What New South?

Chronicle of Higher Education - web daily - Friday, May 17, 2002

Auburn U. Settles Lawsuit With Suspended Fraternity
By CHRISTOPHER FLORES

Auburn University has settled a lawsuit brought by a fraternity the 
institution suspended after members were photographed in blackface 
costumes during a Halloween party last October. Although Auburn 
officials declined to comment on the settlement's terms, the 
Associated Press reported that the university was allowing the 
fraternity to return to the campus.

The university suspended 10 Beta Theta Pi members from the 
institution and revoked the fraternity's charter after members were 
photographed wearing Afro wigs and blackface at the party. The 
photographs were then posted on several Web sites.

A judge later ordered that the students be reinstated.

"Since then the national organization restored the charter of the 
fraternity," said Robert Lowry, an Auburn spokesman. "We were sued by 
Beta Theta Pi for violation of First Amendment rights. That lawsuit 
was settled yesterday, but we aren't discussing the settlement until 
it is signed by both parties and filed with the court. At this point, 
it's only an understanding by both parties."

Steven Becker, a spokesman at the fraternity's national office, also 
declined to comment on the settlement other than to say one had been 
reached. Mr. Becker would not confirm statements attributed to him in 
the Associated Press report that the terms of the settlement included 
the fraternity's reinstatement at Auburn or that the university would 
not pay any money to the fraternity.

Lawyers for the fraternity and for the university also declined to comment.

Another fraternity, Delta Sigma Phi, was also suspended from Auburn 
last October for a similar incident at its Halloween party. In that 
instance, fraternity members were photographed in blackface with 
nooses around their necks. The fraternity also incorporated 
Confederate and Ku Klux Klan paraphernalia into its celebration. 
Delta Sigma Phi was not involved in Wednesday's settlement.