Yale Opts Out Of DKE Punishment
Summary
While Yale College Dean Marvin Chun condemned the culture of the Delta Kappa Epsilon fraternity — citing findings from a report released Monday — he maintained that the University will not punish the fraternity, adding that past punishments have done little to change the behavior of off-campus groups.
In his campus-wide email about the review, Chun advised students not to attend DKE parties, and on Monday, Chun told the News that he does not have legal standing to influence independent organizations like DKE. On Wednesday, Chun clarified that Yale has disciplined fraternities in the past, but these punishments did little to curb their activities. Still, legal experts interviewed by the News contended that Yale has the power and legal standing to issue specific, harsh disciplinary sanctions.
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Douglas Fierberg, a lawyer who specializes in sexual misconduct cases involving fraternities, agreed that while universities may have limited options for punishing a fraternity directly, they “definitely have jurisdiction over off-campus life.” Other schools like Princeton have successfully cracked down on Greek life — without banning it outright — with no legal troubles, he said. Princeton has a long-standing policy of refusing to recognize fraternities and sororities, and in 2012, the university prohibited its freshmen from affiliating with Greek organizations. Michele Dauber, a Stanford law professor and Title IX expert, agreed that she strongly believes Harvard’s new policy is lawful, and private schools have the ability to choose whether students involved in single-gender organizations can hold leadership roles.
According to Dauber, some states differ on the extent to which the First Amendment applies to private institutions, but “in general private schools retain tremendous authority to determine and control student conduct.”
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