Risk Management Guidelines
The Risk Management Guidelines of Tau Kappa Epsilon includes the provisions, which follow and shall apply to all Fraternity entities and all levels of Fraternity membership.
These guidelines were developed as a baseline for the Risk Management decision-making process. In the event that any local, state, or federal law or student code of conduct prescribe more stringent requirements or guidelines, it is the member’s responsibility to know those requirements and to follow them.
Risk Management Education
Effective as of October 16, 2018
We also require each new candidate to participate in our Risk Management Education course. Each candidate must click the Validation Email they receive and create a username and password. Afterwards, they must log in to TKE’s eLearning system and complete the Risk Management Education course. The course includes videos and an assessment of the knowledge gained through this course.
To view the new Risk Management Education course, please visit edu.tke.org.
ALCOHOL AND DRUGS
- The possession, sale, use or consumption of ALCOHOLIC BEVERAGES, while on chapter premises or during a fraternity event, in any situation sponsored or endorsed by the chapter, or at any event an observer would associate with the fraternity, must be in compliance with any and all applicable laws of the state, province, county, city and institution of higher education, and must comply with either the BYOB or Third Party Vendor Guidelines.
- No alcoholic beverages may be purchased through or with chapter funds nor may the purchase of same for members or guests be undertaken or coordinated by any member in the name of or on behalf of the chapter. The purchase or use of a bulk quantity or common source(s) of alcoholic beverage, for example, kegs or cases, is prohibited.
- OPEN PARTIES, meaning those with unrestricted access by non-members of the fraternity, without specific invitation, where alcohol is present, are forbidden.
- No members, collectively or individually, shall purchase for, serve to, or sell alcoholic beverages to any minor (i.e., those under legal drinking age).
- The possession, sale or use of any ILLEGAL DRUGS or CONTROLLED SUBSTANCES while on chapter premises or during a fraternity event or at any event that an observer would associate with the fraternity is strictly prohibited.
- No chapter may co-sponsor an event with an alcohol distributor or tavern (tavern defined as an establishment generating more than half of annual gross sales from alcohol) at which alcohol is given away, sold or otherwise provided to those present. This includes any event held in, at or on the property of a tavern as defined above for purposes of fundraising. However, a chapter may rent or use a room or area in a tavern as defined above for a closed event held within the provisions of this policy, including the use of a third party vendor and guest list. An event at which alcohol is present may be conducted or co-sponsored with a charitable organization if the event is held within the provisions of this policy.
- No chapter may co-sponsor, co-finance or attend or participate in a function at which alcohol is purchased by any of the host chapters, groups or organizations.
- All recruitment or rush activities associated with any chapter will be non-alcoholic. No recruitment or rush activities associated with any chapter may be held at or in conjunction with a tavern or alcohol distributor as defined in this policy.
- No member or pledge, associate/new member or novice shall permit, tolerate, encourage or participate in "drinking games”. The definition of drinking games includes but is not limited to the consumption of shots of alcohol, liquor or alcoholic beverages, the practice of consuming shots equating to one’s age, “beer pong”, “century club”, “dares” or any other activity involving the consumption of alcohol which involves duress or encouragement related to the consumption of alcohol.
- No alcohol shall be present at any pledge/associate member/new member/novice program, activity or ritual of the chapter. This includes but is not limited to activities associated with “bid night”, “big brother/big sister night” and initiation.
BAN ON HARD ALCOHOL
Beginning on January 1, 2019, there is a ban on the possession and/or consumption of “hard alcohol” while on chapter property. “Hard alcohol” is defined as any beverage more than 15 percent alcohol by volume or 30-proof.
The term "property" for purposes of this policy means a premises, residence, domicile, or facility, further defined below:
- House – this is a property owned by a TKE entity leased to a TKE entity that includes sleeping quarters
- Rental – this is a residential property owned by a 3rd party leased to a TKE entity
- Univ. House – this is a University owned property leased to a TKE entity (could also be a Univ. Lodge or Univ. Dorm)
- LL/Rental – this is a property owned by a TKE entity leased to a 3rd party (possibly another Greek group, University or student housing)
- Lodge – this is a property owned by a TKE entity leased to a TKE entity with NO sleeping quarters
The term “TKE entity” for purposes of this policy means Tau Kappa Epsilon, Inc., or insured “Chapters”, “Emerging Chapters”, “Housing Organizations”, or “Alumni Organizations,” but (a) only while acting in accordance with Tau Kappa Epsilon, Inc.’s policies and procedures, and (b) only while acting in their official capacity, and (c) only while acting within the scope of their duties, and (d) only with respect to their liability for activities performed by them on behalf of the Tau Kappa Epsilon, Inc., or of insured “Chapters”, “Emerging Chapters”, “Housing Organizations”, or “Alumni Organizations.”
HAZING
No chapter, emerging chapter, student or alumnus shall conduct nor condone hazing activities. Hazing activities are defined as: "Any action taken or situation created, intentionally, whether on or off fraternity premises, to produce mental or physical discomfort, embarrassment, harassment, or ridicule. Such activities may include but are not limited to the following: use of alcohol; paddling in any form; creation of excessive fatigue; physical and psychological shocks; quests, treasure hunts, scavenger hunts, road trips or any other such activities carried on outside or inside of the confines of the chapter house; wearing of public apparel which is conspicuous and not normally in good taste; engaging in public stunts and buffoonery; morally degrading or humiliating games and activities; and any other activities which are not consistent with academic achievement, fraternal law, ritual or policy or the regulations and policies of the educational institution or applicable state law."
SEXUAL MISCONDUCT
Tau Kappa Epsilon does not tolerate or condone any form of sexual misconduct on the part of its members, whether physical, mental or emotional.
SEXUAL MISCONDUCT INCLUDES, BUT IS NOT LIMITED TO:
- Sexual Harassment
- The possession, or use, of any “rape drug” with the intent to participate in non-consensual sexual activity.
- The use or distribution of alcohol with the intent to participate in non-consensual sexual activity.
- Non-Consensual Sexual Contact (or attempts to commit same)
- Non-Consensual Sexual Intercourse (or attempts to commit same)
- Sexual Exploitation
Tau Kappa Epsilon defines consent in the following way:
Consent is clear, knowing and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) sexual activity.
In addition, Tau Kappa Epsilon recognizes that:
- Consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity.
- Previous relationships or prior consent cannot imply consent to future sexual acts.
- The use of, or threat of, force cannot be used to gain consent.
- In order to give or receive consent, an individual must be of the age of consent as defined by law.
- In order to give or receive consent, an individual must not be either mentally or physical incapacitated.
- Consent can be withdrawn at any time during the course of sexual activity.
While Tau Kappa Epsilon takes all allegations of sexual misconduct seriously and works to investigate and remedy any such conduct, the fraternity encourages all reporting parties to contact their local public safety office.
FIRE, HEALTH AND SAFETY
- All chapter houses should meet all local fire and health codes and standards.
- All chapters should post by common phones and in other locations emergency numbers for fire, police and ambulance and should have posted evacuation routes on the back of the door of each sleeping room.
- All chapters should comply with engineering recommendations as reported by the insurance company or municipal authorities.
- Candles should not be used in chapter houses or individual rooms except under controlled circumstances such as initiation.
POLICY ON FIREARMS, EXPLOSIVES AND INCENDIARY DEVICES
The possession and/or use of firearms, explosives, and/or incendiary devices at the Chapter house, on any Chapter or General Fraternity property (or property that could reasonably be considered a “Chapter house” or “Chapter facility”) or at any Chapter or General Fraternity function is strictly prohibited. In addition, if any individual Member or Members should possess and/or use firearms, explosives, or incendiary devices at any individually-initiated activity that is not on Chapter or General Fraternity property and could in no way be considered a Chapter or General Fraternity-sponsored event or function, possession or use of these devices by the Members involved is not dis-allowed under our Laws but must be in accordance with state, local, and federal laws.
TKE HIGH-RISK EVENTS POLICY
Experience indicates that certain events are of such high risk and the consequences of injuries from engaging in them so devastating that such events are prohibited on Fraternity property or at Fraternity sponsored events. These events can include mud bowls, boxing, martial arts, wrestling, temporary pools, slip-n-slides, or any water related activities.
Additionally, chapters shall not sponsor high-risk events with mechanical bulls, bungee jumping, sky diving, parachute jumping, ax throwing, bouncy houses or similar activities.
The possession and/or use of firearms or explosive devices of any kind are expressly forbidden within the confines and premises of the chapter facility or at any Fraternity event. Any projectile propulsion devices, even apparently safe things like water balloon launchers, can be dangerous if misused. Three-person slingshots, crossbows, and potato guns are expressly forbidden within the confines and premises of the chapter facility or at Fraternity events. The negligent use of other forms of projectile propulsion devices, particularly any such use that causes damage or injury, shall be treated as a violation of this risk management policy.
Any temporary structures, including stages, bridges, or similar structures, at any Fraternity events whether on Fraternity property or located elsewhere, must be constructed by licensed professional contractors with proof of acceptable general liability coverage and the work must be performed pursuant to a written contract. Chapter leaders must recognize that these prohibited events do not constitute an exhaustive list of activities to be avoided.
Chapters must take a commonsense approach to evaluating the risk of any events or activities. Should there be any doubt about a particular activity or event, chapter leaders should contact the Fraternity.