Phi Psi evicted for code violations

01/23/09 - Phi Kappa Psi, one of the University of Rhode Island's 11 fraternities, was evicted from Fraternity Circle after obtaining a third strike from incidents including damage to the house and substance and weapon violations.Campus Police Maj. Stephen Baker said on Dec. 5, URI and South Kingstown police searched the Phi Kappa Psi fraternity house at 4 Fraternity Circle under the terms of search warrant. In a safe, police found about one-quarter of a pound of marijuana, a couple scales, small plastic bags, $130 in cash and what police described as "a ledger to show drug activity," Baker said.

Phi Psi member Robert Gallo, 20, was arrested and charged with possession of marijuana with intent to deliver, Baker said.

Gallo was arraigned in the Rhode Island Fourth District Court on the same day, and Baker said he was released on $500 bail.

Phi Psi President Ryan Spain, who is studying abroad, could not be reached for comment by press time.

Former Phi Psi President Andy Hanson said yesterday Gallo's actions do not represent Phi Psi as a whole, and Gallo has not maintained contact with any of the other brothers.

"I think he's just trying to keep his privacy," Hanson said.

Hanson said a SWAT team entered the premises at around 4 a.m. with flashlights pointed in students' faces. URI Police confirmed SWAT was present.

The police reports have not been released because the investigation is still pending.

Hanson, who was there that morning, recalled officers said they had a warrant, but no one in the house asked to see it, and people in the halls were told to go into their rooms.

"A lot more got woken up when that many police officers came in screaming," Hanson said.

Phi Psi's third strike was from nine violations, Hanson said, which included a weapons violation for a bb gun, paraphernalia for bongs, vandalism for holes in the wall and two alcohol violations for empty beer cans found in a common area. Hanson said the cans count as possession and distribution of alcohol.

Gallo's roommate was taken in for questioning but will not be charged with a crime, Baker said.

"[Gallo] did have a roommate, but there's no evidence the roommate was involved," Baker said.

Interfraternity Council President Phil Bowers said the code violations are not something the IFC supports.

"That's not something we stand for, which is why we let the school deal with it," Bowers said.

He said he's not familiar enough with the university's three-strikes-you're-out policy to comment on the level of punishment.

Bowers pointed out there are likely drugs in university dorms, but RAs don't know about them, and likewise fraternity presidents don't always know everything going on with every student in the Greek community.

"The president takes an oath to look over the chapter," Bowers said. "The leaders in this Greek system are second to none. If he knew about this, he absolutely would have done something about it. [Fraternity brothers] represent a larger group of people, and some of them don't realize that."

Police said there was a lot of damaged furniture and items had been taken from the house. Vice President of Student Affairs Tom Dougan said there were also fire code and university alcohol policy violations.

"Clearly we don't close fraternities for one violation," Dougan said. "There were violations that occurred over time and the chapter was on probation. The Phi Kappa Psi fraternity chapter was suspended."

Hanson said Phi Psi brothers received letters telling them if they meet as a sanctioned fraternity, a group of six or more, they will be in danger of expulsion from URI.

"[Fraternity brothers are] our friends ... and they expect us to not even associate with each other," Hanson said.

Hanson said the final eviction notice came on during finals on Dec. 11.

"It really sucked," Hanson said. "While we were taking finals, we were all on the phone with Durkin [Cottage Realty of Narragansett] interviewing for houses."

Hanson said before the Dec. 5 incident, the fraternity voluntarily paid for repairs to small holes in the wall, but after the eviction, five fraternity brothers put much larger holes in the wall. Hanson declined to name the five brothers.

Phi Psi brothers were also notified that they could be billed past their $400 damage deposit, which Hanson said adds up to $20,000 because about 50 fraternity brothers pay it.

"I don't see $20,000 in damages," Hanson said.

Hanson said one of the 48 members got back in the dorms, three live in apartments at the top of campus, and the rest are living in Narragansett, Bonnet Shores and elsewhere in South Kingstown.

Phi Kappa Psi will be banned from campus events for the next year and a half, and banned from their fraternity house for the next four years, Dougan and Hanson said.

Director of Judicial and Commuter Affairs Leslie Williams said the university gives suspended organizations that time to "rebuild and re-colonize."

According to records from the Rhode Island Office of the Attorney General, Gallo was given a routine, pre-trial screening on Jan. 7, in which defendants get organized with attorneys. The records said Gallo has acquired a private defense attorney, Michael J. Lepizzera, Jr.

Baker said Narragansett police assisted in the investigation. Dougan said the building owner renovated the property over the winter recess, and transfer students are now living in the house.

While Gallo is solely being held responsible for drug possession, Dougan said the entire fraternity is being punished for the building, fire, and alcohol policy violations.

"When one destroys property belonging to others, that's a violation of university property," Dougan said, who didn't know the cost of the repairs.