Colgate banned a Greek fraternity. It’s private, so @MomfromPA15317 you’re wrong.
There have been two recent Supreme Court cases supporting fraternity member’s right to associate. The university does not have to recognize these organizations but it can’t prevent students from meeting off campus for whatever purpose they choose.
Did those cases involve public or private universities. I’m thinking it’s the former as public universities as an arm of the government cannot regulate students in this area due to constitutional considerations.
However, those restrictions do not apply to private universities as they have an equal “right to association”…including dictating which organizations their students may or may not join/associate with as a condition of matriculation and continued enrollment.
Otherwise, there’s no way Oberlin’s 140+ year ban on fraternities/sororities/socially exclusive clubs/secret societies would have been allowed to stand for so long…or for Johnny come latelys like Williams, Midd, etc to implement their own bans nearly/more than a century later.
“There have been two recent Supreme Court cases supporting fraternity member’s right to associate.”
Not at private schools. Private schools can do close to anything they want. Religious schools can and do expel you for changing your mind about a matter of faith, or for criticizing the administration, or any other First Amendment activity that would be protected at a public schools.
Private schools can also write anything they like into their codes of conduct and student policies. When you enroll you agree to be bound by those provisions. There are court decisions that construe that agreement as an actual contract.
Penn State ‘social checkers’: Can fraternities really police themselves?..
http://www.pennlive.com/news/2017/07/penn_state_social_checkers_–.html
@bester1 “Frank Fina, the defense attorney for the fraternity president, argued that the security company and Penn State have more responsibility than the frat members who are charged.”
Frats arguing when something bad happens it is the schools fault, not theirs, is the type of thing that will cause universities to end Greek Life, if they are successful with that argument.
@HarvestMoon1 “When you look at the elements of what constitutes “involuntary manslaughter” seems to me it is going to be relatively easy to prove. Why do you think the prosecution would see any need to compromise or offer anything?”
Based on what I am reading, I agree with @HarvestMoon1
To prove involuntary manslaughter in Pennsylvania, a prosecutor must show that:
- the defendant caused the victim's death by reckless or grossly negligent conduct while engaging a lawful or unlawful activity. -A lawful act such as driving a car may be the basis for involuntary manslaughter if the defendant drove recklessly. -The prosecutor must show a causal link between the defendant's reckless or negligent conduct and the victim's death.
Note: In Pennsylvania, a defendant generally cannot use voluntary intoxication as a defense to involuntary manslaughter.
Penalty: Involuntary manslaughter is a first degree misdemeanor under the laws of Pennsylvania. The potential punishment for a first degree misdemeanor is a term of imprisonment for up to five years.
And prudent employers would be wise to avoid hiring members from such frats involved for any positions requiring a high degree of responsibility with minimal levels of supervision or any leadership position.
This defense is a good indication they’re completely unfit for such positions.
@Much2learn curious how a first degree misdemeanor can have a penalty of up to five years in PA? I thought under common law a misdemeanor was punishable by not more than a year of imprisonment?
A worthwhile step toward ending fraternity hazing, once and for all…
Questions swirl about live-in adult adviser’s role in Piazza death
http://www.philly.com/philly/education/questions-swirl-about-live-in-adult-advisers-role-in-piazza-death-20170723.html
"The prosecution’s lack of interest in Bream has not dissuaded Kline and the Piazzas, who have asked Penn State to fire Bream as assistant athletic director and head trainer for the football team.
He remains employed."
^ his responsibility should definitely be investigated
Another reason why I doubt any of these guys end up in a jury trial and it will all get plea bargained. Must be hard to find jurors who’ll throw the book at college kids when a real adult who was in the house in some sort of ambiguous supervisory capacity doesn’t even get a reprimand.
IDK @momofthreeboys - there is a LOT of evidence that those “college kids” - every one of whom are full grown adult men - were negligent, at the very least.
That adult was simply not there -didn’t do his job perhaps, should be fired, perhaps - but he didn’t provide the alcohol, punch the kid or google his symptoms in an effort to avoid getting in trouble for causing his injuries.
And the prosecutor will need to sell it…time will tell, I could be totally wrong and the frat guys will end up going to trial. That would be interesting for sure.
If I were on the jury, I would feel that my obligation would be to determine the guilt or innocence of those on trial, not those who perhaps should also be on trial, or should be on trial separately. Based on what I know, and I admit that I haven’t followed this case carefully, I would not have difficulty throwing the book at those college kids.
The prosecutor would love you on their jury.
IMO, there are many guilty parties here. Agree with @IxnayBob.
Greek life promotes dangerous, elitist culture…
http://pittnews.com/article/120676/opinions/frats-promote-dangerous-elitist-culture/
'But just like nearly 1,500 criminal charges won’t be enough, even serious change won’t work anymore. Fraternity culture is so entrenched with rape culture, binge drinking culture and racist attitudes that nothing could save it now. It’s time for colleges and their students to stand up against these prejudiced institutions to protect the well-being of the greater student body.
Fraternities respond to claims like this with defense, usually using the principles of friendship, philanthropy, leadership and integrity to justify their existence, and even necessitate it. But no amount of philanthropy and no number of friends could ever be justification for the bare facts — Greek life is where elitist culture thrives and where its evils manifest, and we shouldn’t stand by as it continues.’