Tag Archives: education

PC Police-ism

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In re the matter of Professor Richard Ned Lebow, of King’s College London, and Professor Simona Sharoni, of Merrimack College and a member of the International Studies Association, the ISA’s Executive Committee has spoken.

I demur from the ISA’s politically correct (if ever there were an oxymoron, here is one) position, in particular their Item 7.

7) … Although you explained that your comment was intended as a joking reference to an old, cultural trope, your email was not apologetic and PRR (and eventually ExComm) found that it was marginalizing and trivializing Prof. Sharoni’s reaction to your comment and that it was an attempt to intimidate her….

It was, in fact, a joke–funny or not depending on the audience, but clearly a joke, nonetheless.  Indeed, I didn’t think it that funny, if only because it’s so old and used up.

Accordingly,

  1. no apology was warranted
  2. Sharoni’s manufactured overreaction deserved marginalization and trivialization
  3. There was no attempt to intimidate, and if Sharoni claimed she was, she either is a fragile snowflake of breathtaking dimension, or she carefully manufactured that response as well.

A Necessary Start

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Secretary of Education Betsy DeVos is on the verge of issuing actual rules (not “guidance” letters) directing the way in which colleges and universities must handle accusations of sexual assault.  These rules will include

  • the right of every survivor to be taken seriously and the right of every person accused to know that guilt is not predetermined
  • both the alleged victim and the accused would be able to inspect and review all evidence
  • All Title IX hearings would include cross-examination, which could occur in-person or by live stream, with campus adjudicators allowed to observe the demeanor of witnesses as they assess credibility
  • statements of anyone who refuses cross-examination could not be considered in the final determination Title IX judges would be required to consider both inculpatory and exculpatory evidence.
  • acknowledges that schools’ “treatment of both complainant and respondent could constitute discrimination on the basis of sex”
  • both the alleged victim and the accused would enjoy the same opportunities for appeal, and, if both parties agreed, administrators could offer informal resolution processes like mediation
  • universities could still use a weaker “preponderance of evidence” as the standard of proof, similar to civil cases, rather than a higher “clear and convincing evidence” standard.

The proposal is a good start toward redressing the inequities of the Obama administration’s infamous Dear Colleague Letter, but there remain a couple of serious weaknesses.

One is the continued use of the preponderance of evidence standard.  The problem with this is that accusations of assault, whether sexual or other, are accusations of felonies.  That demands the clear and convincing evidence standard.  Related to this is the investigation and adjudication itself.  Such accusations demand the police and a criminal court conduct the investigation and trial, not the school and its administrators.  Sexual harassment accusations also need a more serious standard of proof than 50%-plus-one-minim of belief.

And: as long as acquittals—however a college/university wants to style them—are appealable by the accuser, there still is no justice possible in the proceedings or the rules that structure them.

That Progressive-Democrats object even to this nod toward justice, though, is instructive for 2020 and what a Progressive-Democrat Congress and White House will do to individual liberty.

Race and College Admission

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During final arguments in the civil suit against Harvard over its use of race in its admission decisions, Harvard’s lawyers insisted that

plaintiffs had to prove admissions officers were motivated by racial animus….

This is a disingenuous argument, though. Racial animus isn’t necessary to get a disparate impact ruling.  With disparate impact established in the courts, for the time being, it’s clear that racial animus doesn’t have to be proved in Harvard’s bias case, either.

The Harvard lawyers weren’t through, though.

Harvard’s lawyers said race is only used as a preference among the most competitive applicants, in the same way exceptional musical talent can make a difference in admissions.

Here is the lie of the Harvard personnel. They deny race plays a role, yet they admit using race to play a role.

Beyond that, applicants’ musical talent (for instance) is entirely under those applicants’ control to acquire. Their race, however, is an accident of birth over which they have no control.  It’s an entirely irrelevant and valueless characteristic in determining merit.

Right Answer, Wrong Dissent

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The Washington State Supreme Court issued a ruling favorable to the State’s charter schools last Thursday.  The question before the court was whether those charter schools were violating the State’s constitution by receiving funding from the State’s lottery facilities.  Writing for the court, Justice Mary Yu wrote in plain words,

Charter schools are not rendered unconstitutional just because they do not operate identically to common school[.]

She expanded on that in addressing the plaintiffs’ argument that the charter schools lacked voter control, holding that, as The Seattle Times paraphrased her,

…”it makes sense” for charter schools not have local voter control because their funding source, unlike traditional schools, does not include local property tax levies.

Justice Barbara Madsen in dissent, wrote

They [charter schools] are not subject to local voter control and lack any direct accountability to the communities they purport to serve….

This is mistaken.  Charter schools are especially accountable to the communities “they purport to serve” because, unlike the case with public schools, those parents, those members of the served communities, those voters, easily can remove their children from a charter school and enroll them elsewhere.

Discrimination

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The discrimination suit against Harvard is underway, and the first day produced some interesting claims.

William Fitzsimmons, Harvard’s admissions dean since 1986, defended the policy [of favoring some applicants over others on the basis of race] by saying the letters to white students in more rural states help the school recruit from areas where students may be less aware of Harvard.

This is nonsense. If student awareness were the goal, instead of sending letters to favored individuals, Harvard would advertise, would communicate with the junior high schools and high schools of those rural areas.

Race is never the reason a student is admitted or rejected from Harvard, he [William Lee, a WilmerHale partner representing Harvard] said, adding the school considers race as one of many factors, in line with Supreme Court precedents.

This is disingenuous at best. If race is never a reason, it wouldn’t be missed if it were eliminated from consideration.

In addition, there is a clear designed-in disparate impact at work here, but since it’s not an impact against a favored group of Americans, it’s not discussed.