On October 31, 2019 a
5. Mayer Dec ISO MSJ
was filed
involving a dispute between
Beletsis, Daphne,
Rainey, Yvonne,
Karki, Bobby,
Leitch, John Dylan,
Thomas, Emmanuel,
and
Davis, Zachary Nash,
Garcia, Moises Tenorio,
Garcia, Rafael,
Guevara, Christopher,
Kahlon, Najpreet Singh,
Karki, Bobby,
King, Derek,
Leitch, John Dylan,
Leon, Stefan Matias,
Mclaughlin, Quinn,
Takayama, Jordan Keiichi,
Theta Chi Fraternity, Inc.,
Theta Iota Chapter Of Theta Chi Fraternity,
Thomas, Emmanuel,
Visacki, Brad,
for (23) Unlimited Other PI / PD / WD
in the District Court of Santa Cruz County.
Preview
1 Michael C. Osborne (Bar No. 95839)
mosborne@cokinoslaw.com
2 Elaine Kobylecki (Bar No. 299311)
ekobylecki@cokinoslaw.com
3 COKINOS | YOUNG
611 Gateway Blvd., Ste. 233
4 South San Francisco, CA 94080
Telephone: (628) 229-9180
5
Attorneys for Defendant
6 THETA CHI FRATERNITY, INC.
7
8 SUPERIOR COURT OF THE STATE OF CALIFORNIA
9 COUNTY OF SANTA CRUZ
10
11 DAPHNE BELETSIS, et al., Case No. 19CV03287
12 Plaintiff, DECLARATION OF MICHAEL MAYER
IN SUPPORT OF DEFENDANT THETA
13 v. CHI FRATERNITY, INC.’S MOTION FOR
SUMMARY JUDGMENT OR, IN THE
14 THETA CHI FRATERNITY, INC., et al. ALTERNATIVE, SUMMARY
ADJUDICATION
15 Defendant.
Date: May 6, 2022
16 Time: 8:30 AM
Department: 10
17
Action Filed: October 31, 2019
18 Trial Date: June 20, 2022
19
20 //
21 //
22 //
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24 //
25 //
26 //
27 //
28 //
DECLARATION OF MICHAEL MAYER IN SUPPORT OF DEFENDANT THETA CHI FRATERNITY, INC.’S
MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION
1 I, Michael Mayer, declare as follows:
2 1. I am currently employed as the Chief Executive Officer for Defendant Theta Chi Fraternity,
3 Inc. (“Theta Chi”) and assumed this position in May 2010. I have been employed by Theta
4 Chi in a variety of capacities, since approximately Fall 2004. On June 2, 2018, the date of
5 Alexander Beletsis’ accident from which this litigation arises, I was employed as Executive
6 Director for Theta Chi. That title was changed to Chief Executive Officer in May 2019,
7 but my duties have remained the same. I make this Declaration in support of Theta Chi’s
8 Motion for Summary Judgment or, In The Alternative, Summary Adjudication. All of the
9 facts stated in this Declaration are within my own personal knowledge and, if called to
10 testify, I would and could competently testify thereto.
11 2. Theta Chi is a non-profit corporation, incorporated under the laws of New York, with its
12 headquarters in Carmel, Indiana. Theta Chi operates as a men’s college fraternal
organization and is a membership organization. Theta Chi was founded in 1856 and
13
currently recognizes approximately 161 local undergraduate chapters at various colleges
14
and universities in the United States and Canada. The mission of Theta Chi is to develop
15
college-age men into successful students, good citizens, lifelong brothers, and resolute
16
leaders.
17
3. Theta Chi is governed by the Grand Chapter, which is the administrative, executive, and
18
judicial head of Theta Chi. The Grand Chapter, which meets several times a year, consists
19
of eight voting members and the CEO as an ex-officio member, and serves as Theta Chi’s
20
Board of Directors, responsible for conducting the business and affairs of Theta Chi,
21
including but not limited to setting policy and evaluating strategy.
22
4. A local undergraduate chapter is created by Theta Chi issuing a charter to the chapter. Each
23
of Theta Chi’s local undergraduate chapters, including the “Theta Iota Chapter of Theta
24
Chi Fraternity, Inc.,” previously located at the University of California at Santa Cruz (“the
25
UC Santa Cruz Chapter”) is also governed by Theta Chi’s Constitution and Bylaws. It is
26
part of my duties and responsibilities to be familiar with these laws.
27
28
2
DECLARATION OF MICHAEL MAYER IN SUPPORT OF DEFENDANT THETA CHI FRATERNITY, INC.’S
MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION
1 5. Pursuant to the charter issued by Theta Chi, its local undergraduate chapters are permitted
2 to use Theta Chi’s name and trademarks. Theta Chi provides educational and chapter
3 operational resources to be utilized at the chapter’s discretion.
4 6. Although Theta Chi provides its local undergraduate chapters with guidance and support,
5 each local chapter, including the UC Santa Cruz Chapter, is a separate and distinct legal
6 entity from Theta Chi. Each chapter is a self-governing, financially self-sufficient
7 organization. Each chapter is responsible for its own debts and obligations. Each chapter
8 selects and initiates its own members subject to Theta Chi’s qualification requirements,
9 elects its own officers, establishes its own bylaws, operates and determines its methods of
10 operation, and otherwise governs its own affairs, subject only to those bylaws and
11 operations being consistent with Theta Chi’s Constitution and Bylaws, and policies.
12 7. Local undergraduate members are obligated as part of their membership to pay dues and
assessments. To do so, the undergraduate members pay their local chapter and the chapter,
13
in turn, remits such payments to Theta Chi.
14
8. Theta Chi does not control and does not supervise the day-to-day activities of any
15
undergraduate chapters, and it did not control nor supervise the day-to-day activities of the
16
UC Santa Cruz Chapter.
17
9. Because Theta Chi does not supervise the day-to-day activities of its local undergraduate
18
chapters, it cannot proactively regulate, control or prevent the ultimate actions of its
19
chapters or the individual chapter members. Rather, Theta Chi is only able to institute
20
discipline for violations of its Bylaws and policies by imposing sanctions against a chapter
21
or individual members after learning of a violation.
22
10. Theta Chi believes that the autonomy of a local undergraduate chapter in organizing,
23
determining and conducting its own operations through a democracy is part of an
24
educational process that adds to collegiate life and to the development and refining of life
25
and leadership skills.
26
11. Theta Chi’s Constitution, Bylaws, and Safety Standards policy all repeat that it prohibits
27
hazing of pledges or of initiated members. Its Safety Standards, which was previously
28
3
DECLARATION OF MICHAEL MAYER IN SUPPORT OF DEFENDANT THETA CHI FRATERNITY, INC.’S
MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION
1 titled Risk Management policies until May 2019, prohibits purchasing, serving, or selling
2 alcohol to anybody under the legal drinking age.
3 12. On the date of Alexander Beletsis’ accident, the UC Santa Cruz Chapter was a local
4 undergraduate chapter operating under a charter granted by Theta Chi. The student house
5 in Santa Cruz where Mr. Beletsis was injured (“the Broadway House”) was not owned,
6 leased, managed, or possessed by Theta Chi at the time of Mr. Beletsis’ injury on June 2,
7 2018, nor at any other time. Rather, the Broadway House was owned by defendant Quinn
8 McLaughlin. The student house in Santa Cruz where the “Crossover Ceremony” occurred
9 that evening (“the Market House”) was also not owned, leased, managed or possessed by
10 Theta Chi on June 2, 2018, nor at any other time.
11 13. Theta Chi revoked the charter of the UC Santa Cruz Chapter on March 12, 2019.
12 14. The UC Santa Cruz Chapter and Theta Chi did not share any officers or bank accounts, and
the UC Santa Cruz Chapter did not represent Theta Chi in any dealings with third persons.
13
15. No officer, employee, or representative of Theta Chi Fraternity, Inc. participated in the
14
planning or organization of the events leading up to Mr. Beletsis’ accident (as alleged in
15
plaintiffs’ First Amended Complaint in this matter), nor was any such person present for
16
such events, nor had any knowledge or notice, either actual or constructive, that such events
17
would be occurring that day.
18
16. Theta Chi did not commingle its funds and other assets with the UC Santa Cruz Chapter,
19
nor with any of the UC Santa Cruz Chapter’s members.
20
17. Theta Chi’s funds and assets were segregated from those of the UC Santa Cruz Chapter
21
and from those of any of the UC Santa Cruz Chapter’s members.
22
18. The minutes and organizational records of Theta Chi are maintained by Theta Chi and were
23
separate and distinct from any minutes and organizational records of the UC Santa Cruz
24
Chapter, which separately maintained its own minutes and organizational records.
25
19. Chapters, including the UC Santa Cruz Chapter, are encouraged to create their own Bylaws,
26
with the requirement that they cannot conflict with the Constitution and Bylaws of Theta
27
Chi.
28
4
DECLARATION OF MICHAEL MAYER IN SUPPORT OF DEFENDANT THETA CHI FRATERNITY, INC.’S
MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION
Preview
1 Michael C. Osborne (Bar No. 95839) mosborne@cokinoslaw.com 2 Elaine Kobylecki (Bar No. 299311) ekobylecki@cokinoslaw.com 3 COKINOS | YOUNG 611 Gateway Blvd., Ste. 233 4 South San Francisco, CA 94080 Telephone: (628) 229-9180 5 Attorneys for Defendant 6 THETA CHI FRATERNITY, INC. 7 8 SUPERIOR COURT OF THE STATE OF CALIFORNIA 9 COUNTY OF SANTA CRUZ 10 11 DAPHNE BELETSIS, et al., Case No. 19CV03287 12 Plaintiff, DECLARATION OF MICHAEL MAYER IN SUPPORT OF DEFENDANT THETA 13 v. CHI FRATERNITY, INC.’S MOTION FOR SUMMARY JUDGMENT OR, IN THE 14 THETA CHI FRATERNITY, INC., et al. ALTERNATIVE, SUMMARY ADJUDICATION 15 Defendant. Date: May 6, 2022 16 Time: 8:30 AM Department: 10 17 Action Filed: October 31, 2019 18 Trial Date: June 20, 2022 19 20 // 21 // 22 // 23 // 24 // 25 // 26 // 27 // 28 // DECLARATION OF MICHAEL MAYER IN SUPPORT OF DEFENDANT THETA CHI FRATERNITY, INC.’S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION 1 I, Michael Mayer, declare as follows: 2 1. I am currently employed as the Chief Executive Officer for Defendant Theta Chi Fraternity, 3 Inc. (“Theta Chi”) and assumed this position in May 2010. I have been employed by Theta 4 Chi in a variety of capacities, since approximately Fall 2004. On June 2, 2018, the date of 5 Alexander Beletsis’ accident from which this litigation arises, I was employed as Executive 6 Director for Theta Chi. That title was changed to Chief Executive Officer in May 2019, 7 but my duties have remained the same. I make this Declaration in support of Theta Chi’s 8 Motion for Summary Judgment or, In The Alternative, Summary Adjudication. All of the 9 facts stated in this Declaration are within my own personal knowledge and, if called to 10 testify, I would and could competently testify thereto. 11 2. Theta Chi is a non-profit corporation, incorporated under the laws of New York, with its 12 headquarters in Carmel, Indiana. Theta Chi operates as a men’s college fraternal organization and is a membership organization. Theta Chi was founded in 1856 and 13 currently recognizes approximately 161 local undergraduate chapters at various colleges 14 and universities in the United States and Canada. The mission of Theta Chi is to develop 15 college-age men into successful students, good citizens, lifelong brothers, and resolute 16 leaders. 17 3. Theta Chi is governed by the Grand Chapter, which is the administrative, executive, and 18 judicial head of Theta Chi. The Grand Chapter, which meets several times a year, consists 19 of eight voting members and the CEO as an ex-officio member, and serves as Theta Chi’s 20 Board of Directors, responsible for conducting the business and affairs of Theta Chi, 21 including but not limited to setting policy and evaluating strategy. 22 4. A local undergraduate chapter is created by Theta Chi issuing a charter to the chapter. Each 23 of Theta Chi’s local undergraduate chapters, including the “Theta Iota Chapter of Theta 24 Chi Fraternity, Inc.,” previously located at the University of California at Santa Cruz (“the 25 UC Santa Cruz Chapter”) is also governed by Theta Chi’s Constitution and Bylaws. It is 26 part of my duties and responsibilities to be familiar with these laws. 27 28 2 DECLARATION OF MICHAEL MAYER IN SUPPORT OF DEFENDANT THETA CHI FRATERNITY, INC.’S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION 1 5. Pursuant to the charter issued by Theta Chi, its local undergraduate chapters are permitted 2 to use Theta Chi’s name and trademarks. Theta Chi provides educational and chapter 3 operational resources to be utilized at the chapter’s discretion. 4 6. Although Theta Chi provides its local undergraduate chapters with guidance and support, 5 each local chapter, including the UC Santa Cruz Chapter, is a separate and distinct legal 6 entity from Theta Chi. Each chapter is a self-governing, financially self-sufficient 7 organization. Each chapter is responsible for its own debts and obligations. Each chapter 8 selects and initiates its own members subject to Theta Chi’s qualification requirements, 9 elects its own officers, establishes its own bylaws, operates and determines its methods of 10 operation, and otherwise governs its own affairs, subject only to those bylaws and 11 operations being consistent with Theta Chi’s Constitution and Bylaws, and policies. 12 7. Local undergraduate members are obligated as part of their membership to pay dues and assessments. To do so, the undergraduate members pay their local chapter and the chapter, 13 in turn, remits such payments to Theta Chi. 14 8. Theta Chi does not control and does not supervise the day-to-day activities of any 15 undergraduate chapters, and it did not control nor supervise the day-to-day activities of the 16 UC Santa Cruz Chapter. 17 9. Because Theta Chi does not supervise the day-to-day activities of its local undergraduate 18 chapters, it cannot proactively regulate, control or prevent the ultimate actions of its 19 chapters or the individual chapter members. Rather, Theta Chi is only able to institute 20 discipline for violations of its Bylaws and policies by imposing sanctions against a chapter 21 or individual members after learning of a violation. 22 10. Theta Chi believes that the autonomy of a local undergraduate chapter in organizing, 23 determining and conducting its own operations through a democracy is part of an 24 educational process that adds to collegiate life and to the development and refining of life 25 and leadership skills. 26 11. Theta Chi’s Constitution, Bylaws, and Safety Standards policy all repeat that it prohibits 27 hazing of pledges or of initiated members. Its Safety Standards, which was previously 28 3 DECLARATION OF MICHAEL MAYER IN SUPPORT OF DEFENDANT THETA CHI FRATERNITY, INC.’S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION 1 titled Risk Management policies until May 2019, prohibits purchasing, serving, or selling 2 alcohol to anybody under the legal drinking age. 3 12. On the date of Alexander Beletsis’ accident, the UC Santa Cruz Chapter was a local 4 undergraduate chapter operating under a charter granted by Theta Chi. The student house 5 in Santa Cruz where Mr. Beletsis was injured (“the Broadway House”) was not owned, 6 leased, managed, or possessed by Theta Chi at the time of Mr. Beletsis’ injury on June 2, 7 2018, nor at any other time. Rather, the Broadway House was owned by defendant Quinn 8 McLaughlin. The student house in Santa Cruz where the “Crossover Ceremony” occurred 9 that evening (“the Market House”) was also not owned, leased, managed or possessed by 10 Theta Chi on June 2, 2018, nor at any other time. 11 13. Theta Chi revoked the charter of the UC Santa Cruz Chapter on March 12, 2019. 12 14. The UC Santa Cruz Chapter and Theta Chi did not share any officers or bank accounts, and the UC Santa Cruz Chapter did not represent Theta Chi in any dealings with third persons. 13 15. No officer, employee, or representative of Theta Chi Fraternity, Inc. participated in the 14 planning or organization of the events leading up to Mr. Beletsis’ accident (as alleged in 15 plaintiffs’ First Amended Complaint in this matter), nor was any such person present for 16 such events, nor had any knowledge or notice, either actual or constructive, that such events 17 would be occurring that day. 18 16. Theta Chi did not commingle its funds and other assets with the UC Santa Cruz Chapter, 19 nor with any of the UC Santa Cruz Chapter’s members. 20 17. Theta Chi’s funds and assets were segregated from those of the UC Santa Cruz Chapter 21 and from those of any of the UC Santa Cruz Chapter’s members. 22 18. The minutes and organizational records of Theta Chi are maintained by Theta Chi and were 23 separate and distinct from any minutes and organizational records of the UC Santa Cruz 24 Chapter, which separately maintained its own minutes and organizational records. 25 19. Chapters, including the UC Santa Cruz Chapter, are encouraged to create their own Bylaws, 26 with the requirement that they cannot conflict with the Constitution and Bylaws of Theta 27 Chi. 28 4 DECLARATION OF MICHAEL MAYER IN SUPPORT OF DEFENDANT THETA CHI FRATERNITY, INC.’S MOTION FOR SUMMARY JUDGMENT OR, IN THE ALTERNATIVE, SUMMARY ADJUDICATION