Tag Archives: Donald Trump

DeVos Attacked for Civil Liberties Donations

Betsy DeVos, who was nominated to be the Education Secretary, has been attacked because she and her husband made donations to a civil-liberties group, the Foundation for Individual Rights in Education. FIRE is “a nonpartisan organization that defends free speech, religious liberty, and due process on college campuses.”

The DeVos family donations drew criticism from Senator Bob Casey (D-Pa.). He objects to FIRE’s criticism of mandates that the Obama administration imposed on America’s colleges and schools, micromanaging how they handle allegations of sexual harassment and assault. FIRE argues that the administration’s mandates undermine due process on campus.

Many law professors from across the political spectrum have argued that these Obama administration mandates were illegal since they imposed new obligations on schools without going through the notice and comment process mandated by the Administrative Procedure Act.

A May 16, 2016, letter from 21 prominent law professors says that “free speech and due process on campus are now imperiled” by the Obama administration’s mandates, which ignore “judicial precedent and Administrative Procedure Act requirements.”  The 21 signatories to that letter include former federal appellate judge Michael McConnell, and Harvard law professors such as Elizabeth Bartholet (who taught sex discrimination law for many years), Richard Parker, and Charles Donahue.

Ignoring such legal commentary, Senator Casey, joined by Senator Patty Murray, have claimed that “the Obama administration’s guidance to colleges and universities in 2011 ‘clarified longstanding policy at the Office of Civil Rights, dating back to at least 1995 and explicitly supported by the George W. Bush administration.’”

That claim of continuity is quite wrong: the 2011 guidance imposed new rules on colleges, and abolished longstanding protections for accused faculty and students on many campuses, as I previously discussed at this link. The Obama administration’s 2014 sexual harassment guidance also imposed new rules that conflicted with Supreme Court precedent.

Perhaps the most glaring way the Obama administration departed from past agency practice was in forcing colleges to investigate even off-campus conduct.

alleged to constitute sexual harassment or assault. That overreaching resulted in absurdities such as a Title IX investigation of Professor Laura Kipnis for an essay published off campus in the Chronicle of Higher Education, “Sexual Paranoia Strikes Academe”, which students nevertheless claimed constituted “sexual harassment.” (The students then accused Kipnis of “retaliation” when she took issue with their charges on twitter.  After an outcry from free speech advocates, charges were dismissed months later.).

The Obama administration ignored past OCR rulings authored by career lawyers and civil servants at OCR in forcing colleges to investigate off-campus conduct. Such “unexplained departures from” past administrative precedent are arbitrary and capricious, as the D.C. Circuit Court of Appeals noted in Ramaprakash v. FAA (2003). The Obama administration also ignored two federal appeals court rulings, and language in a Supreme Court decision, by demanding that colleges do so.

As the Office for Civil Rights noted during the Bush Administration when I worked there, “A University does not have a duty under Title IX to address an incident of alleged harassment where the incident occurs off-campus and does not involve a program or activity of the recipient.

The Obama OCR’s contrary position is clearly at odds with court interpretations of Title IX as not applying off campus. For example, a federal appeals court rejected a lawsuit by a student over an off-campus rape in Roe v. St. Louis University, 746 F.3d 874, 884 (8th Cir. 2014), rejecting arguments that the rape had on-campus effects and created a sexually hostile environment.

This court decision rejecting liability for off-campus conduct paved no new ground: another federal appeals court ruling long predating the Obama administration’s guidance made the same point, rejecting a Title IX lawsuit against a university by a student assaulted by her instructor at his off-campus dental office. (See Lam v. Curators of University of Missouri (1997)). Under the Bush administration, unlike under Obama, the Office for Civil Rights properly followed such court rulings.

The Obama administration should not have committed these unexplained departures from past administrative precedent, much less ignored federal court rulings.

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).

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

Trump Win Prompts Student Protests and “Cry-Ins”

A cry-in marked Cornell University’s reaction to the election of Donald Trump as president.

Zoe Maisel, ’18 co-president of Planned Parenthood Generation Action at Cornell, said she and co-president Cassidy Clark ’17 began organizing the cry-in Tuesday night for “those of us who have been fighting.”

“We need to just take a break and just cry before … tomorrow we get back up and keep fighting because people feel really, really powerless,” she said. “This event was just to come together and support each other because we’re all in shock right now,” added Alanna Salwen ’19, design chair for PPGA at Cornell.

Maisel noted that the president-elect’s rhetoric, specifically targeting minorities, immigrants and women, has devastated many who feel that they will be especially vulnerable and unwelcome in Trump’s America.

At Yale, no organized crying, but the Yale Daily News reported that an election “primal scream,” organized by the Freshman Outdoor Orientation Leaders who also participate in the minute-long tradition before midterms and finals, took place outside Sterling Memorial Library at 12:30 a.m. The event was publicized and passed on to the general student body quickly.

The newspaper reported, “The scream offered students a chance to come together, process the shock of the moment and use that energy to move forward, said a sophomore at the event.” She added that the primal scream is in no way incitement or an invitation for reckless behavior, but rather a contained period of expression that hopefully enables its participants to express their frustration productively.


Trump wins election, UCLA students riot and protest presidential victory

A little over an hour later, La Casa Cultural Director Eileen Galvez sent an email to students inviting the community to La Casa at 10 a.m. on Wednesday for food and comfort.

‘While we celebrate American citizens’ right to vote, we also acknowledge that many people are in pain tonight,” Galvez wrote. “While we as a country move forward with new national leadership, for those of you that feel that pain, you are not alone.”

The Washington Post, reported, “As election results poured in showing Republican Donald Trump’s victory in the presidential race, students took to the streets at colleges across the country, especially on the West Coast, crying and shouting with rage.”

“At many schools, the chants were the same: “F‑‑‑ Donald Trump!” over and over, with students’ fists pumping the air or arms around one another, some holding cellphones aloft to light their way through dark campuses or to film and share on social media.

A third-year student from New York Law School told The College Fix in a Twitter conversation that in the student’s classes today, the syllabus is being tossed out the window today so everybody can grieve (sic) and vent their *feelings* … That’s around $770 of education just today that I’m not getting.

The student explained that “assigned cases and topics were left untouched” so students can talk about how the election made them feel. They engaged in histrionic and hyperbolic talk, actual crying, statements about feeling angry and ‘personally violated’ overseeing a little boy walking down the street holding his mom’s hand and knowing he’s going to grow up in Trump’s America.

Students of color said they “felt their world ripped out from under them” because they fear anyone they meet could be a Trump voter, now that half the country has shown it “holds dangerous hatred for them because of their race,” the student said. A professor described “the people at Trump rallies as armies of hateful people.

On Right Side of History

“I honestly I feel like people are panicked,” Diana Wang, Harvard ’20 told the Harvard Crimson as Trump pulled ahead on Tuesday night. “When Trump pulls forward, people freak. People just freak out.”

At 2 a.m. Wednesday, before the race was called, President of the Harvard Democrats Susan X. Wang ’17 said she and fellow students are “prepared to fight harder” following a Trump victory.

“We get ready to face four hard years but we get ready to face four years with the knowledge that we’re on the right side of history and that this isn’t a permanent setback, it’s just a temporary one,” Wang said.

Dale Brigham, a nutrition professor at the University of Missouri, said an exam scheduled for today would proceed, despite Donald Trump’s victory. Brigham’s alleged indifference to his students’ fears led them to savage him on social media, some in incredibly crude terms, and now Brigham has resigned, he confirmed to local station KOMU:

“I am just trying to do what I think is best for our students and the university as an institution,” Brigham said to KOMU 8 News. “If my leaders think that my leaving would help, I am all for it. I made a mistake, and I do not want to cause further harm.” KOMU later reported that Brigham’s resignation “was not accepted” by Mizzou.

A University of Michigan professor has postponed an exam after many students emailed him and complained about their “serious stress” over the election results.

John Snodgrass’ psychology class will still meet today, but the previously scheduled exam will now be moved to next week, he told students in an email obtained by The College Fix.

“However one feels about the results of this important election, it’s clear that it (and the period leading up to it) is/has been very distracting and upsetting to many students. Relatedly, I’ve been receiving many emails in recent hours from students requesting to delay the exam due to associated serious stress,” the lecturer wrote to students.

Hundreds of ‘Historians’ Make Vast Mistake

Every so often, a group of professionals signs a political letter claiming that their training uniquely qualifies them to announce that a particular candidate for president, traditionally a Republican, is totally unfit for office. In 1964 it was psychiatrists denouncing Barry Goldwater. “Fact,” a fly-by-night magazine, rounded up 2417 shrinks, half of whom were able to psychoanalyze Goldwater by long distance, finding him psychologically unfit without actually meeting him. (And incidentally, raising the question of why their clients should spend all that time and money for a lot of psychiatric sessions, when the psychiatrist can simply tell you what’s wrong by long distance.)

This year historians — some 763 of them with a few non-historians mixed in — were able to discern the unqualified nature of Donald Trump’s candidacy. They were able to do this because they are the keepers of the nation’s memory, or something like that. Their statement cannot be said to lack grandiosity.

Here’s our favorite line: “Donald Trump’s presidential campaign is a campaign of violence: violence against individuals and groups; against memory and accountability; against historical analysis and fact.” Whereas reporters who wanted to write this sort of thing would have to present some sort of evidence for all this alleged violence, historians, it seems, because of their training, can just say it’s true and leave it at that.

Stanley Fish got to shoot the fish in this particular barrel, writing in The New York Times that “by dressing up their obviously partisan views as ‘the lessons of history’ the signatories to the letter present themselves as the impersonal transmitters of a truth that just happens to flow through them. In fact, they are merely people with history degrees….” Still, we include the list of signers in case any readers or their children might carelessly take a course given by one of these historians under the mistaken impression that they know what they are talking about.

Read the historians’ letter here.