Can Fraternities Be Required to Admit Women Under Title IX?

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In February 2019, three female Yale students, Anna McNeil ‘20, Ry Walker ‘20 and Ellie Singer ‘21, filed a lawsuit against Yale University, arguing that fraternities should be required to admit women and nonbinary students under Title IX as well as the Fair Housing Act. In May 2019, an on-campus group named Engender, which fights for gender integration in on-campus activities and groups, joined the suit. Their reasoning is that fraternities, with their social clout, student housing and alumni networks create an unbalanced environment where sexual harassment runs rampant and there is no similar network available to women or nonbinary students. Many Greek letter organizations trace their roots to literary societies, which are focused on academic and intellectual pursuits. In recent years, some fraternities have begun to include female members, reflecting a shift toward greater gender inclusivity. Plaintiffs argue these organizations do not offer the same level of influence or resources as fraternities. Many sororities, sometimes called women’s fraternities, share similar traditions and values as men’s fraternities, and the distinction in terminology has historical roots. Women typically join sororities as their equivalent to fraternities, which are traditionally male organizations. Fraternity and sorority chapter houses are often owned or managed by an alumni corporation, which helps maintain the property and supports the organization.

Yale, in turn, argues that they cannot control fraternity membership qualifications, and they already respond to claims that fall under the scope of their control. At the end of January, Federal Judge Victor Bolden for the most part agreed with the University. Students seeking involvement in other student organizations or student organizations outside the Greek system may not have access to the same social and housing benefits.

In his thorough opinion, Judge Bolden writes: “The scope of Title IX forecloses nearly all of the Plaintiffs’ Title IX claim. Accepting their allegations as true, as the Court must at this stage of the case, … Congress has expressly limited Title IX and made the membership practices of the Fraternity Defendants beyond Title IX’s scope…. As a result, to the extent that their membership practices create or help maintain a hostile educational environment for the Plaintiffs, Title IX cannot be used to remedy them.”

As one might imagine, this is a polarizing case.

Introduction to Greek Life

If you’re looking for opportunities to grow personally and develop leadership skills during your college years, Greek life can provide exactly what you need. Greek involvement enhances your campus experience, builds lasting friendships, and provides access to a broad alumni network that supports your career and social opportunities long after college. We understand that fraternities and sororities—collectively known as Greek letter organizations—offer you a supportive environment where you can build lasting friendships, develop the leadership abilities you’ll need for your future, and contribute to meaningful academic achievement. Greek societies, also known as Greek letter organizations, have a long history of fostering leadership, academic achievement, and community service. These organizations, which have guided students for generations in higher education, can help you participate in service projects, social events, and educational programs that benefit both your campus and your wider community. Fraternities and sororities share common elements, such as engaging in philanthropic activities and hosting social events, which foster a vibrant and active community life. The bonds among members of Greek organizations are created through rituals, often based on shared principles, that strengthen lifelong friendships and a sense of belonging. Greek letters are significant symbols of the organization’s values and identity, serving as important identifiers and reflecting the traditions and culture of Greek life. Culturally-based organizations within the Greek system often have a more individualized membership selection process known as intake, reflecting their unique traditions and values.

When you join a Greek organization, you become part of a network that truly understands the value of teamwork, mutual respect, and lifelong learning, making Greek life an integral part of your college experience that we know can shape your future success. Membership in a fraternity or sorority is generally obtained as an undergraduate student but continues thereafter for life. Greek organizations encourage leadership development through various positions within the chapter, offering members the chance to grow and take on responsibilities that prepare them for future challenges. Members can hold leadership positions within their chapters, which help them develop important skills for both their academic and professional lives. Greek life also provides networking opportunities for both graduated members and current members, helping to foster professional and personal growth. Many fraternities and sororities are part of an international organization, offering members global connections and opportunities.

Greek membership is open to students from diverse backgrounds and can foster lifelong friendships and professional networks. Fraternity members balance academic, social, and service commitments, and Greeks strive to excel both individually and as a community.

Types of Greek Organizations

Greek organizations on college campuses come in several distinct forms, and we understand that each offers unique experiences and opportunities that can significantly impact your college journey. Social fraternities and sororities are the most well-known, and for good reason—they excel at fostering vibrant Greek life through dynamic social events, proven leadership development programs, and meaningful community service initiatives. These organizations are highly effective at creating strong, lasting bonds among fraternity and sorority members, providing a supportive network that we’ve seen extend well beyond graduation and into successful professional careers.

Service fraternities, such as Alpha Phi Omega, are dedicated primarily to community service and volunteerism. Members of these organizations work together on impactful projects that benefit local communities—organizing food drives, supporting local charities, and volunteering at food banks are just the beginning. This focused approach to service allows fraternity and sorority members to make a tangible, measurable impact while building essential teamwork and leadership skills that will serve them throughout their lives.

Professional fraternities cater specifically to students pursuing particular fields of study or careers, they offer networking opportunities, comprehensive educational programs, and invaluable mentorship within your chosen profession. These specialized Greek organizations are highly effective at helping members develop critical professional skills and connect directly with established industry leaders, giving you a distinct competitive advantage and a genuine head start in your future career.

No matter which type speaks to you, fraternities and sororities provide an essential sense of belonging and a proven platform for personal growth that we’ve witnessed transform countless students. Whether you’re seeking social connections, meaningful community service opportunities, or strategic professional development, there’s a Greek organization that can help you achieve your specific goals and truly enrich your entire college experience in ways that will benefit you for years to come.

The Recruitment Process

The recruitment process is your gateway into the Greek community, and we understand that you want to find the organization that truly fits your values and interests. Most Greek organizations host a series of recruitment events at the start of each semester, giving you the perfect opportunity to meet current fraternity and sorority members, learn about each chapter’s mission, and experience the unique culture of each group. You can rely on these events to help you make the right choice for your college experience.

Formal recruitment is a structured process that you can count on, often spanning several days, where you’ll attend events organized by various fraternities and sororities. These events might include informational sessions, social gatherings, and community service activities, all designed to help you get to know the ins and outs of Greek organizations on campus. Some chapters also offer informal recruitment, which provides you with a more relaxed setting for meeting members and learning about the organization outside of the formal schedule. We know that this flexibility can make all the difference in your decision-making process.

At the heart of the recruitment process is a mutual selection process that works in your favor: both you and the Greek organization decide if you are a good fit for each other. This ensures that you join a fraternity or sorority where you feel comfortable and supported, and where your values align with those of the chapter. By participating in recruitment events and engaging with fraternity and sorority members, you can make an informed decision about joining Greek life and becoming part of a dynamic and supportive community that truly cares about your success.

Living in a Greek Organization House

If you are considering fraternity or sorority house living, you should understand that this decision represents far more than simply choosing where to sleep. These chapter houses provide you with an unparalleled opportunity to build a comprehensive support network where you can form lifetime friendships, receive academic and personal guidance, and fully immerse yourself in the rich traditions that define your Greek organization.

You should be prepared for the fact that fraternity houses and sorority houses maintain their own strict standards and expectations. If you choose to live in a chapter house, you will be required to attend regular meetings, participate actively in social events, and contribute meaningfully to community service projects. You will also bear responsibility for the upkeep and maintenance of the house, which serves a crucial purpose—it builds the responsibility and teamwork skills that will serve you throughout your life.

The experience of living in a Greek organization house can be extraordinarily rewarding if you are ready to embrace the opportunities it presents. You will find countless chances for leadership development, personal growth, and meaningful social connections. Whether you are participating in late-night study sessions or taking charge of major social events, the relationships you build in these houses will endure long after graduation. However, you must carefully consider the financial obligations, time commitments, and responsibilities that come with chapter house living. If you thoroughly evaluate these factors, you can make an informed decision about whether living in a fraternity or sorority house aligns with your college goals and your commitment to Greek life.

What Title IX Guarantees for Fraternity and Sorority Members

Title IX guarantees that “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

Any school or school organization that receives federal funding cannot engage in discrimination, lest they lose their funding. That nondiscriminatory requirement extends to “recruitment, admissions, and counseling; financial assistance; athletics; sex-based harassment; treatment of pregnant and parenting students; discipline; single-sex education; and employment”—but does that include monitoring Greek organizations? This question is what drives the lawsuit.

When Betsy DeVos’ Department of Education suggested new regulations for Title IX, the DOE indicated that it would very likely consider universities and colleges responsible for the activities of fraternities and sororities. Many of these Greek organizations are affiliated with national organizations that set membership and conduct standards for their chapters. Joining a national fraternity involves understanding its standards, risk management policies, and its relationship with the university. The Greek system encompasses both fraternities and sororities, each with their own governance structures and national oversight. Individual fraternities may have their own unique structures, purposes, and traditions, which differentiate them from other organizations. Otherwise, her administration decided to shrink the reach of Title IX “on-campus” activities: “in a location or in a context where the [university] owned the premises; exercised oversight, supervision, or discipline; or funded, sponsored, promoted, or endorsed the event or circumstance.” Proposed 34 C.F.R. § 106.44(a).

In its notice of proposed rulemaking, the Office for Civil Rights of the Department of Education favorably cited a District of Kansas case finding that a Kansas State University fraternity was a “university organization” for the purposes of Title IX.

Those rules are set to be published and finalized in the coming months. Whether the Department of Education under the Trump Administration ways in further on sororities and fraternities under Title IX is yet to be seen.

How Greek Life May Be Violating Title IX

In a press release, the lead attorney in the McNeil lawsuit against Yale said, “Women on campus must navigate a hostile, all-male fraternity scene that plays a significant role in campus social life. Male members of the fraternities control and create dangerous party environments in which sexual misconduct thrives…Yale has known about these conditions for more than a decade, [but] the University has failed to protect its students. Faced with Yale’s deliberate indifference and the continuing dangers, students now turn to federal court to make their campus safe.”

Essentially, the plaintiffs argued that even if Yale doesn’t have control over fraternities’ membership policies, the current status quo so endangers and discriminates against women and nonbinary students that it should be elevated to a Title IX violation. Because, the plaintiffs claim, fraternities so control the social scene, students have a choice between either attending a fraternity party or other fraternity-related social events, or having no social life at all.

Yale’s position in their October 2019 motions to dismiss, on the other hand, is that the university has protocols in place for dealing with reports of sexual misconduct and harassment, but as fraternities are independent student groups, monitoring their membership and parties does not fall under their purview.

Critics of the lawsuit have pointed out that sororities also exist on campus, but the plaintiffs and their lawyers point out that Yale fraternities—which have nurtured the early careers of U.S. Presidents, among other highly influential persons—have more connections and power than the female-led organizations. Fraternity and sorority members are often involved in campus leadership, social activities, and community service, further increasing their influence within the university environment. Most chapters regularly implement academic support initiatives and community service projects, which are common practices across Greek organizations. Additionally, many fraternities require chapter officers to live in the fraternity house, which helps foster a strong sense of community and leadership.

Only one count survived in Judge Bolden’s opinion. This is an allegation by the Plaintiff McNeil that a first-year counselor “shrugged” and dismissed her report of sexual assault. Where a school receives notice of sexual misconduct but deliberately does nothing, this creates liability for the university and a viable claim for the alleged victim.

This remaining claim does not promise much leverage over the membership practices of fraternities at Yale, however. The plaintiffs in the lawsuit are apparently weighing their next steps about whether to proceed.

Fraternity and sorority members are also known for organizing philanthropy events to raise money for charitable causes, which further contributes to their presence and impact on campus.

If you suspect that your college campus may be committing Title IX violations by allowing a toxic culture of sexual discrimination and harassment, contact a lawyer immediately to discuss your options.

The Changing Landscape of Women in Fraternities

The presence of women in fraternities has evolved significantly over recent years, reflecting broader shifts toward equity and inclusion on college campuses. The term fraternity traditionally referred to organizations for young men, but many have evolved to include women and nonbinary members. Some fraternities that were originally formed exclusively for men, such as Alpha Phi Omega, have transitioned to accept women as full members. Similarly, Alpha Kappa Psi, a co-ed professional business fraternity, has included women since 1976. In these organizations, new members often begin as associate members and participate in a new member period, which includes member education about the organization’s history and values. This change allows for a more inclusive environment where both men and women can benefit from the leadership, service, and social opportunities that fraternities offer.

A notable example of institutional change is Wesleyan University, which mandated that its residential fraternities must admit women as members and residents. This policy aims to foster gender integration and equal access to the resources and networks traditionally associated with fraternity life.

Many universities across the country have witnessed similar movements toward co-ed fraternities. These organizations provide a unique involvement experience that blends leadership development, community service, and social activities for all members, regardless of gender. Members of co-ed fraternities are expected to commit to the organization’s core values, such as community service and professional development. Alpha Phi Omega is an example of a service fraternity dedicated to community service and leadership. Phi Sigma Pi, a national honor fraternity, became co-ed in 1977, further enriching the Greek community by promoting diverse perspectives and creating a more balanced social environment on campus.

Advice for Students

For students considering involvement in fraternities and sororities, understanding your rights within Greek life is absolutely essential. You face a complex web of laws and university policies that govern Greek organizations, including critical regulations addressing hazing, discrimination, and harassment. Joining a fraternity or sorority is a mutual selection process where both potential new members and Greek chapters have input. As your membership in a fraternity or sorority develops, you must understand your fundamental rights and responsibilities, adhere to your organization’s established rules, and respect the rights of your fellow students. When you encounter issues or disputes within your Greek organization, you need qualified legal guidance from an experienced attorney or consultation with your university’s student affairs office to protect your interests effectively. If you don’t have a lawyer, you must familiarize yourself with relevant laws, particularly anti-hazing regulations, and understand the serious consequences of violations to ensure your safe and positive experience in your fraternity or sorority. By staying informed and taking proactive steps, you can maximize your involvement in Greek life while upholding the values and standards that your organization demands.