Tag Archives: athletics

“Diversity” in College Sports

A new report from the University of
Pennsylvania’s Graduate School of Education, Black
Male Student-Athletes and Racial Inequities in NCAA Division I College Sports
,
points with horror at the “racial inequities” in big-time college sports,
finding it “shocking” and “astonishing” that college leaders, the NCAA, and the
public at large have “accepted as normal the widespread inequities” endemic to
revenue-producing college sports. Perhaps, it concludes, there would be “more
outrage” if more people were aware of how much college athletic programs
“persistently disadvantage” black male athletes.

The picture of this disadvantage is dramatic.
Based on 2007 – 2010 data from the 76 institutional members of the six largest
athletic conferences, black men were 2.8% of full-time undergraduate students
but 57.1% of football teams and 64.3% of basketball teams. 50.2% of black male
athletes graduated within six years, compared to 66.9% of student-athletes
overall, 72.8% of undergraduate students, and 55.5% of black undergraduate men
overall.

“We hear over and over again that
colleges and universities just cannot find qualified, college-ready black men
to come to their institutions,” Shaun Harper, the report’s lead author,
told Inside Higher Ed, but “they can find them when they want the
black men to generate revenue for them.” In a “Message” that introduces
the report, Wharton professor Kenneth Shropshire
echoes the view that the graduation gap reveals glaring “racial inequities,”
that intercollegiate athletics “take advantage” of black athletes “without
serious care for their personal and academic success.”

One of the “racial inequities” is what thirty
years ago Harry Edwards called the “dumb
jock caricature
” — the “insidiously racist … myth of ‘innate Black
athletic superiority’ and the more blatantly racist stereotype of the ‘dumb
Negro.'” Because black men are so “overrepresented” in college sports, the new report
finds, this stereotype “also negatively affects blacks who are not
student-athletes.” It is common, Harper told Inside Higher Ed, “for a
black man to get congratulated for a football victory while walking across
campus on a Monday morning, despite the fact that he’s 5-foot-6 and skinny.”

Ostensibly preferential treatment of blacks
thus actually exploits them for the benefit of others. Academically
under-qualified, they cluster in the bottom of their classes and fail to
graduate in alarming numbers despite receiving remedial classes, targeted
advising, and tutoring not available to others. Their preferential treatment in
and after admission combined with academic performance far below that of their
peers brands them with a stereotype of racial inferiority so pervasive it also
tarnishes other blacks who needed and received no preferential treatment.

If 
this indictment sounds familiar it’s because we’ve heard it before.
Shaun Harper and his co-authors, in short, eerily and no doubt unwittingly
channel Richard Sander and Stuart Taylor Jr.’s Mismatch.
“Dumb Jock,” meet “Affirmative Action Admit.”
 

Far from criticizing race-based special
treatment, however, Harper insisted to Inside Higher Ed that his study
“in no way seeks to suggest that there are too many black athletes.” To
the contrary, he wants admissions offices to recruit non-athlete black men as
vigorously as coaches recruit athletes, and he wants to extend the preferential
support services black athletes receive “in equal measure to black
non-athletes.” There is no glimmer of recognition in this report, or in the
fawning Inside Higher Ed and Chronicle
of Higher Education
articles that highlight its complaints of “racial
inequities,” that there is anything wrong or even problematical in colleges
bestowing special treatment on blacks because of the benefits they bring to
others, whether entertaining and “generating revenue” or providing “diversity.”

Title IX: Not About Discrimination

Imagine
a hypothetical gourmet grocery store chain — let’s call it Wholly Wholesome
Foods — that serves haute cuisine specialties at sushi/deli/lunch counters only
in its stores located in upscale neighborhoods. Now imagine the long zealous
arm of federal, state, and local enforcers accusing WhoWhoFoo of discriminating
against inner city residents and forcing it to open its lunch counters in all
of its stores, even those located in areas where extensive and intensive
studies have shown there is no unsatisfied desire to pony up for counter
service for WhoWhoFoo’s fancy foods.

Anyone
who thinks my hypothetical is too far-fetched need look no farther than America’s
college campuses to confirm that it isn’t a hypothetical at all. It’s been
happening in real life (or the college campus version of real life) for years
in ongoing disputes over implementing Title IX’s
requirement
that “athletic programs are operated in a manner that is
free from discrimination on the basis of sex.” 

The
central, unresolved conundrum of Title IX, as with so many controversial civil
rights issues, is lack of consensus over the definition and meaning of the “discrimination”
from which these programs must be free. Do colleges discriminate against women
by not offering sports programs in which few women are interested? Does “equal
opportunity” require eliminating programs in which men are interested in order
to have an equal number of programs available to men and women?

A few days ago Inside Higher Ed
published yet another report
of Title IX supporters reacting in outrage to yet another new study
arguing that “it may be a mistake to base Title IX implementation on the
assumption that males and females have, or soon will have, generally equal
sports interest.” Title IX activists reply, in effect, so what? Thus Erin
Buzuvis, a law professor at Western New England University who runs the Title IX Blog,
wonders,


why
are we surprised, in a world where there’s still sex discrimination, that women’s
participation in sport is lower than men’s? Women have inferior opportunities
and they have to do so against the cultural grain…. It doesn’t say anything at
all about what interest levels would be there absent discrimination and absent
these strong cultural forces.

 

In
any event, claims Nancy Hogshead-Makar, a law professor at Florida Coastal
School of Law, colleges can remain in compliance “by demonstrating that the
interests and abilities have been fully accommodated by the present program and
there is no unmet demand (via student surveys and such).”

Hogshead-Makar’s
claim is at best disingenuous, since Title IX proponents always ferociously
attack any attempt to measure women’s interest in college sports offerings as,
in the words of a senior executive at the NCAA quoted
by the Chronicle of Higher Education in 2007, “contrived to show that females
are not interested in participation.” Similarly, in a 2010 Inside Higher Ed article,
Marcia
Greenberger
, founder and co-president of the National Women’s Law
Center, denounced interest surveys as “simply an underhanded way to weaken
Title IX and make it easy for schools that aren’t interested in providing equal
opportunity for women to skirt the law.”

That
Title IX activists aren’t actually opposing discrimination was nicely revealed
by Myles Brand, the late president of the NCAA. No survey, he said in the same
Inside Higher Ed article, could adequately measure women’s interest, “nor does
it encourage young women to participate.” If that’s what Title IX is about,
then the purpose of Title II‘s
requirement of equal, non-discriminatory access to public accommodations must
have been to encourage more blacks to sleep in hotels and buy ham sandwiches at
lunch counters.

Title
IX, in short, has nothing to do with ending discrimination. Like so much of
what passes for civil rights these days, it is all about promoting “equity,”
i.e., proportional representation in college sports, whether or not the
interests of men and women students is proportional.

Yale’s New Low and the Sad Saga of Wendy Murphy

Few figures involved in the Duke lacrosse case behaved more disgracefully than Wendy Murphy, an adjunct professor at the New England School of Law. A  frequent TV commentator on the case, she  earned a reputation for defending Mike Nifong’s prosecution through myriad errors of fact, misstatements of the law, and deeply offensive statements such as her betting that “one or more of the players was, you know, molested or something as a child.” To Murphy, there are no false accusers of rape–so as soon as an accusation is made, a “victim” exists. The presumption of innocence, she has maintained, is no more than a presumption that the “victim” isn’t telling the truth.

That bizarre conception of due process is right at home at Yale. The university’s troubling new policies toward sexual assault allegations reached public attention through the New York Times‘s attempt to smear former Yale quarterback Patrick Witt, who was caught up in the university’s Kafka-like “informal complaint” system. (In this procedure, designed to give the accuser maximum control of how the process plays out, the accused student doesn’t even have the right to present evidence of his actual innocence, much less cross-examine the accuser or have legal representation.)

The Witt affair turned out to be the tip of the iceberg regarding due process–an internal report revealed that the “informal complaint” policy allowed Yale to set up a monitoring program for at least one faculty member without even telling him he’s under investigation. The allegation of sexual harassment alone was sufficient for the finding of guilt.

Now these sorts of arrangements will be the norm. Yale has entered into a consent decree with the Office of Civil Rights, ensuring the “use of the preponderance of evidence standard in determining whether sexual misconduct occurred”; promising an informal complaint procedure in the future in which no accuser has to face cross-examination from the person she accused; and creating a double jeopardy system in which the rare accuser who doesn’t get her way at the lower level can appeal a not-guilty finding.  So it’s almost fitting to see the commentator renowned for denigrating due process and the university that celebrated its own denigration of due process paired up in a race to the bottom.

The triggering event was a Title IX lawsuit–generated, Murphy claimed, by the Yale-OCR settlement–filed by her and another attorney, John Williams, on behalf Susan Burhans, who formerly served as security education coordinator for the Yale Police Department. The filing’s basic thesis: over the course of a decade, Burhans recommended a variety of policies which, if adopted, would have ensured that the OCR had no grounds for acting against Yale. But instead of Yale accepting her wise counsel, Burhans was fired.

 

A Connecticut Superior Court already appears to have dismissed Burhans’s case, for reasons that aren’t hard to discern, given some of the claims the lawsuit offers. Murphy and her co-counsel maintain that Burhans discovered that Yale accusers were “revictimized during sexual assault grievance procedures,” and demanded that her supervisors institute new procedures. (The complaint doesn’t reveal what these new procedures were.)

 

Burhans “experienced an increasing number of colleagues avoiding her,” which Murphy and her co-counsel suggest constitutes evidence that Yale violated Title IX. And the complaint wants to hold Yale liable for posting a $129,000 job in the security department requiring “qualifications Burhans did not possess.” Finally, the complaint reveals that Burhans applied for around 50 other jobs at Yale and didn’t get any. Again, it’s not clear how this is evidence of a Title IX violation.

 

Continue reading Yale’s New Low and the Sad Saga of Wendy Murphy

Critics of Freeh Report Fire Blanks

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Over the past several weeks, high-profile criticisms of the Freeh Report, which examined the Penn State administration’s failed response to a report of inappropriate sexual behavior by former defensive coordinator Jerry Sandusky, generated more heat than light. Nearly identical missives from a handful of renegade PSU trustees, the family of ex-coach Joe Paterno, and a handful of former Penn State football players all slammed the Freeh Report as biased and filled with factual errors–but were unable to identify even one specific way in which the report was biased, or point out even one factual error that made the critics’ case.

In the last few days, however, two new attacks–one explicit, one implied–on the report have emerged. An authorized biography of Paterno by sportswriter Joe Posnaski bent over backwards to present the late coach in a favorable light and imply that the Freeh Report’s claim that Paterno knowingly participated in a cover-up couldn’t be true. And Penn State’s disgraced ex-president, Graham Spanier, kicked off a public relations campaign with two interviews and a press conference by his attorney. Ironically, through their weaknesses, these ostensibly more substantial critiques of the Freeh Report wound up further confirming the report’s conclusions.

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The Freeh Report and the Failure of Trustees

sandusky-paterno1.jpg

The past few months have been troubling for those who
believe that Trustees must exercise more aggressive oversight roles on today’s
college and university campuses. At the University of Virginia, the board of regents (temporarily,
it turns out) sacked President Teresa Sullivan, yet struggled to articulate a
reason for doing so. Then, when they did so–seeming to demand more on-line
classes, seeming to criticize the German and Classics Departments–the board’s
vision conflicted with defenders of high standards. At University of Southern
Maine, meanwhile, the board stood aside amidst a
slow-motion coup against President Selma Botman–an effort that aimed, as one of
the plotters privately admitted, to show that “the faculty really are the
center of the universe.”

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Why Caltech Is in a Class by Itself

Caltech005.jpgOlder readers know how the leading American universities, which had risen to world-class status by the 1930s and 1940s, were upended by the traumatic campus events of the late 1960s and their aftermath. Riots and boycotts by student radicals, the decline in core curriculum requirements, the loss of nerve by university presidents and administrators, galloping grade inflation, together with the influence on research and learning of such radical campus ideological fads as Marxism, deconstructionism, and radical feminism all contributed to the declining quality of America’s best institutions from what they had been in the middle years of the 20th century.
Added to these 60s-era trends (some of which have mercifully waned) came two further developments which are still very much with us today and which moved the elite universities further away from the pursuit of excellence and merit which was their greatest achievement after the Second World War: the competitive sports craze and the affirmative action crusade. To these two anti-meritocratic developments, we might add a third: the policy of granting huge admissions boosts to the sons and daughters of alumni — a practice found almost nowhere else in the world and outside America would be likened to bribery or shady political payoffs.
Minding the Campus readers probably need little instruction on the corrupting effects of the racial balancing game played by almost all our elite universities. The typical African- American and Latino student who gets admitted to the most elite colleges and universities in the U.S. (median admit) has a substantially lower achievement record in terms of high school grades and SAT scores, not only than his white and Asian classmates, but even those white and Asian students at the middle-level of his institution’s pool of rejected applicants. The academic achievement gap between the admitted white and Asian students and those designated as “underrepresented minorities” is often huge, in statistical terms often exceeding a full standard deviation (equivalent to a 600 vs. a 700 on each of the sections of the SAT exam).

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Was Nan Keohane Worse Than Brodhead?

In October 2006, 60 Minutes offered a searing examination of the Duke lacrosse case. Reported by the late Ed Bradley, the broadcast exposed then-Durham D.A. Mike Nifong for what he was: an unethical prosecutor advancing a non-existent case to secure the votes of African-Americans he needed to win an upcoming Democratic primary. The broadcast also represented a public relations low point for the Duke administration. Speaking to Bradley, Duke president Richard Brodhead declined to condemn Nifong’s behavior. Nor did he question the dubious and in some cases unprofessional conduct by his own university’s “activist” faculty members.
Brodhead, instead, targeted the victims of the prosecutor’s and his faculty’s misconduct: his own students. With a pronounced smirk, he defended Duke’s actions by accusing the lacrosse players of having engaged in “highly unacceptable behavior.”
More than two years after Brodhead’s ill-fated introduction to the national media, Duke has made a reported eight-figure settlement with the three falsely accused lacrosse players. The university also settled lawsuits with former lacrosse coach Mike Pressler and the family of a lacrosse player who suffered grade retaliation from an anti-lacrosse Duke professor. Duke still faces a civil rights lawsuit filed by the unindicted lacrosse players, and the university recently learned that its insurance carrier is refusing to cover any defense or settlement costs arising from the lacrosse case.

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Duke Lacrosse And The Professions of Diversity

[Robert “K.C.” Johnson is the indefatigable chronicler of the Duke non-rape case, turning out a thousand words of brilliant reportage and analysis a day for more than a year on his Durham-in-Wonderland site. On the Volokh Conspiracy, Jim Lindgren writes” “If bloggers were eligible for Pulitizer Prize… I would nominate Brooklyn Professor K.C. Johnson… No self-respecting journalist would think of writing anything long and evaluative on the Duke case without first checking “the blog of record,” Durham-in-Wonderland.”]

On April 6, 2006, 88 members of Duke’s arts and sciences faculty endorsed a full-page ad published in the campus newspaper, the Chronicle. The professors suggested that men’s lacrosse players had triggered a “social disaster” by holding a spring-break party. The faculty members unequivocally asserted that something “happened to this young woman,” accuser Crystal Mangum. And, in the aftermath of anti-lacrosse rallies featuring banners reading “Castrate” and “Time to Confess,” the Group of 88 said “thank you” to the protesters “for not waiting and for making yourselves heard.”

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