2015 University of Oklahoma Sigma Alpha Epsilon racism incident: Difference between revisions

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[[First Amendment]] law specialist and [[UCLA School of Law | UCLA Law]] professor [[Eugene Volokh]] asserted that President Boren's actions were unconstitutional and that the University had no legal right to expel the students.<ref>{{cite web|last1=Volokh|first1=Eugene|title=No, a public university may not expel students for racist speech|url=http://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/03/10/no-a-public-university-may-not-expel-students-for-racist-speech/|work=[[The Volokh Conspiracy]]|publisher=The Washington Post|accessdate=10 March 2015|date=10 March 2015}}</ref> Oklahoma State University media law associate professor Joey Senat stated that the chant was offensive but is still protected [[Freedom of speech in the United States|free speech]].<ref>{{cite web | url=http://www.latimes.com/nation/la-na-oklahoma-fraternity-fallout-20150310-story.html|publisher=Los Angeles Times|accessdate=10 March 2015|date=10 March 2015 | title=Expelled University of Oklahoma student in racist chant video 'deeply sorry'}}</ref>
[[First Amendment]] law specialist and [[UCLA School of Law | UCLA Law]] professor [[Eugene Volokh]] asserted that President Boren's actions were unconstitutional and that the University had no legal right to expel the students.<ref>{{cite web|last1=Volokh|first1=Eugene|title=No, a public university may not expel students for racist speech|url=http://www.washingtonpost.com/news/volokh-conspiracy/wp/2015/03/10/no-a-public-university-may-not-expel-students-for-racist-speech/|work=[[The Volokh Conspiracy]]|publisher=The Washington Post|accessdate=10 March 2015|date=10 March 2015}}</ref> Oklahoma State University media law associate professor Joey Senat stated that the chant was offensive but is still protected [[Freedom of speech in the United States|free speech]].<ref>{{cite web | url=http://www.latimes.com/nation/la-na-oklahoma-fraternity-fallout-20150310-story.html|publisher=Los Angeles Times|accessdate=10 March 2015|date=10 March 2015 | title=Expelled University of Oklahoma student in racist chant video 'deeply sorry'}}</ref>


In a column published in ''USA Today'', [[Glenn Reynolds]], a Professor of Law at the [[University of Tennessee]], explained, "David Boren broke the law, while the fraternity brothers merely behaved badly."<ref name="glennusatoday">Glenn Harlan Reynolds, [http://www.usatoday.com/story/opinion/2015/03/15/ou-oklahoma-frat-race-free-speech-column/24808377/ OU broke the law to avoid bad press], ''USA Today'', March 17, 2015</ref> He added, "Boren's behavior was not only illegal — and clearly so — it was also a betrayal of the duty of fairness that he, as a university president, owes to every student enrolled in his university." He concluded, "Boren's behavior revealed OU to be a place ruled by panic and prejudice, not the sort or reason and fairness that a university should embody."
In a column published in ''USA Today'', [[Glenn Reynolds]], a Professor of Law at the [[University of Tennessee]], explained, "David Boren broke the law, while the fraternity brothers merely behaved badly."<ref name="glennusatoday">Glenn Harlan Reynolds, [http://www.usatoday.com/story/opinion/2015/03/15/ou-oklahoma-frat-race-free-speech-column/24808377/ OU broke the law to avoid bad press], ''USA Today'', March 17, 2015</ref>


On March 13, it was announced that Alumni on the board of OU's SAE chapter had hired civil rights attorney [[Stephen Jones (attorney)|Stephen Jones]] to look into the legal issues involving the chapter’s suspension and eviction of members from its fraternity house at OU campus.<ref name=Ohlheiser>{{cite news|last1=Ohlheiser|first1=Abby|title=Sigma Alpha Epsilon ‘not ruling out a lawsuit’ against Oklahoma University, says lawyer|url=http://www.washingtonpost.com/news/grade-point/wp/2015/03/13/reports-ous-sigma-alpha-epsilon-fraternity-plans-to-sue-the-university/?hpid=z4|accessdate=13 March 2015|publisher=Washington Post|date=13 March 2015}}</ref> The SAE headquarter quickly released a statement that the national organization was not involved in retaining Mr. Jones and was unaware of his intentions,<ref>{{cite news|url=http://www.sae.net/oklahoma |title= Statement in Response to March 13 Stephen Jones Press Conference |work=SAE Media Statement |date=2015-03-13 |accessdate=2015-03-13 }}</ref> and that board officials with the OU local chapter had stopped communicating with them since the chapter was closed on March 9.<ref>{{cite news |url=http://www.detroitnews.com/story/news/nation/2015/03/13/oklahoma-fraternity-racist-video/70270048/ |title= Oklahoma fraternity chapter hires high-profile attorney |work=The Detroit News |date=2015-03-13 |accessdate=2015-03-13 }}</ref> In 1992, [[Sigma Chi]] Fraternity successfully challenged similar action taken against them by [[George Mason University]].<ref>{{cite web | url=http://www.washingtonpost.com/news/morning-mix/wp/2015/03/11/expelled-oklahoma-students-have-an-excellent-chance-of-succeeding-if-they-sue/ | title=Why expelled Oklahoma frat boys would have an ‘excellent chance’ in court | date=2015-03-11 | author=Terrence McCoy | publisher=[[The Washington Post]] | accessdate=2015-03-17 }}</ref>
On March 13, it was announced that Alumni on the board of OU's SAE chapter had hired civil rights attorney [[Stephen Jones (attorney)|Stephen Jones]] to look into the legal issues involving the chapter’s suspension and eviction of members from its fraternity house at OU campus.<ref name=Ohlheiser>{{cite news|last1=Ohlheiser|first1=Abby|title=Sigma Alpha Epsilon ‘not ruling out a lawsuit’ against Oklahoma University, says lawyer|url=http://www.washingtonpost.com/news/grade-point/wp/2015/03/13/reports-ous-sigma-alpha-epsilon-fraternity-plans-to-sue-the-university/?hpid=z4|accessdate=13 March 2015|publisher=Washington Post|date=13 March 2015}}</ref> The SAE headquarter quickly released a statement that the national organization was not involved in retaining Mr. Jones and was unaware of his intentions,<ref>{{cite news|url=http://www.sae.net/oklahoma |title= Statement in Response to March 13 Stephen Jones Press Conference |work=SAE Media Statement |date=2015-03-13 |accessdate=2015-03-13 }}</ref> and that board officials with the OU local chapter had stopped communicating with them since the chapter was closed on March 9.<ref>{{cite news |url=http://www.detroitnews.com/story/news/nation/2015/03/13/oklahoma-fraternity-racist-video/70270048/ |title= Oklahoma fraternity chapter hires high-profile attorney |work=The Detroit News |date=2015-03-13 |accessdate=2015-03-13 }}</ref> In 1992, [[Sigma Chi]] Fraternity successfully challenged similar action taken against them by [[George Mason University]].<ref>{{cite web | url=http://www.washingtonpost.com/news/morning-mix/wp/2015/03/11/expelled-oklahoma-students-have-an-excellent-chance-of-succeeding-if-they-sue/ | title=Why expelled Oklahoma frat boys would have an ‘excellent chance’ in court | date=2015-03-11 | author=Terrence McCoy | publisher=[[The Washington Post]] | accessdate=2015-03-17 }}</ref>

Revision as of 17:00, 19 March 2015

The University of Oklahoma Sigma Alpha Epsilon racism incident occurred on March 7, 2015, when University of Oklahoma (OU) Sigma Alpha Epsilon (SAE) members were filmed performing a racially insensitive song that used the word "nigger", referenced lynching, and implied that black students would never be admitted to the fraternity.

After a video of the incident was published the SAE chapter was closed and two of its members expelled. Alumni of the local chapter have suggested they may take legal action against the university.

Incident

Videos were recorded while fraternity members and their dates were riding on a chartered bus to an event celebrating the national organization's Founder's Day. In the video the students are heard singing a chant to the tune of "If You're Happy and You Know It". The chant begins with the refrain, "There will never be a nigger in SΑΕ", which is followed by the lyrics, "You can hang him from a tree, but he can never sign with me", followed again by the refrain.[1][2]

The video of the incident was reported on by The Oklahoma Daily on Sunday March 8, and also posted online by student group OU Unheard.[3]

An additional video emerged showing the fraternity's house mother, Beauton Gilbow, using a racial slur while singing along to a rap song at the fraternity in 2013.[4] Gilbow later stated that she was singing along at the time to rapper Trinidad James' song "All Gold Everything", which heavily uses the same racial pejorative, and apologized for any offense.[5]

Sigma Alpha Epsilon, which was founded before the American Civil War in the antebellum south, has a history of discriminatory incidents.[6][7][8]

Fraternity and university reaction

On the night of March 8th the fraternity's parent organization had suspended the members, and OU officials had given them until the end of the following Tuesday to move out.[9][10]

The fraternity strongly denied that they taught members the racist song, and claims to be investigating additional racist incidents.[11] The University of Texas is looking into claims the chant was used by SAE members there. [12]

University of Oklahoma president David Boren expelled two students who he said "played a leadership role" in creating "a hostile learning environment for others."[13][10]

On March 10, OU Facilities Management removed the fraternity's Greek letters from the house. They later put a padlock on the facility's gate, blocked off the parking lot with barriers and caution tape and changed the locks.[14]

At a March 18th press conference SAE apologized and vowed to promote diversity. [15]

Other responses

On campus

In response to the video the Oklahoma Sooners college football team held arm-in-arm protest vigils instead of attending practice.[16] 4-star recruit Jean Delance decommitted from the team in response to the video.[17]

In the media

Robby Soave of the Reason Foundation wrote that the OU had failed to expel a freshman "caught on tape punching a female student in the face" in 2014. He concluded, "if anybody was going to be railroaded off campus without so much as a hearing, you would think it might be perpetrators of actual violence, rather than perpetrators of offensive speech (which is not actually a category of crime)."[18]

Meanwhile, Mika Brzezinski and Joe Scarborough of Morning Joe television show blamed the fraternity brothers' use of the n-word on rap music.[19]

Legal issue

The action taken by the university was based on school's Student Rights & Responsibilities Code[20] and its responsibilities under federal anti-discrimination law.[21]

First Amendment law specialist and UCLA Law professor Eugene Volokh asserted that President Boren's actions were unconstitutional and that the University had no legal right to expel the students.[22] Oklahoma State University media law associate professor Joey Senat stated that the chant was offensive but is still protected free speech.[23]

In a column published in USA Today, Glenn Reynolds, a Professor of Law at the University of Tennessee, explained, "David Boren broke the law, while the fraternity brothers merely behaved badly."[24]

On March 13, it was announced that Alumni on the board of OU's SAE chapter had hired civil rights attorney Stephen Jones to look into the legal issues involving the chapter’s suspension and eviction of members from its fraternity house at OU campus.[25] The SAE headquarter quickly released a statement that the national organization was not involved in retaining Mr. Jones and was unaware of his intentions,[26] and that board officials with the OU local chapter had stopped communicating with them since the chapter was closed on March 9.[27] In 1992, Sigma Chi Fraternity successfully challenged similar action taken against them by George Mason University.[28]

References

  1. ^ "University of Oklahoma president evicts Sigma Alpha Epsilon brothers from campus frat house after racist video". New York Daily News.
  2. ^ "Fraternity Caught on Video Singing Racist Song". InsideHigherEd.com. Retrieved March 12, 2015.
  3. ^ "Oklahoma fraternity's 'racists and bigots' condemned as protests grow". The Guardian. 9 March 2015.
  4. ^ "As Two Oklahoma Students Are Expelled for Racist Chant, Sigma Alpha Epsilon Vows Wider Inquiry". The New York Times. 2015-03-11. Retrieved 2015-03-11.
  5. ^ "Fraternity 'Mom' Is 'Heartbroken' Over Video That Shows Her Singing N-Word". Talking Points Memo. 2015-03-11. Retrieved 2015-03-11.
  6. ^ "The Ugly, Racist, Deadly History of Sigma Alpha Epsilon". Slate. March 2015.
  7. ^ "University of Oklahoma fraternity has history of racist incidents elsewhere". Christian Science Monitor. 14 March 2015.
  8. ^ "Fraternity in Racist Video Has Roots in Antebellum South". The New York Times. 11 March 2015.
  9. ^ McLaughlin, Eliott C. (March 10, 2015). "'Disgraceful' University of Oklahoma fraternity shuttered after racist chant". CNN. Retrieved March 13, 2015.
  10. ^ a b "Parker Rice identified as student expelled from OU after racist chant". OU Daily. 2015-03-10. Retrieved 2015-03-10.
  11. ^ "Sigma Alpha Epsilon says it's investigating additional racist 'incidents'". The Washington Post. 11 March 2015.
  12. ^ "Racist fraternity chant may not be limited to University of Oklahoma". LA Times. 11 March 2015.
  13. ^ "University Of Oklahoma Racist Fraternity Video: 2 SAE Students Expelled For 'Leadership Role'". International Business Times. 10 March 2015.
  14. ^ "Sigma Alpha Epsilon members remove last of their belongings from frat house". OU Daily. 2015-03-11. Retrieved 2015-03-11.
  15. ^ "Sigma Alpha Epsilon Apology Announcement: SAE Fraternity Vows To Promote Diversity After Racist Chant Video". IBT. 18 March 2015.
  16. ^ "SAE video scandal could galvanize Sooners". ESPN. 16 March 2015.
  17. ^ "Sooners skip practice to protest fraternity's racist video". FOX Sports. 9 March 2015.
  18. ^ Robby Soave, Oklahoma U. Expels Racist Students, But Not Violent Football Players, Reason Foundation, March 12, 2015
  19. ^ Meg Wagner, ‘Morning Joe’ hosts blame racist Sigma Alpha Epsilon video on rap music, The New York Daily News, March 11, 2015
  20. ^ "Student Rights and Responsibilities Code 2014-2015" (PDF). University of Oklahoma. September 19, 2011. Retrieved March 11, 2015.
  21. ^ Feldman, Noah (2015-03-11). "Balancing the First Amendment vs. racist chants at the University of Oklahoma". Chicago Tribune. Retrieved 14 March 2015.
  22. ^ Volokh, Eugene (10 March 2015). "No, a public university may not expel students for racist speech". The Volokh Conspiracy. The Washington Post. Retrieved 10 March 2015.
  23. ^ "Expelled University of Oklahoma student in racist chant video 'deeply sorry'". Los Angeles Times. 10 March 2015. Retrieved 10 March 2015.
  24. ^ Glenn Harlan Reynolds, OU broke the law to avoid bad press, USA Today, March 17, 2015
  25. ^ Ohlheiser, Abby (13 March 2015). "Sigma Alpha Epsilon 'not ruling out a lawsuit' against Oklahoma University, says lawyer". Washington Post. Retrieved 13 March 2015.
  26. ^ "Statement in Response to March 13 Stephen Jones Press Conference". SAE Media Statement. 2015-03-13. Retrieved 2015-03-13.
  27. ^ "Oklahoma fraternity chapter hires high-profile attorney". The Detroit News. 2015-03-13. Retrieved 2015-03-13.
  28. ^ Terrence McCoy (2015-03-11). "Why expelled Oklahoma frat boys would have an 'excellent chance' in court". The Washington Post. Retrieved 2015-03-17.

External links

35°12′25″N 97°26′43″W / 35.20694°N 97.44528°W / 35.20694; -97.44528

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