Top university officials and Penn State legal advisers met last December with borough officials in Old Main to brainstorm legislation about Penn State fraternities, public records show.
Meeting last Dec. 16 in Old Main for a "brainstorming session," university and borough officials discussed the definition of a fraternity and how it relates to Penn State as written in borough ordinances, according to an agenda recently released through a public records request.
The State College Borough Council is currently reviewing two proposed amendments that would redefine university recognition of fraternities, establish development standards and prohibit defunct on-campus fraternities from being used as rooming houses.
University officials had previously declined to comment on Penn State administrators' involvement in drafting the proposed amendments.
Those in attendance at the Dec. 16 meeting included Penn State Vice President of Student Affairs Damon Sims, Director of Fraternity and Sorority Life Roy Baker, Penn State attorney Wendell Courtney, State College Borough Zoning Officer Herman Slaybaugh, Borough Solicitor Terry Williams and Borough Manager Tom Fountaine, among others, officials said.
Baker, Courtney and Williams did not respond to requests for comment.
There were no students or alumni associations in attendance, Slaybaugh said.
"I certainly never had an indication that Penn State was trying to put a power play on it and take over the fraternities or put pressure on the borough," Fountaine said.
In a statement, Sims wrote that Penn State and the borough talk regularly about issues of "common interest and concern."
"Any allegation that suggests collusion or conspiracy between the Borough and the University in this matter is simply naïve or silly or both," Sims wrote. "It is ridiculous to think that a university that can house only one-third of its undergraduates on campus does not want its fraternities to succeed."
The information surfaced at a hearing Friday regarding the 240 N. Burrowes Road alumni association's legal battle with the university over the property rights for the 240 N. Burrowes Road house, which had previously been occupied by Phi Delta Theta.
"If any of those alumni associations decide to sell their building, they wouldn't be able to sell it as a use for student housing -- which means no renting," 240 N. Burrowes Road alumni association attorney Bernie Cantorna said. "They're throwing this all together in hopes nobody sees it."
Phi Delta Theta lost its charter in 2007 because of alcohol violations and subsequently lost university recognition. Under the proposed ordinance, it would not be able to rent the property to students, Cantorna said.
"What the university does not support are failed fraternities," Sims wrote. "Where a chapter is consistently found responsible for violations related to underage drinking or hazing or public nuisance, for instance, we doubt that it is adding value to the student experience."
Interfraternity Council President Luke Pierce (senior-economics) declined comment.
Slaybaugh said he was originally against the proposed rooming ordinance but ultimately changed his mind because current laws for off-campus fraternities already have the same restrictions.
In addition to the rooming house amendment, the new legislation changes the word "affiliate" to "recognition," which means fraternities without Penn State recognition could not house students.
Slaybaugh said the new legislation was prompted a few years ago when another fraternity lost its recognition and appealed before resolving the issue.
Slaybaugh said the judge stated that the borough's legislation was not clear enough and ought to be modified. Slaybaugh said he initiated the conversations with the university.
Centre County Judge David E. Grine told Cantorna on Friday that he must formally submit a request to have the evidence considered for the association's case to appeal the Zoning Hearing Board. Cantorna plans to submit that request today.
