Issues in Zeta Beta Tau Case Match a Free-Speech Ruling in Virginia

The 14-month suspension of Zeta Beta Tau was proper, said Cal State Northridge Vice President of Student Affairs Ronald Kopita, because the fraternity clearly violated the school’s code of ethics.

But it may not be legal.

In a remarkably similar case, members of fraternity Sigma Chi at Harvey Mason University in Virginia successfully reversed a similar decision by their campus administration after taking the case to federal court last year.

U.S. District Court Judge Claude M. Hilton ruled that the fraternity--which staged an “ugly woman” contest--could not be punished for exercising its First Amendment rights.

One of the fraternity members during its April, 1991, contest “dressed in black face, used pillows to represent breasts and buttocks and wore a black wig with curlers,” court records said.

Ken Bumgarner, the university’s associate vice president and dean of student affairs, said the event was offensive to women and minorities. He punished the fraternity by prohibiting the group from holding social or sports activities for two years.

The fraternity was allowed to seek early reinstatement of its rights, after showing campus officials they were making sincere efforts to educate members, Bumgarner said.

“My reading of it was they did not truly understand the issues involved or why it created the response it did,” Bumgarner said. “They expressed ignorance and apologies, but I believed that a punishment and a demonstrated effort to make amends was also needed.”

But Hilton said in his Aug. 27, 1991, ruling: “One of the fundamental rights secured by the First Amendment is that of free, uncensored expression, even on matters that some may think are trivial, vulgar or profane. Because that fundamental right extends to students at a state university, a state university may not hinder the exercise of First Amendment rights simply because it feels that exposure to a given group’s ideas may be somehow harmful to certain students.”

Bumgarner said the university, which has an enrollment of about 20,000 students, has appealed the ruling.

ZBT attorney and alumnus Jeffery Bern said he is considering filing a lawsuit to halt the fraternity’s suspension on similar grounds unless campus officials are willing to reconsider.

CSUN’s Kopita said his decision is final.

“Universities need to abide by the law, but decisions need to be made on what is right and proper,” Kopita said. “Fear of litigation should not hinder that.”

Kopita said ZBT members agreed to abide by campus policies prohibiting acts or speech demeaning to others, and should accept their punishment, especially since they have already admitted wrongdoing.

Bumgarner said the incident has resulted in needed discussions of the issues surrounding racist and sexist behavior at his campus. And even the fraternity involved has been a host to educational seminars on the topics.

Despite the controversy, school officials have resisted calls for stricter rules of conduct, Bumgarner said.

“One would think you don’t have to write every rule and regulation down,” Bumgarner said. “Especially since they tend to be about common sense more than anything else. We did not have a specific speech code and we still don’t.”