Apostol, Kowal & Jordan, Ltd.: Court Blocks Illinois Institute of Technology from Changing Fraternity Housing Policy

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Thu Aug 27, 2009 7:07pm EDT

CHICAGO--(Business Wire)--
Chief Chancery Court Judge Dorothy Kinnaird entered a preliminary injunction
blocking the Illinois Institute of Technology from breaching a 45 year old
agreement between the Alumni Board of the Sigma Phi Epsilon Fraternity and the
university. Without the court`s order, IIT would have effectively prohibited
freshmen students from residing in the Sigma Phi Epsilon Chapter House at IIT. 

According to Apostol, Kowal & Jordan, Ltd., the university had attempted to
implement a policy that would require freshman, who chose to join the
fraternity, to pay for an unused dormitory room as well as paying the cost of
living in the fraternity`s chapter house. The court ruled that this proposed
policy violated the parties` housing agreement. The agreement between the
parties, which has been in existence since 1964, gives the fraternity the right
to designate students, who are overwhelmingly freshmen, to live in the
Fraternity Chapter House. "Implementing the policy could effectively kill the
fraternity" according to the Sigma Phi Epsilon`s attorney, Gregory Jordan. 

Judge Dorothy Kinnaird, the chief judge of the Chancery Division in Cook County,
Illinois, said, this was, "not a close call." Judge Kinnaird lauded the
fraternity for its "mentoring, scholarship and education" programs. 

"The court made the correct decision today by protecting the fraternity from
IIT`s unreasonable policy prohibiting freshmen students from living in the
Fraternity house," said Phillip Vittore, Emeritus President of the Fraternity
Alumni Board and a 1958 graduate of IIT. 

"For nearly 50 years, we have had freshmen living in the Fraternity Chapter
House, and these young men are a vital and integral part of our brotherhood. The
university was unable to put forth any evidence that living in the Fraternity
Chapter House is anything but beneficial for these young men," added Vittore. 

IIT largely focuses its educational efforts on engineering, architecture and the
sciences. "These are extraordinarily difficult majors," noted Mr. Vittore.
Evidence introduced at the two-day hearing on the matter showed that 94.8% of
the men in the Sigma Phi Epsilon Fraternity stayed in school from year to year,
which is significantly higher than that of the university as a whole. David
Belanger, who is currently the President of the fraternity, said, "All of our
members including freshman are our brothers. We did not want to fight with the
university, but our chapter made a tremendous difference in my life and I feel
obligated to do everything I can to try to help the freshmen succeed at IIT."
Mr. Belanger added, "I couldn`t look my brothers in the eye if we didn`t do
everything we could do to help the young guys succeed. Living in the house is a
huge part of the experience." 

According to Apostol, Kowal & Jordan, Ltd., the preliminary injunction entered
by the court prevents IIT from breaching its agreement with the Fraternity by
refusing to allow freshmen students to reside in the Fraternity Chapter House
during their first semester as IIT students. "The first semester is the most
difficult and transitional semester," according to Mr. Vittore. He said, "I have
been around these kids for over 50 years. They need the support of the
fraternity particularly at a school as difficult as IIT." 

About Sigma Phi Epsilon

Illinois Beta Chapter of the Sigma Phi Epsilon Fraternity is located at 3341 S
Wabash Ave., Chicago, IL 60616. The Alumni Board of the Beta Chapter of the
Sigma Phi Epsilon Fraternity is an Illinois not for profit corporation
incorporated on July 24, 1948. The Illinois Beta Chapter of the Sigma Phi
Epsilon Fraternity is a member of the largest college fraternity in the United
States with over 14,000 undergraduates at 250 chapters. Nationally, more than
275,000 men have joined Sigma Phi Epsilon Fraternity since it was founded on
November 1, 1901. 





Phil Vittore, Emeritus President of the Alumni Board of the Beta Chapter of the
Sigma Phi Epsilon Fraternity,
(847) 392-6986 and pvittore@yahoo.com
or
Ricardo Barragan, Current President of the Alumni Board of the Beta Chapter of
the Sigma Phi Epsilon Fraternity,
(773) 531-5822 and bear@funnybear.com
or
David Belanger, President of the Beta Chapter of the Sigma Phi Epsilon
Fraternity,
(708) 408-6644 and president.ilbeta@sigeps.org
or
Gregory Jordan, counsel for Sigma Phi Epsilon,
(312) 854-7181 and gjordan@akjltd.com
or
E. Jason Tremblay, counsel for the Illinois Institute of Technology,
(312) 876-6676 and ejtremblay@arnstein.com

Copyright Business Wire 2009

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