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Tina
Tina, Lawyer
Category: Legal
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Experience:  JD, BBA Over 25 years legal and business experience.
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Customer Question

The best way for me to describe the situation my daughter is in with a sorority at xxxx University is to copy-paste the last two written communications I have had with sorority representatives. Her desire is to regain financial contributions made to the sorority and have her records expunged from the organization. 

Wednesday, April 17, 2013

Dear Ms. xxxx:

My daughter xxxx xxxx has informed me that she was on Sunday, April 14, at about 4:30 pm, dismissed from xxxx xxxx xxxx by a national sorority leader, one xxxx xxxx. On that day Ms. xxxx stated the reason for her dismissal from the sorority was that xxxx had used a drug that consists of cocaine and other substances, for which the street name is "Molly" on February 14th, 2013 at a social event at which she served as a disc jockey for the entire duration. A second accusation was also made, of drinking alcohol. xxxx has informed me she denied both allegations before Ms. xxxx I understand this meeting with Ms. xxxx was conducted one on one with xxxx, at 4:30 pm on Sunday, April 14. No other members or officials were present at the time. I also understand there exists NO EVIDENTIARY VALUE for any of the charges leveled against xxxx xxxx--on either of the stated charges made against her.




Ms. xxxx, be aware that we are at this time working with the Greek faculty representative with xxxx University and will make the individual aware fully of the events of xxxx's experience with the sorority.

And also be aware Ms. xxxx, my husband and I have filed charge back requests with our two credit card issuers to credit our accounts for two different charges made on behalf of the sorority for said initiation fees and annual dues intended for fulfillment of club dues through the academic year of 2013. Because the dues were accepted only 13 days prior to the date of my daughter's fraudulent sorority induction ceremony and subsequent dismissal following only 7 days later, this transaction may be classified as fraud.

Be advised Ms. xxxx, should your organization refute or challenge our actions to regain our finances regarding the two charges made to both my personal credit card in the amount of $87+/- and to my spouses credit card $315 exactly, and due to the fraudulent and false accusations weighed against my daughter, we will pursue our rights with legal counsel. 

Also be advised Ms. xxxx, the sorority hosts social events regularly at local venues throughout DeLand, Florida at which the sorority sponsors an "Open Bar" policy. It is a standard practice during these events that all attendees are encouraged to participate in alcohol consumptive activities. Bar personnel never card any participants during these events, and, the majority of the participants are not legally eligible to consume alcohol.

It has come to my attention that Ms. xxxx threatened xxxx with a said "video that documents you drinking." It has also come to my attention that the other dismissed sorority members have informed xxxx they will be interviewed by you and that xxxx will not be interviewed for that reason that you stated xxxx has "admitted to drinking." I think that statement must have been made by one "xxxx xxxx" in addition to other fraudulent statements made by xxxx, whom your own organization has dismissed for similar charges.

What do we require at this time?

1.) Inform both credit card issuers that my charge with Capital One to pay dues for $87 made on April 2 must be refunded; repeat this step with my spouse's $315 credit card charge made on April 1 with Wells Fargo.

2.) Draft and sign a paper stating xxxx was not guilty of any and all FALSE ALLEGATIONS and sign and file the admission with the xxxx Greek Life Faculty coordinator with a copy to xxxx.

3.) Expunge xxxx xxxx's name and all associated records from the sorority file.

It is xxxx's desire to sever all associations with the sorority. She is also desirous to ensure the return of her parents' financial contributions to the sorority.

We will be pleased when these matters are resolved.

Ms. xxxx, both the sorority and my family share the same desire--to disassociate xxxx with the sorority. I am a professional Ms. xxxx. I am employed with the state's flagship university and would like to offer you some pro bono counsel. The procedures regarding accusations made against chapter members must be documented with strong EVIDENTIARY VALUE so that you may protect your organization and its members from legal reprimand. You must also be made aware chapter officials sponsor events during which alcohol is encouraged and served to minors in routine fashion. 

Though we do not require or expect an apology be made personally to xxxx, people who use good manners may agree it would be polite practice to offer her an apology for the egregious way in which her brief membership experience was handled. 

Please handle yourself and your representation with this

Submitted: 1 year ago.
Category: Legal
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking.

I have read your communications above, but can you please explain what specifically you would like from us as it appears as though you have made your proper demands for a hearing and proper investigation to be conducted.
Customer: replied 1 year ago.

The sorority leaders are stalling and I am uncertain if any money is owed to them because my daughter has been affiliated with the group since early February. A total of $700 was paid to the sorority. We have charged back $400. My daughter would like to know if it is reasonable to demand all funds back from the group she paid in full, or an additional $300.

 

She never signed any contractural agreement but the others who were dismissed were informed by the mediator that xxxx will be expected to sign paperwork with the mediator.

 

I am thinking that perhaps the mediator will just drop the situation and we can forget it, as the charge-backs may not be challenged by the group.

 

I want to know--what is my daughter's legal obligation--if any---with the group?

 

I think we had the right to charge-back the $400 initiation fees earlier this week and they have no right to contest the transactions with the bank.

 

How strong is a screenshot from the video in which my daugter's image is featured holding a beer? She cannot be arrested for a photo in which she is holding a beer can she? And would such a photograph give the sorority the power to take all the money for the entire initiation and annual fees? My daughter was dismissed from the group and would like to remain dismissed and retrieve the monetary contributions.

 

Is what we have done in making the charge-backs legal? Can they sue us for the funds?

 

It seems the sorority representative is telling the others who were dismissed that xxxx is in "big trouble" over the screen shot photo in which she appears holding the beer and that the mediator has advised the others to tell xxxx she must come and "sign papers" to admit she was using alcohol as a minor. And who knows what else would be included in the "paperwork she is required to sign."

 

I am advising my daughter to not attend a personal meeting with the woman without witnesses and to sign nothing.

 

So in short, do I have legal rights with what we are doing? Can my daughter be arrested for the screen shot photograph and held accountable for all of the sorority funds?

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