DELTA SIGMA THETA SORORITY, INC. A Service Sorority

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1 DELTA SIGMA THETA SORORITY, INC. A Service Sorority ALCOHOL AND ILLEGAL DRUG USAGE POLICY EXECUTIVE SUMMARY Delta Sigma Theta Sorority, Incorporated ( Delta ) is revising its alcohol and drug policy to ensure that, to the maximum extent possible, the policy protects members, the public, and Delta s interests and resources. With respect to alcohol use, the policy strictly prohibits the use of alcohol: by collegiate chapters and prescribes the circumstances and use by alumnae sorors at any event that reasonably could be characterized as a chapter event by an outside observer. The use of alcohol in any celebration of Founders day is strictly prohibited, as is the utilization of nightclubs as a venue. The policy prescribes the conditions under which the use of alcohol is permissible: at conferences and conventions; in association with any of Delta s trademarks; and by alumnae chapters. As it relates to drug use, the policy strictly prohibits the use of illegal drugs or controlled substances, including prescription drugs obtained without a prescription and including marijuana in those states that have approved its use. The only exception to this prohibition is medically prescribed marijuana. The policy provides that disciplinary action will be imposed upon anyone who violates the policy. All national and chapter officers, all members of Delta, and all sorors who attend any activity or event that reasonably could be characterized as a chapter event by an outside observer shall be responsible for reading and following the full policy. The below is only a summary of the policy. In enforcing the policy, Delta will apply a knew or should have known standard as it relates to the details of the policy. Read the full policy, but the salient points relating to the use of alcohol are: Collegiate Chapters: College chapters, members, and sorors are strictly prohibited from using alcohol or supporting the use of alcohol in any way. To facilitate compliance, collegiates are prohibited from the following: having alcohol available at any event; sponsoring or co-sponsoring an event where the host organization purchases or serves alcohol. 1

2 Alumnae Chapters: The prescribed practices relating to the use and sale of alcohol by alumnae chapters are these: alcohol must be served by a licensed, third-party vendor, with whom the chapter has entered into a written agreement; non-alcoholic options must be available at all event; food must be served at all events where alcohol is served; chapters shall not serve alcohol at any rush or intake-related activity nor hold such activities at establishments where alcohol is served except under expressed conditions when renting an enclosed area within an establishment that sells or provides alcohol beverages to other guests; chapters may not purchase alcohol using chapter funds nor pool resources from chapter members for use at events; chapters may co-sponsor an event provided the partnering host organization complies with Delta s third-party vendor server requirement. Delta shall expressly be excluded from the contract between the Chapter and co-sponsoring organization. A certificate of liability and liquor liability insurance shall be collected from the third-party vendor Photography, Video, Social Media: Members, sorors nor chapters shall not photograph, video nor post on social media or otherwise circulate via the internet or any method, images of attendees including themselves, drinking or handling alcoholic beverages at any chapter event. Conventions/Conferences: Except as specifically prescribed or authorized by the National President, alcohol shall not be served at Delta s convention or conference events. Delta assumes no responsibility or liability for any injury or damage relating to the use or consumption of alcohol at any chapter-sponsored event nor by any member of Delta or any attendee. Delta contracts for these events must expressly acknowledge and embody Delta s policy. Intellectual Property: No chapter, member, or soror shall use or authorize the use of any image of the Founders (individually or collectively) or any of Delta s intellectual property, including any iteration of its name, in the promotion of any alcohol, or at any event which does not comply with Delta s alcohol usage policy. Founders Day events: Chapters, members, and sorors shall not host Founders Day events at a night club or any venue where alcohol is being served. It is permissible, however, to host Founders Day events at licensed hotels and event space where alcohol is served provided the Founders Day event is held in a separate area. ************************** 2

3 I. BACKGROUND AND REASON FOR THE POLICY Delta is an Internal Revenue designated 501(c)(7) organization incorporated under District of Columbia not-for-profit law. Thus, officers and directors of Delta have a fiduciary duty to act responsibly and in the best interest of Delta at all times. Delta imposes a fiduciary responsibility on the officers of all chapters. That duty encompasses being informed of laws that affect the organization and promulgating and implementing policies that are consistent with applicable laws and with the policies of colleges and universities ( universities ) that host Delta chapters. One area where state legislatures and universities have taken action that requires Delta to reexamine its existing policy is that of alcohol consumption: many states have enacted or strengthened laws designed to ensure the safety of the citizens of their state. Universities likewise have promulgated polices designed to ensure student safety while also safeguarding the institution s resources. This heightened scrutiny results in large measure from the devastating consequences of intoxicated persons engaging in reckless behavior, including the overwhelming evidence linking violent behavior (including incidents of hazing) and sexual assault on and off college campuses to drinking and illicit drug use. Because of the variances in state laws and university policies; because college students invariably will include underage students; because the consequences for alcohol abuse are horrific (death, violence, sexual abuse); and because of the huge liability that would face Delta and/or one of its chapters for alcohol-related damages, the fiduciaries for Delta have determined that it is in the best interest of the Sorority to prohibit the use of alcohol by collegiate chapters and members, and to promulgate rigorous standards under which alumnae chapters and alumnae sorors may use alcohol. Promulgating a policy that strictly prohibits the use of illegal drugs or controlled substances, including prescription drugs obtained without a prescription (only medically prescribed marijuana is permissible, notwithstanding state law), promotes the above objectives. II. ALCOHOL A. COLLEGIATE CHAPTERS 1. This policy applies to all sorors and members including visiting alumna sorors of collegiate chapters of Delta matriculating in a college/university setting. 2. Delta strictly prohibits the use or consumption of alcoholic beverages at any collegiate chapter activity or event that reasonably could be characterized as a chapter event by an outside observer. Thus, no soror or member of Delta shall consume, dispense, share, serve, or otherwise distribute any kind of alcoholic beverages at any event that may reasonably be characterized as a collegiate chapter event, whether the event is a formal event or an informal, social gathering. Members, sorors and the chapter shall comply with the letter and the spirit of the prohibition policy. 3

4 Sorors, members and chapters shall comply with applicable federal and state laws related to alcohol and drugs; as well as the relevant college or university code of conduct, student handbook and regulation of student organization and activities. Failure to comply with any of these requirements shall be deemed to be violation of Delta s policy. 3. The following delineation is designed to ensure that collegiate chapters and collegiate members achieve strict compliance: a. In announcing or advertising a party or other event or activity, neither the chapter, member of the chapter or any soror shall announce, advertise, or mention -- through word of mouth; a flyer; any form of social media; or any other means -- that alcoholic beverages will be available at the party or event. Alcoholic beverages are strictly forbidden. b. No chapter, member of a chapter or soror shall post on the chapter s website or circulate on any form of social media or internet transmissions or otherwise distribute any videos or photos of anyone including herself drinking or handling alcoholic beverages at any event or while wearing or displaying Delta paraphernalia or at an event that could reasonably be characterized as a chapter event by outside observers. c. A chapter shall not sponsor, co-sponsor, or co-finance an activity at an establishment at which alcoholic beverage will be sold, given away, or otherwise provided to those present, except as specified in subsection (e) below of this section. Renting an enclosed area within an establishment that sells or provides alcoholic beverages to other guests would not constitute sponsoring or co-sponsoring. d. A chapter shall not co-sponsor, co-finance, or participate in (in any way) an event or activity in which the host chapter, organization, or group purchases, serves, or otherwise dispenses alcoholic beverages, except as specified in subsection (e) of this section. e. For any collegiate activity that the chapter traditionally has co-sponsored or cofinanced, or that is congruent with the chapter s service mission, at which alcoholic beverages will be served, the chapter may co-sponsor or co-finance the activity so long as all promotional materials, and all contracts, memoranda of understanding or other agreements include the following disclaimer: No portion of the funds contributed by The Chapter of Delta Sigma Theta Sorority, Incorporated have been used to procure or pay for the serving or dispensing of alcoholic beverages. The Chapter of Delta strictly prohibits the sale, consumption, or serving of alcoholic beverages at any of its activities. The Chapter of Delta assumes no responsibility for, and shall not be liable for, any injury or damage relating to the consumption of, or the sale, or serving of, alcoholic beverages by any person in attendance at this event. 4

5 f. A chapter shall not use chapter funds to purchase alcoholic beverages on behalf of the chapter, or for any member or guest of the chapter, or to participate in activities sponsored by other organizations. No funds collected by the chapter in any form may be used to purchase alcoholic beverages. This restriction prohibits the pooling of funds by individual chapter members or sorors to purchase alcoholic beverages for service and/or consumption at an event. g. At any event that reasonably could be characterized as a chapter event by an outside observer, no member or soror attending the event shall participate in any type of drinking game; no member or soror attending the event shall encourage any other member or soror to participate in any type of drinking game; and, under no circumstances shall any member or soror encourage or permit a prospective member of Delta to engage in any type of drinking game. h. Under no circumstances shall rush or intake-related activities be held or conducted at a club or an establishment that sells or otherwise distributes alcoholic beverages unless the activities have been specifically approved by the Regional Director. The Regional Director s approval may be granted if the area for the Delta event is enclosed and separate from the area where the establishment serves alcohol or if the whole establishment is closed for the exclusive use of the Delta chapter. The decision of the Regional Director is within her discretion after consultation with the first vice president, provided the above conditions are met. The Regional Director s approval of the venue for holding such activities shall not be construed as approval of the serving or dispensing of alcoholic beverages at such activities. B. ALUMNAE CHAPTERS 1. This policy applies to all chapters, sorors, and members of Delta who attend or sponsor any activity or event that reasonably could be characterized as a chapter event by an outside observer ( event or activity ), whether the event is a formal or informal event. Members, sorors, and the chapter shall comply with the letter and the spirit of the policy. 2. General Application - The following terms are designed to ensure that strict compliance is achieved: a. A chapter shall not sponsor or co-sponsor an activity at any establishment at which alcoholic beverages will be served, sold, given away, or otherwise provided to those present absent compliance with the following requirements: i. A third party licensed, bonded and insured vendor(s) (hereinafter vendors ) shall be contracted to serve, dispense, and/or sell the alcoholic beverages. Said contract with any vendor shall be between the vendor, the chapter and Delta. However, if 5

6 the vendor does not provide indemnification, Delta Sigma Theta Sorority, Incorporated (Delta) shall not be listed as a party to any agreement, and its name shall not be included in the agreement, except to identify the chapter. Absent indemnification, Delta shall expressly be excluded from the contract. A chapter shall not share profits with any vendor hired to sell, dispense, or serve alcoholic beverages at a chapter event. ii. The contract with the third-party vendor shall provide that the vendors; a) agree to be responsible for providing, dispensing, and serving all alcoholic beverages during the event; maintaining control of all alcoholic containers before, during and after the event; (b) have available non-alcoholic options, such as water and soft drinks; (c) shall not serve alcoholic beverages to anyone under the age of 21 years old (or the age stated in the applicable state law for serving alcoholic beverages), and agree that they will confirm the age of all individuals to whom alcoholic beverages are served; (d) will not serve alcoholic beverages to anyone who appears to be intoxicated; (e) agree to indemnify the chapter, its officers and members for any loss relating to or arising out of the service provided by the vendors; and (f) provide a certification of Liability Insurance, standard form ACORD 25, 2009 or later revision verifying Commercial General Liability coverage with a minimum limit of $1,000,000 each occurrence and $2,000,000 aggregate limits. The chapter of Delta Sigma Theta Sorority, Inc. and address should be the Certificate Holder and description block should name the event, date and state The Chapter of Delta Sigma Theta Sorority, Incorporated and Delta Sigma Theta Sorority Incorporated are added as an additional insured to the above commercial liability and commercial liquor liability policies with respect to this event. We have included Delta Sigma Theta Sorority, Incorporated in the additional insured request in an attempt to have the national organization added. iii. iv. The contract with the third-party vendor shall provide for the amount and type of insurance specified in chapter management financial policy documents, or as specified by Delta s insurance brokers. Consistent with standard practice, Chapters are required to purchase a rider for all events involving public attendees (non- Deltas). Chapters are also required to purchase additional insurance coverage as specified by Delta s broker (e.g., special events coverage) where the chapter allows alcoholic beverages to be served. Food shall be available at the event. b. A chapter may not co-sponsor, co-finance, or participate in (in any way), an event or activity in which the host chapter, organization, or group serves alcoholic beverages 6

7 unless they comply with the conditions delineated above in (a) i., ii., iii. and iv. c. If a chapter sponsors, co-sponsors or co-finances an event that reasonably could be characterized as a chapter event to an outside observer and allows guests, members or sorors to bring alcoholic beverages to the event (i.e., BYOB), the chapter shall observe the following policy strictly: (1) Any written agreement or promotional materials shall clearly reflect only the chapter s name (i.e., that it is the chapter and not Delta Sigma Theta Sorority, Incorporated that is hosting the event); (2) the written agreement and/or promotional materials shall state that Delta Sigma Theta Sorority, Incorporated Grand Chapter is not a sponsor of the event, has not approved the event, and shall not be responsible for the event or any injury or damage that may result from the event; and (3) the chapter shall obtain insurance coverage for the event at its own expense and in the name of the chapter. The amount and type of insurance the chapter shall purchase and any policy contingencies (such as making Delta Sigma Theta Sorority, Incorporated an additional insured ) shall be pursuant to the terms specified in chapter management financial policy documents, or as specified by Delta s insurance broker. There is no provision to add co-sponsors entities to Delta s existing insurance program. Chapters and co-sponsors shall purchase a special event policy in their locale, as specified by Delta s insurance broker. d. A chapter shall not use chapter funds to purchase alcoholic beverages on behalf of the chapter, or for any member, soror or guest of the chapter. No funds collected by the chapter in any form may be used to purchase alcoholic beverages. This restriction prohibits the pooling of funds by individual chapter members or sorors to purchase alcoholic beverages for service and/or consumption at an event. e. At any event that reasonably could be characterized as a chapter event by an outside observer, no member or soror attending the event shall participate in any type of drinking game; no member or soror attending the event shall encourage any other member or soror to participate in any type of drinking game; and under no circumstances shall any member or soror encourage or permit a prospective member of Delta to engage in any type of drinking game. f. No member or their guests shall consume alcoholic beverages while in the presence of minors who are attending or participating in any Delta youth initiative program (i.e., GEMS, Delta Academy, EMBODI, or any other Delta-sponsored youth program). A chapter shall not serve or have present alcoholic beverages at any rush or intake-related activities, at any candidates orientation, or at any chapter membership intake activity. g. A chapter shall not offer as a raffle gift any kind of alcoholic beverages; except for donated, enclosed gift baskets which may not be opened on the premises during the chapter s event. 7

8 h. No chapter, member of a chapter or soror shall post on the chapter s website or circulate on any form of social media or internet transmission or otherwise distribute any videos or photos of anyone including herself drinking or handling alcoholic beverages at any event or while wearing or displaying Delta paraphernalia or at any event that reasonably could be characterized as a chapter event by an outside observer. C. CONFERENCES AND CONVENTIONS Except as specifically prescribed or authorized by the National President for celebratory occasions, alcohol may not be served at Delta s Conferences or Convention. Delta assumes no responsibility for, and shall not be liable for, any injury or damage relating to the consumption, sale, or serving of alcoholic beverages by any soror, member of Delta or any guest attending any Delta conference or convention activities. All contracts for banquets or other events shall include language embodying Delta s alcohol policy. It shall be clear in contracts and printed programs that receptions or events sponsored by third parties during a conference or convention and at which alcoholic beverages will be served or sold shall not be deemed a Delta event. D. DELTA S LOGOS AND NAMES AND /OR IMAGES OF DELTA S FOUNDERS No chapter, member, or soror may use, or authorize any other individual, business entity, or organization to use, the name or image of Delta s Founders (individually or collectively), any iteration of Delta s name, or any Delta trademark (names, symbols or logos) on any alcoholic beverage or in the promotion of any alcoholic beverage in any manner. E. DELTA FOUNDERS DAY CELEBRATION 1) No chapter, member, or soror shall sponsor, co-sponsor or authorize any other individual business entity organization to host Delta Founders Day celebration in a nightclub, bar, or any venue where alcoholic beverages are distributed concurrent with the Founders Day celebration. Renting a closed area within an establishment that sells or provides alcoholic beverages to other guests would not violate this policy. 2) Informal Founders Day Celebration Fundraisers to support the chapter s service mission may be sponsored, co-sponsored or co-financed, provided the name or image of Delta s Founders, any iteration of Delta s name or any Delta trademark (names, symbols or logos) is not used. 8

9 III. DRUGS 1) No chapter, member or soror shall possess, distribute, or use illegal drugs, controlled substances, prescription drugs obtained without a prescription or drug paraphernalia while attending or participating in any activity or event that reasonably could be characterized as a chapter or Delta event or activity by an outside observer. 2) To reiterate, Delta strictly prohibits the use of all illegal drugs, including marijuana in those states that have approved its use. The only exception to this prohibition is medically prescribed marijuana. IV. DUTY TO REPORT A. Violation of Policy Sorors are to report any violations of this policy immediately. Reports of violations should strictly proceed in the successive following order: to the chapter president; the chapter advisors; and the Regional Director and Regional Representative; and Executive Director of Delta. If the chapter president and/or chapter adviser is involved, or if an appropriate response is not received from the Regional Director or Regional Representative, sorors should immediately escalate the reporting to the National Vice President. Contacting the Executive Director directly, at any time, is always an option. B. Claims Sorors have a duty to report injuries or incidents that could lead to a claim under the general liability insurance. Reporting of incidents shall be made within 48 hours of the incident. Failure to report a claim within the prescribed notification period may void coverage of this claim. Any such incident shall be reported to your regional director, the Executive Director or her designee and our broker: Professional Insurers and Associates, Inc Old Branch Avenue, E-104 Clinton, MD Phone: Fax: professional.insurers@verizon.net V. DISCIPLINE Failure to follow this policy or any other approved Delta policy shall result in disciplinary action, up to and including revocation of membership as outlined in the organization s Code of Conduct. 9

10 VI. DEFINITIONS 1. The following definitions are applicable to this policy: Term Definition a. Delta Commonly known as Delta Sigma Theta Sorority, Inc. b. Delta Sigma Theta The Grand Chapter of Delta Sigma Theta Sorority, Inc. Sorority, Incorporated c. Chapter The local branch of the Sorority designated by geographic location or college or university campus that consists of members who have paid dues to Grand Chapter and the chapter. d. Co-Host A joint hosting of an event. e. Co-Sponsor An organization who gives money or support with another. f. Grand Chapter Includes all Members of Delta. g. Intellectual Property Delta s trade secrets, copyrights, trademarks, service marks and patents, including, but not limited to, word marks, logos, symbols, crest, seal, Greek-letters, name, etc. h. Member Any soror who pays dues to a chapter and to Grand Chapter, or who pays a member-at-large fee, or those exempt from payment of Grand Chapter dues and fees. i. Soror A woman who has been duly initiated into the sorority j. Reasonably characterized as a Delta event by outside observers Any event pre-planned or spontaneous; discussed during a chapter meeting or executive board meeting; advertised through any mean; an event where chapter funds are utilized in any way; an event planned by chapter officers or members; an event that occur as a result of another chapter function (i.e. post initiation party); any event construed as chapter related; an informal gathering of sorors who are wearing the sorority colors (red/crimson and/or white/crème). k. Third Party Vendors A licensed, bonded and insured company not affiliated with or owned by Delta whose business includes the provision and licensing of event space/venues. l. Alcohol and Alcoholic Beverages Any beverage containing not less than 0.5% alcohol by weight Or Include, but are not limited to beer, near beer /low-alcohol beer, and malt beverages; wine and low-alcohol wine; distilled spirits such as whiskey, vodka, rum, gin, tequila, and liqueurs or fortified alcoholic beverages, that are consumed for nonmedicinal purposes. m. Illegal Drug Controlled substances and analogs as defined by federal and state law. This also includes substances with psychoactive properties as well as use of legal drugs absent a prescription. 10

DELTA SIGMA THETA SORORITY, INC. A Service Sorority

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