Returning to Campus: Considerations for Reopening Chapter Facilities
In the midst of the COVID-19 pandemic, many colleges and universities are currently planning to welcome students back to campus in the fall. Fraternities and sororities will face significant challenges in reopening their chapter facilities in a manner that protects the safety of their members and also effectively manages risk and potential liability associated with COVID-19. Below we raise a number of issues for fraternities and sororities to consider as they prepare to reopen their living units for the fall academic term.
- Member Housing Agreements
Many Greek organizations utilize template member housing agreements that do not change in material fashion from year-to-year. As you set to reopen your facility for the fall academic term, consider whether your member housing agreement, or any addendum to the agreement, addresses the following: (a) whether your members are contractually required to comply with any rules, guidelines or practices put in place by the national entity, house corporation and/or the local chapter specific to COVID-19, such as social distancing requirements, wearing a mask and daily monitoring for symptoms associated with the virus; (b) whether your members are contractually required to monitor and comply with all guidance and/or regulations issued by the CDC, state and local health authorities and university leadership regarding COVID-19; (c) whether guest access to the chapter facility is sufficiently limited to essential staff, vendors and parents; (d) whether members can be required to temporarily move out of the chapter facility if they test positive for COVID-19; and (e) whether, and to what extent refunds are due to members if the college or university closes the campus. Finally, by electing to live in the chapter facility during the 2020-2021 academic year, members of fraternities and sororities are assuming the risk associated with living in a communal environment, including, but not limited to, the risk of being infected with COVID-19. Greek organizations should review their member housing agreements to determine whether there is a sufficient release or waiver of claims relating to exposure to COVID-19.
- Employee and Vendor Agreements
Agreements with employees and vendors such as house directors and housekeepers should be reviewed to consider whether: (a) the employee or vendor is required to comply with any rules, guidelines or practices put in place by the national entity, house corporation and/or the local chapter specific to COVID-19, such as social distancing requirements and wearing a mask; (b) the employee or vendor is required to immediately notify a designated representative of the fraternity or sorority and avoid any contacts with members of the organization if he or she is diagnosed with COVID-19 and/or suffering from symptoms associated with COVID-19; (c) amounts paid to the employee or vendor can be reduced or pro-rated in the event the start of the academic year is delayed and/or if the chapter facility is closed during the academic year due to the COVID-19 outbreak.
- Modifications to Food Service
Significant modifications to traditional food service in fraternities and sororities will have to be implemented. Meal times should be staggered to allow members to maintain appropriate social distancing and floor markers should be utilized to designate appropriate places to sit and/or stand in line while dining. In addition, arrangements should be made with food service vendors to package carry-out meals with disposable plates, utensils and cups. Buffets and self-serve style meal service should be avoided. Finally, access to the kitchen should be strictly limited to essential personnel who have undergone daily health screenings.
If you would like further information or to discuss this guidance, please contact
Mike Chabraja or any member of
Ice Miller’s Fraternities and Sororities Group.
This publication is intended for general information purposes only and does not and is not intended to constitute legal advice. The reader should consult with legal counsel to determine how laws or decisions discussed herein apply to the reader’s specific circumstances.