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.