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George Mason Fraternity's Suit Dismissed

BY MATTHEW BARAKAT, AP
FEBRUARY 22, 2008

ALEXANDRIA, Va. (AP) -- A federal judge on Friday dismissed a lawsuit by a George Mason University fraternity that claimed its constitutional rights were infringed when it was expelled from campus for hazing and other violations.

The Sigma Chi chapter at George Mason claimed the Fairfax school violated its members' rights to free speech, freedom of assembly and due process. U.S. District Judge Leonie Brinkema, however, found that the plaintiffs were not deprived of any constitutional rights.

The university expelled the Sigma Chi chapter in 2006 for violations including hazing, providing alcohol to minors and twice "sponsoring a party under conditions that resulted in sexual assault on a female guest."

The fraternity said the hazing allegations were based on nothing more than marching on campus and singing the fraternity anthem "Hark! the Sigs." Everyone who took part did so voluntarily, it said.

The fraternity also disputed that sexual assaults occurred. A school administrative body had concluded that two fraternity members were guilty of assaults, but criminal charges were never filed.

The fraternity's lawyer, Tamara Tucker, said after Friday's hearing that she wanted to discuss the ruling with the fraternity before deciding whether to appeal.

The lawsuit, filed last year, turned particularly nasty in recent weeks. The university had since been dropped as a defendant, though the suit still named President Alan Merten and other top officials.

The university submitted video evidence showing a fraternity leader vomiting after a drinking game. The fraternity, meanwhile, cited a photo on the Web site collegehumor.com that seemed to show Merten playing a drinking game called "beer pong" with members of a different fraternity.

A university spokesman denied that the photo depicted any wrongdoing.

During Friday's hearing, Brinkema chided both sides, saying they "have been engaged in a certain kind of vitriol that was not necessary."


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