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Signed Housing contract refers to unsigned constitution with problems

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Nathan219

Junior Member
What is the name of your state? Indiana

Hello, my name is Nate, and my house is having a problem with some of the rules of our contract/housing agreement. There was a debate a little while ago with some of the brothers (3 of them, of 28) that got caught on property (the parking lot) smoking marijuana. Now, in the housing contract, it says nothing about a drug policy, but this is what it says:

Housing Contract TITLE IV Rules and Regulations:
Student understands that this association to the Fraternity and living in the
Chapter House while a student of ******* University is a mater of privileges
which is not extended to everyone. Student agrees that he will abide by all
present and future Constitutions, By-Laws, rules and regulations which the
fraternity and its Alumni Board enact in order to be associated with this
Fraternity under this contract.

That is part of the signed legal contract that we sign during pledgeship. During this pledgeship, however, we were unable to see the constitution when we signed this document. The Constitution, unsigned, refers to the drug policy here:

SECTION 8: Drug Policy
If any member of **** ** Chapter of *** ***** *** Fraternity shall be found
with, using, storing or distributing any illicit drug in the house or on the
HOUSE PROPERTY, said member will be immediately evicted without question.

When they were brought to the House President and Risk Manager, they had to options. They could either choose to stay drug-free (including alcohol) for the rest of the semester and they will pretty much forget about it, or abide to the law of the constitution, and have a 24 hour period to completely move out, and once gone, still resume paying housing for the rest of said contract (according to the constitution), and for one of them, they still had 1.5 years on contract.

Now I'm wondering, does this sound legal, i mean, apart from the fact that they were doing an illicit activity, but i mean, like, about the eviction, because it really doesn't sound legal. If you can help me on this, that would be awesome.What is the name of your state?
 



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