Fraternity Gender Discrimination Bibliography v2.03.
I. Rape
A. Fraternities and Rape
B. Gang Rape in General
C. On Difficulty of Conviction
D. Civil Actions Against Fraternity Rapists
II. Fraternities’ Benefits to Members
III. Hazing
IV. Application of Gender Discrimination Laws to Fraternities
A. Congressional Exemption from Existing Federal Laws
B. Freedom of Association
An incomplete bibliography, last updated July 24, 1994.
—Fraternities and Rape—
Bausell and Maloy, "The links among drugs, alcohol, and campus crime: A
research report," Paper presented at the Fourth National Conference
on Campus Violence, Campus Violence Prevention Center, Towson, MD.
Part of the paper deals with fraternity violence.
Boeringer, Scot B., Constance L. Shehan, and Ronald L. Akers, "Social
Contexts and Social Learning in Sexual Coercion and Aggression:
Assessing the Contribution of Fraternity Membership," Family
Relations, Jan 1991, 58-64. Main results: "fraternity members
did not significantly differ from independents in terms of their
self-perceived likelihood of sexually coercive behavior (using
force or committing rape). However, their mean scores on the
dependent variables that indicate actual use of nonphysical force
and drugs or alcohol to obtain sex were significantly higher than
nonmembers’ mean scores. Finally… fraternity members did not
differ significantly in their reports of having raped a woman."
Copenhaver, Stacey, and Elizabeth Grauerholz, "Sexual Victimization
Among Sorority Women: Exploring the Link Between Sexual Violence and
Institutional Practices," Sex Roles, Vol. 24, Nos. 1/2, 1991, 31.
Abstract: "This study investigates the incidence and nature of sexual
coercion among sorority women. Particular emphasis is placed on
sexual coercion that occurs within the context of fraternal life.
Overall, almost half of those studied had experienced some form of
sexual coercion, 24% experienced attempted rape, and 17% were
victims of completed rape. Almost half of the rapes occurred in
a fraternity house, and over half occurred either during a fraternity
function or was perpetrated by a fraternity member. This study
provides evidence that fraternities represent a social context that
tolerates, if not actually encourages, sexual coercion of women,
including sorority women."
Erhart and Sandler, Campus gang rape: Party Games?, Association of American
Colleges, 1985. [Vast majority of campus gang rapes committed
by fraternity members or athletes.]
Garrett-Gooding and Senter, "Attitudes and acts of sexual aggression on
a university campus," Sociological Inquiry (1987) 59:348-71.
Hokanson, Kimberly A. [Series of papers done for PhD program at Harvard
Graduate School of Education on fraternities at small schools
in the Northeast.]
Hughes and Sandler, "Friends" raping friends: Could it happen to you?,
Association of American Colleges, 1987. Part of the paper
deals with fraternity rape.
Kanin, "Reference groups and sex conduct norm violations," Sociological
Quarterly (1967), 8:495-504. [A bit dated, but arguably still
relevant.]
Lisak and Poth, Motives and Psychodynamics of Self-Reported Unincarcerated
Rapists, 60 Am. J. Orthopsychiatry 268 (1990).
Los Angeles Times, 12/22/85, Part 6, page 8. [Coverage of the Sandler
report on gang rape.]
Martin & Hummer, "Fraternities and Rape on Campus," 3 Gender & Society
457 (December 1989). Questionable methodology.
Ms. Magazine, September-October 1990, p. 52.
The Nation, July 4, 1987.
O’Shaugnessy, Mary Ellen, "Sexually Stressful Events Survey," sponsored
by the Office of the Dean of Students, University of Illinois at
Urbana-Champaign, January 22, 1990. "Men reported to be fraternity
members are over-represented as offenders associated with the
more serious crimes. Fraternity members represent approximately
25% of the undergraduate men enrolled at the UIUC during the
spring semester of 1989. However, of the 54 sexual
assaults committed by men who were reported to be UIUC students, 34
(63%) were committed by members of fraternities. Of the 56 sexual
abuse cases involving men who were UIUC students, 40 (71%) involved
fraternity members. Additionally, it is noted that three women
reported having been sexually assaulted by more than one man during
a single incident and that all of these incidents involved
fraternity members."
Parrot and Bechhofer, eds, Acquaintance Rape: The Hidden Crime, Wiley, 1991.
[This anthology of papers has several articles mentioning the
link between fraternities and rape. See especially Chris
O'Sullivan's paper.]
Parrot, Sexual Assault on Campus, 1993.
Sanday, Fraternity Gang Rape, NYU Press, 1990. [This book also seems
to have mysteriously disappeared off the shelves of nearly every
college library. Case study of a number of fraternities at the
University of Pennsylvania. Also details relationship between
male bonding and female objectification.
Sanday is probably *the* expert on the anthropology of rape,
studying over a hundred societies and societal structures to see
what sort of society is more likely to find rape acceptable.]
U.S.News and World Report, October 7, 1991. "A 1990 national survey of
more than 12,000 students by the Campus Violence Prevention Center
at Maryland’s Towson State University found that about half of all
reported acquaintance rapes were committed by frat members and
athletes." As the article notes, a number of fraternities have
put together anti-rape programs; there is no evidence, however,
that these programs have had any impact on fraternity rape rates.
Utne Reader, May/June 1990, page 69.
Warshaw, I Never Called It Rape, Harper & Row, 1988.
Washington Post, 12/20/85, page B3. [Coverage of the Sandler report on
gang rape.]
From a post by an5…@anon.penet.fi in alt.college.fraternities, edited only
for spelling:
- Hide quoted text — Show quoted text -
>According to the Department of Justice’s statistics office (as an
>aside, all these numbers are collaborated by the FBI’s campus-watch
>program, begun in 1983):
>A male fraternity member was named as the aggressor in 93% of
>all university-related reported rapes between 1984 and 1993.
>In terms of strict geographic locality, more alleged rapes occur
>within the property lines of fraternity and sorority houses than
>any other specific area in the United States (excluding military
>bases and prisons).
>More [legal] action (alleging sexual or violent assault) is brought
>against fraternities than any other school-related student or
>faculty organizations in the United States (including campus-
>related military organizations, such as veterans groups and ROTC).
>The rate of hazing deaths has not decreased since a brief
>hiatus in 1962-67. In fact, marked increases in deaths of college
>males affiliated with fraternities were seen in 1973, 1979,
>1985, 1986 and 1990. Since 1990, the rate has been relatively
>unchanged.
>A woman is more likely to report being raped at or after
>a fraternity- or sorority-organized event where alcoholic beverages
>are present than outside, by a stranger in any urban area in the
>United States, with the exception of Detroit, Michigan (+3%
>difference).
>Hope this clears of any inconsistencies. Part of the reason I
>wrote this is because I was raped myself when pledging
>OX at the University of California, Berkeley in 1977.
>I am a man, obviously. Obviously women do not bear the pain
>and horror and embarassment of Fraternity rape alone; many
>men do as well, but, like myself, do not report it.
>For that reason, I hope you don’t take offence at my wish to
>remain anonymous. These figures can be verified via the FBI’s
>Statistic Helpline resource (where I found them) or through most
>any SPSS criminology database that crossreferences both FBI
>and Dept. of Justice data.
>X at Hastings Law College
—Gang Rape in General—
Blakely, "The New Bedford verdict," Ms. (July 1984), 116.
Geis, "Group sexual assaults," Medical Aspects of Human Sexuality (May
1971), 101-13.
Medea and Thompson, Against Rape, Farrar, Straus, & Giroux (1974).
See also Erhart and Sandler, supra, and O’Sullivan in Parrot and Bechhofer,
supra.
—On Difficulty of Conviction:—
[Though not specific to the issue of fraternities, in my opinion, the
following sources help one understand why rape in fraternities is such
a problem -- it is close to impossible to convict for a fraternity rape,
and one can see why when applying the general information from the following
books.]
Estrich, Real Rape, Harvard U Press, 1987.
Rowland, The Ultimate Violation, Doubleday, 1985.
See also, August 19, 1993 Boston Globe: "Woman Wins Settlement From College,
Fraternity in Rape Case," detailing a Colgate student who successfully
sued Sigma Chi for their role in her gang rape after the local
prosecutor failed to take any action.
—Pro-Fraternity—
A man by the name of William Muse has written several books on fraternities,
none of which I have access to. The titles of the books seem to indicate
that running a large social organization is good training for running
a business later, a relatively uncontroversial hypothesis. To my knowledge,
he doesn’t make a defense of the all-male nature of the social organization,
nor does he discuss the rape rate in fraternities. One would suspect
that a co-ed social organization would provide better training than an
all-male organization, for the simple reason that even the business world
is comprised of both men and women. It’s not clear how much relevance
his studies have to the 1990′s.
As of July 24, 1994, I have not found a single article exonerating
fraternities for their excessive rape rate, despite repeated requests
over the last three years.
—Hazing Sources—
I’ve researched this less extensively, though I’m aware of where one might
want to start research on the subject.
Hank Nuwer, Broken Pledges: the deadly rite of hazing, Longstreet
Press, 1990. ISBN 092926472X [haven't read this yet]
Cialdini, R.B. (1985). Commitment and consistency: Hobgoblins of the
mind. in _Influence:_Science_and_Practice. Glenview, IL: Scott, Foresman.
[I haven't yet read this article, which was recommended to me by a friend.]
Eileen Stevens, whose son, Chuck, died in a hazing incident at Alfred
University, has successfully lobbied most state legislatures to pass
a series of [rarely enforced] anti-hazing laws. Her organization, CHUCK,
should have a great deal of information on the subject.
Psychology Today did a very good article on hazing sometime between 1986 and
1990.
Rolling Stone, some time in the summer of 1992, published a mostly
sympathetic article on Dartmouth fraternities. They mention a leader of
the anti-fraternity movement there, and he may have additional information.
And, of course, a NEXIS search for "fraternity and (haze or hazing or CHUCK)"
will turn up a large number of mainstream press articles on the subject.
– Congressional Exemption from Sex Discrimination Laws —
Fraternities are exempt from the federal civil rights laws, and are thus
free to discriminate as they please. The statute is 20 USC $ 1681(a)(6).
The Congressional debate passing the exemption is at 120 Cong Rec 41390-94.
A good summary of the law and other issues associated with associational
sex discrimination is in Deborah L. Rohde’s "Justice and Gender," pp. 274-
288 (Harvard U Press, 1988).
A number of people have suggested that fraternities would still be
protected from gender discrimination laws by the First Amendment’s
protections for freedom of association. The issue is a matter of
some debate. For further research on the matter, see:
Frank v. Ivy Club, 120 N.J. 73, 576 A.2d 241 (1990), cert. denied,
111 S.Ct. 799 (1991) (desegregating Princeton eating clubs under
New Jersey anti-discrimination law);
New York State Club Ass’n v. City of New York, 487 U.S. 1 (1988)
(upholding New York City law desegregating all-male luncheon
clubs).
Board of Directors of Rotary Int’l v. Rotary Club, 481 U.S. 537
(1987) (preventing national Rotary Club from expelling local
chapter that had admitted women).
Roberts v. United States Jaycees, 468 U.S. 609 (1984) (Jaycees
do not qualify as "intimate association" protected by First
Amendment and Minnesota anti-discrimination law can apply to
them).
While the Court has stated that "intimate association" is
protected, as yet, "no private club or association has been
protected in any manner by the right of intimate association."
See Note, State Power and Discrimination by Private Clubs:
First Amendment Protection for Nonexpressive Associations,
104 Harv. L. Rev. 1835 (1991) (criticizing Frank v. Ivy Club,
but recognizing state interest in preventing discrimination in
clubs that are not purely social).
See also Nancy Horton, Traditional Single-Sex Fraternities on
College Campuses: Will They Survive in the 1990′s, 18 J. College
& University Law 419 (1992) (criticizing Frank v. Ivy Club, but
acknowledging that that case "threatens the membership practices
of fraternities across the United States"; outlines strategy to
protect fraternity gender discrimination).
Daniel L. Schwartz, Comment, Discrimination On Campus: A Critical
Examination of Single-Sex College Social Organizations, 75 Calif.
L. Rev. 2117 (1987), however, argues that fraternities would not
be protected by the freedom of association.
Martha McCluskey, Privileged Violence, Principled Fantasy,
and Feminist Method: The Colby Fraternity Case, 44 Maine
Law Review 261 (1992), is an analysis of the Phelps v. Colby
College case, as well as the impact of Colby fraternities on
women there.
I have yet to look at the following four notes or articles:
Note, Board of Directors of Rotary International v. Rotary Club
of Duarte: Prying Open the Doors of the All-Male Club, 11 Harv.
Women’s L. J. 117 (1988).
Burns, The Exclusion of Women from Influential Men’s Clubs: The
Inner Sanctum and the Myth of Full Equality, 18 Harv. C.R.-C.L.
Rev. 321 (1983).
Note, Freedom of Association: The Attack on Single-Sex College
Social Organizations, 4 Yale L. & Policy Rev. 426 (1986).
Steinberg, Rape on College Campus: Reform Through Title IX,
18 J. College & University Law 39 (1991).
An old Supreme Court case, Waugh v. University of Mississippi,
237 U.S. 589 (1915) upheld a Mississippi law prohibiting
students from joining fraternities; while never overruled, it is
extremely unlikely that this case would be considered good law
in light of Healy v. James, 408 U.S. 169 (1972).
I’ve heard reports that Delta Kappa Epsilon is currently engaged
in litigation with Middlebury College over that campus’s abolishing
of gender discrimination. Any information on the status or
existence of that suit would be appreciated.
—
Thanks to rplot…@athena.mit.edu, jen…@titan.ucc.umass.edu,
ful…@silver.ucs.indiana.edu, r…@merrimack.edu, Martha
McCluskey, yh2…@student.law.duke.edu and an5…@anon.penet.fi
and other anonymous contributors for their contributions and
corrections to this bibliography.
—
Anyone wishing to add to this bibliography, please e-mail me at
t…@ellis.uchicago.edu. I’m looking for a pointer to the Southern
Illinois University Study on fraternities and drinking.
—
ted frank "He was doomed, as he knew that there is no force
strong enough to break the bond between library
paste and a library." — Kibo