PSU had hand in fraternity proposal

State College measure to ban rooming houses

Sara Ganim

BELLEFONTE — A proposed zoning ordinance that would ban private rooming houses — including unrecognized fraternities — from campus was written with assistance from Penn State officials, public records show.

The university’s position on the controversial proposal has been that it had no influence over the proposal written by State College borough.

But an open records request for e-mail communications between Penn State and the borough shows Penn State did have a hand in deciding what language would be used.

“It appears it was written for the benefit of Penn State,” said attorney Bernard Cantorna, who asked for the e-mails as part of litigation between the borough and former Phi Delta Theta fraternity about its house at 240 N. Burrowes Road. “Why does the borough want to prohibit student housing on campus?”

Penn State is seeking to acquire the campus property, on the basis that it is no longer being used as a fraternity. Phi Delta Theta is fighting to be able to stay open as a private rooming house.

The borough, in response to a 2003 court opinion that its zoning ordinance is too vague, is proposing to change the ordinance to specify that a rooming house is a fraternity only if recognized by Penn State as such. The proposed changes would mean private rooming houses are banned on campus.

Sandy Deveney, a member of the board of directors for the 240 N. Burrowes property, doesn’t understand why the university wants to push students off campus into the downtown. He wants to keep the former fraternity as a rooming house to preserve the historic building and to give about 150 students a place to live.

“The student population increases every year,” he said, pointing out that downtown, tension between town and gown residents is growing. “We get into that neighbor- student thing.”

Cantorna and Deveney said Penn State would benefit because if any of the five fraternities now on campus cease to be fraternities, Penn State would become the likeliest potential buyer.

“They’re pushing us into a corner,” Deveney said.

Zoning officer Herman Slaybaugh, who wrote the proposal for the borough, admits he called Penn State officials for help, but said that was necessary to determine how to clarify the ordinance.

“What the borough was attempting to do was change or define what’s meant by ‘affiliate’ with Penn State,” Slaybaugh said. “In order to clarify, I requested a meeting with Penn State to determine what Penn State determines as an affiliate.”

The term in question, “affiliate,” was changed in the proposed ordinance to “recognition,” meaning any organization not recognized by Penn State couldn’t have private housing on campus.

Slaybaugh said he met in Old Main with the Penn State vice president for student affairs, Damon Sims, who decides if a fraternity is an affiliate or not. Copies of e-mail exchanges show he was also in contact with Roy Baker, director of fraternity and sorority life at the university, and Penn State’s attorney, Wendell Courtney, of the law firm McQuaide Blasko.

Together, they came up with the new wording.

“That was the extent of it,” said Penn State spokesman Geoff Rushton. “Ultimately it was up to the borough.”

Rushton said Penn State and borough officials often meet to discuss issues and there was “nothing nefarious about borough and university officials having met and no attempt to conceal that.”

Sara Ganim can be reached at 231-4616.