Tag Archives: Yale

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

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

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

When Universities Go Out of Control

Edgar Rice Burroughs foresaw the situation at Evergreen State and other campuses. He described it in Tarzan Untamed, a 1919 novel in which the hero finds himself in the lost city of Xuja.

Xuja, hidden in a secret valley, cut off from the rest of the world, resembles the typical American campus today in that the Xujans are also given to occasional eruptions of insanity. A citizen might be walking down a street, conducting a rational conversation when he will be suddenly enraged (triggered, you might say). His eyes will go dull, enameled by some obscure idea, and he will assault a fellow Xujan, and beat him savagely.

The entire country feels like Xuja now—a circus of the Id. It’s not just the universities. Donald Trump is the President of Xuja. A hitherto respectable citizen of lesser rank (Congressman-elect Greg Gianforte, let’s say) will erupt in a mad fit and throw a reporter to the floor.

If Edgar Rice Burroughs was a racist, it is not evident in the Xuja story: His villains in the tale—aside from the crazies in the lost city, who are sort of white, or something—were Kaiser Wilhelm’s Germans, who appear earlier in the story; they had been marauding in East Africa in the years just before Burroughs wrote the novel.

Too many American colleges — sometimes I think all of them — have become satellite campuses of the University of Xuja. They have aspects of the insane asylum (in which the patients are of course not responsible for their actions). Giving the matter a different emphasis, you might call them institutions of higher daycare.

Evergreen State is an especially vivid case because of the widely shared video in which students confront Professor Weinstein outside his classroom. Professor Weinstein is a professor of evolutionary biology; here we see him in dialogue with the adolescent reptilian brain.  Amazing.  The students are perfectly moronic in their virtue. Send the video over to the anthropology department. Jean Cocteau once wrote: “Stupidity is always amazing, no matter how often one encounters it.”

The Red Guards in China’s Cultural Revolution behaved in this fashion—banging through the institutions, humiliating their elders and now and then destroying a professor’s life’s work.  Pol Pot’s youthful idealists did the same before they got down to the hard work of Cambodian genocide.  This is human nature in its state of raw and most profound stupidity— murderous and yet astonishingly sentimental about itself. What could equal the chivalrous indignation of a Mississippi lynch mob assembled on a Saturday night in 1910 to vindicate the virtue of Southern Womanhood?

What’s at work in the campus eruptions is not a virtue or social justice; it has nothing whatever to do with learning or knowledge or the life of the mind.  It’s the other way around. These performances — a travesty of education — do not expand the mind, they devour it.

College authorities — a term of irony, a perverse oxymoron — are desperate for the approval of the children. That’s what is essentially wrong. The college sets up bouncy castles in the quad. They go over language and Halloween costumes with a fine-tooth comb, seeking not truth or knowledge or insight, but, rather, evidence of micro-aggressions. Brains shut down and become Play-Doh.

Yet, at the same time: they are given over to a permanent state of agitation – to hysteria. Learning to tend the fires and ceremonies of their grievances, they acquire plausible historical and ideological excuses for not studying — and indeed for not thinking. Ideology does the thinking. Some parents pay something in the high five figures for four years to have their sons’ and daughters’ minds systematically disabled.  Pre-frontal lobotomy would be cheaper.

The Evergreen president’s message to his students — after they had assaulted one of his professors and demanded the destruction of that honest man’s career and livelihood, on grounds of an imagined ideological slight — was a masterpiece of the sniveling and craven. Although Evergreen President George Bridges announced that progressive professor Bret Weinstein wouldn’t be suspended, Bridges said that he would comply with the long list of demands brought by the students, whom he called “courageous.”

University presidents in the twenty-first century have perfected this form of self-abasement. It is one of their tools of survival.

The sane response at Evergreen, Middlebury, Yale and elsewhere would be to expel the students involved:  Not to warn them, not to counsel them, not to suspend them, but to expel them. In no other way will the virus be brought under control. At Yale,  angry students who abused and threatened the husband and wife professors drew no punishment, but the innocent professors were driven from the campus as the students demanded, and the president of the university took no action.

A good education, ardently pursued, would go a long way to curing crises of identity and to composing differences.  But those presiding over the ideologies have no wish to cure; the point is to use the crises and to inflame them.

In loco parentis, indeed.  The elders (so many of them veterans of the Long March of the nineteen sixties, now holding the presidencies and chancellorships and tenured professorships) busy themselves at making the young as fatuous — as intellectually lifeless — as themselves, bundled up in the neurotic vocabularies of Caring.  It is an ignoble business.

Self-confidently virtuous students and college presidents might take a few hours to study Robert Jay Lifton’s extraordinary 1986 book, The Nazi Doctors: Medical Killing and the Psychology of Genocide, which has just been reissued in paperback.

A quote: “As Bavarian professors were told by their new minister of culture: ‘From now on, it will not be your job to determine whether something is true, but whether it is in the spirit of National Socialist Revolution.’”

Of course, zealous American students and educators claim that they are, quite precisely, fighting Nazis. If so, they should be more careful not to imitate them. They should look in the mirror, and then look a second time, and a third, and try to see how, with an entirely different eye from theirs, history will see them.

What is at stake is not students’ racial, ethnic, or gender identity. Such issues, believe it or not, are transient.  The twenty-first century is moving on at the speed of light and has far more serious business in mind.

As for the universities, their very reason for being is at stake. Right now, it seems to me that they are in the active process of trying to destroy themselves.

Increased Sensitivity Needed–Yale Dean Yelps at Whites

It is awfully tempting to laugh at the case of Yale dean June Chu, for writing Yelp reviews of restaurants and food stores that referred to customers as “low class folks” and included statements like, “If you are white trash, this is the perfect night out for you!” Watching the sensitivity monitors go after one of their own is a guilty pleasure.

But the exaggerated response to Chu’s nasty remarks on Yelp about white people should sadden liberals and conservatives alike. The message sent out to students and faculty by Stephen Davis, the head of Pierson College, announcing Chu’s removal, is a jumble of sensitivity bureaucratese that embodies everything conservatives, libertarians, classical liberals, and any self-respecting American adult hates about tolerance ideology.

The sentences do what they are supposed to do, that is, to numb the independent will of a free citizen.  Examples:

  • “make sure that your academic needs are addressed”
  • “partner with me in envisioning a way forward”
  • “deeply harmful to our community fabric”
  • “a path toward healing and reconciliation”
  • “what holds us together is our collective effort to ensure that every single person in our midst is valued beyond measure”
  • “to honor and embrace those who are different from us”

The solemnity is hard to stomach.  The elevation of stupid remarks on a Web site into a grave hate crime shows the impulse of a totalitarian.  Do not take the words of sorrow and empathy at face value.  They carry a not-so-subliminal message to everyone at Yale: watch your mouth, even on private time.  You may have a sterling record of diversity worship on the job, but if you let slip a frustration that assumes the form of a group denunciation, you’re done.

Maybe this threat to private conduct is just a function of the Digital Age, which encourages individuals to share every thought and experience and which watches over them unless they block their “Privacy” settings.  Add to the technology the progressivist impulse to re-educate people who don’t follow the party lines on race, sex, gender, nation, and religion, and you get the language of Davis’s email.

At what point are a critical mass of people going to rise up and say, “That’s none of your business!”

Pro-Trump Message Investigated as Hate Crime on This Campus

Politically-correct college administrators in Madison, Wisconsin asked the police to investigate speech mocking campus Clinton supporters. The police reportedly did so, even though that could lead to a violation of the First Amendment.

This occurred at Edgewood College. Reason Magazine reports that an investigation at Edgewood has begun over a “Suck it up, pussies” Post-it note directed at people upset by the election of Donald Trump as president.

Students had been invited to express their feelings about the election by writing them on Post-it notes and placing them on a designated table. The Post-it-note in question appeared in the window of the Office of Student Diversity and Inclusion instead, according to Campus Reform.

College Vice President Tony Chambers sent a letter to the campus condemning this “act of cowardly hatred” and “intimidation.” He wrote:

“A group of college staff representing campus security, student conduct, human resources, Title IX enforcement, and diversity and inclusion measures convened Tuesday morning to discuss how to address the hateful message. This group determined that the message constituted a Hate Crime….”

College officials informed the Madison police, and now the cops are investigating. They are investigating a post-it-note. With a non-threatening message and a smiley face on it. After inviting students to express their feelings via post-it-note. . .Edgewood is asking anyone with knowledge of this hate crime to come forward and help the police catch the perpetrator because it’s such a very serious matter.

Judging from a report in The Washington Times, the college’s rhetoric has been quite partisan, and shows a politically-correct obsession with “microaggressions”: [College Vice President] Chambers said the malevolent missive signals a “new era of intolerance” in America ushered in by Mr. Trump’s presidency.“ Covert micro-aggressions and overt macro-aggressions appear to have taken on a new fervor in higher education since our national election,” he warned.

Contrary to Edgewood College’s claims, a non-threatening post-it note is obviously not a “hate crime.” Even if it were disproportionately offensive to certain groups, that would not make it a hate crime or a proscribable category of speech. In R.A.V. v. St. Paul (1992), the Supreme Court struck down as a violation of the First Amendment a “bias-motivated crime” ordinance that banned insulting symbols if they aroused “anger, alarm or resentment in others on the basis of race, color, creed, religion or gender.

The Fourth Circuit Court of Appeals overturned a fraternity’s discipline for  a blackface, sexist “ugly woman” skit, ruling it was protected by the First Amendment, in Iota Xi Chapter of Sigma Chi Fraternity v. George Mason University, 993 F.2d 386 (4th Cir. 1993).

In Papish v. University of Missouri Curators (1973), the Supreme Court overturned a university’s punishment of a graduate student for using profane language and depicting policemen raping the Statue of Liberty. The Court declared that the “dissemination of ideas, no matter how offensive to good taste, on a state university campus may not be shut off in the name alone of ‘conventions of decency.’”

Edgewood is a private college. A private college isn’t directly bound by the First Amendment, but the police are, and the participation of the police thus may result in the First Amendment being violated. See Dossett v. First State Bank, 399 F.3d 940 (8th Cir. 2005) (court ruled that collusion between the government and a private employer to restrict speech violated First Amendment and rendered the private employer liable, too); Adickes v. S. H. Kress & Co., 398 U.S. 144 (1970).

Even if there were something about this speech (such as its location, time, place, or manner) that would allow a state college to ban it, it would still be foolish for the police to get involved. The fact that a school can restrict certain speech for proprietary reasons (such as to promote classroom learning or control a school’s own message) doesn’t mean a cop can arrest you for that speech.

The First Amendment provides stronger protection against the police because that involves the government acting as a sovereign, not a proprietor. Speech that an institution can ban in its proprietary capacity can’t necessarily be criminalized, or otherwise punished by the police. For example, a federal appeals court ruled in In re Kendall (2013) that it was unconstitutional for the Virgin Islands Supreme Court to jail a trial judge for his uppity speech against it, even if his speech was inappropriate for a judge.

As the Third Circuit Court of Appeals noted in that decision, “the government’s broader authority to” to control inappropriate judge or lawyer “speech about ongoing proceedings” through disciplinary rules does not “also permit the government to hold a judge in criminal contempt for” such speech.  As it observed, “Criminal contempt is no mere disciplinary tool. It derives, like all crimes, from a government’s power as sovereign. Because the government’s use of the criminal-contempt power is the sine qua non of a sovereign act, the government has no greater authority to hold someone in criminal contempt for their speech about ongoing proceedings than it would to criminally punish any speech.”

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.

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

 

Will Princeton Change Its Name?

Elle Woods, the sexy Harvard Law School student from la-la land in the 2001 comedy Legally Blonde, got a taste of what has become a daily diet of politically corrected speech.

In that movie, Enid, the super-smart lesbian in the study group from which Elle was excluded, was lobbying to change the word semester to “ovester.” The reason: semester sounded like semen, which was offensive to women.

Today, PC language is causing a ruckus at Princeton and many other private and public universities. Some administrators want to ban what they claim is sexist terminology from official campus communications. Fireman, freshmen, and policewoman become firefighter, first-year students and police officer.

“Manning” the front desk is unacceptable. Employees must “staff” the front desk. This language war dates back to the early 1960s when feminists began writing irate letters to the editor complaining about words such as mankind. Today, those letter-writers are college administrators, determined to change the language by decree.

princeton-man-out

At Yale and Harvard, the undergraduate residences are overseen by faculty members known as “masters of residential housing.” Oops. Not anymore. The term master offended people of color, even though it was derived from schoolmaster or headmaster — the latter a term derived from Oxford and Cambridge.

One of two things are apt to happen next: abolishing the Master’s degree or implementing the Mistress degree. Wait. That doesn’t sound right.

There is a glimmer of hope for Princeton, as The Daily Princetonian is fighting back. A recent editorial said, “Censoring the English language through the dissemination of lists of acceptable vocabulary is contrary to the values of the University and a sinister first step towards Orwellian restriction of language and speech.”

In previous outbursts over this issue, some worried about what to do with terms such as “manhole.” Somehow person hole doesn’t sound right. “Mankind” should yield to “humanity,” but the word man is embedded in humanity, just as “son” is right there in “person” and “male” is buried in “female.”

And how about the sexist “Prince” in Princeton?

What if you are on a ship, maybe a Princeton cruise, and someone falls overboard? It would be sexist, of course, for Princetonians to shout, “Man overboard!” A quick poll among people on deck could settle whether most observers thought the unlucky person was male or female.  Couldn’t they just yell, “Person overboard”? Not really.

A generic shout for help could be taken as a subtle rejection of the falling person’s private gender choice. Not everyone who appears to be a man considers herself a male, even during a fall overboard. “Possible male or female overboard” wouldn’t work either, since everyone knows there are somewhere between two and 32 genders and failing to acknowledge them all before attempting a rescue would surely be seen as non-inclusive and therefore micro-aggressive.

Since nomenclature is so difficult in this case, it might be just as well to let the individual drown and get the gender right later. The Princeton administration would know.

Yale Lets the Abusive Protesters Win

Among all the idiocies on campus in the last year, there is no more dispiriting statement than a line quoted in The Wall Street Journal on June 3rd.

In an op-ed entitled “How the Yale Halloween Vigilantes Finally Got Their Way,” an undergraduate named Zachary Young records the final episode of the whole affair in New Haven.  The Christakises have resigned as master and associate master of Silliman College.

Young notes that after Erika Christakis wrote her infamous Halloween email and Nicholas Christakis was denounced and cursed by an undergraduate on Yale grounds, things got even worse.  People scribbled attacks in chalk outside their home and “posted degrading images of them online.”  They left a sombrero and Rastafarian wig outside their office.  At this year’s graduation ceremony, several students receiving their diplomas refused to shake Nicholas’ hand.

None of the perpetrators seemed to recognize the value of the Christakises’ work.  An op-ed in The Wall Street Journal last January, Paul McHugh called Nicholas “one of America’s outstanding physician-scientists.”  And Erika’s book The Importance of Being Little, published earlier this year, has been one of the most discussed education books in 2016.  (My review of it appears here)

But the students’ conduct is not the dismaying part of the latest information.  It is, instead, what Nicholas wrote in the couple’s letter of resignation.  After suffering harassment and insult all year long, he still manages to be conciliatory:

“We have great respect for every member of our community, friend and critic alike.  We remain hopeful that students at Yale can express themselves and engage complex ideas within an intellectually plural community.”

That doesn’t sound like the expression of a flesh-and-blood man.  It’s the voice of a bureaucrat whose words have been approved by higher-ups.  Respect for the student who shrieked the f-word at him?  Respect for people vandalizing their property?  Gimme a break.  Can you really say with a straight face that Yale is an “intellectually plural community”?

The op-ed notes that during the year “the Christakises have met one-on-one with offended students.  They have invited their critics over for a group lunch to ‘continue the conversation.'”  Our only response is, “You call this a conversation?!”

Let’s be clear about why students are acting in this high-handed, commanding way.  It’s because they know their superiors will take it.  When the students confronted Nicholas Christakis on the quad, they knew who he was, and they knew that he wouldn’t do much of anything if they bullied and berated and humiliated him.  They wouldn’t do any such thing with an authority disinclined to tolerate their tantrums.

Mr. Young concludes with an optimistic note: “With luck, the sorry episode at Yale will cause students to spend less time vilifying professors and more time engaging with their ideas.”

Nope, it will do the opposite. The students got exactly what they wanted.  They were rewarded for their nastiness.  They’ll do it again.

Yale Tries to Dodge New Protests

Last fall, Peter Salovey, president of Yale, badly botched the student protests that broke out over the insignificant issue of proper campus Halloween costume. Now he has made a few decisions in hopes of avoiding another round of protests.

First, he announced that the “masters” of Yale’s twelve residential colleges will now be known as “heads of college,” a leaden term, but one Yalies can’t confuse with “masters” as in ‘slave masters.” Heaving this ancient academic title overboard was meant to distract potential protesters from decision number 2: keeping the name of notorious defender of slavery John C. Calhoun on one on of the colleges.

Related: What the President of Yale Should Have Said

Salovey says, “Removing Calhoun’s name obscures the legacy of slavery rather than addressing it.” Really? Probably not, or we would see a demand for names of more slavers to be enshrined at Yale so that slavery could be addressed more fully. Salovey explains that an “interactive history project” will examine Yale’s past, starting with Calhoun, “elucidating two aspects of our campus’s history about which we can be proud, but also those that we find troubling.”

Got that? In addition, two new residential houses will be named for Benjamin Franklin and Ann Pauline Murray, a black feminist and civil rights activist who graduated from Yale in 1965. Salovey mentions that Franklin was a slaveholder as well as an abolitionist, thus reminding Yalies that if they want to remove all slavers from campus recognition, it will now have to include a campaign against Franklin.

Why Not Use Endowments to Lower Tuition Costs?

Connecticut is going through the motions of trying to tax Yale’s $25.6 billion endowment to help relieve the state’s $266 million shortfall. That effort will fail, but public opinion is starting to question the appropriateness of government-conferred tax benefits for university endowment funds. At Harvard, alumni as politically diverse as conservative Ron Unz and progressive Ralph Nader are running for the Board of Overseers on a “make tuition free” platform.

What legitimate public purpose do endowments serve? The co-authors of this article spent several months exploring this question, looking at roughly 800 university endowment funds on which good data are available and concluding that, with some exceptions, endowments do little to make colleges cheaper and more accessible to students.  Suppose a wealthy donor gives a school funds to endow $100,000 annually in scholarships. Our research shows that probably on net $100,000 in endowment income leads to a student tuition fee decline of only about $13,000. As more endowed scholarship money flows in, universities typically either raise tuition fees more aggressively, or allocate less of their own resources to scholarships.

Related: Endowments Are Still Massive, So Spend

Princeton University had more than $2.8 million in endowment per student as of last June 30-enough to generate $112,000 in spending per student if four percent of the endowment were spent annually.  Princeton’s tuition fee for this year is $43,450. More typical schools have modest endowments generating at most $1,000 in per-student annual revenues.

Yet the more typical school likely has a sticker price at least $25,000 a year less than the highly endowed institutions. The average amount students actually pay after taking account of scholarships is only $3000 lower at the 20 highest endowment schools, compared with schools with more typical modest endowments. That is despite the fact that the high endowment schools have over $20,000 more endowment income per student.

If endowments only modestly make college more affordable, where does endowment income go? A goodly portion (we estimate about 37 percent) goes to support instruction, both by hiring lots more professors and by paying them a lot more. While there are about 12 professors for every 100 students at highly endowed schools, there are only half as many (6) at more typically endowed institutions. Similarly, while full professors at the poorer school average about $90,000 a year in salary, at the highly endowed schools, the figure is more than $155,000.

Related: Is an Endowment a Nest Egg or a Gambler’s Stake?

Some of this increased instructional money probably leads to smaller classes and more contact between students and professors, some of whom are both well-known scholars and fine teachers. Yet as any keen observer of higher education knows (one of us has been a professor for more than 50 years), the highly endowed school faculty mostly have very low teaching loads so they can write papers on often obscure academic specialties, and the more highly paid teachers not only live quite well (particularly when consulting and other income is considered), but often avoid undergraduate students like the plague. As Adam Smith said of professors 240 years ago after Oxford started paying them from endowments, they had “given up altogether the pretense of teaching.” Additionally, the statistical evidence also says about 25 percent of endowment income goes directly for research.

Not all schools behave the same way. Berea College, in relatively poor Appalachian Kentucky, uses its endowment to essentially make college free, foregoing high salaries and extremely low teaching loads to promote student access. A few other schools (College of the Ozarks in Missouri, and, historically, Cooper Union in New York City (now charging tuition) have done the same.

Do big endowments promote prestige and perceptions of high quality? Looking at the relationship between endowment size and rankings on the Forbes Best College list (which we help compile), we find some positive relationship between endowment size and rank, but it is not the dominant determinant.

Still, the five schools with the highest per student endowments (Princeton, Yale, Stanford, Pomona College and Harvard) are all very highly ranked.

Related: Another Bad Idea-Mandatory Endowment Spending

Universities argue endowment allocations are determined by the intent of thousands of donors, many of whom wish to promote things other than low tuition. Yet the Berea example demonstrates that colleges poorer than the Ivy League schools can use alumni support to make college free. Why hasn’t Harvard, Yale or Princeton ever mounted a capital campaign with a-goal of providing no-cost undergraduate education? A no-cost Harvard would set a powerful example and encourage other schools to forego the expensive university arms race in order to reduce financial burdens of attending college.

As tuition fees and student debt loads soar, and as doubts grow about the true return to students of a college education (total enrollments have actually fallen over the past four years), scrutiny of endowments is likely to grow. Pell Grant data reveals that highly endowed schools typically have a much smaller proportion of low-income students. Should they continue to be incentivized to strengthen their academic gated communities for the affluent by accumulating ever larger endowments, largely financed through special tax breaks to donors and capital gains tax exclusions? There are arguments for doing so, but our research suggests that if special tax privileges for endowments are curtailed by Washington policymakers, the colleges have only themselves to blame.

Yale’s Case against Montague Looks Shaky

Max Stern, the lawyer for the expelled Yale basketball captain Jack Montague, has spoken out, announcing that he will sue Yale on behalf of Montague in April, and clarifying some details in the case, including a very surprising one: that the aggrieved female did not file the sexual misconduct complaint. In his telling, Montague had sex with the woman four times and the woman says only the fourth time was non-consensual.

The Stern statement said, “On the fourth occasion, she joined him in bed, voluntarily removed all of her clothes, and they had sexual intercourse. Then they got up, left the room and went separate ways. Later that same night, she reached out to him to meet up, then returned to his room voluntarily, and spent the rest of the night in his bed with him”

The accuser waited around a year to speak to someone from Yale’s Title IX office, but decided not to file a complaint with Yale. But the Title IX officer filed a complaint. A disciplinary hearing occurred, amidst a campus frenzy following a survey suggesting that the New Haven campus was a hotbed of violent crime.

Related: Montague and Yale’s Poisoned Campus Culture

The indication that the Title IX officer—not the accuser—filed the charges should have triggered outrage on the Yale campus. The Title IX coordinator has authority under Yale’s procedures to file a complaint independently. But according to the regular Spangler Reports on campus sexual misconduct (my review of the most recent report is here), such a move is supposed to occur only in “extremely rare cases,” and only when “there is serious risk to the safety of individuals or the community.” Stephanie Spangler herself reaffirmed this point in February, telling the Yale Daily News, “Except in rare cases involving an acute threat to community safety, coordinators defer to complainants’ wishes.”

There is nothing in the facts as described by Stern that remotely fits these criteria. So why did the Title IX coordinator act? Did Montague’s status as a high-profile basketball player account for the decision? Was she, for instance, fearful of negative publicity from following Yale’s own guidelines? Or was she worried about the fallout from a recent AAU survey, which had generated negative publicity for the school?

Related: Yale’s Imaginary Crime Wave

Or perhaps it’s simpler than that: The Title IX office seems to have a custom of not following the restrictions laid out in the Spangler Report. Here’s a chart using data in the Spangler Reports, involving allegations of sexual assault of Yale undergraduates. (I have updated cases originally listed as “pending” when follow-up information was provided in a subsequent report.

Yale-Title IX

 

 

 

In the two starred 2014 cases, the accused student was found not guilty. Given Yale’s stated criteria—“extremely rare cases” involving “acute threat to community safety”—it should be all but inconceivable that any case filed by the Title IX officer ended with a not-guilty finding. That two did suggests that she had ceased following Yale’s own standards even before the Montague case.

(Despite these not-guilty findings, the accused student in both of those cases received what amounted to minor punishment—a no-contact order, which could have academic consequences by limiting course offerings. In two Title IX officer-filed cases, in fall 2011 and spring 2012, there were allegations of physical, but not sexual, violence involving couples that previously had a sexual relationship.)

The pattern here is obvious: the Title IX office has gradually become more and more aggressive in filing charges, culminating in the three cases in which charges were filed in the 2015 academic year, despite the supposed restrictions on the types of cases the office can file. So: has the Title IX coordinator decided that Yale’s own regulations don’t apply to her?

Media Reaction

Richard Bradley, probably too hopefully, suggested that this might be the case that prompts the fair-minded to recognize that cases such as this should be handled by the police. But for now, they’re still handled by secret university tribunals that deny due process to the accused.

Some in the media, however, appear to be hearing the message. Both the Daily News and the New York Post had powerful editorials condemning Yale’s handling of the case. Montague’s high school coach, Dennis King, invoked the witch-hunt metaphor, and added that he knew of no player “more dedicated to self-improvement, more single-minded in his love of the game, or more committed to his teammates.” And Montague himself attended the Yale NCAA games in which, but for Yale’s procedures, he would have played.

Related: Worst College President of 2015, Who Wins the Sheldon?

Perhaps because of this public pressure, Yale issued a statement defending its approach to campus sexual assault. Most of the press release was boilerplate, but one section was interesting—stressing that most students accused through Yale’s procedures don’t wind up being expelled. This passage telegraphs the university’s likely defense, borrowing from the standard pioneered by Judge Furman in the Columbia case—since the university doesn’t find all accused students guilty, it shouldn’t be vulnerable to any Title IX challenge, and the courts should wholly defer to its unfair procedures.

Writing in the Washington Post, Shanlon Wu, a former federal sex crimes prosecutor, placed these stats in context: “What would be far more telling would be the percentage of Yale’s campus sexual assault allegations that go forward to hearings. Sending nearly every college student accused of campus sexual assault to a hearing is an abdication of responsibility. Colleges and universities owe it to their students to review and investigate each allegation of sexual assault professionally and thoroughly — prior to sending it forward to a panel hearing. While every case deserves investigation, not every case deserves a hearing.” He also took note of the fact that the “training” Yale provides its disciplinary panelists remains secret.

The Hostage-Video Statement

In the aftermath of 30 for 30’s “Fantastic Lies” documentary profiling the Duke Lacrosse case, it’s hard not to focus on the differences in the campus atmosphere between then and now. During the lacrosse case, the students were the voices of reason—from the student government, to the student newspaper, to students who registered to vote against Mike Nifong. And perhaps the highest-profile student action came from the Duke women’s lacrosse team, in the 2006 national semifinals, who said nothing but wore armbands with the number 6, 13, and 45—the numbers of the three falsely accused men’s players.

Doubtless the Brodhead administration did not welcome this move—the Duke president, after all, had a month before suggested privately that a movie in which an accused murderer fooled his lawyer into believing his innocence was a good frame for the case. But Duke allowed the silent statement to proceed. And students in general were either supportive of or neutral toward the women’s lacrosse team members.

In 2016, the Yale men’s basketball team made a nearly identical, silent statement. They said nothing, but wore warm-up shirts with Montague’s number and nickname. Here, however, the campus backlash was furious. Unidentified students posted flyers accusing the team of defending “rapists.” Yale’s dean issued a statement that seemed to condemn the basketball team. Student reaction toward the team seemed overwhelmingly negative. And the team then issued a statement that came across as a written version of a hostage video, filled with buzzwords more common from Title IX officials than a typical college student, apologizing to the campus community.

There’s scant reason to believe that the Yale Daily News is up to the task that the Duke Chronicle performed so ably in the lacrosse case. Rather than examine whether the basketball players were inappropriately pressured to issue the hostage-video statement—and, if so, what such pressure would say about the intellectual environment at Yale—a long article in Monday’s Daily News broke the news that members of the team still spoke with Montague.

The piece also contained lengthy quotes from campus rape groups criticizing Stern. In their own words, reporters Daniela Brighenti and Maya Sweedler wrote, “Stern’s reasoning drew criticism from experts, victims’ advocates and sexual assault survivors, who argued that the language Stern used in the statement blames victims.”

But such standards—which essentially conflate the experiences of battered women in long-term relationships, who are often emotionally and financially dependent on the men who abuse them, with college students who engage in brief sexual relationships—render it impossible for any accused student to defend himself. If any behavior or evidence undermining the credibility of the accuser (who often, as appears to be the case here, is the only witness suggesting the accused student did anything wrong) can be dismissed as typical conduct of a “victim,” then all behavior confirms the accusation, and the accused must be found guilty.

Montague and Yale’s Poisoned Campus Culture

Jack Montague, captain of Yale’s basketball team, has been expelled from the university on some sort of sex charge and the story continues to get uglier. Since his family has basically declined to comment (for understandable reasons) and because Yale chooses (for incomprehensible reasons) to employ “a more expansive definition of sexual assault” than state or local authorities, there’s no way to know even what he allegedly did wrong.

That said: there’s no reason to trust that Yale’s deeply unfair process got the decision right.

Since 2011, I’ve often written about sexual assault cases at Yale—which, thanks (ironically) to an agreement with the U.S. Education Department’s Office for Civil Rights (OCR), has been required to release biannual reports about its cases. Though opaque, these reports give a sense of the current witch-hunt atmosphere on campus. The most recent report, for instance, brings news of an investigation into a report of sexual assault from a third party—who claimed that an unidentified person had sexually assaulted another unidentified person.

Yale’s Imaginary Crime Wave

Beyond the question of campus culture, Yale’s procedures deny an accused student a meaningful attempt to prove his innocence. Given the combination of the preponderance-of-evidence threshold (those judging guilt need only be 50.01 percent sure they are right) and the guilt-presuming “training” that most panels receive—which, to date, Yale has not made public— students accused of sexual assault effectively have to prove their innocence.

At Yale, the critical procedural obstacles for an accused student include a denial of direct cross-examination of the accuser; the lack of any meaningful right to legal representation in the disciplinary process; and severe restrictions on the amount of evidence he can possess, due both to the OCR-mandated haste with which sexual assault campus cases must proceed and to Yale’s inability (like all schools) to subpoena evidence. Even with these restrictions, Yale doesn’t promise to share all the evidence from its “investigation”—even all the exculpatory evidence—with the accused student or his lawyer.

Montague, a two-year captain of the team, vanished from the squad, without explanation, in early February. In an interview at the time, he cited personal reasons; then, as we now know, Yale expelled him.

His accuser never went to the police—a critical decision in interpreting the subsequent campus and media reaction.

In a campus environment in which enormous social, media, and (at least indirectly) administration pressure exists to oppose fair treatment of accused students, Montague’s teammates then did an extraordinary thing. In the first game after Yale reached its decision (again: at this stage, there’s no way of knowing whether the decision was factually correct, but it’s clear it was procedurally unfair), the teammates all wore cover shirts with Montague’s number and nickname on the back, and “Yale” spelled backward on the front..

In the midst of the lacrosse case, the members of the Duke women’s team took the field with wristbands containing the numbers of the three falsely accused men’s lacrosse players. They attracted some angry comments from the usual suspects (New York Times sports columnists) but in general enjoyed strong support from the student body.

Fast forward ten years. The basketball team’s comparable action triggered blind rage on campus. Unknown parties—presumably Yale students who were briefed on the allegations against Montague, which at this point were not public—blanketed the campus with posters demanding that the team “stop supporting a rapist.”

Yet the fiction of the college disciplinary process is that it doesn’t make determinations of criminal offenses. A judgment by Yale can’t deem anyone a “rapist” any more than it can deem someone an “armed robber” or a “drug dealer”—two other crimes that powerful advocates of the campus status quo, Sen. Claire McCaskill and Catherine Lhamon of OCR, have bizarrely claimed that colleges currently investigate.

But, as the Montague case reveals, that fiction is just that—a fiction—with both students and the public at large interpreting any university action as a determination that the accused party has committed a serious felony. This reality makes it all the more important that Yale have a fair process.

Reflections on the Duke Lacrosse Case

The posters triggered a frenzied reaction on campus. The Yale Women’s Center—an entity with an official Yale website and a Yale faculty advisor—issued a statement that all but identified Montague as expelled for sexual assault. After the New Haven Register reported on the statement, the item disappeared from the Women’s Center website, replaced by a new statement that acknowledged Montague’s (utterly ignored) protections under FERPA. An article by Sue Svrluga in the Washington Post perceptively captured the witch-hunt atmosphere on campus.

The combination of sensational, now-public, but wholly non-specific allegations and the basketball team’s first trip to the NCAA tournament since 1962 has attracted national media attention. The quality of the coverage, however, has left something to be desired.

Kyle Ringo Yahoo! Sports, for instance, informed readers that “it remains unclear . . . if there are ongoing investigations by the school or law enforcement.” Really? The New Haven Register’s Chip Malafronte wrote: “There is no record of an arrest or court hearing involving Montague on file with the Connecticut judicial branch.”

CBS News, meanwhile, featured a nearly two-minute story on its national news broadcast. The piece concluded with a paraphrase of an e-mail to students from Yale Dean Jonathan Holloway, who said he was “committed to providing a safe campus for all of you.” Ending the report in this fashion was a damning frame, leaving the viewer with the impression that Montague was a threat to the safety of campus. Yet, once again, we currently have no idea what Montague even was alleged to have done.

Holloway’s email was notable, and troubling, for another reason. To date, the dean has not seen fit to publicly condemn either the students who distributed the “rapist” posters or the Women’s Center figures who posted the statement ignoring FERPA obligations. But the email did criticize the basketball players, asserting that their wearing Montague’s number in warmups left many “upset and angry.” Holloway’s document offered no explanation of why he chose to criticize only one group of students on the issue.

Holloway, ironically, is also Edmund S. Morgan Professor of African American Studies, History, and American Studies. Here’s a Morgan quote on which both Yale students and administrators could do well to reflect: “When any group of people become sufficiently intent on attacking a particular evil, they are likely to discard as obsolete and ineffective any ground rules that society has developed for the peaceful or fair achievement of social objectives.”

The Team’s “Official” Statement

Anyone who has followed the issue of due process and campus sexual assault knew that the subject would prove too tempting for the New York Times to resist. After badly botching its last foray into events at Yale (the Patrick Witt case), The Times avoided sending error-prone Richard PérezPeña back to New Haven; the lead byline on its coverage of Montague was Joe Drape, the only Times beat reporter who covered the lacrosse case fairly.

Drape’s piece was the best the Times has produced on any sexual assault case since 2011. But, critically, it offered a bland description of Yale’s disciplinary process that didn’t mention any of its due process-unfriendly components.

Drape’s article broke news, by including a statement from the team. It read, as presented by the Times, that the team “supports a healthy, safe and respectful campus climate where all students can flourish.”

“Our recent actions to show our support for one of our former teammates were not intended to suggest otherwise, but we understand that to many students they did. We apologize for the hurt we have caused, and we look forward to learning and growing from these recent incidents. As student representatives of Yale, we hope to use our positions on and off the court in a way that can make everyone proud.”

While I’ve taught at Harvard and Williams, I never taught at Yale. So maybe Yale students actually write in the exact same tone and style as student life and Title IX bureaucrats. But, somehow, I doubt it. Obtaining the background of this strange, almost hostage-like, statement would seem like the kind of news a good campus newspaper could break. In 2012, the Yale Daily News was up to the task, and played a key role in exposing the Times’ errors in the Patrick Witt case. But the paper’s current group of editors and reporters has shown little inclination to speak truth to power on questions of campus due process, and I don’t anticipate any exploration of whether there was inappropriate pressure on these Yale students to issue this statement.

Looking Ahead

At this stage, Montague’s reputation has been ruined. (Take a look at his twitter mentions for a clue of the effects.) Even if he sues Yale, a possibility that his father raised in a statement, his good name has been severely damaged.

Although important, protecting the rights of the accused is not the primary reason for due process in campus sexual assault allegations. Rather, due process provides the best guarantee that the university reaches the correct results—since the decision, as we have seen in the Montague case, is a life-altering one.

Based on Yale’s unfair procedures, the university’s one-sided response, and what seems like a deeply poisoned campus culture, no one should have any confidence that the university got this decision right.

Yale’s Imaginary Crime Wave

Yale is the only university that regularly issues reports on its handling of sexual assault complaints, the result of a 2012 resolution agreement with the Office for Civil Rights (OCR). The university is also unusual in reporting so many sexual complaints, the result of its peculiar decision to broaden the campus definition of “sexual assault” beyond all recognition.

The newest of these reports, issued as always by Deputy Provost Stephanie Spangler, has now appeared. And, as always, Spangler notes that Yale has chosen to redefine “sexual assault,” attributing to the term “broad ranges of behavior” that neither the criminal law nor common cultural understanding would define as sexual assault. Yale has never offered a convincing explanation for why it pursued this course, but the strategy does inflate the numbers, thereby helping to feed the current moral panic on campus.

The Odd Sexual Accounting at Yale

Previous reports have revealed such items as:

The number of sexual assault allegations for the second half of 2015 was considerably higher than for the first half, but Spangler says this development should have come as no surprise, given the results from a 2015 survey of the Association of American Universities. (Both Stuart Taylor and I picked apart the dubious methodology of the AAU survey. For a shorthand version: the survey wildly oversampled female students who said they reported a sexual assault allegation to their college, thereby creating an unrepresentative sample of the overall student body.) But to Spangler, AAU is gospel. “We know,” she writes, “from the AAU Survey results that prevalence rates are high and many experiences go unreported.”

Related: A One-Sided Conference on Sexual Assault

According to the Spangler Report, the Yale campus was a hotbed of violent crime between July and December, with 20 undergraduates and four graduate students reporting that they had been sexually assaulted. For Yale’s female students, these totals alone would suggest an annual violent crime rate (1.4 percent) comparable to that of Oakland, which the FBI listed as the nation’s third most dangerous city in 2014.

Surely, a crime epidemic of these proportions would have triggered Yale President Peter Salovey to coordinate with state and local police to address the issue. Surely, at the very least, police patrols of this very high-crime area should be stepped up. Perhaps a police task force should be created. And Yale could review its admissions procedures to determine why the university is admitting so many violent criminals.

None of those steps has been taken, of course. Nor will they be. The fundamental tension of the campus rape moral panic is that universities simultaneously claim that they are overrun by violent crime and that state and local law enforcement must play no role in addressing the matter—since such an approach might weaken the campus kangaroo courts that activists champion. It’s all but inconceivable to imagine any other scenario in which such a cavalier approach to a purported crime wave would be tolerated.

What Yale and the Times Did to Patrick Witt

The report itself answers the question of why President Salovey does not act. A grand total of one Yale undergraduate actually filed a complaint that went to the University-Wide Committee (UWC), the body that adjudicates campus sexual assault questions. (That case remains pending.) A second case was filed not by the student but by the Title IX coordinator—even though the Spangler Report claims that the Title IX coordinator will take action “only in extremely rare cases.”

The next two cases that went to the UWC? Both resulted in non-guilty findings—despite a procedure that’s heavily tilted toward returning a guilty outcome.

Then there’s the fifth case. Last year featured a deeply troubling scenario in which a non-Middlebury student essentially weaponized Title IX. She alleged that a Middlebury student sexually assaulted her in a study abroad program, and when she didn’t like the outcome from the study abroad program’s disciplinary process, she sent a notice to Middlebury implying she would file a Title IX complaint unless Middlebury brought the student up on sexual assault charges. Middlebury did so, employed a deeply unfair procedure, and found the student guilty. He sued, obtained a preliminary injunction, and eventually settled with the college.

At the time, I noted that perhaps the only good thing that could be said about the Middlebury case was its unusual nature. But it was a troubling precedent, since the only clear way for a college student to avoid a campus tribunal is to avoid any type of sexual contact with a fellow student.

That line seems to be breaking down. The current Spangler Report notes the following: “A Title IX Coordinator brought a formal complaint on behalf of a non-Yale student who alleged that a Yale College  student engaged in sexual penetration without consent and physically assaulted the complainant . . . The case is pending.”

There’s no indication that the non-Yale student went to police. The ostensible rationale for campus tribunals is that they set campus norms. To the extent they become absolute substitutes for the criminal justice system, providing avenues to police off-campus student behavior with non-students, the precedent is a terrifying one.

By the way, this case, too, was filed by the Title IX coordinator. So of the five cases reported to the UWC for formal resolution this past semester, two used a process that the report claims that the university employs “only in extremely rare cases.” Apparently not too rare.

Related: Expel 10 if 1 or 2 Are Guilty of Rape?

The vast majority of cases in the Spangler Report were handled informally (at least at this stage) through the office of the Title IX coordinator. In this process, the accused student effectively has no rights—but also can’t be expelled. Three of the Title IX office cases stand out:

(1) The Title IX office currently is considering a second sexual assault allegation filed by a non-Yale student against a Yale student. It’s very difficult to imagine how such a complaint does not belong before the local police rather than a Yale bureaucrat.

(2) As I’ve noted previously, the silence of the Yale faculty on this issue is especially odd, since the new Title IX regime threatens their rights as well. From the latest report comes news that a student informed a Title IX Coordinator that another Yale student reported that a faculty member made inappropriate comments in a classroom. This second-hand complaint about classroom discussion is now “pending,” under investigation.

(3) Clever students can find way to game the system. Have a tough exam coming up? Go see the Title IX office, like a Yale student who “reported that an unidentified visitor on campus made unwanted advances. The Title IX Coordinator implemented academic accommodations for the complainant.” Perhaps such advances from the unknown visitor occurred. (If the party was unknown, how did the student know it was a visitor?) But how can the Title IX investigate such a complaint to determine if “academic accommodations” are actually warranted?

Related: Let’s  Challenge the ‘Rape Culture’ Warriors

A good example of the witch-hunt atmosphere on today’s campuses is the increasing willingness of Yale students and employees to file second-hand, unsubstantiated allegations.

For instance, “an administrator informed a Title IX Coordinator that a [Yale undergraduate] student reported that an individual whom the complainant could not identify engaged in sexual touching without consent at an off-campus location.” A student informed a Title IX Coordinator that one Yale undergraduate “reported that another [Yale undergraduate] student engaged in sexual penetration without consent.” Rumor-mongering is now acceptable at Yale, as an unidentified administrator informed a Title IX Coordinator “of reports from multiple [Yale undergraduate] students that another [Yale undergraduate] student had engaged in sexual penetration without consent.”

And consider this allegation, with emphases added: “A student informed a Title IX Coordinator that an unidentified [Yale undergraduate] student reported that an unidentified [Yale undergraduate] student had engaged in sexual penetration without consent.” On what possible basis could Yale investigate this claim? And how did the reporting student possibly reach this determination?

The Spangler report lists each of the above episodes as a sexual assault. Keep that in mind when evaluating the report’s breathless statistics.

Times Sees Shift Against Student Protesters

The New York Times published an article Sunday on how painful it was at Yale for Erika Christakis, whose harmless opinion on Halloween costumes triggered non-negotiable demands by enraged black students and their allies. But The Times buried the lede. Here is the actual nugget of fresh information in the article: “Yet the mood on campus may be shifting in her direction. Increasingly. College administrators are pushing back against student demands perceived as doctrinaire…

How the Leftist Monoculture Took Over the Campus

By Richard Vedder

I didn’t sleep too well last night, thanks to Heterodox Academy’s (and NYU’s) Jonathan Haidt and John Leo, who recently carried on a provocative exchange in this space. Two questions really bothered me: Why is there so little intellectual diversity in the academy? And what can we do about the related problem of weak university leaders capitulating to ever more outrageous demands from student protesters?

So why is the academy increasingly a leftist monoculture, at least in the social sciences and humanities?  The standard answers relate to self-selection: conservatives and libertarians want to make money, so they go into business or the professions, or, more uncharitably, they are not as smart and thus cannot meet academic standards. In short, they are cognitively unfit for a life of the mind. Last month, James Phillips in an excellent paper discredited the latter notion with respect to law-school faculty presenting compelling empirical evidence that conservative underrepresentation amongst law-school faculty likely reflects some ideological discrimination.

Faculty—Wards of the State

One reason discrimination exists is that faculties are in some respects like fraternities—they like to have people around them with similar tastes and preferences; people who are simpatico ideologically probably will be closer colleagues and friends.

But it goes beyond that: faculty are increasingly wards of the state. They derive their income in large part directly or indirectly from governmental largess even at so-called private schools. Progressives favor big governments; big governments shower more dollars onto college campuses, providing larger salaries and lower teaching loads for academics. Those on the left push for free college and loan forgiveness; those on the right talk about restricting student-loan programs. The progressive view promotes larger enrollments and budgets, and with that more and higher-paid faculty. Don’t bite the hand that feeds you.

That brings me to the problem of recent student protests and the spineless reactions of presidents of prestigious universities like Yale. As temperatures rise this spring, protests will mount (our fragile students don’t want to discomfort themselves by protesting in the cold). Continued appeasement of students who seize control of buildings and curriculum and threaten university leaders destroys the rule of campus law and further reduces intellectual diversity and academic freedom. What can be done?

More Adult Supervision

I agree with Jonathan Haidt: bring in some adult supervision. Specifically, trustees and prominent alumni were educated when children were not protected by their parents from hearing or seeing hurtful things, when kids were raised to endure hardships and occasional blows to their self-esteem. By and large, I suspect trustees and large donors do not approve of coddling students. And one thing trumps everything else on campus: money. You don’t offend big donors

Typically, trustees rubber stamp administrative actions, and are seen but not heard. But they have significant power that needs to be unleashed: to borrow from a misguided University of Missouri professor, “Let’s have some muscle over here.” Presidents should be told in no uncertain terms that groups of spoiled brats cannot be allowed to ignore university procedures, disrupt operations, and threaten unfettered scholarly inquiry.

The problem ultimately is one of ownership. Radical students think they own the university. Faculty think they own or co-own it. Senior administrators think they are the owners, as sometimes so do powerful wealthy alumni. Universities earn financial surpluses that get disbursed to the putative owners, much like the dividends corporations pay to stockholders. That is what “shared governance” is all about –give the faculty low teaching loads and good salaries, administrators armies of junior administrators to do the heavy lifting, students low workloads and good recreational facilities, and the alumni a good football team. Everyone is happy except those paying the outrageous bills.

But for non-representative groups of students to claim an absolute right to determine major policies in return for not using violence is extortion. The legal owners of universities need to assert themselves and tell the presidents to show leadership and not let the lunatics run the asylum.


Richard Vedder directs the Center for College Affordability and Productivity, teaches at Ohio University, and is an Adjunct Scholar at the American Enterprise Institute.

Caving in to Bullies

Not all Yale students agree with the tactics employed by the bullies. Freshman Connor Wood said, “The acceptance or rejection of coercive tactics is a choice that will literally decide the fate of our democracy. Our republic will not survive without a culture of robust public debate. And the far more immediate threat is to academia: how can we expect to learn when people are afraid to speak out?”

Related: What the President of Yale Should Have Said

Nevertheless, it appears that the loudest voices are indeed influencing President Salovey. He has given in to protesters by:

  • Announcing a new center for the study of race, ethnicity, and social identity
  • Creating four new faculty positions to study “unrepresented and under-represented communities”
  • Launching “a five-year series of conferences on issues of race, gender, inequality, and inclusion”
  • Spending $50 million over the next five years to enhance faculty diversity
  • Doubling the budgets of cultural centers (Western culture not included)
  • Increasing financial aid for low-income students

In addition, President Salovey volunteered, along with other members of the faculty and administration, to “receive training on recognizing and combating racism and other forms of discrimination.”

With an endowment of $24 billion, these expenses are a proverbial drop in the bucket for Yale. But it doesn’t mean that the administration should cave.

Isaac Cohen, a Yale senior, wrote in the student newspaper, “Our administrators, who ought to act with prudence and foresight, appear helpless in the face of these indictments. Consider President Salovey’s email to the Yale community this week. Without any fight or pushback — indeed, with no thought as to burdens versus benefits — he capitulated in most respects to the demands of a small faction of theatrically aggrieved students.”

This is an excerpt from “Student Bullies at Yale,” which was published originally at CAPX

A Targeted Teacher at Yale Quits

The problem of political correctness at Yale has comes up again because it let a good scholar quit teaching under heavy pressure from students over a very mild email she wrote about Halloween costumes at Yale.

The email said she thought that an official campus group really shouldn’t be telling students what costumes to avoid. PC people have been labeling the wearing of various costumes as “cultural appropriation”– for instance, only a pirate should be wearing a pirate’s costume. Nicholas Christakis and his wife, Erika Christakis, a lecturer in psychology and early childhood development at Yale’s Child Study Center, emerged as targets of black students and other “marginalized” students and their allies. Her message lamented what she called an increasingly censorial and prohibitory climate at American universities.”

A group of angry students confronted Nicholas Christakis, master of Silliman College, one of the residential Yale houses. A few of the students cursed him out and seemed to threaten him (“We know where you live”) because he and his wife, the associate master of Silliman, had failed to provide them proper comfort and a safe space.

Peter Salovey, president of Yale, and Yale College Dean Jonathan Holloway, the highest-ranking black official at Yale, both issued notably cold and feeble responses to Christakis’ decision to quit teaching at the university.

The Yale Daily News reported:

Among the demands made by Next Yale, a fledgling campus activist group that addresses issues of race on campus was the removal of Nicholas and Erika Christakis from the positions of master and associate master of Silliman College, respectively. The demands, presented to University President Peter Salovey at his home at around midnight on Nov. 12, do not mention the Christakies’ roles as Yale educators.

On Nov. 17, Salovey and Holloway wrote that they “fully support” the Christakises’ mastership in a joint email to Silliman students.

Two open letters published last months by various professors — one supporting student concerns about racism and marginalization, and another standing in solidarity with the Christakises — gave voice to multiple sides of a heated debate over free speech, sensitivity and racism on Yale’s campus. The first letter was signed by several hundred faculty members, including the Christakises. The second, authored by physics professor Douglas Stone and signed by 69 faculty members, said those who have mounted a campaign against Erika Christakis have reduced the “educational variety” for all Yale undergraduates.

“As faculty colleagues we wish to express our strong support of the right of Erika and Nicholas Christakis to free speech and freedom of intellectual expression,” the letter stated.

In past years, hundreds of students shopped each of Erika Christakis’ classes, Stone said, adding that she planned to teach additional seminar sections this year to handle the demand. He added that attacks, not just on Christakis’ email, but on her character and integrity as well, have led to her decision not to teach. Stone said he encouraged Christakis to reconsider her decision to stop teaching after a “cooling off period.”

Although Stone said he welcomes criticism by students and faculty as part of a respectful dialogue, he said he thought the response to Christakis’ letter unfairly characterized her words as racist.

“It goes without saying that faculty using racial epithets or harassing speech … should not be tolerated or defended in any way,” Stone said. “I don’t think that is at issue in the current situation.”

How Yale Supports Racial Separatism

I mostly agree with Peter Schuck’s viewpoint (What the President of Yale Should Have Said) but disagree strongly with his suggestion that colleges and universities have been working to support diversity on campus (and improved race relations) through their policies and practices of offering so-called “ethnocultural” dorms and identity/affinity housing.

Indeed, what the colleges are actually doing, in the guise of promoting improved race relations, is practicing racism by organizing and making assignments to dorms by race and cultural group identity, including staffing such dorms with RAs who match the skin color or ethnic background of the identity house.

That’s a bowl full of wrong. Such separate housing by race and/or ethnicity is the college practicing racism by means of encouraging racial identity rather than respecting every student’s individuality.

Colleges that foster ethnic and affinity dorms and their ilk are wittingly or unwittingly (I think wittingly) contributing to ethnic and racial Balkanization on campus and thereby facilitating frayed race relations; such “ethnocultural” and racially identifiable housing policies only reinforce racial stereotypes and supposed skin color “differences” among us. It also falls right in line with the grievance industry and race fanatics’ agenda on campus.

Places as “liberal” as Yale ought to know better, but they engage regularly in racial separatism and paternalism by funding programs that support this apartheid. Another example of modern-day racism on the part of the Ivy League and other major academic institutions comes from Boalt Hall, The University of Berkeley Law School.

Officials there have stopped the random assignment of first year law students and begun clustering racial minorities in order to have them feel better about “themselves” by being in groups where more of them have the same skin color. This deliberate ghettoizing of racial minorities, like “theme” dorms around ethnic and racial identity, are regressive policies that undermine individual identity and reinforce as race above all other individual accomplishments.

The message is clear: Admit more of “me” because I am too insecure and uncomfortable being with others not from my hood or who don’t talk the talk of racial grievance.

After Many Woeful Failures, the Colleges Avoid Change

The students at Mizzou and Yale caught in twin episodes of contrived campus racial hysteria have been described as narcissists and self-indulgent brats catered to by their parents who told them how special they were and expecting the same judgment from college. Handed what they understand as the attitudinal keys to the kingdom, they’re enraged when challenged.

The two highlights are probably 1) the would-be Maoist Missouri media studies professor calling for “the muscle” to shut down coverage of a protest by a young journalist invoking the First Amendment and 2) the Yale student shrieking “who the fuck hired you” at a professor so foolish as to suggest that the subject of culturally appropriate Halloween costumes for Yale’s overgrown brats was in part a matter of free speech. Like President Obama insisting he “can’t wait” for Congress before overriding the Constitution to impose himself through executive authority, “the snowflake totalitarians” insist that its fears need to be propitiated forthwith. Fortunately, both incidents were caught on camera and have gone viral on YouTube.

These young people in America’s increasingly hierarchical society expect to be obeyed. Treated as important customers by their colleges, their faculty and staff assume the customer is always right. What makes their effluvia different from those of the 1960s student protesters is that the context has changed. Then as now, students, short on experience, are often unable to distinguish between considered political perspectives and their emotion-laden ideologies.

But in the 1960s the faculty still had a few conservatives and a fair number of old-line liberals scarred by McCarthyism and firmly wedded to freedom of speech. But 45 years later academic self-selection has produced faculties and over-staffed administrations that devolve from protestors of 1970.  The student protestors are an expression of what academia has been producing over these past decades.

In recent years, academia has done so much to discredit itself that we might have expected calls for reform to be ringing from the halls of Congress. “Federal spending,” notes The Journal, “on loans and grants, on an inflation-adjusted basis, has jumped more than 50% over the past decade to $134 billion last year, and total federal student-loan debt has hit $1.2 trillion.”

On the presidential campaign trail, Hillary Clinton has spoken for new and better subsidies and perhaps even some student debt forgiveness at a time when the national debt has doubled in the past seven years. On the GOP side, Marco Rubio referred in passing, during Tuesday’s Republican debate, to delivering commodified higher education more efficiently. And to be sure, former Indiana Governor and now Purdue University president Mitch Daniels has talked on unbundling the services purportedly provided by higher education so that they can be delivered more efficiently. There are proposals for Contractor model in which “The core business function of the contractor-college would be assembly and quality control rather than running an institution and hiring faculty or holding classes.”

But given the endless scandals and massive failures, there’s been strikingly little political outcry. That’s in part because the average lawmaker has twelve institution of higher learning in his or her district. These institutions are often in close touch with local elected officials who are well aware of how many jobs the colleges account for. Nationally, counting only the four-year operations, colleges are the sixth largest industry in America. They employ 3.6 million people, more than one of every 40 workers in the U.S.

“Higher” education has become a very big business and its size and economic influence has been expressed in its political clout. “Colleges and universities,” explained The Journal, “have become one of the most effective lobbying forces in Washington, employing more lobbyists last year than any other industries except drug manufacturing and technology.” Last year colleges and universities deployed more than a thousand lobbyists at a cost of 73 million dollars. The upshot is that from George Bush the first to Barack Obama’s attempts to rank schools based on supposed outcomes, every effort at accountability has been beaten back.

In the event that reform comes to academia, it will be borne on the wings of competition. On the matter of free speech, the University of Chicago has recently distinguished itself with a strong embrace of traditional notions of free speech. Other colleges like Hillsdale in Michigan, which takes no federal money has made a name for itself by teaching about the genius of the Founding Fathers. If academia is to dig itself out of the hole it’s put itself in to, it will be because many more colleges decide to opt out of the suicidal spiral all too visible at Missouri and Yale.

The Odd Sexual Accounting at Yale

Since 2011, as part of its settlement with the Department of Education’s  Office for Civil Rights, Yale has published biannual reports that provide brief summaries of each sexual assault allegation at the university. (Yale is the only university in the country to have such an obligation.) I’ve analyzed each of these reports, issued by the office of Deputy Provost Stephanie Spangler.

Previous reports have revealed such items as: the “resolution” of a complaint against a professor, whose chair then would “monitor” him, even though he was never even informed of the complaint; odd investigations based on anonymous complaints—and sometimes with anonymous targets; concerns that Yale was using Title IX to trump university members’ free speech rights; the punishment of a student that even Yale’s due process-unfriendly system had found not culpable for the allegations against him; and students charged under a vague standard that included “emotional or economic abuse” by “roommates.”

The newest Spangler Report, covering all incidents in the first six months of this year, has just been released. The report is unusually bare-bones, even by Yale’s standards, but it does provide insight on two broader statistical debates about sexual assault on campus.

The 1-in-5 Claim

Between January 1 and June 30, six Yale undergraduates, or 0.2 percent of the 2678 female undergraduates at the university, filed sexual assault complaints with the school. (Three graduate students did so, and there were three complaints filed by non-Yale affiliates.) Of these complaints, only three were reported to the Yale Police Department. (None appear to have been reported to the New Haven Police Department.) Three more were formally handled through Yale’s University-Wide Committee (UWC), a due process-unfriendly procedure that I’ve written about previously. In sharp contrast to past years, zero cases were handled through informal complaints, a process that doesn’t promise an accused student the right to present evidence of his innocence. (This is the process that ensnared former Yale quarterback Patrick Witt.) But the newest Spangler Report suggests that the informal complaint procedure has effectively been replaced by the Title IX coordinator, from whom seven of the thirteen overall cases proceeded.

To place that statistic in context: the majority of sexual assault cases in the first six months of 2015 were handled by a Yale administrator whose job depends in part on keeping the university in OCR’s good graces, and without any procedural protections, of any type, for an accused student. (Under Yale procedures, an accuser can still file a formal complaint after working through the Title IX office.)

What of the sexual assault cases filed by undergraduate students? One of the six, the Spangler Report reveals, was simply withdrawn. So the university actually considered five undergraduate sexual assault cases in the first six months of 2015.

Of these five, one undergraduate was found culpable of “nonconsensual sexual activity.” His punishment? Probation and received a written reprimand—making it hard to believe the allegations he faced resembled what most people consider to be sexual assault. A second case couldn’t be substantiated by even the Title IX coordinator. A third accuser made a complaint (of “sexual touching”), identified the alleged party, but then withdrew the complaint—after which point the accused student nonetheless received a minor punishment (having to undergo “training on sexual consent”). A fourth case is still pending. The fifth involved a case in which the person accused, who was arrested by the Yale Police Department, wasn’t a Yale student.

This list confirms Spangler’s caution that Yale defines sexual assault in a way that “encompass[es] broad ranges of behavior,” since the university “uses a more expansive definition of sexual assault” than does the federal government (or the New Haven Police Department). Indeed, of the five January-June cases in which a Yale undergraduate alleged that another Yale undergraduate sexually assaulted her, none would appear to constitute “sexual assault” as the term is commonly understood.

According to the university’s own figures, then, the 0.2 percent sexual assault percentage is, if anything, too high for the January-June period. The commonly cited 1-in-5 statistic, on the other hand, would suggest that there should have been at least 67 complaints of actual sexual assault—instead of, at most, (depending on what precisely was charged in the case involving the non-Yale accused party) one. As we all know, sexual assault is an under-reported crime. But it would seem there are few environments nationally as favorable to victims filing complaints than the Yale University bureaucracy—which, after all, dramatically expands the definition of what constitutes sexual assault and still can’t get anywhere close to what would be expected from the 1-in-5 figure.

The Reports and False Rape Claims

A robust debate (from which I’ve largely abstained) exists over the question of what percentage of college rape reports are false. But clearly some percentage are false; even the now-discredited David Lisak conceded the falsity of around 6 percent of rape claims. It’s plausible to infer that the percentage of false claims on college campuses would be higher than in the general public. A situation in which communities of 18- to 22-year-olds living together might provide motives for false claims that are less common elsewhere. (Consider the Amherst case: making an almost certainly false claim gave the accuser an excuse for seducing her roommate’s boyfriend to the friends she lost, and an opportunity to fit in in with her new circle of friends, who were extreme victims’ rights advocates.) In any case, there’s no reason to believe that false rape reports occur at a lower percentage on college campuses than elsewhere.

Since July 2011, according to the Spangler Reports, there have been at least 92 sexual assault claims filed by Yale students (undergraduate and graduate), along with 18 cases of “intimate partner violence,” which the reports started distinguishing from sexual assault claims beginning in July 2013. With around 100 claims, therefore, it stands to reason that at least a few Yale students would have been found to have filed false reports. Instead, since July 2011, there have been zero students disciplined for filing a false report. There have been zero students who even faced a hearing for filing a false report.

The current Spangler Report does, however, contain a first: the disposition of false report allegation. The outcome? “The UWC found no factual basis for the respondent’s complaint and therefore did not accept jurisdiction.” In other words, the student didn’t even have the opportunity to present his evidence in a hearing. This is one of only five sexual assault-related claims since 2011 in which the Yale UWC has refused to “accept jurisdiction.” The other four involved two cases where the accused student had already withdrawn from the university; one where the accuser hadn’t provided sufficient information in her complaint; and one where an accuser appears to have refiled a claim that the UWC already had adjudicated and rejected. The current rejection, therefore, is the only one for which the UWC declined to proceed because it wouldn’t consider the specific allegations made by the student.

This result isn’t in any way surprising. Enormously powerful incentives exist for universities not to adjudicate false report cases, ranging from the benign (a fear that doing so might discourage actual victims from reporting) to the less defensible (an administration’s fear of almost-certain protests from certain quarters of the faculty, campus activists, or their allies in the media). But Yale’s handling of this issue provides a reminder that in the university environment, there’s virtually no possibility that a student who files a false rape report will be punished. That the system, on the other end, provides insufficient procedural protections for a falsely accused student to defend himself dramatically increases the chances of campus tribunals rendering unjust results on this issue.

Finally, the current Spangler Report contains an item that illustrates the potential danger to all in an environment like the current one on college campuses. An administrator informed the Title IX coordinator of a “rumor” that a graduate student inappropriately “engaged in personal relationships with undergraduate students.” Again: a rumor. The Title IX officer investigated and concluded that she “could not substantiate the allegations.” But she nonetheless “referred the matter to the respondent’s supervisor for additional oversight.”

Maybe the student behaved inappropriately. But it’s possible that this was an allegation leveled with ill intent. Either way, Yale’s Title IX office took an action that at least risked damaging the relationship between a graduate student and his supervisor—a relationship that’s critical to the student’s future career prospects—based on what the Title IX coordinator herself conceded was an unsubstantiated rumor.

WHY ELITE STUDENTS GET ELITE JOBS

The conventional meritocratic recipe for success is simple enough: study hard in school, get good grades, be involved in one’s community, find an appropriate college, apply for jobs in your field of study, and everything else falls in place. But that’s not how it really works says Lauren A. Rivera, author of Pedigree: How Elite Students Get Elite Jobs.

The path to success she sees is this:  Be born to upper-middle-class or wealthy parents. Know what academic tracks to be on by the end of middle school — knowledge that one acquires from well-educated parents and school counselors with low caseloads. Get involved early in the competitive sports favored by elites, such as lacrosse, tennis, sailing, skiing, golf, cycling, climbing, soccer, and running. Test well enough to get into an elite university.

Apply for a first job in an Elite Professional Services Firm (EPS), the “finishing school” for American elites. They include Wall Street, top management consulting, and exclusive law firms. After you’ve demonstrated that you’re “one of us” in the interview get on the EPS launching pad, which eventually leads to a high-status career in corporate America, politics, or the nonprofit world. Eventually, have children with a spouse of a similar class background, raise them in fine neighborhoods with top schools, sent them to elite universities, and the “virtuous” cycle of elite reproduction continues.

The book offers a rare glimpse into the hiring practices of EPS firms and how they differ from “the dominant theory of hiring” in the United States. The dominant model holds that employers hiring decisions are based largely on “estimates of human capital, social capital, gender and race. But that model is inadequate, she argues, because it fails to account for the increasingly powerful role that one’s class background plays in the recruiting and hiring practices firms that prepare one for leadership roles in society.

Rivera, a management professor at Northwestern University, acknowledges these trends with alarm. Her book goes further than most in that she looks beyond elite college admissions to how elite students find high-status jobs. As a direct observer and participant in the hiring process at an unnamed EPS firm, Rivera shows that elite education is a virtual prerequisite for entry into high-status jobs — jobs that according to the commonly viewed ideal of meritocracy should be available to any competitor on the basis of ability and experience. She demonstrates, convincingly, that’s not the case.

Raised working class in Los Angeles by an immigrant single mom while her father was in prison, Rivera says she was able to penetrate this rarified atmosphere due to her own experiences attending elite prep schools, colleges and graduate school.  She describes being “checked out” by the insiders of the firm in which she carried out her case study, who determined that she was “one of us,” before agreeing to be interviewed for her study.

The author says she did not set out to prove any particular theory, but allowed the data to drive her interpretations.  She concludes that the hiring practices of certain employers — ones that are pivotal in shaping the nation’s future leaders — are driven by considerations of class status. Class, she argues — and the social capital associated with class, is more important than virtually any other factor in whether certain high-statues employers will even consider an applicant for a job.

The key word is pedigree: the array of background traits, including the cultural, social, and educational capital passed from one generation to the next, which EPS candidates bring to the competition for elite jobs. But it’s a closed competition.  One must get through the gates first.  A candidate’s pedigree determines whether his or her application to an EPS firm is legitimately considered in the competition, or tossed in a slush pile of candidates who have no realistic chance to even compete for such jobs.

Of course, pedigree has always been influential in hiring decisions for first jobs at elite professional service firms.  While Rivera acknowledges this, she contends that the rules surrounding pedigree have changed over the generations.  Although elite employers have always hired on the basis of pedigree, the mechanism is now far more indirect. Finding young talent to fill society’s most important and highly paid jobs once was based on descent, the handing over of familial economic power from one generation to the next.

Today, elites have modernized the rules of entry. Rather than explicit bloodlines being the determining factor, the outcome biased toward elites is interpreted as just the rational outcome of the “meritocracy” at work.  Now, just as elite colleges contend that they admit students on the basis of cognitive talent, elite employers claim their highly competitive hiring practices lead to finding the best and brightest young employees.

But the way elites choose talent is hardly an open competition, Rivera argues. Rather, EPS hiring is a “sponsored contest.” While any college graduate is free to apply for a position, only those who are pre-qualified are actually permitted to compete.  The most important pre-qualification is earning a degree from one of two types of schools.  Generally, EPS firms maintain two lists of colleges from which they draw the applicant pool.  First is small list of so-called “core” schools that have fed firms’ talent requirements for decades.  The relationships are historic, steadfast, and habitual. Think Ivy League, especially colleges that are within a few hours drive from power centers of finance, banking and law.

Next is a list of “target” schools that firms have relied on for talent, but to a far lesser extent than core schools.  The pivotal difference between a sponsored and an open competition is the behavior of gatekeepers in seeking talent.  EPS firms go to great efforts to seek out the kinds of college graduates that fit the firm’s culture.  The firms go to the students, spending valuable time and money traveling to the listed campuses and recruiting for their applicant pool.

There is one noteworthy exception, Rivera says.  If a highly regarded EPS firm happens to occupy a booth at a “diversity” job fair, that’s likely no more than a show and tell, serving the firms’ needs to convey itself as an equal opportunity employer, which enables them to compete for federal contracts.  An open competition for jobs is far different: in almost no instance does a gatekeeper for an open contest seek out applicants. In this sense, then, a competition for jobs at the post office is far more competitive than hiring the chosen candidates for any EPS firm.

Then comes the sorting of resumes and the interview process.  At these stages, evaluators at EPS firms, often busy staffers and analysts who work with high workloads, are pretty much left to their own preferences without any firm guidelines from lowly valued human resource departments.  A typical evaluator will spend no more than 60 seconds per resume. In that brief moment, the evaluator scans resumes for positive signals of fit with the firm or red flags that suggest a bad fit.  These decisions are often based on personal biases, reflecting the evaluators’ own background.  Rivera calls this “looking glass” merit: evaluators choose candidates like themselves, with similar family backgrounds and cultural habits, down to the sorts of recreational activities and sports they might share in common.

For example, in the off-chance that a candidate at this stage had graduated with high honors at, say, the University of North Carolina, that would be considered a red flag.  “State schools,” as public universities are called in this competition, would be considered a sign of “intellectual failure.”   Candidates who’ve graduated form a core school are presumed to have the cognitive ability to do the job — although no actual evidence of this presumption exists, Rivera says.

One example stands out.  Rivera interviewed a hiring consultant named Natalie, who examined an application from Sarah, a graduate of New York University’s Stern School of Business.  Natalie noted that Stern was a top ten business school, but not a top three school. “She’s there either because her husband is in New York or she applied to business schools and she didn’t get into Harvard or Stanford.”  For Natalie, Sarah’s graduating from NYU’s Stern School of Business was a red flag, indicating some kind of intellectual failure.

Another red flag is whether the candidate happened to participate in the wrong types of sports in school. Evaluators often looked for similarities in recreational activities as a signal for shared interests and comfort level. One evaluator told Rivera he always asked a job candidate what he or she did for “fun.” The answer wasn’t acceptable if the activity were not something that was fun to him.  One candidate told the evaluator that he liked reading the Wall Street Journal for fun. An EPS evaluator told Rivera, “Nobody reads the Wall Street Journal for fun. And if they are unable to come up with something they do for fun, they are done.”

The classed-based hiring practices of EPS firms might not be so unsettling if such firms had not achieved the level of status, economic power, and influence that they currently enjoy in American life, Rivera contends.  Owing to the high pay and high status that EPS firms use to tantalize graduates, significant numbers of elite college graduates have turned to EPS firms for their first jobs out of college, ignoring opportunities at other types of employers such as manufacturing and educational institutions.  At Harvard alone, more than 70 percent “of each senior class typically applies to investment banks or consulting firms,” Rivera says.  In addition to the highly skewed demand for EPS jobs, this “holy trinity,” has become a well-traveled springboard to leadership positions in all aspects the United States.

Rivera cites research that America is unique among other advanced nations in the extent that people care about the reputation and prestige of one’s alma mater. In few other countries has one’s potential for leadership been so closely tied to where one attended college. As Rivera demonstrates, that has become a self-fulfilling prophesy of the new meritocracy. Exceedingly influential firms have uniquely positioned themselves as “finishing schools” for America’s elites, and yet there is virtually no evidence to suggest whether the system selects for the best, or simply the more well-positioned and well-polished.

For the most part, Rivera’s analysis is believable and compelling. We’ve always known such discrimination along class lines exists at elite professional firms, but she may be the first to inspect the detailed mechanisms that perpetuate the practice.  She fails, however, to address other types of superficially open, but actually closed competitions in which insiders are known to have unfair access to certain jobs in the United States.  The practice is not uncommon. These jobs would include children of police officers, firefighters, union tradesman and similar careers.  Remember?  “It’s who you know, not what you know.”

What’s more, one could argue that EPS firms are selecting candidates most equipped — intellectually, socially and behaviorally — to succeed in jobs that require an unusual ability to communicate and be comfortable with high-status clients in the corporate world.  Evaluators would naturally doubt, for example, whether a first generation college or professional school graduate attending a modestly selective university would have the polish to succeed.

Still, the classed-based hiring practices of EPS firms is unsettling, compared to the semi-open competitions for, say, police or union jobs.  EPS firms are unique in that they occupy far greater status, economic power, and influence than many careers. Owing to the high pay and high status that EPS firms use to tantalize graduates, significant numbers of elite college graduates have turned to EPS firms for their first jobs out of college, ignoring opportunities at other types of employers such as manufacturing and educational institutions.  At Harvard alone, more than 70 percent of each senior class typically applies to investment banks or consulting firms, says Rivera, quoting Nicholas Lemann in the New Yorker.

In addition Americans love a competition that’s open to all comers, like the “Open Championship” in Great Britain and the U.S. Open here. The purpose of these tournaments is to identify the best golfer on the planet during a week’s competition, based strictly on performance.   The opportunity is open to any golfer, not just to those from private country clubs. Indeed, a competition rigged to pick the privileged few is abhorrent to our collective sensibilities. Exclusion based on the conceit that graduates of certain American colleges and universities are intellectually deficient is reminiscent of the days when the U.S. Army rated recruits on the basis of IQ tests.  Those tests purportedly demonstrated the intellectual superiority of immigrants from Arian nations over cognitively deficient immigrants like Jews and Italians.

“Because of the way they hire,” Rivera writes, “these employers end up systematically excluding smart, driven, and socially skilled students from less privileged socioeconomic backgrounds from the highest-paying entry-level jobs in the United States, positions that serve as gateways to the country’s economic elite.”

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

Tawdry Sex and the Decline of Yale

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My new book, Sex & God at Yale, covers many of the shabby low points of sex at the university: Live nudity in the classroom, oral sex seminars, masturbation how-tos and other examples of dedicated folly. But it’s important to focus on  the underlying problem I address in the book. Simply put:  Yale, along with other leading universities, has used academic freedom as an excuse for abandoning academic standards.  

I’m not the first to level this charge. In God & Man at Yale. William F. Buckley famously accused his alma mater of hiding behind “the superstitions of academic freedom.” That was more the sixty years ago. World War II was a recent memory. Buckley was upset that Yale employed professors who busied themselves promoting atheism and communism–ideologies which, he suggested, undermined the liberty that enabled Yale’s academic enterprise to carry on in the first place.

Continue reading Tawdry Sex and the Decline of Yale

What’s Yale Doing in Singapore?

Yale’s brand-new college
in Singapore, a joint venture with the National University of Singapore (NUS),
is “the first new college to bear Yale’s name in 300 years–and the first
attempt to start a liberal-arts school in one of Asia’s leading financial
centers,” the Wall Street Journal reports. But here’s one key way in which
Yale Singapore won’t resemble Yale New Haven: Students won’t be allowed to
engage in political protests or form partisan political societies.

Other than that, insists
Pericles Lewis, president of the Yale-NUS joint venture that’s scheduled to
open for classes in August 2013, students “are going to be totally free to
express their views.” In other words, they’ll be free to express their
views as long as those views don’t have real-world consequences. There won’t be
any equivalent to College Republicans or College Democrats at Yale-NUS–much less,
say, an Occupy protest.

Continue reading What’s Yale Doing in Singapore?