• Due Process in Higher Education: A Study of Due Process in Relation to Greek Life Affairs

      Hollis, Brooklyn M.
      Fraternities have blazed headlines over the past several years due to incidents involving degrading and racist chants, private Facebook groups bragging about illicit behavior, and in several cases, allegations of sexual assault. This project serves to investigate the constitutional rights of Fraternities and Sororities during investigative and disciplinary procedures. A major concern that this project explores is whether organizations are protected under the 14th Amendment of the Constitution in university disciplinary procedures. This project provides a thorough discussion of the history of Greek organizations and their significance. It also conducts an exhaustive review of the 14th Amendment’s Due Process Clause and how it applies to universities through their established Student Code of Conduct1. This piece investigates Student Code of Conduct policies from sixteen college campuses in the Midwest to determine how sanctions are delivered to student organizations; half of the universities require student organizations to be punished in the same way as individual students. Three universities have separate policies or have clauses that determine how organizations should be punished. This project also provides an in-depth look into the growing trend of the Court system not finding the University to be responsible if they are sued as a result of an incident involving a Greek organizations.