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Do you and the other unrecognized fraternities have the recognition and authorization of your national organizations?
For example, do you still have your charter, are your members listed in good standing, do you send dues to nationals, does nationals list your university as an official chapter (i.e. my house was listed in all of the magazines, websites, etc. sponsored by nationals as the "Zeta Omicron chapter at the University of Florida).
If so, you have a much stronger case. You should contact your national officers for assistance and they will be able to answer your questions.
If you do not have the authorization of your national org, then you have a much weaker case.
If you are a local fraternity then the issue of national recognization is irrelevant.
If you don't get any funding from the school or hold events on school property, I don't see how they can threaten your right to association. If you are off campus then you aren't doing anything different than a group of guys calling themselves the "Party Maniac Gang" and inviting people to come party at their house or a student group that meets at someone's apartment for Bible study.
You may want to consult with an attorney since the school is threatening your members with expulsion.
I don't see how they can expel anyone, but I'm not aware of all the facts or your local statutes/school rules. Especially if you go to a private university, they may indeed have this right. Although it would probably be challengeable if they were not applying it fairly - i.e. OK to join a hate group but not XYZ fraternity.
You may also want to look into what the university's motivation may be for this action. Have there been problems with the unrecognized groups? Was someone injured or arrested at a function held by one of these fraternities? Is the behavior of some of these groups seem to present a risk management/liability problem? If that is the case, then that can hurt you.
It may be helpful to do some "good will" public relations on campus. Since apparently the threat of expulsion is only for pledges and organizations that take pledges, your initiated brothers are free to be out in the open.
Talk to your brothers and organize a philanthropy or event on campus. You could wear your letters and set up a table in the main square on campus and collect donations for the Red Cross to help for last week's tragedy. Hold a canned food drive. Donate to a recognized campus organization's event or charity. Even just having your brothers wear letters on campus (MAKING SURE TO BE ON BEST BEHAVIOR) can help. Consider getting together with the other unrecognized fraternities and having a public forum on the main campus square to dispel myths about your organizations. Think about it - if several fraternities are there, singing their brotherhood songs, openly talking and answering questions from other students, you become real people to them and public support from the main student body can prove invaluable.
Best of luck to you all and be sure to keep us updated.
G8Ralphaxi
University of Florida
Levin College of Law
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