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Would Yale have the right to expel anybody who still chooses to join DKE during this time period?
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YES. They won't, but they could. Don't forget, Yale has freedom of association rights too. It has a great deal of leeway to build its community as it sees fit. The government can't force Yale to enroll DKEs if it doesn't want to, any more than it can force DKE to accept Yalies if it doesn't want to.
Congress has chosen to attach certain strings to federal financial aid and grant funding that goes to private colleges. For example, they can't discriminate on the basis of race without risking their fin aid eligibility. But I have never read that Congress has included the right to join a GLO in those strings. From a constitutional standpoint, private colleges absolutely can expel someone who violates a college rule. It doesn't matter whether there's a signed honor code or not. Expelling a student for a poor reason might violate the student's CONTRACT rights (under the agreement between the student and the school), but that doesn't mean it's a violation of constitutional rights. Private entities do not become government actors for constitutional purposes just by accepting public money.
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