Because of a production error, an article yesterday about Delta Delta Delta sorority's indictment charges did not print in its edited form. Below is the version that should have run.
Delta Delta Delta sorority pleaded not guilty Tuesday to two felony counts of providing alcohol to a minor after waiving its right to an arraignment.
The charge stems from an incident May 1, when the sorority's "Date-A-Delta" party ended after Meredith Scott '96 was arrested by Hanover Police and Heidi Taylor '96 was taken to Dartmouth Hitchcock Medical Center and treated for alcohol intoxication. Both were under 21.
If convicted, the house faces a maximum fine of $50,000 for each charge.
"It is a serious charge and we are taking it quite seriously," Carla Manley, Tri-Delt's adviser, said. Attorney Claude Buttrey of Lebanon will represent the sorority.
"To the best of my knowledge, the house did everything they were required by law to do," Buttrey said. He also said he has not yet received the police report and will not know all the facts until then.
According to state law, the house could be found not guilty if the defense can prove that the house took all "reasonable" precautions to prevent serving alcohol to minors.
A preliminary trial hearing has been set for Nov. 23 at Grafton County Superior Court and a final pre-trial hearing will take place Jan. 23. A jury trial is scheduled for the weeks of Feb. 6 and 13, the clerk said.George Waldren, the state's prosecuting attorney, declined to comment about the case. The case was moved to Grafton County Superior Court because it involves a felony, which is a serious crime that carries a potential penalty of more than a year in jail.
The sorority is charged with violating New Hampshire Legal Statute 179:5 -- Prohibited Sales, which forbids the sale or distribution of alcohol to any person less than 21 years old.
If committed by an individual the offense is a misdemeanor, a lesser crime that carries maximum penalties of $1,000 and/or up to 1 year in prison, according to an excerpt of the law in the Dartmouth College Student Handbook.
But because the sorority is a corporation, the charge is classified as a felony and carries the potential for greater penalties, Detective Richard Paulsen of the Hanover Police Department said.
On May 1, Safety and Security received a phone call from The Tabbard coed fraternity, where the party was held, requesting an ambulance for Taylor, who was found seriously intoxicated.
Police arrived with the ambulance and arrested Scott, who Sgt. Frank Moran found intoxicated while questioning her about Taylor's condition. Taylor was treated and released the next morning.
The College also investigated the incident but decided not to penalize the sorority. Assistant Dean of Residential Life Deb Reinders said the circumstances fell within the College's "Good Samaritan Clause."
The policy releases individuals or organizations from College discipline for their involvement in alcohol policy violations if they seek assistance from security or medical personnel.
Reinders said the sorority was treated the same way as any individual College student would be. She said that even though the clause does not apply to repeated or serious violations of the alcohol policy, Tri-Delt is protected by it.
"I've never had individuals or organizations [abuse] the Good Samaritan Policy," she said.
Paulsen said other College organizations have been brought up on similar charges in the past. Most recently, Sigma Alpha Epsilon fraternity was found guilty on four of five counts of providing alcohol to minors in the fall of 1991.
SAE could have received a maximum penalty of $250,000, but was only fined $1,600. The event prompted SAE to become independent from the College in order to avoid a College investigation. The house reaffiliated in January 1993.
Emily Jones '95, Tri-Delt's president, declined to comment. Manley said "the house has been advised to keep its comments to a minimum by the national."
Taylor was reached at her leave-term address but said she "had nothing to say." Scott was unavailable for comment.
