Every year, up to 20 percent of the population in the United States contracts the flu virus. The effects of flu vary
from mild symptoms to severe illness and complications, including death. Disease experts have calculated that
once every 30 to 40 years, pandemic influenza affects people globally, resulting in a significantly greater number
of illness and deaths than the annual flu.

Flu viruses spread in respiratory droplets through person-to-person or other close contact. Most adults can infect
others beginning one day before symptoms develop and from up to five to seven days after becoming sick. This
means that you can pass on the flu to someone else before you know you are sick, as well as while you are sick.
Human influenza viruses generally can survive on surfaces for two to eight hours.

Maintaining good health habits is important to keep you healthy and to minimize the spread of the influenza
virus. The Centers for Disease Control and Prevention (CDC) and other health organizations suggest exercising
regularly, getting enough rest and eating healthful balanced meals, in addition to a number of precautions to help
protect yourself and others from transmitting the flu. These precautions may include, but are not limited to:

For additional information visit the CDC website. The information provided in this document by Travelers is intended for use as a guideline and is not intended as, nor does it constitute, legal or professional advice. Travelers does not warrant that adherence to, or compliance with, any recommendations, best practices, checklists, or guidelines will result in a particular outcome. In no event will Travelers, or any of its subsidiaries or affiliates, be liable in tort or in contract to anyone who has access to or uses this information for any purpose. Travelers does not warrant that the information in this document constitutes a complete and finite list of each and every item or procedure related to the topics or issues referenced herein. Furthermore, federal, state, provincial, municipal or local laws, regulations, standards or codes, as is applicable, may change from time to time and the user should always refer to the most current requirements. This material does not amend, or otherwise affect, the provisions or coverages of any insurance policy or bond issued by Travelers, nor is it a representation that coverage does or does not exist for any particular claim or loss under any such policy or bond. Coverage depends on the facts and circumstances involved in the claim or loss, all applicable policy or bond provisions, and any applicable law.

CDC recommends a three-step approach to fighting influenza (flu). The first and most important step is to get a flu vaccination each year. But if you get the flu, there are prescription antiviral drugs that can treat your illness. Early treatment is especially important for the elderly, the very young, people with certain chronic health conditions, and pregnant women. Finally, everyday preventive actions may slow the spread of germs that cause respiratory (nose, throat, and lungs) illnesses, like flu.

Flu viruses are thought to spread mainly from person to person through droplets made when people with flu cough, sneeze, or talk. Flu viruses also may spread when people touch something with flu virus on it and then touch their mouth, eyes, or nose. Many other viruses spread these ways too.People infected with flu may be able to infect others beginning 1 day before symptoms develop and up to 5-7 days after becoming sick. That means you may be able to spread the flu to someone else before you know you are sick as well as while you are sick. Young children, those who are severely ill, and those who have severely weakened immune systems may be able to infect others for longer than 5-7 days.

For more information, please visit www.cdc.gov/flu or call 1-800-CDC-INFO

This guide from Travelers, the insurance company for MJ Sorority clients, provides step by step instructions on how to develop a fire safety plan for your building.

This guide from Travelers, the insurance company for MJ Sorority clients, provides information for property owners on liability regarding sidewalks.

The close-knit nature of sorority life can foster strong bonds among members, but it also creates an environment where contagious illnesses, like the flu and Covid-19, can easily spread, especially during the winter months. To maintain a healthy and thriving community, it’s crucial for sorority chapter houses to implement preventive measures.

The risk for infection can be reduced through a combination of actions. No single action provides complete protection, but a combined approach can help decrease the likelihood of transmission. To aid in pandemic contingency planning, the Occupational Safety and Health Administration (OSHA) has suggested the following steps that every employer can take to reduce the risk of exposure to pandemic influenza in their workplace, which also applies to our chapter facilities:

Preventing virus outbreaks in a sorority chapter house requires a collaborative effort and a commitment to creating a healthy living environment. By implementing these proactive measures, sorority members can enjoy a vibrant and supportive community while minimizing the risk of contagious illnesses. Remember, the key is early education, open communication, and a collective dedication to the well-being of all members and employees.

More detailed planning information is available from OSHA in Guidance on Preparing Workplaces for an Influenza Pandemic (OSHA 3327-02N). Information is also available from the U.S. Department of Health and Human Services (DHHS) at PandemicFlu.Gov. The Center for Disease Control (CDC) released a planning guide for small businesses.

The Indiana State Police have released a series of tips to help residents avoid carbon monoxide poisoning.  Carbon monoxide (CO₂) is an odorless, colorless and tasteless gas that does not cause irritation to the eyes or throat.  Often victims don’t realize they are inhaling toxic gas until they become ill.  More than 500 people die annually from carbon monoxide poisoning.

Symptoms of carbon monoxide exposure:

Safety measures to prevent exposure:

Excerpted from IndyStar.com

This article discusses results of a study conducted to understand college students’ views and knowledge of burn and fire safety.

We developed a sprinkler toolbox to help assist property owners with the ways, whens and hows of installing an automatic sprinkler system. If you want a copy, contact us.

Athletic sports embody everything about the competitive spirit while teaching players about team dynamics and the rules of fair play. But there is some degree of risk in playing the game – especially if the limits of strength, endurance and speed are pushed. “Athletes who push the limits sometimes don’t recognize their own limitations…,” says the Centers for Disease Control and Prevention (CDC). This can lead to injuries and illness, including sprains and strains, heat illness, concussions and heart failure.

Educational institutions, both public and private, and parks and recreation departments that sponsor competitive sports programs should have a safety and health program that promotes sound practices to help athletes play it safe and stay healthy. Programs may vary depending on the age of participants and the level of competition. In all cases, they should be reviewed routinely to help ensure they are current and comply with applicable state laws and athletic association bylaws as appropriate. They also should review the best practices promoted by athletic associations, such as the National Collegiate Athletic Association (NCAA), the National Federation of State High School Association, state high school and middle school athletic associations and coaches associations, among others.  

Coaches, athletes, school officials and parents all play an important role in helping to ensure safe practices in competitive sports. When a player is not playing it safe or a health issue or injury is suspected, the player should be taken out of play. In instances of an injury or suspected injury or health issue, the player’s condition should be evaluated (including, as appropriate, an evaluation by a medical professional) and the player not returned to the game or sport program until medically released for play. Coaches and athletes should be trained in the signs and symptoms of health-related issues during conditioning, practice and play, including for heat illness, concussions and heart failure, among others, and take timely and appropriate responsive action to help mitigate the health impact.

Athletic programs should include sound risk control principles to help in injury prevention. Some program principles include, but are not limited to:

● Provide planned and supervised conditioning, practice, competition and travel
● Comply with applicable state laws and, for NCAA member institutions, all NCAA bylaws

Concussions can be silent villains – the signs may not be readily detected. They can lead to brain damage, paralysis and, in some cases, death. To help coaches, athletes and parents identify and respond to concussions, a number of organizations offer information on concussion prevention and management, including the NCAA and the American Football Coaches Association. Additionally, the CDC, in partnership with leading organizations and experts, also provides Heads Up: Concussion in High School Sports. In addition to knowing the symptoms and what to do in the event of a concussion, “Heads Up” recommends a four-step Heads Up Action Plan before the season starts, as well as educating athletes and parents.

An athletic program based on sound safety and health management principles can help schools and park and recreation departments play it safe!

The information provided in this document is provided by Travelers and is intended for use as a guideline and is not intended as, nor does it constitute, legal or professional advice. Travelers does not warrant that adherence to, or compliance with, any recommendations, best practices, checklists, or guidelines will result in a particular outcome. In no event will Travelers, or any of its subsidiaries or affiliates, be liable in tort or in contract to anyone who has access to or uses this information for any purpose. Travelers does not warrant that the information in this document constitutes a complete and finite list of each and every item or procedure related to the topics or issues referenced herein. Furthermore, federal, state, provincial, municipal or local laws, regulations, standards or codes, as is applicable, may change from time to time and the user should always refer to the most current requirements. This material does not amend, or otherwise affect, the provisions or coverages of any insurance policy or bond issued by Travelers, nor is it a representation that coverage does or does not exist for any particular claim or loss under any such policy or bond. Coverage depends on the facts and circumstances involved in the claim or loss, all applicable policy or bond provisions, and any applicable law.

What we have learned from the fall semester of 2020 that can help our clients as they potentially re-open in 2021:

As in all things during the pandemic, it is critical that you be aware of what your national organizations and institutions are doing in terms of COVID-19 guidance and recommendations. The Greek system continues to be looked at for their leadership, and it is a great opportunity for the Greeks on every campus to show their support for the well-being of the fellow students, the campus and the broader community.

We also recommend that you review the American College Health Association’s Guidelines for Reopening for Institutes of Higher Education for the Spring Semester 2021.

Important Terms for Housing Agreements

We have created this document in partnership with Heather Moore and Mark Sausser of Faegre Drinker Biddle & Reath LLP in an effort to help our clients address the components of an acceptable Housing Agreement.

Because laws vary widely from municipality to municipality, we recommend that you seek local legal counsel to develop your specific Housing Agreement; however, we hope that you will use the attached resource to avoid common potential pitfalls for Greek facility housing agreements. A Housing Agreement addresses a member’s economic obligations to a chapter, not the expectations of living. In addition to the attached checklist, your Housing Agreement should include an addendum listing the rules and requirements expected in a community living environment, as well as a description of how the House Corporation expects that the property be used.

We also recommend that you consider a similar document for non-resident members to follow (often referred to as a membership or parlor agreement) that describes the rights and expectations for non-resident members when they visit the chapter house. As always, should you have any questions or concerns, please do not hesitate to contact your Client Executive.

DISCLAIMER: This document does not constitute legal advice; it is merely a guide to key components for a housing agreement. The laws relating to the possession of property vary from state to state. Please consult experienced legal counsel when you are preparing housing agreements.

Not a lease. Call your document a housing agreement; do not use landlord/tenant/rent/lease language because those who reside in a fraternity or sorority (hereafter, “fraternity”) house do not have exclusive possession rights as tenants in an apartment complex do. In legal terms, your agreement is therefore not a lease but a license, although you need not use the term “license.” You can add language stating “this is not a lease.”

Payment terms. Each year, strive to move closer to the university model: require payment in advance of moving in, either prior to the school year or at least prior to each semester. Consider requiring a direct draw from a credit card or bank account. If possible, the agreement should provide the university “checklist” or other enforcement actions which are available for use following a default by a member.

House Corporation Obligations and Student Rights. Under the housing agreement, obligations of the house corporation and rights of the student are expressly conditioned upon execution of the agreement by parents as parties to the agreement and not merely as guarantors. Parents are directly and fully liable for all obligations of the student under the housing agreement and are jointly and severally liable with student hereunder. Parents shall have no occupancy rights at the house as a result of the housing agreement. Parents acknowledge that they are directly and indirectly benefitted from having the student live in the house and that adequate consideration for entering into the housing agreement has been received.

Fraternity discipline and violation of University housing rules or any laws. Provide that a member who is suspended or terminated from membership, is expelled or suspended from the university, or who violates the law is automatically in breach of her agreement and must move out of the premises immediately. A violation of university, fraternity or chapter rules should also be a breach. The agreement should allow the house corporation, at its discretion, to continue the house agreements in place if the chapter as a whole is put on probation, whether by the fraternity or by the university, or is forced to close operations. If the chapter is shut down due to disciplinary matters, it is likely that the owner will want the members out of the house. But if the chapter is closed simply because of a lack of numbers or due to university actions involving Greek organizations generally (e.g., campus-wide suspensions of Greek organizations), the owner may want to reduce its losses by having the members stay until the end of the current academic year.

Knowledge of discipline rules. In the agreement, members acknowledge that they have received, read, understood and agreed to follow all fraternity and university disciplinary rules.

Non-waiver. Provide that the house corporation’s failure to enforce provisions or protections in one instance do not constitute a waiver of its ability to enforce those provisions in future instances.

Who may reside. Provide that only full-time registered students who are members of the fraternity at the college or university may live in the chapter house. The members should agree that rooms may be assigned and reassigned at any time and that the owner need not resolve disputes among members or be responsible for actions of any other members. The agreement must expressly say that it is not assignable by the member.

Damage to House. It is helpful to provide that if the house is damaged and the responsible party is not identified, each of the members will be responsible for an equal share of the cost of repairing that damage and each of their housing deposits can be used to cover the cost of the damage.

Public Health/Unexpected House Closure. In addition to the other termination rights granted to House Corporation in this Agreement, House Corporation may close the Chapter House and require the members to vacate the same in the event such action is required or encouraged by the University, or if the University has or will cancel or suspend in-person classes, whether due to public health emergencies, pandemics, communicable disease outbreaks or any other reason. In such case, the determination of whether payments made by or due from Member will be credited against future payments (or, with regard to seniors, refunded) will be made on a case by case basis, considering all factors, including the length of time the Chapter House is closed and the fixed expenses incurred by the House Corporation.

Deposits. To the extent permitted by local law, define deposits as “housing deposits” that can be used to remedy failure to pay house bills or to repair damage rather than “security deposits” as to which the law sometimes imposes more limits.

Absence/off campus study. Generally, members should agree to pay the housing fee whether they live in the house or not. It is advisable to have a specific provision about how to handle study abroad, internship and student teaching students, which may range from requiring full payment unless a substitute resident is found, to releasing students from further payments so long as timely notice is provided. It also helps to have the agreements signed at a time when members are most likely to know whether they have been accepted for off campus study. The agreement should also address other hardship causes of absence that may arise (e.g., illness, death in the family, etc.), and provide that the house corporation has no obligation to release students from the agreement, but the house corporation in its sole discretion may decide to release students in certain extenuating circumstances.

Here is some sample language to include addressing these issues in the Housing Agreement:

If Resident is accepted into and elected to participate in a study abroad program or internship, she will be charged a $__________ empty bed fee (the “Empty Bed Fee”) for the semester she is enrolled in the study abroad program, in lieu of paying the full payments due hereunder, provided that a copy of the acceptance letter related to such program is provided to the Chapter no later than __ months in advance. If Resident is required by the University to student teach, or engage in similar educational opportunities required by the University for her course of study, at a location 50 miles or further from the Chapter House, and provides notice within the time period set forth above, she may, in any such case, petition the Chapter for relief from the Empty Bed Fee. The Chapter House’s decision relating to relief from the Empty Bed Fee shall be at its sole discretion and shall be binding on Resident. As all situations are unique, prior determinations of the Chapter shall in no way bind or affect its determination with regard to Resident’s petition. If Resident is studying abroad or has accepted an internship and has located another member of the Chapter who is not living in the Chapter House and is willing to replace Resident as an occupant of the Chapter House, the Empty Bed Fee will be not be charged. Resident may only receive one exception during her tenure as a member of Chapter.

Voluntary Move-Outs. The agreement is a binding contract and if a member “changes her mind” and wants to live out after she has signed an agreement, she would be in default. The agreement should be clear that in the event a member defaults by not moving into the house or by vacating the house early, the owner’s remedies would include a continuing obligation by the defaulting member to pay all amounts due under the agreement. Rarely is it possible for a replacement resident to be found after housing agreements have been signed and it is even harder mid-year so any “breakage fee” less than the whole amount due might not fully protect the owner. Because enforcing these provisions can be difficult, some organizations have elected to require a lump sum payment as a move out fee. These are generally enforceable, but as noted the likely result is that the owner will suffer economic loss.

Chapter house uninhabitable. Provide that if the chapter house becomes uninhabitable, the house corporation may use university housing or off-site housing as alternative housing; also, provide that the agreement may be terminated by the house corporation.

Member personal property (including cars). Put members on notice in the agreement itself that the house corporation does not (and cannot) insure members’ personal property on the premises (including cars in the parking lot), and that members must have their own coverage for such items. The agreement should also expressly release the chapter, the fraternity, and the local housing corporation from all liability for damage to the student’s property whatever the cause, including the negligence or the chapter, the fraternity, and the local housing corporation.

Breaks. Establish procedures for occupancy, or prohibiting occupancy, of the house for winter, spring and summer breaks.

Member release and indemnification of the house corporation. Because members are also currently insured under your policy, the release and indemnification from members need only extend to claims involving member personal property and claims not covered by your insurance.

Service Animals. Your agreement should permit their presence if both medically necessary and approved by the housing corporation. As a private club, you are not subject to the ADA legislation for the disabled, however, there may be state or local laws which apply allowing the animal. Animals that meet this area of law are dogs and miniature horses only.

Emotional Support Animals. Sometimes also referred to as therapy or assistance animals are a part of the Fair Housing Act (FHA) and can be any type of animal. Although there remains debate as to whether private clubs like a sorority chapter or local house corporation are subject to this legislation, there are stringent requirements of a landlord and this must be carefully considered.

Searches. Your agreement should permit the house corporation to search rooms at any time for any reason without prior notice or consent.

Items not permitted on the property. You should provide that members may not have the following items on the property: firearms; other weapons; illegal drugs/controlled substances; marijuana (listed separately because it is now legal under some state laws); alcohol (again, it should be separately listed because it is legal for some students under state law). Importantly, because marijuana is illegal under federal law, the house corporation may generally prohibit possession of medical marijuana and would not be required to permit its possession or use as a reasonable accommodation for disability.

Rules. A general set of rules, which can be modified from time to time, without the consent of the member or chapter, should be established. Those typically include no smoking, no candles, no roof access and no modifications of rooms.

Enforcement. Regardless of who the owner of the house is, the national fraternity and/or the national housing corporation should have the right to enforce the terms of the housing agreement. This is particularly true if the “owner” signing the agreement is the chapter.

Remedies. The agreement should give the owner, following a default, all rights and remedies at law. The agreement should also expressly say that the owner has the right to remove the student from the house following a default, but such removal does not release the student from her payment obligations. It is also helpful to have a provision which allows the owner to terminate a student’s agreement without a default if the owner determines at its sole discretion that the termination is best for chapter as a whole, but such a provision should also state that no payments should be due for the period after the student has moved out.

Biometrics. If your chapter house utilizes a biometric security system, it is prudent to provide annual written notice to all individuals whose biometric information identifiers are collected or stored and specify the purpose of the collection and length of time the information identifiers will be held, stored, and used. Written consent and release of this information should be included in an annual housing agreement.

Important reminder: As always, check with your national organization regarding any and all COVID-19 risk management advice before proceeding.

We have recently written up our position on the ability of employers to require their employees to take the vaccine. We are also beginning to get questions about whether the sororities/fraternities will be allowed to also require their members to be vaccinated.

In December, we took the opportunity to discuss this matter with three university administrators from a public institution and one administrator from a private university, along with extensive research on this developing subject, to get a feel as to what the university community was considering on this subject of requiring its students to be vaccinated before they can continue to be on campus.

What follows are some questions and responses that we posed:

By what authority do institutions of higher education (IHEs) currently hold the power to require the vaccinations that pre-COVID were already in place?

This authority comes from each state’s Department of Health: a public institution generally follows the guidance, whereas a private institution is able to require more vaccinations than what the Department of Health addresses. There also exists a statute that allows governmental entities such as a university to engage in “all acts necessary” to preserve the health and safety of its students and employees dating back to the early 1900s.

Currently do IHEs allow for exceptions to their vaccination policy and, if so, what are they?

Yes, each administrator responded that exceptions are allowed. They are 1) for health reasons in which an individual has reason to believe it could put their health at risk and 2) for religious beliefs that are inconsistent with taking vaccines. We did hear that very few of their students seek exceptions. According to Peter H. Meyers, an emeritus professor at the George Washington University law school and previously served as director of the law school’s Vaccine Injury Litigation Clinic, 95 to 99 percent of students will not fit into the narrow categories of exemptions that are allowed.

Do you anticipate offering additional exceptions for the COVID-10 vaccinations to your faculty and staff ?

One administrator acknowledged that they anticipate allowing the faculty and staff an exemption based on what is being referred to as “philosophical disagreements” against the vaccines, which will probably not be offered to students. Another university stated that they would just consider that type of exception as a medical reservation instead of a separate item.

What do you anticipate your university will be doing this spring on requiring students be vaccinated?

It is unlikely that they will mandate vaccinations especially since drug is only being offered under an “emergency use” category and the student population won’t have access to the vaccine for some time. They do sense that the university will encourage the vaccines but not require them down the road, short of any governmental direction to the contrary.

What impediments will there be to ultimately be to actually require the vaccination of all students/faculty and administration?

The current status of the vaccination application is termed “emergency use.” In ordinary circumstances, the Food and Drug Administration (FDA) will then move the drugs to what is termed “standard approval,” and the masses would then be eligible to take the vaccination. There is some pretty strong concern that because of the fact that the drugs haven’t gone through the normal three-year trial period that the FDA may not any time soon declare the drug for “standard approval,” which will certainly slow the acceptance of the vaccination.

How have the IHEs handled the flu vaccination previously?

What seemed to be the consensus is that many of both the private and public institutions did in fact require flu vaccinations last fall of both students and administration/faculty with very high acceptance rates. There is doubt however that this will play out the same way with the COVID-19 vaccine.

Students won’t necessarily be considered for vaccinations until late spring/early summer timeframe, so should we consider the vaccination matter at a later point in time?

Unless the student has underlying health issues, this is likely the case.  We have read that the American College Heath Association (ACHA) has requested that the CDC Advisory Committee for Immunization Practices (ACIP) consider recommending students be vaccinated prior to the end of spring semester 2021. This addresses the students returning home and/or moving elsewhere and exposing other communities at large.

There is no question that the sororities will need to once again be familiar with what each IHE is doing as they develop their guidance for each chapter. As noted above, we may see differences develop between private and public IHEs, along with local conditions regarding the spread of the virus. Any discussion is premature until the vaccine becomes more readily available to the age grouping of college students.

We have also had some fraternal related questions that we would also like to address:

If a university requires the COVID-19 vaccination and requires proof of the inoculation, can the sorority and potentially the house corporation rely on that or should we also secure a proof?

We believe that you can rely on the university managing this risk accordingly.

What if the university choses to not require the vaccination, but we determine that it is in the best interests of the health and safety of our members to do so?

As a private organization, you will be at liberty to make these determinations. Will it become a condition of membership for the member to consider? It will be recommended that you also explore what exceptions you can offer, not unlike those that employers are obligated to offer, such as: 1) health reasons as the vaccine may pose a threat to the individual and 2) religious reasons. There does also appear that one other possible exception is being considered which is based on philosophical disagreements, but not necessarily encouraging you to incorporate. We are already hearing reservations on social media, which do not appear to have any scientific standing.

As with all things COVID, things will develop and evolve on this subject and we can hope that the IHEs make the calls that will help our clients better manage this exposure. As there are new developments, we will provide you with updates accordingly. We are also working with Michelle Anderson of isher & Phillips on some possible “templates” that may be used on this subject so look for additional information.

Please don’t hesitate to contact your Client Executive with any further questions or concerns.