By Gregory Childress

gchildress@heraldsun.com; 918-1046

CHAPEL HILL -- The night before an intoxicated Courtland Smith was shot to death by Archdale Police, the fraternity of which he was president broke numerous alcohol-related rules at a recruitment party held at the Delta Kappa Epsilon house.

That was the finding of the student-run Greek Judicial Board, which issued several sanctions Monday against the fraternity, including a one-year social probation running from fall 2009 to spring 2010.

"Due to the extensive two-year record DKE has had with the Greek Judicial Board, we felt that a year of social probation was a more appropriate sanction than the proposed semester," the Judicial Board wrote.

The board is the oversight body that reviews disciplinary and behavior issues for the Interfraternity Council and the Panhellenic Council.

It said two additional violations Sept. 10 while DKE was already under investigation by the board "signaled to the board disrespect for the seriousness of the judicial process."

In addition, the board cited sanctions from a fire violation last year as another reason it decided on probation for one year instead of one lasting six months.

"Taken together, these events merit a year of probation as opposed to a semester," the board wrote. "Alumni events were also canceled in light of the fact that alumni were involved in one of the chapter's violations."

Chancellor Holden Thorp, who ordered the investigation after Smith's death, said the fraternity will have an opportunity to appeal the board's ruling.

"That's the regular process. The DKEs had their hearing," UNC Chancellor Holden Thorp said Monday afternoon. "They're entitled to an appeal. That will happen quickly."

During its probation, the fraternity is banned from holding formals, informals, cocktails, tailgates, alumni events and other such activities. The sanction will end May 7, 2010, which is also the last day of final exams for the spring semester.

The complaints against the fraternity included having a common source of alcohol, having alcohol present at a recruitment event, no security guard present at a chapter house event, no guest list present and group purchase of alcohol.

Evidence against DKE was gathered from police reports, eyewitness accounts from university employees, Chapel Hill Police Department officers, Interfraternity Council party patrol accounts, pictures, media and conversations with chapter members.

The board's decision is being forwarded to the Standards & Review Board for a review of the chapter's recognition with the university. That review must be completed by the end of October.

While the campus judicial process is playing out, the university continues to work with the fraternity, its alumni and parents of members on a substance abuse prevention initiative, Thorp said. They approached the university about the effort in the hopes that it might help to change the party culture on campus.

"There's been some pretty useful meetings between their alumni and their president and our alumni office and student affairs," Thorp said. "Everybody who was there felt it was a constructive conversation. I heard that from parties of all the different interests."

Smith, 21, was driving south on Interstate 85 south of Greensboro on the morning of Aug. 23 when he called 911 for assistance, saying he had a gun, was driving drunk and that he was suicidal.

He was intercepted by police, and "once the vehicle came to a stop, a confrontation ensued," according to the department. Archdale police officer Jeremy Paul Flinchum, 29, shot Smith during the confrontation.