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Estate of Ruben A. Hernandez v. Arizona Board of Regents11/29/1991
tuted as plaintiff. Rayner settled with the estate and has been dismissed from the suit.
THE COMPLAINT ALLEGATIONS
The complaint alleged that the individual fraternity members and Epsilon Epsilon were joint venturers who furnished or aided or abetted the furnishing of alcohol to those under the age of 21 either by contributing to the social fund or by serving alcoholic beverages at the party on August 27. Epsilon Epsilon was also alleged to be responsible under the doctrine of respondeat superior and for breach of its duty to control the activities of its members.
The national fraternity is alleged to have breached its duty to supervise the local chapter so as to assure its compliance with university rules and regulations. It is also alleged to be liable under the doctrine of respondeat superior for the negligent conduct of the local chapter adviser, who is
alleged to be an agent of the national organization.
Epsilon Epsilon Educational Foundation (the house corporation) leases the fraternity house property from its owner, the Arizona Board of Regents. The house corporation was established to constitute a continuing entity for leasing the property because the Board of Regents will not lease directly to transient fraternity members. The house corporation is alleged to have breached its duty to use reasonable care in entrusting its property to the chapter because it knew or should have known that the site was regularly used for fraternity parties at which alcohol was served to those under the legal drinking age.
The Board of Regents is alleged to have been negligent in continuing to lease the premises to the house corporation when it knew that the fraternity served alcoholic beverages to persons under the legal drinking age. Steven Hare is alleged to have gratuitously undertaken the responsibility to educate the members of Epsilon Epsilon on university regulations about the consumption of alcohol, to monitor the chapter's compliance with those regulations, and to report any violations of those regulations. The complaint alleges that he failed to exercise reasonable care in carrying out that undertaking. Hare is also alleged to have acted as an agent of the Board of Regents, and the Board is alleged to be liable both under the doctrine of respondeat superior and for its negligent supervision of Hare.
The basis for appellant's allegations against Hare is the following: In January 1987 a Greek Relationship Statement was approved by the university, which recognized that the fraternity/sorority system is an integral part of the institution's entire educational program. The statement notes that the university employs a professional staff member who is responsible for the administration of university policies relating to fraternity/sorority activities. The statement also requires all chapters to comply with all "federal, state and local laws, and University of Arizona regulations, guidelines and procedures concerning student and student organizations conduct." One of the items on which local chapters are required to have educational policies is alcohol use.
In the spring of 1988, meetings were held for the purpose of creating an organization entitled "University of Arizona Greeks Advocating Mature Management of Alcohol" (GAMMA). The purposes of GAMMA were stated to be:
A. To provide continuous education regarding Greek social functions.
B. To aid planning of social functions.
C. To regulate Greek events where alcohol is involved.
D. To increase awareness and allow the Greek system to take responsibility for it's ow
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