Due Process and Colleges/Universities

Recall the Department of Education’s 2011 egregious and cynically biased Dear Colleague Letter and its attack on due process and equal protection under law.  Things are being restored to legitimacy under the  Betsy DeVos DoEd via interim guidance just issued.

Colleges can now apply a higher standard of proof when determining guilt in sexual misconduct cases and must offer equal opportunity for the accused and accuser to have legal advisers participate in their hearings, according to interim recommendations issued by the US Department of Education on Friday.

Because

The Education Department on Friday formally rescinded guidelines issued by the Obama administration in 2011 and 2014….

There is one item to be cleared up; hopefully it will be when formal, final guidance is issued by DoEd.

Schools now have the discretion to apply either the “preponderance of the evidence” standard, or the higher “clear and convincing evidence” standard….

The criminal standard, preponderance of the evidence, must be the only standard allowed.  And the accusation must be investigated by the police, not by ad hoc amateurish kangaroo courts and pseudo-investigators of school faculty or staff.  A victim of sexual misconduct is not helped in the slightest by a jumped up school tribunal bent on social justice rather than justice.

Our Pledge of Allegiance and God

A Detroit teacher is forced onto leave now because she forced a student to stand for the class’ routine recital of our Pledge of Allegiance.  Used to be, such disrespect was handled in exactly this way, and quite properly so.

The boy actually had a good reason, though, even if he misunderstood what the pledge of allegiance is about:

God said don’t worship anything other than me, don’t worship any idols, and pledging to a flag would kind of be like worshiping it[.]

It’s certainly true that our pledge opens with a pledge of allegiance to our flag, then moving on to our Republic.  However, it’s no violation of God’s injunction to have no other gods before him, nor is it a violation of His injunction to worship no graven images.

The pledge demands no worship, only loyalty, allegiance, to our nation.  The flag is no graven image; it’s a symbol of our nation—for which it stands—not of any god.

This is a missed teaching opportunity.  It was missed by the teacher, who was inarticulate in this particular moment, and it was missed by a stupefying margin by the school’s administration, which plainly doesn’t even understand the question.

This also is an illustration of the shabby condition of our public schools today.

What Else?

Adjunct Professor Michael Issacson at the John Jay College, a part of the City University of New York system and a used-to-be prestigious school has expressed his disdain for and hopes for violence against police officers, tweeting

He then showed he meant it, telling the New York Daily News regarding his tweet,

Oh, that s—?  Everybody dies.

The college management’s response?  President Karol Mason in her press release:

I want to state clearly that I was shocked by these statements. They are abhorrent.  This adjunct expressed personal views that are not consistent with our college’s well-known and firm values and principles and my own personal standards and principles. I am appalled that anyone associated with John Jay, with our proud history of supporting law enforcement authorities, would suggest that violence against police is ever acceptable.

Fine sounding words, but what has she actually done to show they’re not just idle chit-chat?  She closed her presser with this:

The safety of our students, faculty and staff is our top priority. Today, members of the John Jay faculty received threats, and our students expressed concerns for their safety in the classroom. Out of concern for the safety of our students, faculty and staff, we are immediately placing the adjunct on administrative leave as we continue to review this matter.

Notice that.  Isaacson is put on “administrative leave” for the school’s sake, not because Isaacson did anything wrong in the eyes of school management.  Apparently, he didn’t.  Idle chit-chat, indeed.

Beside that, Isaacson is an adjunct professor, and he can be fired at will at any time.  Even a tenured professor could be fired over this; it clearly would be a violation of his terms of office.

Administrative leave.

Aside: it’s interesting that Isaacson’s implied threat was made late last month, but the NLMSM is only just starting to report on it.  In limited fashion.

A Misconception

The Wall Street Journal wrote an op-ed about Secretary of Education Betsy DeVos’ speech at George Mason University regarding her intent to withdraw the Obama administration’s infamous Dear Colleague Letter that threatened the due process rights of students accused of sexual assault.  In it, though, the WSJ included a misconception.

The Obama Education Department’s response was to circumvent Congress and neglect normal executive-branch rule-making procedures mandated in the Administrative Procedure Act, such as soliciting public comment. Instead, it simply jammed the policy through by sending out a “Dear Colleague” letter, including an explicit threat that noncomplying schools could lose federal funding.

It takes two to tango.

The op-ed implied that the university/college recipients of the Letter were somehow bound by it.  This is not true: the Letter was not, and could not be, binding in any way shape or form exactly because the procedure for promulgating it by-passed statutory requirements: the Letter was no more than that, and certainly not a regulation implementing a statute.

The folks sitting in the management chairs at those universities and colleges knew this full well at the time, and they know it today.  The Letter gained force only from the cowardice of those folks sitting in those chairs.  They had only to push back and to refuse to comply with the urgings of the Letter.

Even the threat to withhold funds could never have effect since it was, and is, an entirely unenforceable claim, coming as it does as part of a non-binding Letter that could only urge an action.  The threat, inconvenient as it might have been to resist, had and has only the effectivity of a bully’s threat given it by a coward’s surrender to that bully.

It takes two to tango.  But it only takes one to duck and cover.

College Pupils and Administrators

Jean Twenge, a Psychology Professor at San Diego State University, theorizes that the problems the current generation of college pupils has with free speech stems from their having spent “their entire adolescence with smartphones in their hands,” thereby avoiding missing the rough and tumble of face to face interactions with other children, and from their having led an otherwise dismayingly soft life:

iGen’ers grew up in an era of smaller families and protective parenting. They rode in car seats until they were in middle school, bounced on soft-surface playgrounds and rarely walked home from school. For them, unsurprisingly, safety remains a priority, even into early adulthood.

And

Nor are they just concerned about physical safety. The iGen teens I have interviewed also speak of their need for “emotional safety”—which, they say, can be more difficult to protect.  …  This is a distinctively iGen idea: that the world is an inherently dangerous place because every social interaction carries the risk of being hurt. You never know what someone is going to say, and there’s no way to protect yourself from it.

Twenge’s thesis certainly is a major component.  However, she has missed another major component.

School pupil populations always have had a significant fraction of crybabies and snowflakes. What’s also changed is the onset of cowardice by college/university faculty and administrators. When pupils look to college administrators to settle disputes, for instance, those administrators need to have the courage to say, “No, settle your own dispute” instead of taking the easy way and intervening in order to quiet the squawling toddlers.

When pupils cry that it’s administrators’ jobs to create homes and not an intellectually challenging environments, those administrators need to have the courage—here the integrity—to say, “No, go back home; this isn’t the place for you.”

When pupils riot over their manufactured hurt-feelings re speakers of whose speech they style themselves afraid or disapproving, those pupils need to be arrested and brought to trial for their crimes; administrators must encourage police in this rather than build their administrator escape hatches through which to scuttle away from a problem that, in large part, is of their creation.

Related—closely—is a Letter to the Editor by Oriel College, Oxford, albeit of uncertain provenance, addressing a pupil who decided to be offended by a statue to Cecil Rhodes.  Here’s the money quote, via WillowSpring, writing for Ricochet:

Cecil Rhodes’s generous bequest has contributed greatly to the comfort and well being of many generations of Oxford students—a good many of them, dare we say it, better, brighter, and more deserving than you.

This does not necessarily mean we approve of everything Rhodes did in his lifetime – but then we don’t have to. Cecil Rhodes died over a century ago. Autres temps, autres moeurs. If you don’t understand what this means—and it would not remotely surprise us if that were the case—then we really think you should ask yourself the question: “Why am I at Oxford?”

And

And then please explain what it is that makes your attention grabbing campaign to remove a listed statue from an Oxford college more urgent, more deserving than the desire of probably at least 20,000 of those 22,000 students to enjoy their time here unencumbered by the irritation of spoilt, ungrateful little tossers on scholarships they clearly don’t merit using racial politics and cheap guilt-tripping to ruin the life and fabric of our beloved university.

Understand us and understand this clearly: you have everything to learn from us; we have nothing to learn from you.

I might have added words with the effect of further calling out this precious snowflake: “This school exists in large part because of that Evil Man’s evil money, and so you’re able to present yourself with your whine in large part because of that Evil Man’s evil money.  Of course, you knew of Cecil Rhodes and his donation well in advance because Mumsy told you before you applied.  So, indeed: why are you here?”