Colonial ruling sets new precedent for clubs

Members of Colonial Club will collectively participate in about 500 hours of community service this semester in what club officers and legal analysts call a positive shift in the way legal charges brought against the eating clubs are resolved.

While legal responsibility had been moved from a club president to another entity in the past, this is the first time that an entire club's membership has been held accountable for something that happened in the club.

Charges had originally been filed against Colonial president Tommy Curry '08 for serving alcohol to a minor and maintaining a nuisance. The latter, more serious charge was dropped, and the club became the legal entity responsible for the former as part of a plea bargain reached by Colonial's graduate board, its counsel and the prosecutor.

Curry said that the deal made with the Mercer County prosecutor does not force Colonial members to do community service since attendance at all the planned events will be voluntary, nor does it make individual members of the club legally responsible.

"This is in no way legally binding on any member of the club," he said. "It is legally binding on the club itself. This isn't something that's going on [members'] records. They're not charged with anything. This is a responsibility the club has to meet."

This is not the first time legal responsibility has been moved from a club president to another entity. Charges that were originally brought against Patti Chao '07, then the Terrace Club president, were later filed against the club's trustees. The graduate board pled guilty to charges of serving alcohol to a minor and paid a fine of $664.

"The thought was that if the graduate board is going to take responsibility, as opposed to an individual taking responsibility, then in fact the club membership should generically take responsibility and play a role in the rehabilitative aspect of the sentencing," Colonial attorney Robert Wills said. "There's only so much that the board can do, that the club president and the other officers can do, if the membership does not cooperate in the effort [to curb underage drinking]."

Wilson School professor Stanley Katz said the plea deal is representative of a new effort to try and assign culpability more generally.

"What the court seems to be saying is that the club has done wrong, and why should simply the president or the graduate board be penalized when it's the problem of the club?" he said. "From my point of view, [that's] not a bad outcome. If one thinks, as I do, that eating clubs are completely irresponsible about their alcohol policies, putting responsibility on all members of the club I think is the right thing to do."

Bill Potter '68, an attorney with offices in Princeton who advises the Princeton Justice Project, agreed. "It seems to me that the court was looking for a more 'positive outcome' than just a fine or holding any one person — such as Mr. Curry — responsible," he said. "If everyone in the club has to 'pay the penalty' then perhaps there will be a greater 'culture of compliance' at the club, more vigilance, etc., thereby also sending a signal to all the other clubs."

Other club presidents also supported the decision to distribute penalties incurred due to legal actions when interviewed last week. "The trend of holding a club as a body responsible largely make sense," said Will Scharf '08, president of Charter Club and the Interclub Council.

Potter said that the deal doesn't violate the due process rights for club members if the organization voluntarily accepted the plea, and in so doing also waived any right to appeal. Potter says it would be a different matter if this "group penalty" had been imposed following a trial in the form of a conviction.

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"The more interesting question is what if [Colonial] had not 'pled out,' could a court order this?" he said in an email. "I have my doubts." Potter used a hypothetical situation involving University administrators to illustrate his point.

"Suppose an office worker in Nassau Hall was found smoking pot," he said. "Could a court hold Princeton University responsible and then order President Tilghman and her entire staff to do community service? I doubt it."

Potter also said that club presidents don't bear legal liability for every act committed under the club's roof or on its grounds.

"Group culpability or 'guilt by association' is much disfavored in the law," he said. "But there are exceptions. Before a court would hold Mr. Curry liable, I should think it would have to find that he knew of the illegal activity, condoned it, did not try to stop it and he had a legal duty to prevent it."

Curry said that club members will complete their community service under the supervision of Gary DeBlasio, who directs Corner House, a young adult counseling center on Witherspoon Street.

DeBlasio was instrumental in the deal the club brokered with the prosecutor, and that the club is working with him to lay out the terms of the community service, Curry said, adding that "DeBlasio wants to better the relationship between the eating clubs and Princeton Borough and would like to see some sort of system of response to eating clubs that get into trouble."

Curry hopes Colonial can set a precedent for other clubs that may find themselves in similar situations in the future. "We're essentially trying to set a precedent here of things that are reasonable to ask of clubs and that will also result in both positive work being done around the community and in a sense of responsibility on the part of the clubs to stay out of trouble."

DeBlasio was not available for comment.

Colonial officers will be organizing several community service projects throughout the year to help members complete their hours, including volunteering at the Corner House, with the Student Volunteers Council and at various events around the Princeton area. Curry said plans are also underway for the club to hold a winter coat drive, a canned food drive and blood drives.

Curry said that he will be responsible for making sure Colonial members fulfill their hours and that ICC adviser Tim Prugar '06 and Scharf will verify that they have been completed. Curry said that while the club has until June 2008 to complete the 500 hours, he'd like to finish before the club elects a new slate of officers at the end of the semester.

When the process is all said and done, those involved hope the process will have been both a meaningful lesson for members and a positive outcome for the community.

"The point is we've done wrong, and we're going to pay the price," Wills said. "And this is a good price to pay. It's going to help the community and help the club build stronger ties with the community."