Up to Code?

On the morning of March 21, 1999, Michael Tobin, a 1994 College graduate and brother at the Phi Gamma Delta fraternity, was found dead in a pile of garbage in the back of the FIJI house after its annual Pig Roast alumni dinner.

His father, Jon Tobin, the executor of his estate, sued the University and several other parties in March 2001, charging that Penn neglected its responsibility to maintain minimal safety in the structure of the house, located on campus at 3619 Locust.

According to the official court complaint filed by the Tobin family, Penn's official agreement with the fraternity was to "be responsible for the maintenance and repair of the [fraternity house], including such major structural or mechanical repairs, roof, plumbing, electrical, heating and safety systems, foundation and interior and exterior painting as the University may from time to time deem necessary or desirable."

The Tobins blamed Penn's negligence in maintaining its agreement for the death of their son, but the University denied being at fault.

According to the complaint filed against the University, Penn knew that drinking would be happening in excess, and that a variety of unsafe conditions existed at the house, including debris on the stairwell, a lack of exterior lighting and stair treads and handrails that violated state codes.

The University denied responsibility for Tobin's death, and instead focused on the issue of alcohol. Tobin was found to have a .23 blood alcohol content level at the time of his death.

In June, the Tobin family settled with the University. Although the specifics of the settlement remain confidential, the University has allocated two funds at the request of the Tobin family to improve renovations -- including maintenance, repair and capital improvements -- of Greek housing.

"I know that [it is] the Tobins' hope that by bringing this action, it will be a catalyst for change in terms of the University's commitment to Greek housing," said Patricia Pierce, the Tobins' primary attorney.

She added that the family settled with the understanding that Penn would keep the promises it made in last summer's agreement.

Vice President for Facilities and Real Estate Services Omar Blaik echoed her sentiments. "In many ways the Tobin case helped raise awareness of how dangerous the conditions... are," he said. "Responsibility needs to be shared... to ensure that our students are living in safe conditions."

The Tobin case has required "all of us, whether we are directly responsible or not... to pause and ensure that we are doing the right thing," he added.

And though the evaluation of just what the "right thing" entails has begun, it has proven thoroughly complex.

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The University has been making a concerted effort to respond to various complaints surrounding living conditions in Greek houses. But health and safety provisions -- such as housewide heat and working outdoor lighting -- have been legitimately called into question at many houses.

And when asked, many Greeks can rattle off an earful of complaints regarding the upkeep of their houses.

The dilemma remains -- how far does the University's responsibility extend?

The answer may depend on who is asked.

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Penn interacts with Greek houses on two levels. The University completely owns some, and with others, Penn has a reversionary trust.

Under the reversionary trust, the University does not own the house, explained Jim Johnson, the corporate president of Phi Delta Theta Club of Philadelphia. However, "they have power over it," he said.

The crux of the reversionary agreement is that if Phi Delt were to cease being a fraternity that is sanctioned by the University, Phi Delt would have to sell the property back to Penn, Johnson said.

The house "is 100 percent my responsibility," Johnson added.

He emphasized the fact that every reversionary agreement is unique, with its own stipulations regarding the University's responsibility.

For the houses that Penn owns directly, OFSA Facilities Manager Clinton McCartney is the point person to which house managers go with complaints.

Still, Blaik said that "whether [or not] we have any direct responsibility for management or direct ownership of the frat houses themselves... the main objective is that life safety and fire safety codes are adhered to."

University officials are currently planning a review of these codes to ensure that Greek houses are "structurally, electrically and mechanically... sound," Blaik said.

"Over the past few years, through our office of fire safety... we actually go and do inspections," he added.

The money from the Tobin settlement is "helping fund many of these assessments and inspections to the extent that they require upgrades," Blaik continued. "That pool of funds is helping push this initiative forward."

But Blaik says that difficulties arise "when you are not responsible for the house from a property management perspective, but find that... [it is] lacking from a fire, safety perspective."

What do you do when the University has no oversight or legal ties to the property, he questioned?

What do you do when fraternity brothers acquire painful burns from shower heads that have not been repaired for months?

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Malfunctioning showers are just one of the problems the Pi Kappa Alpha brothers are having -- these men, who own their house under a reversionary agreement with the University, have a laundry list of complaints, which they say Penn has ignored for far too long.

For example, until one month ago, one room in the house was entirely off limits because of a gaping hole in the floorboards.

The Phi Delt house has also faced structural problems.

Before classes started this year, Engineering sophomore Keith Lukasik's bedroom ceiling fell in. The house's water pipes are internal, and heavy rains caused one pipe -- that was clogged by a beer can -- to "start filling up like a bathtub," Johnson explained. As a result, the ceiling caved in.

But who is liable for the damage?

"When students sign a contract to use a room in the fraternity, there's a hedge clause... they have to have their own insurance for their own goods," Johnson said.

Johnson also arranges for a roofing company to inspect the roof four times a year, adding that "the University doesn't do anything without my say."

Structural problems are not unique to the PIKE and Phi Delt houses, however.

A brother in another fraternity, who wants both himself and his fraternity to remain anonymous, deplored the unacceptable condition of his house last year.

"It's old and not kept up by the University," he said, noting that drywall and ceiling tiles crumbled easily and lacked decent insulation.

"The house was falling apart," he added.

But that seems trivial compared to the house's plumbing problems -- feces once leaked down onto the first floor from the overflowing toilets above, he said.

And there are some problems that seem to plague everyone.

When a mouse infestation at the Delta Kappa Epsilon fraternity house became apparent early this year, the brothers didn't bother to call the University.

They adopted Shadow -- a house cat -- and he's been getting the job done ever since.

The Alpha Chi Omega sorority, Alpha Epsilon Pi fraternity, Phi Delt and Sigma Alpha Epsilon fraternity have rodent and roach problems.

At SAE, the "mouse genocide count" hit 24 this year, sophomore brother Bruce Trammell said.

House Manager Ron Darbouze said OFSA has washed its hands of SAE's mouse problem.

AEPi brother Jack Rosenblum claimed OFSA still hasn't solved their roach and rodent issues, either, though he said the University is trying.

Unwanted house guests are just one health problem that arises from living in Greek housing.

Penn has been trying to deal with heating issues at the Kappa Alpha fraternity for the past couple years, House Manager Nate Berry said. Basically, some rooms don't get heat, a serious problem in light of Northeastern winters.

Additionally, these pressing issues are accompanied by a slew of less serious problems involving plumbing, electricity and lighting at other houses.

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But not everyone is dissatisfied. The University "has been really good about stuff this semester," Kappa Sigma House Manager Peter Aquart said. "They have been very, very prompt on taking care of anything covered by them."

Penn has responded to problems with drywall, holes in walls, "some stuff coming off cinder blocks" and "lighting issues," Aquart said.

Additionally, Aquart said the time it takes for the University to respond to issues at some houses is to be expected.

"Our house is kept really, really nice --we had it completely redone this summer with everything repainted," Sigma Delta Tau House Manager Lauren Meshkov said.

She also praised OFSA's response time when problems arise.

"They're really good about it -- they usually send someone over very quickly," she said.

She added that the problems with the SDT house have been minor, including "little things, like light bulbs in the halls going out" and heaters not working.

And some of the Greeks felt that their houses' bumps and bruises built character for the house.

"We like our old floors," Lukasik said of Phi Delt's floorboards that have popped loose and warped.

Still, the University is in the process of evaluating the problems in Greek houses and attempting to rectify many of the prevalent issues.

"The University began to consider this particular review in the context of efforts by certain house corporations to significantly renovate and/or update particular houses. These plans raised [Americans with Disabilities Act] and other compliance issues," Director of Fraternity and Sorority Affairs Scott Reikofski said.

The results of the review -- which the University is funding -- will be discussed with each chapter and its alumni corporation house.

If improvements prove necessary, "for both University houses and non-University owned houses, we expect the alumni corporations to play a role," Reikofski said.

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Though Penn is attempting to address these housing issues through building assessments, many debate OFSA's efficiency.

PIKE brother Alex Brodsky criticized Penn for the ineffectiveness of OFSA's communication system -- noting how the volume of problems seems to be overwhelming for OFSA's sole point person.

On the other hand, SDT House Manager Lauren Meshkov said that having just "one person whom I contact every time -- Clinton McCartney" has not proven to be a problem.

In order for things to run smoothly from day to day, Reikofski emphasized the importance of communication in OFSA's partnership with chapter houses and alumni corporations, saying that it is "key to efficient facility maintenance and operations."

Johnson blames the houses' residents for many of their problems.

The mice problem in many of the houses "is more complex" than just bringing in an exterminator, he said.

"Put your cereal away in a tin can. Don't leave the food out in the dining room.... The issue belongs to the individual house in terms of having some sense of cleanliness."

Johnson said there are two classes of Greek house residents.

Some believe they are "simply victims, thinking they're getting screwed by the University." He explained these residents think, "it's a dorm, and I paid my rent, and the University owes me."

But the others, "who are leaders... manage their houses effectively."

It is hard to tell who is at fault considering the ambiguity of where responsibilities lie.

The problem is black and white -- many Greek houses are in dire need of repair. But solutions come in shades of gray.

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