ETH Lausanne must recognize Zofingia student fraternity
Published: Thursday, Dec 21st 2023, 13:30
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EPF Lausanne must recognize the Zofingia association as a university student fraternity. This is despite the fact that only male members are admitted to the association. The Federal Administrative Court has rejected an appeal by the university.
The appeal by EPF Lausanne concerned a decision by the ETH Appeals Commission. The Zofingia association had intervened with the ETH Appeals Commission after EPF Lausanne refused to recognize the all-male Zofingia membership in August 2020 with the aim of promoting equality.
The Appeals Commission then decided that Zofingia must be recognized as a university student fraternity. Among other things, this statute allows the fraternity to use the logo, rooms and official communication channels of EPF Lausanne. EPF Lausanne appealed this decision to the Federal Administrative Court in September 2021.
In its ruling, the court considers that freedom of association - just like equality - is a fundamental right. There was therefore a conflict of fundamental rights that had to be resolved in accordance with the principle of proportionality. As a result, the court deemed the ETH Lausanne's injunction against Zofingia to be disproportionate and dismissed its complaint. The university had numerous less drastic means at its disposal to achieve gender equality.
Furthermore, the Zofingia student fraternity at EPF Lausanne only has around forty members and therefore has little influence on the female student body. The presence of Zofingia members on campus also poses no threat to the studies or careers of female students.
Finally, the non-recognition of Zofingia could lead to complaints about the existence of women's fraternities at the university. The ETH Appeals Commission's weighing of interests was therefore not objectionable overall.
The judgment can be appealed to the Federal Supreme Court. (Judgment B-3985/2021 of 7.12.23)
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