Category Archives: Short Takes

Campus Left: ‘Not OK to Be White’

“It’s OK to Be White” signs have been popping up on campuses apparently to show that any similar slogan ending in a reference to any other racial, ethnic or gender group would be welcomed by college students, but not one ending in “White.” Sure enough, the “White” signs have been pulled down rapidly, apparently by the campus left, with some students saying the motto is a clear attack on diversity or a hateful expression of “white supremacy. “

Since Halloween, the signs have turned up at Princeton, the University of Iowa, Tulane, Harvard, the University of Maryland, Purdue, Concordia College in Minnesota and the University of Alberta and the University of Toronto in Canada.

More than a dozen handmade stickers reading “It’s Okay to Be White” surfaced around Harvard Square last Wednesday, prompting Cambridge officials to remove them and the Dean of Harvard Law School, Marcia L. Sells, to denounce the signs as “provocations intended to divide us.”

The Harvard Crimson reported that the stickers appeared to be part of a campaign started on the controversial forum website 4chan, which called upon followers to put up posters with the message in their area on Halloween night. The author of the original post on the site wrote that they hoped the “credibility of far-left campuses and media get nuked” as a result of the incident, adding that they could help achieve a “massive victory for the right in the culture war.”

Some campuses worked hard to spin the news as they reported it. The University of Kansas student newspaper ran the news of the signs as “white supremacy posters found around campus.”

John Hinderaker, writing at Power Line, reported that “A group of students at Concordia College in Moorhead, Minnesota, did something so outrageous, so transgressive, that it has roiled the campus and led to newspaper headlines: they posted signs on campus that say, “It’s OK to be white.”

You might think that in a campus environment where a thousand genders are blooming, you could finish a sentence beginning “It’s OK to be…” in just about any possible manner. But you would be wrong.

Concordia students said the whole “plan” goes against the diversity message at the school.

Leftists divined that those who put up the signs are not entirely on board with the bullying zeitgeist of 21st-century education:

Senior Micah Ferden said, “(I) was really shocked that someone had the guts to do this because we try to promote diversity so much, and seeing this is saying ‘Hey, we still have students who aren’t fully invested in this diversity message.’”

A naive observer might have thought the message of the signs was anodyne. Moorhead, Minnesota, where Concordia is located, is 90.4% white, according to Wikipedia. So, a naïve observer might assume, it had better be OK to be white. But some thoughts must not be spoken. Concordia’s President has announced an “open forum” to discuss the radical sign.

Unsurprisingly, the campus left was generally prone to seeing the posters as out of bounds and illegitimate, though whites, particularly white males, have been the unofficial punching bags as oppressors in movements against “white privilege and “white fragility,” With campus leftists in recent weeks instructing whites to move to the back of lecture halls.

A Medal Not All Are Eligible for

LL Cool J was one of eight winners this year of the Hutchins Center’s W.E.B. Dubois Medal, Harvard University’s highest honor in the field of African and African America studies. It is awarded to individuals “in recognition of their contribution to African American culture and the life of the mind.”

We notice that many expected names are missing from the list of 165 winners since the medal was first bestowed in 2000. Thomas Sowell, a clear overachiever and perhaps the best-known African American scholar, has never won. Neither have noted black scholars Shelby Steele, Walter Williams or John McWhorter. Former Attorney General Eric Holder won a DuBois medal, but not Condoleezza Rice or Colin Powell, both former secretaries of state. Talking head Donna Brazile won, but not talking head Michael Steele. Oprah won, as has Harry Belafonte, but not James Earl Jones. Harvey Weinstein won in 2014, presumably for his fund-raising skill, rather than for his contributions to the life of the mind, but that award was rescinded this year.

What can explain all those omissions? Our current theory is that the medal goes only to the left and that most moderates and all conservatives just don’t qualify as contributors to black culture. LL Cool J supported President Obama, but he also backed NY Republican Governor George Pataki for a third term.  “Nobody should assume that I’m a Democrat either. I’m an Independent, you know,” he said. Clear enough, but one more rightward lurch and he may have to be rescinded.

Brooklyn College Stifles Pro-Israel Voices

A few weeks ago, the David Horowitz Freedom Center caused a stir at Brooklyn College by placing posters on campus labeling two of the college’s professors “terrorist supporters.” The college’s president, Michelle Anderson, issued a statement condemning the posters as “targeted intimidation” designed to “defame and silence specific individuals,” claiming those targeted were “at risk for further harassment and abuse.” She further noted that “robust discourse” on public policy issues is central to the college’s mission and, thus, that those in the college community have a right to express opinions in an atmosphere “free from hate.

Related: How Soft Censorship Works at College

But the charge leveled by the Freedom Center is arguably true. In 2014, both of the accused professors, Samir Chopra and Corey Robin, were arrested outside the Israeli mission in New York for protesting the Israeli bombing of Gaza. The Israeli bombing at issue was the culmination of a series of events: Hamas members kidnapped and killed three Israeli teenagers in the West Bank. During its operation to find the teens, Israel arrested a number of Hamas leaders. Hamas retaliated by launching 80 rockets from Gaza into Israel, and that prompted Israel to launch a major military operation into Gaza. The two professors were arrested protesting this operation.

By demonstrating against the Israeli bombing of Gaza, but not the rocket attacks against Israel that prompted that bombing, Professors Robin and Chopra clearly sided with the Hamas-led government in Gaza. Hamas has long been designated as a terrorist organization by both the European Union and the United States. Thus, a reasonable person could conclude that by publicly siding with Hamas, the two professors are indeed supporting terrorists.

Because the Freedom Center’s accusation against the two professors is arguably true, it is not “defamatory,” as President Anderson alleges. Indeed, labeling those who support the Hamas-led government as terrorists could catalyze useful discussion of the Israeli-Palestinian conflict. Among the questions to be debated are: do rocket attacks against civilian targets in Israel constitute terrorism, and at what point does Israel’s defense against these attacks become disproportionate and therefore unjustified?

Thus, the Freedom Center’s posters – provocative as they were – were not defamatory, and they might promote healthy debate. As such, they fall well within the realm of constitutionally protected speech

Related: How Colleges Promote Censorship and Undermine Free Speech

Further, President Anderson’s use of the term “hate” to describe the posters stifles the “robust discourse” she claims as central to the college’s mission. Opposing the strongly held view of the head of a college isn’t easy under any circumstance, but it would be especially risky in this case. Why would a student or faculty member even bother to seriously examine a college-condemned viewpoint if coming to accept its validity might get you shunned as a “hater.” Simply put, President Anderson’s argument is a rhetorical ruse designed to chill speech with which she disagrees.

Unfortunately, this incident is not an aberration: Brooklyn College has a history of suppressing the voices of Israel’s supporters. In 2013, Brooklyn College security officers removed four pro-Israel students from a campus forum featuring opponents of Israel, claiming later to the press that “official reports” had indicated that the students were disruptive. In fact, a subsequent independent investigation proved (based on audio tapes) that there was no disruption and, thus, no justification for removing the students. The so-called official report of that disruption was based on a false account of the incident given by a college vice president. That the college apologized to the students – over a year after the event – is small compensation for stifling their voices and defaming them to the press.

Jerry Brown Vetoes Unfair State Bill on Campus Sexual Misconduct Rules

A pleasant surprise: Governor Jerry Brown has vetoed the California bill designed to protect the unfair procedures of the Obama Education Department’s guidance on how to deal with sexual misconduct on campus. His decision was explicitly based on due-process grounds. The Obama-era policies discouraged cross-examination, suggested that accusers (but not the accused) be allowed to appeal decisions and lowered the burden of proof of misconduct to “a preponderance of evidence” — slightly over 50% or 50.0001% likelihood of guilt.

Brown wrote in a statement:

“Thoughtful legal minds have increasingly questioned whether federal and state actions to prevent and redress sexual harassment and assault—well-intentioned as they are—have also unintentionally resulted in some colleges’ failure to uphold due process for accused students. Depriving any student of higher education opportunities should not be done lightly, or out of fear of losing state or federal funding.”

Betsy DeVos, the new secretary of education, is revising the Obama guidance, which was never subject to public notice and comment as new rules are required to be. The Obama education department argued that the new rule was a clarification of existing rules, though many of the recommendations were clearly new.

The Diversity Takeover of Science and Tech Has Begun

The director of UCLA’s Women in Engineering program trotted out the usual role model argument for gender-and race-conscious decision-making. Audrey Pool O’Neal told the Daily Bruin that she never saw anyone who looked like her (black and female) when she was an undergraduate and graduate student. “When I do teach classes, the female students let me know how much they appreciate seeing a woman in front of their classroom,” O’Neal said.

Why not appreciate seeing the best-trained scholar in front of your classroom? Any female who thinks that she needs a female in front of her in order to learn as much as she can, or to envision a career in a particular field, has declared herself a follower rather than a pioneer—and a follower based on a characteristic irrelevant to intellectual achievement…. Marie Curie did not need female role models to investigate radioactivity; she was motivated by a passion for understanding the world. That should be reason enough to plunge headlong into the search for knowledge. — From “Standing on the Shoulders of Diversocrats” in City Journal.

Contrarian Librarian vs. Dr. Seuss

News item:  Massachusetts Elementary School Librarian rejects First Lady’s gift of Dr. Seuss books, calling them “racist propaganda.”

 

The things that you learn when you go back to school
Some of them hard, but a lot of them cool
Like ways you can measure the height of a tree
And who first established the land of the free

And how many elements go into steel
And why breakfast is our most meaningful meal
And what you should never put into a freezer
And who wrote the powerful play Julius Caesar

Plus, alas, a new subject that won’t tax your brain
Because it’s so totally numb and inane
The good Doctor Seuss has now given offense
To a school librarian shorn of all sense

She finds that his works, which enthralled generations
Are filled with the very worst kind of sensations
They’re not about Grinches or Hortons or Whos,
They’re not about Elephants, Tigers or Zoos

They’re not about Loraxes, Yertles or Hats
They’re not about Green Eggs or Zebras or Cats
No, they’re chock full of racism, bias and worse
If only you know how to decode his verse

Theodore Geisel was the name of the Doc
In life he was found in the liberal bloc
But that was back then, when his books were adored
Not now when those works are reviled and abhorred

Of course, it just might be the source of the rift
Is the First Lady’s try at a whimsical gift
What better way is there to get back at Trump?
So what if some kid lit winds up in the dump,

Along with a poet enjoyed to the max
Whose rhyming will soon be expunged from the stacks
Replaced by some paranoid partisan chatter?
And what of the students? Since when do they matter?

A Challenge to Harvard’s Social Club Crackdown

Harvard’s new policy on social clubs, penalizing student members of single-sex clubs, has run into faculty opposition. Under the policy, students in the class of 2021 and beyond cannot simultaneously be a member of a single-sex final club or Greek organization and hold club leadership positions or athletic team captaincies, or be recommended for Rhodes Scholarships or certain postgraduate fellowships. The statement and motion below by Harry R. Lewis, former Dean of Harvard College and an opponent of the new policy, was delivered October 3 at a meeting of the Faculty of Arts and Sciences. The motion will be put to a vote on November 7.  –Editor

I move: Harvard College shall not discipline, penalize, or otherwise sanction students for joining, or affiliating with, any lawful organization, political party, or social, political, or other affinity group.

This is a simple motion. It says Harvard College can’t punish students for joining a club. It does NOT say that students who belong to clubs can’t be punished for bad things they do. It does NOT take away any tool that has been used in the past to discipline students for their behavior. It would, however, block several social club policies that have been proposed over the past year and a half.

I cannot find a single case prior to May 2016 when Harvard said it would punish a student for joining any organization — a club or anything else. To the contrary, when Harvard barred ROTC from campus, we explicitly rejected the idea of punishing ROTC students for joining a discriminatory organization. And in the 1950s, when Senator McCarthy called on Harvard to fire Wendell Furry of the Physics Department for being a member of the Communist Party, President Pusey refused to do so, on principle, in spite of enormous political pressure and his own anti-Communist sentiments. Harvard today holds the moral high ground. We would give it up if we were to adopt any policy that would punish students for joining a club.

Some who are concerned about my motion have asked me, “but what if a student joins X”—and then names some particularly odious national organization. Well, we have survived a long time without any rules against joining hated organizations. This is not the time to institute such a rule in order to crush some off-campus sorority.

Students should not give up their rights to assemble peaceably off campus when they enroll here any more than they give up their rights to read, write, and say what they wish. Indeed, by becoming students, they do not give up their rights to have private lives. All these freedoms are fundamental to our educational mission.

I beg you; this is not a trivial matter. Students engaged in unlawful or violent behavior should pay the price for what they do. But nobody should be punished just for joining a club. Not us, and not our students. Thank you.

Students Push Georgetown Toward Ideological Diversity

The editorial board of the Georgetown student paper is pushing the university to adopt ideological diversity by acquiring a few conservative teachers. In September, the board of The Hoya ran this statement in their September editorial:

“One of the hallmarks of higher education is the opportunity to understand and grapple with a wide range of ideas. Yet, Georgetown falls short on its commitment to this ideological diversity in the makeup of its instructional corps. The university must work to remedy its lack of politically conservative professors by considering a diversity of viewpoints when hiring instructors, from assistant professors to those with tenure, and by ensuring that no bias exists against conservative educators in the hiring process.”

The editorial referred to a March 2016 op-ed in The Wall St. Journal by John Hasnas — a professor at the McDonough School of Business at the Georgetown University Law Center. It said faculty search committees were never instructed to increase political or ideological diversity but were in fact often told the opposite. Hasnas described episodes in which a job description was altered to mitigate the number of conservative applicants and candidates were removed from consideration due to their affiliations with libertarian or conservative institutions.

The Student editorial said, “A robust exchange of ideas requires students and faculty to have the greatest possible variety of backgrounds, to expose ourselves to myriad viewpoints. Only by having our views challenged can we refine our own stances, learn how best to justify our arguments and hone our critical thinking abilities.”

Stanford’s Many Dubious Sexual Assault Claims

While Yale is the only institution required by the Federal government to outline its campus sexual assault adjudications, (albeit in an increasingly limited way), a second university — Stanford — has now started to do so. As with Yale, these reports unintentionally reveal the moral panic over sexual assault on many of the nation’s leading campuses.

The current Stanford report appeared over the pen of Stanford University spokesperson Kathleen Sullivan. It contends that Stanford is an extremely dangerous campus (about at the level of danger as Yale)—with 30 rapes listed in the 2016-2017 academic year. For comparison’s sake, this means that the Stanford campus had more rapes in one academic year as did the city of Palo Alto in the last four years combined. Stanford isn’t an island: if these figures were anywhere near accurate, it would mean the Stanford campus should be the Palo Alto Police Department’s number one priority.

Sullivan’s report later suggests, however, that passing outside of the campus walls might yield a different understanding of rape. Five of Stanford’s cases were reported to police. According to the report, “No charges and/or convictions resulted from those five investigations.” (The wording is odd here: did each of these cases not even rise to the level of probable cause necessary for prosecutors to bring a charge? Or did some yield not-guilty verdicts at trial? Sullivan doesn’t say.) Regardless, the zero-for-five ratio shows the difference between a campus system that too often presumes guilt and a criminal justice system that provides the defendant with protections of due process.

Beyond these five cases, fourteen others featured no adjudication at all. In ten cases, the accuser wouldn’t or couldn’t identify the alleged perpetrator; in four other cases, Stanford handled matters informally, at the request of the accuser. That is: in 14 of the 30 rape allegations, the sole issue was accommodations for the accuser, not adjudication.

That left 11 rape allegations that Stanford investigated. Six of these didn’t go to a hearing. Two or three of the accused students pled guilty (and were either expelled or received long suspensions). But at least a few of these allegations resulted in a formal decision not to charge, and other cases where the resolution suggested no admission of guilt (education or no-contact orders). Five cases, meanwhile, went to hearings; three yielded guilty findings, two not-guilty.

So, of the 30 rape allegations at Stanford in 2016-7, none of those reported to police yielded guilty findings, and only five or six guilty findings came in a university system that’s less unfair than it once was but still is no paragon of due process. Yet even though at least 80 percent of the rape allegations didn’t produce a guilty finding, not one of these 25 was listed at Stanford as an unfounded claim in its Clery Act report—a good reminder of the unwillingness of universities to make such a designation in the context of sexual assault, lest they generate protest from accusers’ rights groups or their faculty allies, such as Stanford Law Professor Michele Dauber. Even Harvard, whose adjudication process is so notoriously one-sided as to generate public dissent from more than two dozen Harvard Law professors, listed two unfounded claims in 2016-2017.

The Sullivan Report has another odd component: it appears to use “rape” and “sexual assault” interchangeably, despite the differences between the two types of offenses. Sullivan offers no explanation for this decision.

Another report, from Stanford Provost Persis Drell, offers a little more insight into the situation at Stanford. Drell’s report covered allegations from March 2016 through May 2017, thus including four months of cases that Sullivan’s did not, and excluding around two months of cases (June 2017 and some portion of May 2017) that made Sullivan’s report.

Drell portrayed conditions even more apocalyptically than had Sullivan: “In any given room of women,” said she, “80 percent to 90 percent of us have either personally experienced sexual violence or have witnessed its devastating effects first hand on a very close friend or family member.”

Yet Drell’s statistics painted a quite different story. Of the eight Title IX tribunals that met during the 15 months covered in her report, four yielded not-guilty findings (three unanimously, one by a 2-1 vote). And of the four guilty findings, none yielded expulsions—suggesting that the offense was somewhere short of forcible rape. In addition to the four not-guilty findings, seven more allegations never even went to a hearing, presumably due to insufficient evidence, after an investigation by the Stanford Title IX office.

There were fourteen additional allegations. (At least six, and perhaps all fourteen, of these allegations also appeared in the Sullivan Report.) In three of these cases, the accused student clearly pled guilty. But the other eleven cases were resolved with “no-contact directives and other remedies”—outcomes, in short, that carried no implication of guilt.

This data suggests not an epidemic but instead, a campus environment in which students (perhaps understandably, responding to a radicalized campus culture) bring allegations that are so dubious even Stanford’s procedures can’t justify a guilty finding.

These figures, it’s worth noting, coincided with Stanford’s decision to create a slightly fairer system—to define rape as California does in its criminal code, to allow guilty findings only by a 3-0 hearing vote, and to give accused students some trained (legal) assistance. These changes altered the ostentatiously unfair system created by Dauber, which existed from 2010 through 2015. Based on the material from Drell’s report, one can only imagine how many wrongful guilty findings occurred under the Dauber system.

The Drell Report challenged prevailing accusers’ rights narratives in two other ways. First, it found no over-representation of either athletes or fraternity members among accused students. (Athletes, in fact, were underrepresented.) And 75 percent of cases involved alcohol or drug use by one or both parties, suggesting that attention to these matters could help reduce campus crime.

As with the Spangler Reports at Yale, material from the Drell and Sullivan reports suggests that Betsy DeVos is on the right track in her efforts to move beyond the use of Title IX tribunals as de facto kangaroo courts.

Editor’s Note: The first paragraph was revised for clarity on October 13, 2017. 

The Rising Danger of Left-Right Tribalism

Ignore the unfortunate headline (“America Wasn’t Built for Humans”). This is a   brilliant essay by Andrew Sullivan from the September 19 issue of New York Magazine, sure to irritate both the right and left, on the dangerous tribalism Americans have fallen into.

An excerpt:

Not all resistance to mass immigration or multiculturalism is mere racism or bigotry; and not every complaint about racism and sexism is baseless. Many older white Americans are not so much full of hate as full of fear. Equally, many minorities and women face genuine blocks to their advancement because of subtle and unsubtle bias, and it is not mere victim-mongering. We also don’t have to deny African-American agency in order to account for the historic patterns of injustice that still haunt an entire community. We need to recall that most immigrants are simply seeking a better life, but also that a country that cannot control its borders is not a country at all. We’re rightly concerned that religious faith can easily lead to intolerance, but we needn’t conclude that having faith is a pathology. We need not renounce our cosmopolitanism to reengage and respect those in rural America, and we don’t have to abandon our patriotism to see that the urban mix is also integral to what it means to be an American today. The actual solutions to our problems are to be found in the current no-man’s-land that lies between the two tribes. Reentering it with empiricism and moderation to find different compromises for different issues is the only way out of our increasingly dangerous impasse.

DeVos’ New Focus on Rights of the Accused

In her speech last week on how colleges handle accusations of sexual assault., Education Secretary Betsy DeVos promised to “end the era of rule by letter” begun by the Obama administration. The reference was to the “Dear Colleague” letter sent to colleges and universities by the Education Department’s Office for Civil Rights on April 4, 2011, offering “guidance” but in effect mandating new procedures notably harsher toward the accused. Hundreds of schools were placed under federal investigation for failing to treat allegations of sexual assault more vigorously. Schools responded quickly—building a campus “court system” that venerated victims, villainized the accused, and sometimes disallowed evidence pointing to the innocence of the accused.

The deck was quickly stacked against the civil rights of the accused by discouraging cross-examination of witnesses, and in many cases, refusing legal representation for the accused. A lower standard of evidence was created to determine guilt as nearly all campuses quickly adopted the “preponderance of evidence” basis for guilt rather than the “clear and convincing” standard they used in the past.

While a handful of Republican female lawmakers like Senator Kelly Ayotte has promoted harsher penalties for campus sexual assault, there is a dramatic difference between the ways in which the Republican Party platform differs from the Democratic Party platform.  The Republican platform clearly supports due process for all those involved by stating that “Whenever reported, it must be promptly investigated by civil authorities and prosecuted in a courtroom, not a faculty lounge.

Questions of guilt or innocence must be decided by a judge and jury, with guilt determined beyond a reasonable doubt.”  In contrast, the Democratic Party platform demands “comprehensive support for survivors and sexual violence prevention programs in colleges and in high schools. And although they promise a “fair process for on-campus disciplinary proceedings,” they want to keep the proceedings “victim-centered” in what for most of the accused is a hostile environment on campus.

Demanding that colleges and universities comply, the OCR threatened the withdrawal of federal funds from schools that failed to set up an elaborate—and costly—Title IX bureaucracy on each campus—replete with full-time Title IX coordinators. A recent Atlantic article by Emily Yoffe pointed out that Harvard now has 55 Title IX coordinators, and Wellesley College has a full-time Title IX coordinator to oversee sex discrimination on its all-female campus. According to The New York Times, the OCR currently has 496 open sexual assault cases, and the average length of a case is 703 days. The longest pending higher education cases against the University of Massachusetts-Amherst and Arizona State University have been open for more than five years.

The Foundation for Individual Rights in Education (FIRE) recently issued a “Spotlight on Due Process 2017,” a rating of the top 53 universities in the country based on 10 fundamental elements of due process. The report describes the findings as “dire.” Nearly three-quarters (74%) of America’s top 53 universities do not even guarantee students that they will be presumed innocent until proven guilty. Fewer than half of the schools (47%) require that the fact-finders – the institution’s version of judge and or jury—be impartial. Forty-five of the 53 universities studied received a D or F rating from FIRE for at least one disciplinary policy, meaning that they fully provided more than 4 of the 10 elements of a fair procedure that FIRE rated. Seventy-nine percent of the 53 rated universities received a D or F for protecting the due process rights of students accused of sexual misconduct.

Some of the most prestigious Catholic colleges in the country received the lowest ratings for providing due process rights to individuals accused of sexual misconduct. For example, Boston College received one of the lowest ratings of the 53 schools—an F-rating—for failing to provide a clearly stated presumption of innocence, adequate written notice of allegations, adequate time to prepare for the disciplinary process including notice of the hearing date, and a prohibition on conflicts of interest that could compromise the integrity of the process. The University of Notre Dame received a D rating. Neither Notre Dame nor Boston College provides the accused with the right to counsel. But, both schools fared better than Washington University in St. Louis which received a zero—the lowest score of all 53 schools rated – providing none of the procedural safeguards.   Of the 53, none received an A grade. Two institutions (Cornell and UC Berkeley) received a B for their policies to protect students, and an additional six received at least a C rating.

Senator Kamala Harris is correct when she states that Title IX protections are a civil rights issue. But, she fails to understand that the civil rights of an entire class of individuals have been ignored. Worse, there is an emerging concern that race may appear to play an important role in the denial of due process. A 2015 article by Harvard Law School Professor Jeannie Suk Gerson, published in The New Yorker, found that “in general,” the administrators and faculty members she has spoken with who work on sexual misconduct cases indicate that “most of the complaints they see are against minorities.”

Earlier this month, Emily Yoffe’s essay, “The Questions of Race in Campus Sexual Assault Cases,” was published in The Atlantic. She asks, “Is the system biased against men of color?” And although the data to answer this question with certainty is not available, Yoffe provides preliminary data that are certainly suggestive—and she provides a clear direction for further research. For example, Colgate was recently investigated by OCR for potential race discrimination in its sexual assault adjudication process. Although the university was cleared, there are significant disparities in the numbers. In the 2013-14 academic year, 4.2 percent of Colgate’s students were black, but in that year black male students were accused of 50% of the sexual assault violations reported, and they made up 40% of the students formally adjudicated.

From 2012-2015, black students were accused of 25% of the sexual misconduct reported to the university and comprised 21% of the students referred for formal hearings. Yoffe lists several other schools involved in civil lawsuits filed by accused male students with what she calls “racial aspects” including Amherst, Butler University, Drexel, Indiana University of Pennsylvania, Swarthmore, the University of Findlay in Ohio, University of Pennsylvania, and William Paterson University in New Jersey. Yoffe points out that “Each lawsuit states that the student or students were subject to specious charges and in some cases abrupt expulsions because they were minorities.”

The denial of due process protections to the accused—whatever their race—is certainly a civil rights issue and demands systematic data collection and public scrutiny. Secretary DeVos knows it is time to end the real violations of the civil rights that have been occurring in campus kangaroo courts. We should all be grateful to her for having the courage to do just that.

Double Jeopardy for the Accused at Duke

Some colleges seem so eager to find males culpable of sexual offenses that they insert a provision in campus student-discipline rules allowing a form of double jeopardy. Ron Gronberg reported yesterday in the Durham Herald-Sun that Duke University changed the  wording in the Duke Community Standard in Practice (P.47).  Gone is the right of the  appeals panel to throw out a case against the accused on appeal. Now such a case will revert to the Office of Student Conduct, which can opt to continue the case, despite the finding in favor of the accused.

Gronberg reports: “On its face, the wording sets up the theoretical possibility a student could be accused of misconduct, be found responsible, appeal, win on appeal and then face a never-ending string of new hearings, new findings, and new appeals.”

More on Title IX Corruption at Yale

In a 2012 resolution agreement with the Office for Civil Rights, Yale became the nation’s only university required to document all sexual assault allegations on campus. The reports, prepared by Yale Deputy Provost Stephanie Spangler, are generally bare-bones (and became even more so last year, after Spangler announced she’d decided to supply less information about some unresolved complaints), but nonetheless provide a peek into the deeply unhealthy atmosphere—at least at elite campuses—regarding the investigation and adjudication of sexual assault complaints. The most recent of the Spangler Reports, which covers events in the first six months of 2017, has now appeared.

Minding the Campus has covered each of the previous Spangler reports, which have included such items as:

As always, Spangler notes that the university “uses a more expansive definition of sexual assault” than does either Connecticut state law or the federal government (through Clery Act requirements). The university has never offered an explanation as to why it does so. As she did for the first time in her early 2017 report, Spangler has added adds a vague assertion that it “assigns complaints to general categories such as ‘sexual assault’ . . . that encompass broad ranges of behavior”—but, again, why sexual assault should “encompass broad ranges of behavior” beyond the common legal or cultural understanding of the term remains a mystery.

Channeling Crime Victims Away from Law Enforcement

Defenders of the Obama-era Title IX guidelines generally deny that the guidelines undermine society’s goal of punishing criminals through the judicial system. Rather, they suggest, filing a Title IX complaint doesn’t preclude an accuser from also going to the police.

The Spangler Reports show the shortcomings of this argument: for the vast majority of accusers, the choice between Title IX and law enforcement is an either-or selection. (This should come as little surprise, given the anti-judicial system rhetoric of much of the accusers’ rights movement.) The most recent Spangler document indicates that only 3.7 percent (1 of 27) of Yale accusers who say they were sexually assaulted reported that offense to the police. All others went to the Title IX office. This figure is typical: for the July-December 2016 period, 4.3 percent (1 of 23) of accusers went to the police.

Through procedures ordered by the federal government, Title IX tribunals function as de facto substitutes for law enforcement and only heighten the importance of their failure to provide fair procedures. Indeed, this kind of system provides support for Jed Rubenfeld’s argument that the Due Process Clause should apply to campus Title IX adjudications.

Danger

As described by Spangler, the Yale University campus is one of the most dangerous neighborhoods in the entire country. The report indicates that 0.8 percent of female undergraduates considered themselves a victim of violent crime (either sexual assault or intimate partner violence) in the first six months of 2017 alone. Such an annual rate has a typical Yale female undergraduate as at nearly as much risk as a resident of Detroit (the nation’s most dangerous city) of being a victim of all forms of violent crime.

And, Spangler assures her readers, Yale’s campus is even more dangerous than these figures suggest. “We know,” Spangler writes, that a “significant number of individuals who have experienced sexual misconduct do not report their experiences to University officials or seek support from University resources.” So, for a typical female undergraduate, Yale might actually be more dangerous than Detroit. Yet parents are still eager to spend upwards of $250,000 to send their daughters into this den of violent crime.

Yale’s disciplinary sentences, however, seem to be at odds with Spangler’s picture of a campus beset by an epidemic of violent crime. All three undergraduates who appeared before the UWC (Yale’s Title IX disciplinary tribunal) unsurprisingly were found guilty, though one was cleared of the most serious charges. The sentences? A reprimand, a three-term suspension, and a two-term suspension. The latter two punishments came for students found guilty of “sexual penetration without consent.”

There are two ways of interpreting this data. First, Yale believes that rapists—an offense that describes “sexual penetration without consent”—should not be expelled. Second, amidst a moral panic, Yale has so redefined what constitutes “sexual penetration without consent” as to trivialize the offense.

The Title IX Coordinator

Continuing a pattern evident in the last couple of Spangler Reports, the vast majority of cases were clustered in the Title IX coordinator—23 of 27 reports of sexual assault went not to police or even to a hearing, but instead just to the coordinator. In one respect, this is a good thing: an accuser can receive accommodations (including academic accommodations) without activating the kangaroo court. (Some of these allegations come across as almost blatant attempts to obtain accommodations, as in the Yale undergraduate who “reported that an individual whom the complainant did not identify sexually assaulted the complainant.”) In most of these cases, the accused student received counseling and a no-contact order (the allegation always appears to have been presumed true), but no additional punishment.

There are, however, two interesting items from the coordinator cluster. First, for the second consecutive reporting period, the Title IX office itself filed no sexual assault complaints against Yale students. This change reverses the previous practice of the office, rather than the accuser, filing complaints. It’s doubtless a coincidence that this shift came just after a lawsuit filed by Jack Montague, who was found guilty after the office, rather than his accuser, filed the Title IX charges against him. Ironically, this sudden disinclination of the Title IX office comes after the Spangler Report eliminated restrictions on the kind of complaints the office was supposed to file. The office’s disregard of those restrictions is at the heart of the Montague lawsuit.

Second, one way to see the Spangler Report is as a document designed to appease (or fuel) a campus accusers’ rights movement. The report provides no information about nearly three-fifths (16 of 27) of the sexual assault complaints filed by undergraduates. These were cases in which the accuser expressly asked the Title IX office to do nothing in cases that came to the attention of the Title IX office “from a third party, such as an administrator, a friend of those involved, or a witness.” Yet for the purpose of the report, each of these allegations is treated as a legitimate claim. When Spangler provided information about these sorts of cases, the summary often read something like a Yale student reported that an unknown student was sexually assaulted by another unknown student. A system that treats such reports seriously is hard to take seriously.

Updates

The previous Spangler Report promised that the university was “working to shed more light on Yale’s procedures through the creation of additional ‘hypothetical case scenarios’ that address a broad range of behaviors and are tailored to local campus communities.” No new scenarios appeared—the current report, instead, linked to the existing version of the scenarios, which Yale had appeared to ignore in the Montague case. It’s hard to escape the conclusion that the lawsuit explains the sudden non-availability of new scenarios.

The previous report also implied that the Title IX office would be working to address unspecified “patterns of academic” life through a program that “has been offered in numerous departments” Such a plan seemed to violate academic freedom, by giving staff the power to dictate content. It’s unclear from the current report whether Spangler moved ahead with her effort.

A Version of Antifa on Campus

Bad news from the Chronicle of Higher Education: the anti-fascist movement, still very small, is organizing on campus, recruiting faculty, students and administrators, and making an improbable bid for respectability. Under the mild headline, “Faculty Members Organize to fight ‘Fascist’ Interlopers on Campus,” reporter Nell Gluckman says the recruiters are not explicitly aligned with the violent thugs of “Antifa,” but decline to oppose or condemn them and share the same attitude toward violence (very useful).

Mark Bray, a Dartmouth lecturer and a member of the campus movement, has defended Antifa’s violent tactics, recently explained in The Washington Post, “Its adherents are predominantly communists, socialists and anarchists” who believe that physical violence “is both ethically justifiable and strategically effective.” Mark Thiessen of The Post comments: “In other words, they are no different from neo-Nazis.”

Last weekend in Berkeley, Antifa thugs attacked peaceful protesters at a “No to Marxism in America” rally, wielding sticks and pepper spray, and beating people with homemade shields. Mark Thiessen reported that one peaceful protester “was attacked by five black-clad Antifa members, each windmilling kicks and punches into a man desperately trying to protect himself.” Members of the Berkeley College Republicans were then stalked by Antifa goons who followed them to a gas station and demanded they “get the [expletive] out” of their car, warning, “We are real hungry for supremacists and there is more of us.”

Violence, Bray insists, is not the preferred method for past or present Antifa—but it is definitely on the table. He quotes a Baltimore-based activist who goes by the name Murray to explain the movement’s outlook:

You fight them by writing letters and making phone calls, so you don’t have to fight them with fists. You fight them with fists, so you don’t have to fight them with knives. You fight them with knives, so you don’t have to fight them with guns. You fight them with guns, so you don’t have to fight

Bill Mullen, an English professor at Purdue University and David Palumbo-Liu, a comparative-literature professor at Stanford University, formed the group last spring.

“We will defend the targets and victims of fascism, defend Muslims, immigrants, Jews, and LGBTQ people who typically come under attack from these forces,” Mullen said. The 400 members receive regular communications from the network and are encouraged to share information about what’s happening on their campuses. There is a vetting process to join; Mr. Mullen said the group wants participants who are connected to a college and committed to countering fascism.

Comments about Antifa made by Mark Bray appeared in a Campus Reform article along with a statement by Philip J. Hanlon, the Dartmouth president, who said that the college does not support violent protest. On Wednesday the Campus Anti-Fascist Network released a statement asking Mr. Hanlon to withdraw his statement and throw the institution’s support behind the lecturer’s work. So now the colleges and universities, slow to acknowledge an obvious right such as free speech, are now forced to address the problem of a pro-violent network trying to take root on campus.
Photo of Antifa at Berkeley: Basednormie

When Reasonable Objections to Diversity Are Viewed as Bias

A movement to crush dissent is under way and a good deal of it involves discussion and objections to diversity being declared illegitimate. Political and economic leaders and organizations speak about offense and intolerance taking place inside and outside their walls, but when we hear the actual content of those crimes, they appear far less than advertised. The cases above involved a Wall Street Journal story on “opposition” to diversity in Silicon Valley. It followed the Google memo affair and bore dismaying the headline “Diversity Is a Tough Sell in Silicon Valley.”

It seems that a bunch of white and Asian males at Google don’t want to hire any more women and non-Asian minorities. But when we get to the actual resistance taking place there, things go soft. The main event concerns a diversity initiative led by Danielle Brown, Google’s new diversity chief, and Intel’s former chief. She recounts her experience at Intel when she pushed diversity there and received abundant negative feedback. A sample:

Some of the comments questioned why Intel was devoting $300 million over a number of years to improve diversity or suggested managers would be forced to hire unqualified workers to satisfy goals, according to the former employee. Other comments said the initiative was just for good public relations.

Yes, that’s it. What strikes ordinary people as ordinary business questions rise to the status of opposition in the new diversity dispensation.

Here’s another example. A few days ago, the Wall Street Journal reported that Facebook had closed down an anonymous online discussion group for employees. The paper version bore the headline “Facebook Closed Offensive Forum,” and the online version read “Facebook Shut Down Employee Chat Room Over Harassing Messages.” The action took place last December.

CNET picked up the story and stated that “people were using the message board to “post racist and sexist messages.” When you read those summaries, though, you expect some nasty stuff to follow. But once again, we got one example of the putative harassment, and it’s laughable.

But FB Anon also attracted comments that many employees found offensive, people said. For example, some posts last year said Facebook lowered the bar to attract female engineers to boost its diversity numbers, one person said, provoking angry responses from others in the chat room.

Yup, that’s it. The Journal story gives us nothing more, and neither does CNET. Facebook’s “head of people” attributed the closure not to harassment, but because many of the users on the platform did not “use an authentic identity.”

What we have here, then, is lots of sensitivity and little bad behavior. Objections to diversity efforts on solid grounds of workplace standards get turned into a form of verbal assault. It’s melodrama, not fact. The old criterion of “reasonableness” when it comes to allegations of offensive behavior has given way to sore feelings.

This is a game diversity skeptics can’t win by argument. Sensitivity of this kind is irrational, and it won’t be won by rational argument and cold evidence. People are upset, and they won’t listen to the mild rejoinder, “Don’t you think you’re exaggerating a bit?” The condition of “I’m offended” carries too much power for them to give it up.

But until conservatives, libertarians, and classical liberals develop a response to this fraudulent set-up, it will continue to be used as a club to bring dissidents in line or oust them entirely.

Trying for Fairer Treatment of Accused Students in Georgia

While Education Secretary Betsy DeVos considers reforming the Title IX policies she inherited from her predecessor, states have acted on their own. On the one side, some blue states moved beyond Obama’s guilt-presuming approach. Four states (California, New York, Illinois, and Connecticut) have adopted “affirmative consent” laws that define sexual assault differently for college students than in the state’s own criminal law. A fifth state, Minnesota, has enacted a law requiring training that seems designed to tilt disciplinary panels to return guilty findings.

On the other side, a handful of red states have tried, despite federal pressure, to create a fairer system. North Carolina and North Dakota enacted laws requiring schools to allow accused students to have lawyers. (UNC then moved to weaken the provision by changing its policies to limit lawyers’ roles.) And now Georgia’s Board of Regents has made a move.

Inside Higher Ed reports that Georgia has adopted a new statewide (for public institutions) sexual assault policy, in which investigations will be more centralized. According to talking points that Inside Higher Ed obtained, the new policy “establishes increased oversight of investigations by the system office and provides a consistent approach for handling all conduct and sexual-misconduct matters through the same procedures. Campus officials will steer away from any semblance of a criminal proceeding.”

Paraphrasing sentiments from various accusers’ rights activists, the article, by Jeremy Bauer-Wolf, summarizes their belief that the new policy “would make it more difficult for survivors to get justice on their own campuses.” (How this would be, remains unclear.) And the Inside Higher Ed sub-headline noted concerns with accusers’ rights groups about how the new policy contradicted federal law. (How, again, is unclear, since Obama-era “guidance” isn’t law, and the only issue with this guidance that Bauer-Wolf mentions is the new policy’s not including a promise to complete all adjudications within 60 days—which is a suggestion, not a demand, from the 2011 and 2014 guidance.) The opening of the piece, moreover, now includes a major factual correction.

More interesting, however, is the framing of the article. Bauer-Wolf’s piece leaves the strong impression that the new policy resulted from the Board’s desire to appease Georgia State Representative Earl Ehrhart. Earhart has been one of the few politicians to publicly criticize how the Obama-era Office for Civil Rights handled sexual assault matters, and introduced a bill this year designed to require school employees, when they received word of a student who claimed to have been the victim of a felony offense, to report the issue to the police.

It’s certainly plausible that the Regents acted to stay on the good side of a powerful legislator—though it appears as if most of Bauer-Wolf’s sources making this claim are accusers’ rights activists, and it’s not clear why the accusers’ rights movement would have particular insight into the inner workings of the Georgia Regents.

Unmentioned, moreover, by Bauer-Wolf is another obvious possible motive for the Regents’ action: due process lawsuits. Georgia Tech faced—and settled—two such lawsuits last year. One settlement occurred on the eve of the court hearing; the other came after the university had prevailed in a TRO hearing, albeit with some strong words against Georgia Tech policy from the judge. Ashe Schow outlined the troubling facts from one of the cases. The second case, if anything, raises even more concerns: despite a reported six-figure payout by the state, 35 of the filings in the case are sealed (after a motion from the accuser) with no certainty on when (or even if) the material that prompted the university to spend taxpayers’ dollars on a settlement will see the light of day.

Nor, it seems, were these two cases non-representative. An investigation by the Atlanta Journal-Constitution found that at Georgia Tech, accused students “were almost always found responsible.” Looking at state universities’ overall system, the former DeKalb (Atlanta) County District Attorney observed, “It’s a sham. These young men are being denied very basic protections so that the schools can score political points.” On the taxpayers’ dime, one of the state’s two leading public universities had established what bordered on a rigged system.

How could the Regents, under those circumstances, not have acted?

Are Conservative Fears of Campus Indoctrination Overblown?

Maranto and Woessner reply to Peter Wood’s excellent critique:

Our recent Chronicle of Higher Education essay makes the case that while conservatives and libertarians are dramatically outnumbered among higher education faculty by those on the left, fears that college students suffer ideological indoctrination are overblown. In his sensible, nuanced reply, our friend Peter Wood suggests we understate the dangers. Peter’s collegial response is a model of what academic discourse should be, and too often is not.

We agree with Peter that academia’s monoculture, particularly the absence of social conservative faculty, is a real problem, which to some degree reflects discrimination in academic job markets. Hiring discrimination does not make university faculty bad people; it just makes them people. As Louis Menand points out in The Marketplace of Ideas, many academic job postings see hundreds of applicants so naturally, facing large numbers of highly qualified candidates, faculty committees tend to hire people much like themselves.

 A Monoculture in Certain Fields

The problem in academia is that the relative political monoculture in certain fields and in particular at elite universities, which have the most impact on the national conversation, limits the research questions professors can ask without informal and sometimes even formal sanctions. One wonders, for example, given the discussions about rising income inequality, why professors have largely ignored the greatest statistical correlate of increased inequality, the rising numbers of single parent families.

Yet we disagree with Peter about widespread indoctrination of undergraduate students, and here our disagreements reflect fairly technical issues. First, while it is true that we cite The Still Divided Academy, a 2011 book using data from the 1999 North American Academic Study Survey (NAASS), the same findings obtain using other data, including the recent Higher Education Research Institute (HERI) data that we’re currently working on. Using unique data, one of us (Woessner) with April Kelly-Woessner, tracks individual students over time finding little ideological change and discovering that students can usually identify the political party of a faculty member, which may lead them to discount efforts at professorial persuasion. (See “I Think My Professor is a Democrat: Considering Whether Students Recognize and React to Faculty Politics” in PS: Political Science and Politics Vol. 42, No. 2 (April 2009), pp. 343-352).

Overall Impacts Are Subtle

Other studies, based on recent data, also fail to find strong evidence of indoctrination, suggesting that overall impacts are subtle. Relatedly, while it is true that students have grown far more supportive of homosexuality since the 1990s and more apt to agree that “helping others in difficulty” is very important, these seem to reflect broader social trends affecting young people and to some extent their elders both inside and outside of the academy. (The latter may reflect the Great Recession.) Interestingly, we could not find much evidence of more than modest shifts in these views between the freshman and senior years of college.

We agree with Peter that more than a few leftist professors attempt to indoctrinate students, particularly professors from what Michael Munger calls “departments of indignation studies” focused on ethnic or gender oppression. The extant data, however, does not suggest they enjoy much success at doing so.

To be clear, as we said in The Chronicle, this does not mean all is well in academe. As Peter perceptively points out, not all things that matter are measured. To engage in a thought experiment, suppose elite universities like Columbia and Harvard, where a young Barack Obama studied, had roughly equal numbers of liberal and conservative faculty. The young Obama, a rising star anxious to please grownup authority figures, would have had exposure to conservative and even neoconservative foreign policy.

Years later, this might have made President Obama less apt to accept outlandish Russian demands in Syria, the Ukraine, and elsewhere, for fear of being labelled a Cold Warrior. (One Washington joke proffered that incoming President Trump planned to outsource foreign policy to Russia—and thus would retain Obama’s Secretary of State John Kerry.)

Along the same lines, in a range of problems and policies from the decline of traditional marriage to health care reform (and reform of that reform), there is no doubt that media coverage and ultimately the policies made would look and feel different if elite universities which set the rules of respectable discourse had adequate stores of conservative thinkers. That sort of representation would also make Republicans less likely to quickly and sometimes properly discount academic expertise.

We end with a plea for civil, and to the degree possible, empirical debate on the causes and consequences of higher education’s ideological homogeneity. This exchange with Peter is a nice start, but the next stop needs to be in the center of universities. Regarding debates of any kind, fields like Sociology are both beyond the pale, and increasingly marginal to the academic enterprise. (Save at hapless Evergreen State, can anyone think of a sociologist who leads an institution of higher learning?)

In contrast, our own academic association, the American Political Science Association, might well be game to host a debate. Or it might be a suitable topic for debate at future gatherings of the National Association of Scholars (NAS) or the American Council of Trustees and Alumni (ACTA).

Let’s make that happen.

Colleges Are Drawing the Contempt They So Richly Deserve

I am heartened by the news (from Pew that 58% of GOP voters disrespect our colleges). It has taken a lot to break through the complacency of these voters. Of course, the real credit for this turnaround goes to those students at Middlebury and their counterparts at dozens of other colleges and universities.

It goes to Melissa Click, the professor who was caught on video saying, “I need some muscle over here!” to expel a student reporter from a protest at the University of Missouri in November 2015. And it goes to college presidents such as Hiram Chodosh, at Claremont McKenna; Peter Salovey, at Yale; and Laurie Patton, at Middlebury whose fecklessness in the face of students’ outrageous violations of the norms of the academic community has shaken public confidence in higher education’s basic ability to provide an environment where ideas can be freely debated.

The Pew question demands a gestalt answer, and the gestalt answer for me is that American higher education, taken all in all, has put itself in opposition to America’s best principles, its most admirable aspirations, its open-mindedness, and its capacity to create a generation of worthy civic and political leaders. That opposition has public consequences, the most important of which is the malformation of students who mistake their anger for clear thinking and who have developed contempt for their country and their countrymen.

Anger and contempt will, of course, be met with anger and contempt, and what colleges and universities have provided is a radical intensification of our partisan divide.

All of this could and should be said without references to the 2016 election. But when higher education moved decisively to support Bernie Sanders and later made itself central to the anti-Trump “Resistance,” its abandonment of impartiality became patent. The real question is, why do only 58 percent of Republican voters believe higher education negatively affects the country? I know the answer: The other 42 percent are not yet paying attention.”

The parallel question about Democrats matters at least as much. Why are only 28 percent of Democrats in the Pew poll worried about higher education’s effect on the future of the country? Shortsightedness. It might be energizing to believe that the university is wholly on your political side, but the danger of raising a generation steeped in the politics of resentment, power for its own sake, and loathing of intellectual disagreement ought to alarm liberals. This can come to no good end.

Excerpted with permission from The National Association of Scholars

Liberal Talking Heads Turn Against the West

The liberal reaction to Donald Trump’s speech on Western civilization goes to show how much liberals played the fool way back in the 1980s. That’s when the debate over Western Civilization boiled over and traditionalists and multiculturalists vied for control of the humanities curriculum. Liberals didn’t fit easily in either camp. Most of them in the humanities taught a standard course in recognized figures, English from Beowulf to Joyce, art and architecture from the Acropolis to Pollock, U.S. history from the Pilgrims through the Sixties. But while their educational practices were conventional, they stood politically with the progressives and radicals. They had to come up with a compromise–and they did. Donald Trump’s speech proves beyond all doubt that, whether they realized it or not, it was a fake.

At that time, when William Bennett, Allan Bloom, E. D. Hirsch, and other advocates of traditional cultural literacy were filling the public sphere (though Hirsch was a firm political liberal), there were two versions of the “Eurocentrist” critique coming from the Left. First, hard identity politicians in humanities departments and “studies” programs cast Western civilization as a racist, sexist, imperialist enterprise. They retained the anti-Americanism of the anti-War movement of the previous decade and applied it to the college syllabus, treating a course packed with dead white male authors as just that: an ideological formation by race and sex. They didn’t see the legacy of Homer and Plato, Dante, and Shakespeare, Mozart and Manet as a positive lineage of genius. They only registered the exclusions: not enough women and persons of color.

But their presentation was so bitter and anti-intellectual that it didn’t impress many colleagues across the campus, not to mention observers in the public sphere. In fact, it alienated them. Harold Bloom termed these bilious progressives the School of Resentment, and in my view, the Nietzschean tag fit even though I hated Reagan and all the other Republicans as much as anybody. Liberals didn’t view the Western heritage that way, and it wasn’t how they talked about reform, either. The professors I had in the 1980s were solidly Democrat (that is, anti-Reagan) and fully in favor of affirmative action and abortion rights. They wanted to see Geraldine Ferraro Vice President and they acknowledged all the oppressions of the past, but they hadn’t learned to characterize their own teaching of Great Books as another one of them.

Yes, they agreed that Milton and Pope had their sexism and that pre-Civil Rights American writers didn’t recognize the equality of African Americans. But that didn’t make Western civilization something to withhold from historically-disadvantaged individuals. The liberal position was to allow everyone access to it, and that included appreciating the tools of justice that Western civilization provided such as natural and universal rights. If Western civilization bore elements of the bad -isms, the solution wasn’t to banish it or even to disparage it. We should revise it, instead, particularly where it had excluded other voices and other experiences.

And so, we got a positive version of reform, not “Hey hey, ho ho, Western civ has got to go!” but happy expressions of diversity, “opening up the canon,” “recovering lost voices,” preserving “herstory” as well as “history.” This was the liberal via media. It didn’t displace Western civilization — it enriched it. We didn’t need to denounce Jonathan Swift because of his misogyny. We could simply place contemporary women’s writings alongside his and produce a fuller, deeper, richer picture of the tradition.

That was the promise of liberalism in the humanities. When conservative critics would charge that Alice Walker is pushing Hemingway off the reading list, liberal professors quickly replied, “No, no, not at all. Hemingway is still there, but now we have broader representation of American literary history.” Who could argue with that?

Well, now we know. We believed that sober moderates would prevail over adversarial leftists, who would sputter out once the (in their eyes) repressive tolerance of liberalism would do its work. But it didn’t work out that way. The identity politicians suffered many public embarrassments because of their political correctness and speech codes and illiberal education and tenured radicalism, but that didn’t slow their advance one bit. On this issue of civilization, they have won off-campus liberals to their side. The enthusiastic or benign appreciation of Western civilization is now a sign of bad politics.

Peter Beinart handily explains what Western civilization now means: “In his speech in Poland on Thursday, Donald Trump referred 10 times to “the West” and five times to “our civilization.” His white nationalist supporters will understand exactly what he means.” Beinart regards “the West” as “a racial and religious term.” The Washington Post‘s Jonathan Capehart, too, linked it to white nationalism, especially Trump’s sentence, “We write symphonies.” In response, Capehart wrote, “In that one line, taken in context with everything else Trump said, what I heard was the loudest of dog whistles. A familiar boast that swells the chests of white nationalists everywhere.”

Commentaries on these remarks have been profuse, but I haven’t seen anyone bring up this 30-year-old background. To recall it is to prove a remarkable and sad transformation in the status of Western civilization. To speak proudly of its achievements, to hail its art and music, to acknowledge its origin in Jerusalem and Athens and Rome was in the past a partial interpretation of human history and culture. Now, it’s racist and imperialist.

All the old liberal talk about diversity and recognition and recognizing the “other” is gone. The fierce multiculturalists of the 1980s are now the mainstream liberal talking heads of the 2010s. It is anti-intellectual and historically-inaccurate, but among the left, it has a bienpensant moral force.  One expects this in academic humanities departments, and now we can find it in the pages of distinguished liberal periodicals, too.

Our Exquisitely Sensitive Academic Culture

Mind your Ps and Qs,” Wikipedia tells us, “is an English expression meaning ‘mind your manners,’ ‘mind your language,’ ‘be on your best behavior.’” Recent advice provided in the Chronicle of Higher Education suggests that academic conference goers also need to mind their PC.

The Chronicle’s July 7 “Daily Briefing” to subscribers links to two “Talkers” who draw, unintentionally I am sure, a chilling picture of how brittle and thin-skinned academic culture has become. In one, “April Hathcock, a librarian at New York University, writes about race fatigue after attending an academic conference,” and in the other “Lucy Allen, an English professor at the University of Cambridge, argues in her blog that you shouldn’t fall back on the common question ‘Where are you from, originally?’”

In “‘Otherness’ and Conference Advice,” Professor Allen rejects the advice given in another recent Chronicle piece, Robin Bernstein’s “How to Talk to Famous Professors.” One example Bernstein suggested was “the old standby: Where are you from originally?” I suspect that what Bernstein had in mind — certainly what she could have had in mind — was that a nervous junior convention goer could reasonably assume that famous Professor Whatshisname from the University of Virginia lives in Charlottesville, and thus asking, “Where are you from, originally?” is a perfectly natural, neutral, unloaded conversation silence filler.

Professor Allen, however, no doubt ever attuned to dog whistles, hears something sinister: “There are many ways,” she warns, “to put your foot in it at conferences. But I’m fairly sure that using a phrase that’s stereotypically associated with ingrained racism/xenophobia is one of the more easily avoided ones.”

Just as everything looks like a nail if all you have is a hammer, so, too, everything can look like a micro- or even a macro-aggression if much of your personal and professional life is spent inhaling a miasma of race, gender, and ethnicity. Thus, after spending five days at the American Library Association convention in Chicago, New York University librarian April Hathcock writes, “Race fatigue is a real physical, mental, and emotional condition that people of color experience after spending a considerable amount of time dealing with the micro- and macro-aggressions that inevitably occur when in the presence of white people. The more white people, the longer the time period, the more intense the race fatigue.”

Ms. Hathcock is tired “of being tone-policed and condescended to and ’splained to.” She’s tired “of listening to white men librarians complain about being a ‘minority’ in this 88% white profession – where they consistently hold higher positions with higher pay – because they don’t understand the basics of systemic oppression.”

They’re librarian, she adds disdainfully, “You’d think they’d know how to find and read a sociology reference, but whatever.” She’s tired, in short, of white people, even “well-meaning white people” who want to “‘hear more’ about the microaggressions you’ve suffered and witnessed, not because they want to check in on your fatigue, but because they take a weird pleasure in hearing the horror stories and feeling superior to their ‘less woke’ racial compatriots.”

But “Don’t get me wrong,” she concludes. It wasn’t all bad. “I caught up with friends and colleagues of color and met new ones. These moments kept me going. And I did have some moments of rest with a few absolutely invaluable and genuine white allies.” Who knows? Maybe even some of her best friends are white, though it sounds like whites are at best allies in “this racial battle called life.”

How sad … and depressing since her sentiments are no doubt not unique.

How Schools Create Social Justice Warriors

When people watch videos and TV footage of college students screaming at professors and blocking doors to lecture halls, they wonder where the rancor and intolerance come from. A story recently in The New York Times identifies one origin.

It’s called “Children’s Primers Court the Littlest Radicals,” and it covers a new trend in children’s books. Not volumes for 9- and 12-year-olds–we’re looking at 2-, 3-, and 4-year-old audiences.

The topics, plots, and characters in these books are all hardline leftist and heavy on identity politics. “Toddler-tomes,” the reporter calls them,  “are meant to resonate most ringingly with progressive millennials and their tiniest charges.” Some of the lessons in “A Is for Anarchist,” a popular alphabet book, exemplify the indoctrination.

‘F’ is for feminist, For fairness in our pay.

‘J’ is for Justice! Justicia for all.

L-G-B-T-Q! Love who [sic] you choose.

Don’t laugh. “A Is for Activist” has sold 125,000 print units since its release in 2013. And whenever a book takes off like that, it inspires dozens of imitations.

We have “My Night in the Planetarium,” which spends pages “speaking out against oppression.” And the self-explanatory “A Rule Is to Break: A Child’s Guide to Anarchy (Wee Rebels)”; “V Is for Vegan”; and “Emma and the While,” which emphasizes “empathy and wildlife preservation.”

The trend is long overdue, say people interviewed in the story. “For every book about social justice, I’d like to see 50 published,” says the head of We Need Diversity books. A blogger who writes about “political and child-rearing issues” praises books that “respect people with disabilities, people that don’t necessarily look like [her own kids], people of all gender identities.”

It all sounds warm and welcoming. Progressivism trades quite skillfully in dreamy positivity. but anyone who has ever had to debate or contend with a progressive knows that a dark side lies just beneath the inclusivity talk. This story displays it well.

It isn’t sufficient for the blogger to envision a wonderful world of diversity. She must preface her loving concerns with a livid premise:

When racist, misogynistic and hateful rhetoric has become mainstream, offering affirming and respectful messages to my children seems more urgent than ever.

“A Is for Activist,” too, denigrates anything outside its progressive vision. It characterizes people who oppose the development of alternative energy sources as this: “Silly Selfish Scoundrels Sucking on Dinosaur Sludge.” Heads of corporations are “Vultures.”

This is the flip side of progressive benignity. It demonizes the opposition. And when it reaches kids at the age of three, they accept it as real and true. Toddlers don’t have the mental equipment to place such characters and ideas into a dramatic context. They don’t have what is called aesthetic distance.

This isn’t reading. It’s catechism, indoctrination, proselytizing. We see here the beginnings of an intolerance that results in the Middlebury-Murray episode. The only thing more irritating than the books themselves is the solemn confidence of the advocates. They believe they are improving an unjust society. The implantation of progressive propaganda into little minds is a noble moral mission in their eyes. Children are like

The implantation of progressive propaganda into little minds is a noble moral mission in their eyes. Children are like clay and must be molded right. If progressives don’t do it, children will assimilate the values and biases of a racist, sexist, homophobic, nationalistic world. It is out of this early learning that the disputation, resentful, arrogant social justice warrior-undergraduate emerges.

At Yale, ’Politics Is Imposed on Everything We Read’

Because my English professors at Yale are largely liberal, the political message in my classes is always the same: Trump is a demagogue, American society is doomed, and English literature is our refuge. The liberal domination of the classroom is one problem, but even if the Academy reached political equilibrium, the imposition of politics into everything we read would still remain an issue. The real victim of Trump’s presidency may turn out to be a generation of adults whose liberal arts educations were hijacked by political debate.

Excerpted from Heterodox Academy by a center-left student who voted for Hillary and dislikes Trump.

Is “Gender Balance” the New Quota System?

The Chronicle of Higher Education fretted recently about the lack of “gender balance” among college presidents. Women have achieved “gender parity” in the Ivy League, but “the Ivy League, with its eight institutions, is an outlier. Overall in higher education, the share of women presidents has barely budged, remaining at about 25 percent over the past decade.”

Aside from the epistemological challenge of figuring out how to promote “gender balance” in an employment category that has only one employee (the college president), there are other difficult questions: whether “balance” requires “parity”; whether either is necessary for  fairness; and finally whether seeking “gender balance” is even legal. The Supreme Court has repeatedly asserted — by Justice O’Connor in Grutter, for example, citing earlier cases — that “outright racial balancing” is “patently unconstitutional.” If seeking a goal of “gender parity” is not outright balancing, what is?

If women are believed to be more uniquely different from men than blacks are from whites, I suppose it could be argued that “outright gender balancing” should be allowed even if racial balancing is not. Indeed, the Chronicle quotes Kevin Miller, a senior researcher at the American Association of University Women, coming close to laying the predicate for that argument.

Female presidents bring a different perspective to the job, raise different concerns, and ask different questions than their male counterparts, says Kevin Miller…. Those are useful traits in making decisions.

“At the highest levels, where people have decision-making powers, women still aren’t in the room,” he says. “The things that they would be focused on just aren’t being discussed because they’re not there.”

Really? If that is true, it should be easy for Mr. Miller or someone to provide a list of the different concerns raised, the different questions asked, the different things focused on and discussed at the four Ivies with female presidents that have been ignored at the four male-headed Ivies.

Can someone point me to such a list?

The Curious Provisions of the Rolling Stone Settlement

Rolling Stone magazine recently settled a defamation lawsuit over their falsely reported article about a gang rape at UVA’s Phi Kappa Psi fraternity. The $1.65 million settlement seems like a win/win for the two parties. It’s hardly surprising that Rolling Stone settled. If the magazine couldn’t prevail against Dean Nicole Eramo, it certainly faced a loss against the people Sabrina Rubin Erdely’s article falsely deemed monstrous rapists. For the fraternity, a settlement now allows the process to be brought to a close and avoids lengthy litigation.

There was, however, one striking aspect of the settlement. In a statement released to the Washington Post, Brian Ellis, a spokesperson for the fraternity, revealed that “the chapter looks forward to donating a significant portion of its settlement proceeds to organizations that provide sexual assault awareness education, prevention, training and victim counseling services on college campuses.”

This struck me as a very odd decision, given the specifics of this case (the students were wrongly accused, and these “organizations” joined the crusade against them). It would be as if, after the Duke lacrosse case, the wrongfully accused students would have ignored the Innocence Project (with which they have, in fact, been actively involved), and instead focused on raising funds for the North Carolina NAACP. That organization might well do good work—but its sole role in the lacrosse case was to harm the students.

Rolling Stone Rape Hoax
Rolling Stone Rape Hoax

So, I asked Ellis if the statement meant that the fraternity would not be donating to organizations that promoted campus due process (such as FIRE) or that advocated on behalf of the wrongfully accused (such as the Innocence Project)—issues that seemed more relevant given the experience of the fraternity members. His response: “They just reached a settlement, so the fraternity has not reached the stage of determining how it will allocate the funds. The statement is a demonstration of their commitment to helping to address the issue on the UVA campus.”

Of course, I hadn’t asked for the how the funds would be allocated; I only had wanted to know which type of groups would receive settlement funds. Given that Ellis was able to identify three types of groups to the Post—sexual assault awareness education, prevention training, and victim counseling services—it’s hard to interpret his statement as anything other than an admission that no settlement money will go to advocates of due process or the falsely accused.

Moreover, at least with regards to UVA, the primary “issue” associated with this case was how the UVA administration, much of its faculty, the leadership of its campus newspaper, and a variety of student groups (including the student government) rushed to judgment when facing heinous allegations against their students—and then, once the case collapsed, acted as if the allegations were true anyway.

Examples included a high-ranking figure at the campus newspaper chastising the national media for doing too much fact-checking and the student government (after the story had been discredited) urging that the state of Virginia learn from the case and change state law to make all rape trials secret. (Stuart and I cover these examples, and many others, in the final chapter of our book.)

Indeed, it seems likely that Rolling Stone would never have targeted Phi Kappa Psi but for the actions of a UVA employee, Emily Renda—someone hired, to borrow Ellis’ words, to address “sexual assault awareness education, prevention training, and victim counseling services on” UVA’s campus. It was Renda who first publicized Jackie’s tale (in testimony to Congress that does not appear to have been retracted), and who then passed on information about Jackie to Erdely.

So, in the end, the wrongfully accused fraternity members have promised to give a portion of their settlement money to the very type of organizations that produced the Renda hire. Quite remarkable.

The settlement money, of course, is Phi Kappa Psi’s; they can donate it to whatever groups they wish. But the fact that a group that was defamed as rapists would turn around and give money to the type of groups that amplified the defamation they experienced speaks volumes as to the frenzied atmosphere on campus today.

An imperfect Way to Fight Unfair Sexual Accusations

Too often on campus, the best chance for a wrongfully accused student to achieve justice involves a lawsuit after the campus tribunal has done its worst. A system that uses the lowest standard of proof, allows accusers to appeal not-guilty findings, lacks mechanisms for mandatory discovery of exculpatory evidence, denies meaningful (or any) representation by counsel, and prohibits direct cross-examination is almost, by definition, unjust.

As FIRE’s Samantha Harris has long observed, courts are an imperfect vehicle to protect campus due process as a whole; the nature of due process lawsuits makes it difficult for courts to do anything more than address the facts of a single case. (The Brandeis decision comes closest to a judicial declaration that a university’s sexual assault process violated the Constitution.) Moreover, a lawsuit can cost tens or even hundreds of thousands of dollars—well beyond the means of many middle-class or poor families.

It is, therefore, nothing short of preposterous to suggest that the myriad due process lawsuits illustrate the “powerful legal incentives” for colleges to handle sexual assault complaints “fairly.” Yet this was the claim of one prominent defender of the Obama administration’s efforts to weaken campus due process—my own institution’s president, Michelle Anderson. She added that “campuses are responding—as they must—when accused students prevail.” The extensively footnoted article contained no footnote for this assertion.

When Innocence Isn’t Enough

Anderson’s words would be cold comfort to accused students from Miami (Ohio), Case Western, or the University of California-San Diego. In the Miami case, Judge Michael Barrett noted that the accused student had “alleged facts which cast doubt on the accuracy of the outcome.” Indeed, the “discrepancy between [the accuser’s] written statement—‘I never said no’—and the finding that [the accuser] asked [the accused student] to stop casts serious doubt on the accuracy of the outcome of the Administrative Hearing [emphasis added].” Yet Judge Barrett concluded that 6th Circuit precedent prevented him from rectifying the injustice.

In a 2015 case at Case Western, Judge Christopher Boyko concluded that the accused student had made “a plausible claim that [he] was innocent of the charges levied against him and that CWRU wrongly found that [he] committed the offense.” Case Western didn’t give the accused student access to the full case file. The panel refused to ask some of the questions he deemed critical to his defense, and the chairman of the panel treated him with hostility.

The university denied his appeal—after allowing the appeals officer to consider an anonymous letter, to which he was never given access, to be added to his file. Despite noting that this treatment left a “plausible inference that CWRU’s disciplinary hearings were procedurally flawed,” Boyko sided with the university, citing relevant 6th Circuit precedent. The likely innocent student—found guilty after a flawed procedure—was out of luck.

This is, of course, the same circuit at which Judge Martha Daughtrey mused at how students accused of sexual assault are entitled to no more due process than a soldier facing a military board of inquiry. Daughtrey isn’t alone in her judicial indifference of basic fairness. The highest-profile example came in a 2016 appellate decision from California, where a three-judge panel restored the discipline against an accused student at UC-San Diego. The judges reached that conclusion even after one of them publicly compared the UCSD process to a kangaroo court.

Settlements

For those accused students filing outside of the 6th Circuit (or, in the aftermath of the UCSD decision, in California state court), success depends less on the merits of their case than on the judge to whom the case was assigned. For the public, however, even an unsuccessful lawsuit can provide critical insight into the otherwise secret world of campus due process.

Yet in two important respects, the interests of litigants and of the public are at odds. First, and quite understandably, wrongfully accused students want to end the process as soon as possible. In almost all cases, their primary goal is an expungement of their record, given the life-altering consequences of a wrongful finding of sexual assault. The public, by contrast, has an interest in a process lengthy enough to require the university to turn over internal documents relating to its disciplinary process—and to get university disciplinarians under oath.

These two interests most obviously come into conflict in settlement discussions. With the exception of Brown (and, oddly, Brandeis), most colleges and universities have entered into settlement discussions shortly after losing a motion to dismiss. The two most recent settlements—both troubling cases profiled by Ashe Schow—came at Lynn University in Florida and Allegheny College in Pennsylvania. In a twist, both settlements came shortly after court rulings requiring some degree of participation in the lawsuit by the accuser, setting up the possibility of cross-examination that the schools had gone out of their way to prevent.

It’s easy to see why the accused students settled; otherwise, their lives would have been on hold indefinitely. But the settlements also ensured that the public will learn no more about these deeply disturbing cases.

Secrecy

The interests of litigants and the public also are in opposition with regards to publicity. The first round of litigation after the Dear Colleague letter—cases at Xavier, St. Joe’s, Miami (Ohio), and Vassar—all featured students suing in their own names. Now, virtually all suits are filed under “John Doe.”

For reasons recently explained by Judge Philip Simon (in a case at Notre Dame), this shift is in the best interests of justice: the marginal benefits to the public knowing litigants’ identity are overcome by the litigants’ need for privacy. But the shift nonetheless represents a tradeoff and prevents those who cover the cases from getting a better sense of the personalities involved.

The far more troubling new development involves the sealing of all or much of the case file. Such efforts initially came mostly from accusers—in cases at Georgia Tech, St. Thomas, and (involving her subpoena) Amherst. But in two recent cases—James Madison and Notre Dameaccused students have entered into agreements with their universities to file material, including the transcript of the disciplinary hearing, under seal.

It’s understandable why an accused student would want to take such a course—even if innocent, the material in the campus process can be personally embarrassing. And not all of material is permanently shielded from the public—judges can cite from it in their opinions, as the two judges did in the critical due process victories at JMU and Notre Dame. But one reason why I was able to write so extensively about Amherst is that the accused student’s lawyer, Max Stern, placed all aspects of the disciplinary file, including the transcript, into the record, fully open at PACER.

In contrast to the “John Doe” issue, judges should push back on closing non-redacted material from public view. The public has a right—indeed, an obligation—to learn as much as they can about the unfairness of the campus disciplinary process. And as things stand now, due process lawsuits represent the only way for the public to achieve an unvarnished view.

To date, the Trump administration has made no efforts to push back any of Obama’s anti-due process policies. And it’s not at all apparent that, even if they did so, colleges would do much to restore a sense of fairness. So litigation—despite its clear limits—will remain the best avenue for both justice and transparency.