Risk Management

Tau Kappa Epsilon is concerned for the health and safety of our members. Our risk management guidelines are designed to help reduce risks, realizing that risk cannot be eliminated; it has to be managed and controlled.

Greek Anti-Hazing

As part of the ongoing attempt to end hazing on college campuses and particularly within Greek organizations, 21 international fraternities and sororities have joined together to establish a Greek Anti-Hazing Hotline. The toll-free number is 1-888-NOT-HAZE (1-888-668-4293). The line is available to those who think they, or students they know, have been or may become victims of hazing. Callers may remain anonymous or they can provide personal information so that their concerns can be responded to directly.

The Hotline connects to a dedicated Voice Mailbox at the Cincinnati law firm of Manley Burke, the publisher of Fraternal Law. Manley Burke will monitor the Hotline on a daily basis and will forward all messages to the appropriate fraternal organization, along with the hazing laws from the relevant jurisdictions.  In states in which the law requires notification of other authorities, this will be done. A hazing alert for an organization not a sponsor will be handled as though that organization were a sponsor. A voluntary invoice will be sent to cover costs.

“Fraternities and sororities take hazing very seriously and have worked hard to see that hazing is eliminated,” said Tim Burke, the President of Manley Burke. “They recognize that too many people have been hurt or died as a result of hazing incidents and that today more than 45 states make hazing a crime.

The Hotline is a crucial new tool for Greek organizations to use to fight hazing. The 21 founding sponsors, which represent in excess of 35% of all fraternity and sorority members, invite other fraternities and sororities to join as official sponsors of the Greek Anti-Hazing Hotline.  For more information, please contact Dan McCarthy at Manley Burke at (513) 721-5525

The Anti-Hazing Hotline is a crucial new tool for Greek organizations to use to fight hazing. The 21 founding sponsors, who represent in excess of 35% of all fraternity and sorority members, have invited other fraternities and sororities to join as official sponsors of the Greek Anti-Hazing Hotline. For more information, please contact Dan McCarthy at Manley Burke at 513-721-5525.

Risk Management Guidelines

The Risk Management Guidelines of Tau Kappa Epsilon includes the provisions, which follow and shall apply to all Fraternity entities and all levels of Fraternity membership.

These guidelines were developed as a baseline for the Risk Management decision-making process. In the event that any local, state, or federal law or student code of conduct prescribe more stringent requirements or guidelines, it is the member’s responsibility to know those requirements and to follow them.

Risk Management Education

Effective as of October 16, 2018

We also require each new candidate to participate in our Risk Management Education course. Each candidate must click the Validation Email they receive and create a username and password. Afterwards, they must log in to TKE’s eLearning system and complete the Risk Management Education course. The course includes videos and an assessment of the knowledge gained through this course.

To view the new Risk Management Education course, please visit edu.tke.org.

ALCOHOL AND DRUGS

1. The possession, sale, use or consumption of ALCOHOLIC BEVERAGES, while on chapter premises or during a fraternity event, in any situation sponsored or endorsed by the chapter, or at any event an observer would associate with the fraternity, must be in compliance with any and all applicable laws of the state, province, county, city and institution of higher education, and must comply with either the BYOB or Third Party Vendor Guidelines.
2. No alcoholic beverages may be purchased through or with chapter funds nor may the purchase of same for members or guests be undertaken or coordinated by any member in the name of or on behalf of the chapter. The purchase or use of a bulk quantity or common source(s) of alcoholic beverage, for example, kegs or cases, is prohibited.
3. OPEN PARTIES, meaning those with unrestricted access by non-members of the fraternity, without specific invitation, where alcohol is present, are forbidden.
4. No members, collectively or individually, shall purchase for, serve to, or sell alcoholic beverages to any minor (i.e., those under legal drinking age).
5. The possession, sale or use of any ILLEGAL DRUGS or CONTROLLED SUBSTANCES while on chapter premises or during a fraternity event or at any event that an observer would associate with the fraternity is strictly prohibited.
6. No chapter may co-sponsor an event with an alcohol distributor or tavern (tavern defined as an establishment generating more than half of annual gross sales from alcohol) at which alcohol is given away, sold or otherwise provided to those present. This includes any event held in, at or on the property of a tavern as defined above for purposes of fundraising. However, a chapter may rent or use a room or area in a tavern as defined above for a closed event held within the provisions of this policy, including the use of a third party vendor and guest list. An event at which alcohol is present may be conducted or co-sponsored with a charitable organization if the event is held within the provisions of this policy.
7. No chapter may co-sponsor, co-finance or attend or participate in a function at which alcohol is purchased by any of the host chapters, groups or organizations.
8. All recruitment or rush activities associated with any chapter will be non-alcoholic. No recruitment or rush activities associated with any chapter may be held at or in conjunction with a tavern or alcohol distributor as defined in this policy.
9. No member or pledge, associate/new member or novice shall permit, tolerate, encourage or participate in "drinking games”. The definition of drinking games includes but is not limited to the consumption of shots of alcohol, liquor or alcoholic beverages, the practice of consuming shots equating to one’s age, “beer pong”, “century club”, “dares” or any other activity involving the consumption of alcohol which involves duress or encouragement related to the consumption of alcohol.
10. No alcohol shall be present at any pledge/associate member/new member/novice program, activity or ritual of the chapter. This includes but is not limited to activities associated with “bid night”, “big brother/big sister night” and initiation.

BAN ON HARD ALCOHOL

Beginning on January 1, 2019, there is a ban on the possession and/or consumption of “hard alcohol” while on chapter property. “Hard alcohol” is defined as any beverage more than 15 percent alcohol by volume or 30-proof.

The term "property" for purposes of this policy means a premises, residence, domicile, or facility, further defined below:

• House – this is a property owned by a TKE entity leased to a TKE entity that includes sleeping quarters
• Rental – this is a residential property owned by a 3rd party leased to a TKE entity
• Univ. House – this is a University owned property leased to a TKE entity (could also be a Univ. Lodge or Univ. Dorm)
• LL/Rental – this is a property owned by a TKE entity leased to a 3rd party (possibly another Greek group, University or student housing)
• Lodge – this is a property owned by a TKE entity leased to a TKE entity with NO sleeping quarters

The term “TKE entity” for purposes of this policy means Tau Kappa Epsilon, Inc., or insured “Chapters”, “Emerging Chapters”, “Housing Organizations”, or “Alumni Organizations,” but (a) only while acting in accordance with Tau Kappa Epsilon, Inc.’s policies and procedures, and (b) only while acting in their official capacity, and (c) only while acting within the scope of their duties, and (d) only with respect to their liability for activities performed by them on behalf of the Tau Kappa Epsilon, Inc., or of insured “Chapters”, “Emerging Chapters”, “Housing Organizations”, or “Alumni Organizations.”

HAZING

No chapter, emerging chapter, student or alumnus shall conduct nor condone hazing activities. Hazing activities are defined as: "Any action taken or situation created, intentionally, whether on or off fraternity premises, to produce mental or physical discomfort, embarrassment, harassment, or ridicule. Such activities may include but are not limited to the following: use of alcohol; paddling in any form; creation of excessive fatigue; physical and psychological shocks; quests, treasure hunts, scavenger hunts, road trips or any other such activities carried on outside or inside of the confines of the chapter house; wearing of public apparel which is conspicuous and not normally in good taste; engaging in public stunts and buffoonery; morally degrading or humiliating games and activities; and any other activities which are not consistent with academic achievement, fraternal law, ritual or policy or the regulations and policies of the educational institution or applicable state law."

SEXUAL MISCONDUCT

Tau Kappa Epsilon does not tolerate or condone any form of sexual misconduct on the part of its members, whether physical, mental or emotional.

SEXUAL MISCONDUCT INCLUDES, BUT IS NOT LIMITED TO:

1. Sexual Harassment
2. The possession, or use, of any “rape drug” with the intent to participate in non-consensual sexual activity.
3. The use or distribution of alcohol with the intent to participate in non-consensual sexual activity.
4. Non-Consensual Sexual Contact (or attempts to commit same)
5. Non-Consensual Sexual Intercourse (or attempts to commit same)
6. Sexual Exploitation

Tau Kappa Epsilon defines consent in the following way:

Consent is clear, knowing and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) sexual activity.

In addition, Tau Kappa Epsilon recognizes that:

1. Consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity.
2. Previous relationships or prior consent cannot imply consent to future sexual acts.
3. The use of, or threat of, force cannot be used to gain consent.
4. In order to give or receive consent, an individual must be of the age of consent as defined by law.
5. In order to give or receive consent, an individual must not be either mentally or physical incapacitated.
6. Consent can be withdrawn at any time during the course of sexual activity.

While Tau Kappa Epsilon takes all allegations of sexual misconduct seriously and works to investigate and remedy any such conduct, the fraternity encourages all reporting parties to contact their local public safety office.

FIRE, HEALTH AND SAFETY

1. All chapter houses should meet all local fire and health codes and standards.
2. All chapters should post by common phones and in other locations emergency numbers for fire, police and ambulance and should have posted evacuation routes on the back of the door of each sleeping room.
3. All chapters should comply with engineering recommendations as reported by the insurance company or municipal authorities.
4. Candles should not be used in chapter houses or individual rooms except under controlled circumstances such as initiation.

POLICY ON FIREARMS, EXPLOSIVES AND INCENDIARY DEVICES

The possession and/or use of firearms, explosives, and/or incendiary devices at the Chapter house, on any Chapter or General Fraternity property (or property that could reasonably be considered a “Chapter house” or “Chapter facility”) or at any Chapter or General Fraternity function is strictly prohibited. In addition, if any individual Member or Members should possess and/or use firearms, explosives, or incendiary devices at any individually-initiated activity that is not on Chapter or General Fraternity property and could in no way be considered a Chapter or General Fraternity-sponsored event or function, possession or use of these devices by the Members involved is not dis-allowed under our Laws but must be in accordance with state, local, and federal laws.

New Member Bill of Rights

• To be treated as an individual
• To be treated with respect
• To be treated, and expect to act, as a mature person
• To be fully informed about the recruitment process
• To be fully informed about the binding agreements entered into when joining the Fraternity
• To ask questions and receive true and objective answers
• To make one’s own choices and decisions and accept full responsibility for the results of those decisions
• To be a student first and foremost in order to fulfill academic obligations
• To have a positive, safe and enriching new member experience
• To a new member experience that does not require the violation of laws of the individual’s country, state, religion or Fraternity
• To express opinions
• To make informed choices without undue pressure from others

Alcohol Guidelines - BYOB Events

Download TKE's Alcohol Guidelines - BYOB Events.

Alcohol Guidelines - Third Party Vendor Events

Download TKE's Alcohol Guidelines - Third Party Vendor Events.

TKE Membership Terms & Conditions

Tau Kappa Epsilon Fraternity was founded on three essential elements of true brotherhood; love, charity, and esteem.  Through these founding elements, the Fraternity strives to instill each in our members to furthermore build a better man, for a better world.  Listed below are the terms and conditions to membership in Tau Kappa Epsilon which every member will agree to follow and abide by.  In addition, every chapter of TKE is to uphold and adopt these terms and conditions in accordance with their recognition by Tau Kappa Epsilon International Fraternity. 

I agree to:

1. Be in full compliance with the Constitution and Bylaws of Tau Kappa Epsilon Fraternity (The Black Book), the bylaws of my affiliated chapter, the rules and regulations of my institution, the policies and guidelines of TKE, the minimum standards of TKE, and any and all state, city, or county statutes or ordinances.
2. Be responsible for my own actions and not to engage in any conduct that could harm individuals in my local chapter, the Fraternity, or the general public.
3. To fully participating in all regularly scheduled meetings, ritual meetings as my membership status permits, recruitment activities, and all required chapter functions. 
4. Keeping in confidence the business and rituals of Tau Kappa Epsilon Fraternity.
5. Being financially responsible and meeting all financial obligations in a prompt manner, upholding the Fraternity’s 30-60-90 day notification policy for the payment of delinquent accounts, making it a top priority to alert the chapter executive board and advisors if I need to make a payment plan in order to fulfill all financial obligations to the Fraternity, and if needed, I agree to letting the chapter release information regarding financial obligations to my parents and collection agencies.
6. Personally acting, and making sure my chapter acts, in direct accordance, at all times, with the Risk Management Guidelines & Alcohol Guidelines of TKE.
7. Treating myself and others with respect and will refrain from engaging in any form of disrespectful behavior or hazing whatsoever including the act of knowing about hazing and doing nothing to prevent it from occurring.
8. To fully adhering, and doing everything in my power to insure my chapter adheres to Tau Kappa Epsilon’s strict statement against hazing found in the Risk Management Guidelines.
   

Report a Risk Management Concern

Tau Kappa Epsilon from its inception has aimed to foster a culture and environment which instills positive values and purpose in its members, in order to make a meaningful difference. We believe that by building better men they will in turn build a better campus, community and ultimately a better world.

Tau Kappa Epsilon emphasizes core values such as integrity, honesty and patience, and is committed to teaching these values to our members.

If you have any concerns or questions regarding the practices of a TKE chapter being compatible with that of the International Fraternity, please direct them to Greg Roskopf, Chief Risk Officer.

So that we may conduct a thorough follow-up on your question or concern, please fill out if applicable an Incident Report and fax to the Offices of the Grand Chapter Fax. 317.875.8353.

Tau Kappa Epsilon takes violations of our risk management guidelines seriously. A response to all valid questions and concerns will be returned in a timely manner. Please note that upon your request, TKE will keep your identity and relationship to the chapter confidential.

Tau Kappa Epsilon thanks you for holding our men accountable and congruent with our values.

Crisis Communication Plan

Download TKE's Crisis Communication Plan.

TKE Incident Report

Download TKE's Incident Report.

Crisis Team Form

Download TKE's Crisis Team Form.

Risk Management Additional Insured

Only James R Favor & Company can approve naming an additional insured to our policy. They will consider these requests carefully to protect the Fraternity. If a third party asks you for a Certificate of Insurance naming them as an additional insured, you must begin by making a request to our insurance broker. They will review the request for approval and verify necessary aspects with the Offices of the Grand Chapter. Chapters should plan for this process to take up to 30 days to complete from start to finish. There may be an additional cost associated with your chapter requesting an Additional Insured Certificate.

1. Certificate Basics: Certificates of Insurance and other Evidence of Insurance forms are the basic information communication tools of the insurance industry. Whenever one party requires another party to secure and maintain some form of insurance, they should also require satisfactory evidence that this has, in fact, been done. This circumstance usually arises from various forms of contracts that are related to fraternity or sorority operations and activities.
   
   Examples include: Relationship Statements or School Recognition Requirements, Equipment Leases, Leasing Facilities owned by Others for Social Functions or Fundraising Activities, Chapter House Leases or Housing Agreements, Remodeling or New Construction Projects, and especially with any Employment or Independent Contractor Agreements.
    
2. Certificates are Information Only: The principal function of any certificate or evidence of insurance is just to provide evidence of and convey basic information about the insurance coverage carried by another party. Insurance certificates are not intended to provide insurance for the party to whom they are furnished. Certificates are not intended to amend, extend or alter the coverage afforded by the insurance policies.
    
3. Additional Interest Definitions:
   • Mortgagee: Added to a property insurance policy. Intended to protect the mortgagee's interest against physical loss or damage to the property.
   • Loss Payee: Added to a property insurance policy. Directs the insurance company to pay any loss or damage to specified property insured to a designated party other than the insured.
   • Additional Insured: Added to a liability insurance policy. Intended to provide limited coverage to a party other than the insured for liability arising out of the insured's premises or operations.
4. Who Needs Certificates? Everyone needs certificates! Certificates of insurance are the principal method used to provide evidence of your insurance coverage to the fraternity or sorority's various organizational components (Chapters, House Corporations, Alumni Groups and Volunteers). They are also used to provide evidence of your insurance to third parties such as (Schools, Lenders or Landlords).
   
   Certificates are normally issued annually or as required. They may be copied as repeated use may be needed during the policy year. For chapters we suggest they be retained with a specific officer or with the chapter's important records. For others we suggest retention with the corporate records or other important documents.
   
   From the fraternity or sorority's perspective, there are numerous situations in which you will want to know that the parties you are dealing with have insurance to meet their obligations to your organization. Examples include: Payment of workers' compensation benefits to injured employees, payment for any damage to your property, payment for liability assumed under contract, or proper insurance coverage for responsibilities assumed by others such as bartenders or security guards.
   
    
5. Added Attention For Special Exposures: We continue to recommend lead time, documentation and added attention for special fraternity or sorority exposures. Special exposures include:
   
   
   1. For "Independent Contractors", Workers' Compensation, General Liability and Automobile insurance.
   2. For Security Guards, coverage for Personal Injury exposures (False Arrest, Invasion of Privacy, etc.).
   3. For Alcohol related service providers, coverage for both Host Liquor and true Liquor Legal Liability.
   4. For Transportation Services, adequate Automobile Liability limits.
   5. Have you been protected as an Additional Insured under the other party's insurance coverage where appropriate?
6. The "Last Stand" for Risk Management: While likely not your first Risk Management opportunity, providing a certificate or evidence of your insurance to others or obtaining a certificate or evidence of insurance from others will almost certainly be the "Last Stand" for Risk Management. This may be the last chance you will have to apply risk management techniques to a given exposure or potential loss situation.
   
   When providing certificates to others you should again review your exposures. More importantly, review the limitations of your own insurance. Every attempt should be made to avoid the unknowing assumption of risk, and to the greatest extent possible, contain your risks within the scope of your insurance. Not all risks that you may assume are insured.
   
   When you obtain certificates of insurance from others we will be pleased to assist you by reviewing the insurance they maintain to support their obligations. Some frequently found errors include:
   
   
   1. Incorrect Coverage or Insureds,
   2. Inadequate Limits,
   3. Missing Additional Insureds.
   
   Proposed contracts or agreements should be subjected to a joint review by your legal counsel and insurance representatives. As your insurance representatives we will work with you and your legal counsel to review the agreement's exposures and insurance obligations. This review process often reveals increased or previously overlooked exposures that can be significantly reduced or totally avoided by revising the related plans and contractual or insurance obligations.
   
   Your legal and insurance advisors need complete information, documentation and adequate time to perform these functions well. This is particularly true if alcohol or other hazardous exposures exist. Especially if Risk Management issues have been given little prior consideration, we urge you to use the providing or obtaining of insurance certificates as the "Last Stand" for Risk Management.
   
    
7. Hold Harmless & Indemnity Clauses: Risk transfer to others is a fundamental risk management technique. This is best done under a written agreement containing Hold Harmless and Indemnity Clauses. Effective use of this Risk Management technique requires that your legal counsel drafts or reviews the legal agreement. We will assist by reviewing Risk Management considerations with your legal counsel.
   
   A Hold Harmless clause attempts to relieve one party from claims for damages or liabilities that might arise via their relationship with the second party. An Indemnity clause usually accompanies the Hold Harmless clause. The Indemnity clause requires the party providing the indemnity to defend and pay any claims or damages the party being Held Harmless may become legally obligated to pay to a third party.
   
   The opportunity for fraternities and sororities to apply or be faced with this basic Risk Management technique is almost endless. Some examples include:
   
   
   1. Leases,
   2. Social Functions or Events,
   3. School Recognition or Relationship Statements, and
   4. Independent Contractors.
   
   Properly executed, this has been proven to be a very effective risk transfer and loss control technique for fraternities and sororities and we recommend its use whenever possible. Don't forget to require, ask us to review, and retain in your records the certificates or evidence of insurance materials provided by others to support agreements in your favor.
   
   The respective bargaining positions of the parties will usually, to a large degree, determine how risks are transferred. While they remain an effective Risk Management technique for fraternities and sororities, overly broad Hold Harmless and Indemnity Clauses may be overturned and declared invalid by some courts as being unfair or contrary to public policy. If a Hold Harmless agreement is ruled invalid by a court, the contractual liability insurance carried by the indemnitor may be worthless.
   
    
8. Additional Insured: Additional Insured status is another basic risk management technique. Hold Harmless and Indemnity clauses are of greatest value only when supported by insurance or significant assets. When one party transfers risk or is promised indemnity by another, evidence of insurance to support the promised indemnity should also be required.
   
   Being added as an Additional Insured under another party's insurance, establishes for the Additional Insured a limited but valuable added measure of protection. An Additional Insured can tender suits or submit claims directly to the other party's insurer for handling. Being an Additional Insured can be an effective basic Risk Management technique to insulate your insurance program from potential losses.
   
   Insurance companies commonly attempt to restrict coverage for an Additional Insured to claims for damage or liability that arise out of the premises or operations of their policy's Named Insured. In order to secure coverage as an Additional Insured you often must allow the insurer to choose defense counsel and control the defense. Becoming an Additional Insured is not intended to increase the limits or otherwise change the coverage that a policy affords.
   
   Factors such as insurer solvency, legal decisions, and insurance regulatory actions can set aside even the best risk management plans. If as an Additional Insured your claims are denied or go beyond the scope of the insurance, you must rely on other sources of indemnity or face an uninsured loss. The most important source of protection for you against losses or claims remains your own insurance program.
   
    
9. Whose Insurance is Primary? The Additional Insured Risk Management technique can give rise to other difficulties. When two insurance policies potentially
   apply to the same claim, the question of which policy is primary or first to pay usually arises. Failure to anticipate and address this topic can result in unexpected losses. Your insurer may have to respond to a claim against you for risks that you thought had been transferred to others.
   
   This can result in defense costs or claims costs ultimately being charged against your insurance program. If the potential for loss is significant, insurers attempting to determine the payment priority obligations of their policies may be reluctant to clearly confirm coverage or provide defense for claims that have been presented.
   
   To avoid unexpected losses and potential problems in this area we recommend that your Hold Harmless or Indemnity clauses, Additional Insured arrangements, and the related insurance coverage specifically address the following additional points:
   
   
   1. If a claim is presented, the other party's insurer will be primary (Pay First). Your own insurance will be excess and non-contributory (Pay Only After the Other Party's Insurance).
   2. The other party's insurer will provide and pay for your defense if a claim is presented.
   3. The other party's insurer will provide and pay for separate counsel on your behalf if considered necessary by your legal counsel.

Questions and Additional Help

JR Favor's staff is always available to answer your questions, discuss your individual circumstances or needs, and assist you in establishing or making adjustments in your insurance program. Please contact them at James R. Favor & Company, 14466 East Evans Avenue, Aurora, Colorado 80014-1409. WATS (800) 344-7335 . TEL. (303) 750-1122 . FAX (303) 745-8669.
 

Risk Management & Insurance Guide

Click the image below to download the "Risk Management & Insurance Guide"

Response Ability

About Response Ability

Response Ability, a "reality"-style educational video package sponsored by Tau Kappa Epsilon, brings viewers to understand how group dynamics can prevent people from taking action to stop dangerous or unhealthy behaviors. And, it demonstrates skills to successfully intervene when they witness hazing or other dangerous or unhealthy behavior.

The program uses actual undergraduates with real examples to help members relate to bystander intervention. This program is designed to empower and train students on ways to transform values into action by intervening when others exhibit these behaviors. Each chapter should have the Response Ability program within their library.

Bystander Behavior and the Bystander Effect

The primary issue we address is bystander behavior.  This is the human phenomenon where we see or hear a problematic situation yet we do not take the actions necessary to intervene. The bystander effect, or Genovese syndrome, is a social psychological phenomenon that refers to cases where individuals do not offer any means of help in an emergency situation to the victim when other people are present. The probability of help has in the past been thought to be inversely related to the number of bystanders; in other words, the greater the number of bystanders, the less likely it is that any one of them will help. The mere presence of other bystanders greatly decreases intervention. This happens as the number of bystanders increases, any given bystander is less likely to interpret the incident as a problem, and less likely to assume responsibility for taking action.

Additional Risk Management Resources