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HomeMy WebLinkAbout3/11/2026 Item 4b, Walker, K.Lambda Chi Alpha 1264 Foothill Blvd R-4 2025 Events Conditional Use Permit: Max occupancy of 48 people # of Guests Event Date Classiflcation Address Pg Ref Type of Event 2/6 Residence 12 Hathway Ave 84 Sorority exchange with Alpha Chi Omega 100 2/7 Chapter 1264 Foothill Blvd 125 Octoberfest party 200 2/8 Chapter 1264 Foothill Blvd 143 Pinning Party 2/13 Residence 12 Hathway Ave 192 Sorority exchange with Gamma Phi Beta 150 2/14 Chapter 1264 Foothill Blvd 231 Angels/Devils – Valentine’s Party 2/20 Residence 12 Hathway Ave 331 Sorority exchange with Sigma Kappa 150 2/22 Chapter 1264 Foothill Blvd 348 Call of Dayge – Camoufiage theme party 2/28 Chapter 1264 Foothill Blvd Sorority exchange Alpha Phi before open party change location to: redacted address on pg. 459 150 2/28 Chapter 1264 Foothill Blvd 463 Open Party Jersey Shore - polos and leopard change location to: redacted address on pg. 464 100 4/7 4/4 Residence 12 Hathway Ave 626 Lambda Academy prep school party 4/19 Chapter 1264 Foothill Blvd Sorority exchange AOII before open party 100 4/19 Chapter 1264 Foothill Blvd 793 Cowboy/cowgirl themed party 100 4/25 Chapter 1264 Foothill Blvd 880 Yacht Party change location to: redacted address on pg. 881 100 5/3 Chapter 1264 Foothill Blvd 920 Kentucky Derby Party change location to: redacted address on pg. 921 5/22 Chapter 1264 Foothill Blvd 1044 Sorority exchange with Sigma Kappa Biker Bash change location to: redacted address on pg. 1045 100 5/24 Chapter 1264 Foothill Blvd 1074 Beach themed party (Citation at 12 Hathway – 200 ppl) 100 5/31 Chapter 1264 Foothill Blvd 1148 USA Party – red, white & blue 6/7 Chapter 1264 Foothill Blvd Sorority exchange before open party – 241 Hathway Ave 100 6/7 Chapter 1264 Foothill Blvd 1176 Party in the USA (Citation 241 Hathway – 100 ppl) change location to 241 Hathway Avenue, zoned R-1 residential (address inadvertently left unredacted by Cal Poly) 100 10/10 Chapter 1264 Foothill Blvd 1335 Welcome Back party 10/16 Residence 12 Hathway Ave 1357 Sorority exchange AXO formal 10/17 Chapter 1264 Foothill Blvd 1386 Sorority exchange Alpha Phi before open party 100 10/17 Chapter 1264 Foothill Blvd 1390 Country vs. Country Club party 10/23 Residence 12 Hathway Ave 1495 Sorority exchange with Kappa Kappa Gamma 100 10/31 Chapter 1264 Foothill Blvd 1562 shows Halloween party moved to 1264 Foothill Blvd 11/7 Chapter 1264 Foothill Blvd 1620 Sorority exchange Sigma Kappa before open party 100 11/7 Chapter 1264 Foothill Blvd 1656 Camo party Known satellite houses: 12 Hathway Ave (R-1) 171 Orange Dr (R-1) 253 Albert Dr (R-1) 285 Albert Dr (R-1) 220 Kentucky St (R-1) 241 Hathway Ave (R-1) CAL POLY 1��) Civil Rights & Compliance November 4, 2024 SENT VIA ELECTRONIC MAIL John Mezzapesa Interim Deputy Building Official Community Development, Building and Safety City of San Luis Obispo JMezzapekslocity. org Re: Cal Poly's Final Response to Public Records Act Request Dear Mr. Mezzapesa: Public Records Access Unit Civil Rights & Compliance Office Office: 805-756-6770 pra@calpoly.edu Cal Poly received your October 25, 2024, Public Records Act request for the following records: I was wondering if you would be willing to share if your records have any fraternity/sorority events registered at any of the following addresses to take place in the near future or within the last year: 1. 12 Hathway 2. 171 Orange 3. 132 California 4. 1218/1220 Bond 5. 1327 Foothill 6. 1684/1688 Mill 7. 281 Hathway 8. 1229 Fredericks 9. 260 Chaplin 10.348/350 Hathway 11.66 Rafael 12.2090 Hays 13. 1525 Slack 14.496 Kentucky/1350 Stafford 15.654/358 Graves 16. 146 Stenner 17.385 Chaplin 18.301 Hathway 1 GRAND AVENUE • SAN LUIS OBISPO • CALIFORNIA • 93407 • 805-756-6770 PRA@CALPOLY.EDU CAL POLY Civil Rights & Compliance Cal Poly has reviewed your request for records under Government Code §7922.535 and has determined that the records you seek are not public records and therefore are not subject to the California Public Records Act (Cal. Gov't Code §7920.530). The California Public Records Act (CPRA) provides access to public records, which is defined as "any writing containing information relating to the conduct of the public's business." Cal. Govt. Code §7920.530. The CPRA is designed "to ensure public access to vital information about the government's conduct of its business." City of San Jose v. Superior Court (1999) 74 Cal.App.4th 1008, 1019-1020. Records concerning the addresses where fraternity/sorority registered events occurred (i.e., student residential addresses) are not records regarding the conduct of the university's business. To the extent that the university may have information concerning the addresses of fraternity/sorority events, disclosure of such records does not contribute to the public's understanding of the university's business and therefore they are not public records to be disclosed under the California Public Records Act. Even if the requested records could be construed as public records, they would be subject to the following exemptions which would require that they be withheld: • Materials that reflect student education records or may violate student privacy. Cal. Govt. Code §§7927.705, 7922.000; 21 U.S.C. §1232g. • General Privacy Rights. Cal. Govt. Code §7927.705; Cal. Const. Art. 1, § 1. • Records where the public interest against disclosure outweighs the public interest in disclosure. Cal. Govt. Code §7922.000. The information that Cal Poly is able to provide concerning fraternity/sorority registered events can be found in our 2023-2024 Campus Recognized Sorority and Fraternity Transparency Act Report (see Cal. Ed. Code § 66310 et seq) which is posted on the below listed at the below web address: https:Hgreeklife.calpoly.edu/reports As Cal Poly's Public Records Access Officer, I made the decision that certain records are exempt and will not be disclosed. If you have any questions, please contact the Public Records Access Unit at prakcalpoly.edu. Sincerely, Kevin Cushing Public Records Access Officer Civil Rights & Compliance Office — Public Records Access Unit California Polytechnic State University 2 From: Mezzapesa, John Sent: Thursday, December 11, 202S 9:S4 AM To: Office of Student Rights and Responsibilities Cc: Joy Pederson; Brad Pulcipher; presidentsoffice@calpoly.edu; Courtney Leigh Kienow; greeklife@calpoly.edu Subject: Recognized Student Organization Misconduct Office of Student Rights & Responsibilities, Our office has recently focused proactive efforts on the identification, documentation, and enforcement of fall recruitment events sponsored by fraternities and sororities within the city limits. These efforts were made to determine compliance with the City's Municipal Code. Specifically, the locations in which fraternity- or sorority -sponsored events are held require the application for and approval of a conditional use permit. If no permit exists, it constitutes a violation of San Luis Obispo Municipal Code §17.10.020. Our recent efforts included documenting all social media posts advertising events, most of which intentionally did not include the addresses where events were to take place. The advertised dates and times of each event were cross- referenced with known locations at which fraternities and sororities have operated, and a comprehensive inspection campaign was conducted by Code Enforcement staff to document evidence of any events. Additionally, staff visited the IFC (Interfraternity Council) Kick -Off BBQ held on the O'Neil Lawn on September 25 to educate each organization regarding city regulations and to request copies of "RUSH Schedule Cards" from each organization. These cards were the method by which organizations securely shared the locations of each RUSH event. Of the eighteen fraternal members of the IFC, six provided a card to our staff; the remaining organizations refused to share any information. In fact, as City staff began visiting each booth at the BBQ, the president of the IFC made it a point to quickly visit each booth and advise each organization not to share information related to upcoming RUSH events. After roughly 100+ hours of dedicated research and inspection time over the span of three weeks, staff confirmed that fraternal and sororal organizations held 64 events across 45 locations in violation of the San Luis Obispo Municipal Code. As part of the investigation, in the days following identified events, staff visited each location found in violation and asked residents whether fraternity- or sorority -sanctioned events had been held. Twelve of the sixteen fraternities found in violation refused to confirm or outright denied that an event took place at one or more locations that staff had already confirmed as event sites. The location, date, and time of these events should be easily confirmed by university staff, as Greek organizations are required to register all sponsored events with the Office of Fraternity & Sorority Life. As a result of the documented municipal code violations, the intentional withholding of information, and the refusal to confirm the occurrence of events, we are asking the Office of Student Rights & Responsibilities to investigate whether the Recognized Student Organizations violated Cal Poly's Recognized Student Organization Code of Conduct. An email sharing a link to view the reports outlining the facts regarding each organization will follow this message. Please let me know if additional staff require access to the shared files. Each report details alleged misconduct involving a specific recognized organization. Although previous reports of similar conduct were deemed insufficient to establish a nexus with the Recognized Student Organization Code of Conduct for adjudication, we respectfully urge your office to initiate an investigation into each organization named. These reports have also been individually submitted via the Public Incident Report Form on the Office of Student Rights & Responsibilities webpage to formally initiate investigations. We also request confirmation of the decision regarding whether to move forward with adjudication, as well as copies of all determinations after adjudication is complete. Please feel free to contact me if there are any questions or if further clarification is needed. John Mezzapesa Code Enforcement Supervisor The following is related to potential misconduct performed by the Recognized Student Organization known as the InterFraternity Council (IFC). Background: The code enforcement division of the City of San Luis Obispo was recently tasked with proactive efforts on the identification, documentation and enforcement of recruitment events sponsored by fraternities/sororities within the city limits. This investigation includes identifying locations in which fraternity/sorority events have taken place and determining if the use of the property violates the land use regulations set forth in the City's zoning ordinance. As part of the Campus Recognized Sorority and Fraternity Transparency Act (Assembly Bill 524), each institution of higher education shall require campus -recognized sororities and fraternities to submit to the institution the location, date, and time of any sanctioned event. Recent requests made by the City to Cal Poly's Office of Fraternity & Sorority Life for information regarding the registered events, as required by law, were denied under the determination by the university Public Records Access Officer. The Public Records Access Officer made the determination that the addresses at which events have occurred, which are kept on record in the Office of Fraternity & Sorority Life are not public records and cited privacy concern with sharing the information. Incident Information: The refusal of Cal Poly to disclose the locations in which events have taken place to another government agency has required the code enforcement team to perform independent investigations to obtain this information. During the investigation it was discovered that the fraternity organizations, as members of the InterFraternity Council, were going to provide "RUSH Schedule Cards" during a Kick -Off BBQ event held on the O'Neil Lawn on September 25. The cards were believed to contain the addresses in which advertised events were going to take place and were to be provided for prospective recruitment of the fraternities. A Code Enforcement Technician was tasked with visiting the IFC Kick -Off BBQ to advise the fraternities of city regulations and request a "RUSH Schedule Card" from each fraternity. If these cards were provided to our staff, we would be better able to evaluate whether the use of a property was compliant with the City's land use regulations. During the IFC BBQ the Code Enforcement technician visited each organization and requested a "RUSH Schedule Card". While she was visiting the first few booths each organization had set up, she noticed that a member of the IFC, now known to be IFC President Colin Shea, was quickly visiting each booth ahead of Mrs. Green, advising each fraternity representative to not share the "RUSH Schedule Cards" or other information with her. While some organizations shared the "RUSH Schedule Cards", as Mrs. Green progressed to additional booths, she realized that the organizations were no longer sharing information with her or ignoring her altogether. We ask that the Office of Student Rights and Responsibilities investigate the following: 1. Whether misconduct took place in violation of the Recognized Student Organization Code of Conduct (RSOCC) listed as #17 and #19 in the misconduct section of RSO Handbook by: • Advising fraternity members to refuse to provide a RUSH schedule card or other information when asked by a public safety official in their official capacity during an investigation. 17. Failure to Comply. Failure to comply with directions or interference with any university official or any public safety officer while acting in the performance of their duties. 19. Violation of this RSOCC, including. a. Falsification, distortion, or misrepresentation of information related to a student organization discipline matter. _ 12 Hathway, Business card left requesting contact. 9/27/2025 No contact was ever made We ask that the Office of Student Rights and Responsibilities investigate the following: 1. Whether misconduct took place in violation of the Recognized Student Organization Code of Conduct (RSOCC) listed as #22 in the misconduct section of RSO Handbook: 22. Student Organization Events. a. Failure to comply with event approval conditions imposed by Cal Poly Clubs & Organizations or other university offices. b. Failure to comply with the policies governing student organization events held on campus or funded by the university or a university auxiliary organization. c. Failure by a fraternity or sorority to comply with the Event Registration Policy. Please investigate whether a sanctioned event took place at the above location and time, in which the organization failed to register as required per the Campus -Recognized Sorority and Fraternity Transparency Act and the RSO Handbook. 2. If, after investigation of the above alleged violation, your office determines an event took place, registered or not, then we allege that the reported organization interfered with our investigation by: • Providing false information to the investigating Code Enforcement Officer, a public safety official, by a resident of the reported location, as a member of Lambda Chi Alpha. Additionally, if a sanctioned event occurred, the fraternity/sorority is operating in violation of San Luis Obispo Municipal Code §17.10.020 which requires the issuance of a use permit to allow a fraternity/sorority to operate within the defined residential zone. This code section is part of the city's zoning regulations intended to protect and enhance the quality of the natural environment and promote the public health, safety and general welfare by regulating the use of land and buildings. The operation of a fraternity/sorority presents inconsistencies with the allowance within the residential zones. Specifically, these fraternal/sororal organizations will hold meetings, gatherings, and other social events that have the potential to create noise and other impacts to the surrounding residential properties, thus the need for a `use permit' to set conditions under which the organizations may operate with no impact to the surrounding properties. The locations specified in this report, as with many of the other identified locations used by fraternities/sororities, are found within a one -mile radius of the university's campus. The residences in this geographical area are primarily occupied by current and former Cal Poly students and alumni. The Recognized Student Organization Code of Conduct (RSOCC) is clear to state that unacceptable student -organization conduct related to violations of local law must pose a substantial threat to the safety or well-being of members of the `university community'. While it is apparent that the events listed in this report have a potential impact to the `university community' as described above, the RSOCC also requires that student organization events complywith the Event Registration Policy (ERP) maintained bythe Office of Fraternity & Sorority Life. The ERP states in Article II Section A that events must comply with all federal, state, and local laws, regardless of who or what community population is affected. Given the above information we assert —based on our investigations —that misconduct took place due to the following: i. The organization's interference with a public safety official's investigation by: a. Declining to provide or providing false information by a representative of the fraternity/sorority to a public safety official ii. Operating a fraternity/sorority at the reported location in violation San Luis Obispo Municipal Code, given the nature of a fraternity/sorority to hold meetings and gatherings that may impact the surrounding residents and that most of the residents in the direct vicinity of the location identified in this report are current and former Cal Poly students and alumni, thus part of the `university community'. Regardless of the community population affected, the Event Registration Policy requires compliance with all federal, state, and local laws, and the Recognized Student Organization Code of Conduct requires compliance with the Event Registration Policy. We believe the above actions are in violation of the Recognized Student Organization Code of Conduct (RSOCC) listed as #17, #18, #19 and #22 in the misconduct section of RSO Handbook: 1 Z Failure to Comply. Failure to comply with directions or interference with any university official or any public safety officer while acting in the performance of their duties. 18. Violations of Law. Any organization -related act chargeable as a violation of federal, state, or local law that poses a substantial threat to the safety or well-being of members of the university community, to property within the university community, or poses a significant threat of disruption or interference with university operations. 19. Violation of this RSOCC, including: a. Falsification, distortion, or misrepresentation of information related to a student organization discipline matter. 22. Student Organization Events. a. Failure to comply with event approval conditions imposed by Cal Poly Clubs & Organizations or other university offices. b. Failure to comply with the policies governing student organization events held on campus or funded by the university or a university auxiliary organization. c. Failure by a fraternity or sorority to comply with the Event Registration Policy_ 3. In addition to the above violations of the RSOCC, we believe a citation was issued for violation of the City's Noise Ordinance or Unruly Gathering Ordinance as a result of one of the above -mentioned events. The following citations or warnings were issued as a result of a violation of these ordinances: Location Date Ordinance Time Citaito issuViolated SLOMC 9.13.030: Unruly 1264 Foothill 10/3/2025 12:24 AM gatherings prohibited Please investigate whether any registered or unregistered sanctioned events took place at the location, date and time listed above. If you find that the organization held sanctioned events at the location, and during the timeframe mentioned above, then the listed violations were a result of the unruly nature or excessive noise generated by the event. 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