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  #46  
Old 10-20-2005, 05:01 PM
MysticCat MysticCat is offline
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Quote:
Originally posted by preciousjeni
Wellll - actually, social fraternities/sororities are exempt if they are also exempt from taxes under "section 501(a) of title 26" and if the active membership consists of students of a college/university.
Not quite. What Title IX and the Dept of Ed regs say is that the non-discrimination provisions of Title IX do not apply "to the membership practices of social fraternities and sororities which are exempt from taxation under section 501(a) of the Internal Revenue Code of 1954, the active membership of which consists primarily of students in attendance at institutions of higher education." 34 CFR 106.14(a) (which pretty much tracks the language of 20 USCS Sec. 1681(6)(A)).

But this doesn't mean that simpy being exempt from taxation under section 501 = being exempt from the requirements of Title IX. I'm quite willing to bet that all professional, honorary and service GLOs have section 501 tax-exemption as well.

What it means is that a GLO will be exempt from the membership requirements of Title IX if it is exempt from taxation under section 501 and is social in character. Otherwise, the provision could simply leave out the word "social." So, there has to be a determination that a GLO is "social." For the latter question, the Dept of Education looks to the nature, character and purpose of the organization to determine whether the organization is social or professional, service, honorary, etc.

That was the case when my Fraternity asked the Dept, back in the 80's, to agree with us that we are a social rather than professional fraternity and could therefore remain single-sex. If I remember correctly, the letter agreeing that we are social and exempt from the membership requirements of Title IX doesn't even mention tax exempt status under section 501, but instead focuses solely on the nature and purpose of the Fraternity.
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  #47  
Old 10-20-2005, 07:10 PM
ladygreek ladygreek is offline
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Quote:
Originally posted by MysticCat81
That is a tax classification, though. It has little if anything to do with whether the Dept of Education would consider a fraternity or sorority to be "social" within the meaning of Title IX.
I know it is a tax classification, and that classification is given to organizations whose primary purpose is social. Thus I suspect that the Dept. of Ed. does consider the tax classification in determining exemptions. And I was merely confirming your thought that although we say we are service organizations, in the eyes of the IRS we are social organizations. Jeez.
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Last edited by ladygreek; 10-20-2005 at 07:15 PM.
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  #48  
Old 10-20-2005, 09:25 PM
preciousjeni preciousjeni is offline
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Quote:
Originally posted by MysticCat81
What it means is that a GLO will be exempt from the membership requirements of Title IX if it is exempt from taxation under section 501 and is social in character.
Which is why I said "social fraternities/sororities are exempt."
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  #49  
Old 10-20-2005, 11:22 PM
ladygreek ladygreek is offline
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Quote:
Originally posted by preciousjeni
Which is why I said "social fraternities/sororities are exempt."
R.I.F. isn't it?
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  #50  
Old 10-20-2005, 11:25 PM
preciousjeni preciousjeni is offline
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Quote:
Originally posted by ladygreek
R.I.F. isn't it?
Quite!
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  #51  
Old 10-21-2005, 09:13 AM
MysticCat MysticCat is offline
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Quote:
Originally posted by ladygreek
I know it is a tax classification, and that classification is given to organizations whose primary purpose is social. Thus I suspect that the Dept. of Ed. does consider the tax classification in determining exemptions.
Ladygreek (and preciousjeni),

Sorry if I'm coming across as beating a dead horse or being obtuse. (And yes, preciousjeni, I did miss the "social" in your post. Sorry.) I was just trying to respond to the question about what Title IX had to do with GLOs and avoid confusion.

So, to beat the dead horse just a little longer so as to avoid a little more confusion, 501(c)(7) is not limited to organizations whose primary purpose is social; it is for "Clubs organized for pleasure, recreation, and other nonprofitable purposes." In the one instance with which I'm familiar, the Department of Education did not consider tax classification at all in determining exemption from Title IX; it looked exclusively at documents, statements and activities of the GLO to determine whether the GLO is exempt from Title IX.

And ladygreek, I realized you were confirming my statement about how NPHC orgs view themselves vs how the IRS views them, and I should have acknowledged that. Sorry. But I've run into too many Greeks, on GC and elsewhere, who think that their tax exempt status is what exempts them from Title IX as well. One just has to look at the thread on whether a member of a co-ed fraternity should be president of a campus IFC (or more to the point, whether a school should require a co-ed fraternity to be a member of the IFC) to see that not doing anything to threaten single-sex is an issue for some people/groups. That's why I responded as I did.

I promise I'll shut up now.
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Last edited by MysticCat; 10-21-2005 at 09:19 AM.
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  #52  
Old 10-21-2005, 10:15 AM
preciousjeni preciousjeni is offline
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Don't ya love how wonderful communication is across the internet, MysticCat81? I'm glad we're pretty much squared away!
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  #53  
Old 10-21-2005, 10:22 AM
MysticCat MysticCat is offline
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Quote:
Originally posted by preciousjeni
Don't ya love how wonderful communication is across the internet, MysticCat81? I'm glad we're pretty much squared away!
Some days, there really isn't enough caffiene available! Count me glad, too.
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  #54  
Old 10-21-2005, 03:12 PM
ladygreek ladygreek is offline
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Comparison of 501(c)(3) and 501(c)(4), (6) and (7) Status


Social activities must be insubstantial

Social activity may be anything less than "primary"

Social activity may be anything less than "primary"

Social activity must be primary; other activities must be less than primary

This is from a comparison chart. It was laid out in columns. the last column being 501(c)(7). So the bold above applies to that classification.
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  #55  
Old 10-21-2005, 03:15 PM
ladygreek ladygreek is offline
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Quote:
Originally posted by MysticCat81
In the one instance with which I'm familiar...
And this is what bothered me the most about your posts. With only being familiar with one instance you have managed to generally denigrate everyone else's opinions and knowledge.
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  #56  
Old 11-13-2005, 01:04 PM
OPhiARen3 OPhiARen3 is offline
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Many Omega Phi Alpha ladies have dual membership in NPC and NPHC sororities - and we can, because we are a service sorority. If we were affiliated with a national organization, it would be along with professional fraternities and sororities such as AKPsi (the co-ed business frat), etc. - things that do not disqualify you for membership in other organizations.

Even though some social fraternities and sororities are more service-based than others (I don't want to point any fingers here, so I won't), they are still not purely service fraternities/sororities.

On a sidenote, does anyone know - since APO went coed, are there any all-male service fraternities?

Quote:
Originally posted by emb021
Well, not just 'service-based'. We are a Service Fraternity vs. a Social Fraternity. Thus members can join us and a Social Fraternity or Sorority. The 'you can join only one' doesn't apply to us.

There are only 2 Service Sororities: Gamma Sigma Sigma and Omega Phi Alpha. All the others are either social, honorary, or professional.

I would think that regardless of whether or not the social sorority in question is Latino, Historically Black, NPHC, NPC, etc, the same 'rules' applies as with social fraternities: you get to join one.

I can't speak on whether one can disassociate from one and then join another. Will leave that to those qualified to answer that.
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  #57  
Old 11-13-2005, 01:10 PM
OPhiARen3 OPhiARen3 is offline
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What chapter is that, just out of curiousity?

Quote:
Originally posted by Atlanta_OPhiA
Omega Phi Alpha is pretty much the same as Gamma Sigma Sigma. We are open to both males and females, but almost all of our sisters are female. One of our chapters does have a male sister; however, it's very very uncommon.
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  #58  
Old 11-13-2005, 02:13 PM
preciousjeni preciousjeni is offline
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Quote:
Originally posted by OPhiARen3
On a sidenote, does anyone know - since APO went coed, are there any all-male service fraternities?
I don't believe there are any that are all-male or all-female.
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  #59  
Old 11-13-2005, 04:59 PM
OPhiARen3 OPhiARen3 is offline
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Sorry, that was bad wording on my part ... more majority male than APO. Like with APO, at least from my experience and understanding, things seem to be pretty even, whereas with the sororities, they are almost entirely female. My question is whether there are any predominantly male service fraternities now that APO is not?

Quote:
Originally posted by preciousjeni
I don't believe there are any that are all-male or all-female.
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  #60  
Old 11-14-2005, 10:38 AM
emb021 emb021 is offline
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Quote:
Originally posted by OPhiARen3
Sorry, that was bad wording on my part ... more majority male than APO. Like with APO, at least from my experience and understanding, things seem to be pretty even, whereas with the sororities, they are almost entirely female. My question is whether there are any predominantly male service fraternities now that APO is not?
No, because APO has always been the only Service Fraternity. There are no others.

Also realize that due to Title IX, non-co-ed college groups are pretty much non-existant. Socials were exempted, btw.
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