Today, Dartmouth College permanently derecognized the Psi Epsilon Chapter at Dartmouth College of Zeta Psi Fraternity of North America, Inc. Psi Epsilon of Zeta Psi deeply regrets that Dartmouth College has taken this action. This action was not justified on the merits. The penalty imposed was overly harsh and grossly disproportionate to the offenses charged.
Dartmouth claimed that Psi Epsilon of Zeta Psi committed harassment of various individuals in violation of Dartmouth College policies, and that it breached certain minimum standards set by the College by violating its national organization's policies and its own internal policies. Specifically, Psi Epsilon of Zeta Psi was accused of producing certain Newsletters which were threatening and constituted harassment of one or more women.
Nothing could be further from the truth. Psi Epsilon of Zeta Psi did not threaten or harass any women. The Newsletters at issue were fictional. The Newsletters did not contain any threats against women. The Newsletters were humor, satire and parody. They were designed to make fun of members of Psi Epsilon of Zeta Psi. The Newsletters were not intended to be seen or read by individuals who were not members of Psi Epsilon of Zeta Psi. The Newsletters were not meant to be disclosed to members outside of Psi Epsilon of Zeta Psi. They contained private communications. One Newsletter became public after it was stolen from Zeta Psi premises, a second alleged Newsletter was made public when it was taken without permission from a member's room, and a third Newsletter was destroyed by Psi Epsilon of Zeta Psi and was only made public because a Dartmouth sorority woman, not formally affiliated with Psi Epsilon of Zeta Psi, although well known to its members, decided to comb through a dumpster to find it.
We never published or intended to publish date rape techniques. Such techniques never existed. The Newsletters did not condone, teach or advocate date rape. Psi Epsilon of Zeta Psi does not condone, teach or advocate date rape in any manner. The reference to date rape in one newsletter was merely a joke; it was not directed at any particular individual, and was meant to make fun of a member.
Dartmouth College confuses what some might consider offensive speech with threatening or harassing speech. Dartmouth College has chosen to interpret harassment in this case so widely that almost any type of speech deemed offensive by some member of the Dartmouth community can now result in severe sanctions. This action threatens the free speech rights of all students and organizations and is tantamount to a "speech code" subject to arbitrary and selective enforcement. Dartmouth's conduct violates Dartmouth's own Principle of Free Speech found in the Student Handbook.
Dartmouth College lacks jurisdiction to punish Psi Epsilon of Zeta Psi for alleged violations of policies and procedures of Zeta Psi Fraternity of North America, Inc. That power rests with Zeta Psi Fraternity of North America, Inc.
Likewise, Dartmouth College lacks jurisdiction to punish Psi Epsilon of Zeta Psi's for alleged violations of its own rules or regulations. Such power is reserved to Psi Epsilon of Zeta Psi.
By its decision today, Dartmouth College has shown that it will not respect the right to privacy of a private fraternal organization. By its decision today, Dartmouth College has shown that it will not respect the rights of students to free association, including the right of men and women to join Greek organizations. By its decision today, Dartmouth College has shown that it will not respect the right to free speech, particularly when some find that speech to be subjectively offensive. We find such actions by Dartmouth College incompatible with its own rules and regulations, contrary to its own educational mission and at odds with its responsibility as a preeminent institution in a free society.
At present, Psi Epsilon of Zeta Psi will consider its appeal rights and whether further legal action is merited.
Psi Epsilon of Zeta Psi had requested that the organization not be de-recognized so that it may have the opportunity to be an impetus for an improvement in gender relations on the Dartmouth campus.
Psi Epsilon of Zeta Psi is a fine organization made up of excellent young men, many of whom will undoubtedly go on to be leaders in the legal, scientific and business communities. It has made significant contributions to Dartmouth College. It intends to continue to do so in the future.
