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Old 01-22-2007, 12:28 AM
PsychTau2 PsychTau2 is offline
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Quote:
Originally Posted by L.O.C.K. View Post

From the AFA website, http://www.fraternityadvisors.org/Re...sociation.aspx

[Adopted October 2003]
[Replacing AFA Resolution on Expansion Within the Fraternity/Sorority Community 1999]

Whereas, colleges and universities have an opportunity to provide a positive and impactful learning environment for their students; and

Whereas, fraternities and sororities on these campuses can influence the overall satisfaction and retention of their members through meaningful experiences; and

Whereas, the American freedom to associate is guaranteed by the First Amendment of the United States Constitution; and

Whereas, this freedom is reaffirmed in exemptions from Title IX by the Education Amendments of 1972 as it applies to fraternal organizations; therefore

Resolved, that the Association of Fraternity Advisors supports the right of students to freely associate with or assemble into fraternities and sororities; and

Be it further resolved, that the Association of Fraternity Advisors also supports the right of colleges and universities to establish reasonable procedures for the official recognition of and provision of services to their student organizations.

Law Website, http://www.law.cornell.edu/anncon/se...rag8_user.html



Like, if AFA says it, it basically sets the tone for fraternal orgs.
That AFA resolution is not binding on any campus or fraternal organization. AFA is a professional association, and has no governance over anyone but itself. So, they can suggest and resolve, but not force and require.

Judge Mitch Crane has an excellent answer to this question...we've discussed it before. I can't explain it nearly as well as he can, but the basic premise is that "Freedom of Association" from the constitution doesn't automatically protect social-based organizations just because we're social organizations (meaning, those organizations that aren't formed specifically to further a cause, like NAACP...I think. That's the part I'm not so great at explaining). A public university can enact a ban against not recognizing any fraternal organizations, but they cannot say "We won't recognize Sigma Phi Epsilon but we will recognize Sigma Chi" just because they don't like SigEp as an organization. They CAN say that if that organization has disciplinary issues...they CANNOT say that just because they "don't like" the org or the members.

Of course, if the public university doesn't have a good, solid reason for a ban, then that opens the door for an org to "push" their way onto a campus, but that might not be the most positive way to do it. Private universities have a lot more control over stuff like that.

He (and probably others) can explain it better than I can. His website is http://www.judgemitch.com...you might be able to email him the question and see if he'll answer it.

I think there's a small trend going on now where schools are choosing to control their expansion and will actually have a plan where they will add chapters every X number of years, and are already choosing which organizations will expand in what year.

PsychTau

Last edited by PsychTau2; 01-22-2007 at 12:31 AM.
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