From Florio v. Gallaudet Univ., decided Friday by Judge Christopher Cooper (D.D.C.):
Two summers ago, Gallaudet University President Roberta Cordano suspended the school's chapter of the Kappa Gamma fraternity for violating a University policy banning the use of ceremonial hooded robes resembling those worn by some hate groups. Around the same time, a decades-old photograph resurfaced depicting a group of 34 chapter members performing something akin to a Nazi salute.
Announcing the suspension—which coincided with the nationwide protests over the death of George Floyd—President Cordano remarked that Kappa Gamma had "become the face of systemic racism in our community, with photographs of the salute and use of robes being shared on social media." Cordano did not display any photos or mention any fraternity member by name. The Washington Post later reported on the suspension, quoting Cordano's comments. It, too, did not publish any photograph or name any individual Kappa Gamma member….
Chartered in 1864, Gallaudet University has a storied history as the oldest college in the United States for students who are deaf and hard of hearing. The four plaintiffs in this case are Gallaudet alumni Steven Florio, Patrick Costello, William Millios, and Timothy Mallach. All graduated between 1989 and 1992 and were members of Kappa Gamma, the University's oldest fraternity.
