As part of a lengthy investigation into fraternity culture, Caitlin Flanagan talked to Douglas Fierberg, “the best plaintiff’s attorney in the country when it comes to fraternity-related litigation”:
“Until proven otherwise,” Fierberg told me in April of fraternities, “they all are very risky organizations for young people to be involved in.” He maintains that fraternities “are part of an industry that has tremendous risk and a tremendous history of rape, serious injury, and death, and the vast majority share common risk-management policies that are fundamentally flawed. Most of them are awash in alcohol. And most if not all of them are bereft of any meaningful adult supervision.” As for the risk-management policies themselves: “They are primarily designed to take the nationals’ fingerprints off the injury and deaths, and I don’t believe that they offer any meaningful provisions.” The fraternity system, he argues, is “the largest industry in this country directly involved in the provision of alcohol to underage people.” The crisis-management plans reveal that in “the foreseeable future” there may be “the death or serious injury” of a healthy young person at a fraternity function.
Flanagan also consulted Fierberg’s adversary, Peter Smithhisler, the CEO of the North-American Interfraternity Conference and “senior fraternity man ne plus ultra“:
One way you become a man, Smithhisler suggests, is by taking responsibility for your own mistakes, no matter how small or how large they might be. If a young man wants to join a fraternity to gain extensive drinking experience, he’s making a very bad choice. “A policy is a policy is a policy,” he said of the six-beer rule: either follow it, get out of the fraternity, or prepare to face the consequences if you get caught. Unspoken but inherent in this larger philosophy is the idea that it is in a young man’s nature to court danger and to behave in a foolhardy manner; the fraternity experience is intended to help tame the baser passions, to channel protean energies into productive endeavors such as service, sport, and career preparation.