Wiggin and Dana Represents Wesleyan University In Connecticut Supreme Court
The Connecticut Supreme Court heard oral argument on May 1, 2019 in a case involving a dispute between Wesleyan University and a residential fraternity, Delta Kappa Epsilon. Aaron Bayer, a Wiggin and Dana partner, argued for the University.
The case stems from a policy Wesleyan adopted in 2014 that required all residential fraternities to become co-educational. Wesleyan removed DKE from the University’s residential housing program because of its concerns about DKE’s compliance with that policy and its willingness to treat female residents of the fraternity house as equals. DKE and its alumni organization, which owned the fraternity house, filed suit and won at trial, and Wesleyan appealed. In the Supreme Court, Wesleyan focused on challenging the legality of an injunction entered by the trial court that, if upheld, would compel Wesleyan to enter into a new contract with DKE and allow the fraternity to house Wesleyan students again. Such mandatory injunctions are strongly disfavored, Mr. Bayer argued, especially when they affect a university’s ability to adopt and implement its own educational policies.
Mr. Bayer was quoted in article in both the Hartford Courant and The Wesleyan Argus.