Suspended fraternity files lawsuit against UNL administrators
LINCOLN, Neb. (KOLN) - Phi Gamma Delta fraternity, commonly known as Fiji, has filed a lawsuit against two University of Nebraska – Lincoln administrators.
Fiji is currently suspended from the University until 2026 due to violations of the Student Code of Conduct. The decision by Chancellor Ronnie Green was announced in October.
Green, as well as Director of Student Conduct and Community Standards Andrea Barefield, are the two defendants named in the lawsuit, which was filed in U.S. District Court on Feb. 18.
The lawsuit claims Green and Barefield violated Fiji members “constitutional right to freedom of speech, freedom of association, and the right to procedural due process, based on Chancellor Green and Director Barefield’s statements, investigations, and actions taken against the Fiji Plaintiffs.”
The complaint claims Green and Barefield “engaged in a pattern of retaliatory conduct based on the Chapter and its members’ political viewpoints and political speech.”
According to the lawsuit, the actions were in response to Fiji members displaying signs supporting President Donald Trump during a Women’s March in Lincoln in early 2017.
However, participants in the march that 10/11 NOW talked to in 2017 claimed Fiji members shouted inappropriate comments at them while they walked by.
The University suspended Fiji for three years following that Women’s March after a UNL investigation reportedly uncovered behavior including “reckless alcohol use, hazing and inappropriate sexually based behavior.”
“The Chapter’s members’ political speech on or around January 21, 2017 played a part or a role in Chancellor Green and Director Barefield’s decision to revoke its recognition of the Chapter as a student organization,” the lawsuit states.
The lawsuit claims in the years following, Green and Barefield began the alleged pattern of misconduct toward Fiji. Claims listed in the lawsuit include suspending the chapter, making false and misleading public statements, failing to follow the University’s Student Code of Conduct, failing to follow Title IX policy, and enhancing punishments due to expressive political speech.
According to court records, the documents also claim it insinuated that violations of UNL alcohol policy were related to sexual assault.
Brian Brilsen, who is representing the fraternity, states in the complaint the alcohol violations were not related to violation of the University’s sexual assault policy.
“The Fiji Plaintiffs have been subjected to unrelenting attention from the national media and unsubstantiated social media rumors that have been perpetuated by Chancellor Green and Director Barefield’s retaliatory actions and misleading public statements,” the lawsuit claims.
According to the complaint, even after the suspension was over in early 2021, Green and Barefield continued to retaliate against Fiji. Another probation was handed down after UNLPD officers say they saw Chapter members drinking in the basement of the house.
In 2021, Fiji was suspended for five years after a stretch of student protests took place outside fraternity, located near 14th and R streets.
The protests were sparked by a reported sexual assault that took place the first week of the Fall semester. Fiji was initially placed on temporary suspension for violation of probation, and then the suspension was extended after the University said a “University Conduct Board determined that violations of the Student Code of Conduct did occur.”
No one has been charged for the reported sexual assault.
1011 NOW reached out to the University who said they cannot comment on the lawsuit due to pending litigation.
