[17645] in APO-L
Re: All-male chapters / APO discrimination
daemon@ATHENA.MIT.EDU (Ellen Kranzer)
Wed Nov 19 14:59:16 1997
Date: Wed, 19 Nov 1997 14:58:47 -0500
Reply-To: Ellen Kranzer <ellen_kranzer@HARVARD.EDU>
From: Ellen Kranzer <ellen_kranzer@HARVARD.EDU>
To: Multiple recipients of list APO-L <APO-L@VM.CC.PURDUE.EDU>
At 07:10 PM 11/19/97 GMT, you wrote:
>Can someone tell me how the all male chapters get around the Title 9
>provisions for preventing discrimination *as its called* ???
>
>In LFS
>Bret Webster
>Beta Delta
It's not necessarily a matter of "getting around" Title 9. Title 9 is fairly
complicated and exactly how it applies to chapters is rather fuzzy since
it's heavily dependent on interpretation.
First off, Title 9 applies to universities so you can't just look at APO
chapter, you need to look at the whole situation on a campus. Does having
both an APO chapter and a GSS chapter on campus mean the university is in
compliance with title 9? Does title 9 mean that each organzation on campus
that isn't in one of the excepted catagories must be equally open to men
and women? Can the Title 9 exemption for residential fraternities be
construed as appling to APO also? The answers to all these depend on what
lawyer you ask and ulitmately what a court of law says if anyone ever brings
a suit. In the absence of a law suit the relevent issue is how the lawyers
for a chapter's university have chosen to interpet title 9 and what they've
told the university it needs to do to be in compliance.
One of the issues when Title 9 first appeared on the scene is that some
universities decided that in order for the school to be in compliance with
the new law, all recognized student organzations had to be co-ed. This meant
that for some chapters it was a matter of admitting women or losing school
recognition and thus no longer being able to be an APO chapter.
Oh and one more point, Title 9 now is not the same as Title 9 in the mid-70s
since the act has been ammended several times so some of the points that
were of concern then, may not apply now and things that didn't matter in the
past may make a difference under the current law.
Y.I.S.
Ellen c.c. Kranzer
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Email: ellen_kranzer@harvard.edu or ccrazy@world.std.com
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