Wednesday, February 13, 2019

Women Students Sue Yale University and Fraternities Seeking Gender Integration

Three women students have sued Yale University and Yale Fraternities claiming a hostile environment in violation of Title IX from the sexualized, assaulting environment of the fraternities, and unequal educational opportunity in violation of Title IX for the perpetuation of privilege and opportunity available to men in fraternities.  Both addressing the eradication of gendered power that systemically reinforces women's inferiority.  The women also bring ancillary contract and unfair trade claims, seeking a legal vehicle for expressing the disappointment of being lured into a top university, only to find a toxic gender social culture reminiscent of the the 1950s.

The complaint is here: McNeil v. Yale University (D. Conn.) (filed 2/12/19).

Para. 5.  Yale is a microcosm of the ongoing epidemic of sexual harassment and assault at all-male fraternities. For decades, social science research has warned that fraternities perpetuate and normalize forms of gender discrimination and sexual violence. Studies have found that fraternity brothers commit sexual assault at three times the rate of other male college students. Brothers are also reportedly more likely to use alcohol to obtain sex, more likely to be involved in gang rapes, more likely to endorse traditional gender roles, and more likely to espouse rape myths. Nevertheless, fraternities remain powerful institutions. Colleges and universities depend on fraternities to, among other things, house students, serve as social venues, and yield an ever replenishing source of alumni donors.

The relief demanded is not the elimination of the fraternities but rather gender integration, allowing women to join fraternities, and greater integration with and oversight by the university.  For support for this remedial outcome, see Justice Ginsburg's majority opinion in the Virginia Military Institute case, United States v. Virginia (1996).

The women spoke on CBS News, video here.

Procedural complications from the lawsuit are likely due to the Supreme Court's decision in Wal-Mart v. Dukes (2011) hindering class actions in gender discrimination cases.  And also due to the separate existence of the national entities of the fraternal organizations themselves. 

For further information on the new lawsuit see:

NY Times, Women Sue Yale Over a Fraternity Culture They Say Enables Harassment

USA Today, Lawsuit Seeks to Force All-Male Fraternities to Allow Women

Independent, Female Students Sue Yale University Fraternities Attended by Brett Kavanaugh and George Bush

https://lawprofessors.typepad.com/gender_law/2019/02/women-students-sue-yale-university-and-fraternities-seeking-gender-integration-.html

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