This guide from Travelers, the insurance company for MJ Sorority clients, provides information on incorporating best practices and a prevention plan to help reduce the risks of slips, trips and falls at your business and on your premises.

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.

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.

We have created this document in partnership a law firm 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 the chapter house. 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.”

A binding legal document. Include language at the very top of the agreement explicitly stating that the document is legal and binding for the entire term. For example:

THIS AGREEMENT IS A LEGAL DOCUMENT AND IS BINDING FOR THE ENTIRE TERM.  If Student transfers to another school, terminates Student’s membership in XYZ Sorority, moves to other accommodations as a result of a dispute with one or more other tenants of the House or as otherwise permitted herein, does not attend or come back to school for any reason after the date hereof or Student’s membership in XYZ Sorority is terminated for any reason, then such transfer or termination is a default under this Agreement, and the XYZ at its sole option may then terminate this Agreement and all payments for the entire term of this Agreement shall be immediately due and payable.

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. Furthermore, consider adding language to emphasize the legal obligation the member has to pay for the entire term of the agreement. For example:

This is a legal document that creates financial and other obligations upon you for the entire 2025-2026 school year, even if you decide for any reason to stop living in the Room (as defined below).  You should read this entire document carefully before signing.  You should sign this document only if you can meet these mutually agreed upon responsibilities for the entire 2025-2026 school year.  It is your responsibility to make sure you understand what you are signing and the obligations you are committing to.  You should consult with legal counsel if you do not understand any part of this document.  No XYZ employee, volunteer or member is authorized to give you legal advice about this document.

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 not be charged. Resident may only receive one exception during her tenure as a member of Chapter.

Voluntary Move-Outs. The agreement is binding 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.

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. The member should acknowledge that the organization will not be liable for damages to person or property that arise out of the acts of other tenants of the House or for any damages to person or property arising from disputes among or between tenants of the House. Furthermore, the member should acknowledge that the House Corporation is under no duty to terminate the agreement of any other member contracted to live in the House because of disputes among or between the member and other members residing in the House. House corporations may want to consider recommending students obtain their own insurance to secure personal property. For example, National Student Services offers $10,000 worth of coverage with a $50 deductible for about $300 in annual premium. Grad Guard offers a comparable program. If a member parent or member herself purchases a student renter’s policy, we recommend that they confirm that the following perils are covered: theft, fire, flood, and wind. In addition, some of the most common causes of loss to a laptop include drops and damage from liquids being spilled into the laptop, so it is important to verify whether or not those types of claims would be covered.

Breaks. Establish procedures for occupancy, or prohibiting occupancy, of the house for winter, spring and summer breaks. It may also be prudent to include language in the housing agreement that explicitly gives the national organization/housing corporation authority to determine if and who can occupy the House during 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.

Medical Issues and Emotional Support Animals. See our position paper on Emotional Support Animals (ESAs) for details on providing reasonable accommodations where ESA requests are made. For medical issues generally, the member should acknowledge that she is aware of no medical reason that she cannot live in the House for the entire term of the Agreement. The member should also acknowledge that if a medical need later develops that the member believes is a basis not to live in the House, it does not relieve the member of her obligations under the agreement. If a member believes a modification is warranted, the member should work with the organization in an interactive process to review the individual situation.

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. The ability to modify the agreement should be strictly limited, explicitly excluding chapter officers, volunteers, or other persons of authority besides the national organization and/or housing corporation from releasing members from their mutually agreed upon obligations.

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 likely required by law (check state law for each chapter house location) 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.

The sorority/fraternity (“sorority”) exposures are vast in scope and challenging for an insurance company to underwrite and ultimately “accept” the risk in writing the coverage. The insurance coverage is designed to protect and defend the “sorority” and its collegiate and alumnae members from any allegations by someone else, a third-party, of damage or injury. Subsequently the coverage is not designed to be a first-party coverage whereby a member sues another member or the organization for damage or bodily injury.

This very distinction becomes the central point in the requirement that the insurance company has established with the residency in a chapter house.
One of the basic tenants is that only collegiate members of the organization are permitted to be residents of a chapter house. The presumption then is that as members you are obligated to follow the rules and guidelines of the “sorority” and in the absence of which, you run the risk of membership termination and eviction from the chapter housing.

If you are not a member, the “sorority” has very little recourse to draw upon should the non-member engage in behavior that does not mesh with the “sorority’s” rules. Subsequently, the landlord and/or the “sorority” chapter are forced to rely on local “tenancy” laws which are generally not a cost effective solution for eviction. There are numerous “sorority specific” reasons also that make the non-member resident cumbersome and a distraction to the chapter.
Therefore, we recommend that our clients do not entertain the allowance of non-members as residents of a “sorority” chapter house.