One of the more challenging exposures of writing a women’s fraternity or sorority is keeping the insurance and risk management recommendations “contemporary” to the changing dynamics of a campus women’s organization.  As the size of the chapter increase in membership numbers, more and more sorority sisters are gravitating to alternate housing where several of them may live together.  On those campuses where sorority chapter houses are not as common and/or a sorority does not physically have a chapter house, it has been common for some of the sorority sisters to secure housing together.

Irrespective of the reason, the number of “living arrangements” outside of a traditional chapter house is increasing and are being referred to and/or being considered by the campus community as the “X Sorority” chapter house.  We refer to these locations as unofficial houses.

These unofficial houses pose a number of problems to the national organizations and, ultimately, to the insurance coverage.  The concerns include the following:

We have seen a significant increase in claims that are coming from those locations that are not the actual chapter house, but instead from these unofficial houses.

We have identified this concern to your national leadership.  We also know that, as a volunteer, you are more apt to be aware of the existence of these types of housing arrangements.  Should you have one of these types of arrangements on your campus, we would ask that you bring it to the attention of your leadership.  Upon their review, we have encouraged them to involve us, if needed, in addressing the housing situation specifically.

Members of a sorority loaned their house to a men’s fraternity for a party. The men’s fraternity house was being painted, and they were unable to have a party at their own house. The sorority members did attend the party, but did not provide the alcohol. An underage member of the men’s fraternity was leaving the house when he fell down the front steps, which resulted in him losing his vision in one eye. The young man was intoxicated when he fell.

A lawsuit was filed in the matter against the fraternity and sorority, as well as some of their members. The allegations against the sorority included allegations of failure to supervise their patrons which resulted in the plaintiff being served alcoholic beverages until he was visibly intoxicated. Allegations against the sorority members included failure to supervise and control the fraternity members.

The lawsuit settled for $190,000. The insurance carrier for the sorority paid $154,500. The remaining amount was paid by the member’s personal homeowner’s policy. We do know that the men’s fraternity contributed towards the settlement. However, we do not know the settlement amount.

The defense costs for this claim totaled $329,223. This was a very expensive claim to defend due to individual members being named and additional coverage investigations into whether or not the members were acting on behalf of the sorority.

A member was injured while climbing onto the sorority’s homecoming float. The member was walking along side the float with other members. The float was towards the back of the parade and was starting to fall behind. The walkers were instructed to board the float to speed up the procession. While the member was boarding the float, the driver accelerated. The member was wearing a toga that became entangled in the axle. The member’s body became locked in the axle of the trailer. It is alleged that the member was dragged for 110 feet. The member suffered severe and permanent injuries due to the accident.  

A lawsuit was filed naming the University, the City, the driver of the float and the Sorority. The young man who drove and owned the truck and the trailer in which the float was built on had liability limits of $100,000. The City was dismissed from the lawsuit and the University was on the verge of being dismissed based on sovereign immunity. The driver of the truck argued that he was acting as an agent of sorority and the sorority should be vicariously liable for his actions which were allowing individuals to sit in the truck and block the view of the trailer and accelerating before accounting for the whereabouts of the participants. Defense Counsel felt that there was a good chance the sorority would be found to be vicariously liable for the driver’s actions.  

The lawsuit settled during mediation for $1,500,000.   

A member was injured at a chapter event when she stepped on a piece of glass that was on the dance floor and sustained a laceration to her foot. There was a sign posted at the bar stating that no glass bottles were to be taken onto the dance floor. It was discovered that the chapter did not have a chaperone at the event even though their manual stated that a chaperone should be present at all events. It was argued that had the chapter followed its own policy and had a chaperone at the event, the chaperone would have been there to enforce the rule of no glass bottles on the dance floor.

While there were other factors involved, the argument regarding the chapter not following their policy factored into the decision, and the insurance company settled the claim on the organization’s behalf for $187,500.

The chapter hired two buses to take their members and guests to and from an event. One bus had security, but the senior bus did not. On the senior bus, a fight broke out between two members’ boyfriends. One of the young men sustained a broken nose, as well as other facial fractures during the fight. It was confirmed by using Facebook that alcohol was being consumed on the bus.

The claimant’s attorney alleged that the chapter did not provide the property security. He argued that if one bus had security, the other one should also and if it did that his client would not have been injured in a fight. The claim settled for $37,500.

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

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.

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.

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.