to, or compliance with, any recommendations, best practices, checklists, or guidelines will result in a particular outcome. In no event will Travelers, or any of its subsidiaries or affiliates, be liable in tort or in contract to anyone who has access to or uses this information for any purpose. Travelers does not warrant that the information in this document constitutes a complete and finite list of each and every item or procedure related to the topics or issues referenced herein. Furthermore, federal, state, provincial, municipal or local laws, regulations, standards or codes, as is applicable, may change from time to time and the user should always refer to the most current requirements. This material does not amend, or otherwise affect, the provisions or coverages of any insurance policy or bond issued by Travelers, nor is it a representation that coverage does or does not exist for any particular claim or loss under any such policy or bond. Coverage depends on the facts and circumstances involved in the claim or loss, all applicable policy or bond provisions, and any applicable law.

Read More

What we have learned from the fall semester of 2020 that can help our clients as they potentially re-open in 2021:

  • Most campus outbreaks have been related to small and large gatherings without masking and without social distancing and have occurred in bars, in on and off campus residences, and in Greek housing.
  • Students with COVID-19 are frequently asymptomatic so universal masking, physical distancing and contact tracing with testing will help prevent transmission.
  • The virus is primarily transmitted via aerosols/droplets; therefore, property physical distancing in groups will help minimize the spread, along with universal mask requirements.
  • Ventilation is critical to reducing the transmission of the virus.
  • There is little evidence to show secondary transmission is occurring in student-to-student in instructional settings.
  • Though the issue with surface exposure has been shown to pose a lesser threat, high touch areas should still be cleaned and disinfected regularly.
  • It is essential to get the students involved in the public health practices and plans for the chapter house.
  • Students must be involved in planning, messaging and the development of safer social activities. Review our Planning Safer Events resource.
  • Herd immunity will only be achieved with widespread public acceptance of the vaccine.
  • Universities who provide frequent testing for COVID-19 asymptomatic or presymptomatic students enhance the health, safety, and well-being of the campus and broader community.
  • If a chapter house does allow for quarantined members, the room should have private bathroom facilities and be supplied with a thermometer, sanitizing wipes, tissue, soap, hand sanitizers and toiletries.

As in all things during the pandemic, it is critical that you be aware of what your national organizations and institutions are doing in terms of COVID-19 guidance and recommendations. The Greek system continues to be looked at for their leadership, and it is a great opportunity for the Greeks on every campus to show their support for the well-being of the fellow students, the campus and the broader community.

Read More

We have created this document in partnership with Heather Moore and Mark Sausser of Faegre Drinker Biddle & Reath LLP in an effort to help our clients address the components of an acceptable Housing Agreement.

Because laws vary widely from municipality to municipality, we recommend that you seek local legal counsel to develop your specific Housing Agreement; however, we hope that you will use the attached resource to avoid common potential pitfalls for Greek facility housing agreements. In addition to the attached checklist, your Housing Agreement should include an addendum listing the rules and requirements expected in a community living environment, as well as a description of how the House Corporation expects that the property be used.

We also recommend that you consider a similar document for non-resident members to follow (often referred to as a membership or parlor agreement) that describes the rights and expectations for non-resident members when they visit the chapter house. As always, should you have any questions or concerns, please do not hesitate to contact your Client Executive.

2020 Addendum: We review and publish the Important Terms for Housing Agreements each year in February for the MJ Housing Forum. Each year, we update the document based on trends and questions that Mark Sausser and Heather Moore from Faegre Drinker see, as well as any trends that MJ Sorority is seeing from our part in your contract reviews. We are all learning from the current experience of broad closings due to the COVID-19 global pandemic and took the opportunity to work with Mark and Heather to provide new language that we suggest that you add to future agreements to clarify closures caused by public health emergencies. The language Mark suggested is below:

Unexpected House Closure. In addition to the other termination rights granted to House Corporation in this Agreement, House Corporation may close the Chapter House and require the members to vacate the same in the event such action is required or encouraged by the University, or if the University has or will cancel or suspend in-person classes, whether due to public health emergencies, pandemics, communicable disease outbreaks or any other reason. In such case, the determination of whether payments made by or due from Member will be credited against future payments (or, with regard to seniors, refunded) will be made on a case by case basis, considering all factors, including the length of time the Chapter House is closed and the fixed expenses incurred by the House Corporation.

DISCLAIMER: This document does not constitute legal advice; it is merely a guide to key components for a housing agreement. The laws relating to the possession of property vary from state to state. Please consult experienced legal counsel when you are preparing housing agreements.

Not a lease. Call your document a housing agreement; do not use landlord/tenant/rent/lease language because those who reside in a fraternity or sorority (hereafter, “fraternity”) house do not have exclusive possession rights as tenants in an apartment complex do. In legal terms, your agreement is therefore not a lease but a license, although you need not use the term “license.” You can add language stating “this is not a lease.”
Payment terms. Each year strive to move closer to the university model: require payment in advance of moving in, either prior to the school year or at least prior to each semester. Consider requiring a direct draw from a credit card or bank account. If possible, the agreement should provide the university “checklist” or other enforcement actions which are available for use following a default by a member.

House Corporation Obligations and Student Rights. Under the housing agreement, obligations of the house corporation and rights of the student are expressly conditioned upon execution of the agreement by parents as parties to the agreement and not merely as guarantors. Parents are directly and fully liable for all obligations of the student under the housing agreement and are jointly and severally liable with student hereunder. Parents shall have no occupancy rights at the house as a result of the housing agreement. Parents acknowledge that they are directly and indirectly benefitted from having the student live in the house and that adequate consideration for entering into the housing agreement has been received.

Fraternity discipline and violation of University Rules or any laws. Provide that a member who is suspended or terminated from membership, is expelled or suspended from the university, or who violates the law is automatically in breach of her agreement and must move out of the premises immediately. A violation of university, fraternity or chapter rules should also be a breach. The agreement should allow the house corporation, at its discretion, to continue the house agreements in place if the chapter as a whole is put on probation, whether by the fraternity or by the university, or is forced to close operations. If the chapter is shut down due to disciplinary matters, it is likely that the owner will want the members out of the house. But if the chapter is closed simply because of a lack of numbers or due to university actions involving Greek organizations generally (e.g., campus-wide suspensions of Greek organizations), the owner may want to reduce its losses by having the members stay until the end of the current academic year.

Knowledge of discipline rules. In the agreement, members acknowledge that they have received, read, understood and agreed to follow all fraternity and university disciplinary rules.

Non-waiver. Provide that the house corporation’s failure to enforce provisions or protections in one instance do not constitute a waiver of its ability to enforce those provisions in future instances.

Who may reside. Provide that only full-time registered students who are members of the fraternity at the college or university may live in the chapter house. The members should agree that rooms may be assigned and reassigned at any time and that the owner need not resolve disputes among members or be responsible for actions of any other members. The agreement must expressly say that it is not assignable by the member.

Damage to House. It is helpful to provide that if the house is damaged and the responsible party is not identified, each of the members will be responsible for an equal share of the cost of repairing that damage and each of their housing deposits can be used to cover the cost of the damage.

Unexpected House Closure. In addition to the other termination rights granted to House Corporation in this Agreement, House Corporation may close the Chapter House and require the members to vacate the same in the event such action is required or encouraged by the University, or if the University has or will cancel or suspend in-person classes, whether due to public health emergencies, pandemics, communicable disease outbreaks or any other reason. In such case, the determination of whether payments made by or due from Member will be credited against future payments (or, with regard to seniors, refunded) will be made on a case by case basis, considering all factors, including the length of time the Chapter House is closed and the fixed expenses incurred by the House Corporation.

Deposits. To the extent permitted by local law, define deposits as “housing deposits” that can be used to remedy failure to pay house bills or to repair damage rather than “security deposits” as to which the law sometimes imposes more limits.

Absence/off campus study. Generally, members should agree to pay the housing fee whether they live in the house or not. It is advisable to have a specific provision about how to handle study abroad, internship and student teaching students, which may range from requiring full payment unless a substitute resident is found, to releasing students from further payments so long as timely notice is provided. (We have attached sample language for this purpose.) It also helps to have the agreements signed at a time when members are most likely to know whether they have been accepted for off campus study. The agreement should also address other hardship causes of absence that may arise (e.g., illness, death in the family, etc.), and provide that the house corporation has no obligation to release students from the agreement, but the house corporation in its sole discretion may decide to release students in certain extenuating circumstances.

Voluntary Move-Outs. The agreement is a binding contract and if a member “changes her mind” and wants to live out after she has signed an agreement, she would be in default. The agreement should be clear that in the event a member defaults by not moving into the house or by vacating the house early, the owner’s remedies would include a continuing obligation by the defaulting member to pay all amounts due under the agreement. Rarely is it possible for a replacement resident to be found after housing agreements have been signed and it is even harder mid-year so any “breakage fee” less than the whole amount due might not fully protect the owner. Because enforcing these provisions can be difficult, some organizations have elected to require a lump sum payment as a move out fee. These are generally enforceable, but as noted the likely result is that the owner will suffer economic loss.

Chapter house uninhabitable. Provide that if the chapter house becomes uninhabitable, the house corporation may use university housing or off-site housing as alternative housing; also, provide that the agreement may be terminated by the house corporation.

Member personal property (including cars). Put members on notice in the agreement itself that the house corporation does not (and cannot) insure members’ personal property on the premises (including cars in the parking lot), and that members must have their own coverage for such items. The agreement should also expressly release the chapter, the fraternity, and the local housing corporation from all liability for damage to the student’s property whatever the cause, including the negligence or the chapter, the fraternity, and the local housing corporation.

Breaks. Establish procedures for occupancy, or prohibiting occupancy, of the house for winter, spring and summer breaks.
Member release and indemnification of the house corporation. Because members are also currently insured under your policy, the release and indemnification from members need only extend to claims involving member personal property and claims not covered by your insurance.
Service Animals. Your agreement should permit their presence if both medically necessary and approved by the housing corporation. As a private club, you are not subject to the ADA legislation for the disabled, however, there may be state or local laws which apply allowing the animal. Animals that meet this area of law are dogs and miniature horses only.

Emotional Support Animals. Sometimes also referred to as therapy or assistance animals are a part of the Federal Housing Act (FHA) and can be any type of animal. Although there remains debate as to whether private clubs like a sorority chapter or local house corporation are subject to this legislation, there are stringent requirements of a landlord and this must be carefully considered.

Searches. Your agreement should permit the house corporation to search rooms at any time for any reason without prior notice or consent.
Items not permitted on the property. You should provide that members may not have the following items on the property: firearms; other weapons; illegal drugs/controlled substances; marijuana (listed separately because it is now legal under some state laws); alcohol (again, it should be separately listed because it is legal for some students under state law). Importantly, because marijuana is illegal under federal law, the house corporation may generally prohibit possession of medical marijuana and would not be required to permit its possession or use as a reasonable accommodation for disability.

Rules. A general set of rules, which can be modified from time to time, without the consent of the member or chapter, should be established. Those typically include no smoking, no candles, no roof access and no modifications of rooms.

Enforcement. Regardless of who the owner of the house is, the national fraternity and/or the national housing corporation should have the right to enforce the terms of the housing agreement. This is particularly true if the “owner” signing the agreement is the chapter.

Remedies. The agreement should give the owner, following a default, all rights and remedies at law. The agreement should also expressly say that the owner has the right to remove the student from the house following a default, but such removal does not release the student from her payment obligations. It is also helpful to have a provision which allows the owner to terminate a student’s agreement without a default if the owner determines at its sole discretion that the termination is best for chapter as a whole, but such a provision should also state that no payments should be due for the period after the student has moved out.

Sample Study Abroad/ Internship Provision ** Please note that this is just sample language and it would need to be modified to fit in the context of the applicable housing agreement.

Off campus study. If Resident is accepted into and elected to participate in a study abroad program or internship, she will be charged a $__________empty bed fee (the “Empty Bed Fee”) for the semester she is enrolled in the study abroad program, in lieu of paying the full payments due hereunder, provided that a copy of the acceptance letter related to such program is provided to the Chapter no later than __ months in advance. If Resident is required by the University to student teach, or engage in similar educational opportunities required by the University for her course of study, at a location 50 miles or further from the Chapter House, and provides notice within the time period set forth above, she may, in any such case, petition the Chapter for relief from the Empty Bed Fee. The Chapter House’s decision relating to relief from the Empty Bed Fee shall be at its sole discretion and shall be binding on Resident. As all situations are unique, prior determinations of the Chapter shall in no way bind or affect its determination with regard to Resident’s petition. If Resident is studying abroad or has accepted an internship and has located another member of the Chapter who is not living in the Chapter House and is willing to replace Resident as an occupant of the Chapter House, the Empty Bed Fee will be not be charged. Resident may only receive one exception during her tenure as a member of Chapter.

Read More