Fiji Complaint

4:22-cv-03023-JMG-SMB Doc # 1 Filed: 02/18/22 Page 1 of 30 - Page ID # 1
IN THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF NEBRASKA
LAMBDA NU ASSOCIATION OF PHI Case No.

GAMMA DELTA, INC., and THE LAMBDA
NU CHAPTER OF THE PHI GAMMA
DELTA FRATERNITY,
COMPLAINT
Plaintiffs, AND JURY DEMAND
vs.
RONNIE D. GREEN, in his Individual and

Official Capacities, and ANDREA
BAREFIELD, in her Individual and Official
Capacities,
Defendants.
COMES NOW Plaintiffs Lambda Nu Association of Phi Gamma Delta, Inc. (the
“Housing Corporation”), and the Lambda Nu Chapter of the Phi Gamma Delta Fraternity (the
“Chapter” or “Fiji”) (together, the “Fiji Plaintiffs”), and for their claims for relief against
Defendant Ronnie D. Green, in his Individual and Official Capacities, and Andrea Barefield, in
her Individual and Official Capacities, state and allege as follows:
NATURE OF THE CASE
1. This is a civil action against Chancellor of the University of Nebraska – Lincoln
(the “University”), Ronnie D. Green, in his Individual and Official Capacities (“Chancellor
Green”), and Director of Student Conduct and Community Standards, Andrea Barefield, in her
Individual and Official Capacities (“Director Barefield”) (together, “Defendants”), for their
violations of the Fiji Plaintiffs’ constitutional right to freedom of speech, freedom of association,
and the right to procedural due process, based on Chancellor Green and Director Barefield’s
statements, investigations, and actions taken against the Fiji Plaintiffs.

2. On or about January 21, 2017, a “Women’s March” took place in locations across
the United States, including in Lincoln, Nebraska. The event took place following the
presidential inauguration of former President Donald Trump. In fact, the Women’s March was,
in part, a demonstration in opposition to then-President Trump. On or about the same time,
members of the Chapter who were students at the University displayed Trump election signs and
celebrated the presidential inauguration on the Fiji’s Plaintiffs’ property.
3. In the years following January 21, 2017, Chancellor Green, the late-Vice
Chancellor for Student Affairs, Juan Franco (“Vice Chancellor Franco”), and later, Director
Barefield engaged in a pattern of retaliatory conduct based on the Chapter and its members’
political viewpoints and political speech. Defendants and Vice Chancellor Franco’s retaliatory
conduct included:
a. Investigating the Chapter and its members;
b. Suspending the Chapter;
c. Making false and misleading public statements regarding the basis for the
Chapter’s suspensions;
d. Failing to follow the University’s Student Code of Conduct;
e. Failing to follow the University’s Title IX policy regarding amnesty for
alcohol violations if a student organization cooperates with an investigation;
f. Enhancing punishments against the Chapter on the basis that it was “a bad
fraternity,” in reference to the expressive political speech by the Chapter’s
members around the time of the 2017 Women’s March;
g. Making stigmatizing public statements insinuating the Chapter and its
members were guilty of sexual assault;
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h. Insinuating the Chapter’s violations of the University’s alcohol policy were
related to sexual assault or were in fact violations of the University’s policy
regarding sexual misconduct, which they were not;
i. Depriving the Chapter and its members of their ability to associate as a
recognized student organization; and
j. Depriving the Housing Corporation and the Chapter of its goodwill and
reputation without due process.
4. A claim that one committed sexual assault is not equivalent to a claim that one
violated the University’s alcohol policies. The Chapter, its members, and the Housing
Corporation condemn sexual assault and, in fact, following highly publicized allegations in the
fall of 2021, reached out to the University Police Department (“UNLPD”) in order to assist with
its investigation. Thereafter, the evidence gathered from this cooperation was used to charge the
Chapter with violations of the University’s alcohol policy in direct contravention of the
University’s Title IX policy.
5. The Fiji Plaintiffs have been subjected to unrelenting attention from the national
media and unsubstantiated social media rumors that have been perpetuated by Chancellor Green
and Director Barefield’s retaliatory actions and misleading public statements.
6. The Fiji Plaintiffs have suffered actual harm and seek injunctive, declaratory,
prospective, compensatory, and punitive damages available under 42 U.S.C. § 1983 for
Chancellor Green and Director Barefield’s retaliatory conduct against the Fiji Plaintiffs for
exercising their First Amendment right to Free Speech, for violating their right to Freedom of
Association, and for violating their right to Procedural Due Process.
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7. The Chapter’s members that were subjected to Chancellor Green’s retaliatory
actions after the Women’s March were between the ages of 18 and 22.
8. The statute of limitations is tolled, in part, due to the Chapter’s members’ ages or
minor status, and Defendants are otherwise equitably estopped from asserting the statute of
limitations as a defense to the Fiji Plaintiffs’ allegations, which date back to at least to the
Women’s March.
PARTIES
9. The Housing Corporation is a business entity incorporated pursuant to the laws
of the state of Nebraska and is primarily engaged in the business of managing the operations and
membership of the Chapter at the University, and providing student housing for its members at
Fiji’s Chapter House (“Chapter House”).
10. The Chapter is a fraternal organization whose membership is made up of the
students at the University. Once a student graduates from the University, he becomes an alumni
member. Membership in the Chapter extends beyond the years of undergraduate education.
11. The Chapter and its members engage in expressive activities that are protected
under the First Amendment, applicable to States under the Fourteenth Amendment, including,
but not limited to:
a. Semesterly fundraisers in which all the Chapter’s members are required to
participate;
b. Activities that are intended to instill its core values into collegiate men:
friendship, knowledge, service, morality, and excellence; and
c. Expressive conduct, including but not limited to political speech in support of
then-President Trump on January 21, 2017, following his inauguration.
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12. The Chapter has standing to bring this action based on injuries it suffered itself, as
well as injuries suffered by its members, who are or were students at the University at any time
between January 21, 2017 until present.
13. Ronnie D. Green, in his Individual Capacity, is a person that resides within the
state of Nebraska.
14. Ronnie D. Green, in his Official Capacity, is employed as the Chancellor of the
University, a position where he serves as the University’s chief executive officer and oversees,
directs, and supervises all subordinate University employees.
15. Andrea Barefield, in her Individual Capacity, is a person that resides within the
state of Nebraska.
16. Andrea Barefield, in her Official Capacity, is employed as the Director of
Conduct and Community Standards for the University. As Director of Conduct and Community
Standards for the University, Barefield, among other duties, oversees the University’s
enforcement of its Student Code of Conduct with respect to student organizations such as the
Chapter.
JURISDICTION AND VENUE
17. Jurisdiction of this action is based on 28 U.S.C. § 1331 as it is brought pursuant to
the 42 U.S.C. § 1983, 28 U.S.C. § 1343(a)(3), and the Federal Declaratory Judgment Act, 28
U.S.C. § 2201(a) and § 2202.
18. Defendants are residents of the State in which this district is located and a
substantial part of the events or omissions giving rise to the claims occurred in the State in which
this districted is located, therefore venue is proper in this District pursuant to 28 U.S.C.
§ 1391(b).
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FACTUAL BACKGROUND
The 2017 Women’s March
19. On January 21, 2017 in Lincoln, Nebraska, approximately 3,000 to 4,000 people
participated in the Lincoln Women’s March (“Women’s March”), an event at which
demonstrators marched from the Student Union at the University’s city campus to Nebraska’s
Capitol building—a route that traveled past the Chapter House. The Women’s March’s purpose,
in part, was to express solidarity in opposition to then-President Donald Trump, who was
inaugurated the prior day, January 20, 2017.
20. Prior to the Women’s March, members of the Chapter decorated the Chapter
House with signs expressing the members’ support for then-President Trump. During the
Women’s March, members of the Chapter conducted their own political demonstration on the
Chapter House’s front lawn. During this demonstration, these members chanted various slogans
associated with then-President Trump, including “Trump, Trump, Trump.” Other individuals in
the vicinity may have also chanted certain phrases that were later attributed to the Chapter and its
members without substantiation.
21. Later that day, participants from the Women’s March contacted Chancellor Green
and other University officials and demanded that the University investigate the Chapter for
violating the University’s Title IX policies in connection with the Chapter’s members’
demonstration in support of then-President Trump. The participants’ complaints centered on
unsubstantiated rumors that had circulated via social media, which accused Fiji members of
chanting various other slogans associated with then-President Trump.
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22. In connection with the Women’s March participants’ complaints regarding the
Chapter’s members’ political demonstration, the University—at the direction of, with the
participation of, or through acquiescence by Chancellor Green and other University employees—
initiated a Title IX investigation into the Chapter. Whether this investigation was prompted by
the various slogans the Chapter’s members agree they chanted as set forth in paragraph 20, or
was prompted by the slogans the Chapter’s members were accused of chanting based on
unsubstantiated social media rumors as set forth in paragraph 21, the investigation was
undertaken in retaliation to the Chapter’s members’ political speech in support of then-President
Trump.
23. On January 26, 2017, Tami Strickman, the University’s Title IX Coordinator and
assistant to Chancellor Green, informed the Fiji Plaintiffs the University was initiating a Title IX
investigation into the Chapter.
24. On January 31, 2017, representatives of Fiji’s International Headquarters and of
the Housing Corporation attended a meeting with Vice Chancellor Franco, Dean of Students
Matt Hecker, Head of Greek Affairs Linda Schwartzkopf, and Tami Strickman. At the
beginning of the meeting, Vice Chancellor Franco informed the Housing Corporation
representatives and International Headquarters representatives he had already decided the
Chapter should be suspended for between 3 and 4 years, based on the Chapter’s members’
speech during the Women’s March.
25. On February 7, 2017, the University issued a press release stating:
On Tuesday, Feb. 7, 2017, the University of Nebraska-Lincoln placed its chapter

of Phi Gamma Delta fraternity on interim suspension as an investigation into a
pattern of behavior within the chapter continues.
Juan N. Franco, vice chancellor for student affairs at Nebraska, issued the
following statement:
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“While behavior outside the fraternity during the Women’s March

attracted public attention, our investigation has shown broader
conduct issues at the fraternity. This conduct required our
immediate action, even while our investigation continues.”
26. On March 21, 2017, the University, Fiji’s International Headquarters, and the
Housing Corporation entered into a Chapter Rehabilitation Plan (the “Rehabilitation Plan”) to
address the Chapter’s disputes with the University. The Rehabilitation Plan announced, in its
introduction, the circumstances that preceded its execution:
It is understood that of primary concern to the chapter are hazing, parties/social

gatherings hosted off-campus, with alcoholic beverages being provided to minors,
occurring at locations other than establishments properly licensed to sell and serve
alcoholic beverages. These parties are informal and unofficial in nature, that is,
they are planned outside of the formal event planning structure of the chapter. As
such, by design they are not in compliance with the risk management strategies of
the fraternity. Therefore, the chapter will educate its members on the Fraternity’s
Risk Management Policy (RMP), will inform members that these types of events
are violations of the RMP, and will discipline any members who plan or
participate in such events.
Absent from this statement is any mention of the Women’s March or allegedly pending Title IX
investigation.
27. Also on March 21, 2017, the University issued a press release that conveyed a
different message. The release, in relevant part, represented that:
The University of Nebraska-Lincoln has suspended its chapter of Phi Gamma

Delta fraternity until May 2020, Vice Chancellor for Student Affairs Juan N.
Franco said today.
The suspension follows a university investigation that uncovered a pattern of

behavior and a series of instances within the fraternity in violation of the Student
Code of Conduct, Franco said. The behavior included reckless alcohol use, hazing
and inappropriate sexually based behavior, including a pattern of sexually
harassing conduct.
The conduct occurred in multiple incidents at various points in time over the
course of recent academic terms. While not the focal point of the suspension,
comments made by Fiji members Jan. 21 outside the fraternity house during a
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women’s march were consistent with the pattern of sexually harassing conduct
evident in multiple other incidents.
The University’s statement regarding the Chapter’s “inappropriate sexually based behavior,
including a pattern of sexually harassing conduct,” misrepresented that the Rehabilitation Plan
only contemplated Fiji’s alleged alcohol policy violations. “Inappropriate sexually based
behavior” and “sexually harassing conduct” are charges that involve moral turpitude and
depravity, and are not equivalent or comparable to violations of the University’s alcohol policy.
28. As announced on March 21, 2017, the suspension was to last until May 2020.
The University claimed it rescinded the Chapter’s suspension in the spring semester of 2019.
But the University’s retaliation against the Chapter continued beyond that date.
Spring Semester 2021
29. By January 1, 2021, the Chapter believed itself to be a fully-recognized student
organization at the University, not under any University-imposed suspension, probation, or other
disciplinary supervision.
30. On February 17, 2021, the Fiji Plaintiffs received a notice from the University
stating that UNLPD responded to the Chapter House on January 23, 2021. The notice claimed
the University possessed information that the Chapter violated the Student Code of Conduct by:
 Possessing or consuming alcoholic beverages while under the age of

twenty-one (21), except when expressly permitted by law.
 Making alcoholic beverages available on premises that the students

control when they know that underage individuals are likely to be present,
the beverages are left in a place easily accessible to underage individuals,
and some or all of the beverages are consumed by underage individuals.
 Failing to Comply with any University or Campus Policy, Rule or

Regulation: Violation of any University policy, rule, or regulation
published in hard copy or available electronically on any University
website. Electronic copy published on any University website shall
supersede hard copy. Specifically: UNL COVID-19 face covering, social
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distancing, and gathering guidelines found in the Cornhusker Commitment

and at https://covid19.unl.edu/.
31. A Chapter undergraduate representative, the Chapter’s attorneys, and a
representative from Fiji’s International Headquarters attended a hearing via Zoom with a
representative of the University’s Student Conduct Office on March 5, 2021. At the hearing, the
Student Conduct Office representative, who at all times was working at the direction of Director
Barefield, relayed that a UNLPD officer claimed to have witnessed, through a basement egress
window, Chapter members listening to loud music and drinking alcohol.
32. After the March 5, 2021 informal hearing, the Student Conduct Office
representative asked the representative of Fiji’s International Headquarters to stay on the Zoom
call after the Chapter’s undergraduate representative and the Chapter’s attorneys signed off.
33. Soon after the March 5, 2021 informal hearing, the Chapter’s attorneys met with
the Fiji International Headquarters representative that stayed on the Zoom call. During that
meeting, Fiji’s International Headquarters representative relayed that the University’s
representative stated the University would likely levy a sanction that would place the Chapter on
a “probation” lasting through the end of the Spring 2021 semester.
34. The following week, the University’s Student Conduct Office representative again
contacted the same Fiji International Headquarters representative. At that time, the University
representative stated he spoke with his supervisor, who told him the Chapter was “a bad
fraternity,” citing events associated with the 2017 Women’s March, and therefore the Chapter’s
punishment should be enhanced.
35. On March 10, 2021, the Chapter received the University’s proposed
administrative resolution to its investigation of the alleged January 23, 2021 party. The proposed
administrative resolution, which was an attempt at negotiating a settlement of the charges, asked
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the Chapter to accept a punishment that placed the Chapter on probation through December 18,
2021. The Chapter declined the proposed administrative resolution and proceeded to a formal
hearing with the University.
36. Prior to the hearing, the Chapter inspected the evidence the University intended to
present against the Chapter. The evidence consisted of the testimony of two UNLPD officers
and bodycam footage recorded by only one of the two officers. The Student Conduct Office
informed the Chapter that the other officer must have forgotten to turn on his bodycam.
37. In sum, the bodycam footage shows an officer knocking on the Chapter House’s
front door. After no one answered his knock, the officer walked to the side of the Chapter House
and lowered his body into a basement egress window. The footage does not show that anyone
inside the Chapter House was drinking. Further, the officer responded to members of a
neighboring fraternity house closing their windows by yelling “yeah, close that window, f------
d----- bags.”
38. The formal hearing took place on May 27, 2021. At the hearing, the University’s
primary evidence derived from the UNLPD officer that recorded the bodycam footage. He
testified that his bodycam footage did not show that any alcohol was consumed at the Chapter
House on January 23, 2021. Instead, he claimed he personally witnessed alcohol in the room.
He also said he was able to infer, based on his training and experience, that alcohol was being
consumed.
39. On June 2, 2021, the Chapter received a letter formally announcing the
University’s decision. The letter stated the Chapter had violated the University’s Student Code
of Conduct by:
 Possessing or consuming alcoholic beverages while under the age of

twenty-one (21), except when expressly permitted by law.
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 Making alcoholic beverages available on premises that the students

control when they know that underage individuals are likely to be present,
the beverages are left in a place easily accessible to underage individuals,
and some or all of the beverages are consumed by underage individuals.

supersede hard copy. Specifically: UNL COVID-19 face covering, social
distancing, and gathering guidelines found in the Cornhusker Commitment
and at https://covid19.unl.edu/.
The letter stated the Chapter was thereafter placed on a probationary period until December 18,
2021, a period extending to the exact date contemplated by the proposed administrative
resolution. This proposed administrative resolution, as discussed above, was enhanced by the
Student Conduct Office because the Office thought the Chapter was a “bad fraternity” due to its
members’ demonstration at the Women’s March.
Fall Semester 2021
40. In the early morning hours of August 24, 2021, rumors began circulating on social
media that stated, among other things, that a female University freshman was sexually assaulted
at the Chapter House. The Fiji Plaintiffs are unaware of who initiated these rumors. To the Fiji
Plaintiffs’ knowledge, these rumors are untrue.
41. Later on August 24, 2021, UNLPD posted on its public-facing website that it was
investigating a “SEX OFFENSE-RAPE” that allegedly occurred at the Chapter House.
42. On the night of August 24, 2021, hundreds of demonstrators, propelled by
unsubstantiated and in some cases completely false rumors circulating on social media, gathered
in front of the Chapter House. Demonstrators leveled specific threats—including death threats—
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at the Chapter’s members based on the demonstrators’ belief in the unverified rumors. These
demonstrations continued for multiple nights.
43. On August 25, 2021, Chancellor Green stated on Twitter, in part:
We take any allegation of sexual assault very seriously, and the UNL Police
Department began investigating this incident as soon as the report came in. That
investigation remains open and is ongoing.
The Phi Gamma Delta fraternity at UNL is currently under probation for previous
violations of university policy. We are closing the fraternity house and suspending
operations of the Fiji chapter while this investigation is ongoing, due to potential
violations of that probation. This is the responsible action to take for everyone
involved.
Chancellor Green’s statement withheld the fact that the Chapter’s prior probation had nothing to
do with sexual misconduct.
44. On August 26, 2021, Chancellor Green made another statement which provided,
in relevant part:
Sexual assault is heinous and should never happen. I wish we lived in a world
where it didn’t.
We have taken a number of steps on our campus to prevent sexual assault, to help
ensure victims feel comfortable coming forward, to support survivors and to
investigate and address allegations of sexual misconduct.
This week, sexual assaults were reported to our UNL Police Department. And
they immediately began investigating each of them. My heart breaks at the
thought of any young person facing that trauma at the beginning of their
collegiate experience, or at any time they are a member of our UNL family.
I know that our UNL Police Chief, Hassan Ramzah, also takes this very seriously
and uses a trauma-informed approach in working with the victims and thoroughly
investigating each case as he’s doing right now.
We all wish that resolution of these cases could come swiftly. But often, it’s not
as simple as “locking them up.” The guarantee of due process is part of our
Constitution and core to who we are as Americans.
Our law enforcement officials, our Title IX officials, are bound by clear legal
guidance and process. As a university, we have a responsibility to follow that
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defined process and protect the rights of all involved — even while we move as
quickly as we can.
And I know that the end of that legal process sometimes just doesn’t feel like
justice. I get that. I understand many of you are angry. I’m angry too.
We will always work harder and to do better to help prevent sexual assault. And I
hope all of you will as well. If you see something, say something. Stick together.
Be safe. Take care of one another.
And if you’re a young man who somehow thinks this is cool — think again. It is
unacceptable. No means no. And if you violate that, and we can prove it — you
have no place on our campus.
(emphasis added.)
45. Immediately after UNLPD announced its investigation, undergraduate members
of the Chapter reached out to UNLPD to assist with its investigation into the alleged sexual
assault. The members invited UNLPD to the house to conduct interviews and collect evidence.
Only after this invitation did any UNLPD officers actually visit the Chapter House for the
purpose of investigating the allegations of sexual assault.
46. The Chapter members’ parents, upset with the threats their sons were receiving at
the hands of their fellow University students, reached out to various levels of the University’s
administration, including to Chancellor Green. The parents requested a meeting with Chancellor
Green to discuss their sons’ safety. The only message they received in return was that if
Chancellor Green met with the parents, there would have to be lawyers present.
47. On August 25, 2021, Leigh Thiedeman, the University’s Director of Fraternity &
Sorority Life, sent an email to parents of the Chapter’s members. The email stated, in part:
Dear parents and family members of Phi Gamma Delta:
The Phi Gamma Delta (Fiji) fraternity at UNL has been temporarily suspended for
violations of university policy. In cooperation with the local Housing Corporation
and the national Phi Gamma Delta organization, the fraternity house will close
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Sunday, August 29, 2021, and chapter operations will be suspended during the
ongoing investigation.
This statement, that the University had received the Housing Corporation and Fiji’s International
Headquarters’ approval to close the Chapter, was untrue.
48. On August 31, 2021, the Chapter received a notice from the University’s Student
Conduct Office stating it received a report from UNLPD regarding an incident occurring on or
about August 23, 2021 at the Chapter House in which underage individuals had access to and
consumed alcohol during a party. The notice stated the University suspected the Chapter had
violated the following provisions of the University’s Student Code of Conduct:
 Misuse of Alcoholic Beverages, which includes, but is not limited to:
o Using, possessing, or providing alcoholic beverages on campus

without University authorization.
o Possessing or consuming alcoholic beverages while under the age

of twenty-one (21), except when expressly permitted by law.
 Providing Alcoholic Beverages to Underage Students at Off-Campus

Parties and Events
o Providing alcoholic beverages to underage individuals.

Parties and Events, which includes, but is not limited to:
o Making alcoholic beverages available on premises that the students

control when they know that underage individuals are likely to be
present, the beverages are left in a place easily accessible to
underage individuals, and some or all of the beverages are
consumed by underage individuals.
 Engaging in, or attempting to engage in, behavior that may cause harm to
an individual or property

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supersede hard copy.
 Abuse of University Disciplinary Proceedings, which includes but is not

limited to:
o Failing to comply with the University response(s) imposed under

the Student Code.
The notice stated the University would adjudicate these charges via a formal hearing. The notice
did not include any allegation regarding sexual misconduct.
49. The formal hearing, led by Director Barefield, took place on September 17, 2021.
The University’s primary evidence at the hearing derived from the testimony of UNLPD officers
that responded to reports of a party at the Chapter House on the night of August 23, 2021. The
officers testified they interviewed numerous individuals—both members of the Chapter and
unaffiliated students. The officers’ testimony described a party that took place off campus (one
that was co-hosted between the Chapter and another fraternity), and a subsequent party that took
place at the Chapter House. Much of this testimony derived from UNLPD interviews with
members of the Chapter that only occurred as a result of the Chapter’s members’ invite that
UNLPD come to the Chapter House to investigate the alleged sexual assault. The officers
testified that many of the individuals they interviewed expressed that they also attended other
fraternity parties that night.
50. At the hearing, the University’s Conduct Board announced its finding that the
Chapter was guilty of all charges except one: Engaging in, or attempting to engage in, behavior
that may cause harm to an individual or property. Regarding that charge, the Conduct Board
stated the University presented no evidence that the Chapters or its members engaged or
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attempted to engage in any conduct that night that posed the danger of causing harm to
individuals or property.
51. On September 22, 2021, the Chapter received a letter formally announcing the
Conduct Board’s decision. The letter stated the Chapter had violated the University’s Student
Code of Conduct by its:
o Using, possessing, or providing alcoholic beverages on campus

without University authorization.
o Possessing or consuming alcoholic beverages while under the age

of twenty-one (21), except when expressly permitted by law.

Parties and Events
 Providing alcoholic beverages to underage individuals.

Parties and Events, which includes, but is not limited to:
o Making alcoholic beverages available on premises that the students

control when they know that underage individuals are likely to be
present, the beverages are left in a place easily accessible to
underage individuals, and some or all of the beverages are
consumed by underage individuals.

supersede hard copy.
 Abuse of University Disciplinary Proceedings, which includes but is not

limited to:
o Failing to comply with the University response(s) imposed under

the Student Code.
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52. On October 12, 2021, Chancellor Green released the following announcement:
Lincoln, Nebraska, Oct. 12, 2021 — On Aug. 25, Chancellor Ronnie Green
announced the temporary suspension of the Phi Gamma Delta (Fiji) fraternity,
pending an investigation into violations of an existing probation. The University
Conduct Board determined that violations of the Student Code of Conduct did
occur and has suspended the Fiji fraternity through 2026. During this time, the
fraternity is no longer recognized by the university.
The fraternity house at 1425 R St. is private property and is not under university
control. Any private use of the building is determined by the Phi Gamma Delta
housing corporation.
A separate criminal investigation by the University Police Department into the

reported sexual assault is open and ongoing.
In UNL’s continuing efforts to prevent sexual misconduct and to support victims,

two weeks ago Chancellor Green announced [news.unl.edu] a permanent
Chancellor’s Commission for the Prevention of Sexual Misconduct, building on
the work of the campus-wide Collaborative in 2019.
The university has also committed to [news.unl.edu] additional staffing and

support for the Center for Advocacy, Response and Education (CARE); creating a
director of education on sexual misconduct; improving mandatory training for
students, faculty and staff; and repurposing Neihardt Hall into a one-stop resource
that includes new, more accessible facilities for student advocacy and support
services.
53. Chancellor Green’s statement did not specify the charges for which the University
suspended the Chapter, nor did it mention that the Student Conduct Board found the University
failed to demonstrate the Chapter engaged in or attempted to engage in behavior that posed a
danger to individuals or property. Moreover, despite other fraternities’ involvement with the
events of August 23, 2021 and violations of the University’s alcohol policies, Chancellor Green
did not make any public statements on disciplinary measures taken by the University against
those fraternities, nor did he publicly insinuate they were involved in an alleged sexual assault.
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54. To the Fiji Plaintiffs’ knowledge, no one has been charged criminally or under the
University’s Student Code of Conduct with a sexual assault in connection with the alleged
August 23, 2021 party.
55. To the Fiji Plaintiffs’ knowledge, since UNLPD took interviews of the Chapter’s
members at their invitation, UNLPD has not contacted the Chapter or the Housing Corporation’s
leadership in connection with any ongoing criminal investigation.
56. To the Fiji Plaintiffs’ knowledge, the University’s Title IX Office has not
contacted the Chapter or the Housing Corporation’s leadership in connection with any ongoing
Title IX investigation.
Chancellor Green’s Supervisory Role
57. At all times relevant to the preceding paragraphs’ statements, Chancellor Green
served as the University’s Chancellor—its chief executive officer—and Vice Chancellor Franco
and Director Barefield served as his subordinates.
58. During the times relevant to this action, Chancellor Green directed or was aware
of Vice Chancellor Franco and Director Barefield’s actions taken against the Chapter, dating
back at least to the Women’s March.
59. Chancellor Green, through his interactions with the Fiji Plaintiffs since the
Women’s March, was placed on notice of his subordinates’ unconstitutional retaliation against
the Chapter for its members’ constitutionally-protected political speech.
60. Chancellor Green’s notice of this unconstitutional conduct includes but is not
limited to conversations, letters, and emails he exchanged with representatives of the Fiji
Plaintiffs since the Women’s March, in which the Fiji Plaintiff representatives protested the
University’s retaliation against the Chapter.
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61. Moreover, emails obtained by the Housing Corporation in connection with a
public records request pursuant to Neb. Rev. Stat. §§ 84-712 through 84-712.09 demonstrate that
Chancellor Green had notice of this unconstitutional conduct because he was in close contact
with and directing the actions of his subordinates, including Vice Chancellor Franco, when the
University decided to investigate and prepared its retaliation against the Chapter immediately
after the Women’s March.
62. Chancellor Green and his leadership promulgated an official policy or unofficial
custom by which the Chapter, for engaging in constitutionally-protected political speech, was
known to be a “bad fraternity,” and subject to enhanced penalties based on that status.
63. Chancellor Green failed to adequately train or supervise his subordinates in a
manner sufficiently calculated to prevent them from violating the Chapter’s constitutional rights.
Specifically, the manner in which Chancellor Green’s subordinates were trained caused them to
believe it to be proper that a student organization, such as the Chapter, could or should be subject
to continued punishment for engaging in constitutionally-protected political speech.
Director Barefield’s Supervisory Role
64. At all times relevant to the preceding paragraphs’ statements, Director Barefield
served as the University’s Director of Student Conduct and Community Standards.
65. During the times relevant to this action, Director Barefield directed or was aware
of her subordinates’ actions taken against the Chapter, dating back at least to the Spring Semester
of 2021.
66. Director Barefield, through her interactions with the Fiji Plaintiffs during these
times, was placed on notice of her subordinates’ unconstitutional retaliation against the Chapter
for its constitutionally-protected political speech.
20
67. Director Barefield’s notice of this unconstitutional conduct includes but is not
limited to conversations, letters, and emails she exchanged with representatives of the Fiji
Plaintiffs, in which the Fiji Plaintiff representatives protested the University’s retaliation against
the Chapter.
68. Director Barefield’s leadership within the Office of Student Conduct and
Community Standards promulgated an official policy or unofficial custom by which the Chapter,
for engaging in constitutionally-protected political speech, was known to be a “bad fraternity,”
and subject to enhanced penalties based on that status.
69. Director Barefield failed to adequately train or supervise her subordinates in a
manner sufficiently calculated to prevent them from violating the Chapter’s constitutional rights.
Specifically, the manner in which Director Barefield’s subordinates were trained caused them to
believe it to be proper that a student organization, such as the Chapter, could or should be subject
to continued punishment for engaging in constitutionally-protected political speech.
CLAIM I
42 U.S.C. 1983
Violation of First Amendment Right to Freedom of Speech
(The Chapter against Chancellor Green and Director Barefield in their Individual and
Official Capacities)
70. Plaintiffs incorporate the preceding paragraphs as if fully set forth below.
71. Acting as University officials, and therefore under color of state law, Chancellor
Green and Director Barefield violated the Chapter and its members’ clearly established
constitutional right to freedom of speech.
72. Both the political speech that took place in the Women’s March as well as the
political speech by the Chapter’s members is protected by the First Amendment. However, only
21
those associated with the Chapter were punished for their political speech due to Chancellor
Green, Vice Chancellor Franco, and their subordinates favoring the political speech associated
with the Women’s March and disfavoring the Chapter’s members’ speech in support of then-
President Trump.
73. The Chapter’s members’ political speech on or around January 21, 2017 played a
part or a role in Chancellor Green and Vice Chancellor Franco’s decision to “investigate” the
Chapter and its members.
74. In March 2017, Chancellor Green and Vice Chancellor Franco further retaliated
against the Chapter by declaring that the Chapter was suspended until May 2020 following a
University “investigation” that concluded the Chapter had engaged in “a pattern of behavior in
violation of the Student Code of Conduct.” These alleged “violations” found by the University
were pretext for unconstitutional viewpoint-based discrimination.
75. The Chapter’s political speech on or around January 21, 2017 played a part or a
role in the Chancellor Green and Director Barefield’s decision to revoke its recognition of the
Chapter as a student organization in October 2021. Specifically, had the Chapter’s punishment
not been enhanced in the manner described in paragraphs 34 through 39, the Chapter would not
have been on probation in the Fall semester of 2021, and therefore the University would have no
basis to enact the 5 year suspension, discussed above.
76. Chancellor Green, Vice Chancellor Franco, and Director Barefield’s actions, as
well as their policies, practices, and/or customs, on their face and as applied to the Chapter,
violate and violated the Free Speech Clause of the First Amendment to the Constitution of the
United States as applied to the States through the Fourteenth Amendment, and unlawfully chill,
deter and restrict, and chilled, deterred and restricted the Chapter’s protected speech rights.
22
77. Chancellor Green, Vice Chancellor Franco, and Director Barefield’s actions were
motivated by malicious motive or intent; or were made with reckless indifference to the rights of
the Chapter.
78. Chancellor Green had actual knowledge of Vice Chancellor Franco and Director
Barefield’s violations of the Chapter’s rights and Chancellor Green directed, participated in, or
acquiesced in those violations.
79. Chancellor Green, with deliberate indifference to the consequences, established
and maintained a policy, practice or custom which directly caused the violation of the Chapter’s
rights by Vice Chancellor Franco and Director Barefield.
80. As a direct result of Chancellor Green, Vice Chancellor Franco, and Director
Barefield’s violations of the Chapter’s First Amendment right to the freedom of speech, the
Chapter has suffered harm and is entitled to recover injunctive, prospective, compensatory,
nominal, and punitive damages, as well as attorney’s fees and costs for bringing this action to
enforce its constitutional rights, in an amount to be determined at trial.
CLAIM II
42 U.S.C. § 1983
Violation of First Amendment Right to Freedom of Association
(The Chapter against Chancellor Green and Director Barefield in their Individual and
Official Capacities)
82. Acting as University officials, and therefore under color of state law, Chancellor
Green and Director Barefield violated the Chapter’s clearly established constitutional right to
freedom of association.
23
83. The Chapter engaged in expressive activities, discussed above, that are protected
under the First Amendment, applicable to States under the Fourteenth Amendment.
84. Chancellor Green and Director Barefield, in retaliation for the Chapters’
members’ exercise of their First Amendment right to the freedom of speech, infringed upon the
Chapter’s First Amendment right to freedom of association by depriving it of its status as a
recognized organization, which is not supported by a rational, let alone compelling, government
interest and the actions taken against the Chapter were not narrowly tailored or the least
restrictive means to accomplish a compelling or permissible governmental interest.
85. The Chapter’s right to associate was impeded by Chancellor Green and Director
Barefield’s withdrawal of its official recognition as a student organization in the following
manner:
a. The Chapter is no longer able to recruit new members through University’s
recruiting services;
b. The Chapter is no longer able to participate in homecoming activities as an
organization;
c. The Chapter is no longer able to participate in intramurals as an organization;
d. The Chapter is no longer able to house freshman members in its fraternity house,
and those freshman members are required to live in University Housing under the
University’s On-campus Residency Requirement, unless they meet another
express exemption under the University’s policy; and
e. The Chapter is no longer able to utilize the services available through the Office
of Fraternity and Sorority Life.
24
86. The Chapter has been precluded from associating as a student organization
because Chancellor Green and Director Barefield determined Fiji had violated its probationary
status by breaching the University’s alcohol policies, a mere pretext for their retaliation against
the Chapter’s members’ prior political speech.
87. As stated above, the actions taken by Chancellor Green and Director Barefield
were part of an ongoing effort to retaliate against and punish the Fiji Plaintiffs’ for the Chapter’s
members’ political speech in support of then-President Trump that occurred on or around
January 21, 2017 following the presidential inauguration.
88. The Chapter’s members’ political speech on or around January 21, 2017 played a
part or a role in Chancellor Green and Director Barefield’s decision to revoke its recognition of
the Chapter as a student organization.
89. Had the Chapter’s punishment not been enhanced in the manner described in
paragraphs 34 through 39, the Chapter would not have been on probation in the Fall semester of
2021, and therefore the University would have no basis to enact the 5 year suspension, discussed
above.
90. Chancellor Green and Director Barefield’s actions were motivated by malicious
motive or intent, or were made with reckless indifference to the rights of the Chapter and its
members.
91. As a direct result of Chancellor Green, Vice Chancellor Franco, and Director
Barefield’s violations of the Chapter’s First Amendment right to the freedom of association, the
Chapter has suffered harm and is entitled to recover injunctive, prospective, compensatory,
nominal, and punitive damages, as well as attorney’s fees and costs for bringing this action to
enforce its constitutional rights, in an amount to be determined at trial.
25
CLAIM III
42 U.S.C. § 1983
Violation of the Fourteenth Amendment with Respect to the Deprivation of Property and
Liberty Rights without Due Process
(The Housing Corporation against Chancellor Green in his Individual Capacity)
93. Acting as a University official, and therefore under color of state law, Chancellor
Green deprived the Housing Corporation of its clearly established constitutional right to
procedural due process.
94. Chancellor Green deprived the Housing Corporation of its property interest in its
goodwill and damaged the Housing Corporation’s good name, reputation, and honor, by the
publishing of stigmatizing statements insinuating that crimes of moral turpitude had occurred at
Fiji’s house without providing the Housing Corporation the opportunity to clear its good name.
95. Chancellor Green made stigmatizing statements that insinuated the Fiji Plaintiffs
were guilty of and/or being investigated for and/or had been punished based on sexual assault
charges rather than violations of the University’s alcohol policy.
96. Sexual assault is a crime of moral turpitude and depravity. Sexual assault is not
equivalent or comparable to a violation of the University’s alcohol policy.
97. Chancellor Green’s actions deprived the Housing Corporation of its goodwill, a
recognized property interest in Nebraska, and damaged the Housing Corporation by publishing
the foregoing stigmatizing statements without providing the Housing Corporation due process.
98. Chancellor Green denied the Housing Corporation the opportunity to demonstrate
its innocence or lack of wrongdoing before Chancellor Green irreparably damaged its goodwill
and reputation.
26
99. Chancellor Green’s actions were motivated by malicious motive or intent; or were
made with reckless indifference to the rights of the Housing Corporation.
100. The Housing Corporation was also damaged by Chancellor Green’s actions
because students associated with the Chapter moved out of the house because of his stigmatizing
statements and the damage to the Housing Corporation’s goodwill in its operations and services.
101. The Housing Corporation is entitled to compensatory damages for past and future
harm, including past and future room and board payments, nominal damages, punitive damages,
and attorney’s fees and costs for bringing this action to enforce its constitutional rights, in an
amount to be determined at trial.
CLAIM IV
42 U.S.C. § 1983
Violation of the Fourteenth Amendment with Respect to the Deprivation of Property and
Liberty Rights without Due Process
(The Chapter against Chancellor Green in his Individual Capacity)
103. Acting as a University official, and therefore under color of state law, Chancellor
Green deprived the Chapter of its clearly established constitutional right to procedural due
process.
104. Chancellor Green deprived the Chapter of its property interest in its goodwill and
damaged the Chapter’s good name, reputation, and honor, by the publishing of stigmatizing
statements insinuating that crimes of moral turpitude had been committed by the Chapter without
providing the Chapter the opportunity to clear its good name.
27
105. Chancellor Green made stigmatizing statements that insinuated the Chapter and
its members were guilty of and/or being investigated for and/or had been punished based on
sexual assault charges rather than violations of the University’s alcohol policy.
106. Sexual assault is a crime of moral turpitude and depravity. Sexual assault is not
equivalent or comparable to a violation of the University’s alcohol policy.
107. Chancellor Green deprived the Chapter of its goodwill, a recognized property
interest in Nebraska, and damaged the good name, reputation and honor of the Chapter by
publishing the foregoing stigmatizing statements without providing the Chapter due process.
108. Chancellor Green denied the Chapter the opportunity to demonstrate its innocence
or lack of wrongdoing before Chancellor Green irreparably damaged its goodwill and good
name, reputation, and honor.
109. Chancellor Green’s actions were motivated by malicious motive or intent; or were
made with reckless indifference to the rights of the Chapter.
110. The Chapter was also damaged by Chancellor Green’s actions because students
associated with the Chapter moved out of the house, broke their room and board agreement
and/or ceased paying their membership dues, because of Chancellor Green’s stigmatizing
statements and the damage to the Chapter’s goodwill in its operations and services.
111. The Chapter is entitled to compensatory damages for past and future harm,
including past and future room and board payments and membership dues, nominal damages,
punitive damages, and attorney’s fees and costs for bringing this action to enforce its
constitutional rights, in an amount to be determined at trial.
28
CLAIM V
Declaratory Judgment under the Federal Declaratory Judgment Act
(The Chapter and Housing Corporation against Chancellor Green and Director Barefield
in Their Individual and Official Capacities)
113. If Chancellor Green and Director Barefield continue to take actions in violation of
the Fiji Plaintiffs’ constitutional rights, the Fiji Plaintiffs will suffer immediate coercive
consequences of the continuing violation and abuse of their constitutional rights.
114. Declaratory judgment finding that Chancellor Green and Director Barefield have
acted unlawfully and in violation of the Fiji Plaintiffs’ constitutional rights will resolve the
dispute between the parties and prevent future harm to the Fiji Plaintiffs.
115. Chancellor Green and Director Barefield’s unconstitutional actions justify the
Court’s provision of prospective injunctive relief. Specifically, the Chapter’s reinstatement as a
recognized student organization at the University, as well as any other prospective injunctive
relief the Court sees fit, will resolve the dispute between the parties and prevent future harm to
the Fiji Plaintiffs.
116. There is an actual controversy between the parties having adverse legal interests
of sufficient immediacy and reality to warrant the issue of a declaratory judgment under the
Federal Declaratory Judgment Act, 28 U.S.C. § 2201(a) and § 2202.
REQUEST FOR JURY TRIAL
117. Plaintiffs request trial by jury on all claims so triable.
29
WHEREFORE, Lambda Nu Association of Phi Gamma Delta, Inc. and the Lambda Nu
Chapter of the Phi Gamma Delta Fraternity requests the foregoing relief.
DATED this 18th day of February, 2022.
LAMBDA NU ASSOCIATION OF PHI

GAMMA DELTA, INC., and THE LAMBDA
NU CHAPTER OF THE PHI GAMMA DELTA
FRATERNITY, Plaintiffs,
By: /s/Brian J. Brislen

Brian J. Brislen, #22226
LAMSON DUGAN & MURRAY LLP
10306 Regency Parkway Drive
Omaha, NE 68114
Tel: (402) 397-7300; Fax: (402) 397-7824
[email protected]
30

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4:22-cv-03023-JMG-SMB Doc # 1 Filed: 02/18/22 Page 1 of 30 - Page ID # 1

IN THE UNITED STATES DISTRICT COURT

LAMBDA NU ASSOCIATION OF PHI Case No.

RONNIE D. GREEN, in his Individual and

her Individual and Official Capacities, state and allege as follows:

NATURE OF THE CASE

1. This is a civil action against Chancellor of the University of Nebraska – Lincoln

statements, investigations, and actions taken against the Fiji Plaintiffs.

in part, a demonstration in opposition to then-President Trump. On or about the same time,

celebrated the presidential inauguration on the Fiji’s Plaintiffs’ property.

a. Investigating the Chapter and its members;

b. Suspending the Chapter;

d. Failing to follow the University’s Student Code of Conduct;

e. Failing to follow the University’s Title IX policy regarding amnesty for

alcohol violations if a student organization cooperates with an investigation;

fraternity,” in reference to the expressive political speech by the Chapter’s

members around the time of the 2017 Women’s March;

g. Making stigmatizing public statements insinuating the Chapter and its

members were guilty of sexual assault;

h. Insinuating the Chapter’s violations of the University’s alcohol policy were

related to sexual assault or were in fact violations of the University’s policy

regarding sexual misconduct, which they were not;

i. Depriving the Chapter and its members of their ability to associate as a

recognized student organization; and

reputation without due process.

University’s Title IX policy.

and Director Barefield’s retaliatory actions and misleading public statements.

Association, and for violating their right to Procedural Due Process.

7. The Chapter’s members that were subjected to Chancellor Green’s retaliatory

9. The Housing Corporation is a business entity incorporated pursuant to the laws

Fiji’s Chapter House (“Chapter House”).

10. The Chapter is a fraternal organization whose membership is made up of the

but not limited to:

a. Semesterly fundraisers in which all the Chapter’s members are required to

friendship, knowledge, service, morality, and excellence; and

c. Expressive conduct, including but not limited to political speech in support of

then-President Trump on January 21, 2017, following his inauguration.

between January 21, 2017 until present.

directs, and supervises all subordinate University employees.

16. Andrea Barefield, in her Official Capacity, is employed as the Director of

JURISDICTION AND VENUE

17. Jurisdiction of this action is based on 28 U.S.C. § 1331 as it is brought pursuant to

U.S.C. § 2201(a) and § 2202.

The 2017 Women’s March

participated in the Lincoln Women’s March (“Women’s March”), an event at which

inaugurated the prior day, January 20, 2017.

members without substantiation.

demonstration in support of then-President Trump. The participants’ complaints centered on

chanting various other slogans associated with then-President Trump.

undertaken in retaliation to the Chapter’s members’ political speech in support of then-President

investigation into the Chapter.

24. On January 31, 2017, representatives of Fiji’s International Headquarters and of

representatives and International Headquarters representatives he had already decided the

speech during the Women’s March.

25. On February 7, 2017, the University issued a press release stating:

On Tuesday, Feb. 7, 2017, the University of Nebraska-Lincoln placed its chapter

“While behavior outside the fraternity during the Women’s March

introduction, the circumstances that preceded its execution:

It is understood that of primary concern to the chapter are hazing, parties/social

different message. The release, in relevant part, represented that: