MysticCat |
03-29-2007 09:48 AM |
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Originally Posted by jadis96
(Post 1419699)
Based on my ed law class you're right Senusret. If a school (public or private) takes federal money, they gotta follow federal law. The only difference is privates do not HAVE to take federal money, but if they choose to then they have to follow federal law.
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No, that's really a little too broad. Laws like Title IX specifically state that compliance with them is a prerequisite to receipt of federal funds. So, if a school violates the provisions of Title IX, that school risks forfeiting federal money.
Freedom of Association however is a constitutional right that applies only to the government. The rights guaranteed in the Bill of Rights have been construed to include a right of association, which the federal government cannot infringe upon. The Fourteenth Amendment extends that to the state governments, including state (public) schools.
But AlphaFrog is right -- there is a difference between prohibiting association in Greek groups and recognizing GLOs. A public university cannot tell you what organizations you can or can't belong to. But a public university can decide not to recognize Greek life on campus, as long as it does do across the board.
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Part of the issue of freedom of association also deals with if you are secluding a segment of the population. For example, if there are 10 NPC's on a campus and the school does not allow a 11th NPC to get oncampus it's okay, because that segment is being covered legally. The issue would be if the uni has 10 NPC's on campus but does not allow a NPHC sorority. That is a segment of society you are not covering, yet you are not allowing them on campus.
I also believe that freedom of association is mainly used in cases dealing with religious groups. Having a campus crusade, but not allowing a jewish student union for example.
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Both of examples issues deal more with equal protection of the laws than freedom of association. I've seen freedom of association arise most frequently in a political context -- association with people of similar political philosophies.
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