Category Archives: Short Takes

Due Process Wins a Battle Against a University’s Kangaroo Court

Though federal judges tend to uphold a lot of unjust campus decisions in sex-assault cases, Judge Elizabeth Dillon, an Obama appointee, proved on December 23 that some campus procedures are just too outrageous to survive judicial review.

The judge’s due process ruling came in a case out of James Madison University. (You can read her opinion here.) After troubling appellate rulings in California (which approved a process one judge had compared to a kangaroo court) and in the 6th Circuit (where one judge suggested that military court martials represented an appropriate model for campus sexual assault cases), the Dillon ruling is important.

The James Madison case also illustrates the effects of an often- overlooked effect of the 2011 Dear Colleague letter—the requirement that colleges introduce allow accusers to appeal not-guilty findings. As in comparable cases at George Mason and the University of Michigan, at James Madison, this double-jeopardy principle created an additional layer of injustice. Indeed, in all other types of disciplinary cases at JMU, an accusing student can’t appeal a not-guilty finding.

Even in an environment that often features shaky claims, the JMU one was unusually weak: the accuser filed her claim (that she was too intoxicated to have consented) only after learning that the student she’d accused had moved on to another woman; the accuser offered varying dates for the alleged attack; and the accuser’s own roommate, who the accuser had called as one of her own witnesses, told the hearing panel that on the night of the incident, the accuser was “completely fine” and didn’t seem to be drunk.

Despite a hearing that hardly passed as a paragon of due process (the accused student was forced to present his defense before the accuser’s version was offered to the panel), the accused student was found not guilty.

But—thanks to the Dear Colleague letter’s change—the case wasn’t over. The accuser exercised her right to appeal the not-guilty finding, sending the case to a three-professor panel. And the appeals occurred amidst a campus frenzy over the issue of sexual assault. A few months earlier, OCR had commenced a Title IX investigation of the university. A student named Sarah Butters generated national controversy by claiming JMU had insufficiently punished the students who had raped her.

The fall 2014 semester had begun with an editorial from the student newspaper proclaiming that the university’s alleged softness on sexual assault was the issue that “had been on everyone’s mind for these past few months,” and indicated that “we cannot tolerate a culture of sexual assault at our school.” The editors indicated that “our goal is to give our readers the information necessary to empower them to stand up against sexual assault.” The editorial, signed by all members of the paper’s editorial team, did not mention due process as an issue of any concern.

Amidst this atmosphere, the university allowed the accuser to introduce three new pieces of evidence (each of which had been available to her at the time of her complaint) to the appeals panel.

First, she offered a report from a social worker asserting that she was prone to excessive intoxication when drinking because of medication she was taking. (This report had been introduced into the case file before the original panel made its decision, but was never shown to the accused student.)

Second, she produced a statement from a suitemate claiming that the roommate who testified against her had admitted to lying.

Third, she turned over a voicemail from what she claimed was the night of the incident in which she had discussed her intoxication. Sent, she wrote, right after she left the accused student’s residence, the voicemail “emphasizes that I was drunk and unable to give consent to sex.”

Armed with this “evidence” and the audio of the original hearing—but hearing no testimony from the parties, granting the original panel’s credibility determination no deference, and (it appears) using a definition of consent that differed from that in JMU’s own policy—the appeals panel ordered the accused student suspended for five-and-a-half years.

An e-mail sent to a JMU administrator suggested that the voicemail was critical in the outcome; a subsequent email amended the claim to the new witness statements as the key. Oddly, the panel did not issue a written explanation of why it overturned the original panel’s decision; it did not even indicate that it had found the accused student guilty. Its form only indicated that it had “increased” his (previously nonexistent) punishment.

The flawed procedures in this case yielded particularly flawed results.

First, according to subsequent testimony from members of the appeals panel, they credited the claim that the key exculpatory witness (the accuser’s roommate) had lied without ever giving her a chance to respond. Even more incredibly, under JMU policies, the accused student couldn’t ask the roommate to file a rebuttal statement with the appeals panel—because (since she was a witness called by the accuser in the original hearing) he was forbidden from contacting her.

Second, and in violation of JMU rules, the accused student never saw, at any stage of the process, the social worker’s statement. So he never had the chance to hire an expert of his own to rebut it.

Finally, the so-called ‘smoking gun’ voicemail was actually from the night before the incident. Indeed, its introduction suggested that the accuser might have tried to mislead the appeals panel—which the accused student could have pointed out if JMU had given him more than 24 hours to respond to this new “evidence” (which it sent to him in the middle of winter break).

Since he didn’t see the “evidence” in time, he thought he had no chance to impeach it. One of the appellate panelists, Education professor Dana Haraway, later testified that she considered the voicemail significant in her decision. She didn’t learn about the date error until the accused student’s lawyer deposed her in the due process lawsuit against JMU. It’s hard to imagine a more cavalier approach to one of her own institution’s student’s life and reputation. Professor Haraway did not respond to a request for comment.

All of this was too much for Judge Dillon. “No reasonable jury,” she concluded, “could find [the accused student] was given fundamentally fair process. Instead, the undisputed facts show that JMU denied [him] a ‘meaningful hearing.’”

The case, however, will only lurch along. The accused student’s life has been on hold since January 2015; he filed his lawsuit in May 2015. For the next two months, the two sides will present briefs discussing whether JMU should hold a new hearing. At best, he’ll be eligible to re-enroll in the fall 2017 semester (spring 2018 if JMU requests an additional hearing before Judge Dillon)—so would serve at least a five-semester suspension for an offense that appears never to have occurred, because of procedures that were fundamentally unfair.

Judge Dillon’s ruling addressed one other significant point. In 2015, Judge T.S. Ellis (in a factually dicey case out of George Mason) issued one of the most perceptive comments in any due process ruling about the effects of a guilty finding on the accused student. He noted that a university deeming a student a rapist would have enormous consequences on his future educational and earning opportunities—since he’d have no choice, as part of applying to a new school or to any job that required a background check, to produce educational documents showing the university judgment.

JMU’s lawyer denounced this decision, which he termed the “800-pound gorilla or the elephant in the room,” as “wrong” and a “mistake.” (You can read the hearing transcript here.) In JMU’s world, any student who wanted to conceal a wrongful finding of sexual assault could simply not produce his educational records. Judge Dillon rejected this suggestion as the false choice it was.

The Publisher Who Took Risks and Defied Orthodoxy

The publishing house Transaction has been a mainstay of unusual academic scrutiny and exploration for decades — one that the self-righteous priests of political certainty who run the field sought to exile from the arena of thought. It was the intellectual banquet served up for years by the prickly but brilliant Irving Louis Horowitz and after his passing by his formidable widow Mary Curtis and her associates in the firm.

As a publishing adventure, Transaction was immune to the forces of sentimental fashion. It sought out and worked to sharpen and polish promising material. It ran the outstanding social science journal, Society, and other magazines edited elsewhere, including some of the most arcane publications from often unexpected and neglected neighborhoods of universities.

Almost single-handedly among commercial publishers, it kept alive the healthy tradition of intelligent sociology pioneered by powerful analysts and synthesizers such as Max Weber and Georg Simmel. This was at a time when the discipline was overrun by fuzzy neo-theatrical concepts such as “role models” and “status seekers” and endless (some would say pointless) studies of the mating habits of college sophomores, all which could be done without leaving one’s office and without risking contamination by deeper notions of human hierarchy and brutal personal struggle.

Transaction kept itself apart from the melioristic view of sociological insight as a substitute for skilled political action. And it created an intellectual home for informed and sometimes oddball and cranky skepticism. How it managed its finances so that it could publish a respectable dossier of books each year and support a devoted and experienced staff was a mystery that often baffled scholars perusing its intriguing and catholic catalogs. These same scholars then turned around to submit their manuscripts with some confidence that they had a shot at reaching the wider world.

Meeting that agreeable if overwhelming challenge has now proved to be too much for Team Transaction and it has elected to be purchased by the Routledge publishing group. Scholars will wish them well while quietly humming “Adieu Transactors – and Thank You.”

U of Oregon Violates Free Speech in Halloween Costume Punishment

The University of Oregon suspended a tenured professor for wearing blackface at an off-campus Halloween party, and now is considering additional punishment.

The university admits the professor had no ill intent (reports suggest that she wore it in a strange attempt to honor a black physician, by dressing up as the title character in a black doctor’s memoir, “Black Man in a White Coat”). But it claims — falsely — that this off-campus expression of racial insensitivity on a single occasion constituted illegal racial harassment under federal law (Title VI of the Civil Rights Act). In punishing the professor, it has violated the First Amendment.

As law professor Josh Blackman notes, the controversy began after “Nancy Shurtz, a tenured professor at the University of Oregon Law School, wore blackface to a Halloween party” as part of a costume that “also included a white lab coat and stethoscope.” In response, “Shurtz was suspended with pay, pending an investigation. That investigation came to a close on November 30.”

The University of Oregon’s investigation concluded that Shurtz had created a hostile environment through this mere act, even though constitutional experts such as UCLA law professor Eugene Volokh had observed weeks earlier that the professor’s off-campus expression was protected by the First Amendment under court rulings such as Iota Xi v. George Mason Univ. (4th Cir. 1993), which ruled that even a mocking portrayal of blacks by students using blackface was protected by the First Amendment. Moreover, the Fourth Circuit Court of Appeals had ruled in Berger v. Battaglia (1985) that public employees have a First Amendment right to perform publicly in blackface while not on duty.

On December 23, notes Professor Blackman, “the Provost of the University of Oregon released a statement, along with a redacted version of the investigative report,” claiming that “Shurtz can be disciplined consistent with the First Amendment and principles of academic freedom. Here is the Provost’s summary:

Though the report recognizes that Professor Shurtz did not demonstrate ill intent in her choice of costume, it concludes that her actions had a negative impact on the university’s learning environment and constituted harassment under the UO’s antidiscrimination policies. Furthermore, the report finds that under applicable legal precedent, the violation and its resulting impact on students in the law school and university outweighed free speech protections provided under the Constitution and our school’s academic freedom policies.

The report’s findings of “harassment” are nonsense. Courts have ruled that far more offensive behavior does not rise to the level of illegal racial harassment, such as occasionally overhearing or witnessing the use of the N-word by co-workers. (See Bolden v. PRC, 43 F.3d 545 (10th Cir. 1994) and Witt v. Roadway Express, 136 F.3d 1424 (10th Cir. 1998)).

Unfairness in the Minnesota Football Rape Case

We don’t normally think of college athletes as prominent defenders of due process. Yet perhaps the highest-profile protest against the post-Dear Colleague letter demise of campus due process came last week at the University of Minnesota. Its emergence, the reaction to it, and its quick collapse speaks volumes about the relationship between due process and policies toward sexual assault on the nation’s campuses.

In September, several members of the Minnesota football team were accused of a particularly ugly gang rape. The police investigated, but the prosecutor ultimately declined to pursue charges, largely because a contemporaneous video of the incident (taken by one of the players) showed the accuser (in the words of a police report) “certainly conscious and aware of what is going on”—“lucid” and “alert.”

The university, however, conducted its own investigation and found at least some of the players guilty of the same offense (sexual assault) for which the local prosecutor had concluded he lacked probable cause to indict. Armed with that finding, the university’s athletic department suspended the players—in the process publicly identifying them. This move prompted other members of the football team to threaten to boycott the Holiday Bowl game, only to abandon their move under heavy pressure from the university and the media.

The Limitations of Due Process Protests

The timeline of the Minnesota football team’s response resembles that of the Yale basketball team’s response to the Jack Montague case. In both instances, the team began with examples of high-profile protest. Each member of the Yale team wore Montague’s warm-up shirt before a game. Each member of the Minnesota football team stood behind a statement indicating that university procedures had denied their teammates’ “due process,” in part by finding them guilty of the same offense for which the police had chosen not to bring charges.

Within 48 hours, under what appeared to be heavy internal and external pressure, the teams backed down and issued statements effectively retracting their original protests. In both instances, these statements were radically different in tone and substance from the teams’ original actions and read as if written by a university administrator rather than by college students.

Contrast both the Minnesota and Yale outcomes to that at the University of Missouri. When the Mizzou football team threatened to boycott on behalf of student protesters alleging racial discrimination on campus, the president was fired. The backdowns in the Minnesota and Yale cases, by contrast, provides a reminder of where the power lies in universities on due process issues and sends a message to other students that standing up for due process in sexual assault adjudications will be futile.

The Minnesota case includes one element absent in the Yale matter. Local reports suggest that the players’ unity was in part eroded by the release of the university investigative report. Even construing the incident in the light most favorable to the accused players, this lengthy document revealed an ugly, troubling episode in which the accused players were almost caricatures of unfeeling misogynists. Little wonder the other players then folded. (One of the players has subsequently maintained that the boycott nonetheless will ensure that future accused students are treated fairly, but no signs exist that Minnesota will in any way change its policies.)

Ironically, however, the leaking of the report (to a local TV station) heightened the due process critique the team originally made. The report, of course, was supposed to be confidential. Given its conclusion, and its highly negative character portrayals, it’s inconceivable any of the accused players leaked it. That leaves someone from the accuser’s legal team, or a university official, as the likely source—figures willing to waive the confidentiality requirements when they thought it would be helpful to their side of the case. The report’s leaking, in this respect, casts further doubt on the integrity of the Minnesota adjudication process. Just as with Yale and the Patrick Witt case, however, I wouldn’t hold my breath waiting for an investigation to identify the leaker who violated university policies.

Blue State Laws

The last few years have featured a wave of blue states passing “affirmative consent” laws, which effectively require accused students to prove their innocence. Minnesota hasn’t enacted such a law (though the university does employ the “affirmative consent” standard, thereby defining sexual assault differently than state statutes). But the state did enact a first-in-the-nation law requiring “training” of all campus investigators and adjudicators of sexual assault cases.

The football players’ case was one of the first to be adjudicated under the new standards. This summer, I had asked Minnesota’s Title IX coordinator, Kimberly Hewitt, for a copy of the new training material; she declined to provide it, with a cc to the university public relations office. (I then obtained it through a state public records request.)

I can see why Hewitt wasn’t eager for the material to become public. Minnesota has trained its sexual assault investigators by having them attend an event organized by the Minnesota Coalition Against Sexual Assault; sessions from the National Association of Colleges and Universities; participating in the “Minnesota Campus Sexual Violence Summit”; joining an AAU Survey of Sexual Assault and Sexual Misconduct Webinar; and completing a course organized by the ATIXA Institute, an organization associated with the anti-due process NCHERM.

Adjudicators receive briefings from the Minnesota Equal Opportunity and Affirmative Action Office, the Student Sexual Misconduct Subcommittees, the university Office of the General Counsel, a local police chief, a university lecturer expert in addressing questions of credibility, the Director of Gender and Sexuality Center for Queer and Trans Life at the University of Minnesota, and the legal advocacy coordinator of the Aurora Center, a university organization that “provides a safe and confidential space for students . . . who are victims/survivors/concerned people of sexual assault.”

Adjudicators receive briefings from the Minnesota Equal Opportunity and Affirmative Action Office, the Student Sexual Misconduct Subcommittees, the university Office of the General Counsel, a local police chief, a university lecturer expert in addressing questions of credibility, the Director of Gender and Sexuality Center for Queer and Trans Life at the University of Minnesota, and the legal advocacy coordinator of the Aurora Center, a university organization that “provides a safe and confidential space for students . . . who are victims/survivors/concerned people of sexual assault.”

The list of training, therefore, contains no defense lawyers. Nor does it feature a representative of a group devoted to campus civil liberties, like FIRE (or even the ACLU). So Minnesota trains its investigators and adjudicators exclusively from sources that are either neutral or who are ideologically inclined to believe the accuser (and therefore find guilt). Imagine the criminal justice context, of jurors in sexual assault trials (and only sexual assault trials) required to receive “training,” with the training material provided only by the prosecutor and not by the defense.

The effects of this training were apparent in the university investigator’s report. Both the accuser and the accused had inconsistencies in their stories. But the accuser’s inconsistencies enhanced her credibility—“we generally attribute the differences among [her] accounts over time to her gradual recollection of what she found to be a very traumatic experience,” the university report declared—while the accused students’ inconsistencies led the university investigator “to discount their credibility.”

Nothing in the one-sided nature of the training, of course, should obscure the ugliness of the undisputed conduct detailed in the report. (This was, in the light most favorable to the accused players, an episode of group sex amidst underage drinking, while the players were entertaining a high school recruit.) But despite the wording of a statement issued from the president’s office, Minnesota did not suspend several of the players because their behavior conflicted with university values; it suspended them because the university concluded they had engaged in behavior the state considers a felony—even as the prosecutor declined to seek indictments over the same behavior.

Media

Initial coverage of the players’ boycott statement was basically fair—at least in the local Minnesota media. That tone soon changed. It changed despite the fact, as Robby Soave has observed, this was a protest (from students of all races) alleging that authorities had denied due process rights to accused black males.

In the current national environment, in virtually any other context, this message –that young men of color had been mistreated by agents of the government who were investigating conduct that state law deemed to be criminal—would have been greeted with enthusiastic support from the mainstream media.

Yet (unsurprisingly, given the general media attitude regarding due process and campus sexual assault), the editorial and commentary response was overwhelmingly negative. This Sally Jenkins piece in the Washington Post is a representative sample; this Dave Zirin piece is a typically extreme manifestation of the attitude. In its editorial condemning the players who threatened to boycott, the Star-Tribune conceded that “there can be discussion over whether [preponderance of evidence is the correct standard and over the high level of secrecy involved in the disciplinary process at the University” and noted that there “has been pushback in other high-profile incidents across the country over the current system and the way standards are applied.”

In other words: the editors conceded that the due process concerns presented by the students had merit. After making the point, the editors nonetheless charged that, through their protest, the players threatened to “further damage the university’s reputation.” Is there any other context in which a left-of-center editorial page would advance such a claim about students advocating for other students’ civil liberties?

Beyond the choice of framing, both the Times (in a straight news story) and the Star-Tribune (in its op-ed) erroneously asserted that the University of Minnesota was required by “law”—even Obama administration officials (albeit very reluctantly, under prodding from Senators Lamar Alexander and James Lankford) have conceded that the Dear Colleague letter doesn’t carry the force of law. The Times quietly eliminated its error.

After the issue was pointed out on Twitter, the Times replaced, without acknowledgment, the claim that Minnesota had to use a lower standard of proof by law with the following passage: “Burdens of proof used in such investigations are frequently lower than the criminal justice system’s.” The false claim in the Star-Tribune editorial remains. The errors reflect the generally poor approach the media has featured in covering campus procedural issues.

The Minnesota football coach has said that his public support for the protest threatened his job. Given the current atmosphere on campus, he’s probably right.

Add Babson to the List Of Campus Hoaxes

The shoot-first-and-ask-questions-later mentality that has gripped our college campuses, currently basking — or wallowing — in a so-called diversity and inclusion phase, has visited Babson College, where members of the administration and faculty worked themselves into a lather over an incident of racial harassment that, it turns out, the most elementary investigation would have demonstrated never occurred.

This puts Babson, President Kerry Healey, and a number of administrators and faculty members in the uncomfortable position of having failed to adhere to an academic obligation — first determine the facts, then draw conclusions, and only then open your mouth.

The embarrassing imbroglio stems from an ill-fated and impulsive truck ride by two Babson students, Parker Rand-Ricciardi and Edward Tomasso, to Wellesley College on Nov. 9 to gloat over Donald Trump’s victory. Gloating is, of course, fully protected by the most elementary precepts of academic freedom, to which virtually all liberal arts colleges — including Babson and Wellesley — are committed.

Quickly, the word spread via social media that the pair had engaged in racist and homophobic slurs, including a targeted visit to Wellesley’s Harambee House, home to the college’s African-American cultural center. The reports of racial slurs were complemented by one report of spitting by the Babson duo.

But investigators were unable to substantiate any of these reports of hate speech. That they took root, then spread like wildfire, to the point of provoking condemnations from many of the supposed adults running Babson, tells us how far our colleges have fallen in the contest by administrators and professors to be seen as holier-than-thou when it comes to hot-button issues of race, gender, sexual orientation and other such categories.

Healey was joined by Dean of Students Lawrence Ward, and some 200 members of Babson’s faculty — none of whom apparently had bothered to look for evidence before condemning Rand-Ricciardi and Tomasso and effectively labeling them racists and homophobes. It was a classic example of the justice meted out by the infamous character Queen of Hearts in “Alice in Wonderland,” who pronounced sentences — “off with their heads” — before the inconvenience of a trial.

The unseemly faculty and administration rage was tempered only when Babson and Wellesley campus police reported they could find no evidence to support any of the allegations of racism. Babson’s campus ban on the two students was immediately lifted. Yelling “Trump 2016” and “Make America Great Again” out of the windows of a vehicle is not a crime in the USA, nor a recognized offense — at least not yet — on a liberal arts campus.

Perhaps the biggest surprise was the politically correct, premature and unsubstantiated condemnations that came from the mouth of Babson’s president, who, because of her business and political rather than academic background, might have been expected to exercise more skepticism and better judgment than we have come to expect from the typical campus administrator or professor.

Before accepting the Babson presidency, Healey had a vibrant career in the real world. Her departure from positions of prominence and responsibility into the academic mosh pit is a misfortune sadly demonstrated by what she’s chosen to do there — wrongly impugn the reputations and jeopardize the careers of two young men she happens to disagree with.

Reprinted with permission from the Boston Herald

The Inmates Are Running the Asylum

Radical sex warriors at Reed College tried to shout down Kimberly Peirce, partly because she didn’t use a trans actor in her 1999 movie Boys Don’t Cry, about the murder of a transgender male.  This is an excerpt from Robby Soave’s blog on the event at Reason.com:

“The most revealing comment came from Lucia Martinez, an assistant professor of English at Reed who identifies as a “gay mixed-race woman.” Martinez wrote:

“I teach at Reed. I am intimidated by these students. I am scared to teach courses on race, gender, or sexuality, or even texts that bring these issues up in any way—and I am a gay mixed-race woman. There is a serious problem here and at other [selective liberal arts colleges], and I’m at a loss as to how to begin to address it, especially since many of these students don’t believe in either historicity or objective facts. (They denounce the latter as being a tool of the white cisheteropatriarchy.)”

How many professors must confess that they live in terror of their far-left students before we start taking them seriously? Before we recognize that a thin-skinned, easily-offended super-minority of students has gained the power to censor academics and other students for broaching controversial subjects before we are prepared to do something about it? This is the elite American college campus: a place where even queer, leftist professors and filmmakers are afraid of being sent to the guillotine by self-professed radical students.

Humanities, Pretty Much Dead, Are Mostly a Hunt for Racism and Sexism

A number of prominent liberal intellectuals, such as Leon Wieseltier, acknowledge that the humanities are in trouble. There “really is a cultural crisis,” he said at a recent Aspen Ideas Festival. This is an improvement over the mass denial of a few years ago, when the standard retort to conservatives went something like this: “You just don’t like the direction the humanities have taken” or worse: “You old-fashioned types are angry that the humanities are no longer a Eurocentric dead-white-male thing—get over it.”

But when the politically-correct president of an Ivy League university recounts how far the humanities have fallen at her school, as Harvard’s Drew Gilpin Faust did at the same festival, it’s hard to dismiss the thesis.  The numbers Faust cited for Harvard are astounding.  Currently, she said, about 14 percent of Harvard undergraduates major in a humanities field.  That’s higher than the national rate, but it’s down from the 25 percent rate at Harvard when Faust started her tenure as president nine years ago.  Most of the withdrawal, she noted, was due to students heading toward the hard sciences (not the social sciences).  When it comes to enrollment in humanities courses in general at Harvard, the trend there is downward as well, a drop of ten percent over the same period of time.

Related: Are the Battered Humanities Worth Saving?

We can add to the testimony of liberal leaders at the administrative level a story in the Chronicle of Higher Education about literature professors who think that literary studies have become so cynical and paranoid that they are turning people away.

When English turned into a practice of reading literature for signs of racism, sexism, and ideology, it lost touch with why youths pick up books in the first place, said University of Virginia Professor Rita Felski.  And Duke professor Toril Moi told the Chronicle reporter, “If you challenge the idea of suspicion as the only mode of reading, you are then immediately accused of being conservative in relation to those politics.

And added to that story is the pile-up of reports demonstrating declining majors and enrollments, along with a dreadful job market for recent PhDs (see here, which shows that, in 2014, nearly half of all humanities doctoral recipients —45.7 percent—had no employment commitments:  We can’t dismiss the thesis of decay any more.  We may disagree about the causes of the slide, but everyone agrees that we need to rebuild and reinvigorate the fields.

Related: More Bad Numbers for the Humanities

The San Diego Union-Tribune recently carried a sad story on one attempt to revive the humanities, at the University of California, San Diego. The program foregrounds social themes, not works of beauty and genius.  The photo that introduces the story shows a panel speaking to a room of 30 or 40 people. The caption states the topic: “Challenging Conversations: Race and State Violence. “The question it raises is: Do the organizers really believe that an event such as this one will draw more first-year students into English, Art History, Classics, and French?

The problem isn’t just that discussions of race, violence, and politics have become so predictable and joyless.  It is that nothing in identity-focused discourse steers youths toward the humanities instead of toward the social sciences and fine arts.  If there is a campus symposium on how race played out in the last election, there is no reason to think that a humanistic approach to it will follow.  It sounds more like Political Science or Sociology than English or History.  So does the other event on the “News” page, “Community, Arts, and Resistance.”

The standard response to this disciplinary distinction is to insert humanities materials into the act.  Yes, the professors say, we talk about race and class and other topics traditionally at the center of the social sciences, but in our case, we examine the representations of them in novels and movies and culture in general.  This is not a step away from reality, they contend, because literature, art, music, and media do what is called cultural work.  They shape norms, impart values, construct stereotypes, and reinforce ideologies.  Analyzing humanities works, then, is essential to the understanding of society.

Maybe—but the claim is beside the point.  In this case, that is, regarding the material state of the humanities today, what counts is whether such approaches that foreground social issues in works of art and literature are going to encourage more undergraduates to choose humanities majors and courses. Unlikely.

First of all, if a 20-year-old has a particular passion for racial, sexual, or other identity themes, chances are that he isn’t inclined to filter it through Shakespeare or Wagner or Woolf.  A few of them will, but not because of their identity interests.  History is a stronger possibility, we admit, but when our youth looks at the requirements for the History major, he will find much of it lies outside his interest.  If you’re fascinated with race in America, you don’t want to spend much time on the ancient and medieval worlds.  Much better to choose one of the “Studies” departments.

Second, if students do come into college loving Victorian novels or foreign films or Elizabethan drama or Beethoven, it probably isn’t due to the identity content of those materials.  They love Dickens because a high school English teacher dramatized Miss Betsey so well, or because the students identified with David Copperfield (which is a whole different kind of identity-formation than the one academics have in mind when they discuss identity).  It’s not that undergraduates already interested in the humanities discount identity issues.  They accept them as part of the work, certainly.  But those issues are not the source of inspiration.  The first draw isn’t race, gender, sexuality, nationality, etc., in American film.  It is Intolerance, City Lights, Ambersons, Vertigo . . .  Students want works of art first, social themes within them second.

And so when the UCSD project breaks the humanities up four areas—Equity, diversity, and inclusion; global arts and humanities; public arts and humanities; and digital arts and humanities—one has little hope.  Why is equity at the top, especially when we consider how much great art emerged out of unequal societies?  Why invoke the bland divisions of global, public, and digital?

Here are the sentences that follow the four-part breakdown on the Institute’s web page: Through these wide-ranging and cross-cutting themes, we view the arts and humanities as a vibrant collection of different fields—including the humanistic social sciences and STEM fields—that interrogate the humanistic enterprise from complimentary [sic] and sometimes disorienting perspectives. The IAH thus values difference, cultivates exchange and prioritizes transformative ways of thinking and working together.

The language here is deadeningly abstract — “cross-cutting . . . interrogate . . . prioritize”—the very opposite of a humanistic turn of mind.  The statement goes on to claim that the Institute offers “exciting programs,” but where in this conception is the excitement of the haunting search for Anna on the island in L’Avventura and the uncanny sequence of images in the last five minutes of L’Eclisse?  Does this ethnic/politics focus for the humanities make space for the grand spectacle of Act II of Aida?  Does it allow for Nietzsche’s fiery words about nihilism in The Will to Power?  Does it respect the dark sublimity of the last paragraph of The Dead?

These are the things that lure students to the humanities and keep them there, not this adversarial social framework that turns the humanities into sociology for people who like art.

No Sex Talk, Please—This is Harvard

Harvard’s men’s cross-country team has been put on probation because members of the 2014 team made strong judgments on the sexual attractiveness of members of the women’s cross-country team.

What?

We wonder if male college students anywhere else have ever engaged in this kind of behavior—noticing that females often differ in their degree of attractiveness, thus generating male commentary, some of it tacky, even smarmy and probably not in the language that the commenters might use in speaking to their mothers.

Our guess is yes, other young men, perhaps even at Harvard, have concluded that sexual appeal is unevenly spread throughout the female population, and they have not always refrained from speaking out on the matter. Another guess of ours is that only at Harvard would men write down these sometimes crude, offhand judgments and file them away on spreadsheets for detractors to find.

Indeed, some of those detractors are descending on Harvard’s men’s sports teams with the grim zest of PTA mommies eager to deal with the pigtail-pulling behavior of eighth-grade boys. Pigtail-pulling of some sort is likely involved in other mommy interventions at Harvard, including the cancellation of this season’s men’s soccer team, not to mention the campaign to punish the mostly male members of various clubs and fraternities that have variously irritated large numbers of campus mommies, who are mysteriously determined to prove something or other.

Mommy spokespeople say the comments by the current cross-country team are not so bad, but comments by the 2014 team were horrible, though hard to punish since most of those team members are gone and unavailable for punishment. But current members will have to suffer training by the much-feared mommies of Title IX, plus another trainer, maybe even a male, who will help the errant cross-countrymen to shed as much maleness as possible. Apparently, this has already been accomplished at the Harvard Crimson, whose editors have expressed no reservations about all this.

Harmless College Jokes Punished at Mandatory Civility Seminar

At a Virginia college, inspirational slogans were recently posted in a residence hall to buoy the spirits of students cramming for exams. Resisting the inspiration, some students posted satirical  responses. “You are what you think you are, aim high!” drew the reply “You appear to be suffering from delusions of adequacy.” Another encouraging slogan, “You miss 100% of the shots you don’t take,” drew the non-inspirational answer, “Yeah, but you miss 99% of the ones you do.”

Harmless, right?  No! A residential life officer was not amused and sent this message to all residents: “This is not a joke…. This is not ok. Our community is meant to be one of encouragement and acceptance and the posting of materials against this goes directly against what we are called to stand for. This is home, no one should be insulted or fear insults within the domain of their own house, apartment or residence hall. If you feel attacked by any of these notes, please know that I am here to listen and support you.”

The RA asked students to inform on the irreverent counter-posters, and scheduled a dorm-wide meeting, with attendance mandatory, to discuss “civility.” Underlining the gravity of the allegedly humorous prank, the RA continued: “I would like to remind you of the power of words. You do not know the affect your words may have on someone else. Words that mean nothing to you may trigger an emotional response to someone, you do not know everyone’s backstory. Because of this, I encourage each of you to think carefully before you speak.

“Tensions are high due to elections, and exams are around the corner; we all need to be at our peak performance to succeed. Take care of each other, don’t say anything that can hurt someone, regardless of whether you think it is funny. A person finding offense at your joke or statement is not their fault, it is not a result of them needing to change or of them being weak. The change needs to happen in your words.”

The mandatory civility session was set for “after the break,” apparently a reference to the Thanksgiving break, though the RA seems to have avoided the term as too religious. The student who sent all this information said the dorm was ready to organize a “secret Santa” gift-giving, but would call it a “secret snowflake“ instead since “Santa” seems to evoke the overly religious term, ”Christmas.”

How Governor Andrew Cuomo Is Weakening CUNY

I’ve worked at CUNY under four governors—George Pataki, Elliot Spitzer, David Paterson, and Andrew Cuomo. Pataki (and state Senate Republicans) didn’t allocate to the institution sufficient funding. But he was by far the best governor of the four for CUNY.

Pataki appointed a superbly-qualified chairman of the Board of Trustees, Benno Schmidt. He named other trustees—Jeffrey Wiesenfeld, Kay Pesile—who were both independent and committed to CUNY’s academic excellence. (And, despite opposition from status quo faculty, Pataki reappointed Wiesenfeld.) The board, in turn, appointed an excellent chancellor, Matthew Goldstein, whose policies helped to revitalize the institution. All the while, Pataki stood aside and allowed CUNY to flourish free from political meddling.

Neither Spitzer nor Paterson served long enough to leave much of a mark on CUNY—though both seemed to recognize the institution’s significant improvement in the Schmidt-Goldstein era and seemed disinclined to reverse the progress. Not so, however, Cuomo.

For his first term, Cuomo confined his CUNY policy to disinterest—though he distinguished himself as even less supportive of robust funding levels than Pataki or the GOP-led state Senate. But since winning re-election in 2014, he increasingly has targeted the institution. He offered a curious call for consolidating the CUNY and SUNY administrations, despite the radical differences between the two institutions. (For starters: CUNY schools are urban and non-residential; many SUNY schools are rural or exurban with on-campus residency requirements.)

As part of this effort, the Cuomo administration criticized CUNY’s decision to pay Goldstein as chancellor emeritus, which carried with it teaching and research expectations. (As the Times noted at the time, “By national standards, Dr. Goldstein’s compensation has always been moderate.”) And the governor brought to CUNY, which heretofore had a policy that was a model of fairness, his campaign to weaken due process protections for students accused of sexual assault.

In the meantime, Cuomo stacked the CUNY Board of Trustees with political cronies. Here’s a listing, from a recent New York Times summary: “[A] new chairman, William C. Thompson Jr., the former New York City comptroller, Fernando Ferrer, the former Bronx borough president; Robert F. Mujica, Mr. Cuomo’s budget director; Ken Sunshine, a public relations consultant; and Mayra Linares-Garcia, Mr. Cuomo’s former director of Latino affairs.” None have, to date, demonstrated any indication of independence from the governor.

Frustrated in his effort to consolidate CUNY and SUNY, the governor then took advantage of alleged financial misconduct by the former president of CCNY, Lisa Coico. The Cuomo-appointed BOT chairman, Thompson, publicly “requested” a university-wide audit by the state inspector general, who—contrary to normal practice—quickly issued an “interim” report. The report’s revelations—focusing on a tendency to hire outside counsel for sticky investigations (an approach that

The report’s revelations—focusing on a tendency to hire outside counsel for sticky investigations (an approach that has worked very well at CUNY) and purportedly excessive discretionary spending by college presidents—hardly seemed to be the type that would justify an “interim” report. Nonetheless, Albany responded with a statement containing a scarcely-concealed attack  on the upper-level CUNY administration.

Cuomo’s motives in targeting CUNY remain unclear. The Times quotes CUNY emeritus professor Kenneth Sherrill, who observed that Cuomo might want to distract attention from a scandal at SUNY-Polytechnic Institute. It’s also possible that CUNY has become caught in the battle between Cuomo and his chief rival in the New York Democratic Party, NYC mayor Bill DeBlasio. If so, CUNY is in deep trouble indeed, trapped between a governor who seems willing to use the institution as a political plaything and a mayor who’s an incompetent ideologue.

But, in the end, Cuomo’s motivation is irrelevant. An effective, independent administration at CUNY is critical given the ineffectiveness of the elected faculty leadership—especially the faculty union, the Professional Staff Congress, which has distinguished itself over the past 15 years for its opposition to every major effort to raise standards at CUNY.

Any vacuum caused by less independent trustees and administrators—the clear effect if not the intent of Cuomo’s policies—will only work to weaken education at CUNY overall.

Yale President Thumbs His Nose at Federal Law

Peter Salovey, president of Yale, posted this in the Yale Daily News

Since last week’s presidential election, many in our community have expressed concern about the new administration’s proposals to move toward much more aggressive enforcement of immigration laws. Students and others at Yale and around the country have called for the creation of sanctuary campuses.

Yale’s commitment to its students is long-standing, and I am dedicated to maintaining and strengthening the supports and resources we have in place. We admit students without regard to immigration status, and our financial aid policies assure that no student will be denied an education because of immigration status. These policies will continue.

Yale’s home city of New Haven has adopted practices that are designed to promote the safety of all who live here, regardless of immigration status, and the Yale Police Department has aligned itself with those same procedures. New Haven Police Department (NHPD) policies state clearly that a community member’s undocumented status will have no effect on how the NHPD interacts with that person. As a result, police officers do not inquire about a person’s status unless investigating criminal activity and do not inquire about the immigration status of crime victims, witnesses or others who seek police help. Moreover, the NHPD does not enforce the civil provisions of U.S. immigration law (which are the responsibility of federal immigration officials), and only shares confidential information when required by law.

I have asked Yale Police Chief Ronnell Higgins to review the department’s formal written procedures to make sure they reflect these practices, a request which he wholeheartedly accepts. Any law enforcement agent who wishes to enter our campus is expected first to check in with the Yale Police Department. Further, Yale does not permit access to our campus by law enforcement officers unless they have a search warrant….


Letter to Yale Daily News

J. GatsbyThere is a difference between legal and illegal immigrants. The unilateral nullification of the federal immigration law is a slap in the face to all of us who came to this country legally.

College Students Lose It over the Election

University heads are very concerned with their students’ feelings and fears about the presidential election.  A Chronicle of Higher Education article collected 45 university president statements on the election. The statements reveal how many presidents advocated acceptance of the election results and/or congratulations of the winner—approximately zero–as opposed to offering comfort and therapy of sorts for the allegedly traumatized losers.

They have nothing to say about citizens’ duty, in a democracy, to accept election results, even if their preferred candidate loses.  This is both shocking and a reflection of the higher education ideological monoculture (see Jonathan Haidt’s Minding the Campus interview) as well as survey results showing that about 25% of millennials reject democracy as a form of government.

U.S. flags were burned in protest at American University, Hampshire College and the University of Missouri at Columbia, among other places.

At Brown University, some students tore up a large number of small flags that were planted to mark Veterans Day. This was a breakthrough in flag-based antagonism: ruining other people’s flags, instead of just your own. A comment on the website of The Brown Daily Herald said, ” Their purpose was not only to honor veterans as a whole but specific members of our community. I am ashamed that our campus continues to have a problem civilly and rationally expressing opposing opinions. We are becoming an echo chamber and the liberal caricature that Fox News thinks we are.” And St. Mary’s College of Maryland announced that an investigation has shown that some of its students were responsible for shredding and lowering to half-staff a flag at a local post office.

And St. Mary’s College of Maryland announced that an investigation has shown that some of its students were responsible for shredding and lowering to half-staff a flag at a local post office.

The colleges’ endorsements and promotions of partisan animus are an ominous turn for American society.  Citizens who are unhappy with the election results should feel free to oppose the incoming administration (witness Mitch McConnell’s pledge to make Barack Obama a one-term president around 2009). But they should not feel free, as university presidents apparently do, to oppose the legitimacy of the result.  University presidents should be particularly wary of making academia more partisan than it already is.

Unfortunately, higher education is part of the license raj.  As a government-sponsored cartel (accreditation, professional certification requirements plus student loans), it considers itself exempt from outside pressures.  The result has been the removal of civics from curricula and capture by a radical identity politics ideology to the exclusion of a commitment to democracy or republicanism (small caps).

Liberal Academia in Donald Trump’s World

Within our privileged, cosseted circles we have gotten used to not only thinking that we are right, but that we are obviously so. By putting down “straight white men” with gleeful impunity, we gave poor white voters everything to apologize for, and nothing to believe in…. Nowhere has this benevolent but ultimately self-defeating myopia been more pronounced than on college campuses. We have dismissed our conservative peers in the classroom and taunted them on social media all while refusing to seriously engage their views. We have taken hard questions like affirmative action and abortion entirely off the

We have taken hard questions like affirmative action and abortion entirely off the table as if we had already provided an answer that should be immediately convincing to all. We have refused to consider a diversity of viewpoints on what constitutes “diversity.”… We have resolutely resisted paying more than lip service to socioeconomic inequality, rural alienation, and shifting patterns of exclusion while still purporting to speak on behalf of all marginalized people.  — Artemis Seaford in “The American Interest.”

Viewpoint Diversity

“Diversity is all the rage on college campuses. And for good reason. It is important for the diversity of our nation to be reflected in higher education and beyond. However, the people who champion gender, racial, and cultural diversity often shun viewpoint diversity. Universities have become increasingly ideologically homogeneous. This is especially the case in the social sciences; fewer than 10 percent of professors in these fields identify as conservative, and this number keeps shrinking. Conservatives have little influence in the scholarly disciplines that have the most to say about social and cultural life, family, and mental health.” —   Clay Routledge, Viewpoint Diversity, Scientific American

College Students Get Special De-stress Therapy After Trump Election

On our campuses, the election of Donald Trump is being treated as an emotional and personal disaster. It’s all about feelings. Classes have been canceled, therapeutic intervention offered and safe spaces filled. Here are three administrations in action, as reported on the Power Line blog:

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There Will Be a Self-Care Session with Cookies and Mindfulness Activities

Dear Students (of U. Massachusetts, Lowell),

We at the Multicultural Affairs Office hope this email reaches you and you are doing ok. We know many of you stayed up waiting to hear of the election results. These are unprecedented times. The nation as well as our community is reacting in many different ways. We are reaching out to each of you because we know that this was an intense election and we are already hearing a number of reactions, feelings and emotions. This is a critical time to make sure that you, your friends, classmates, neighbors are doing ok and seeking the appropriate support especially if they need a place to process or work through what they’re feeling.

You may hear or notice reactions both immediate and in the coming weeks, some anticipated and many that may be difficult to articulate or be shared. While it may take some time to fully take in all the recent events, please also know that the OMA office is here for you. Our UMass Lowell community is here for you. Do not hesitate at all to come in or ask for support.

Today there is a Post-election self-care session from 12-4pm in Moloney. The event will include cookies, mandalas, stress reduction techniques and mindfulness activities. Counseling and Health Services will also be available. We have sent out messages through our Social Media sites as well as encouraging students to drop in all week. Above all, take good care and know that there is strength in our community that you can lean on.

Kind regards,
Office of Multicultural Affairs Staff


Trump Has Views on Civility and Inclusivity at Odds with Mine

To our students (Oglethorpe University):

Dean Hall and I invite each of you to join us this evening (Wednesday, November 9) in the TLCC dining hall at eight p.m. for a conversation about the election last evening. I know that members of our community have differing political and social views. I know some of you cast your vote yesterday for Donald Trump, Others voted for Secretary Clinton or another candidate, and there were some of you who chose not to vote at all. I also know there are members of our community who were not able to vote, because of their citizenship status or because of a criminal record. I encourage all of you to come.

As a president of a university, who in some ways represents all constituents, I fully realize that expressing personal or political views will be viewed by some as inappropriate. I encountered this perspective a few years back when I chose to speak out on the issue of gun safety after the massacre at Sandy Hook. I have no regrets at all about that decision. I felt then and I feel now that on certain issues at certain times in our history, the failure to speak out is far more dangerous than keeping silent. Today, for me, is another one of those times. And again, as I did on the gun safety issues, I want to be clear that I express my views first as a citizen of this country.

I still find it difficult this morning to believe that the majority of voters in our country chose to elect a man whose views on civility and inclusivity are so at odds with mine and with the values of our Oglethorpe community. This morning, I can manage to get past his inexperience and lack of public service even though virtually every editorial page in the country, left or right leaning, failed to endorse him because of those traits. What I cannot get past, and I will refuse to overlook, is a future of America that is divided by race, religion, sexual identity, and country of origin.

I look forward to seeing you tonight.

President Schall


Dear Colorado University- Boulder community:

As a nation, we have just finished a particularly stressful national election cycle. I want to acknowledge that our campus is not alone in experiencing and witnessing a wide range of reactions today, from joy, to fear, to sadness, to sheer exhaustion. I’d like to share how proud I am of our entire campus community for hosting political speakers and events as well as engaging in respectful dialogue across campus during this election cycle. While we are not perfect or error-free, as a community we must remain committed to the values contained in our Colorado Creed.

You may find yourself with friends, classmates or colleagues who do not share the same reactions as you. These interactions may evoke strong emotions that can quickly intensify. In some cases, you, or others close to you, may feel you are experiencing or witnessing negative treatment or more subtle forms of oppression, perhaps related to the election or perhaps because of your race, ethnicity, sexual orientation, gender identity, religious affiliation, country of origin, political thought or other aspect of your identity. At CU Boulder, we respect and protect all of these expressions of identity on our campus.

In every case, we are here to listen, engage and support one another. If you are struggling with the personal impact of this stressful time in any way, we have resources available to you. The campus provides safe spaces for discussions on identity, empowerment, intercultural competency and the impact of the election.

This is a highly stressful time of year on the campus and for the nation at the end of this election. We recommend several strategies to care for yourself and to help you remain productive throughout the semester, including:

  • Acknowledge your feelings — check your emotional state before you engage in conversations. Are you in a space to dialogue?
  • Focus on tasks or events that are in your control.
  • Connect with friends, family, a community or a safe space to ground and support you.
  • Focus on the present and shift away from the future.
  • Monitor your social media use — check your reactions before and after taking in information and set time limits.
  • Opt out of unproductive conversations — pay attention to whether the discussion is going to benefit anyone or just increase stress levels.
  • Take care of basic needs such as eating, sleeping and drinking water. Incorporate activities that recharge and relax you.

Thank you for your engagement and investment in our national election process, and thank you for being part of our vibrant campus community,

Sincerely,

Philip P. DiStefano
Chancellor

Did ‘Deplorable’ Prof Unmask Extreme PC Culture at NYU?

NYU has been in tumult over far-right tweeting by a self-declared “deplorable” professor who revealed himself last week as Michael Rectenwald, assistant clinical professor of liberal studies. Yesterday he made another revelation in a Washington Post op-ed: his alt-right burst of opinions was a pose, a “thought experiment” intended to provoke an authoritarian reaction at NYU. He was placed on paid leave, but his saga took yet another turn when NYU said the leave was purely voluntary.

In his op-ed, Rectenwald wrote, “I’m not a conservative, or an alt-righter. I find Donald Trump repugnant. But over the last couple of weeks, I’ve become a campus pariah to some (and a hero, perhaps, to a few) in my nontenured NYU faculty job, thanks to the humorless, Social Justice Warrior-brand of campus culture run amok and a misunderstanding about a Twitter account. Enmeshed in a conspiracy — thinly disguised as sympathy — of my colleagues’ design, I’ve lost my academic freedom and I potentially stand to lose my appointment.”

Rectenwald excoriated “the predictable, censorious responses of so-called progressives, self-appointed thought police at NYU and elsewhere who have, in the name of maintaining a culture of civility on campus, policed their little corner of the Twittersphere.”

His op-ed listed a few PC excesses: the suggestion at some colleges that students report to authorities on inappropriate Halloween costumes, and the disaster last year at Yale where a house master was as abused and threatened over a mild Halloween-costume suggestion by his wife (an assistant housemaster) while four Yale deans looked on and said nothing.

Though his opinion of Trump is low, he wrote, “The whole episode makes me reluctantly agree with Trump’s assertion that political correctness “has transformed our institutions of higher education from ones that fostered spirited debate to a place of extreme censorship.”

The Daily Caller reported that NYU insisted his sudden departure on paid leave was purely voluntary. “It was not demanded by the University and is unconnected to his social media postings,” says chief spokesman John Beckham. “He requested the leave, and we look forward to having him back when he is ready. His leave has absolutely nothing to do with his Twitter account or his opinions on issues of the day.”

The editorial Board of Washington Square News, an independent NYU paper, said Rectenwald’s version of events “was quickly proven to be false when NYU released a copy of the email correspondence between Rectenwald and Liberal Studies Dean Fred Schwarzbach. The conversation revealed that his previous comments were inaccurate and that university officials had never forced him to take a leave of absence. … NYU officials have stated that they are ending his self-imposed leave and expect him to return to classes immediately.”

Yale Defends Its Star Chamber Hearings

The Obama administration, acting through the Office of Civil Rights, has made a terrible mess out of sexual misconduct hearings on our campuses, but it did one good thing without thinking much about it: it targeted one university—Yale—for regular reports on how it dealt in sexual assault hearings.

The reports, released by Deputy Provost Stephanie Spangler, are bare-boned and hardly meant to be informative, but they have included enough information to demonstrate the fundamental unfairness of Yale’s procedures and the witch hunt atmosphere that has permeated the campus. Perhaps for this reason, OCR has avoided instituting a reporting requirement like Yale’s on any other institution.

Recently, Yale’s dubious policies came under higher-than-usual scrutiny, thanks to a perceptive Wall Street Journal op-ed from Jennifer Braceras—who correctly noted that the accused enjoyed far more rights under the notorious Star Chamber than they do in Yale’s sexual assault disciplinary tribunals. Jack Montague, Braceras noted, discovered first-hand just how unfair Yale’s procedures could be.

He had no right to direct cross-examination, no right to have a lawyer fully participate in the process, and received a judgment from a “trained” panel that seemed predisposed to find guilt. He also was charged in seeming violation of Yale guidelines, which (as Spangler explained at the time) did not apply to cases like Montague’s, where the accuser declined to file a complaint.

Braceras’ op-ed generated a response, from Yale professor David Post, an aquatic ecologist who chairs the University-Wide Committee on Sexual Misconduct (UWC). Post deemed Braceras’ comments an “affront” to him, noted that many Yale cases end with no punishments, and gushed about “Yale’s multilayer process,” which “allows parties to submit and respond to evidence, engage legal counsel, submit questions for a hearing panel to ask the other party and file an appeal to the university’s highest levels. Each complaint is investigated by an outside fact-finder.”

According to Professor Post, “Yale’s process is honest, fair, transparent and respects privacy.”

First of all, here’s a statement on the Montague lawsuit, offered to the Hartford Courant, by a Yale public relations staffer: “Yale always respects the privacy and confidentiality of all students involved in a disciplinary process. Yale’s procedures for addressing allegations of sexual misconduct are thorough and fair. Allegations are investigated by an impartial fact finder, heard by five trained members of the Yale community, and decided by the accused student’s dean.

Throughout the process, all parties have advisers, which can be legal counsel, and they can appeal a decision.” Previous Yale statements also had stressed the fact that not all accused students are found guilty (citing the same statistics as Post), in following the outlines laid out by Judge Furman’s opinion in the Columbia case. Apparently, no one told Post that the Second Circuit had overruled Furman.
The remarkable similarities between the earlier Yale publicity statement and Post’s letter—which ostensibly contains his own words, and reflects his own thinking, not that of a Yale public relations officer—raises some questions about the professor’s “honest[y].”

As to the other qualities of Yale’s procedures: I’m sure that Montague—like Patrick Witt before him—was surprised to discover Yale’s commitment to respecting “privacy.” Indeed, after Montague left the team, Yale’s Women’s Center released a statement “speculat[ing]” that “it seems that a survivor felt that coming forward was a viable option and that they got the decisive outcome that they likely fought hard for.”

The claim of transparency also intrigues. This assertion was the major difference between Professor Post’s letter and the earlier statement from Yale’s p.r. office (which, wisely, made no mention of the concept). It’s not clear why Professor Post added the claim since Yale’s process is anything but transparent. It’s closed to the public. The university has refused to release the “training” all UWC members receive. And Yale makes no promise to share with the accused students all the evidence the purportedly independent “fact finder” uncovers.

As for the claim of Professor Post—and Yale’s spokesperson—that the university’s process is “fair”: even as last year’s protesters demanded a more “diverse” English fare, it seems that Orwell is alive and well on the New Haven campus.

Surprise! Conservative Opinion Not Welcome at Yale

Yale remains deeply unwelcoming to students with conservative political beliefs, according to a new but massively unsurprising Yale Daily News survey distributed in October and reported last week.

Of the 2,054 respondents who completed the survey —about 38 % of all Yale undergrads— nearly 75 percent said they believe Yale does not provide a welcoming environment for conservative students to share their opinions on political issues. Among the 12 percent of respondents who described themselves as either “conservative” or “very conservative,” nearly 95 percent said the Yale community does not welcome their opinions. About two-thirds of respondents who described themselves as “liberal” or “very liberal” said Yale is not welcoming to conservative students.

More than 98 percent of respondents said Yale is welcoming to students with liberal beliefs, a finding we suspected all along. And among students who described themselves as “liberal” or “very liberal,” 85 percent said they are “comfortable” or “very comfortable” sharing their political views in campus discussions. That leaves a puzzling 15 % thinking, for whatever reason, that voicing liberal ideas is a dicey thing to do at Yale.

A 2015 article in the Harvard Crimson’s weekly magazine reported many conservative students at Harvard College believe their political opinions are neither respected nor appreciated. And in a recent article in The College Fix, a conservative online news outlet, a student at Columbia said that he feared he would be “physically assaulted” if he displayed conservative images or slogans on his clothing.

In an interview with the News, Yale College Dean Jonathan Holloway said the results of the survey were lamentable but unsurprising. Holloway attributed conservative students’ discomfort at sharing their views partly to the pervasiveness of social media.

“So much of your generation’s world is managed through smartphones. There’s no margin anymore for saying something stupid,” Holloway said. “People have been saying “dumb things forever, but when I was your age word of mouth would take a while. Now it’s instantaneous, now context is stripped away.”

Holloway added that Yale is one of many liberal arts universities where conservative views are highly unpopular, noting that in election years the political environment can become especially heated.

Attempting to walk his statements back, Dean Holloway said, “In no way did I intend to imply that the views of any student or faculty were stupid or should be dismissed. I meant to lament the fact that meaningful conversations were too often reduced or misconstrued in the shortened messages of social media, leading to a lack of understanding. I apologize if my words were misconstrued and taken to mean anything otherwise.”


A friend, a Yale grad who read about the survey in the Yale Daily News, offered this comment: The best part of the article is the italicized correction at the end, where Dean Holloway tries to walk back his quote earlier in the piece explaining that the reason conservative Yalies are intimidated is that social media now punishes people for saying stupid things. He called after the article appeared to have them add a note saying he wasn’t trying to suggest that conservatives are stupider than liberals — but of course that’s the only way the quote makes any sense. It was a classic Kinseyan gaffe: he accidentally said what he really thought. (And then was stupid enough to draw attention to it with a correction — God, what a feckless and hapless bunch of administrators at Yale.)
yale

 

Halloween Is Now a Beat for the Bias Police

On campus, the holiday is at least as much fun as a 4-hour trip to the dentist. Students involved in fraternities and sororities at Tufts University, where the First Amendment is apparently not widely known, were told to not wear anything that could offend or annoy others during Halloween celebrations – or risk getting investigated by campus police and being hit with “serious disciplinary sanctions.”

The University of Florida considered the possibility of mental and emotional impairment by costume and offered to counsel students “troubled” by incidents involving Halloween costumes. For example, the University of Wisconsin-Platteville’s Bias Incident Team made sure that three women dressed as “Three Blind Mice” costumes that mocked the disabled last year did not do so again.

three-blind-mice

The University of Texas-Austin issued a grim 29-point guide to terrible mistakes in costuming, including unique or exotic themes. “A theme connected to our own communities are more likely to be respectful and fun for everyone (e.g. rather than a “jungle” theme, try a ‘Texas beach’ theme).

(More fun if the motif at a Texas party is just plain old Texas.)

Costumes Coded for Threat Levels

At the University of Massachusetts at Amherst, several signs around campus instructed students to avoid cultural appropriation when planning their Halloween costumes. The signs were posted in residence halls as part of an initiative led by the university’s diversity office, its Center for Women and Community, and its Center for Multicultural Advancement and Student Success.

One poster features a meter similar to the terrorism alert meter used by the federal government. Called the Simple Costume Racism Evaluation and Assessment Meter (or SCREAM), the poster displays five threat levels, all assigned a different color. Students worried about the possible threat level of their costumes were told to check with SCREAM in advance.

At Yale, where last Halloween’s great upheaval took place (Erica Christakis and her husband were shrieked at, threatened, cursed by a mob of students and in effect driven from the university because she had suggested that Yale men and women could make costume decisions with Administration guidance) the new head of Silliman, where the Christakis’s once were, held a Halloween party with a “spook team” and commemorated a fictional girl who supposedly had burned to death in the house.

Kishore Chundi ’20 said he appreciated the respect and sensitivity of the costumed actors. Organizers took precautions to ensure that attendees were comfortable. Santos stood at the entryway to the haunted house to warn attendees about the strobe lights inside and explain to students that they could leave at any point. “They made sure you could tap out at any time if it was too much to handle,” Chundi said.

College Faculties, Heavily Tilted Toward the Left, Shun Diverse Viewpoints

A paper recently published in Econ Journal Watch, “Faculty Voter Registration in Economics, History, Journalism, Law, and Psychology,” shows what almost everyone believes to be true – that college faculties in the social sciences are predominantly left of center. More than that, it shows that this is truer in some fields and geographic regions than others and, most importantly, that the leftist trend is becoming more pronounced over time.

Authors Mitchell Langbert, Anthony Quain, and Daniel Klein describe themselves as classical liberals who find both major parties to be “by and large, horrible,” so the study cannot be dismissed as merely partisan griping.

Related: The Age of Liberal Education Is Ending

They describe their findings modestly: “Other than indicating that Democratic-to-Republican ratios are even higher than we had thought (particularly in Economics and History), and that an awful lot of departments have zero Republicans, and that, yes, the ratios are higher at more prestigious universities and lower among older professors and among professors with higher-ranking titles, and that there are some regional effects, the paper does not offer new results of any great consequence.”

I think the authors are too modest, too restrained. Their findings are quite disturbing for anyone who holds a right-of-center or classical liberal philosophy since the paper points up the success that “progressives” are having with their project of seizing and holding the commanding heights in the war of ideas.

The authors surveyed voter registration data for professors in the five disciplines noted in the title at a wide array of schools. Out of 7,243 professors, 3,623 were registered as Democrats and just 314 as Republicans. Moreover, registrations for the Green and Working Families parties, both radically statist in outlook), equaled or exceeded Republican registrations in 72 of the 170 academic departments included in the study, and in many departments, there were no Republicans at all.

Related: Affirmative Action for Conservative Faculty?

Economics was the field with the lowest ratio of Democrats to Republicans (5: 1) and history the field with the highest (36:1).  In the middle were journalism (21:1), psychology (19:1), and law (9:1).

The fact that economics professors are mostly left-of-center will probably surprise many people since it’s widely believed that economics is the one social science discipline where free market/classical liberal scholars outnumber the left/interventionists. (See, for example, Peter Sacks’ MTC essay, “Don’t look for Marxists or Keynesians in Economics Departments.”) In an earlier study, Klein and Charlotta Stern showed that among members of the American Economics Association, only 8 percent held to what they regard as free-market principles.

If you thought that college students would be reeled back into reality when they take economics (which relatively few do anyway), the findings here are grim news.

Another worrisome conclusion from this paper is that the leftist domination of the faculty is intensifying. For example, in 1963, the D:R ratio in history was about 2.7:1. Today, it has mushroomed to36:1. Furthermore, the data show that the D:R ratio is lowest among emeritus professors and highest among assistant professors. Therefore, it appears, in the future college faculties will be even more politically and ideologically lopsided than today as the conservative older cohort retire.

The subject of the left’s domination of academe has been hotly debated, with different explanations offered. The explanation advanced by Langbert, Quain, and Klein is “groupthink,” which is the tendency for people to prefer to associate with individuals who hold similar beliefs and to avoid people who robustly disagree. That is especially true in the academic world, where ideas count for almost everything. Also, because academic hiring is controlled by departments, once an ideological slant sets in, groupthink drives them toward ever-greater uniformity.

Related: The Leftist Intellectuals Hovering over the Campus

What this means is that non-leftist students face — and let’s use the right word here — discrimination if they want to pursue a teaching career in these (and quite a few other) disciplines. Knowing that, most of them turn to more hospitable academic fields or look for employment outside of academe after graduation.

The big question is whether this matters. Leftists tend to make light of studies like this one, arguing that voter registration tells us nothing about the way professors conduct their courses. Overwhelmingly, they assert, these professors are devoted scholars who teach their courses without any bias. The authors, however, think otherwise, writing, “Works like Jonathan Haidt’s The Righteous Mind (2012) and Christian Smith’s The Sacred Project of American Sociology (2014) represent a trend toward recognizing that scholarly interpretations and judgments are inseparable from a scholar’s sense of duty to higher purpose.”

That “higher purpose” is to serve as “change agents” as many professors admit they see their role. Sometimes we come across confessions from “progressive” faculty members that they feel proud and justified in teaching with a leftist bias to overcome what they see as the lamentable “right-wing” upbringing of many of their students. A good example is the book by English Professor Donald Lazere entitled Why Higher Education Should Have a Leftist Bias. (I wrote about that book here.)

So the classes taught by these professors probably won’t be taught without some ideological slant, and frequently with a very strong one. Even if students aren’t entirely “flipped” from right to left, the constant promulgation of leftist ideas is certain to affect quite a few of them, making “middle-of-the-road” students more inclined to accept leftist notions and making those who were already leaning that way into Social Justice Warrior types, the students who have been responsible for so much turmoil on campuses in recent years.

What is to be done? The authors offer no suggestions.

One palliative that I think helps slightly is to fund programs that bring professors who advocate free market and classical liberal thinking to campuses that are notoriously leftist.  At the University of Colorado, for example, a program brings in a visiting professor each year who will advance conservative and libertarian ideas. Last year’s visiting professor, Brian Domitrovic, wrote about the experience for the Pope Center. Clearly, it was a year well spent.

While such efforts are beneficial at the margin, they are rather like trying to stop a forest fire with your garden hose.

The depressing truth is that except some institutions, the faculties at our colleges and universities will continue becoming more leftist in their composition and more virulently political in their teaching. It’s a condition with no known cure.

The “Jackie” Interview in the UVA Fake Rape

In the suit against Rolling Stone by University of Virginia dean Nicole Eramo over the magazine’s false rape story, the trial rolls along, with the two sides offering a narrow band of arguments: according to Rolling Stone and former reporter Sabrina Rubin Erdely, our nation’s campuses are teeming with sexual assaults, beset by a “rape culture,” and the UVA administration was indifferent to the student victims in its midst. (Even the Office for Civil Rights has said so, Rolling Stone lawyers have argued.)

It is difficult, therefore, to have sympathy for either party in Eramo’s lawsuit. (Phi Kappa Psi’s lawsuit against Erdely is another matter.) But the Eramo lawsuit has been of extraordinary value in bringing to light the flawed process through which the Rolling Stone article was produced. First came the discovery material, including Erdely’s reporting notes. And now, Charlottesville TV station CBS-19 obtained a 150-minute recording of what seems to have been the first detailed interview between Erdely and accuser “Jackie.”

I posted brief audio excerpts of the choicest elements of that conversation. It occurred in a restaurant; some portions of the audio are of very poor quality.

Erdely comes across as closed-minded, having already decided on her thesis. (Her research notes showed that she began her project by interviewing the anti-due process fanatic Wendy Murphy and the discredited researcher David Lisak.) Jackie, meanwhile, comes across as even more ideologically extreme than Erdely—which is saying something—and not terribly bright. She discusses failing multiple courses during the conversation; how she remained enrolled at UVA is a mystery.

Effects on Lawsuits

The material on this tape would seem to help Rolling Stone in the Eramo lawsuit and badly hurt it in the Phi Kappa Psi lawsuit. Regarding Eramo: One of the dean’s libel claims comes from the article’s claim that she told Jackie that UVA didn’t aggressively report sexual assaults because the publicity would be harmful, since “nobody wants to send their daughter to the rape school.”

Eramo refused Erdely’s request for an interview. But the tape has Jackie claiming that Eramo gave her that feedback (and another campus activist told Erdely the same thing). Furthermore, the tape has Jackie portraying Eramo as corrupt—after saying she didn’t want to get Eramo “in trouble,” Jackie asserted that the actual number of people who reported being sexually assaulted to Eramo was “much higher” than Eramo has reported to her superiors—thereby suggesting that Eramo had violated federal law. Rolling Stone thus can (and, obviously, will) say that it had a seemingly credible source for Eramo’s “rape school” alleged statement.

At the same time, the tape should provide substantial ammunition for Phi Kappa Psi. Erdely made clear that she sees what happened (or in this case, didn’t happen) to Jackie as a “gang rape initiation ritual,” and therefore wanted the article to identify the fraternity. She added that she “want[ed] to get these guys.” Members of the fraternity, Erdely mused later on, personified the “banality of evil,” in that the non-attacker members of the frat were afraid to ask questions, lest they learn too much. Phi Kappa Psi, Erdely concluded, was a fraternity “that might have a culture of gang rape.”

After these quotes—in her own voice—it’s going to be very hard for Erdely to argue that her article didn’t directly target Phi Kappa Psi.  And since the article’s claims were false, that would seem to be very bad for Rolling Stone.

The Agenda

As Ashe Schow has noted, the tape showed that Erdely harbors a strong bias against fraternities. Both Erdely and Jackie also entertained an imagined view in which—as Jackie put it—“nobody wants to talk about” sexual assault on college campuses. (Of course, there are few issues that get talked about more on contemporary elite campuses.) Erdely, meanwhile, envisioned an elite campus culture in which “social capital is more important than people’s safety,” and therefore students were unwilling to help victims in their midst. Again, this seems to be an almost wholly imagined view.

They’re describing, of course, the same campus whose student leadership and voices of student opinion would remain committed to Jackie’s tale even after it had collapsed.

Jackie

The conversation gave a sense of Jackie’s extremist beliefs, her rather unappealing personality—and if Erdely had been at all open-minded, her penchant for tall tales.

She pressed Erdely not to name Phi Kappa Psi in the article, worried that the fraternity members would “hate” her as a result. But she also argued that leaving the identity of the fraternity a mystery would serve a broader purpose of stimulating a witch hunt atmosphere on campus.

If UVA administrators didn’t know which fraternity was the site of the seemingly horrific attack, Jackie said that she “would hope to see” full-scale investigations of all fraternities. Innocent fraternities, Jackie breezily suggested, should welcome such an inquiry, since, after all, “the ones that have nothing to hide won’t be upset.”

Since most of Jackie’s ideas seem to have emanated from what Erdely terms her “club” of campus activists, it would be interesting to know how many of Jackie’s fellow accusers’ rights activists shared this extraordinary conception of fairness. Jackie also saw an extraordinarily dangerous campus she suggested that one in three UVA female students are sexual assault victims.

In justifying BuzzFeed’s decision not to identify Jackie, Tyler Kingkade bizarrely suggests that she might actually be a victim. He incorrectly asserts that “none of the publicly available court documents . . . use[s] Jackie’s full name.” Kingkade then obtains a quote from the Columbia Journalism School’s Steve Coll, co-author of the autopsy that avoided asking hard questions about why the magazine had so badly failed. “She never solicited Rolling Stone to be written about,” Coll said.

The 150-minute conversation, however, showed a figure eager, even joyous, at advancing her narrative. Jackie actively participated in the interview—she seemed to very, very much enjoy talking about herself and her feelings. She suggested multiple other witnesses. She talked about her myriad activities advancing her agenda on campus. And she told Erdely about her eagerness to create “bad publicity” against UVA.

Jackie also came across as someone with significant mental health issues. (Of course, since we now know she’s a liar, her description of her mental health might also be a lie.) She told Erdely that she’d seen at least four different mental health professionals—when she was 14 (to address her poor relationship with her father), as a senior in high school (parental issues, again), at the urging of her mother after the purported campus assault, and at the urging of a friend after the purported campus assault. The latter ended because the counselor didn’t adopt Jackie’s preferred approach to the session: “Can we talk about what I want to talk about?”

Finally, there were red flags in the interview that a less agenda-driven reporter might have picked up. For instance, Jackie (at considerable length) discussed her mother’s time in college, when she commuted 30 minutes each way as a day student at Brown. But the mother didn’t go to Brown (as Erdely later discovered).

Jackie said that after the alleged assault, she “didn’t get out of bed for weeks.” She later claimed that she left campus two weeks before the end of the semester in her first-year fall term. Yet Erdely never asked how she could have stayed enrolled if she never attended class, and wasn’t even on campus.

She twice informed Erdely that even one of her fellow activists told her “you are insane, you watch too many crime shows.” (Various elements of her story borrowed from Law and Order.)

And in a long discussion about whether the article would name Phi Kappa Psi, Jackie urged anonymity of the frat on grounds that she was scared that fraternity members would learn she had claimed she was raped in their house. Yet at other points in the conversation, she spoke about how lots of people on campus already knew about her story, and Erdely knew that she had spoken about the event at a “victims’ rights” rally.

Erdely, the non-skeptical reporter, did not probe the inconstancies. Indeed, she appears to have believed the inconsistencies made Jackie more credible.

Vandals Wreck a Pro-Life Display at Marquette

Pro-life students at Marquette, a Catholic, Jesuit college in Milwaukee, applied for and got permission to mount an anti-abortion display on campus for 48 hours. Three times during that period the display, consisting mostly of small pink and blue flags representing unborn females and males, was vandalized by campus feminists and their allies.

Pro-life messages were covered up and coat hangers were thrown around.  The administration, not known for standing up to Social Justice Warriors on campus, issued a vapid free -speech statement but took no action.

The Feminist campus group Empowerment put out a statement claiming that 1) their right to free speech justified defacing a display they disagree with, 2) they have “‘a deep respect and appreciation for our differing beliefs…” and the necessary healing among groups, but the pro-life display “directly undermines this healing by further stigmatizing abortion. Rather than fostering discussion and understanding, the display is damaging to the mental health of students and a disturbing act of public shaming.” (A new argument: Disagreement damages mental health, something the Founders forgot to put in the First Amendment.)

Rather than fostering discussion and understanding, the display is damaging to the mental health of students and a disturbing act of public shaming.” (A new argument: Disagreement damages mental health, something the Founders forgot to put in the First Amendment.)

Final point: a number of the vandals objected strongly to the pink and blue flags, apparently because such flags re-enforce the gender binary and therefore fail to support the transgender agenda.

Beware the Political Philosopher

When Reason Goes on Holiday is a new book with a distressingly familiar theme: intellectuals who preached reason and research while glorifying romantic ideals of revolution and the ideas of Lenin, Mao and Castro. The author, Neven Sesardic, deals with some big names in modern philosophy and shows that the wooly-headed politics associated with the Frankfurt School and continental philosophy also afflicted analytic philosophers.

The chapter on a renowned philosopher of science is entitled “Imre Lakatos: Eulogized In England: Unforgiven in Hungary.” In 1944 the charismatic Lakatos was the leader of an underground Communist cell in German-occupied Hungary.  What followed was a real-life version of what Arthur Koestler depicted in Darkness at Noon, where the protagonist, an old Bolshevik imprisoned by the regime he helped to create, accepts the logic of the all-knowing party and confesses to crimes he did not commit.

Lakatos feared that one of the members of the cell, a 19 -year-old Jewish girl Eva Izsak, might be a security risk.  Lakatos’ solution- -in the midst of Hitler’s final solution –-was to persuade Eva to commit suicide on behalf of the party. Virtually the entire cell, including Eva’s boyfriend, supported this. Eva took poison a few days later. Eva Revesz, Lakatos’s wife, quickly took possession of the dead girl’s heavy winter coat. Lakatos became a minister in Hungary’s  Communist government and was later imprisoned by his fellow Communists. When the Hungarian Revolution of 1956 broke out, he fled to England and academic greatness as a philosopher of science.

Hilary Putnam, described in his 2016 New York Times obituary as “a giant of modern philosophy,” was, from  1968 to 1972 a member of a Maoist cult known as the Progressive Labor Party, an offshoot of  Students for  Democratic Society prominent at Harvard. After Nixon’s détente with China, the PLP switched its loyalty to Albania and the glorious thoughts of its leader Enver Hoxa. Putnam was part of PLP in a period when the massive crimes of Chairman Mao had become known, but this had scant effect on Putnam. The brilliant academic philosopher, the man of reason, never seemed to grasp the enormity of Maoist moral deformities.

The problem of political and moral blindness was not confined to individual philosophers. In 1969, at the instigation of Hilary Putnam, the American Philosophical Association passed a resolution calling for immediate American withdrawal from Vietnam. A few philosophers, most notably Sidney Hook, argued that academics could not enter politics without undermining their authority. He was ignored, and the APA went on to adopt a resolution on abortion, IQ, nuclear weapons, the death penalty and the Iraq war. Evidence never seemed at issue. In the mid-1970s, when a million North Vietnamese went into the ocean in rickety boats to escape the Communist dictatorship and its re-education camps, the APA was silent.

At about the same time the APA talked about Tito’s Yugoslavia as a “free society.” Yugoslavia would soon begin to decompose, but not before the APA got caught up defending heterodox Marxists during the Praxis affair. In part Serbian nationalists in cosmopolitan garb, they were indeed oppressed by the once-praised Tito, and they became a rallying cry for the APA in defense of intellectual freedom. However, the Praxis philosophers were not troubled by Tito’s crackdown on Croatian academics.

Philosophers, it would seem, have no greater wisdom about politics than the everyday people they seek to instruct. In fact, detached as they are from daily realities, they may have far less to contribute to politics than they assume.  There is, it seems, an unbridgeable gap between philosophy and politics. Walter Lippmann summed it up when he wrote, “When Philosophers try to be politicians, they generally cease be philosophers.”

Princeton’s Women’s Center Is Biased and Deficient: Student Edit Board

Women’s centers on U.S. campuses are not often the subjects of controversy, but the Center at Princeton University is right now. The editorial board of the student newspaper, the Daily Princetonian wrote that the campus Women’s Center “is neither as inclusive nor as effective as it could be,” and is “so politically homogeneous” in its choice of political programming that women who hold different opinions on contentious issues, like abortion or police relations, may opt out of involvement with the Center altogether.”

Furthermore, the editorial said, “By over-emphasizing issues related to sexuality at the expense of other valuable programming, the Women’s Center could harmfully reduce Princeton women to their bodies.” In the third full week of classes at the University, the center focused heavily on sex, including “Developing a Self-Pleasuring Practice,” “Yoga for Better Sex,” and “Sex with the Lights on” (three sessions) with “crass” publicity posters, the board said, asking “Where is the male g-spot?” and “Anal Is His Favorite Thing – What’s Yours?”  In contrast, election-related events are rare. The Center held one this week, the first since December 15, 2014.

“The Women’s Center has a long history of hosting politically charged and overwhelmingly liberal events,” including such subjects as Black Lives Matter and “Battling Abortion Stigma.” “The Board said it “believes such events are important to host at Princeton, but …Politically diverse programming is essential to be inclusive of all female students and in the spirit of Princeton’s intellectually open environment.” It also urged the Center to reach out to and welcome male students, “a critical improvement, as men are invaluable partners in promoting gender equality.”

Some campus commentary on the controversy:

Feds Lurch Toward Due Process in a Campus Sex Case

In a first for the Obama-era Office for Civil Rights, the Education Department’s OCR found in favor of an accused student who filed a Title IX complaint against Wesley College. At the least, after five years, we’ve finally found a case whose facts were so outrageous that even an OCR notoriously indifferent to due process couldn’t justify them.

The letter has received extensive coverage; the facts of the case are tawdry. At a fraternity in the Delaware school, two students had sex. Unbeknownst to the female student, the intercourse was streamed and witnessed (allegedly) by two other members of the fraternity. Two other students found out (from another fraternity member who had heard about the affair), went to the college, and an “investigation” ensued. Within seven days, all three of the accused students—the male fraternity member who had sex, and the two who allegedly watched—had been expelled.

The college violated multiple procedures in its handling of the case. It didn’t give the accused student a clear sense of the charges against him. It didn’t tell the student that the hearing (which would recommend his expulsion) actually was a hearing—the student thought it was a preliminary conference, so he had no witnesses to testify on his behalf. The college also gave the student an interim punishment—suspension—before the hearing, even though at that point of the “investigation,” the student had spoken to no one at the college about his side of the story.

Although the OCR letter doesn’t take a position on the matter, it suggests that the case  should never have been brought against the accused student at all. Wesley’s policy suggests that charges shouldn’t be brought against a student in a case without an accuser. In this instance, the accuser told Wesley administrators that though she hadn’t consented to the streaming of the intercourse, she didn’t believe the accused student had any role in the planning or execution of the event. Yet Wesley went forward with charges anyway.

The entire investigation and adjudication took a week. OCR investigators found that in 10 or the 12 most recent Title IX cases at Wesley, the matter had been resolved “in a matter of days.”

Though Wesley was the subject of the Title IX complaint, the real target could have been OCR itself. As FIRE’s Will Creeley has noted, “Given the many similarities between the procedural failures found by OCR here and those alleged by accused students in lawsuit after lawsuit over the past few years, chances are that Wesley College’s failings are far from unique.”

For instance, in its discussion of the threshold for imposing interim punishments, the resolution letter noted that “while a school must assess whether the presence of an accused student threatens the safety of individuals within the school community, a sufficient level of inquiry–that is not here evident–must be undertaken in determining the appropriateness of interim suspensions.” Yet nothing in OCR guidance over the past five years would have suggested that colleges should consider the rights of accused students when imposing interim punishments. Will OCR now retreat from its enthusiastically championing of the interim punishment approach for all students accused of sexual assault?

Similarly, the resolution letter noted that “OCR has concerns, however, that the College’s expedited investigation of complaints of sexual harassment and sexual violence may have compromised the equity of such investigations.” Yet nothing in OCR guidance over the past five years would have suggested that colleges should refrain from lightning-fast “investigations” and adjudications—indeed, OCR has been relentless in its pressure that colleges should speed things up. (Recall the Peter Yu case at Vassar as a particularly egregious example of how lightning inquiries frustrate pursuit of the truth.) Will OCR now abandon its pressure tactics on speed of inquiries, and encourage colleges to choose timeframes that allow students accused of sexual assault—who are, effectively, required to prove their innocence—enough time to prepare their case?

Finally, the letter is a striking testament to OCR’s hypocrisy. The only case specifically investigated involved treatment so unfair to the accused student that even OCR said the judgment had to be invalidated. Yet the general recommendations in the letter veered in the direction of changing procedures to increase the chances of guilty findings (more “training,” for instance, to remove a lack of “clarity” regarding the preponderance of evidence standard) or ensuring that more cases are adjudicated (fewer employees designated as eligible for confidential reporting). OCR expressly criticized the existing policy (which Wesley ignored in the case that prompted the complaint) of not having cases go forward without an accuser.

So, in short, while this case will need to be re-tried to allow the accused student to defend himself, the actual outcome of this letter is that more accused students at Wesley likely will be subjected to unfair procedures down the road.