Legal Question in Education Law in California

Hi,

My school recently imposed a strict set of rules and requirements for all "Greek Life Parties." This is basically a way for the school to impede the party scene but it is only targeted at fraternities and sororities. There are no such rules imposed on "Non Greek" parties. I feel like they are discriminating against a certain group of people (Greek Affiliates). Is it legal for the school to do something like this?

Thanks


Asked on 1/14/14, 5:23 pm

1 Answer from Attorneys
Andrew Harrell W. Andrew Harrell, Attorney at Law

Actually, this is a bit of a challenging question. You haven't indicated whether this is a public or private college/university. Sororities and fraternities can enter into contracts with their host school that imposes different, including harsher rules. If so, then they may have agreed to this, in exchange for being part of campus life. In terms of "discrimination," there can be causes of action for discrimination on the basis of nationality and race. This type of discrimination is only permitted if there is a compelling reason. You didn't mention that that was at issue. For discrimination between greeks vs. non-greeks, all that a public university needs to show is a reasonable basis for doing so. E.g, there have been past instances of rowdy greek parties. I'd say that likely is legal.

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Answered on 1/14/14, 5:28 pm


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