To begin with, I am NOT a lawyer (nor would I want too be, too complicated) but I have taken a few educational law classes dealing with campus and school issues.
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Originally Posted by Senusret I
Interesting.
As a slight tangent..... I know that Title IX affects just about all universities, public and private, because the great majority have students on some kind of federal financial aid program.
I wonder if freedom of association could be applied to private universities for the same reason/loophole.
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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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Originally Posted by 33girl
A private u doesn't have to recognize GLOs (or any organization). However, if they deny their students the right to belong to an organization that meets off campus, that's where they get into Freedom of Association trouble.
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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.