AUGUSTUS N. HAND, Circuit Judge.
The plaintiffs and intervenors, as members and affiliates of national fraternities and sororities, seek to void the resolution adopted by the Board of Trustees of the State University of New York on October 8, 1953. The resolution in effect bans social organizations having a direct or indirect affiliation with any national or other organization ouside the particular unit of the State University where such social organization is located. The resolution in its entirety is quoted below.
At the hearing plaintiffs introduced evidence to show the beneficial aspects
Plaintiffs argue that they were not notified of the pending action, but lack of notice and hearing before adoption of a resolution by an administrative body is not a denial of due process where legislative action of a prospective nature is taken under a valid delegation of powers from the legislature. See Willapoint Oysters v. Ewing, 9 Cir., 174 F.2d 676, 694, certiorari denied, 338 U.S. 860, 70 S.Ct. 101, 94 L.Ed. 527. Moreover, the Board of Trustees seems clearly within its supervisory powers, see Education Law, McK.Consol.Laws, c. 16, § 355, in making the decision that social organizations, other than strictly local autonomous ones subject without question to local control by the University, are detrimental to the educational environment at units of the State University.
Accordingly, we find that plaintiffs here have not shown that they have been deprived of any civil rights. Since the Resolution adopted by the Board of Trustees does not encroach on any constitutional rights, the action is dismissed.
Judgment for the defendants.
"Resolved that no such social organization, in policy or practice, shall operate under any rule which bars students on account of race, color, religion, creed, national origin or other artificial criteria; and be it further
"Resolved that the President be, and hereby is, authorized to take such steps as he may deem appropriate to implement this policy, including the determination of which student organizations are social as distinguished from scholastic or religious, and his decision shall be final."