Professional fraternities are often open membership- open to anyone who meets the requirements (such as a certain GPA, major, etc.). In terms of something like Phi Alpha Delta, all one has to do is fill out the application and turn in a check.
True. *But*... In many GLOs at
chapter level there is often by nature a certain amount of autonomy regarding selection. Meaning the national will impose certain rules (no selection on basis of race, for example) and perhaps GPA - in some. Then at chapter level they may look for certain other ‘non-personality’ things; activity on campus (being a member of at least one other student group), GPA where the national has no rule etc - again so long as that chapter level selection rule isn’t outlawed by the national constitution. And for all orgs where someone just has to sign up and pay up then sooner or later a cap on numbers might have to be imposed (how will you have a social with 1000 members?? Hire 6 bars to accommodate you all?!). If that’s done on a first come first served basis all well and good but that would not necessarily be best for the chapter. And so selection comes into play.
I think one thing to keep in mind is that all of these organizations are private organizations... they can discriminate as they please in most cases. If the organization gets funding from a goverment group, there would very well be a stronger cause of action.
Hmmm. Yes as private organizations they can discriminate as they please (subject to protected classes such as race, disability, whatever) but they as campus orgs will be present at a college which IS publicly funded (100% private colleges excepted obviously) and perhaps thus vicariously liable. That’s maybe why anti-greek administrations occur - they see GLOs as lawsuits waiting to happen?
Additionally, universities and colleges often have rules against discrimination (by groups, staff or students) which go *over and above* any legal restrictions. Let’s say there're laws against race discrimination but not sexual orientation or religion, disability. The university though can impose those too, and as a member of that college you have to comply with the university's in-house rules. Again, if it is a public authority taking them to courts (judicial review) to ‘fight the system’ is all well and good but the institution’s pockets will be a teensy bit deeper than the average student’s! Obviously if a university denies recognition some nationals will not grant a charter or colony status to that interest group.
If there was a cause of action, the burden of proof would NEVER fall with the GLO- that goes against the entire US justice system. Because race is a "protected class" it may be looked at using a different standard than if it was some other factor.
Are you sure? Okay silly question since you’re in law school
but I am curious. The burden of proof in criminal cases in say the US, England or Canada, always lies with the prosecution. Irrelevant for the defendant to prove they DIDN’T do it if the prosecution attorneys can’t prove beyond reasonable doubt that they did. But in a CIVIL case like where discrimination is alleged against a chapter, how on earth could the Mr A prove he wasn’t selected because of some ‘inappropriate’ criteria? Reasons for selection are not usually given to those cut., and he wouldn’t have access to chapter records with comments on rushees - if there were any. Therefore Mr A (one bringing the action against XYZ) wouldn’t be expected to meet the burden of proof how could he? (masculine pronoun used for brevity
)
I've experienced recruitment with two chapters of Delta Sigma Pi, and generally they are looking for about the same things social GLO's are. They make sure the pnm has at least a certain GPA, they look for leadership, both chapters have also looked to see how out-going the people were, & things like that. There is no guarantee (sp?) that you will recieve a bid to join Delta Sigma Pi just like there is no guarantee that you will recieve a bid from social GLO's. I guess it depends on which professional GLO's you're talking about how thorough the process is.
Agreed. Again like I say it may be different a chapter level too. The outgoing-ness issue is a grey area too - selecting on how “nice” you find someone isn’t usually, a criteria but naturally interpersonal skills are looked at to see whether the person would be disruptive to the chapter or a good fit. The question is how this is decided… with GPA it’s dead clear - their GPA is either 3.x or it is not. The end! Easy to prove someone with a 2.0 GPA who wasn’t selected was cut for a bona fide reason if the chapter requires a 3.x.
Also, WHEN does the selection take place? Selecting them for pledgeship from a completed form? What if - all other things being equal - the name on the form is distinctly “ethnic”? Or there’s a photo? Once could later argue that played into selection of a cut person. To ensure you don’t miss out on some great PNMs selecting by actually meeting them is better than from an impersonal piece of paper but if there’s a huge amount of applications it’s unrealistic to have a 500 member pledge class! So screening with a form is perhaps needed. Or do you instead only select when meeting someone? Once? Over a long pledge period? And a pledge can be cut at any point up to initiation. (obviously a lot there is not relevant to NPC formal rushing social sororities for example)
If there was a complaint to the college (and then of course an investigation) proving there was *not* discrimination - to the college - might be difficult. If the chapter has asked all members at application form time to fill in a ethnic origin form which is kept separate and by a separate person until final selection has taken place that would help for instamce. It’s a lot for a little organization with typically limited resources to do though.
Sorry to take all the fun out of selection
but it's an interesting topic.