The Middlewesterner - December, 2003

<body> <HTML> <HEAD> <link REL="shortcut icon" HREF="http://www.kapsimwp.com/Pics/Kappa.icon.gif"> <title>The Middlewesterner - December, 2003</title> </head> <body text="#8B0000" bgcolor="#DBDB70" link="#000000" vlink="#8B0000"> <table COLS=3 WIDTH=100% > <tr> <td WIDTH=25%><img src="http://www.kapsimwp.com/Pics/COASmall.c.gif" ALT="Coat-of-Arms"></td> <td VALIGN=TOP> <center> <b><i><font size="7">The Middlewesterner</font></i></b> <br></FONT> <font size="3"> <B>December 2003</B> </center> </td> <td WIDTH=25%> <div align=right><img src="http://www.kapsimwp.com/Pics/MapMWProv.c.gif" ALT="Province Map"></div> </td> </tr> </table> <CENTER> <hr WIDTH=100%></center> <A NAME = "PP Message"> <img src="http://www.kapsimwp.com/Pics/Crumbley.Elmer.jpeg" ALIGN=RIGHT HEIGHT=200 BORDER=1 ALT="Elmer J. Crumbley - Middle Western Province Polemarch"> <font size=5> <B>Message from the Province Polemarch</B></font><P> <font size=3> My Dear Brothers,<P>      I wish you and your family a very Blessed Christmas and a happy and prosperous New Year!<P>      With this being my first correspondence to the Brothers of the Middle Western Province as your Province Polemarch, let me say that I am honored to serve each of you as your Province Polemarch. I am humbled by this appointment by our <B>30th Grand Polemarch Samuel C. Hamilton</B>. I am mindful of the words of Past Grand Polemarch and Elder Watson Diggs Awardee <B>Brother W. Henry "Stud" Green</B>, when he speaks of brotherhood and Kappa knowledge in his beloved poem, <I>Kappa Of My Dreams</I>. Brother Green writes about having Polemarchs selected by drawing straws. The Middle Western Province's strength is the knowledge base of its members not only in Kappa history and traditions but also <I>"in every field of human endeavor."</I><P>      Immediate <B>Past Province Polemarch Adolphus Pruitt, II</B> is to be commended for charting a course of action delivering our province out of past difficult times. Brother Pruitt, on behalf of all Brothers of the Middle Western Province let me take this time to say THANK YOU for all that you have done!<P>      It will be the goal of this administration to continue the positive influence and leadership of the Middle Western Province throughout Kappa Alpha Psi. The cornerstone of my administration will be to preserve Kappa for future generations! This will become a reality by having our membership true to Phi Nu Pi and the oath we have taken at our initiation whether that was sixty days or for that matter sixty years ago.<P>      In looking back at the year 2003, the Middle Western Province has a lot to be thankful for and proud of:<P> <UL> <LI>The election to the Grand Board of Directors of <B>Brother Phillip E. Hodges</B> of the Eta of Kappa Alpha Psi at our 76th Grand Chapter Meeting in Charlotte, NC. <LI>Awarded the "Outstanding Website Award" for content at our 76th Grand Chapter Meeting in Charlotte, NC. <LI>The appointment of your Province Polemarch as National Committee Chairman for Chapter Advisors. <LI>The successful Province Council in Lincoln, NE, a city rich in Kappa history hosted by Lincoln Alumni and the Eta of Kappa Alpha Psi. <LI>A successful Undergraduate Leadership Summit hosted by the University of Missouri, the Delta Omega of Kappa Alpha Psi. <LI>A very productive C. Rodger Wilson Leadership Conference hosted by the Metropolitan Oklahoma City Chapter, the Epsilon Gamma of Kappa Alpha Psi. <LI>Numerous Undergraduate and Alumni chapters in our province have been recognized by their local communities for enhancing the quality of life of its citizens. </UL>      Brothers, we have a lot to be thankful for. Again may 2004 bring each of you all that you wish for in peace, love, happiness, and good health. I look forward to seeing the Brothers of the Middle Western Province as we together move ahead in the spirit of Phi Nu Pi!<P> Yours in the Bond,<BR> Elmer J. Crumbley - Polemarch<BR> Middle Western Province<BR> <a href="mailto:Polemarch@KAPsiMWP.com">Polemarch@KAPsiMWP.com</a> <P> </FONT> <hr WIDTH="100%"> <A NAME = "GC Report"> <font size=5> <B>General Counsel Report</B></font><P> <img src="http://homepage.mac.com/kapsimwp/Kameo/S/Shelton.Reuben.79th.jpeg" ALIGN=RIGHT BORDER=1> <font size=3> <CENTER> By Reuben A. Shelton, III<P> </CENTER> Brothers, the first semester is just about completed for our undergraduates and many of our college chapters will end 2003 with some brand new faces as a result of the recent cluster initiation at the C. Rodger Wilson Leadership Conference in Oklahoma City. I love leadership conferences because they give us "old heads" a chance to interact with the future of the Fraternity and, hopefully, impart some wisdom they can use as they traverse the many pitfalls that lie before them.<P> I especially enjoy <B>Brother Elmer Crumbley's</B> CRWLC session for chapter advisors. Brother Crumbley does an excellent job in molding and mentoring the province's chapter advisors and now will impact all advisors of the Fraternity as he takes on his new Grand Chapter role. I commend and congratulate <B>Grand Polemarch Sam Hamilton</B>, for recognizing Brother Crumbley for his talent and leadership skills and I am especially proud and excited that Brother Crumbley will now lead us as Province Polemarch. I know you will all join me in offering all we have in support of his administration. Congratulations Brother Province Polemarch.<P> As I sat in Brother Crumbley's session last month, I realized I should dust off a column I wrote last year to remind chapter advisors that they have a serious job to do and discretion is not the better part of valor when dealing with the Fraternity's intake process. Advisors have no discretion when implementing the intake process and those who choose to vary from the MIOP provisions do so at serious risk to themselves and their assets.<P> Here is the column from last year. Read it very carefully.<P> <I><B>Advice to Advisors: Know Your Job, Do Your Job</B></I><P> Chapter advisors are a critical component of our noble clan. They are the fraternity's guidance counselors for our undergraduates and our foot soldiers or first line defense against the senseless, insane acts of brutality that have plagued our integrity and strained our coffers. Advisors put a lot on the line and we owe them our gratitude but, more importantly, our support and guidance to help them do a vital job.<P> This need for support is highlighted in a recent appellate court ruling in Pennsylvania in a case styled <U><I>Satana Kenner v. Kappa Alpha Psi</I></U>. In that case, Kenner sued the Fraternity and several members, including the chapter advisor and certain other officials of Kappa, for personal injury sustained from hazing activities. The trial court entered judgment, without trial, in favor of the Fraternity, the chapter advisor, and the member officials. The trial court concluded that none of those defendants owed a duty of care to Kenner. Kenner then appealed the trial court's ruling to the intermediate appellate court in Pennsylvania and, in an opinion filed June 19, 2002, the appellate court changed the trial court's ruling in several very important ways.<P> The court, first, found the Fraternity has a duty to candidates to protect them from hazing activity, contrary to the lower court ruling. The appellate court found that because candidates pay an application fee to Grand Chapter for membership, there is, at a minimum, a contractual relationship that creates obligations for both parties (candidate and Fraternity). The court also found that hazing action, and the resulting harm from it, are clearly foreseeable and is in society's interest to prevent such activities. Based on these findings, the court found a Fraternity duty to protect candidates from acts of hazing. The good news is that, although the court found there is a duty, it also found the Fraternity did not violate or breach that duty with respect to Kenner and upheld the lower court's ultimate ruling that the Fraternity is not liable for plaintiff's injuries.<P> Likewise, the appellate court found the individual defendants also have a duty to guard against hazing but that Kenner failed to show how they breached any duty of care to him and upheld the trial court's ruling dismissing those folks from the case.<P> The chapter advisor did not fair as well. The appellate court reversed the trial court's ruling and sent the case back to the lower court for further proceedings on the advisor. The court found the advisor failed to perform his duties in several respects and such failure could form the basis for liability under negligence principles of law. The court found the advisor allowed an "interest meeting" at a time when such meetings were not allowed. The court further noted the advisor failed to discuss hazing with the candidates and did not advise them of various Executive Orders, or provisions in the Fraternity Constitution and statutes regarding hazing. The court finally noted that the advisor did not understand the membership intake process and did not adequately monitor chapter activities that occurred after the informational meeting. The court, essentially, found there is enough factual basis upon which a jury could find the advisor failed to sufficiently do what is, minimally, required of chapter advisors.<P> This type of ruling could send chapter advisors running for the hills but there are simple safeguards against these types of lawsuits. <U><B>KNOW YOUR JOB, DO YOUR JOB</B></U>. Here are ten (10) simple rules for chapter advisors to protect themselves against this type of attack.<P> <OL> <LI>Thoroughly learn all the details of the intake manual/process and follow them religiously. <LI>Thoroughly learn provisions of all Executive Orders, the Constitution, and Statutes of the Fraternity. Then, discuss, in detail, applicable provisions with all new candidates and chapter members. <LI>Document your relationship with your chapter. Put in writing what you demand and expect of chapter members and what they can expect from you. <LI>The chapter should never meet without your presence (you should document this requirement in your expectations). <LI>Remember, you are the chapter advisor, first. The members' friendships are secondary to your mission and duties. <LI>Never overlook chapter transgressions and immediately act upon them, report them, and document them appropriately. <LI>Rarely delegate your duties and responsibilities. When you have to delegate, do so to individuals who will perform your duties as you would. <LI>Stay in frequent contact with chapter members. Constantly keep current on chapter activities. <LI>Don't fear saying "no" to inappropriate chapter/member activities. <LI>Take tremendous pride in your job and what you do for the Fraternity. </OL> The Kenner decision is initially daunting. Surely, it will raise much concern among chapter advisors throughout the nation. Keep in mind, though, that this decision could have easily turned favorably for the chapter advisor. All actions by the advisor that the court relied on in it's ruling, violate one or more of the principles enumerated above. Advisors should take comfort that courts are not out to get them. Remember, the advisor won in the trial court. Only assume this responsibility after you decide you have the time and commitment to handle it. Then it is just a matter of KNOWING YOUR JOB AND DOING YOUR JOB WELL.<P> Until next time, I am . . .<P> Yours in the Bond,<BR> Reuben A. Shelton (Past Province Polemarch)<BR> General Counsel<BR> Middle Western Province<BR> <a href="mailto:GeneralCounsel@KAPsiMWP.com">GeneralCounsel@KAPsiMWP.com</a> </FONT> <hr WIDTH="100%"> <A NAME = "Chapter Invisible"> <font size=5> <B>Chapter Invisible?</B></font><P> <font size=3>      Brothers, we now have a <A TARGET="_blank" href="http://www.kapsimwp.com/Rosters/Invisible.html"><B>CHAPTER INVISIBLE</B></a> page on our province website, and we need your assistance in making it more accurate. We request that you review that site and provide updates to our <A HREF="mailto:KeeperOfRecords@KAPsiMWP.com">Province Keeper of Records and Exchequer</A>. Please help us fill in the blanks and also provide us with any additional brothers to be memorialized.<P> </FONT> <hr WIDTH="100%"> <A NAME = "Virtual Museum"> <font size=5><B>Visit Our <A TARGET="_blank" HREF="http://www.kapsimwp.com/Museum/Museum.html">Virtual Museum</A></B><P> </FONT> <font size=3> The Middle Western Province <A TARGET="_blank" href="http://www.kapsimwp.com/Museum/Museum.html">Virtual Museum</A> is slowly but surely growing. The site is designed to preserve and display documents, photos and other articles of historical significance about chapters in our province, as well as our province-at-large. For this project to be successful and grow even more, we ask each of you to examine your archives in search of items that would be appropriate for inclusion in the museum. Many chapters are not yet represented here. Our highest priority at the moment has to do with the kinds of items that <U><B>MUST</B></U> be digitized for permanent keep before they might be destroyed by deterioration or otherwise lost forever.<P> Obviously a work in progress, we will eventually provide "captions" for items currently archived in our museum that are not self-explanatory. As you submit items for inclusion, we ask that you provide an accompanying explanation where appropriate. For instructions on how to submit documents and photos in a suitable format, please contact our Museum Curator at <a href="mailto:Museum@KAPsiMWP.com">Museum@KAPsiMWP.com</a>. </FONT> <hr WIDTH="100%"> <A NAME = "Address Change"> <img src="http://www.flash.net/~cwmorgan/GIFM/question.gif" ALT="Question Mark" ALIGN=LEFT> <font size=5> <B>E-Mail Addresses</B></font><P> <font size=3>    The technology of the Internet has become more than a luxury in the year 2003. Business and personal communication is now "defined" by an E-mail address and connection to the World Wide Web. Our province is clearly committed to the maximum use of this medium, and we can only be successful with your help. Should you change your E-mail address, please remember to notify us as soon as possible. And please help us identify every other member of our province who may have access to this technology. Spread the word!<P> </FONT> <hr WIDTH="100%"> <A NAME = "EMPORIUM"> <font size=5> <B>Visit the Middle Western Province <A TARGET="_blank" href="http://www.kapsimwp.com/Emporium/Emporium.html">EMPORIUM</A></B>     <img src="http://www.kapsimwp.com/Pics/GIFM/visamaster.gif" HEIGHT=50 VALIGN=MIDDLE ALT="We Accept Visa and MasterCard"><BR> </FONT> <font size=3> Our province <A TARGET="_blank" href="http://www.kapsimwp.com/Emporium/Emporium.html">EMPORIUM</A> offers quality Kappa paraphernalia that may be ordered via e-mail. Shipping is FREE in the continental U.S. for most items, with prompt delivery assured. Shop for yourself or purchase gifts for others. <P> <CENTER> <A TARGET="_blank" href="http://www.kapsimwp.com/Emporium/Emporium.html">CLICK HERE</A> to visit the <B><A TARGET="_blank" href="http://www.kapsimwp.com/Emporium/Emporium.html">EMPORIUM</A></B><P> </CENTER> </FONT> <hr WIDTH="100%"> <A NAME = "25 Year Pin"> <img src="http://www.kapsimwp.com/Pics/25YearPin.jpeg" ALIGN=RIGHT HEIGHT=150 ALT="25 Year Pin" BORDER=1><P> <font size=5> <B>25 Year Membership Pin</B></font>     <img src="http://www.kapsimwp.com/Pics/GIFM/visamaster.gif" HEIGHT=50 VALIGN=MIDDLE ALT="We Accept Visa and MasterCard"><BR> <font size=3>      The Middle Western Province has authorized the production of a Twenty-Five Year Membership Pin to recognize those members who were initiated at least twenty-five years ago. The project was approved on a proposal from <B>Brother Robert I. Mayes, Sr.</B> of the Tulsa Alumni Chapter, and the proceeds are used to help fund our several and varied philanthropic programs and other financial obligations.<P>      Pictured above, the pin is circular in design, slightly smaller than a quarter, and cast in a silver color. It is wrapped in a laurel wreath, emblazoned with the number "25" in the center with a small nugget below the number, and the words "Middle Western Province" around the bottom with "Kappa Alpha Psi" around the top on a crimson band.<P>      We have restocked our supply and the cost is $25 each. Contact our <a href="mailto:KeeperOfRecords@KAPsiMWP.com">Province Keeper of Records & Exchequer</a> to purchase your pin today. Don't miss this one! Order NOW!<P> </FONT> <hr WIDTH="100%"> <A NAME = "Disclaimer"> <font size=2> <B>Disclaimer:</B> The Middlewesterner is a publication of the Middle Western Province of Kappa Alpha Psi Fraternity, Inc. All submissions welcome. Opinions expressed are the authors' and do not necessarily reflect the views of the officers and members of Kappa Alpha Psi Fraternity, Inc. at any administrative level. This publication is produced and funded by the Middle Western Province. It is independent and in no way connected with or funded by any other administrative level of the Fraternity.<br> <center> Elmer J. Crumbley ~ Province Polemarch ~ <A HREF="mailto:Polemarch@KAPsiMWP.com">Polemarch@KAPsiMWP.com</A><br> Freddie D. Frazier, III ~ Province Reporter ~ <A HREF="mailto:Reporter@KAPsiMWP.com">Reporter@KAPsiMWP.com</A><br> Submissions to Kappa Alpha Psi, 636 N.E. 36th St., OKC, OK 73105<BR> or <A HREF="mailto:KeeperOfRecords@KAPsiMWP.com">Send E-Mail</A> </center> </FONT> <hr WIDTH="100%"> <CENTER> <a href="#top"><img src="http://www.kapsimwp.com/Pics/back_to_top_small.jpg" ALT="Back To Top"></a><P> <p><font size=2><a TARGET="_top" href="http://www.kapsimwp.com/News/News.html">Return to News Items</a></font><P> </center> </body> </html> </body>