The Law of Fraternities and Sororities

Collegiate Greek-letter organizations have been around for almost 250 years in the United States. Hazing and social event liability have traditionally been their greatest legal challenges, but as they have proliferated across the landscape, grown in financial resources, and increased in corporate structure, college fraternities and sororities have come to face a greater variety of legal issues.

This book seeks to offer an overview of the legal landscape of the critical issues that collegiate Greek-letter fraternities and sororities should understand and integrate into their day-to-day work. The first section of the book explores the range of issues that deal with processes, standards, rules, and practices that fraternities and sororities must follow: organizational legal counsel; the duty of oversight and director liability; the role of organizational governing documents; the strictures around Internal Revenue Code 501(c)(2), (3), (4), and (7) entities; and board conduct that may give rise to organizational civil and criminal liability.

The second section discusses risk and liability issues, such as arbitration in hazing cases; sexual assault; social host liability; and liability insurance. The third section covers constitutional issues, including freedom of speech, the right to privacy and protection against unreasonable searches and seizures, equal protection law, and fair housing. The final section examines the broader issues of antitrust and consumer protection, employment law, intellectual property, and property and zoning issues.