IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

ALPHA IOTA OMEGA CHRISTIAN

§

FRATERNITY, an unincorporated association; §

TREVOR J. HAMM, an individual; and CARLON D. MYRICK, an individual,

§ § CASE NO. ______________

Plaintiffs,

§ §

1:04CV 00765

§

v.

§ VERIFIED COMPLAINT FOR

§ INJUNCTIVE AND DECLARATORY

JAMES MOESER, Chancellor of the University § RELIEF AND NOMINAL DAMAGES

of North Carolina at Chapel Hill; RICHARD T. §

WILLIAMS, Chairman and member, Board of §

Trustees of the University of North Carolina at §

Chapel Hill; NELSON SCHWAB III, Vice

§

Chairman and member, Board of Trustees of the §

University of North Carolina at Chapel Hill;

§

JEAN ALMAND KITCHIN, Secretary and

§

member, Board of Trustees of the University of §

North Carolina at Chapel Hill; TIMOTHY B.

§

BURNETT; PHILIP G. CARSON; RUSSELL M. §

CARTER; JOHN G. B. ELLISON, JR.; PAUL §

FULTON, JR.; KAROL V. MASON; ROGER L. §

PERRY, SR.; A. DONALD STALLINGS;

§

ROBERT W. WINSTON III; members, Board of §

Trustees of the University of North Carolina at §

Chapel Hill; JONATHAN CURTIS, Assistant

§

Director of Student Affairs and Organizations, §

University of North Carolina at Chapel Hill;

§

MOLLY CORBETT BROAD, President,

§

University of North Carolina; J. BRADLEY

§

WILSON, Chair and member, Board of

§

Governors of the University of North Carolina; J. §

CRAIG SOUZA, Vice Chairman and member, §

Board of Governors of the University of North s

Carolina; PATSY B. PERRY, Secretary and

§

member, Board of Governors of the University of §

North Carolina; BRADLEY T. ADCOCK; G.

§

IRVIN ALDRIDGE; JAMES G. BABB; BRENT §

D. BARRINGER; J. ADDISON BELL; R.

§

STEVE BOWDEN; F. EDWARD

§

BROADWELL, JR.; WILLIAM L. BURNS, JR.; §

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ANNE W. CATES; JOHN F.A.V. CECIL; BERT §

COLLINS; JOHN W. DAVIS III; RAY S.

§

FARRIS; DUDLEY E. FLOOD; HANNAH D. §

GAGE; WILLIE J. GILCHRIST; H. FRANK §

GRAINGER; PETER D. HANS; PETER

§

KEBER; ADELAIDE DANIELS KEY; G.

§

LEROY LAIL; CHARLES H. MERCER, JR.; §

CHARLES S. NORWOOD; CARY C. OWEN; §

JIM W. PHILLIPS, JR.; GLADYS ASHE

§

ROBINSON; ESTELLE "BUNNY" SANDERS; §

PRISCILLA P. TAYLOR; and ROBERT F.

§

WARWICK, members, Board of Governors of §

the University of North Carolina; each in their §

official capacities,

§

§

Defendants.

§

Come now the Plaintiffs, through their attorneys and pursuant to the Federal Rules of Civil Procedure, and for their causes of action against Defendants aver the following:
I. INTRODUCTION 1. This case is a federal civil rights action against officials of the University of North Carolina brought by a fraternity and two of its members who are students at the University of North Carolina at Chapel Hill. Members and officers of the Alpha Iota Omega Christian Fraternity must be Christians and adhere to a statement of faith. Thus, Plaintiffs have refused on First Amendment grounds to sign the University's Policy on Non-Discrimination as a condition of receiving official recognition from the University. As a result, the University has denied the fraternity official recognition and its accompanying benefits and privileges, including the right to use University facilities, property, services or equipment for meetings; to use the University name; to apply for funding from the Student Activities Fee; and the right to seek assistance from

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the Division of Student Affairs. The University of North Carolina's policy violates the First and Fourteenth Amendments to the United States Constitution.
II. JURISDICTION AND VENUE 2. This action arises under the United States Constitution, particularly the First and Fourteenth Amendments; and under federal law, particularly 42 U.S.c. §§ 1983 and 1988. 3. This Court has original jurisdiction over these federal claims by operation of 28 U.S.C. §§ 1331 and 1343. 4. This Court has authority to issue the requested declaratory relief under 28 U.S.C. § 2201. 5. This Court has authority to issue the requested injunctive relief under 28 U.S.C. § 1343( a)(3). 6. This Court is authorized to award the requested damages under 28 U.S.c. § 1343( a)(3). 7. This Court is authorized to award attorneys fees under 42 U.S.c. § 1988. 8. Venue is proper in the United States District Court for the Middle District of North Carolina under 28 U.S.c. § 1391(b) in that a substantial part of the events giving rise to the claim occurred within the District.
III. IDENTIFICATION OF THE PLAINTIFFS 9. Alpha Iota Omega Christian Fraternity ("AIO") is, and was at all times relevant to this Complaint, an unincorporated student organization of the University of North Carolina at
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Chapel Hill (HUNC-CH"). It is capable of suing in its own name. 1O. Trevor J. Hamm is, and was at all times relevant to this Complaint, a student at
the University and president of the AIO chapter at the UNC-CH. 11. Carlon D. Myrick is, and was at all times relevant to this Complaint, a student at
the University and a member of the AIO chapter at the UNC-CH. IV.
IDENTIFICATION OF THE DEFENDANTS 12. James Moeser is, and was at all times relevant to this Complaint, Chancellor of the UNC-CH. This Defendant's duties include, among others, the oversight of the UNC-CH and the execution of policies that govern that University. 13. Richard T. Williams is, and was at all times relevant to this Complaint, Chairman and member of the Board of Trustees of the UNC-CH. This Defendant's duties include, among others, the adoption of polices that govern UNC-CH. 14. Nelson Schwab III is, and was at all times relevant to this Complaint, Vice Chairman and member of the Board of Trustees of the UNC-CH. This Defendant's duties include, among others, the adoption of polices that govern UNC-CH. 15. Jean Almand Kitchin, is, and was at all times relevant to this Complaint, Secretary and member of the Board of Trustees of the UNC-CH. This Defendant's duties include, among others, the adoption of polices that govern UNC-CH. 16. Timothy B. Burnett is, and was at all times relevant to this Complaint, a member of the Board of Trustees of the UNC-CH. This Defendant's duties include, among others, the adoption of polices that govern UNC-CH.
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17. Philip G. Carson is, and was at all times relevant to this Complaint, a member of the Board of Trustees of the ONC-CH. This Defendant's duties include, among others, the adoption of polices that govern ONC-CH.
18. Russell M. Carter is, and was at all times relevant to this Complaint, a member of the Board of Trustees of the UNC-CH. This Defendant's duties include, among others, the adoption of polices that govern ONC-CH.
19. John G. B. Ellison, Jr. is, and was at all times relevant to this Complaint, a member of the Board of Trustees of the UNC-CH. This Defendant's duties include, among others, the adoption of polices that govern ONC-CH.
20. Paul Fulton, Jr. is, and was at all times relevant to this Complaint, a member of the Board of Trustees of the ONC-CH. This Defendant's duties include, among others, the adoption of polices that govern ONC-CH.
21. Karol V. Mason is, and was at all times relevant to this Complaint, a member of the Board of Trustees of the UNC-CH. This Defendant's duties include, among others, the adoption of polices that govern ONC-CH.
22. Roger L. Perry, Sf. is, and was at all times relevant to this Complaint, a member of the Board of Trustees of the UNC-CH. This Defendant's duties include, among others, the adoption of polices that govern UNe-CH.
23. A. Donald Stallings is, and was at all times relevant to this Complaint, a member of the Board of Trustees of the ONC-CH. This Defendant's duties include, among others, the adoption of polices that govern UNC-CH.
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24. Robert W. Winston III is, and was at all times relevant to this Complaint, a member of the Board of Trustees of the UNC-CH. This Defendant's duties include, among others, the adoption of polices that govern UNC-CH.
25. Jonathan Curtis is, and was at all times relevant to this Complaint, the Assistant Director of Student Affairs and Organizations, UNC-CH. This Defendant's duties include, among others, the oversight of the official recognition process for student organizations at the UNC-CH and the application of University policies to those student organizations.
26. Molly Corbett Broad is, and was at all times relevant to this Complaint, the President of the University of North Carolina ("UNC"). This Defendant's duties include, among others, executing the policies of the UNC.
27. J. Bradley Wilson is, and was at all times relevant to this Complaint, Chair and member of the Board of Governors of the UNC. This Defendant's duties include, among others, the adoption of policies that govern the UNC, including the UNC-CH campus.
28. J. Craig Souza is, and was at all times relevant to this Complaint, Vice Chair and member of the Board of Governors of the UNe. This Defendant's duties include, among others, the adoption of policies that govern the UNC, including the UNC-CH campus.
29. Patsy B. Perry is, and was at all times relevant to this Complaint, Secretary and member of the Board of Governors of the UNC. This Defendant's duties include, among others, the adoption of policies that govern the UNC, including the UNC-CH campus.
30. Bradley T. Adcock is, and was at all times relevant to this Complaint, a member of the Board of Governors of the UNe. This Defendant's duties include, among others, the adoption of policies that govern the UNC, including the UNC-CH campus.
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31. G. Irvin Aldridge is, and was at all times relevant to this Complaint, a member of the Board of Governors of the UNC. This Defendant's duties include, among others, the adoption of policies that govern the UNC, including the UNC-CH campus.
32. James G. Babb is, and was at all times relevant to this Complaint, a member of the Board of Governors of the UNC. This Defendant's duties include, among others, the adoption of policies that govern the UNC, including the UNC-CH campus.
33. Brent D. Barringer is, and was at all times relevant to this Complaint, a member of the Board of Governors of the UNe. This Defendant's duties include, among others, the adoption of policies that govern the UNC, including the UNC-CH campus.
34. 1. Addison Bell is, and was at all times relevant to this Complaint, a member of the Board of Governors of the UNC. This Defendant's duties include, among others, the adoption of policies that govern the UNC, including the UNC-CH campus.
35. R. Steve Bowden is, and was at all times relevant to this Complaint, a member of the Board of Governors of the UNe. This Defendant's duties include, among others, the adoption of policies that govern the UNC, including the UNC-CH campus.
36. F. Edward Broadwell, Jr. is, and was at all times relevant to this Complaint, a member of the Board of Governors of the UNC. This Defendant's duties include, among others, the adoption of policies that govern the UNC, including the UNC-CH campus.
37. William L. Bums, Jr. is, and was at all times relevant to this Complaint, a member of the Board of Governors of the UNC. This Defendant's duties include, among others, the adoption of policies that govern the UNC, including the UNC-CH campus.
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38. Anne W. Cates is, and was at all times relevant to this Complaint, a member of the Board of Governors of the UNC. This Defendant's duties include, among others, the adoption of policies that govern the UNC, including the UNC-CH campus.
39. John F.A.V. Cecil is, and was at all times relevant to this Complaint, a member of the Board of Governors of the UNC. This Defendant's duties include, among others, the adoption of policies that govern the UNC, including the UNC-CH campus.
40. Bert Collins is, and was at all times relevant to this Complaint, a member of the Board of Governors of the UNC. This Defendant's duties include, among others, the adoption of policies that govern the UNC, including the UNC-CH campus.
41. John W. Davis III is, and was at all times relevant to this Complaint, a member of the Board of Governors of the UNC. This Defendant's duties include, among others, the adoption of policies that govern the UNC, including the UNC-CH campus.
42. Ray S. Farris is, and was at all times relevant to this Complaint, a member of the Board of Governors of the UNC. This Defendant's duties include, among others, the adoption of policies that govern the UNC, including the UNC-CH campus.
43. Dudley E. Flood is, and was at all times relevant to this Complaint, a member of the Board of Governors of the UNC. This Defendant's duties include, among others, the adoption of policies that govern the UNC, including the UNC-CH campus.
44. Hannah D. Gage is, and was at all times relevant to this Complaint, a member of the Board of Governors of the UNC. This Defendant's duties include, among others, the adoption of policies that govern the UNC, including the UNC-CH campus.
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45. Willie 1. Gilchrist is, and was at all times relevant to this Complaint, a member of the Board of Governors of the UNC. This Defendant's duties include, among others, the adoption of policies that govern the UNC, including the UNC-CH campus.
46. H. Frank Grainger is, and was at all times relevant to this Complaint, a member of the Board of Governors of the UNC. This Defendant's duties include, among others, the adoption of policies that govern the UNC, including the UNC-CH campus.
47. Peter D. Hans is, and was at all times relevant to this Complaint, a member of the Board of Governors of the UNC. This Defendant's duties include, among others, the adoption of policies that govern the UNC, including the UNC-CH campus.
48. Peter Keber is, and was at all times relevant to this Complaint, a member of the Board of Governors of the UNC. This Defendant's duties include, among others, the adoption of policies that govern the UNC, including the UNC-CH campus.
49. Adelaide Daniels Key is, and was at all times relevant to this Complaint, a member of the Board of Governors of the UNe. This Defendant's duties include, among others, the adoption of policies that govern the UNC, including the UNC-CH campus.
50. G. Lerory Lail is, and was at all times relevant to this Complaint, a member of the Board of Governors of the UNC. This Defendant's duties include, among others, the adoption of policies that govern the UNC, including the UNC-CH campus.
51. Charles H. Mercer, Jr. is, and was at all times relevant to this Complaint, a member of the Board of Governors of the UNC. This Defendant's duties include, among others, the oversight of the UNC, including the UNC-CH campus, and the adoption of policies that govern the UNC
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52. Charles S. NOlwood is, and was at all times relevant to this Complaint, a member of the Board of Governors of the UNC. This Defendant's duties include, among others, the adoption of policies that govern the UNC, including the UNC·CH campus.
53. Cary C. Owen is, and was at all times relevant to this Complaint, a member of the Board of Governors of the UNC. This Defendant's duties include, among others, the adoption of policies that govern the UNC, including the UNC·CH campus.
54. Jim W. Phillips, Jr. is, and was at all times relevant to this Complaint, a member of the Board of Governors of the UNC. This Defendant's duties include, among others, the adoption of policies that govern the UNC, including the UNC-CH campus.
55. Gladys Ashe Robinson is, and was at all times relevant to this Complaint, a member of the Board of Governors of the UNC. This Defendant's duties include, among others, the adoption of policies that govern the UNC, including the UNC-CH campus.
56. Estelle "Bunny" Sanders is, and was at all times relevant to this Complaint, a member of the Board of Governors of the UNC. This Defendant's duties include, among others, the adoption of policies that govern the UNC, including the UNC-CH campus.
57. Priscilla P. Taylor is, and was at all times relevant to this Complaint, a member of the Board of Governors of the UNe. This Defendant's duties include, among others, the adoption of policies that govern the UNC, including the UNC-CH campus.
58. Robert F. Warwick is, and was at all times relevant to this Complaint, a member of the Board of Governors of the UNC. This Defendant's duties include, among others, the adoption of policies that govern the UNC, including the UNC-CH campus.
59. Each of these defendants is sued in his or her official capacity only.
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v.
STATEMENTS OF FACT Fraternity Background
60. The Alpha Iota Omega Fraternity ("AIO") is a male fraternity on the UNC-CH campus.
61. Trevor 1. Hamm, Carlon D. Myrick, and Jonathan Park are the three current members of AIO at the University.
62. Mr. Hamm is the president of the AIO chapter at the UNC-CH. 63. Mr. Hamm, Mr. Myrick, and Mr. Park are all full-time, registered students at the
UNe-CH.
64. The plaintiffs have joined together to promote AIO's goal for undergraduate members to uphold the Great Commission of Jesus Christ by serving members of Greek letter organizations through evangelism and mentorship, both on university campuses and in the greater community.
65. AIO is governed by a constitution. A true and correct copy of AIO's constitution is attached as Exhibit 1.
66. AIO has adopted by-laws. A true and correct copy of AIO's by-laws is attached as Exhibit 2.
67. Specifically, AIO's by-laws provide that: While Alpha Iota Omega Christian Fraternity, Inc. was established to provide a constructive spiritual environment for college men, membership in this organization shall be open to all male individuals without regard to race, color, national origin, disability, age, or veteran status having met the qualifications described herein. However, due to the explicit Christian purposes and tenets on
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which this organization is founded, members shall be selected according to the standards set by the organization, in accordance with the statement of faith. See Ex. 2 at 1. 68. AIO believes that to achieve success in reaching its religiously-motivated goals of promoting the Christian faith to men belonging to fraternities at UNC-CH, it must require its members and officers to adhere to a Christian statement of faith, Christian tenets of belief, and Christian standards of conduct. 69. AIO's statement of faith is contained on page 3 of its "Undergraduate Manual." A true and correct copy of the Undergraduate Manual is attached as Exhibit 3. 70. AIO's tenets of belief and standards of conduct are also included in its Undergraduate Manual. Id. at 4-7. 71. Individuals who refuse to adhere to AIO's statement of faith and Christian standards of conduct are not permitted to be members or officers. 72. It would contradict AIO's expressive and associational purpose to permit individuals who disagree with AIO's statement of faith, tenets of belief, and Christian standards of conduct to serve as officers or members. 73. Among AIO's Christian standards of conduct is the belief that Christian standards of conduct limit sexual conduct to that which takes place in a marriage between one man and one woman. Ex. 3 at 6-7 ("Conviction of Relational Purity"). 74. AIO believes that sexual conduct that takes place outside of marriage is contrary to Christian standards of behavior. Id. 75. Accordingly, individuals who engage in sexual conduct outside of marriage, whether heterosexual or homosexual, are not permitted to be members or officers of AIO.
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76. It would contradict Ala's expressive and associational purpose to pennit individuals who fail to adhere to Ala's standards of conduct to serve as officers or members.
University Policies
77. UNC-CH is one of sixteen campuses of the UNC. 78. The UNC Board of Governors adopts policies that govern the UNC and its sixteen campuses, including the UNC-CH. 79. The UNC Board of Governors has delegated authority to the UNC-CH Board of Trustees to make additional policies specific to the UNC-CH campus so long as those additional policies are consistent with the UNC Board of Governors' policies. 80. UNC-CH allows student organizations to apply for official recognition as a UNCCH student co-curricular organization. 81. Official recognition entitles a student organization to:
a. reserve UNC-CH facilities, property, services, or equipment; h. use the UNC-CH name as part of the organization; c. access funding from the Student Activity Fee legislatively apportioned by
the Student Congress; and d. seek assistance from the Division of Student Affairs, Carolina Legal
Services, Inc., and the Student Activities Fund Office. 82. The UNC-CH requires that a student organization seeking official recognition must submit a signed "University Recognition Agreement for UNC-CH Student Co-Curricular Organizations" C'Agreement"). A true and correct copy of an unsigned version of this document is attached as Exhibit 4.
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83. The Agreement informs prospective student organizations that it is a "binding agreement between your organization and the University of North Carolina at Chapel Hill." Id.
84. As a condition of official recognition, the Agreement requires that a student organization must, among other things, comply with all UNC and UNC-CH policies, including UNC and UNC-CH policies on non-discrimination.ld.
85. Specifically, the Agreement states that "membership and participation in your organization must be open without regard to age, race, color, national origin, religion, disability, veteran status, or sexual orientation." Id.
86. The Agreement states that "[0]fficial recognition does not mean that the University endorses the viewpoints of the organizations." Id.
87. The UNC and the UNC-CH do not endorse the viewpoints of officiallyrecognized student co-curricular organizations that are considered "University-affiliated."
88. The Agreement states that "[r]ecognition may be withdrawn or denied should it be determined ... the organization fails to comply with University policies, including University policies on non-discrimination." Id.
89. Student organizations are provided a hyperlink to the UNC and UNC-CH Policy on Non-Discrimination on the Student Activities and Organizations section of the University's website.
90. As linked on the Student Activities and Organizations website, the Policy on NonDiscrimination is in the form of a September 6, 2001 memo from Defendant James Moeser to "Deans, Directors, and Department Chairs" ("Non-Discrimination Policy"). A true and correct copy of the Non-Discrimination Policy is attached as Exhibit 5.
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91. The Non-Discrimination Policy states in relevant part:
It is our policy with respect to employment terms and conditions and educational programs not to discriminate on the basis of age, sex, race, color, national origin, religion, or disability.
In addition, the University has adopted an internal policy on non-discrimination on the basis of sexual orientation. That policy provides that educational and employment decisions should be based on individuals' abilities and qualifications and should not be based on irrelevant factors or personal characteristics that have no connection with academic abilities or job performance. Among the traditional factors which are generally "irrelevant" are age, sex, race, color, national origin, religion, and disability. It is the policy of The University of North Carolina at Chapel Hill that an individual's sexual orientation be treated in the same manner. Such a policy ensures that only relevant factors are considered and that equitable and consistent standards of conduct and performance are applied.
http://www.unc.edulcampus/policies/nondiscrim.html (last visited on August 21, 2004); see also Ex. 5.
92. The Non-Discrimination Policy reflects the official policy of both the UNC Board
of Governors and the UNC-CH Board of Trustees.
93. An exception to the Non-Discrimination Policy is that officially recognized
student organizations may be exclusively male or female if exempted under Title IX, 28 U.S.C. §
1681.
94. Student organizations are also provided a hyperlink to the UNC-CH Policy on
Sexual Orientation ("Sexual Orientation Policy") on the Student Activities and Organizations
portion of the UNC-CH website.
95. The Sexual Orientation Policy states in relevant part:
The University of North Carolina at Chapel Hill believes that educational and employment decisions should be based on individuals' abilities and qualifications and should not be based on irrelevant factors or personal characteristics that have no connection with academic abilities or job performance. Among the traditional factors which are generally "irrelevant" are age, race, color, sex, religion, national origin, and disability. It is the policy of The University of North Carolina at Chapel Hill that an
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individual's sexual orientation be treated in the same manner. Such a policy ensures that only relevant factors are considered and that equitable and consistent standards of conduct and performance are applied. http://hr.unc.eduJDataiSP A/employeerelationslharassmentlsexual-orientation (last visited on August 21, 2004). AIO Unrecognized 96. AIO has previously been an officially-recognized, student co-curricular organization at the UNC-CH for a number of years. 97. As a male fraternity, AIO is allowed to limit its membership to males under Title IX. 98. As an officially-recognized organization, AIO had an UNC-CH student organization account and space on the UNC-CH website. 99. In September of 2003, AIO notifed Defendant Jonathan Curtis that it would no longer subscribe to the Non-Discrimination and Sexual Orientation Policies to the extent that those policies conflicted with the requirement that all AIO members and officers adhere to a Christian statement of faith, adhere to tenets of belief, and conform to certain standards of conduct. 100. In December 2003, Plaintiff Trevor Hamm attempted to access the AIO portion of the UNC-CH website. 101. UNC-CH had removed AIO's information on the UNC-CH website. 102. UNC-CH had also frozen AIO's student organization account. 103. AIO and its members contacted Defendant Curtis about the AIO website and account.
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104. Defendant Curtis infonned Ala that Ala's official recognition had been withdrawn by the UNC-CH for Ala's failure to certify its compliance with the NonDiscrimination Policy and the Sexual Orientation Policy.
105. AIO desires official recognition as a student co-curricular organization at the UNC-CH.
106. Plaintiffs object to the Non-Discrimination and Sexual Orientation Policies that require Ala to open its membership and elected positions to all students regardless of religion or sexual orientation.
107. Plaintiffs' objections to the Non-Discrimination and Sexual Orientation Policies stem from their sincerely held religious beliefs.
108. Plaintiffs do not object to the UNC and UNC-CH policies forbidding discrimination on age, race, color, national origin, and disability.
VI. STATEMENTS OF LAW 109. All alleged acts of the Defendants, their officers, agents, servants, employees, or persons acting at their behest or direction, were done and are continuing to be done under the color of state law, including the statutes, regulations, customs, policies and usages of the State of North Carolina. 110. Plaintiffs challenge Defendants' Non-Discrimination and Sexual Orientation Policies forbidding officially-recognized student co-curricular organizations to discriminate on the basis of religion and sexual orientation, facially and as-applied.
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111. Unless and until the enforcement of the Defendants' Non-Discrimination and Sexual Orientation Policies are enjoined, Plaintiffs will suffer and continue to suffer irreparable harm to their constitutional rights.
VII. FIRST CAUSE OF ACTION: FREEDOM OF ASSOCIATION 112. Plaintiffs reallege all matters set forth in the preceding paragraphs and incorporate them herein by reference. 113. By enacting and enforcing the Non-Discrimination and Sexual Orientation Policies forbidding officially-recognized student co-curricular organizations to discriminate on the basis of religion and sexual orientation, Defendants have unconstitutionally conditioned UNC-CH benefits on Plaintiffs and other student organizations yielding their clearly established right to freedom of association for expressive purposes secured by the First and Fourteenth Amendments to the Constitution. 114. By enacting and enforcing the Non-Discrimination and Sexual Orientation Policies forbidding officially-recognized student co-curricular organizations to discriminate on the basis of religion and sexual orientation, Defendants have deprived Plaintiffs and other student organizations of their clearly established right to freedom of association for expressive purposes secured by the First and Fourteenth Amendments to the Constitution. 115. The Defendants have no compelling reason that would justify the burden imposed upon the association of the Plaintiffs and other student organizations. WHEREFORE, Plaintiffs respectfully pray that the Court grant the relief set forth hereinafter in the prayer for relief.
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VIII. SECOND CAUSE OF ACTION: FREEDOM OF SPEECH 116. Plaintiffs reallege all matters set forth in the preceding paragraphs and incorporate them herein by reference. 117. Speech, including religious speech, is protected by the First and Fourteenth Amendments to the United States Constitution. 118. A corollary of the right to speak is the right not to speak. 119. By their policies, Defendants are unconstitutionally forcing Plaintiffs to express approval of other religions, non-traditional and meretricious relationships, and homosexual behavior and other sexual activity outside of marriage, or else surrender the privileges granted to them as an officially recognized student organization on campus. 120. By enacting and enforcing the Non-Discrimination and Sexual Orientation Policies forbidding officially-recognized student co-curricular organizations to discriminate on the basis of religion and sexual orientation, Defendants have unconstitutionally conditioned UNC-CH benefits on Plaintiffs and other student organizations yielding their clearly established right to freedom of speech secured by the First and Fourteenth Amendments to the Constitution. 121. By enacting and enforcing the Non-Discrimination and Sexual Orientation Policies forbidding officially-recognized student co-curricular organizations to discriminate on the basis of religion and sexual orientation, Defendants have deprived Plaintiffs and other student organizations of their clearly established right to freedom of speech secured by the First and Fourteenth Amendments to the Constitution.
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122. The Defendants have no compelling reason that would justify the burden imposed upon the speech of the Plaintiffs and other student organizations.
WHEREFORE, Plaintiffs respectfully pray that the Court grant the relief set forth hereinafter in the prayer for relief.
IX. THIRD CAUSE OF ACTION: FREE EXERCISE OF RELIGION 123. Plaintiffs reallege all matters set forth in the preceding paragraphs and incorporate them herein by reference. 124. The wording of Plaintiffs' Constitution, By-Laws and Undergraduate Manual is motivated by their sincerely held religious beliefs. 125. By enacting and enforcing the Non-Discrimination and Sexual Orientation Policies forbidding officially-recognized student co-curricular organizations to discriminate on the basis of religion and sexual orientation, Defendants have unconstitutionally conditioned UNC-CH benefits on Plaintiffs and other student organizations yielding their clearly established right to free exercise of their religion secured by the First and Fourteenth Amendments to the Constitution. 126. By enacting and enforcing the Non-Discrimination and Sexual Orientation Policies forbidding officially-recognized student co-curricular organizations to discriminate on the basis of religion and sexual orientation, Defendants have deprived Plaintiffs and other student organizations of their clearly established right to free exercise of their religion secured by the First and Fourteenth Amendments to the Constitution.
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127. The Defendants have no compelling reason that would justify the burden imposed upon the religion of the Plaintiffs and other student organizations.
WHEREFORE, Plaintiffs respectfully pray that the Court grant the relief set forth hereinafter in the prayer for relief.
PRA YER FOR RELIEF WHEREFORE, Plaintiffs request the following relief: A. That this Court preliminary and permanently enjoin the Defendants from enforcing their Non-Discrimination and Sexual Orientation Policies forbidding officiallyrecognized student co-curricular organization to discriminate on the basis of religion or sexual orientation. B. That this Court enter declaratory judgment stating that Defendants' NonDiscrimination and Sexual Orientation Policies forbidding officially-recognized student cocurricular organization to discriminate on the basis of religion or sexual orientation are facially unconstitutional and violate students' rights as guaranteed under the First and Fourteenth Amendments to the United States Constitution; C. In the alternative, that this Court enter a declaratory judgment stating that the Non-Discrimination and Sexual Orientation Policies forbidding officially-recognized student cocurricular organization to discriminate on the basis of religion or sexual orientation are unconstitutional as applied to the Plaintiffs and violate the Plaintiffs' rights guaranteed under the First and Fourteenth Amendments to the United States Constitution; D. That this Court award Plaintiffs their costs and expenses of this action, including reasonable attorneys' fees under 42 U.S.C. § 1988 and other applicable law;
21
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E. That this Court grant such other and further relief as the Court deems equitable,

just, and proper;

F. That this Court adjudge, decree and declare the rights and other legal relations of

the parties to the subject matter here in controversy, in order that such declarations shall have the

force and effect of final judgment; and

G. That this Court retain jurisdiction of this matter as necessary to enforce the

.;d1. iL.r04, Court's orders.

Respectfully submitted on this, the

y of

;;:;:ht!s

MICHAEL SCHMIDT NC Bar No. 12545 444 S. Main Street Laurinburg, NC 28352 Phone: (910) 266-9017 Fax: (910) 266-9006

* Specially appearing pursuant to LR83.1 (d).

BENJAMIN W. BULL * AZ Bar No. 009940 JORDAN W. LORENCE* MN BarNo. 125210 JOSHUA W. CARDEN* AZ Bar No. 021698 Alliance Defense Fund Law Center 15333 N. Pima Rd., Suite 165 Scottsdale, AZ 85260 Phone: (480) 444-0020 Fax: (480) 444-0028

22 Case 1:04-cv-00765 Document 1 Filed 08/25/04 Page 22 of 69

VERIFICAnON I, Trevor 1. Hamm, a citizen of the United States and a resident of the State of North Carolina, am president of and agent for Alpha Iota Omega Christian Fraternity, a student organization at the University of North Carolina at Chapel Hill. I have read the foregoing Verified Complaint for Declaratory and Injunctive Relief and Nominal Damages and declare under the penalty of perjury under the laws of the State of North Carolina that the foregoing is true and correct.

A Dated this ~ day of ~ 45+

, 2004

Trevor 1. Hamm

Case 1:04-cv-00765 Document 1 Filed 08/25/04 Page 23 of 69

VERIFICA TION I, Carlon D. Myrick, a citizen of the United States and a resident of the State of North Carolina, am a member of Alpha Iota Omega Christian Fraternity, a student organization at the University of North Carolina at Chapel Hill. I have read the foregoing Verified Complaint for Declaratory and Injunctive Relief and Nominal Damages and declare under the penalty of perjury under the laws ofthe State ofNorth Carolina that the foregoing is true and correct.
1 Dated this M day of ~J..Jt ' 2004
Carlon D. Myrick
Case 1:04-cv-00765 Document 1 Filed 08/25/04 Page 24 of 69

ATTACHMENTIEXHIBIT- -. \ ' - - - - - - - -
Case 1:04-cv-00765 Document 1 Filed 08/25/04 Page 25 of 69

Constitution of Alpha Iota Omega Christian Fraternity, Inc.

Article I - Identification

Section 1) This organization shall be known as Alpha Iota Omega Christian Fraternity, Inc.

Section 2) The official colors of the organization shall be Black, Green, and White.

Section 3) The term of this corporation shall be perpetual.

Article II - Pumose

Section 1)

The purpose of Alpha Iota Omega Christianity Fraternity, Inc. is to perpetuate brotherhood, leadership, and service among men through accountability, mentorship, and outreach in local communities.

Article III - Objectives

Section 1) To establish a precedent of holiness for men of all ethnicities.

Section 2)

To promote spiritual growth, initiate fellowship, and develop accountable relationships among men.

Section 3) To demonstrate a standard of excellence in intellectual achievement.

Section 4) To teach the principles of God's kingdom through strategic community service.

Section 5)

To become integral members of the universities and the community at large through involvement in social, political, and cultural organizations.

Article IV - Membership

Section 1) Membership is exclusively open to all male individuals.

Section 2)

The terms, mode, and admission to membership, the rights, duties of members and officers, the methods of meeting, and all other matters concerning the government of this organization shall be determined by the By-Laws.

Article V - Officers

Section 1)

The National Officers consist of the National President, Executive Undergraduate Affairs Coordinator and Executive Alumni Affairs Coordinator.

Section 2)

The National President shall have the power of appointment of intermediate officers as deemed necessary.

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Section 3) Section 1) Section 2) Section 1) Section 2)
Section 1) Section 2) Section 1) Section 1)

The Board of Directors shall be comprised of the National President and other individuals selected to serve on the Board through the selections process.
Article VI - Funds
The funds of this organization shall be accrued by fees, fines, dues, and by such other means as the organization shall determine.
The funds shall be managed in accordance with the By-Laws.
Article VII - Jurisdiction
The jurisdiction of this organization shall initially be that area occupied by the city of Raleigh/Durham, state of North Carolina.
Growth outside of the aforementioned area, included growth of national nature, will be the letter of this constitution whenever and wherever such growth is deemed favorable and necessary for the purpose and objectives of this organization.
a. Growth shall be governed by a system of chartering a chapter in accordance with the By-Laws and the policies of the institution at which an undergraduate chapter would exist.
b. Chapters shall be governed by this constitution, the By-Laws, and the chapter By-Laws. The By-Laws of the chapter shall contain a severability clause declaring their effectiveness in case of conflict with the laws of the state in which the charter was granted, this constitution and By-Laws.
Article VIII - Disciplinar.y Action
Any member who violates either the Constitution, By-Laws, Standing Rules, or other regulations of this organization shall be subject to disciplinary action
The terms, mode, and method of discipline, and all other matters concerning disciplinary action shall be determined by the By-Laws.
Article IX - By-Laws
The By-Laws, such as are written, shall never conflict with the Constitution, nor shall they be amended when such amendment provides said conflict.
Article X - Standing Rules
Such rules shall be adopted for special need and that is of lesser importance or permanence than the Constitution and By-Laws.

2 Case 1:04-cv-00765 Document 1 Filed 08/25/04 Page 27 of 69

Section 2)
Section 1) Section 2) Section 1) Section 2)

Adoption of Standing Rules shall be determined by the By-Laws. These rules, because of their special use, shall not conflict with the Constitution or By-Laws of this organization.
Article XI - Amendments
The membership, whenever two-thirds shall deem it necessary, shall propose amendments to this constitution.
All proposals for amendment must be made at a regular meeting of this organization, and submitted to the Board of Directors for concurrence prior to membership vote.
Article XII - Alpha Epsilon Omega
This organization recognizes Alpha Epsilon Omega Christian Sorority, Inc. as its sister organization.
The duties, obligations, and other matters concerning this recognition shall be determined by the By-Laws.

3 Case 1:04-cv-00765 Document 1 Filed 08/25/04 Page 28 of 69

ATTACHMENT/EXHIBIT

~

Case 1:04-cv-00765 Document 1 Filed 08/25/04 Page 29 of 69

The BY-LAWS of ALPHA IOTA OMEGA CHRISTIAN FRATERNITY, INC.

Article I - General

Section 1:

These are the By-Laws to the constitution of Alpha Iota Omega Christian Fraternity, Incorporated as ratified and amended.

Section 2:

The purpose of Alpha Iota Omega Christianity Fraternity, Inc. is to perpetuate brotherhood, leadership, and service among men through accountability, mentorship, and outreach in local communities.

Section 3: Section 1:

The Fraternity shall have such powers as are now, or may hereafter be, granted by the General Laws of the State on North Carolina authorizing the formation of corporations.
Article II-Goals
The goal of the undergraduate sector of the organization is to uphold the Great Commission ofJesus Christ by serving members of Greek letter organizations through evangelism and mentorship, both on university campuses and in the greater community.

Section 2:

The goal of the graduate sector is to demonstrate true brotherhood, and impact our local communities by mentoring the next generation and getting involved in with social issues in a biblical way.

Article III - Office

Section 1:

The principal address of the Fraternity in the State of North Carolina is: 5500 Fortunes Ridge Drive #74B, Durham, North Carolina 27713.

Article IV - Membership

Section 1:

Membership a. While Alpha Iota Omega Christian Fraternity, Inc. was established to provide a
constructive spiritual environment for college men, membership in this organization shall be open to all male individuals without regard to race, color, national origin, disability, age, or veteran status having met the qualifications described herein. However, due to the explicit Christian purposes and tenets on which this organization is founded, members shall be selected according to the standards set by the organization, in accordance with the statement of faith.

b. Members are enticied to all the rights and privileges provided that they adhere to all rules and regulations of the Fraternity, respectively, and remain in good standing as defined in Section 9.

Section 2:

Definitions a. An 'Undergraduate Member' of the Fraternity is one who is enrolled in an
accredited four-year institution offering baccalaureate degrees.

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b. A 'Graduate Member' of the Fraternity is one who has successfully obtained his post-secondary degree from an accredited institution.

c. An 'Honorary Member' of the Fraternity is one who is initiated in recognition of work and/or achievements that in some way have helped to fulfill the Fraternity purpose.

d. A 'Member-at-Large' of the Fraternity is one who chooses not to affiliate with a local chapter, but still pays dues.

Section 3:

Structure a. Membership shall be on the undergraduate and the graduate chapter levels.
Membership shall be through the dues structure stated herein.

Section 4:

Undergraduate

a. Initiation shall be available to all individuals enrolled in an accredited four year

institution offering baccalaureate degrees, provided:

1.

They are in good standing with their institution fmancially and

academically. Candidates are considered in good academic standing if

they have a cumulative 2.5 grade point average based on a 4.0 scale. In

the event the academic requirements of the candidate's institution are

higher than the Fraternity's requirement, the institution's requirement

shall supersede the organization's. Additionally, if a candidate with a

grade point average between 2.0 and 2.49 is deemed to meet certain

'Exceptional Circumstances', he can be considered for membership by

the governing body of the organization, or a committee designated for

such considerations.

11. They have completed one (1) full semester at their institution and have a

minimum of credit hours that determine a full-time student.

iii. They have demonstrated they are of sound moral character, and adhere

to the standards and tenets upon which the Fraternity was founded.

lV. With the exception of military, professional and service organizations,

they are not members of another Greek fraternal organization.

Section 5:

Graduate a. They have successful obtained their post-secondary degree from an accredited
institution. b. With the exception of military, professional and service organizations, they are
not members of another Greek fraternal organization. c. They must have demonstrated a high standard of ethical conduct and
professionalism as reflected in the foundational tenets of the Fraternity.

Section 6:

Any member of the Fraternity may elect to become a Member-at- Large if he chooses not to affiliate with a local chapter.

Section 7: Honorary

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a. An 'Honorary Member' shall be one who has singularly achieved recognition of work and/or achievements that in some way have helped to fulfill the Fraternity purpose.
b. Individual Fraternity members or chapters recommend a candidate for Honorary Membership to the board.

Section 8:

Annual membership dues, also known as National Dues, are payable at the beginning
of the fiscal year, July 1sr, Each undergraduate member, not associated with an active
undergraduate chapter, shall pay annual membership dues in the amount of $75.00.
Each graduate member, not associated with an active graduate chapter, shall pay
annual membership dues in the amount of $150.00. These dues are independent
from the chapter dues, which are determined by the members of that chapter.

Section 9:

Good Standing and Termination
a. A member is considered in good standing provided he adheres to all rules, policies, the constitution, bylaws and regulations and is financial. A member is considered financial if he has paid his annual membership dues as a member-atlarge or as a member of a chapter as specified in Sections 4 or 5 and Section 6.
b. A member not in good standing is not entitled to the rights and privileges of Alpha Iota Omega and shall be prohibited from participating as a member of the organization in any capacity.
c. Voluntary disassociation (fermination) from this organization shall be accomplished by a member submitting his letter of resignation to both the Chairman of the Board and the National President.
d. Involuntary disassociation from either organization shall be invoked upon fll1ding that an initiate has willingly and wantonly violated material rules and regulations and/ or defaced this organization. Any such violation automatically terminates membership in Alpha Iota Omega, and the name of the initiate in violation will be permanently removed from the record. Involuntary disassociation, being the most severe punishment that can be imposed upon an initiate, may be imposed by unanimous vote of the Board of Directors or by unanimous vote of the elected officers from the member's chapter with the unanimous approval of the Board of Directors.

Section 10:
a. b. c. d.
e.

Chapter Dues and Intake Fees Undergraduate Chapters shall pay as chapter dues the amount equal to $75.00 per
member to the national organization.
Graduate Chapters shall pay as chapter dues the amount equal to $150.00 per
member to the national organization. Undergraduate and graduate chapters dues must be paid by September 15th of each year. All prospective undergraduate members meeting the requirements of undergraduate membership shall pay the undergraduate intake fee of $200.00 regardless of the academic term or semester application is made. Any prospective member meeting the requirements for graduate membership shall pay the graduate intake fee of $400.00, unless he was previously a member as an undergradua teo

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f. All intake fees can be no less than what is paid to the national but can be more based on the discretion of the undergraduate or graduate chapters.
g. Intake fees are due two weeks before the scheduled listening day.

Article V - Board of Directors

Section 1:

General Powers
a. The Board of Directors (the Board) shall work to perpetually protect the best interests of the Fraternity.
b. The Board of Directors shall conduct all business and affairs of the Fraternity and shall be the only persons entitled to vote regarding the affairs of the Fraternity.

Section 2:

Eligibility
a. Any financial undergraduate or graduate chapter initiate can be selected for Board membership.
b. Any member of the Board of Directors must meet the spiritual qualifications of eldership.
c. Former Offtcers can be selected for Board membership. d. It is highly recommended that the Board members complete training, as specified
in the National Manual, at least once every 2 years.

Section 3:

Number of Board Members
a. The number of Directors shall be no less than seven (7) and no more than eleven (11). Of this number, at least one (1) and no more than two (2) members must be undergraduate members of the Fraternity and at least one (1) and no more than two (2) must be graduate members active in a local graduate chapter. These two (2) to four (4) members shall be selected by a selections committee in accordance with Section 4.

Board Officers
b. The Board of Directors will have a Chairman, an Executive Secretary and an Executive Treasurer. The positions will be elected among current Directors. The National President will serve on the board, but cannot simultaneously serve as Chairman.

Section 4:

Selection of Board Members
a. All Board positions, with the exception of the at least one (1) no more than two (2) undergraduate and at least one (1) no more than two (2) graduate members specified in Section 3a, shall be filled by an appointment by the Chairman with the advice and a majority vote of the present Board of Directors given at a lawfully convened meeting thereof.
b. A selections committee shall be assembled for the purposes of selecting the undergraduate and graduate Board members. The Board of Directors shall select the members of this committee. The criteria and stipulations for the selection committee shall be outlined in the National Manual.
c. Those set forth in the Articles of Incorporation shall comprise the original Board of Directors.

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Section 4:

Tenn of Office a. The term of membership shall be two (2) years for all Board members, with the
exception of the members selected in accordance with Section 4b. The term for these members is two (2) years. The National President continues as a member of the Board until his resignation, death, or removal in accordance with Article III, Section 9.

Section 5:

Regular Meetings a. Regular meetings of the Board of Directors will be held at least four (4) times a
year. b. The Chairman shall determine the location for regular meetings. c. At least one regular meeting each year shall be dedicated to the selection of new
Board members, when necessary.

Section 6:

Special Meetings a. The Chairman at the request of any Director may call special meetings of the
Board of Directors. b. The meetings shall be held in the principal office of the Fraternity's office or at
such other place as the Directors may determine.

Section 5:

Notice a. Notice of the regular or any special meeting of the Board of Directors shall be
given by oral notice by the Administrative Director to each Director a month in advance, and with a follow-up letter thereafter. b. The attendance of a Director at any meeting shall constitute a waiver of notice of such meeting, except where a Director attends a meeting for the express purpose of objecting to the transaction of any business because the meeting is not lawfully called or convened.

Section 6:

Quorum A two-thirds majority of the Board of Directors shall constitute a quorum for transaction of business at any meeting of the Board.

Section 7:

Board Decisions The act of the majority of the Board of Directors present at a meeting at which a quorum is present shall be the act of the Board of Directors.

Section 8:

Resignation, Vacancies, and Additions a. Any Board member may resign upon presenting a formal letter of resignation to the present Board of Directors. b. Any vacancy should be addressed at the Board meeting immediately following the vacancy's occurrence. c. A two-thirds (2/3) vote of the Board of Directors present and voting at a lawfully convened meeting thereof shall be required in order to increase or decrease the number of Board members within the limits stated in Section 3.

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Section 9:

Removal
a. In the event, any Board member shall have serious charges preferred against him, which, if true, would disqualify him from his position, the Chairman shall
convene a special meeting of the Board of Directors to consult with the Board member in question and consider his removal. If the Chairman is the Director in question, then the National President shall convene the meeting. b. A two-thirds (2/3) vote of the Board of Directors present and voting at a lawfully convened meeting thereof shall be required for removal. c. Board members may also be removed according to provisions of Article III, Section 9.

Section 10:

Compensation Board members shall not receive salaries, but can receive compensation for their services.

Section 11:

The Powers of the Board a. Chairman's goal is to provide leadership and direction to the membership and
governing board of the organization, by ensuring that all Directors understand and exercise their responsibilities in regard to sound programmatic and fiscal management of the organization. 1. Prepare agenda for membership meetings. 2. Prepare agenda for Board meetings. 3. Preside over all regular and special membership meetings. 4. Preside over all regular and special Board meetings. 5. Sign, with other appropriate officers, corporate and legal documents. 6. Maintain current knowledge of programs and activities. 7. Prepare agenda for Executive Committee meetings. 8. Preside over Executive Committee meetings. 9. Supervise standing committee chairpersons. 10. Facilitate communication between Board and Staff. 11. Ensure Board follow-through on all assigned tasks. 12. Assist in orientation of new Directors. 13. Supervise the National President.

b. Executive Secretary's goal is to oversee the record keeping and correspondence of the membership and the governing board of the organization, ensuring compliance with relevant provisions of the bylaws, North Carolina's not-forprofit corporate law, and IRS regulations. 1. Record and sign the minutes of the meetings of the membership. 2. Record and sign the minutes of the meetings of the Board. 3. Send notices in accordance with the provisions of the bylaws or as required by the law. 4. Ensure that organizational records are protected for long-term safekeeping. 5. Maintain directory of members and the Board, including names, addresses, phone numbers and current position within the organization. 6. Sign appropriate organizational documents as needed. 7. Monitor parliamentary procedure, as needed. 8. Maintain organizational record book.

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9. Sign official corporate correspondence. 10. Update bylaws, as needed when relevant Board resolutions are adopted. 11. Attend and participate in Executive Committee meetings. 12. Attend and participate in at least one other standing committee.
c. Executive Treasurer's goal is to provide financial management and fiscal controls for the organization. His duties include but are not limited to: 1. Monitor receipt of all securities and monies due to and held by the organiza tion. 2. Ensure that all funds are properly deposited and disbursed in a timely manner. 3. Render monthly, quarterly and annual fmancial reports of the organization to the Board of Directors. 4. Ensure that all Federal, State, and local fmancial reports are to be flied on a timely basis. 5. Oversee the preparation of the annual budget and monitor its implementa tion. 6. Ensure that the organization maintains its tax-exempt status. 7. Oversee the design and implementation of an appropriate bookkeeping and accounting system. 8. Contract with an independent CPA to conduct an annual audit. 9. Sign fiscal forms and instruments as necessary. 10. Attend and participate in Executive Committee meetings. 11. Attend and participate in fundraising meetings as necessary.

Section 1:
Section 2:
Section 3:

Article VI - Officers
Officers a. The National Officers consist of the National President, Executive
Undergraduate Affairs Coordinator and Executive Alumni Affairs Coordinator.
Appointment and Term of Office a. The Board of Directors must confirm by majority vote all officers appointed by
the National President. b. The same person may hold no two offices simultaneously. In addition, no
Officer, except for National President, can simultaneously hold a position on the Board of Directors. c. An Officer shall hold office until he is removed and a successor has been duly appointed by the National President and confirmed by the Board.
Removal a. Any officer confirmed by the Board of Directors may be removed by the Board
of Directors whenever in its judgement the best interests of the Fraternity would be served thereby, but such removal shall be without the prejudice to the contractual rights, if any, of the officer so removed.

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b. A two-thirds (2/3) vote of the Board of Directors present and voting at a lawfully convened meeting thereof shall be required for removal.

Section 4:

Vacancies - A vacancy in any office because of death, resignation, removal, disqualification or otherwise, may be filled by an appointment by the National President. These appointments must be approved by a majority vote of the Board of Directors. If the National Presidency is vacant, then the Board of Directors will appoint an interim President until a full search is conducted.

Section 5:

Each officer shall be paid a salary comparable to his duties. The Board of Directors shall determine the amount of said salaries.

Section 5:

The Powers of Officers a. The National President's duties include but are not limited to:
1. shall be a continuing member of the Board of Directors. 2. shall have general management of the Fraternity and general supervision of
the other officers. 3. shall appoint the other National Officers and preside at all meetings of the
National Officers. 4. shall be ex-officio a member of all standing committees, and shall have the
general powers and duties of supervision and management usually vested in the office of president of a corporation. 5. shall serve as the official public relations contact and be the official representative of the Fraternity. 6. shall host the annual national convention.

b. Executive Undergraduate Mfairs Coordinator's duties include but are not limited to: 1. He shall oversee all undergraduate chapters through communication with the Regional Directors. 2. He shall oversee expansion to new campuses and areas. 3. He shall communicate with the chapters as they conduct membership intake.
c. Executive Alumni Mfairs Coordinator's duties include but are not limited to: 1. He shall oversee the affairs of all alumni members and graduate chapters through communication with the Regional Directors. 2. He shall send quarterly journals to alumni members. 3. He shall be responsible for the maintenance of the national web site and emaillistserve. 4. He shall collaborate with the Executive Secretary in preparing for the national convention and the Executive Treasurer with fundraising.
d. Regional Directors: 1. shall be appointed by the National Officers and confirmed by the National President. 2. must be an active member of a local graduate chapter.
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3. shall oversee the designated region's undergraduate and graduate chapters. 4. shall communicate with graduate chapter presidents and graduate advisors to
undergraduate chapters. S. shall coordinate regional retreats and conferences.

Article VII - Committees

Section 1:

Committees may be created and dissolved by the Board of Directors on every level respectively. Such committees shall discharge such responsibilities as may be assigned by the Board of Directors, respectively.

Section 2:

The Executive Committee will consist of the National President, Executive Secretary, Executive Treasurer, Alumni Affairs Coordinator, and Undergraduate Affairs Coordinator.

Section 3:

The Board of Directors may from time to time designate two (2) or more of its members to constitute an executive committee.

Section 4:

Each committee shall have and exercise such powers, not inconsistent with the North Carolina Nonprofit Corporation Act, the Articles of Incorporation, or these Bylaws, as authorized by the Board of Directors. The designation of any such committee and the delegation thereto of authority shall not operate to relieve the Board of Directors, or any individual director, of any responsibility imposed upon it or him by law. The members of a committee shall act only as a committee.

Section 5:

Each committee member shall continue to serve until the next annual meeting of the Board of Directors or until his successor is appointed, unless the committee shall be sooner terminated, such committee member is removed with or without cause, or such committee member shall cease to qualify as a member thereof.

Section 6:

Meetings of the committee maybe held within or without the state of North Carolina, and may be held by means of telephone conference. A majority of any such committee may fix the time and place of its meetings. Each committee shall keep records of its actions, and report such actions to the Board of Directors and the president.

Section 7:

A majority of the then serving members of any committee shall constitute a quorum. Any action of the majority of those present at a meeting at which a quorum is present shall be deemed the action of the committee; except, when a committee has only two (2) members, then any action must be by unanimous consent.

Section 8:

The Board of Directors may appoint two or more persons from among its own number to serve as the Executive Committee. The Executive Committee shall have authority to transact such business as shall be necessary for the administration and operation of the Corporation between Board of Director meetings and shall have

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such power as shall, from time to time, be vested in it by the Board of Directors. In no event shall the Executive Committee have authority to:

1. amend the Articles of Incorporation or Bylaws of this Corporation; 2. change the qualifications and voting rights of Directors or elect or remove
Directors from office; 3. authorize the transfer, gift, or encumbrance of all or substantially all the
assets of this Corporation in a single or related transaction; 4. authorize the dissolution, merger or consolidation of this Corporation; or 5. amend or repeal any joint affiliation agreement or any resolution of the full
Board. 6. Meetings of the Executive Committee may be called by the Board chairman,
president, chairman of the Executive Committee, or any two members of the executive Committee. It may also be suggested by the Executive Director. All actions by the Executive Committee shall be reported to the Board of Directors at the meeting next succeeding such action.

Section 9:

Finance Committee The Board of Directors may appoint two or more persons from among its own number to serve as the Finance Committee. The Finance Committee shall oversee budget preparation, financial controls, financial audits, and other fll1ancial operations of the Corporation, and shall have such other powers and duties as shall, from time to time, be vested in it by the Board of Directors. Meetings of the Finance Committee may be called by the Board chairman, president, Executive Director, chairman of the Finance Committee, or any two members of the Finance Committee. All actions by the Finance Committee shall be reported to the Board of Directors at the meeting next succeeding such action.

Section 10:

Development Committee The Board of Directors may appoint two or more persons from among its own number to serve as the Development Committee. The Development Committee shall focus on fundraising, fundraising schemes/plans, and public relations within and/or outside the conununity, and shall have such other powers and duties as shall, from time to time, be vested in it by the Board of Directors. Meetings of the Development Committee may be called by the Board Chairman, president, Executive Director, chairman of the Development Committee, or any two members of the Development Committee. All actions by the Development Committee shall be reported to the Board of Directors at the meeting next succeeding such action.

Section 11:

Program Committee The Board of Directors may appoint two or more persons from among its own number to serve as the Program Committee. The Program Committee shall oversee the programs of the Corporation They can assess and evaluate existing programs, propose and develop new programs, and shall have such other powers and duties as shall, from time to time, be vested in it by the Board of Directors. Meetings of the Program Committee may be called by the Board chairman, president, executive director, chairman of the Program Committee, or any two members of the Program Committee. All actions by the Program Committee shall be reported to the Board of Directors at the meeting next succeeding action.

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Section 1: Section 2: Section 3: Section 4: Section 1: Section 2:
Section 1:

Article VIII - Contracts and Banking Provisions
The Board of Directors may authorize any officer, agent or agents, to enter into the contract or execute or deliver any instrument in the name of or on behalf of the Fraternity and such authority may be general or confined to special instances.
All checks, drafts or other orders for the payment of money, notes, or other evidences of indebtedness issued in the name of the Fraternity shall be signed by such officer or officers, agent or agents of the Fraternity and in such a manner as shall from time to time be determined by resolution of the Board of Directors.
All funds of the Fraternity not otherwise employed shall be deposited from time to time to the credit of the Fraternity in such fl1lancial institution and / or investment, in accordance with the guidelines recommended by the Financial Director and approved by the Board of Directors.
The Board of Directors may accept any contribution, gift, bequest or device for any purpose of the Fraternity.
Article IX - Accounting Year and Audit
The accounting year shall follow the fiscal year ofJuly 1st through June 30th.
At the end of the accounting year, the books of the Fraternity shall be closed and a financial statement prepared for that year. An independent accounting firm shall certify such fl1lancial statements, the partners of which are certified public accountants. Such fl1lancial statements shall be promptly mailed to each member of the Board of Directors and the National Office and shall be submitted to the chapters.
Article X - Amendments
These By-Laws may be amended or new By-laws adopted by a two-thirds vote of the Board of Directors.

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Article XI - Membership Intake

Section 1:

The procedures, policies, and criteria for Membership Intake will be specified in the Intake Manual. Amendments shall be made to the Intake Manual by the Board of Directors as deemed necessary.

Section 2: Hazing in any form is prohibited.

Article XII - Alpha Epsilon Omega

Section 1:

Alpha Epsilon Omega Christian Sorority, Inc., as stated in the Constitution, is recognized as our sister organization.

Section 2:

Alpha Iota Omega will support Alpha Epsilon Omega is the following ways:

1.

serving as an available resource

ii. sharing materials and supplies

lll. assisting with community service initiatives

IV. attending meetings when requested

Section 3:

Chapters a. Where an undergraduate chapter of Alpha Epsilon Omega and Alpha Iota
Omega exist on the same campus, or when a graduate chapter of Alpha Epsilon Omega and Alpha Iota Omega exist in the same city or geographic location, those chapters will work together towards achieving our shared purpose. b. Chapter By-Laws must have an article stipulating this recognition and the duties thereof.

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ATTACHMENTIEXHIBIT -

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Alpha Iota Omega Christian Fraternity, Inc.
UNDERGRADUATE MANUAL
Producing Christian Leaders, Serving the Greek Community
"Slaves to Righteousness"
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T able of Contents
I. Statement of Faith II. National Tenets III. National Standards IV. Three Fold Purpose V. Lines of Communication VI. Progress Measurements VII. Demerit System VIII. Disciplinary Actions IX. Terms and Conditions of Suspension X. Constitution and By-Laws XI. A Typical Semester XII. Officers- Board and Non-Board Positions XIII. Transitioning
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Statement of Faith
• We believe in the Scriptures, the infallible Word of God containing sixty-six books, as being fully inspired by God. The Bible is the supreme and fInal authority in all matters on which it speaks.
• We believe there is one Almighty and perfect God, eternally existent in three persons: the Father, the Son Jesus Christ, and the Holy Spirit.
• We believe in the Deity of our Lord Jesus Christ, in His virgin birth, in His sinless life, in His miracles, in His vicarious and atoning death through His shed blood, in His bodily resurrection, in His ascension to the right hand of the Father, and in His personal return in power and glory.
• We believe that for the salvation of lost and sinful man, regeneration by the Holy Spirit is absolutely essential.
• We believe in the Holy Spirit, who has come to glorify Christ, to convict people of sin and to draw us to the Savior, Jesus. We believe the Holy Spirit indwells God's children, gives new life, empowers believers for service, imparts spiritual gifts (as recorded in the New Testament and manifested in the early church), enables believers to live a fruitful, holy and spirit-filled life, and guides God's children into all truth.
• We believe in the resurrection of both the saved and the lost; they that are saved, unto eternal resurrection of life and they that are lost, unto the resurrection of damnation.
• We believe in the spiritual unity of believers in our Lord Jesus Christ. We believe in the historic creeds of the church.
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National Tenets
The following Tenets incorporate the principles that God has called members of Alpha Iota Omega to realize and fulfill in their lives and are also our specific goals:
Tenet l:DISCIPLESHIP We believe in fulfilling Jesus' Great Commission as put forth by the example of His life and His eternal word. In order for the kingdom ofGod to Jtand aJ well as this brotherhood, we are to make disciples that will not only be testimonies of the living God in both speech and character, but their work will greatly exceed ours by the anointing given to them through our impartation by the Holy Spirit. (Matthew 28:18-20; Isaiah 8:16 &John 14:12-15)
Tenet 2: UNITY We believe that God grants us to be of the same mind according to Christ, that we may love Him and accept our fellow man as Christ has accepted us. (Romans 15:6-7)
Tenet 3: PRAYER We believe that God has called all Christians into an intimate relationship based upon His word, which he uses as the Master architect of our lives and all we do, through our prayers. (psalm 127 & Ephesians 6:18)
Tenet 4: BIBLE STUDY We believe that the Bible is the infallible Word of God and our only true foundation for building a relationship with the Father. Thus, we must study the Word to be ftrmly planted, to be set free from our enemies, and to learn about and obey His commandments. By doing this we prove ourselves to love and be disciples of Christ. Oohn 8:31-32 & 1 John 3:18-20)
Tenet 5:REPUTATION OF INTEGRITY We believe that we should be reliable and honest men who behave properly towards all men and women; that live the Word of God, not merely preach it. (1 Thessalonians 4:12 & Titus 1:7-9)
Tenet 6: CHURCH We believe that God has placed us into a body of believers for mutual ediftcation and encouragement. The meeting together of this body provides an atmosphere of corporate worship, prayer and Biblical teaching vital for spiritual maturation. (Hebrews 10:25 & 1 Corinthians 12:12-27)
Tenet 7: FAITHFULNESS We believe in the complete, cheerful, and timely fulfillment of all commitments to God and to man, whether it be monetary, time, or duty. (proverbs 20:6 & Luke 16:10)
Tenet 8: ZEAL \X'e believe that as people removed from darkness, God has called us to be patient, diligent, and zealous in serving Him. (Romans 12:11-13)
Tenet 9:SERVICE We believe that God has called us to liberty not for our own interests, but for esteeming others better than ourselves that we may serve one another as Christ served us. (Galatians 5:13 & Philippians 2:1-11)
Tenet 10:ENCOURAGEMENT We believe that God gives us encouragement so that we may encourage one another and other people in speech and action, leading to the community's edification. (Romans 15:1-5).
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National Standards/Requirements
Alpha Iota Omega choose to clearly defme our national standard requirements with the expectation that all those who desire to be members will meet these requirements and continue to adhere to them as members of the organization. We recognize that not all of our standard requirements are necessary for being a Christian. Yet, the standards are necessary for being a part of this organization, considering the great mission given to US by God. Along with the above statement of faith, our national standard requirements include:
(1) Conviction of Holiness
Individuals that aspire to be members of AIQ must swear to live their lives in a way that is holy and acceptable to GOD by the grace and empowerment of our Lord Jesus Christ and His Holy Spirit. Cognizant of the fact that the Spirit & the Word testify to the same thing, persons should set the Word of God above their emotions and natural mind at all times. They must know that GOD has divinely set them apart as His holy priesthood and be fully aware that it may require them to die to their own will beyond the nominal Christian. Specifically, this means that they will be above reproach both on and off campus at all times and will not be affiliated with anything that may make a weak Christian or unbeliever stumble.
Not only should persons acquiesce their rights for the sake of GOD'S Kingdom in ministry, but they should also acquiesce their lives to one another. This means that persons should swear to be transparent and accountable to our brothers/sisters and give them permission to directly address personal issues in their lives so that they may walk in the light with one another.
Persons interested in becoming members must agree to adhere to the standards presented by AIQ. If they do sin, they will confess, repent, and once again live up to the standard that they have once attained.
Finally, with fear and reverence, they must accept the fact that "without holiness no one will see the Lord." Tbis means that we will not take for granted that just because we are a Christian organization, that God will go with and before us. Instead, they are aware that
God's presence in our organization is contingent to our incessant obedience and setting a
precedent for obedience until our Lord's coming.
(2) Committed to Accountability
In general, we define accountability as: close relationship with someone from the same sex to share struggles and triumphs, who will also hold you to Biblical principles that will keep you out of sin and motivate you towards growth.
Accountability partners or covenant brothers are people who have made a commitment to you to encourage you in your Christian walk. This includes, confessing sins with Godly repentance if necessary (according to the model set in 2 Corinthians 7:10-11), praying for
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each other regularly, rejoicing in each others joys and holding each other to a high Biblical standard in character, integrity, purity, and overall excellence in all aspects of life.
(3) A History of Fruitfulness
Due to the nature of our ministry to Greek fraternities and sororities, individuals that want to become members should not make AIQ their ftrst ministry experience. Ministering to members of the Greek system will require past ministry experience of some type.
Individuals aspiring to be members of AIQ must demonstrate a history of fruitfulness on campus (Numbers 11:16). Spiritual advisors and AIQ board members must recognize these persons as being fruitful in some of the following areas: disciple making, evangelism, ministry and campus leadership.
(4) Committed to Discipleship
This national standard is so important that it is listed also as a foundational tenet of our organizations. We defme discipleship as a relationship in which the teachings of God's kingdom are imparted through mentorship and submission not subjection. Defming characteristics of a discipleship relationship include (1) spiritual growth and maturity, (2) principle accountability person, (3) faithfulness and trust, (4) inner healing or getting into one's personal life and background for the purpose of deliverance from soul and spiritual issues (5) setting one up to succeed on his own. Some deftning characteristics of a disciple include: submission to the Lordship of Jesus, being teachable, being correctable, being faithful, and being trustworthy.
(5) Personal Initiative
The weekly ministry of AIQ will include events that will demand personal initiative from each member. We expect individuals desiring to be a part of the organization to take initiative and not to need from their spiritual advisor constant encouraging, prodding, or leading into ministry situations. Most weekly affairs will take place in the context of the group, however, we expect individuals to use their faith to get results on their own as well (2 Thessalonians 1:11 NIV).
(6) Passion for Ministering
Since our mission is to serve fraternity members through evangelism and discipleship, persons that desire to be in AIQ must have a passion to minister to Greeks. Individuals may initially have a passion to minister to men or women. We can also channel this passion toward men and women that are members of Greek organizations.
(7) Conviction of Relational Purity
Our expectations for male-female relationships are best stated in I Corinthians 7:1,
1 Timothy 5:2, and Colossians 3:5-6. We reject the notions of casual dating and flirting. We
also discourage any physical activity that stirs up passion that cannot be righteously fulfilled at that time.
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Thus, Alpha Iota Omega members believe that men and women who are not currently in the covenant of Marriage should treat each other as spiritual siblings in all purity according to the model established in I Timothy 5:2. Again, we reject the modern concept of wordily dating identifiable as a casual and temporary relationship often involving some level of sexual activity. Relationships that we do recognize include Courtship and Engagement. Courtship is a public relationship where a man and woman commit to getting to know each other and to seek the will of God for their lives. This is a form of dating, however the primary difference between worldly dating and courtship is accountability and the intention of marriage. This is not a casual relationship, however if the couple finds that they are not compatible and it is not God's will, they are able to end the relationship without the guilt associated with sexual involvement. Engagement is an official and public commitment where the couple has decided to marry after seeking the will of God and counsel from their spiritual advisors. In this stage they will still treat each other in absolute purity while planning their lives together.
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Three-Fold Goals
When other Greek fraternity or fraternity members ask, we will tell them our purpose is to produce Christian leaders and serve fraternities and sororities. The undergraduate goals of Alpha Iota Omega can be broken down into three specific aims:
(3) To set a standard of excellence in all areas including brotherhood relationships, scholarship, campus and community involvement, & community service.
I Peter 2:12 ''Lve SJlch good lives among the paganJ that, though thl') acctlSeYOIl of doing wrong.
thl') mqy seeyourgood deeds andglorify God on the dqy he visits tis. "
We can achieve this goal by being excellent spiritually; morally; intellectually; relationally, and in our grooming. We should obtain excellence awards and recognition by the campus' Office of Greek Affairs in community service, campus involvement, brotherhood/sisterhood, and scholarship.
This goal of excellence in the Greek community can be measured specifically yet not extensively by how many people want to be in AIQ. How many invitations we get from other Greek fraternities to participate in joint ventures and also whether or not we are winning awards from the Office of Greek Affairs. We can also measure this goal by our behavior with women/men concerning holiness and companionship.
(2) To produce Christian Leaders during their college years that will continue in leadership in the years after their college experience. 'EpheJiam 4:11 It was he who gat!e some to be apostles, some to be prophetJ~ some to be
evangelistj~ and some to be pastors and teachm, 12 to prepare God's people for works if set7)ice, so that the bocfy of Ch17J"/ mqy be btlilt tip 13 until we all rea,'h tlni(y in the faith and in the knowledge if the Son if God and become mature, attaining to the whole mea.mre of the fllllness of
Christ. 15 Im"tead, speaking the troth in love, we will in all things grow tip into him who is the
Head, that is Christ. 16 From him the whole bocfy, joined and held together Iry every SJlpporting
ligament, grows and bllilds itse!ftip in love as each part does its work. "
We can achieve this goal by embracing responsibilities in producing in the organization, which will produce stature in everyone. Hearing from God corporately to get direction, practicing spiritual warfare within the Greek community, and exercising wisdom will also help to achieve it. Members also become sharpened by accountable relationships that last for a lifetime. Character and maturity will be forged through members both holding each other accountable and submitting to one another. Proverbs 27:17 "As iron sharpens iron, so one man sharpens another': Every member is strongly encouraged to fmd mentors for discipleship in successful, holistic Christian living. A faithful time of devotion to God is the highest priority in this goal.
(1) To evangelize, disciple, and lead the members of the Greek community. ''Matthew 28:18 Then Jeslls came to them and said, "All authority in heaven and on earth has
been given to me. 19 Therefore go and make disciples if all nations, bapti::jng them in them name ofthe Father and ofthe Son and ifthe HolY Spirit, 20 and teaching them to obI') everything I have commandedyot!. And SJlrefy I am withYOll alwqys, to the very end ofthe age. "
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God has given us the power and authority with him to see the strongholds and evil powers put in their rightful places and for us to reap and reign with him (Eph. 1:19,20,21;
2:6). As we mentor and disciple them, we will become leaders of leaders!
1. 85% 0/alljorttlne 500 compat!J exeattiveJ arefrom Greek fraternities. 2. 76% 0/all congrmmen and women arefrom fraternitieJ and sorontieJ.
3. 85% Supreme CotlrtjlfStices since 19/0 arefromfraternitieJ. 4. 63% o/U.S. Cabinet membm 1900 arefratemi(y membm. 5. All bllt 3 U.S. PmidentJfrom 1825 arefrom fraternities. (Source: USC 28tiJ Street Maga'{jne Fall 2000)
This goal can be achieved through prayer, study, our creative strategies, and implementation of them.
This goal can be measured by how may relationships we have with Greek fraternity members, how many Greeks get saved, and how many are discipled and plugged into a church.
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LINES OF COMMUNICATION

PM

~ts Weekly

-CU-R-R-E-N-T-B-R-O-T-H-E-R----.
"':-1
~

INTAKE COORDINATOR

Monthly Report

UNDERGRADUATE PRESIDENT

UNDERGRADUATE CHAPTER

Monthly Pr sident's Meeting

GRADUATE ADVISOR

GRADUATE CHAPTER PRESIDENT

Monthly Report

GRADUATE CHAPTER

REGIONAL DIRECTOR
Semi-annual Report

DIRECTOR OF UNDERGRADUATE

Semi-annual Report

AFFAIRS

NATIONAL PRESIDENT

BOARD OF
DIRECTORS
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Progress Measurements
As stewards of this organization's ministry to secular Greek organization members, it is our
responsibility to account for and measure our progress. Every Semester, each chapter will submit a report on Greek Service, Scholarship, Community & Campus Service, Sisterhood, and Campus Involvement. It is the job of the chapter to keep records of these activities for the purpose of reporting them at the end of each semester. Each of these areas are absolutely essential in maintaining our witness for Jesus Christ, and our mission as an organization. Chapters may receive awards in excelling in the following areas:
Greek Service includes the events, relationships, and results of all our efforts in evangelizing and spiritually mentoring Greeks. This is obviously our main mission. We require major
events and weekly activities for serving Greeks.
Scholarship is core to our reputation to campus faculty and Greek organization members. Thus, we require for each individual in the Chapter to maintain a GPA of 2.5 or above. Community & Campus Service are all the service events geared towards the community and campus, and the results of those events. We reqtlire that each member completes at least
25 hours of service for each semester (the service doesn't have to strictly be an event sponsored by AIQ, but can involve service in other organizations, discipleship a.k.a. "peer mentoring", church, etc.).
Brotherhood is measured by the events and weekly activities that specifically foster relationships within the organization, and the results of these things. We require monthly
fellowships and weekly activities that foster sisterhood.
Campus Involvement is measured by each member's involvement in other campus organizations besides this fraternity. We require that each member be actively involved in at
least one other organization.
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Alpha Iota Omega

Demerit System (Individual)

Reasons for Demerits
• Tardiness for ALL AIQ meetings/ appointments • Not being your "sister's keeper" • Tardiness for AIQ meetings/ appointments
• Absence from AIQ meetings
• Absence from class
• Behavior: );> Speech (foul language, gossip, etc) );> Countenance (rolling eyes, etc.) );> Attitude that may affect image of AIQ );> Compromising integrity

Number of Demerits
5
2
2
10
2+$10
5

Total Demerits Necessary for Dismissal

50

*False demerit keeping will compromise the integrity of the entire chapter and will result in the dismissal of the entire pledge class.

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Alpha Iota Omega

Chapter Demerit System (for Charter Chapters)

Reasons for Demerits
• Participation in an event as an Official Alpha Iota Omega Chapter
• Neglecting to submit weekly reports • Defaming the name ofJesus Christ or
Alpha Iota Omega

Number of Demerits 10
5 10

If the chapter receives 15 demerits, the process will be nullified.

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Disciplinary Actions
Disciplinary actions for members will include: 1. If a brother transgresses the constitution arriving late to meetings, not dressing
appropriately for meetings, or not meeting deadlines (not reporting progress weekly about an issue or event) it will result in a $10 Ene per transgression following the meeting. Absence from the meeting with no excuse, without a valid excuse, or without giving the Vice President at least 24 hours notice will result a $10 fme also. The Board will determine if there is a credible reason to exclude the individual from disciplinary actions. Members will be given 2 weeks to pay the fine; if the fme is not paid the Board will take further disciplinary actions.
2. These actions shall be taken for members entertaining behavior not reputable for t he brotherhood outside of meetings:
a. Two to three brothers will approach the member. b. If the problem persists then the Board will approach the member. Disciplinary action taken by the Board can involve probation or petition for termination. c. If actions taken by the Board are unfruitful, then the advisor will approach the member. d. After Prayer the Advisor may remove members from the Board and chapter.
3. If things are perceived by a member to be out of order or detrimental to the purpose of the brotherhood, any member may appeal to the Advisor.
4. Probation: a. A member may be put on probation for academic and/ or personal reasons observed by the Board and/or Graduate Advisor (i.e. low grades, problems with sin, etc...) b. If a member is placed on probation, he will not be allowed to hold a leadership position within the chapter for the probationary period. During that time, the member will be monitored by the Board and the Graduate Advisor to ensure that the reason for probation is being alleviated and/or effectively handled. c. The probationary period will last for one semester. At the end of the semester or the beginning of the next semester, the member will meet with the Board and the Graduate Advisor to discuss whether to restore normal status, extend the probationary period another semester, or to terminate membership.
5. Termination: a. A member may have his membership terminated by the Graduate Advisor, with or without the suggestion of the Board, if the member has consistendy acted in a manner that is in direct contradiction to being a Man of God, and a member of Alpha Iota Omega (i.e. falling away from the faith, sinning without true repentance) and has not responded to other disciplinary action. In this case, the member does not have to meet
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before the Board and Chapter, but is strongly suggested that he did so to explain his termination. b. The Undergraduate Board and!or Chapter can appeal to suggest to the Graduate Advisor to terminate someone's membership, but cannot solely terminate membership without approval of the Graduate Advisor. 6. Disciplinary actions for the Undergraduate Board will include: a) The Board members are subject to discipline concerning the same
areas as the members. b) If a disciplinary action involves a Board member, the Board member
will be excluded from making any decision concerning his discipline. c) The Graduate Advisor must be involved directly with any
disciplinary action involving Board members
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Terms & Conditions of Suspension
Tenns & Conditions for a "Suspended Chapter" Suspended chapters cannot officially participate in any national, local or campus activities with the name of Alpha Iota Omega. When a chapter is suspended each individual in the chapter becomes a "Suspended Member." The following restrictions apply to "Suspended Chapters."
• Suspended chapter members are not permitted to gather for official
meetings
• The National Board will notify the office of Greek Affairs/Student Affairs
concerning the suspended chapter
• When a chapter is suspended each member will follow the guidelines of a
"suspended member"
• Suspended members will not be granted any representation on national boards or
committees
• To appeal a suspension decision, the President of the "Suspended Chapter" must
submit a letter to the National Board of Directors
Terms & Conditions for a "Suspended Member"
Suspended members are subject to the same term limits and guidelines of inactivity. • Suspended members are not permitted participate in Alpha Iota Omega or Alpha
Epsilon Omega events. • Suspended members are not permitted participate in campus, local or national
Alpha Iota Omega activities • Suspended members are not permitted to wear Greek letters or paraphernalia
during the term of suspension • A member of a suspended chapter is not permitted to serve on the board of
directors or any national committee • Suspended members are permitted to petition a document requesting reasons for
suspension from the National Board of Directors.
*Terms of suspension may be further determined with those that have delegated powers by the board.
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(fhe Constitution and By-laws go here)
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Activity Outline for the Calendar Year of an Undergraduate Chapter
REGULAR WEEKLY SERVICE:
• Two (2) hours a week of interacting and hanging out with black, white, etc. fraternity members looking for open doors to:
1. Start discussions groups (especially in white fraternities, usually located in fraternity houses)
2. Bible studies (most likely with black fraternities) 3. Two on one, or one on one evangelism and/ or discipleship Our goal is to befriend them, preach to them and invite them to a campus fellowship (with the values that AIQ hold to) with the ultimate purpose of getting them in a church. • One (1) hour Weekly Chapter Meeting • One (1) hour Weekly Prayer Meeting
Plans for the Semester MAJOR EVENTS should include:
FALL • Beginning of Semester Retreat/Summit • One (1) outreach to the body of men on the campus • One (1) community service project with a fraternity (preferably) • One (1) Fundraiser • Two (2) Fellowship one w/ AEQ if present • One (1) Major Forum w/Fraternity or Sorority • Transition of Officers • End of Semester reports • Plan for next semester with specific goals in reaching fraternities
Spring • Beginning of Semester Retreat/Summit • Fraternity and Sorority Presidents Retreats and meetings (if it applies) • Jesus Awareness Week outreach to the campus • One (1) community service project with a fraternity (preferably) • One (1) Fundraiser • Two (2) Fellowship one w/ AEQ if present • One (1) Major Forum w/Fraternity or Sorority • End of Semester reports • Plan for next semester with specific goals in reaching fraternities.
Summer School • Meet once a week to pray and encourage one another. • Build contacts with fraternity members
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THE ORDER OF CHAPTER MEETINGS 1. Prayer 2. Recite Purpose 3. Approve the minutes from last meeting 4. Word of encouragement 5. Chapter Events Updates 6. Testimonies pertaining to Greek organization members 7. Tying up loose ends for the major events 8. Necessary admin with the University

10 minutes 1 minute 4 minutes 5-10 minutes 10-15 minutes 10-15 minutes 10-15 minutes 5-10 minutes

THE CONTENT OF PRAYER MEETINGS ~ Worship, Praise God ~ Pray for AIQ ~ Pray for Fraternities (specific members) ~ Pray for AEQ ~ Pray for National Leaders

Strategy Sequence

Our ministry can be compared to John the Baptist's ministry with Jesus. He himself was not the end, but he was pointing people to Jesus. We are not the end or the holding tank in and of itself but we are to evangelize to fraternity members, invite them to fellowship meetings and the local church, and disciple them. We want to see them put into a campus fellowships and a local church. Through the methods of:

1. Personal Evangelism 2. Red Pill Forum (Keep an attendance sheet for these that goes into the impact list) 3. Bible Studies 4. Co-sponsoring events, community service, and interactive gatherings with fraternities 5. Invitations to Church or Campus Fellowship (ie. VCM, introduce the fraternity members
to a Campus Minister)

Goal Setting: Keep a population map of each fraternity to make sure each chapter has every
member personally hear and challenged with the gospeL Begin with the fraternities that God has already opened, and then extend into other fraternities that God is opening up. In two years you should have a "foot in the door" at each fraternity.

For the above and any other outreach strategies, you should develop an ongoing "Impact list"; a list that allows everyone to see what Greeks are being ministered to by you. This
should be written down on paper and talked about in the weekly chapter meetings, given to the advisor monthly (or more), and the progress should be charted.

"Progression Diamond" .:. FIRST BASE - friendship and sharing the gospel .:. SECOND BASE ~ born again .:. THIRD BASE in a fellowship and ongoing discipleship

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.:. HOME local church
Each member of Ala should have a minimum of 3 new fraternity guys each semester that
they taking through the progression diamond. Just look where you are; in your classes, clubs, organizations, etc. As you discern, if you would like help in bringing people across the line of faith, you can enlist AIQ campus staff, AIQ graduate, or local campus staff for both ministry and contact purposes. Specifically, if you desire help to get the person from first to second base and from second to third base. The relational leadership of the advisor will help fraternity members to become a part of Bible based, Spirit-filled, and full gospel churches. The campus staff or church contact will not replace your personal relationship and ministry with the fraternity members.
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Non Board Positions & Committees
The following officers are not members of the executive board of Alpha Iota Omega, yet are vital positions for the effective operation, communication, and strategy of organization. The Board reserves the privilege to allow the following non-board positions to form committees that assist in accomplishing the duties of each non-board position.
Administrative Assistant The person in this position will be responsible for assisting the Vice President and Secretary.
Fellowship Coordinator The person in this position will be responsible for coordinating fellowship events within & between AIQ and with other Greek organizations. Occasionally, this person will coordinate a fellowship that will provide an alternative activity for Christians on campus.
Program Coordinator The person in this position will be responsible for coordinating programs that are directed towards Greeks that educate them about Christ through forums, workshops, and other means. They may work jointly with Greek fraternities or sororities to do so. They may also coordinate programs honoring excellence in scholarship, raising the standard.
Community Service Coordinator The person in this position will be responsible for coordinating community service projects
with Greek fraternities & sororities. OCo'aJionalfy, the Community Service Coordinator will
organizes AIQ joint projects that involve feeding the hungry, clothe the poor, encourage the prisoner and visit the sick. This person is also responsible for gather the community service hours at the end of each semester.
Historian The person in this position will be responsible for recording in a journal significant events in the brotherhood as well as taking pictures and video-taping these events. When called upon, this person should be able to contact graduate members of AIQ and also recall important events and decisions made by AIQ.
Public/Greek Relations Coordinator The person in this position will be responsible for coordinating the creation and distribution of any publications that need to be made for the programs of AIQ. This person will also keep the campus and community informed about AIQ. He should keep up with the latest Greek events on both the national and local level. This person is responsible for creating all public displays of AIQ, such as display boards and banners
Step Master The Stepmaster will responsible for coordinating any practice, events, or cost with step. The role of stepping is to be strategic and beneficial to the vision of AIQ. The Stepmaster must submit a half-page letter explaining the event the organization would like to step at and the purpose for doing so to the graduate advisor. The graduate adviJor will decide if the
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organization will participate. The show must be prepared and shown to the Graduate Advisor two weeks prior to the performance. If it isn't ready, they will have a 24-hour emergency period to prepare it. The Advisor will make a decision from this point. There may be exceptions, but the G.A. makes the [mal decision.
Web Master
This person is responsible for posting and maintaining the web page. New information should be added by every chapter meeting or every two weeks.
Officer Training
Officer training is essential and mandatory to ensure the smooth transition year to year for the organization. Current officers will choose one weekend during the transition period for the training to occur with newly selected Board members. Each current Board member will train each newly selected Board member thoroughly in their new responsibilities as a Board member. Training will happen more specifically on our procedures concerning confrontation (1\latt. 18: 15-17), meetings, projects, & duties.
22 Case 1:04-cv-00765 Document 1 Filed 08/25/04 Page 64 of 69

ATTACHMENT/EXHIBIT- - +, -I ; - - .,~
Case 1:04-cv-00765 Document 1 Filed 08/25/04 Page 65 of 69

2003 - 2004 OFFICIAL UNIVERSITY RECOGNITION AGREEMENT FOR UNC-CH STUDENT CO-CURRICULAR ORGANIZATIONS
Thank you for your interest in official University recognition of your student co-curricular organization. The University of North Carolina at Chapel Hill supports an atmosphere where students can openly share ideas, interests, and concerns. Through involvement with co-curricular activities and attendance at programs sponsored by student groups, students can develop their skills, knowledge, attitudes, and behaviors in regard to ethics, pluralism, communications. management. vision, and aesthetics, as well as find opportunities to confront and discuss ideas that may be new to them. Involvement in co-curricular activities plays an important and complementary role to learning in the classroom and the University strongly supports student creation of and involvement in
organizations. For official University recognition and access to state, publiC resources
WHAT YOU NEED TO DO:
A. Find an advisor for your organization (see: http=!/carolinaunion.unc.edU/activities_orgs/handbook/officialJecognition.html).
Any full-time employee (faculty, staff, or extended the privileges thereof) of the University of North Carolina at Chapel Hill or UNC Hospitals can serve as your organization's advisor. B. Prepare a governing document for your organization, either a Constitution (and Bylaws, if required) or a Statement of Purpose. Outlines and sample copies are available at http=!/carolinaunion.unc.edU/activities_orgs/handbook/statement-purpose.html and http/!carolinaunion.unc.edU/activities_orgs/handbook/sample_constitution.html. C. Please read this page thoroughly. Have your primary contact and your organization advisor sign two copies confirming your agreement; return one to the address below (keep the other for your files). NOTE: you are signing a binding agreement between your organization and the University of North Carolina at Chapel Hill. D. Complete the Application for Official University Recognition.
WHAT YOU NEED TO KNOW: A. The majority of your organization'S membership must be full-time, registered students of the University of North CarOlina at Chapel Hill. B. All major officers of your organization must be full-time, registered students of the University of North Carolina at Chapel Hill. C. The organization must comply with University policies, including University policies on non-discrimination. The University of North Carolina at Chapel Hill
is committed to equality of employment and educational opportunity in compliance with applicable federal. state, and local laws. The University does not
discriminate in access to, or treatment or employment in, its programs and activities based on age, race, color, sex, national origin, religion, disability, or veteran status. It is the policy of the University of North Carolina at Chapel Hill that sexual orientation be treated in this same manner. In keeping with applicable law and University policy, membership and participation in your organization must be open without regard to age, race, color, national origin, religion, disability. veteran status, or sexual orientation. Membership and participation in your organization must also be open without regard to gender. unless exempt under TItle IX. D. The organization must comply with applicable federal. state, and local laws, including but not limited to state laws related to hazing and alcoholic beverages. E. Your organization must provide students with disabilities accessible programming and facilities including, but not limited to. physical location, alternative printed materials and web pages, and communicatiOns (e.g.. sign language interpreters). F. Your organization may be reqUired to affiliate with appropriate University of North Carolina at Chapel Hill departments or offices (Greek Affairs, Campus Recreation). Contact those offices for further information prior to signing this agreement and submitting an application. G. If you are starting a new organization, you may reserve University space for two organizational meetings prior to receiving Official University Recognition status. Room reservations are made through the Events Planning Office, 3509 Frank Porter Graham Student Union (9:00 a.m. - 4:00 p.m., MondayFriday, 966-3832/962-44081. H. Your organization must have an advisor who is a fulHime member of the faculty or staff of UNC-CH or UNC Hospitals or is extended the privileges thereof.
OFFICIAL UNIVERSITY RECOGNITION INCLUDES: A. Use, through reservation, of specified University facilities, property, services, or equipment pursuant to the University of North Carolina at Chapel Hill's
Facilities Use Policy. B. Use of the University's name in the organization's title, so long as University sponsorship or endorsement is not implied or stated. If you desire to use the
University's name as part of your organization'S name, it should follow one of these forms.
-(Thel University of North CarOlina at Chapel Hill...• ·UNC-CH...• or 'UNC-Chapel Hill...• or ·Carolina...• not ·UNc...·
C. Access to funding from the Student Activity Fee that is legislatively apportioned by the Student Congress. D. Assistance of the Division of Student Affairs including, but not limited to, Carolina Leadership Development Carolina Union, Disability Services, Greek
Affairs, and the Student Activities Fund Office. Available are: leadership training and educational workshops. general organizational advisement. assistance in publicity and marketing, program planning advisement, reference materials, and more.
BY SIGNING THIS AGREEMENT ON BEHALF OF MY ORGANIZATION, I CERTIFY MY OWN AND MY ORGANIZATION'S UNDERSTANDING AND ACCEPTANCE THAT: A. Official recognition does not mean that the University endorses the viewpoints of the organization. B. Recognition expires annually on SEPTEMBER 30TH of the next academic year, unless withdrawn earlier for cause. C. Materials submitted in conjunction with a request for official recognition (application, agreement, constitutions, etc.) are considered public information
and will be provided to any persons on written request to the Office of University Counsel. D. My responses on the application must be truthful statements. If reasonable grounds exist to believe responses are false, the matter will be reported to
officials of the judicial system as possible violations of the Code of Student Conduct. E. Recognition may be withdrawn or denied should it be determined the application contains false information, the majority of the organization's members
are not full-time, registered UNC-CH students, all major officers of the organization are not full-time, registered UNC-CH students. the organization has no faculty/staff advisor, the organization fails to comply with University policies, including University pOlicies on non-discrimination. or if the organization fails to comply with applicable federal. state, or local laws. Recognition status also may be changed by sanctions imposed by student or Greek judicial procedures.
Signature of Organization's Primary ....",,,......._______________________..,,,,....________
Printed Name of Primary Contact._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _E-mail:,_ _ _ _ _ _ _ _ __
Signature of Organization's
Printed Name ofAdvisor: _________________________E-mail:.__________
For (NameofOrganizationj:_ _ _ _ _ _.._ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __

IF YOU HAVE QUEmONS OR CONCERNS PLEASE CONTACTJON CURTIS JONOEMAILUNC,EDU OR CALL 962.-1 461,

. .,

Jon Curtis. Assistant Director for Student Activities and Organizations
Suite 3512 Frank Porter Graham Student Union Building UNC-CH

Case 1:04-cv-00765 Document 1 Filed 08/25/04 Page 66 of 69

ATTACHMENT/EXHIBIT

' 5

Case 1:04-cv-00765 Document 1 Filed 08/25/04 Page 67 of 69

Policy on Non-Discrimination

Page 1 of2

September 6, 2001
MEMORANDUM
TO: Deans, Directors, and Department Chairs
FROM: James Moeser
RE: Policy Statements on Non-Discrimination
I write to reaffirm the University's policy with respect to equal employment and educational opportunity. It is our policy with respect to employment terms and conditions and educational programs not to discriminate on the basis of age, sex, race, color, national origin, religion, or disability. A copy of the University'S EPA and SPA Equal Opportunity Plans are available on the University's website at http://www.unc.eduidepts/eooadaJ.
In addition, the University has adopted an internal policy on non-discrimination on the basis of sexual orientation. That policy provides that educational and employment decisions should be based on individuals' abilities and qualifications and should not be based on irrelevant factors or personal characteristics that have no connection with academic abilities or job performance. Among the traditional factors which are generally "irrelevant" are age, sex, race, color, national origin, religion, and disability. It is the policy of The University of North Carolina at Chapel Hill that an individual's sexual orientation be treated in the same manner. Such a policy ensures that only relevant factors are considered and that equitable and consistent standards of conduct and performance are applied.
This policy prohibiting discrimination on the basis of sexual orientation does not apply to the University's relationships with outside organizations, including the federal government, the military, ROTC, and private employers. A copy of the University's policy on nondiscrimination on the basis of sexual orientation may be found on the University'S website at http://www.ais.unc.edulhr/spamanl in the section on equal employment opportunity.
Any employee of The University of North Carolina at Chapel Hill having a complaint of discrimination should notify the immediate supervisor (excluding the alleged harasser), the Human Resources Counseling Service, the Equal Opportunity Officer, or the University Sexual Harassment Officer for counseling and advice. A student should notify the Office of the Dean of Students or the University Sexual Harassment Officer.
I would appreciate it if you would bring this matter to the attention of all University employees in your area. To the extent that your department publishes materials that contain the University's non-discrimination statement, please make every effort to include all bases of non-discrimination (age, sex, race, color, national origin, religion, disability and the special provisions regarding sexual orientation) in that material. If

http://www.unc.edulcampus/policies/nondiscrim.html

8/17/2004

Case 1:04-cv-00765 Document 1 Filed 08/25/04 Page 68 of 69

Policy on Non-Discrimination

Page 2 of2

you need assistance in reviewing your materials or have additional questions, please contact Susan Ehringhaus, Vice Chancellor and General Counsel, at 962-1219 or Joanna Carey Smith, Assistant University Counsel, at 962-6976. This matter deserves our careful attention, and I thank you for your assistance.

http://www.unc.edu/campus/policies/nondiscrim.html

8/17/2004

Case 1:04-cv-00765 Document 1 Filed 08/25/04 Page 69 of 69

 
 q,
IN THE UNITED STATES DISTRIC~~~ FOR THE MIDDLE DISTRICT OF N~re.El~f.Jp;~
y

ALPHA IOTA OMEGA CHRISTIAN FRATERNITY, an unincorporated association; TREVOR J. HAMM, an individual; and CARLON D. MYRICK, an individual,
Plaintiffs,
v.
JAMES MOESER, Chancellor of the University of North Carolina at Chapel Hill, et al.,
Defendants.

1:04CV00765

o RD ER Plaintiff has filed a document entitled, "Declination to Proceed Before a Magistrate Judge and Request to Remove Case From Mediation." This case has just been filed and summonses have been issued. No defendant has filed an answer. With respect to the magistrate judge issue, plaintiff states that they do not consent to trial and disposition before a United States Magistrate Judge and requests reassignment of the case to a Uni ted States District Judge. However, this case is already assigned to a United States District Judge. Notwithstanding, in this District, magistrate judges and district judges co-jointly work on all cases. To the extent plaintiff seeks to change this Court's usual mode of proceeding, the motion is denied. With respect to the mediation issue, the motion is premature. While plaintiffs have stated their position, they fail to show that

Case 1:04-cv-00765 Document 9 Filed 10/06/04 Page 1 of 2

all defendants agree with the reasons proffered by plaintiff for foregoing mediation.
IT IS THEREFORE ORDERED that plaintiff's request that this case be removed from mediation (docket no. 7) is denied without prejudice and their further request that this Court deviate from its normal practice of having a district judge and magistrate judge co-jointly work on this case is likewise denied.

(p , October

2004

Case 1:04-cv-00765 Document 9 Filed 10/06/04 Page 2 of 2

 
 IN THE UNITED STATES FOR THE MIDDLE DISTRICT

ALPHA IOTA OMEGA CHRISTIAN

)

FRATERNITY, an unincorporated)

association, ET AL.,

)

)

Plaintiffs,

)

)

v.

)

)

JAMES MOESER, Chancellor of )

the University of North

)

Carolina at Chapel Hill, ET )

)

)

Defendants.

)

CIVIL NO. 1:04CV00765

ORDER and PRELIMINARY INJUNCTION BULLOCK, District Judge

As more fully set out on the record, in open court, at a hearing on Plaintiffs' motion for a preliminary injunction and Defendants' motion to dismiss on February 16, 2005, the court, after denying Defendants' motion to dismiss and in deciding whether preliminary injunctive relief should be granted, evaluated the four applicable factors and found that without a limited injunction the Plaintiffs could be subject to a policy imposing conditions on them which are inapplicable to other student groups seeking university recognition; that Defendants would not be harmed by the granting of a limited injunction in that the interim relief granted would place the Plaintiffs on the

Case 1:04-cv-00765 Document 29 Filed 03/02/05 Page 1 of 3

same footing as non-religious organizations which select their members on the basis of commitment, and would not be substantially inconsistent with the Defendants' current unofficial interpretation of their non-discrimination policy; that the likelihood of success on the merits favored Plaintiffs in that a policy which imposes conditions for the receipt of benefits on a religious organization not imposed on non-religious organizations raises significant constitutional concerns and could be violative of the First Amendment of the United States Constitution; and that the public interest favored the granting or withholding of official recognition to each student organization under the same terms and conditions.
NOW, THEREFORE, IT IS ORDERED that, pending resolution of this case by a trial on the merits, or otherwise, Defendants and their officers, agents, servants, employees, attorneys, and those persons in active concert or participation with them who receive actual notice of this order are ENJOINED from applying the University of North Carolina-Chapel Hill's non-discrimination policy for student organizations seeking official recognition as set out in the University's Recognition Agreement for UNC-CH Student CO-Curricular Organizations to prohibit Plaintiffs from limiting membership and participation in their organization to students who, upon individual inquiry, affirm that they support
2
Case 1:04-cv-00765 Document 29 Filed 03/02/05 Page 2 of 3

Plaintiffs' goals, agree with Plaintiffs' beliefs, and agree to conform their behavior to Plaintiffs' tenets and standards of conduct.
No bond is required.

L ' March

2005

3
Case 1:04-cv-00765 Document 29 Filed 03/02/05 Page 3 of 3

 
 IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF NORTH CAROLINA

ALPHA IOTA OMEGA CHRISTIAN

)

FRATERNITY, an unincorporated )

association; TREVOR J. HAMM, )

an individual; and CARLON D. )

MYRICK, an individual,

)

)

Plaintiffs, )

)

v.

)

)

JAMES MOESER, Chancellor of )

the University of North

)

Carolina at Chapel Hill;

)

RICHARD T. WILLIAMS, Chairman )

and member, Board of Trustees )

of the University of North

)

Carolina at Chapel Hill;

)

NELSON SCHWAB III, Vice

)

Chairman and member, Board of )

Trustees of the University of )

North Carolina at Chapel Hill;)

JEAN ALMAND KITCHIN, Secretary)

and member, Board of Trustees )

of the University of North

)

Carolina at Chapel Hill;

)

TIMOTHY B. BURNETT;

)

PHILIP G. CARSON; RUSSELL M. )

CARTER; JOHN G. B. ELLISON, )

JR.; PAUL FULTON, JR.;

)

KAROL V. MASON; ROGER L.

)

PERRY, SR.; A. DONALD

)

STALLINGS; ROBERT W. WINSTON )

III; members, Board of

)

Trustees of the University of )

North Carolina at Chapel Hill;)

JONATHAN CURTIS, Assistant

)

Director of Student Affairs )

and Organizations, University )

of North Carolina at Chapel )

Hill; MOLLY CORBETT BROAD,

)

President, University of North)

Carolina; J. BRADLEY WILSON, )

Chair and member, Board of

)

Governors of the University of)

North Carolina; J. CRAIG

)

SOUZA, Vice Chairman and

)

CIVIL NO. 1:04CV00765

Case 1:04-cv-00765 Document 63 Filed 05/04/06 Page 1 of 37

member, Board of Governors of )

the University of North

)

Carolina; PATSY B. PERRY,

)

Secretary and member, Board of)

Governors of the University of)

North Carolina; BRADLEY T.

)

ADCOCK; G. IRVIN ALDRIDGE;

)

JAMES G. BABB; BRENT D.

)

BARRINGER; J. ADDISON BELL; )

R. STEVE BOWDEN; F. EDWARD

)

BROADWELL, JR.; WILLIAM L.

)

BURNS, JR.; ANNE W. CATES;

)

JOHN F.A.V. CECIL; BERT

)

COLLINS; JOHN W. DAVIS III; )

RAY S. FARRIS; DUDLEY E.

)

FLOOD; HANNAH D. GAGE;

)

WILLIE J. GILCHRIST; H. FRANK )

GRAINGER; PETER D. HANS; PETER)

KEBER; ADELAIDE DANIELS KEY; )

G. LEROY LAIL; CHARLES H.

)

MERCER, JR.; CHARLES S.

)

NORWOOD; CARY C. OWEN; JIM W. )

PHILLIPS, JR.; GLADYS ASHE

)

ROBINSON; ESTELLE “BUNNY”

)

SANDERS; PRISCILLA P. TAYLOR; )

ROBERT F. WARWICK, members, )

Board of Governors of the

)

University of North Carolina; )

each in their official

)

capacities,

)

)

Defendants. )

MEMORANDUM OPINION

BULLOCK, District Judge

This matter is before the court on Defendants’ Second Motion to Dismiss Complaint and Suggestion of Mootness (filed May 25, 2005) and Plaintiffs’ Motion for Leave to File Amended Complaint (filed June 20, 2005). For the reasons set forth below,
2

Case 1:04-cv-00765 Document 63 Filed 05/04/06 Page 2 of 37

Defendants’ motion will be granted and Plaintiffs’ motion will be denied.
FACTS
Plaintiff Alpha Iota Omega Christian Fraternity (“AIO”) is an unincorporated student organization at the University of North Carolina at Chapel Hill (“UNC-CH”), which is one of several universities in the publicly-funded University of North Carolina system. The individual Plaintiffs, Trevor J. Hamm and Carlon D. Myrick, are1 UNC-CH students and members or officers of AIO. Plaintiffs’ goal is to “uphold the Great Commission of Jesus Christ by serving members of Greek letter organizations through evangelism and mentorship.” (Compl. ¶ 64.) AIO is governed by a constitution, by-laws, and a statement of faith.
Defendant James Moeser is the Chancellor of UNC-CH. The other Defendants are the Assistant Director of Student Affairs and Organizations at UNC-CH, members of UNC-CH’s Board of Trustees, and officers and members of the Board of Governors of the University of North Carolina. Each of the Defendants is sued in his or her official capacity only. (Compl. ¶ 59.)
1 The individual Plaintiffs’ status as full-time undergraduate students may have changed since the complaint was filed. See n. 21, infra.
3
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UNC-CH requires student organizations to apply for official recognition on an annual basis in order to receive certain benefits such as funding, inclusion in university publications, use of the UNC-CH name, and the right to reserve campus facilities and equipment. (Compl. ¶ 81.) Until recent changes, which will be addressed below, UNC-CH required all officially recognized student organizations to agree that membership “be open without regard to age, race, color, national origin, religion, disability, veteran status, or sexual orientation.” (Compl. ¶ 85.) Student organizations that did not agree to the non-discrimination policy would be permitted to exist on campus, but would not be officially recognized by the university.
AIO was an officially recognized student organization for “a number of years” (and had agreed to the non-discrimination policy) prior to September 2003. (Compl. ¶ 96.) In September 2003, AIO notified UNC-CH that it would no longer agree to the non-discrimination policy “to the extent those policies conflicted with the requirement that all AIO members and officers adhere to a Christian statement of faith, adhere to tenets of belief, and conform to certain standards of conduct.” (Compl. ¶ 99.) Plaintiffs objected to the portions of the non-discrimination policy concerning religion and sexual
4
Case 1:04-cv-00765 Document 63 Filed 05/04/06 Page 4 of 37

orientation.2 They argued that they should not have to agree to
admit all applicants, regardless of their religion or sexual
orientation, because persons of certain religions and certain
sexual orientations hold beliefs, pursue goals, and maintain
standards of conduct that necessarily conflict with AIO’s beliefs, goals, and standards of conduct.3 Plaintiffs say that
if they were required to admit persons of all religions and
sexual orientations “[i]t would contradict AIO’s expressive and
associational purpose” of “promoting the Christian faith to men
belonging to fraternities at UNC-CH.” (Compl. ¶¶ 68, 72.)
According to Plaintiffs, after their refusal to agree to the
non-discrimination policy, UNC-CH withdrew AIO’s official
recognition,4 removed AIO’s information from the university
2 Plaintiffs do not object to the provisions forbidding discrimination on the basis of age, race, color, national origin, disability, or veteran status. (Compl. ¶ 108 & Ex. 2, Sec. 1(a).)
3 The standards contained in AIO’s governing documents cannot be set forth here in their entirety. Among them are: “Individuals that aspire to be members of AIO must swear to live their lives in a way that is holy and acceptable to GOD by the grace and empowerment of our Lord Jesus Christ and His Holy Spirit.” (Compl. Ex. 3, p. 5.) “Among AIO’s Christian standards of conduct is the belief that Christian standards of conduct limit sexual conduct to that which takes place in a marriage between one man and one woman.” (Compl. ¶ 73.) “Accordingly, individuals who engage in sexual conduct outside of marriage, whether heterosexual or homosexual, are not permitted to be members or officers of AIO.” (Compl. ¶ 75.)
4 More accurately, AIO was denied official recognition for the 2003-04 academic year, per the annual application process.
(continued...)
5
Case 1:04-cv-00765 Document 63 Filed 05/04/06 Page 5 of 37

website, and froze AIO’s student activities fund account. 5 (Compl. ¶¶ 101-04.) Despite lack of official recognition, AIO was still included in the UNC-CH 2004 Greek Life recruitment book and on the UNC-CH Greek affairs website. Plaintiffs continued to pursue their goals on campus, maintain AIO’s website (which was advertised by UNC-CH in its publications and on its website), reserve meeting space at the university, and access AIO’s student activities fund account. (Donald E. Luse Aff. ¶¶ 3-5, 15-17; Deborah Horne Aff. ¶¶ 2-6; Jonathan Curtis Aff. ¶¶ 12-16, Nov. 15, 2004.) AIO never requested student activity fee funding, even when it was an officially recognized organization. (Horne Aff. ¶ 7.)
In their lawsuit, filed August 25, 2004, Plaintiffs seek official recognition at UNC-CH, free from those provisions of the non-discrimination policy which require AIO to be open to all interested students regardless of religion or sexual orientation. (Compl. ¶ 106.) Plaintiffs invoke their constitutional rights to form a group with persons who share their beliefs and to practice and evangelize their religion on campus as “secured by the First
4(...continued) (Donald E. Luse Aff. ¶¶ 9, 10, 12.) Plaintiffs did not apply for official recognition for 2004-05.
5 Defendants deny that AIO’s account was ever “frozen” and assert that, even when AIO was not officially recognized, it was free to withdraw its funds at any time and that AIO did in fact use the account in the spring of 2004. (Deborah Horne Aff. ¶¶ 2-6.)
6
Case 1:04-cv-00765 Document 63 Filed 05/04/06 Page 6 of 37

and Fourteenth Amendments to the Constitution.” (Compl. ¶¶ 114, 120, 125.) They allege that their religious beliefs, goals and purpose fundamentally conflict with those held by persons of certain religions and sexual orientations. Thus, Plaintiffs conclude that the provisions of the non-discrimination policy that require AIO to be open to all religions and sexual orientations violate their constitutional rights to “freedom of association for expressive purposes,” “freedom of speech,” and “free exercise of their religion.” (Id.)
Plaintiffs pray for a preliminary and permanent injunction forbidding Defendants from applying the non-discrimination policy to AIO and a declaratory judgment that the non-discrimination policy is either facially unconstitutional or unconstitutional as applied. (Compl. 21.) Other than this equitable relief, the complaint seeks only attorneys’ fees and costs. No compensatory or nominal damages are sought. 6
When Plaintiffs pursued their motion for a preliminary injunction (briefed in November 2004 and heard in February 2005) they argued, and this court agreed, that there is a significant difference between discriminating on the basis of one’s beliefs (which is permitted) and one’s status (which is not permitted).
6 Although the title of the pleading is “Verified Complaint for Injunctive and Declaratory Relief and Nominal Damages,” the complaint does not state a claim for nominal damages.
7
Case 1:04-cv-00765 Document 63 Filed 05/04/06 Page 7 of 37

(Pls.’ Reply Br. in Supp. Mot. for Prelim. Inj. 3-5.7) Because the non-discrimination policy, on its face, may have prohibited the exclusion of potential members on either basis, the court was satisfied that application of the policy (as written, although perhaps not as interpreted by the university) to Plaintiffs would violate their rights as guaranteed by the First and Fourteenth Amendments. In order to protect Plaintiffs’ constitutional rights and to allow Defendants time to revise or clarify the policy, this court entered an Order and Preliminary Injunction on March 2, 2005. That Order enjoined Defendants from applying the non-discrimination policy “to prohibit Plaintiffs from limiting membership and participation in their organization to students who, upon individual inquiry, affirm that they support Plaintiffs’ goals, agree with Plaintiffs’ beliefs, and agree to conform their behavior to Plaintiffs’ tenets and standards of conduct.” The Order ensured that AIO would be treated like nonreligious student organizations at UNC-CH, in that they too could
7 In briefs and during oral argument on the pending motions, Plaintiffs’ new counsel attempted to discredit the distinction made by Plaintiffs’ original counsel and called it “incoherent.” New counsel claimed that one “cannot separate status from belief.” (See also Pls.’s Mem. in Reply to Defs.’ Opp’n to Leave to File Am. Complaint 17.) The court disagrees and maintains that Plaintiffs’ earlier argument was correct; although beliefs and status often overlap, they are “two distinct concepts--religion as a set of beliefs and religion as a status.” (Pls.’ Reply Br. in Supp. of Mot. for Prelim. Inj. 3.)
8
Case 1:04-cv-00765 Document 63 Filed 05/04/06 Page 8 of 37

limit membership to those who shared their beliefs and would
support their goals.
There have been two important developments since the
March 2, 2005 Order: (1) on May 23, 2005, UNC-CH published a
statement entitled “Official Recognition of Student Organizations
– Non-Discrimination Policy,” which offered official recognition
to “student organizations that select their members on the basis
of commitment to a set of beliefs,”8 and (2) in September 2005,
8 The May 2005 statement reads, in pertinent part:
To be eligible for official recognition from the University -- and the privileges that accompany official recognition -- a student co-curricular organization must abide by the following:
1. Membership and participation in the organization must be open to all students without regard to age, race, color, national origin, disability, religious status or historic religious affiliation, veteran status, or sexual orientation. Membership and participation in the organization must also be open without regard to gender, unless exempt under Title IX. 2. Student organizations that select their members on the basis of commitment to a set of beliefs (e.g., religious or political beliefs) may limit membership and participation in the organization to students who, upon individual inquiry, affirm that they support the organization’s goals and agree with its beliefs, so long as no student is excluded from membership or participation on the basis of his or her age, race, color, national origin, disability, religious status or historic religious affiliation, veteran status, sexual orientation, or, unless exempt under Title IX, gender.
Defendants do not agree that this statement is new or different from the policy it published and/or applied to student organizations in 2003. They refer to it as a clarification or an interpretation of the prior policy. (Defs.’ Mem. 1.) The court
(continued...)
9
Case 1:04-cv-00765 Document 63 Filed 05/04/06 Page 9 of 37

Plaintiffs applied for and received official recognition, entitling them to full and equal privileges at UNC-CH for the 2005-06 academic year. (James Moeser Aff. ¶¶ 6 & 7, May 25, 2005; Jonathan E. Curtis Aff. ¶ 3, March 7, 2006 (“Second Curtis Aff.”).) Thus, AIO is currently enjoying the benefits of official recognition, including having money in a student activities fund account, reserving meeting space in the student union, and being listed on the university’s website. (Second Curtis Aff. ¶¶ 4-6.)
On May 25, 2005, Defendants filed their Second Motion to Dismiss Complaint and Suggestion of Mootness, arguing that the recent developments resolved Plaintiffs’ claims and mooted the case. Plaintiffs opposed Defendants’ motion and, after the deadline to file such motions, filed a Motion for Leave to File Amended Complaint.9 For the reasons set forth below, Defendants’ motion will be granted and Plaintiffs’ motion will be denied.
8(...continued) declines to characterize the May 2005 statement and will instead refer to it as “the 2005 Policy” and will refer to the policy as it was written at the commencement of this suit as “the 2003 Policy.”
9 Plaintiffs’ motion to amend was filed on June 20, 2005, after the June 9, 2005 deadline set in the parties’ Joint Rule 26(f) Report and the court’s order approving that report. (See Report ¶ 5(b); Order Approving Joint Rule 26(f) Report, May 5, 2005.)
10
Case 1:04-cv-00765 Document 63 Filed 05/04/06 Page 10 of 37

DISCUSSION
I. Motion to Dismiss Will Be Granted This court has jurisdiction to adjudicate actual cases and
controversies only. U.S. Const. art. III, § 1 et seq.; Powell v. McCormack, 395 U.S. 486, 496-97 (1969). In order to maintain jurisdiction, “an actual controversy must be extant at all stages of review, not merely at the time the complaint is filed.” Arizonans for Official English v. Ariz., 520 U.S. 43, 67 (1997). A case becomes moot when the issues presented are no longer “live” or when the parties no longer hold a personal stake or cognizable interest in the outcome. Powell, 395 U.S. at 496-97. When a case becomes moot, the court must dismiss for lack of subject matter jurisdiction. U.S. Parole Comm’n v. Geraghty, 445 U.S. 388, 397 (1980).
Despite the resolution of all issues between the parties in this case and the relative success for Plaintiffs, Plaintiffs are not satisfied. They oppose Defendants’ Second Motion to Dismiss and Suggestion of Mootness and do not accept Defendants’ voluntary change in policy and grant of official recognition to AIO as a resolution of the case. In order to avoid mootness, Plaintiffs first argue that Defendants’ “litigation-provoked change” in policy does not moot the case because the university could easily revert to the old policy. Second, Plaintiffs
11
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contend that the case is not moot because they have filed a motion for leave to amend the complaint, which will be addressed in part II of this opinion.
A. The Defendants’ Voluntary Actions Moot the Case In Friends of the Earth, Inc. v. Laidlaw Env’tl Servs., Inc., 528 U.S. 167 (2000), the Supreme Court held “‘[a] case might become moot if subsequent events made it absolutely clear that the allegedly wrongful behavior could not reasonably be expected to recur.’ The ‘heavy burden of persua[ding]’ the court that the challenged conduct cannot reasonably be expected to start up again lies with the party asserting mootness.” Id. at 189 (citations omitted). Thus, before finding that this case is mooted by Defendants’ voluntary issuance of the 2005 Policy and granting of official recognition to AIO, it is the court’s obligation to be sure that Defendants cannot reasonably be expected to revert to the 2003 Policy. It is true that, although the 2005 Policy was posted on the main university website as soon as it was announced in May 2005, UNC-CH did not immediately update all of its web-pages, links and templates to reflect the 2005 Policy.10 It was during this time
10 UNC-CH maintains two main websites that are relevant here, www.unc.edu and www.carolinaunion.com, each containing several statements of and/or links to the university’s non-discrimination policy.
12
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of flux when some pages were updated, but others were not (the summer of 2005), when Plaintiffs filed their Opposition to Defendants’ Second Motion to Dismiss and Suggestion of Mootness (“Pls.’ Opp’n”). Plaintiffs argued then that the inconsistencies, in conjunction with UNC-CH’s habit of changing its interpretation of the 2003 Policy, showed that “[i]t is not ‘absolutely clear’ that the University would stick with its updated policy, nor is there anything therein that would preclude it from abandoning its latest terminology once this case would be dismissed.” (Pls.’ Opp’n 5.) Plaintiffs urged the court to retain jurisdiction in order to rule on the unconstitutionality of the 2003 Policy and to enjoin Defendants from applying it to Plaintiffs.
However, even if Plaintiffs’ concerns were valid as of the summer of 2005 (which the court does not decide), the current situation is very different. The court takes judicial notice that all relevant UNC-CH websites, links, applications and templates for student organizations now contain the 2005 Policy only. Fed. R. Evid. 201(b)(2) & 201(f). The 2003 non-discrimination policy, about which Plaintiffs brought suit, is now gone. Defendants have made the 2005 Policy as public and as permanent as possible and Plaintiffs are officially recognized for the 2005-06 academic year. Defendants have done much more than merely “promise not to commit similar violations in the
13
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future.” United States v. W. T. Grant Co., 345 U.S. 629, 634 (1953). They have changed the policy and have granted AIO official recognition under the 2005 Policy. There is no “reasonable expectation that the same complaining party would be subjected to the same action again,” Murphy v. Hunt, 455 U.S. 478, 482 (1982), and the possibility that another person may suffer harm in the future is insufficient to avoid mootness. Weinstein v. Bradford, 423 U.S. 147, 149 (1975). “The purpose of an injunction is to prevent future violations.” W. T. Grant, 345 U.S. at 633. To be entitled to an injunction Plaintiffs would have to show that such relief is still needed by showing “some cognizable danger of recurrent violation, something more than the mere possibility.” Id.
Although there is a remote possibility that Defendants could be acting in bad faith and could, as soon as the lawsuit is ended, change all of the forms and websites back to the 2003 Policy and revoke AIO’s official recognition, the court believes that such a development is unlikely and that Defendants can and should be trusted to abide by the 2005 Policy.11 Defendants have met their burden of persuasion and this case must be dismissed.
11 See, e.g., United States v. Or. State Med. Soc’y, 343 U.S. 326, 334 (1952) (finding “not the slightest reason to doubt the genuineness, good faith or permanence of the changed attitude and strategy of these defendant-appellees,” as evidenced by “an overt and visible reversal of policy, carried out by extensive operations which have every appearance of being permanent”).
14
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See Princeton Univ. v. Schmid, 455 U.S. 100, 103 (1982) (per curiam) (when university substantially amended the regulation which plaintiff claimed violated his constitutional rights, “the issue of the validity of the old regulation is moot, for this case has ‘lost its character as a present, live controversy of the kind that must exist if we are to avoid advisory opinions on abstract questions of law.’”) (quoting Hall v. Beals, 396 U.S. 45, 48 (1969)); Murphy, 455 U.S. at 484; Weinstein, 423 U.S. at 149; W. T. Grant, 345 U.S. at 635.
B. The 2005 Policy Protects the Rights of the Parties There is no merit to Plaintiffs’ contention that “the policy has not been changed in a manner that rescues it from unconstitutionality.” (Pls.’ Opp’n 2.) On the contrary, the court finds that the 2005 Policy (quoted in footnote 8, supra) is an acceptable and thoughtful balance of the interests of the Defendants to foster diversity, safeguard academic freedom, encourage intellectual discourse, and discourage discrimination and disruption at UNC-CH, on the one hand, with the interests of Plaintiffs to organize with like-minded students to participate in an evangelical Christian student organization on campus, on the other hand. The 2005 Policy incorporates Plaintiffs’ own request that a distinction be made between a prospective member’s religious
15
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beliefs (which is a permissible grounds on which to grant or deny
membership) and a prospective member’s religious status (which is
not a permissible ground on which to grant or deny membership). 12
The 2005 Policy makes clear that AIO (and all other student
organizations at UNC-CH) may exclude persons who do not agree
with the goals and beliefs of the organization. That is the
right Plaintiffs sought in their lawsuit and they have it now. 13
The 2005 Policy also makes clear, as it should, that student
organizations that select their members on the basis of
commitment to a set of beliefs, must ask prospective members
12 See Pls.’ Reply Br. in Supp. Mot. for Prelim. Inj. 3; see also Healy v. James, 408 U.S. 169, 181 (1972) (“Among the rights protected by the First Amendment is the right of individuals to associate to further their personal beliefs.”); Gay Alliance of Students v. Matthews, 544 F.2d 162, 165 (4th Cir. 1976) (the First Amendment right of individuals to “associate to further their personal beliefs” “is furthered if those who may wish to join GAS are encouraged by the fact of [official recognition] to take that step”); Seabourn v. Coronado Area Council, Boy Scouts of Am., 891 P.2d 385 (Kan. 1995) (scouts may exclude from position of leadership an atheist who was unwilling to profess a belief in a supreme being), cited with approval in Boy Scouts of Am. v. Dale, 530 U.S. 640, 653-54, 657 n.3 (2000) (an “expressive organization” has a First Amendment right to exclude persons whose message and conduct would “propound a point of view contrary to its beliefs,” but may not “erect a shield against antidiscrimination laws simply by asserting that mere acceptance of a member from a particular group would impair its message”).
13 “AIO desires official recognition” and seeks permission to enforce its by-laws which provide that “due to the explicit Christian purposes and tenets on which this organization is founded, members shall be selected according to standards set by the organization, in accordance with the statement of faith.” (Compl. ¶¶ 67, 105.)
16
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individually about their commitment to the organization’s beliefs
and goals, must honor a person’s honest responses to such
questions, and may not pre-judge any applicant based on his
reputation, status, appearance, or heritage.14 To the extent
Plaintiffs would suggest that they have a constitutional right to
pre-judge prospective members based on any of these “status”
indicators, they are wrong and the court rejects that position. 15
Boy Scouts of Am. v. Dale, 530 U.S. 640, 653 (2000) (organization
may not “erect a shield against anti-discrimination laws simply
14 The court offered this theoretical example at oral argument: A student who Plaintiffs have known to be a member of the Jewish community applies for membership in AIO. Plaintiffs are not permitted to exclude that person indiscriminately, based on assumptions about his beliefs and behaviors. Instead, the 2005 Policy requires Plaintiffs to ask that student whether he can affirm that he “supports the organization’s goals” and “agrees with its beliefs.” If he answers “yes” (assuming the answer is given honestly), that person cannot be excluded because of his “religious status or historic religious affiliation,” i.e., he cannot be excluded simply because he may be Jewish. Once admitted, he may thereafter be held to AIO’s standards of conduct and internal rules. If he answers “no,” Plaintiffs may exclude him on that basis. Exclusion in that case is permitted under the 2005 Policy because it is not “on the basis of his religious status or historic religious affiliation,” but on the basis of his inability or unwillingness to support AIO’s goals and agree with its beliefs.
15 The prayer for judgment states that Plaintiffs seek the right to “discriminate on the basis of religion or sexual orientation.” (Compl. 21.) Plaintiffs have made it clear during briefing and oral arguments that what they mean by that is that they seek the right to limit membership to those persons who agree with Plaintiffs’ beliefs and will support AIO’s goals. Plaintiffs do not wish to summarily refuse someone whose beliefs and commitments align with theirs, regardless of that person’s label.
17
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by asserting that mere acceptance of a member from a particular group would impair its message”).
In addition to what the 2005 Policy says about Plaintiffs’ rights and responsibilities, it also properly sets forth the rights and responsibilities of Defendants. UNC-CH must grant official recognition to students who wish to organize with others who share their beliefs in pursuit of common goals, even if the university disagrees with those beliefs and goals. Healy v. James, 408 U.S. 169, 187 (1972) (under the First Amendment, “mere disagreement of the [college] President with the group’s philosophy affords no reason to deny it recognition”). UNC-CH may not force its student groups to espouse the same anti-discrimination message that the university has adopted for itself. Hurley v. Irish-American Gay, Lesbian and Bisexual Group of Boston, Inc., 515 U.S. 557, 579 (1995) (“While the law is free to promote all sorts of conduct in place of harmful behavior, it is not free to interfere with speech for no better reason than promoting an approved message or discouraging a disfavored one, however enlightened either purpose may strike the government.”).16 The university may still pursue its goals of
16 However, UNC-CH is not required to recognize all applicants. It could refuse to recognize a student group that acted unlawfully and posed a threat of material disruption to the campus, or a group that refused to adhere to reasonable regulations concerning the time, place and manner in which student groups must exercise their free speech rights. Healy,
(continued...) 18
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discouraging discrimination, encouraging diversity, and fostering the free exchange of ideas by recognizing student groups that support various religious beliefs and contrasting views concerning homosexuality. Bd. of Regents of Univ. of Wis. Sys. v. Southworth, 529 U.S. 217, 233 (2000) (“The University may determine that its mission is well served if students have the means to engage in dynamic discussions of philosophical, religious, scientific, social, and political subjects in their extracurricular campus life outside of the lecture hall.”) The key is that the university must protect all students’ First Amendment rights by maintaining “viewpoint neutrality in the allocation of funding support” and “may not prefer some viewpoints to others.” Id.; see also Rosenberger v. Rector and Visitors of Univ. of Va., 515 U.S. 819, 828-29 (1995). In other words, UNC-CH must allow all student organizations to limit membership according to shared beliefs and common goals, regardless of whether they are social, religious or political, and regardless of whether they are in line with the university’s beliefs and goals.17
16(...continued) 408 U.S. at 189, 192-93. Those factors are not present here.
17 This is subject, of course, to reasonable restrictions, as discussed in footnote 16, supra. See also United States v. Albertini, 472 U.S. 675, 687-88 (1985) (“Application of a facially neutral regulation that incidentally burdens speech satisfies the First Amendment if it ‘furthers an important or
(continued...) 19
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Thus, because the 2005 Policy strikes the right balance
between the competing rights and responsibilities of the parties,
it is consistent with the Supreme Court’s directive that:
First Amendment rights must always be applied “in light of the special characteristics of the . . . environment” in the particular case. And, where state-operated educational institutions are involved, this Court has long recognized “the need for affirming the comprehensive authority of the States and of school officials, consistent with fundamental constitutional safeguards, to prescribe and control conduct in the schools.” Yet, the precedents of this Court leave no room for the view that, because of the acknowledged need for order, First Amendment protections should apply with less force on college campuses than in the community at large. Quite to the contrary, “[t]he vigilant protection of constitutional freedoms is nowhere more vital than in the community of American schools.” The college classroom with its surrounding environs is peculiarly the “marketplace of ideas,” and we break no new constitutional ground in reaffirming this Nation’s dedication to safeguarding academic freedom.
Healy, 408 U.S. at 180-81 (citations omitted). Plaintiffs’
inexplicable inability or refusal to understand the 2005 Policy
does not require the continuation of a moot case.18
17(...continued) substantial governmental interest; if the governmental interest is unrelated to the suppression of free expression; and if the incidental restriction on alleged First Amendment freedoms is no greater than is essential to the furtherance of that interest.’”) (quoting United States v. O’Brien, 391 U.S. 367, 377 (1968)).
18 Plaintiffs call the 2005 Policy “utterly confounding,” “circular and inexplicable.” (Pls.’ Mem. in Reply to Defs.’ Opp’n to Leave to File Am. Compl. 16-17.) However, Plaintiffs argued in favor of the distinction between belief and status, before they argued against it. See n. 7, supra.
20
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The court must consider the claims that were asserted (not what might have been asserted) when deciding whether a live case or controversy exists. In this case, Plaintiffs asked for equitable relief which has either been voluntarily granted by Defendants (freedom from application of the 2003 Policy) or rendered moot by the changed circumstances (a declaratory judgment that the 2003 Policy is unconstitutional). The 2003 Policy is no longer the policy of UNC-CH. It cannot threaten or harm Plaintiffs and this court would be engaging in purely advisory, theoretical analysis if it were to enter a declaratory judgment on the constitutionality of a non-existent policy. Lewis v. Continental Bank Corp., 494 U.S. 472, 479 (1990) (“Even in order to pursue the declaratory and injunctive claims . . . Continental must establish that it has a ‘specific live grievance’ against the application of the statutes . . . and not just an ‘abstract disagreemen[t]’ over the constitutionality of such application.”) (citations omitted).
Given AIO’s current status as an officially recognized student organization and Defendants’ adoption of the 2005 Policy, the court is unable to find a current case or controversy between the parties.19 In the words of the Supreme Court:
19 Plaintiffs made no claim for monetary damages for any alleged past injury. Although Plaintiffs sought recovery of their costs, expenses, and attorneys’ fees under 42 U.S.C. § 1988(b), that claim fails for the reasons set forth in Part
(continued...) 21
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Under Article III of the Constitution, federal courts may adjudicate only actual, ongoing cases or controversies. To invoke the jurisdiction of a federal court, a litigant must have suffered, or be threatened with, an actual injury traceable to the defendant and likely to be redressed by a favorable judicial decision. Article III denies federal courts the power “to decide questions that cannot affect the rights of litigants in the case before them,” and confines them to resolving “real and substantial controvers[ies] admitting of specific relief through a decree of a conclusive character, as distinguished from an opinion advising what the law would be upon a hypothetical state of facts.”
Lewis, 494 U.S. at 477 (citations omitted). Accordingly,
Defendants’ Second Motion to Dismiss and Suggestion of Mootness
will be granted and Plaintiffs’ claims will be dismissed.
19(...continued) III, infra. Even if Plaintiffs had a valid claim for attorneys’ fees, it would be insufficient to create an Article III case or controversy and dismissal would still be appropriate. Lewis, 494 U.S. at 480 (“Where on the face of the record it appears that the only concrete interest in the controversy has terminated, reasonable caution is needed to be sure that mooted litigation is not pressed forward, and unnecessary judicial pronouncements on even constitutional issues obtained, solely in order to obtain reimbursement of sunk costs.”); Diamond v. Charles, 476 U.S. 54, 70-71 (1986) (appellate court lacked jurisdiction and suit challenging constitutionality of state statute must be dismissed when only remaining issue concerned attorney’s fees because the “fee award is wholly unrelated to the subject matter of the litigation, and bears no relation to the statute whose constitutionality is at issue here. It is true that, were the Court to resolve the case on the merits against appellees, appellees would no longer be ‘prevailing parties’ entitled to an award of fees under 42 U.S.C. § 1988. But the mere fact that continued adjudication would provide a remedy for an injury that is only a byproduct of the suit itself does not mean that the injury is cognizable under Art. III.”).
22
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II. Motion for Leave to File Amended Complaint Will Be Denied In an effort to avoid mootness, Plaintiffs request leave to
amend the complaint pursuant to Rule 15(a), Fed. R. Civ. P. Plaintiffs’ position is that they should be allowed to amend their complaint, almost as a matter of course,20 and thereby avoid mootness by raising new issues and damages claims.
Plaintiffs’ proposed amendments fall into four main topics: (1) the pre-litigation actions of university officials who allegedly enforced the 2003 non-discrimination policy inconsistently, without changing the text of the policy (Proposed Am. Compl. ¶¶ 42-85), (2) Defendants’ failure to completely replace the 2003 Policy with the 2005 Policy in its guidelines, template forms and websites (id. at ¶¶ 33-41, 90), (3) the alleged vagueness of the 2005 Policy (id. at ¶ 89), and (4) a claim for nominal damages (id. at ¶ 121.). 21
20 In response to Defendants’ Second Motion to Dismiss and Suggestion of Mootness, Plaintiffs assert “[b]ecause an amended complaint has been filed by Plaintiffs, little else need be considered in this matter.” (Pls.’ Opp’n 2.)
21 In addition to these amendments, Plaintiffs also seek to make changes to their names and status at UNC-CH. The proposed amended complaint changes the entity bringing this suit from “Alpha Iota Omega Christian Fraternity, an unincorporated association” and “student organization of the University of North Carolina at Chapel Hill” (Compl. ¶ 9), to “Alpha Iota Omega Christian Fraternity, Inc.,” a “national men’s fraternity organization,” having its own “constitution, bylaws and statement of faith” which bind and govern its “local chapters,” such as the
(continued...) 23
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“A party who requests leave to amend after the date
specified in the initial scheduling order must satisfy two
prerequisites. The party must first demonstrate that there is
some ‘good cause’ why the court should not adhere to the dates
specified in the scheduling order. If the party shows ‘good
cause’ to the court’s satisfaction, the party must then
demonstrate that leave to amend is proper under Federal Rule of
Civil Procedure 15.” Forstmann v. Culp, 114 F.R.D. 83, 85
(M.D.N.C. 1987). Thus, Plaintiffs are faced with two hurdles in
this case.
21(...continued) AIO chapter at UNC-CH, which is known as the “Alpha Chapter.” (Proposed Am. Compl. ¶ 3) (emphasis added). The proposed amended complaint omits the allegation that the individual Plaintiffs are “all full-time, registered students at the UNC-CH.” Compare Compl. ¶¶ 61-63 with Proposed Am. Compl. ¶¶ 4, 5, & 12. UNC-CH requires that all officers and the majority of the members of student organizations be registered, full-time students. (Compl. Ex. 4.) In addition, the proposed amended complaint was filed before, and therefore does not address the fact that, AIO applied for and was granted official recognition for the 2005-06 academic year. Instead, it alleges that the denial of Plaintiffs’ rights is ongoing. (Proposed Am. Compl. ¶¶ 99, 104, 111.) For these reasons, all or some of the Plaintiffs may no longer be proper parties to bring the claims. See DeFunis v. Odegaard, 416 U.S. 312, 316-17 (1974) (non-class-action challenge to constitutionality of school admissions process mooted when plaintiff, admitted pursuant to preliminary injunction, neared graduation and defendant conceded that plaintiff would be allowed to finish); Steele v. Van Buren Pub. Sch. Dist., 845 F.2d 1492, 1495 (8th Cir. 1988) (student’s claim against school district mooted by her graduation); Case v. Unified Sch. Dist. No. 233, 908 F. Supp. 864, 873 (D. Kan. 1995) (former students no longer had cognizable interest in claim seeking injunction to compel school to reinstate books removed from library).
24
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First, Rule 16(b) requires that parties abide by the filing deadlines set forth in the scheduling order, which “shall not be modified except upon a showing of good cause and by leave” of court. Fed. R. Civ. P. 16(b). Plaintiffs do not address the fact that their motion to amend was filed beyond the deadline, in violation of Rule 16(b), and do not even attempt to show “good cause” to revise the scheduling order.
Second, Plaintiffs must also demonstrate that leave to amend is proper under the more-lenient, general Rule 15(a), which provides that leave to amend pleadings “shall be freely given when justice so requires.” Fed. R. Civ. P. 15(a). Even under the more-lenient rule, however, amendments are not always allowed. Lewis v. Microsoft Corp., 410 F. Supp. 2d 432, 438 (E.D.N.C. 2006) (citing Glick v. Koenig, 766 F.2d 265, 268-69 (7th Cir. 1985) (“The liberal amendment rules under Rule 15(a) do not require the courts to indulge in futile gestures.”)); Forstmann, 114 F.R.D. at 86 (“[T]he text of Rule 15 makes it clear that a court is not to grant permission to amend automatically.”). Valid reasons to deny leave to amend include futility, waste of judicial resources, undue delay, and unfair prejudice to the non-moving party. Foman v. Davis, 371 U.S. 178, 182 (1962); Davis v. Piper Aircraft Corp., 615 F.2d 606, 613 (4th Cir. 1980).
25
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In this case, the tardiness of the proposed amendment, its futility, and the unfair prejudice to Defendants and overall inefficiency which would result from its allowance, require that leave to amend be denied.
A. Motion Does Not Satisfy Requirements of Rule 16(b) Plaintiffs’ Motion for Leave to File Amended Compliant was filed after the deadline set by the parties’ Joint Rule 26(f) Report and the court’s scheduling order. Accordingly, Plaintiffs must first meet the higher standard of “good cause” necessary to revise a scheduling order deadline under Rule 16(b), before the court should even consider the more-lenient standard of Rule 15, which applies to timely motions. Fed. R. Civ. P. 16(b); Interstate Narrow Fabrics, Inc. v. Century USA, Inc., 218 F.R.D. 455, 460 (M.D.N.C. 2003); Forstmann, 114 F.R.D. at 85. Plaintiffs completely ignore the scheduling order and do not attempt to justify their tardiness. Instead, they assume that grounds sufficient under Rule 15 satisfy Rule 16 as well. Plaintiffs are wrong. “[T]he scheduling order ‘is not a frivolous piece of paper, idly entered, which can be cavalierly disregarded by counsel without peril.’” Forstmann, 114 F.R.D. at 85 (citation omitted). Defendants announced the 2005 Policy on May 23, 2005, and filed the Second Motion to Dismiss and Suggestion of Mootness on
26
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May 25, 2005. Plaintiffs could and should have filed their motion to amend on time -- by June 9, 2005.22 Their delay, absent a showing of “good cause” as required by Rule 16(b), constitutes sufficient grounds on which to disallow the motion, even without reaching the arguments raised in Plaintiffs’ briefs. Fed. R. Civ. P. 16; Intown Props. Mgmt., Inc. v. Wheaton Van Lines, Inc., 271 F.3d 164, 166-67 (4th Cir. 2001) (“district court clearly did not abuse its discretion in denying Intown’s late-filed motion to amend”); Wildauer v. Frederick County, 993 F.2d 369, 372 (4th Cir. 1993) (district court did not abuse its discretion in denying motion to amend filed after scheduling order deadline); Blundell v. Wake Forest Univ. Baptist Med. Ctr., 2006 WL 694630, *2 (M.D.N.C. Mar. 15, 2006) (failure to comply with scheduling order sufficient grounds on which to deny leave to file amended complaint); DeWitt v. Hutchins, 309 F. Supp. 2d 743, 748 (M.D.N.C. 2004) (“good cause is not shown if the amendment could have been timely made”); Forstmann, 114 F.R.D. at 85 (plaintiff’s failure to show good cause for untimely motion to amend “clearly fails to satisfy the first prerequisite”).
B. Futility Even a timely-filed motion to amend should be denied if it is futile. Foman, 371 U.S. at 182. An amendment is futile when
22 Plaintiffs filed their motion on June 20, 2005. 27
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it could not withstand a motion to dismiss or is legally insufficient. HealthSouth Rehab. Hosp. v. Am. Nat’l Red Cross, 101 F.3d 1005, 1011-12 (4th Cir. 1996) (proposed amendment was futile because allowing it would have “at most, delayed the inevitable dismissal” of the plaintiff’s claims); Perkins v. U.S., 55 F.3d 910, 917 (4th Cir. 1995). Plaintiffs’ motion for leave to file the proposed amended complaint is futile because even if it were allowed, the case would still be moot and because it is based on an outdated, and therefore false, state of affairs.
The court finds that all four categories of allegations Plaintiffs wish to add are futile and should not be allowed. First, the allegations concerning the application of the 2003 non-discrimination policy to AIO and other student organizations prior to the inception of this lawsuit do not change the current situation between these parties,23 which was fundamentally altered by the announcement and application of the 2005 Policy. Second, the allegations concerning Defendants’ failure to commit fully to the 2005 Policy are simply no longer true and are, therefore, irrelevant and insufficient to save the case from mootness.24 Third, Plaintiffs’ single allegation that the 2005
23 No other student organizations are parties to this lawsuit.
24 The proposed amended complaint was filed at a time of (continued...)
28
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Policy is “vague” is rejected by the court, as addressed in Part
I(B) of this opinion, supra.25 Finally, the court in its
discretion will not allow the continuation of a lawsuit merely to
allow Plaintiffs to seek nominal damages, which, even if proven,
would be limited to one dollar. Carey v. Piphus, 435 U.S. 247,
267 (1978).26
24(...continued) flux, before UNC-CH had updated all of the relevant websites, links and templates with the 2005 Policy and before Plaintiffs had applied for and received official recognition. The situation then, as reflected in Plaintiffs’ proposed amended complaint, is not the situation now. If this court were to allow an amendment stating allegations all parties now know to be false, it would not serve the interests of justice or efficiency. See also Part I(A) of this opinion, supra.
25 Plaintiffs’ proposed amended complaint says almost nothing about the 2005 Policy, but does make one allegation that the policy is “vague in its terms,” when viewed as “supplementing the university nondiscrimination policy regime.” (Proposed Am. Compl. ¶ 89.) Plaintiffs’ vagueness argument assumes that the 2003 Policy is also still published and that the two contradictory policies must somehow be reconciled. This is no longer the case, as UNC-CH has now completely removed the 2003 Policy, in favor of the 2005 Policy.
26 In order to recover nominal damages, Plaintiffs would have to prevail on the merits of their case. Farrar v. Hobby, 506 U.S. 103, 112 (1992) (nominal damages are appropriate when civil rights plaintiff establishes violation of his due process rights, but is unable to prove actual injury); Brister v. Faulkner, 214 F.3d 675, 685-86 (5th Cir. 2000) (civil rights plaintiffs not entitled to nominal damages where court found that their constitutional rights had not been violated). Here, Plaintiffs have not proven a constitutional violation and the case is dismissed as moot, so that possibility is foreclosed.
29
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C. Relative Prejudice to Parties In deciding whether to allow amendments under Rule 15, courts must weigh the prejudice which would be suffered by the non-moving party if leave were granted against any harm which would be suffered by the moving party if leave were denied. Foman, 371 U.S. at 182 (leave to amend may be denied when the prejudice to the non-moving party outweighs any harm to the moving party if leave is denied); Forstmann, 114 F.R.D. at 87. “[P]rejudice resulting to the opponent by a grant of leave to amend is reason sufficient to deny amendment.” Davis v. Piper Aircraft Corp., 615 F.2d 606, 613 (4th Cir. 1980) (citing Zenith Radio Corp. v. Hazeltine Research, Inc., 401 U.S. 321 (1971)). In this case, Plaintiffs suffer no harm from the denial of their motion to amend. There are no concerns about the statute of limitations or a need to “relate back” pursuant to Fed. R. Civ. P. 15(c). Plaintiffs are not currently suffering injury. They have what they sought – official university recognition – and the status quo is to their benefit. If Plaintiffs, future members of AIO, or members of other student organizations are injured in the future, under the 2005 Policy or otherwise, they are free to bring a lawsuit and seek redress at that time. In contrast, Defendants would be prejudiced if leave to amend were granted and the lawsuit were permitted to continue. Defendants voluntarily met the demands of Plaintiffs by issuing
30
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the 2005 Policy and granting AIO official recognition. Plaintiffs have been enjoying the benefits of that status and Defendants are justified in expecting the lawsuit to reach its end. Thus, the balance of harm weighs against granting leave to amend.
D. Judicial Economy The motion to amend should also be denied in the interest of preserving judicial resources and serving efficient case management. Perrian v. O’Grady, 958 F.2d 192, 195 (7th Cir. 1992) (“The burden to the judicial system can justify a denial of a motion to amend ‘even if the amendment would cause no hardship at all to the opposing party.’”) (citation omitted); Chitimacha Tribe of La. v. Harry L. Laws Co., Inc., 690 F.2d 1157, 1163 (5th Cir. 1982) (court should consider judicial economy and whether amendment would lead to expeditious disposition of litigation on merits). Without a current controversy or injury for which the court can offer redress, it would be a waste of judicial resources to allow the proposed amendments and continue the court’s involvement. Among the proposed amended complaint’s most prominent flaws are the allegations that Plaintiffs are currently suffering denial of official recognition and that UNC-CH has not officially, clearly and completely replaced its 2003
31
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non-discrimination policy with the 2005 Policy. As discussed supra, those allegations are both false and pivotal. If the court were to allow the proposed amended complaint, it would be forcing the litigation of issues mooted by the progress and compromise made by the parties since the March 2, 2005 Order.
It is manifestly more efficient for the parties to continue their mutually-satisfactory relationship, without interference from the court. The 2005 Policy is the policy of UNC-CH now. So far, the parties have been able, in the spirit of compromise and good faith, to coexist under that policy. The courts are open to address any actual controversy which may arise concerning the 2005 Policy in the future, but this court should not retain jurisdiction over the parties indefinitely, in anticipation of a new injury.
For these reasons, the Motion for Leave to File Amended Complaint will be denied.
III. Plaintiffs Not Entitled to Recover Costs and Attorneys’ Fees Plaintiffs seek recovery of their costs and expenses,
including reasonable attorneys’ fees, under 42 U.S.C. § 1988 and “other applicable law.”27 (Compl. 21.) In order to recover costs and attorneys’ fees, Plaintiffs must qualify as “prevailing
27 Plaintiffs presumably mean to invoke the cost-shifting provisions of Fed. R. Civ. P. 54(d)(1), which require an award of costs to the “prevailing party.”
32
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parties.” Fed. R. Civ. P. 54(d)(1); 42 U.S.C. § 1988(b). Even then, it is in the court’s discretion whether to award attorneys’ fees.
The court recognizes that Plaintiffs’ lawsuit and this court’s March 2, 2005 Order were likely catalysts toward UNC-CH’s decision to announce the 2005 Policy and grant AIO official recognition. Nevertheless, the United States Supreme Court and the Fourth Circuit have rejected the “catalyst theory,” “which posits that a plaintiff is a ‘prevailing party’ if it achieves the desired result because the lawsuit brought about a voluntary change in the defendant’s conduct.” Buckhannon Bd. & Care Home, Inc. v. W. Va. Dept. of Health and Human Res., 532 U.S. 598, 601 (2001). The Supreme Court said the following:
Petitioners . . . assert that the “catalyst theory” is necessary to prevent defendants from unilaterally mooting an action before judgment in an effort to avoid an award of attorney’s fees. They also claim that the rejection of the “catalyst theory” will deter plaintiffs with meritorious but expensive cases from bringing suit. We are skeptical of these assertions, which are entirely speculative and unsupported by any empirical evidence . . . . Petitioners discount the disincentive that the “catalyst theory” may have upon a defendant’s decision to voluntarily change its conduct, conduct that may not be illegal. Id. at 608. Accord Smyth ex rel. Smyth v. Rivero, 282 F.3d 268, 275, 278 (4th Cir. 2002) (noting Buckhannon’s rejection of the catalyst theory and holding that a voluntary, unilateral act is not enough for the opposing party to be said to have prevailed
33
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for purposes of Section 1988(b)); S-1 and S-2 v. State Bd. of Ed. of N.C., 21 F.3d 49, 51 (4th Cir. 1994) (en banc) (“A person may not be a ‘prevailing party’. . . except by virtue of having obtained an enforceable judgment, consent decree, or settlement giving some of the legal relief sought”).
In rejecting the “catalyst theory,” the Buckhannon court defined “prevailing party” as a “party in whose favor a judgment is rendered, regardless of the amount of damages awarded . . . . Also termed successful party.” 532 U.S. at 603. In other words, “‘[L]iability on the merits and responsibility for fees go hand in hand; where a defendant has not been prevailed against, either because of legal immunity or on the merits, § 1988 does not authorize a fee award against that defendant.’” Farrar v. Hobby, 506 U.S. 103, 109 (1992) (quoting Kentucky v. Graham, 473 U.S. 159, 165 (1985)).
Here, there was no winner and no loser. The parties have reached common ground, due to Defendants’ voluntary issuance of the 2005 Policy (albeit with prodding from the court), Plaintiffs’ willingness to apply for official recognition under that policy, and Defendants’ granting of official recognition to AIO. The only court-sanctioned relief Plaintiffs recovered was a preliminary injunction, which is insufficient to qualify Plaintiffs as “prevailing parties” for purposes of Section
34
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1988(b). Smyth, 282 F.3d at 277.28 Plaintiffs neither sought
nor were granted damages, not even nominal damages.29 Plaintiffs
did not even secure a settlement agreement enforceable by a
consent decree, since Defendants did not condition their actions
on Plaintiffs’ agreement to dismiss their claims.30 Defendants
did not force Plaintiffs to go to trial and win a verdict in
their favor and there was no decision on the merits of the
case.31
28 The Smyth opinion explains that the frame-work used to decide whether to grant interim relief turns on the relative harm the parties “would be likely to suffer absent an injunction” and a decision to grant a preliminary injunction “by no means represents a determination that the claim in question will or ought to succeed ultimately.” Id. at 276-77. Thus, the issuance of interim relief is “an unhelpful guide to the legal determination of whether a party has prevailed” under Section 1988(b). Id. at 277.
29 In some circumstances, an award of nominal damages on the merits can be sufficient to qualify the recipient as a “prevailing party” for an award of costs under Rule 54(d)(1) and attorney’s fees under Section 1988(b). Buckhannon, 532 U.S. at 603-04; Zeuner v. Rare Hospitality Int’l, Inc., 386 F. Supp. 2d 635, 639-40 (M.D.N.C. 2005). However, Plaintiffs did not prevail on the merits of any of their claims and Plaintiffs’ claim for attorneys’ fees is insufficient to keep this case alive. See discussion in footnote 19, supra.
30 Contrast Buckhannon, 532 U.S. at 604 (“we have held that settlement agreements enforced through a consent decree may serve as the basis for an award of attorney’s fees”).
31 Contrast Belk v. Charlotte-Mecklenburg Bd. of Educ., 269 F.3d 305, 352 (4th Cir. 2001) (“In this case, there was no voluntary change in CMS’s conduct. CMS clung to the desegregation orders and put up a vigorous defense in the course of a two-month trial. A final judgment was handed down, and any change in CMS’s behavior will be due to the district court’s
(continued...)
35
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Instead, Defendants voluntarily gave Plaintiffs what they asked for and are now in the unusual position of having to convince Plaintiffs to accept victory. Defendants have a right to bring this case to an end by changing or clarifying the policy in order to avoid further alleged injury to or controversy with Plaintiffs. This should be encouraged, not discouraged.
For the foregoing reasons, Plaintiffs are not “prevailing parties” under Rule 54(d)(1) or Section 1988(b) and are not entitled to an award of costs or attorneys’ fees thereunder. In the absence of a statutory basis for the recovery of Plaintiffs’ costs and fees, the “American Rule” applies and the parties must bear their own costs and expenses. Buckhannon, 532 U.S. at 602.
CONCLUSION
Plaintiffs filed this lawsuit as outsiders, challenging the university system, and end this lawsuit as insiders, fully participating in the university system. The claims of the original complaint are moot and the court will not allow Plaintiffs to morph it into a new case, via belated amended allegations about harm that Plaintiffs or other student groups might suffer in the future.
31(...continued) decree, not a voluntary act.”).
36
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For the reasons set forth above, the court will grant Defendants’ Second Motion to Dismiss and Suggestion of Mootness and will deny Plaintiffs’ Motion for Leave to File Amended Complaint. The parties will bear their own costs.
An order in accordance with this memorandum opinion shall be entered contemporaneously herewith. May 4, 2006
37 Case 1:04-cv-00765 Document 63 Filed 05/04/06 Page 37 of 37

 
 18AG,CLOSED,MEDIATION
U.S. District Court North Carolina Middle District (NCMD) CIVIL DOCKET FOR CASE #: 1:04−cv−00765

ALPHA IOTA OMEGA, et al v. MOESER, et al Assigned to: FRANK W. BULLOCK, JR Demand: $0 Cause: 42:1983 Civil Rights Act
Plaintiff

Date Filed: 08/25/2004 Date Terminated: 05/04/2006 Jury Demand: None Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

ALPHA IOTA OMEGA CHRISTIAN FRATERNITY An unincorporated association

represented by BENJAMIN W. BULL ALLIANCE DEFENSE FUND LAW CENTER 15333 N. PIMA RD., STE. 165 SCOTTSDALE, AZ 85260 480−444−0020 LEAD ATTORNEY ATTORNEY TO BE NOTICED

DAVID A. FRENCH 1422 HIGHVIEW DR., APT. H301 COLUMBIA, TN 38401 480−444−0020 LEAD ATTORNEY ATTORNEY TO BE NOTICED

JEFFREY A. SHAFER ALLIANCE DEFENSE FUND 801 G ST. N.W., STE 509 WASHINGTON, DC 20001 202−637−4609 Fax: 202−347−3622 Email: jshafer@telladf.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

JORDAN W. LORENCE ALLIANCE DEFENSE FUND LAW CENTER 15333 N. PIMA RD., STE. 165 SCOTTSDALE, AZ 85260 480−444−0020 Fax: 480−444−0028 Email: jlorence@telladf.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

JOSHUA W. CARDEN ALLIANCE DEFENSE FUND LAW CENTER 15333 N. PIMA RD., STE. 165 SCOTTSDALE, AZ 85260 480−444−0020 TERMINATED: 06/14/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED

ROBERT MICHAEL SCHMIDT 444 S. MAIN ST. LAURINBURG, NC 28352 910−266−9017

Case: 1:04-cv-00765 document<docnum> filed <datefiled> 1 of 23

Plaintiff TREVOR J. HAMM An individual
Plaintiff CARLON D. MYRICK An individual

Fax: 919−266−9006 Email: lawofliberty@bellsouth.net LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by BENJAMIN W. BULL (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID A. FRENCH (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JEFFREY A. SHAFER (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JORDAN W. LORENCE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOSHUA W. CARDEN (See above for address) TERMINATED: 06/14/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED
ROBERT MICHAEL SCHMIDT (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by BENJAMIN W. BULL (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DAVID A. FRENCH (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JEFFREY A. SHAFER (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JORDAN W. LORENCE (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOSHUA W. CARDEN (See above for address) TERMINATED: 06/14/2005 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 1:04-cv-00765 document<docnum> filed <datefiled> 2 of 23

V. Defendant JAMES MOESER Chancellor of the University of North Carolina at Chapel Hill
Defendant RICHARD T. WILLIAMS Chairman and member, Board of Trustees of the University of North Carolina at Chapel Hill
Defendant NELSON SCHWAB, III Vice Chairman and member, Board of Trustees of the Uiversity of North Carolina at Chapel Hill

ROBERT MICHAEL SCHMIDT (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOHN P. SCHERER , II N. C. DEPARTMENT OF JUSTICE POB 629 RALEIGH, NC 27602−0629 919−716−6920 Fax: 919−716−6764 Email: jscherer@ncdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOYCE S. RUTLEDGE N. C. DEPARTMENT OF JUSTICE POB 629 RALEIGH, NC 27602−0629 919−807−4983 Email: joyce.rutledge@nctreasurer.com TERMINATED: 01/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO N. C. DEPARTMENT OF JUSTICE EDUCATION AND CORRECTION POB 629 RALEIGH, NC 27602 919−716−6920 Fax: 919−716−6764 Email: tziko@ncdoj.gov LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOHN P. SCHERER , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOYCE S. RUTLEDGE (See above for address) TERMINATED: 01/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOHN P. SCHERER , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 1:04-cv-00765 document<docnum> filed <datefiled> 3 of 23

Defendant JEAN ALMAND KITCHIN Secretary and member, Board of Trustees of the University of North Carolina at Chapel Hill
Defendant TIMOTHY B. BURNETT
Defendant PHILIP G. CARSON
Defendant

JOYCE S. RUTLEDGE (See above for address) TERMINATED: 01/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOHN P. SCHERER , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOYCE S. RUTLEDGE (See above for address) TERMINATED: 01/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOHN P. SCHERER , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOYCE S. RUTLEDGE (See above for address) TERMINATED: 01/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOHN P. SCHERER , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOYCE S. RUTLEDGE (See above for address) TERMINATED: 01/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 1:04-cv-00765 document<docnum> filed <datefiled> 4 of 23

RUSSELL M. CARTER
Defendant JOHN B. ELLISON, JR.
Defendant PAUL FULTON, JR.
Defendant KAROL V. MASON

represented by JOHN P. SCHERER , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOYCE S. RUTLEDGE (See above for address) TERMINATED: 01/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOHN P. SCHERER , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOYCE S. RUTLEDGE (See above for address) TERMINATED: 01/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOHN P. SCHERER , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOYCE S. RUTLEDGE (See above for address) TERMINATED: 01/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOHN P. SCHERER , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOYCE S. RUTLEDGE (See above for address) TERMINATED: 01/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO

Case: 1:04-cv-00765 document<docnum> filed <datefiled> 5 of 23

Defendant ROGER L. PERRY, SR.
Defendant A. DONALD STALLINGS
Defendant ROBERT W. WINSTON, III members, Board of Trustees of the University of North Carolina at Chapel Hill
Defendant JONATHAN CURTIS Assistant Director of Student Affairs and Organizations, University of North Carolina at Chapel Hill

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOHN P. SCHERER , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOYCE S. RUTLEDGE (See above for address) TERMINATED: 01/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOHN P. SCHERER , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOYCE S. RUTLEDGE (See above for address) TERMINATED: 01/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOHN P. SCHERER , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOYCE S. RUTLEDGE (See above for address) TERMINATED: 01/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOHN P. SCHERER , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOYCE S. RUTLEDGE

Case: 1:04-cv-00765 document<docnum> filed <datefiled> 6 of 23

Defendant MOLLY CORBETT BROAD President, University of North Carolina
Defendant J. BRADLEY WILSON Chair and member, Board of Governors of the University of North Carolina
Defendant J. CRAIG SOUZA Vice Chairman and member, Board of Governors of the University of North Carolina.
Defendant

(See above for address) TERMINATED: 01/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOHN P. SCHERER , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOYCE S. RUTLEDGE (See above for address) TERMINATED: 01/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOHN P. SCHERER , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOYCE S. RUTLEDGE (See above for address) TERMINATED: 01/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOHN P. SCHERER , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOYCE S. RUTLEDGE (See above for address) TERMINATED: 01/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 1:04-cv-00765 document<docnum> filed <datefiled> 7 of 23

PATSY B. PERRY Secretary and member, Board of Governors of the University of North Carolina
Defendant BRADLEY T. ADCOCK
Defendant G. IRVIN ALDRIDGE
Defendant JAMES G. BABB

represented by JOHN P. SCHERER , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOYCE S. RUTLEDGE (See above for address) TERMINATED: 01/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOHN P. SCHERER , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOYCE S. RUTLEDGE (See above for address) TERMINATED: 01/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOHN P. SCHERER , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOYCE S. RUTLEDGE (See above for address) TERMINATED: 01/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOHN P. SCHERER , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOYCE S. RUTLEDGE (See above for address) TERMINATED: 01/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO

Case: 1:04-cv-00765 document<docnum> filed <datefiled> 8 of 23

Defendant BRENT D. BARRINGER
Defendant J. ADDISON BELL
Defendant R. STEVE BOWDEN
Defendant F. EDWARD BROADWELL, JR.

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOHN P. SCHERER , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOYCE S. RUTLEDGE (See above for address) TERMINATED: 01/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOHN P. SCHERER , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOYCE S. RUTLEDGE (See above for address) TERMINATED: 01/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOHN P. SCHERER , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOYCE S. RUTLEDGE (See above for address) TERMINATED: 01/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOHN P. SCHERER , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOYCE S. RUTLEDGE

Case: 1:04-cv-00765 document<docnum> filed <datefiled> 9 of 23

Defendant WILLIAM L. BURNS, JR.
Defendant ANNE W. CATES
Defendant JOHN F.A.V. CECIL
Defendant

(See above for address) TERMINATED: 01/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOHN P. SCHERER , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOYCE S. RUTLEDGE (See above for address) TERMINATED: 01/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOHN P. SCHERER , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOYCE S. RUTLEDGE (See above for address) TERMINATED: 01/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOHN P. SCHERER , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOYCE S. RUTLEDGE (See above for address) TERMINATED: 01/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 1:04-cv-00765 document<docnum> filed <datefiled> 10 of 23

JOHN W. DAVIS, III
Defendant RAY S. FARRIS
Defendant DUDLEY E. FLOOD
Defendant HANNAH D. GAGE

represented by JOHN P. SCHERER , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOYCE S. RUTLEDGE (See above for address) TERMINATED: 01/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOHN P. SCHERER , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOYCE S. RUTLEDGE (See above for address) TERMINATED: 01/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOHN P. SCHERER , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOYCE S. RUTLEDGE (See above for address) TERMINATED: 01/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOHN P. SCHERER , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOYCE S. RUTLEDGE (See above for address) TERMINATED: 01/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO

Case: 1:04-cv-00765 document<docnum> filed <datefiled> 11 of 23

Defendant WILLIE J. GILCHRIST
Defendant H. FRANK GRAINGER
Defendant PETER D. HANS
Defendant PETER KEBER

(See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOHN P. SCHERER , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOYCE S. RUTLEDGE (See above for address) TERMINATED: 01/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOHN P. SCHERER , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOYCE S. RUTLEDGE (See above for address) TERMINATED: 01/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOHN P. SCHERER , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOYCE S. RUTLEDGE (See above for address) TERMINATED: 01/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOHN P. SCHERER , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOYCE S. RUTLEDGE

Case: 1:04-cv-00765 document<docnum> filed <datefiled> 12 of 23

Defendant ADELAIDE DANIELS KEY
Defendant G. LEROY LAIL
Defendant CHARLES H. MERCER, JR.
Defendant

(See above for address) TERMINATED: 01/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOHN P. SCHERER , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOYCE S. RUTLEDGE (See above for address) TERMINATED: 01/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOHN P. SCHERER , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOYCE S. RUTLEDGE (See above for address) TERMINATED: 01/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOHN P. SCHERER , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOYCE S. RUTLEDGE (See above for address) TERMINATED: 01/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Case: 1:04-cv-00765 document<docnum> filed <datefiled> 13 of 23

CHARLES S. NORWOOD Defendant CARY C. OWEN
Defendant JIM W. PHILLIPS, JR.
Defendant GLADYS ASHE ROBINSON
Defendant ESTELLE "BUNNYSANDERS

represented by JOHN P. SCHERER , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOYCE S. RUTLEDGE (See above for address) TERMINATED: 01/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOHN P. SCHERER , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOYCE S. RUTLEDGE (See above for address) TERMINATED: 01/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOHN P. SCHERER , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOYCE S. RUTLEDGE (See above for address) TERMINATED: 01/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOHN P. SCHERER , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOYCE S. RUTLEDGE (See above for address) TERMINATED: 01/17/2006

Case: 1:04-cv-00765 document<docnum> filed <datefiled> 14 of 23

Defendant PRISCILLA P. TAYLOR
Defendant ROBERT F. WARWICK members, Board of Governors of the University of North Carolina; each in their official capacities
Defendant RICHARD T. WILLIAMS Chairman and member, Board of Trustees of the University of North Carolina at Chapel Hill Defendant BERT COLLINS

LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOHN P. SCHERER , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOYCE S. RUTLEDGE (See above for address) TERMINATED: 01/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOHN P. SCHERER , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOYCE S. RUTLEDGE (See above for address) TERMINATED: 01/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOHN P. SCHERER , II (See above for address) ATTORNEY TO BE NOTICED
represented by JOHN P. SCHERER , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOYCE S. RUTLEDGE (See above for address) TERMINATED: 01/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO (See above for address)

Case: 1:04-cv-00765 document<docnum> filed <datefiled> 15 of 23

Defendant ALL DEFENDANTS

LEAD ATTORNEY ATTORNEY TO BE NOTICED
represented by JOHN P. SCHERER , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
JOYCE S. RUTLEDGE (See above for address) TERMINATED: 01/17/2006 LEAD ATTORNEY ATTORNEY TO BE NOTICED
THOMAS J. ZIKO (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED

Date Filed 08/25/2004 08/25/2004 08/25/2004 08/25/2004 08/25/2004 09/08/2004 09/13/2004
09/13/2004

# Docket Text
**Case assigned to Magistrate Judge Eliason. AO Code 18AG (N. Dickerson) (Entered: 08/25/2004)
1 VERIFIED COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF AND NOMINAL DAMAGES; Filing Fee $150.00 Receipt #83663 (N. Dickerson) (Entered: 08/25/2004)
2 SUMMONS issued for ALL DEFENDANTS (N. Dickerson) (Entered: 08/27/2004)
Notice of Right to Consent 28 USC 636(c)(2) (N. Dickerson) (Entered: 08/27/2004)
CASE SELECTED FOR MEDIATION (N. Dickerson) (Entered: 08/27/2004)
3 MOTION by ALL DEFENDANTS to Extend Time until 10/24/04 to serve answer or other response to the complaint with consent (J. Wilson) (Entered: 09/09/2004)
4 SUMMONS Returned Executed as to JAMES MOESER, RICHARD T. WILLIAMS, NELSON SCHWAB III, JEAN ALMAND KITCHIN, TIMOTHY B. BURNETT, PHILIP G. CARSON, RUSSELL M. CARTER, JOHN B. ELLISON JR., PAUL FULTON JR., KAROL V. MASON, ROGER L. PERRY SR., A. DONALD STALLINGS, ROBERT W. WINSTON III, JONATHAN CURTIS on 8/25/04 by personal service on Leslie C. Strohm. Answer due on 9/14/04 for JONATHAN CURTIS, for ROBERT W. WINSTON III, for A. DONALD STALLINGS, for ROGER L. PERRY SR., for KAROL V. MASON, for PAUL FULTON for JOHN B. ELLISON JR., for RUSSELL M. CARTER, for PHILIP G. CARSON, for TIMOTHY B. BURNETT, for JEAN ALMAND KITCHIN, for NELSON SCHWAB III, for RICHARD T. WILLIAMS, for JAMES MOESER (N. Dickerson) (Entered: 09/13/2004)
5 SUMMONS Returned Executed as to MOLLY CORBETT BROAD, J. BRADLEY WILSON, J. CRAIG SOUZA, PATSY B. PERRY, BRADLEY T. ADCOCK, G. IRVIN ALDRIDGE, JAMES G. BABB, BRENT D. BARRINGER, J. ADDISON BELL, R. STEVE BOWDEN, F. EDWARD BROADWELL JR., WILLIAM L. BURNS JR., ANNE W. CATES, JOHN F.A.V. CECIL, JOHN W. DAVIS III, RAY S. FARRIS, DUDLEY E. FLOOD, HANNAH D. GAGE, WILLIE J. GILCHRIST, H. FRANK GRAINGER, PETER D. HANS, PETER KEBER, ADELAIDE DANIELS KEY, G. LEROY LAIL, CHARLES H. MERCER JR., CHARLES S. NORWOOD, CARY C. OWEN, JIM W. PHILLIPS JR., GLADYS ASHE ROBINSON, ESTELLE "BUNNY" SANDERS, PRISCILLA P. TAYLOR, ROBERT F. WARWICK, RICHARD T. WILLIAMS, BERT COLLINS executed on 8/25/04 by personal service on Leslie J. Winner.

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09/15/2004 09/17/2004
09/27/2004 10/01/2004 10/05/2004 10/06/2004
10/25/2004 10/25/2004 10/25/2004 10/25/2004 10/25/2004 10/25/2004 10/25/2004 10/25/2004 11/08/2004

Answer due on 9/14/04 for ALL DEFENDANTS, for BERT COLLINS, for RICHARD T. WILLIAMS, for ROBERT F. WARWICK, PRISCILLA P. TAYLOR, for ESTELLE "BUNNY" SANDERS, for ASHE ROBINSON, for JIM W. PHILLIPS JR., for CARY C. OWEN, for CHARLES S. NORWOOD, for CHARLES H. MERCER JR., for G. LEROY LAIL, for ADELAIDE DANIELS KEY, for PETER KEBER, for PETER D. HANS, for H. FRANK GRAINGER, for WILLIE J. GILCHRIST, for HANNAH D. GAGE, for DUDLEY E. FLOOD, for RAY S. FARRIS, for JOHN W. DAVIS III, for JOHN F.A.V. CECIL, ANNE W. CATES, for WILLIAM L. BURNS JR., for F. EDWARD BROADWELL JR., for R. STEVE BOWDEN, for J. ADDISON BELL, for BRENT D. BARRINGER, for JAMES G. BABB, for G. IRVIN ALDRIDGE, for BRADLEY T. ADCOCK, for PATSY B. PERRY, for J. CRAIG SOUZA (N. Dickerson) (Entered: 09/13/2004)
Motion(s) referred: [3−1] motion to Extend Time until 10/24/04 to serve answer or other response to the complaint referred to MAG/JUDGE RUSSELL A. ELIASON (J. Wilson) (Entered: 09/15/2004)
6 ORDER granting [3−1] motion to Extend Time until 10/24/04 to serve answer or other response to the complaint. Setting Answer deadline to 10/24/04 for ALL DEFENDANTS. Signed by MAG/JUDGE RUSSELL A. ELIASON. Ccs. Dist. [EOD Date 9/17/04] (K. Welch) (Entered: 09/17/2004)
7 MOTION (Request) by ALPHA IOTA OMEGA, TREVOR J. HAMM, CARLON D. MYRICK to remove case from mediation (K. Mckenzie) (Entered: 09/28/2004)
Motion(s) referred: [7−1] motion to remove case from mediation referred to MAG/JUDGE RUSSELL A. ELIASON (D. Mccarty) (Entered: 10/01/2004)
8 RESPONSE by ALL DEFENDANTS to [7−1] motion to remove case from mediation by CARLON D. MYRICK, TREVOR J. HAMM, ALPHA IOTA OMEGA (J. Wilson) (Entered: 10/05/2004)
9 ORDER denying [7−1] motion to remove case from mediation without prejudice and their further request that this Court deviate from its normal practice of having a district judge and magistrate judge co−jointly work on this case is likewise denied. Ccs. dist. signed by MAG/JUDGE RUSSELL A. ELIASON [EOD Date 10/6/04] (J. Wilson) (Entered: 10/06/2004)
10 MOTION by ALPHA IOTA OMEGA, TREVOR J. HAMM, CARLON D. MYRICK for Preliminary Injunction (J. Wilson) (Entered: 10/25/2004)
11 BRIEF by ALPHA IOTA OMEGA, TREVOR J. HAMM, CARLON D. MYRICK in support of [10−1] motion for Preliminary Injunction (J. Wilson) (Entered: 10/25/2004)
12 AFFIDAVIT of Stephanie A. Evans by ALPHA IOTA OMEGA, TREVOR J. HAMM, CARLON D. MYRICK Re: [10−1] motion for Preliminary Injunction (J. Wilson) (Entered: 10/25/2004)
13 AFFIDAVIT of Jordan J. Selleck by ALPHA IOTA OMEGA, TREVOR J. HAMM, CARLON D. MYRICK Re: [10−1] motion for Preliminary Injunction (J. Wilson) (Entered: 10/25/2004)
14 AFFIDAVIT of Jordan W. Lorence by ALPHA IOTA OMEGA, TREVOR J. HAMM, CARLON D. MYRICK Re: [10−1] motion for Preliminary Injunction (J. Wilson) (Entered: 10/25/2004)
15 MOTION by ALL DEFENDANTS to Dismiss purs. to Rule 12(b)(1)(2) and (6) FRCP (J. Wilson) (Entered: 10/26/2004)
15 MOTION by ALL DEFENDANTS for stay of discovery pending resolution of motion to dismiss (J. Wilson) (Entered: 10/26/2004)
16 MEMORANDUM by ALL DEFENDANTS in support of [15−1] motion to Dismiss purs. to Rule 12(b)(1)(2) and (6) FRCP (J. Wilson) (Entered: 10/26/2004)
17 MOTION by ALPHA IOTA OMEGA for JORDAN W. LORENCE to Appear Pro Hac Vice (N. Dickerson) Modified on 11/12/2004 (Entered: 11/12/2004)

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11/08/2004 11/15/2004 11/18/2004 11/18/2004 11/18/2004 11/30/2004 11/30/2004 11/30/2004 11/30/2004
12/01/2004 12/01/2004 12/06/2004 01/03/2005
02/16/2005

18 MOTION by ALPHA IOTA OMEGA for JOSHUA W. CARDEN to Appear Pro Hac Vice (N. Dickerson) (Entered: 11/12/2004)
19 MEMORANDUM IN OPPOSITION w/affidavits attached by ALL DEFENDANTS to [10−1] motion for Preliminary Injunction by CARLON D. MYRICK, TREVOR J. HAMM, ALPHA IOTA OMEGA (J. Wilson) (Entered: 11/16/2004)
20 MOTION by ALPHA IOTA OMEGA, TREVOR J. HAMM, CARLON D. MYRICK for oral argument (J. Wilson) (Entered: 11/19/2004)
21 BRIEF IN OPPOSITION by ALPHA IOTA OMEGA, TREVOR J. HAMM, CARLON D. MYRICK to [15−1] motion to Dismiss purs. to Rule 12(b)(1)(2) and (6) FRCP by ALL DEFENDANTS (J. Wilson) (Entered: 11/19/2004)
22 AFFIDAVIT of David O. Rutledge by ALPHA IOTA OMEGA, TREVOR J. HAMM, CARLON D. MYRICK Re: [10−1] motion for Preliminary Injunction (J. Wilson) (Entered: 11/19/2004)
23 REPLY BRIEF by ALPHA IOTA OMEGA, TREVOR J. HAMM, CARLON D. MYRICK to response to [10−1] motion for Preliminary Injunction by CARLON D. MYRICK, TREVOR J. HAMM, ALPHA IOTA OMEGA (K. Welch) (Entered: 11/30/2004)
24 SECOND AFFIDAVIT of JORDAN W. LORENCE in support of [10−1] motion for Preliminary Injunction by CARLON D. MYRICK, TREVOR J. HAMM, ALPHA IOTA OMEGA (K. Welch) (Entered: 11/30/2004)
Motion submission: [17−1] motion for JORDAN W. LORENCE to Appear Pro Hac Vice submitted, [18−1] motion for JOSHUA W. CARDEN to Appear Pro Hac Vice submitted to Judge Bullock (D. Mccarty) (Entered: 11/30/2004)
Motion submission: [10−1] motion for Preliminary Injunction submitted, [15−1] motion for stay of discovery pending resolution of motion to dismiss submitted, [15−1] motion to Dismiss purs. to Rule 12(b)(1)(2) and (6) FRCP submitted, [20−1] motion for oral argument submitted to Judge Bullock (D. Mccarty) (Entered: 11/30/2004)
25 ORDER granting [17−1] motion for JORDAN W. LORENCE to Appear Pro Hac Vice signed by JUDGE FRANK W. BULLOCK JR. Ccs. dist.[EOD Date 12/1/04] (J. Wilson) (Entered: 12/01/2004)
26 ORDER granting [18−1] motion for JOSHUA W. CARDEN to Appear Pro Hac Vice signed by JUDGE FRANK W. BULLOCK JR. Ccs. dist.[EOD Date 12/1/04] (J. Wilson) (Entered: 12/01/2004)
27 REPLY by ALL DEFENDANTS to response to [15−1] motion to Dismiss purs. to Rule 12(b)(1)(2) and (6) FRCP by ALL DEFENDANTS (J. Wilson) (Entered: 12/07/2004)
28 NOTICE of Hearing: Motion Hearing set for 2:00 2/16/05 in GREENSBORO #3 COURTROOM for [20−1] motion for oral argument, set for 2:00 2/16/05 in GREENSBORO #3 COURTROOM for [10−1] motion for Preliminary Injunction, set for 2:00 2/16/05 in GREENSBORO #3 COURTROOM for [15−1] motion for stay of discovery pending resolution of motion to dismiss, set for 2:00 2/16/05 in GREENSBORO #3 COURTROOM for [15−1] motion to Dismiss purs. to Rule 12(b)(1)(2) and (6) FRCP ( before JUDGE FRANK W. BULLOCK JR. ) (D. Mccarty) (Entered: 01/04/2005)
Motion hearing held re: [15−1] motion to Dismiss purs. to Rule 12(b)(1)(2) and (6) FRCP by ALL DEFENDANTS, [15−1] motion for stay of discovery pending resolution of motion to dismiss by ALL DEFENDANTS, [10−1] motion for Preliminary Injunction by CARLON D. MYRICK, TREVOR J. HAMM, ALPHA IOTA OMEGA, [20−1] motion for oral argument by CARLON D. MYRICK, TREVOR J. HAMM, ALPHA IOTA OMEGA before USDJ Frank W. Bullock, Jr., in GSO; Snyder court reporter. Motion to dismiss denied. Parties to prepare proposed consent order by 2/28/2005. (D. Mccarty) (Entered: 02/17/2005)

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02/16/2005 03/02/2005 03/11/2005 03/11/2005
03/11/2005 03/16/2005
03/31/2005 04/18/2005 04/26/2005 04/28/2005
04/28/2005

Minute entry: denying [15−1] motion to Dismiss purs. to Rule 12(b)(1)(2) and (6) FRCP, mooting [15−1] motion for stay of discovery pending resolution of motion to dismiss, granting [20−1] motion for oral argument [EOD Date 2/17/05] (D. Mccarty) (Entered: 02/17/2005)
29 ORDER and PRELIMINARY INJUNCTION granting 10 Motion for Preliminary Injunction, pending resolution of this case by a trial on the merits, or otherwise signed by Judge FRANK W. BULLOCK JR. on 3/2/05. (Wilson, JoAnne) (Entered: 03/02/2005)
30 MOTION to postpone deadline for filing application for attorneys fees by ALPHA IOTA OMEGA CHRISTIAN FRATERNITY, TREVOR J. HAMM, CARLON D. MYRICK. Responses due by 4/1/2005 (Wilson, JoAnne) (Entered: 03/14/2005)
31 ANSWER to Complaint by RUSSELL M. CARTER, JOHN B. ELLISON, JR, PAUL FULTON, JR, KAROL V. MASON, ROGER L. PERRY, SR, A. DONALD STALLINGS, ROBERT W. WINSTON, III, JONATHAN CURTIS, MOLLY CORBETT BROAD, J. BRADLEY WILSON, J. CRAIG SOUZA, PATSY B. PERRY, BRADLEY T. ADCOCK, G. IRVIN ALDRIDGE, JAMES G. BABB, BRENT D. BARRINGER, J. ADDISON BELL, R. STEVE BOWDEN, F. EDWARD BROADWELL, JR, WILLIAM L. BURNS, JR, ANNE W. CATES, JOHN F.A.V. CECIL, JOHN W. DAVIS, III, RAY S. FARRIS, DUDLEY E. FLOOD, HANNAH D. GAGE, WILLIE J. GILCHRIST, H. FRANK GRAINGER, PETER D. HANS, PETER KEBER, ADELAIDE DANIELS KEY, G. LEROY LAIL, CHARLES H. MERCER, JR, CHARLES S. NORWOOD, CARY C. OWEN, JIM W. PHILLIPS, JR, GLADYS ASHE ROBINSON, ESTELLE "BUNNYSANDERS, PRISCILLA P. TAYLOR, ROBERT F. WARWICK, JAMES MOESER, RICHARD T. WILLIAMS, BERT COLLINS, ALL DEFENDANTS, RICHARD T. WILLIAMS, NELSON SCHWAB, III, JEAN ALMAND KITCHIN, TIMOTHY B. BURNETT, PHILIP G. CARSON.(Wilson, JoAnne) (Entered: 03/15/2005)
Case At Issue (Wilson, JoAnne) (Entered: 03/15/2005)
32 ORDER Granting 30 MOTION to postpone deadline for filing application for attorneys fees filed by ALPHA IOTA OMEGA CHRISTIAN FRATERNITY, TREVOR J.HAMM, CARLON D. MYRICK is postponed until 60 days after the expiration of any time period for appeals, or, if the decision is appealed, until 60 days after all appeals are completed in this case, whichever is later. "Appeals" include the time period to file a petition for a writ of certiorari to the U.S. Supreme Court, and resolution of the case at the U.S. Supreme Court, whichever is latersigned by Judge FRANK W. BULLOCK JR. on 3/16/05. (Wilson, JoAnne) (Entered: 03/18/2005)
33 NOTICE of Hearing:Initial Pretrial Conference set for 5/5/2005 02:00 PM in Winston−Salem Courtroom #3 before MAG/JUDGE RUSSELL A. ELIASON. (Williamson, Wanda) (Entered: 03/31/2005)
34 NOTICE of Hearing: Status Conference set for 5/5/2005 10:00 AM in Greensboro Courtroom #3 before JUDGE FRANK W. BULLOCK JR.. (McCarty, Dianne) (Entered: 04/18/2005)
35 APPLICATION AND ORDER for JEFFREY A. SHAFER to appear Pro Hac Vice by ALPHA IOTA OMEGA CHRISTIAN FRATERNITY, CARLON D. MYRICK. (Wilson, JoAnne) (Entered: 04/28/2005)
36 Rule 26(f) Report (Joint) filed by all parties by RUSSELL M. CARTER, JOHN B. ELLISON, JR, JONATHAN CURTIS, MOLLY CORBETT BROAD, ALPHA IOTA OMEGA CHRISTIAN FRATERNITY, BRADLEY T. ADCOCK, G. IRVIN ALDRIDGE, JAMES G. BABB, BRENT D. BARRINGER, J. ADDISON BELL, R. STEVE BOWDEN, F. EDWARD BROADWELL, JR, WILLIAM L. BURNS, JR, ANNE W. CATES, JOHN F.A.V. CECIL, JOHN W. DAVIS, III, RAY S. FARRIS, BERT COLLINS, ALL DEFENDANTS, TIMOTHY B. BURNETT, PHILIP G. CARSON. (Wilson, JoAnne) (Entered: 04/28/2005)
MOTIONS 36 Rule 26(f) Report (Joint) filed by all parties REFERRED to Mag/Judge Eliason. (Williamson, Wanda) (Entered: 04/28/2005)

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05/02/2005 05/05/2005 05/05/2005 05/05/2005
05/12/2005 05/25/2005 05/25/2005 06/07/2005 06/14/2005 06/20/2005 06/20/2005
07/05/2005 07/12/2005
07/12/2005
07/12/2005

37 ORDER Granting 35 Motion for Pro Hac Vice Admission signed by Judge FRANK W. BULLOCK JR. on 5/2/05. (Wilson, JoAnne) (Entered: 05/03/2005)
Minute Entry for proceedings held before Judge FRANK W. BULLOCK JR.: Status Hearing held on 5/5/2005. (Court Reporter JoAnn Snyder.) (McCarty, Dianne) (Entered: 05/05/2005)
Minute Entry for proceedings held before Judge RUSSELL A. ELIASON : Initial Pretrial Conference held on 5/5/2005. The court approved the parties Jt. Rule 26(f) Report. (Court Reporter Jane Calhoun.) (Williamson, Wanda) (Entered: 05/05/2005)
38 RULE 26F ORDER (JOINT) signed by Mag/Judge RUSSELL A. ELIASON that Plaintiffs Amended Pleadings due by 6/9/2005. Defendants Amended Pleadings due by 6/23/2005. Discovery due by 9/30/2005. Joinder of Parties for Plaintiff due by 6/9/2005. Joinder of Parties for Defendant due by 6/23/2005.on 5/5/05. (Wilson, JoAnne) (Entered: 05/05/2005)
MEDIATION Hearing set for no later than 9/30/2005. The parties to agree on a mediator by 6/5/2005. (Gammon, Cheryl) (Entered: 05/12/2005)
39 SECOND MOTION to Dismiss and Suggestion of Mootness by ALL DEFENDANTS. Responses due by 6/17/2005 (Wilson, JoAnne) (Entered: 05/26/2005)
40 MEMORANDUM OF LAW re 39 MOTION to Dismiss by Defendant ALL DEFENDANTS. (Wilson, JoAnne) Modified on 6/16/2005 request pages 2−3 be replaced due to clerical error by defts (Wilson, JoAnne). (Entered: 05/26/2005)
41 MOTION to Withdraw as Attorney Joshua W. Carden by ALPHA IOTA OMEGA CHRISTIAN FRATERNITY. Responses due by 6/30/2005 (Wilson, JoAnne) (Entered: 06/09/2005)
42 ORDER Granting 41 Motion to Withdraw as Attorney signed by Judge FRANK W. BULLOCK JR. on 7/14/05. (Wilson, JoAnne) (Entered: 06/16/2005)
43 OPPOSITION filed by Plaintiffs ALPHA IOTA OMEGA CHRISTIAN FRATERNITY, TREVOR J. HAMM, CARLON D. MYRICK re 39 MOTION to Dismiss filed by ALL DEFENDANTS. Replies due by 7/5/2005. (Wilson, JoAnne) (Entered: 06/22/2005)
44 MOTION for Leave to file Amended Complaint by ALPHA IOTA OMEGA CHRISTIAN FRATERNITY, TREVOR J. HAMM, CARLON D. MYRICK. Responses due by 7/13/2005. (Attachments: # 1 Exhibit 1# 2 Exhibit 2# 3 Exhibit 3# 4 Exhibit 4# 5 Exhibit 5# 6 Exhibit 6# 7 Exhibit 7# 8 Exhibit 8# 9 Exhibit 9)(Wilson, JoAnne) (Entered: 06/22/2005)
45 REPLY, filed by Defendant ALL DEFENDANTS, to Response to 39 MOTION to Dismiss, Response to 44 MOTION for Leave file amended complaint (Wilson, JoAnne) (Entered: 07/07/2005)
46 MOTION for Extension of Time to File Response/Reply as to 44 MOTION for Leave to amend complaint by Attorney JEFFREY A. SHAFER on behalf of Plaintiffs ALPHA IOTA OMEGA CHRISTIAN FRATERNITY, TREVOR J. HAMM, CARLON D. MYRICK (Attachments: # 1 Text of Proposed Order)(SHAFER, JEFFREY) (Entered: 07/12/2005)
47 MOTION for Leave to File Excess Pages of reply memorandum in support of motion for leave to file amended complaint by Attorney JEFFREY A. SHAFER on behalf of Plaintiffs ALPHA IOTA OMEGA CHRISTIAN FRATERNITY, TREVOR J. HAMM, CARLON D. MYRICK (Attachments: # 1 Text of Proposed Order)(SHAFER, JEFFREY) (Entered: 07/12/2005)
48 MOTION for Extension of Time to File Response/Reply as to 44 MOTION for Leave to file reply memorandum in support of motion for leave to file amended complaint by Attorney JEFFREY A. SHAFER on behalf of Plaintiffs ALPHA IOTA OMEGA CHRISTIAN FRATERNITY, TREVOR J. HAMM, CARLON D. MYRICK (Attachments: # 1 Text of Proposed Order)(SHAFER, JEFFREY) (Entered: 07/12/2005)

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07/12/2005
07/14/2005
07/20/2005 07/29/2005
09/02/2005 10/24/2005 12/13/2005 12/14/2005
01/10/2006 01/11/2006 01/11/2006 01/11/2006 01/13/2006 01/13/2006 01/17/2006 01/17/2006

49 MOTION for Leave to File Excess Pages for reply memorandum in support of motion for leave to file amended complaint by Attorney JEFFREY A. SHAFER on behalf of Plaintiffs ALPHA IOTA OMEGA CHRISTIAN FRATERNITY, TREVOR J. HAMM, CARLON D. MYRICK (Attachments: # 1 Text of Proposed Order)(SHAFER, JEFFREY) (Entered: 07/12/2005)
50 ORDER signed by Judge FRANK W. BULLOCK JR. that Pltfs shall file any reply memorandum not to exceed twenty (20) pages in reply to Defts' response to Pltfs' motion to amend their complaint in the office of the Clerk of this court no later than 7/29/05. Replies due by 7/29/2005. on 7/14/05. (Wilson, JoAnne) (Entered: 07/14/2005)
51 NOTICE of Hearing: Bench Trial set for 4/3/2006 09:30 AM.(McCarty, Dianne) (Entered: 07/20/2005)
52 REPLY, filed by Plaintiffs ALPHA IOTA OMEGA CHRISTIAN FRATERNITY, TREVOR J. HAMM, CARLON D. MYRICK, to Response to 44 MOTION for Leave to File Amended Complaint filed by ALPHA IOTA OMEGA CHRISTIAN FRATERNITY, TREVOR J. HAMM, CARLON D. MYRICK. (SHAFER, JEFFREY) (Entered: 07/29/2005)
53 Letter to counsel requesting the status of their selection of a mediator. Re: LR 83.10d(a). (Gammon, Cheryl) (Entered: 09/02/2005)
54 Suggestion of Subsequently Decided Authority re 52 Reply to Response to Motion, Motion to Amend Complaint by Plaintiffs ALPHA IOTA OMEGA CHRISTIAN FRATERNITY, TREVOR J. HAMM, CARLON D. MYRICK. (Attachments: # 1 Supplement Subsequent Authority)(SHAFER, JEFFREY) (Entered: 10/24/2005)
Telephone Notice to Atty. Robert Schmidt re: status of mediation.(Gammon, Cheryl) (Entered: 12/13/2005)
Telephone Notice from Atty. Jordon Lawrence − Motion to Dismiss is pending. Parties have not conducted discovery or moved forward on any of the matters addressed in the scheduling order because of the pending motion to dismiss. Whether the Court grants or denies the motion to dismiss will have significant bearing on whether the parties advance to discovery, and, if necessary, use a mediator. (Gammon, Cheryl) Modified on 12/16/2005 (Gammon, Cheryl). (Entered: 12/14/2005)
55 MOTION for Pro Hac Vice Admission by ALPHA IOTA OMEGA CHRISTIAN FRATERNITY, TREVOR J. HAMM, CARLON D. MYRICK. Responses due by 2/2/2006 (SCHMIDT, ROBERT) (Entered: 01/10/2006)
56 MOTION to Withdraw as Attorney JOYCE S. RUTLEDGE by on behalf of JAMES MOESER. (Attachments: # 1 Text of Proposed Order Order Permitting Joyce S. Rutledge to Withdraw)(RUTLEDGE, JOYCE) (Entered: 01/11/2006)
NOTICE TO FILER OF DEFICIENCIES IN ELECTRONICALLY FILED DOCUMENT(S) re 55 MOTION for Pro Hac Vice Admission. Improper format. Document to be resubmitted in proper format. (Wilson, JoAnne) (Entered: 01/11/2006)
57 MOTION for Pro Hac Vice Admission by ALPHA IOTA OMEGA CHRISTIAN FRATERNITY, TREVOR J. HAMM, CARLON D. MYRICK. Responses due by 2/3/2006 (Attachments: # 1 Text of Proposed Order)(SCHMIDT, ROBERT) (Entered: 01/11/2006)
***Motions Submitted: 57 MOTION for Pro Hac Vice Admission, 56 MOTION to Withdraw as Attorney JOYCE S. RUTLEDGE to Judge FRANK W. BULLOCK JR.− (McCarty, Dianne) (Entered: 01/13/2006)
***Motion #55 terminated (McCarty, Dianne) (Entered: 01/13/2006)
58 ORDER signed by Judge FRANK W. BULLOCK JR. on 1/17/06 Granting 56 Motion to Withdraw as Attorney. (Wilson, JoAnne) (Entered: 01/18/2006)
59 ORDER signed by Judge FRANK W. BULLOCK on 1/17/06 Granting 57 Motion for Pro Hac Vice Admission . (Wilson, JoAnne) (Entered: 01/18/2006)

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02/01/2006 02/01/2006 02/24/2006 02/28/2006 03/07/2006
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60 NOTICE of Hearing: Status Conference set for 2/28/2006 02:30 PM in Greensboro Courtroom #3 before JUDGE FRANK W. BULLOCK JR.. (McCarty, Dianne) (Entered: 02/01/2006)
61 NOTICE of Trial Calendar Bench Trial set for 4/3/2006 09:30 AM in Greensboro Courtroom #2 before CHIEF JUDGE N. C. TILLEY JR. (McCarty, Dianne) (Entered: 02/01/2006)
Telephone Notice to/from Atty. Robert Schmidt re: mediation − Parties still have not conducted discovery or moved forward with mediation because of pending motion to dismiss. (Gammon, Cheryl) (Entered: 02/24/2006)
Minute Entry for proceedings held before Judge FRANK W. BULLOCK JR. Motion Hearing held on 2/28/2006 re 39 MOTION to Dismiss filed by ALL DEFENDANTS, 44 MOTION for Leave filed by ALPHA IOTA OMEGA CHRISTIAN FRATERNITY, TREVOR J. HAMM, CARLON D. MYRICK. Court will enter written order within the next 30 days. Case comes off the April 2006 master calendar (Court Reporter JoAnn Snyder.) (McCarty, Dianne) (Entered: 03/01/2006)
62 AFFIDAVIT of Jonathan Curtis re 39 MOTION to Dismiss and Suggestion of Mootness filed by Defendants RUSSELL M. CARTER, JOHN B. ELLISON, JR, PAUL FULTON, JR, KAROL V. MASON, ROGER L. PERRY, SR, A. DONALD STALLINGS, ROBERT W. WINSTON, III, JONATHAN CURTIS, MOLLY CORBETT BROAD, J. BRADLEY WILSON, J. CRAIG SOUZA, PATSY B. PERRY, BRADLEY T. ADCOCK, G. IRVIN ALDRIDGE, JAMES G. BABB, BRENT D. BARRINGER, J. ADDISON BELL, R. STEVE BOWDEN, F. EDWARD BROADWELL, JR, WILLIAM L. BURNS, JR, ANNE W. CATES, JOHN F.A.V. CECIL, JOHN W. DAVIS, III, RAY S. FARRIS, DUDLEY E. FLOOD, HANNAH D. GAGE, WILLIE J. GILCHRIST, H. FRANK GRAINGER, PETER D. HANS, PETER KEBER, ADELAIDE DANIELS KEY, G. LEROY LAIL, CHARLES H. MERCER, JR, CHARLES S. NORWOOD, CARY C. OWEN, JIM W. PHILLIPS, JR, GLADYS ASHE ROBINSON, ESTELLE "BUNNYSANDERS, PRISCILLA P. TAYLOR, ROBERT F. WARWICK, JAMES MOESER, RICHARD T. WILLIAMS, BERT COLLINS, ALL DEFENDANTS, RICHARD T. WILLIAMS, NELSON SCHWAB, III, JEAN ALMAND KITCHIN, TIMOTHY B. BURNETT, PHILIP G. CARSON. (Attachments: # 1 Exhibit Exhibit A 2005−2006 Official University Recognition Agreement for UNC−CH Student Co−Curricular Organizations# 2 Exhibit Exhibit B −− AIO Statement and Reservation of Rights# 3 Exhibit Exhibit C −− UNC−CH Official Notice of Recognition of AIO# 4 Exhibit Exhibit D −− UNC−CH General Ledger Report for AIO# 5 Exhibit Exhibit E −− AIO's Requests for Meeting Space)(ZIKO, THOMAS) (Entered: 03/07/2006)
63 MEMORANDUM OPINION signed by Judge FRANK W. BULLOCK JR. on 5/4/06. Re: Defendants' Second Motion to Dismiss Complaint and Suggestion of Mootness (filed May 25, 2005) and Plaintiffs' Motion for Leave to File Amended Complaint(filed June 20, 2005). An order in accordance with this memorandum opinion shall be entered contemporaneously herewith.(Welch, Kelly) Additional attachment(s) added on 5/18/2006 (Sharp, Jim). (Entered: 05/04/2006)
64 ORDER signed by Judge FRANK W. BULLOCK JR. on 5/4/06, for the reasons set forth in the memorandum opinion filed contemporaneously herewith, Plaintiffs' Motion for Leave to File Amended Complaint [Doc. #44] is DENIED. FURTHER that Defendants' Second Motion to Dismiss and Suggestion of Mootness [Doc. #39] is GRANTED, and this action is DISMISSED. The parties shall bear their owncosts. (Welch, Kelly) (Entered: 05/04/2006)
65 MOTION FOR RECONSIDERATION, CORRECTION OR AMENDMENT by ALPHA IOTA OMEGA CHRISTIAN FRATERNITY, TREVOR J. HAMM, CARLON D. MYRICK. Responses due by 5/25/2006 (SHAFER, JEFFREY) Modified on 5/17/2006 to accurately reflect title of document (Wilson, JoAnne). (Entered: 05/15/2006)
66 Memorandum in Support by ALPHA IOTA OMEGA CHRISTIAN FRATERNITY, TREVOR J. HAMM, CARLON D. MYRICK. Responses due by 5/25/2006 (SHAFER, JEFFREY) Modified on 6/19/2006 (McCarty, Dianne).

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05/15/2006 05/22/2006 06/06/2006

(Entered: 05/15/2006)
NOTICE of Docket Text/Event Modification re 66 MOTION to Amend/Correct Opinion and Order with Memorandum in Support: to accurately reflect title of document. (Wilson, JoAnne) (Entered: 05/17/2006)
67 TRANSCRIPT STATUS CONFERENCE AND ORAL ARGUMENT ON DEFENDANT'S MOTION TO DISMISS AND PLAINTIFF'S MOTION TO AMEND for dates of 2/28/06 before Judge Frank W. Bullock, Jr., in Greensboro, NC; Court Reporter: Jo Ann M. Snyder. (Wilson, JoAnne) (Entered: 05/22/2006)
68 ORDER denying 65 Motion to Amend/Correct signed by Judge FRANK W. BULLOCK JR. on 6/6/06. (Wilson, JoAnne) (Entered: 06/06/2006)

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