Wesleyan University – September 2014 – June 2017

Fraternity ban leads to court fight

Middletown, CT

Wesleyan University’s mandate that all fraternities become co-educational by 2017 led to a dispute between Delta Kappa Epsilon (DKE), an all-male fraternity, and the university administration. When undergraduate fraternity members were prevented by officials from living in the fraternity house, DKE, along with a group of Wesleyan alumni associated with the fraternity, sued the university. A Connecticut jury awarded the alumni group, which owns the fraternity house, damages in the amount of $386,000. Wesleyan is considering its legal options, but the fraternity hopes to resolve any remaining disputes outside of court.

Key Players

Michael Roth is president of Wesleyan University. In 2014, he announced that fraternities there must become co-educational over the following three years.

Gary Breitbord is president of the Kent Literary Club, Delta Kappa Epsilon’s Wesleyan University alumni group. The club owns DKE’s house on High Street in Middletown, Connecticut, and has been unable to collect rent on the property since the university revoked its housing status.

Further Details

President Michael Roth, along with Joshua Boger, chair of Wesleyan’s Board of Trustees, announced in September 2014 that fraternities associated with the university would be required to integrate and include women. The university granted fraternities three years to implement the change. Student and alumni leaders of Delta Kappa Epsilon (DKE) disagreed with the mandate and internally deliberated about how their organization should respond, the Hartford Courant reports. Members of DKE claimed that they could not comply with Roth’s order, since the fraternity’s national organization did not permit women to become members, according to the Courant. Wesleyan said a few months later that DKE could meet the requirement by allowing women to live in the house with equal access to common areas,” the Courant reports.

In February 2015, DKE submitted a plan to university administrators that would allow women to live in the fraternity house. Specifically, the fraternity would offer six rooms to members of the sorority Rho Epsilon Pi, reports The Atlantic. Wesleyan rejected this plan and “revoked DKE’s housing status,” reports the Courant. Starting in the fall of 2015, the university did not permit undergraduate members of DKE to live in the house, thereby preventing Kent Literary Club, the alumni group that owns it, from collecting rent on the property. Wesleyan found DKE’s plan to be insufficient, as “the organization did not include any timeline or detail for its proposed approach to partner with a sorority; nor did it adequately assure the university that female residents would have full and equal access to common areas of the house,” Wesleyan’s director of communications told The Atlantic.

DKE and the Kent Literary Club sued Wesleyan, seeking reinstatement for the fraternity house as university housing. DKE “accuse[d] the university of discrimination, misrepresentation and deceptive practices,” reports the Courant. The case went to trial at the Middlesex Superior Court in Middletown, Connecticut. In June 2017, the jury awarded damages of $386,000 to the Kent Literary Club. “The verdict does not automatically reopen the fraternity house, but allows DKE to seek ‘equitable relief’ in court to argue for reinstating the fraternity’s housing status,” the Courant writes.

Gary Breitbord, president of the Kent Literary Club, told the Courant that his organization intends to address any remaining disagreements with the University outside of court. “We are gratified by the jury’s decision, which validates that we were acting in good faith and trying to meet the University’s requirements when we submitted a plan to co-educate our residence,” Breitbord said.

Wesleyan’s 2014 mandate that fraternities include women drastically changed the school’s Greek life. In 2016, The Wall Street Journal reported that “there are no frat houses left on campus.”

Outcome

Connecticut Jury Awards Damages to Fraternity’s Alumni Group

In June 2017, a jury in the Middlesex Superior Court of Connecticut ruled in favor of the Kent Literary Club, Delta Kappa Epsilon’s Wesleyan alumni group. The jury awarded the group $386,000 in damages after the alumni had been prevented from collecting rent on the fraternity’s house.

Fraternity Plans to Address Remaining Issues Outside of Court

The jury’s verdict did not reopen the fraternity house as university housing for undergraduate members of the fraternity, but it did allow the fraternity to seek “equitable relief” in arguing for a change in the property’s housing status. The Kent Literary Club hopes to address remaining issues with the university outside of court — a plan encouraged by Connecticut Superior Court Judge Edward S. Domnarski.

External References:

DKE Wins Claim Against Wesleyan In Train Over Fraternity House Closure, The Hartford Courant

Fraternity Sues Wesleyan University Over Order to Admit Women, The New York Times

Where All the Frat Houses Are Coed, The Atlantic

Party’s Over for Fraternity Houses at Wesleyan University, The Wall Street Journal

Prepared by Will Haskell ‘18

August 22, 2017