UD to hold new hearing on ATO charges

The Alpha Tau Omega fraternity house on Courtney Street

3 p.m., Feb. 16, 2005--The Alpha Tau Omega fraternity at the University of Delaware will receive a new hearing on several alleged violations of the Student Code of Conduct that occurred at a Sept.12, 2004, party, the University announced today. Early that morning, a freshman woman who became intoxicated at the party was killed by a passing train while walking along nearby railroad tracks.

By rehearing the case, the University hopes to lay to rest the fraternity’s challenge to the University’s judicial system procedures.

When ATO recently filed its court papers challenging the University’s suspension of the fraternity, UD learned that an e-mail sent by fraternity officers requesting a rescheduled hearing was never received. The University’s Information Technologies group investigated and found that the e-mail had been sent but wasn’t received by the Judicial Affairs Office because of a technological failure.

After receiving a postponement of its first hearing to suit fraternity officers’ exam schedules, ATO found that its judicial adviser would not be available on the rescheduled date. Its officers then sent the e-mail asking for yet another hearing date. That e-mail was never received, and the University was unaware of the request for another extension. ATO did not mention its request in a letter sent the next day to the University, nor did its student representatives repeat that request at the hearing.

While the University does not believe the adviser’s absence made a difference to the outcome of the hearing, it has decided, nevertheless, to conduct a new hearing. That hearing will be conducted under the University’s standard disciplinary procedures. ATO will receive notice shortly of the charges to be considered, and a date for a new hearing will be determined.

At the earlier hearing, ATO was found guilty of alcohol and safety violations and suspended through spring 2009. Those sanctions have been withdrawn.

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