Now THIS Is Incivility!

DormRoom1950sThe Delta Gamma sorority chapter at the University of Maryland has received some unwelcome publicity as a result of a leaked e-mail from one of the sorority’s executive board members, reprimanding the Gammas’ for not sufficiently participating in Greek Week activities with their “matchup” fraternity, Sigma Nu. The admonition was delivered in a vulgar, threatening and verbally violent rant containing, among its over 800 words, 4 stupids, 3 variations of ass–, as in “ass-wipe” and “ass-hat,” 5 shits, 2 cocks, 2 sucks, 3 goddamns, and no less than 42 variations of fuck. Gawker, which received the text of the rant, mercifully did not release the young woman’s name when it posted the thing, which is as it should be. No reason to destroy her reputation now. The odds are she’ll do it herself eventually.

I’ll post the whole message at the end, to spare your having to go to Gawker, but here are some brief observations: Continue reading →

Annoying and Ill-Timed Tangential Issue Dept.: There’s Nothing Especially Virtuous About Running A Marathon

I sincerely apologize for the timing of this topic, which has actually been percolating in my brain for a while. I first considered it after finding myself annoyed by a commercial running on television of late, comparing various artists who completed major works after their 55th birthdays with a similarly aged woman who recently ran a marathon. Then, yesterday, in the wake of the terrorist attack on my home town, I read multiple Facebook posts from otherwise intelligent people expressing profound sadness for all the marathoners who trained so hard for Boston and were not able to finish. That did it.

I believe we can stipulate, can we not,  that any marathoner who returned home whole after watching fellow competitors having their arms and legs blown off  and complained that the race was terminated before he could finish would immediately be eligible for the Jerk Hall of Fame. If horror, grief and empathy for the victims, concern for the nation, and gratitude for the pure luck of being spared doesn’t wash such selfish thoughts right out of a runner’s mind, then that person needs to keep on running until he has left civilization. Meanwhile, the increasingly accepted cultural attitude that running a marathon or an iron man competition is especially admirable shows something is out of whack in our value system.

I didn’t feel like confronting my Facebook friends yesterday, but please tell me how being prevented from running in a race one has trained for is any more of a tragedy than a thousand other minor disappointments we all face every day, and far less worthy of sympathy than thousands of others. A while back I was blocked from giving a seminar in Tennessee that I had prepared for, because of a storm that grounded all usable flights. That cost my company $5,000. It meant that a lot of Tennessee lawyers had to hustle to find other ways to get their ethics credit, and the ways they found were going to be a lot more boring than I am. Those are real consequences, tangible and significant. What is the result of not being able to finish the Boston Marathon? Who is significantly harmed? Nobody. The marathoner is disappointed and inconvenienced, that’s all. There are other races. He or she is in shape, They did the best they could. The Marathon will be held next year. The terrorist attack is a tragedy. The fact that racers couldn’t cross the finish line is trivial. It just doesn’t matter very much, or shouldn’t.

I’m not condemning runners, any more than I condemn people who spend their spare cash on jewelry, summer houses and vacations instead of saving the whales: it’s their lives and and their priorities, not mine, and they can do what they choose. At the same time, the aura of virtue surrounding extreme runners and the popular myth that running a marathon is more ennobling than commonplace altruistic and practical uses of an individual’s time is bizarre. That commercial I mentioned speaks of being productive in latter years. Running a marathon doesn’t produce anything more than playing a videogame does. Picasso, whose late career artwork is mentioned in the spot, created something beautiful that will be enjoyed for centuries: now that’s productive, and also worthy of admiration and praise. Whose life is enriched by the completion of a marathon, other than the runner’s? It isn’t a communal act, a generous act, a productive, charitable, creative or selfless act. It is a completely self-absorbed and self-focused act, requiring many hours that could just as easily be used communally, generously, productively, charitably, creatively and selflessly. Again, it’s the runner’s life, and if he or she wants to use their brief time on earth to complete manufactured and artificial challenges that accomplish nothing tangible and leave the world no better than it was before, that’s an individual choice; running a marathon doesn’t harm anyone, either, unless it interferes with being a good and attentive father, spouse, and friend. Extolling this kind of activity, however, just distorts societal values, and bestows heroic status on the wrong people, for the wrong things.

Tiger Woods Cheated! Who’s Surprised?

Marital fidelity was a previous rule Tiger thought was stupid. Nike must be so proud.

Marital fidelity was a previous rule Tiger thought was stupid. Nike must be so proud.

The fact that Tiger Woods finished fourth in the Masters was a stroke of moral luck that will allow, in all probability, the memory of his lack of sportsmanship and the PGA’s lack of integrity to cause a bit less harm to professional golf, at least until the next time Tiger tries to cut ethical corners. He is, after all, a shameless cheater with a deeply flawed character. It was just a matter of time before he managed, as the sport’s biggest name, to corrupt it. Now, he has.

During the tournament, Woods improved his lie after a stray shot by taking an illegal drop, and did so in such a blatant and obvious manner that TV viewers noticed it. Based on his experience and the rules of golf, Tiger should have known that what he was doing was a violation; based on his later statement to ESPN, in which he admitted that he placed his ball “2 yards”  behind where it belonged to give himself a better shot at the green, he did know. USGA rule 26-1 says a golfer must “play a ball as nearly as possible at the spot” from which he or she originally hit it. As Christine Brennan correctly explained in USA Today, previous golfers who have committed far less serious infractions have withdrawn from competition to preserve golf’s status as the last major sport that expects competitors to police their own conduct. Golf has an honor code. There is nothing honorable about Tiger Woods. Continue reading →

Unethical Quote of the Week: David Drumm

“Gosnell is on trial for 7 counts of first-degree murder regarding the deaths of seven babies, and one count of third-degree murder for the death of a female patient. Many conservatives pundits think there should be greater media coverage. Be careful what you wish for.”

–—David Drumm, guest blogger on Jonathan Turley’s “Res Ipsa Loquitur,” arguing that scrutiny of the facts behind the Gosnell late-term abortion murder trial will show that pro-life protestors at Planned Parenthood clinics forced some women to enter Dr. Gosnell’s “house of horrors,” so conservatives should be eager to suppress the ugly story, just as the main stream media has done to avoid sparking an emotional national debate over the realities of abortion.

I'll put up a more flattering photo, Professor Turley, when you stop letting unethical people write on your blog.

I’ll put up a more flattering photo, Professor Turley, when you stop letting unethical people write on your blog.

A statement like Drumm’s above is signature significance. I don’t need to read another word to know that this is a commentator driven by politics and tactics rather than principle. Why is someone like this guest blogging on Jonathan Turley’s website? Turley is a legal scholar, an ethics expert, and everything Drumm is clearly not. He does not take knee-jerk ideological positions; his commentary is not partisan, and he is a civil libertarian. Civil libertarians do not endorse media manipulation of the news in the pursuit of partisan agendas, which is exactly what Drumm does here. Continue reading →

Ethics Hero Emeritus: Annette Funicello

AnnetteAnnette died yesterday after a long, painful decline triggered by the onset of Multiple Sclerosis 25 years ago. To understand why she was an Ethics Hero, one need only read the New York Times obituary, which captures her essence well. One is an Ethics Hero if one goes through life caring about others, being loyal, responsible and fair, never inflating one’s own value and worth above those you live and work with, and having integrity.

If you can do all this while being a celebrity, TV star, teen idol, recording star,  movie star and adolescent lust object, you are more than an Ethics Hero. You are a miracle. That was Annette. Continue reading →

Ethics Quote of The Week: Umpire Marty Foster

“I saw the pitch and of course don’t have the chance to do it again. But had I had a chance to do it again, I wouldn’t call that pitch a strike.”

—– American League Umpire Marty Foster, in the wake of the controversy over his game-ending strike call in the Texas-Tampa Bay game last night.

In other words, “I missed it. I was wrong.”

Strike Three?

Strike Three?

Good for Foster. His wildly inaccurate call was strike three on Rays batter Ben Zobrist, who thought that he had worked a base on balls. This would have placed Rays runners on first and second with two outs, creating a reasonable opportunity for the Rays to tie or win the game.  Instead, the Rangers got a gift. Rays manager Joe Maddon, in interviews and in a tweet to his followers, said, “That can’t happen in a major league game,” meaning that the call was beneath major league umpiring standards.  Of Maddon, Foster said,  “He was frustrated and I understand .He acted probably the best he can under that situation.”

Obviously, there have been many, many worse calls, nearly as bad calls, and only a smidge better calls, and there will be this season. In the vast majority of those, umpires have and will remain mum, maintaining that they were in the best position to judge the pitch or the play, and that even video showing their gaffes are misleading. Foster, however, did the hardest thing for many of us: admitting a mistake. Admitting so, to himself as well as the world, doesn’t make him a worse umpire; it makes him a better one.

Note: I apologize for the sparse postings the last few days. I am involved in a night and day project that is preventing me from doing thinking and working on anything else…even baseball. Naturally, the only game update I happened to watch, at 2:20 AM, was an ethics story.

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Sources: NBC Sports (and Graphic); Townhall

Different Symptoms, Same Ethics Illness: The Mike Rice-Rutgers Scandal And The Sandusky-Paterno-Penn State Tragedy

Missed out on your statue by thaaaat much, Mike.

Missed out on your statue by thaaaat much, Mike.

The question isn’t, as many news reports would have us believe, whether the Mike Rice affair mandates an administrative house-cleaning at Rutgers. Of course it does. The question is why, after the far uglier Penn State scandal, anyone possessing the gray matter of the Scarecrow from “The Wizard of Oz” thinks otherwise.

In case you are really smart and pay no attention to the dire ethics swamp known as college sports: Mike Rice was a very successful Rutgers basketball coach until ESPN got a hold of a video compilation of him abusing his players on multiple occasions. Though the Rutgers athletic director had seen the damning evidence in November, he let Wise off with a fine and suspension; then the recent national exposure forced him to fire Wise. This prompted Rutger’s president, Robert Barchi, to fire the athletic director (Tim Parnetti) for not taking appropriate action once he had discovered his coach was hitting, assaulting, and taunting players. And Barchi? Even though he knew, or should have known, that Rice’s methods were unacceptable, he never looked at the video (or so he says) that was available to him six months ago, until April. The New York Times reports that many Rutgers officials as well as the university’s outside attorneys knew that Rice was abusing his players,and that he had been doing so for years.

The net lessons learned from the Penn State disaster are zero. As the Times article says, “interviews and documents reveal a culture in which the university was far more concerned with protecting itself from legal action than with protecting its students from an abusive coach.” Yes, a coach attacking student is far short of child-molesting, but that’s  irrelevant: the corrupt cultural syndrome is exactly the same.  Rutgers, top to bottom, placed winning basketball games above sportsmanship, decency, fairness, and protecting their own students. The difference between Rutgers and Penn State is Joe Paterno and moral luck.

Let us be clear: if a teacher physically assaults a student, anywhere, at any level, ever, that teacher has to be fired, and probably prosecuted. A coach is no different. This isn’t open to debate. Yet I listened, as my gorge rose, to the glib and simple-minded conservative radio host Sean Hannity jabber with ex-Notre Dame football coach and facile “inspirational speaker” Lou Holtz about how Parnetti got a raw deal. Why? Parnetti built a great program! So he lets his coaches assault his players—anyone can make a mistake! Isn’t this hindsight? Second-guessing?

“Players are spoiled today; they just aren’t ready to be criticized,” said Holtz, who speaks in platitudes and nostrums that cover a Neanderthal sensibility (so you know he’s much in demand for corporate speaking gigs.)  These men are both ethics-challenged fools, but they have plenty of company.  Rutgers’ report on Rice’s abusive treatment assembled excuses and rationalizations by the authors and others. Rutgers athletic assistants said the video clips showing Rice kicking his players and throwing objects at them “were taken out of context.” What?? In what “context” is it appropriate for a college coach to do this? None! Many of Rice’s players said he prepared them well for tough competition. The report noted that under Rice’s abusive, tortious methods, the players’ grades rose to a B average. Oh! Well, that must mean assault and battery is okay, then, because it works!  This is the ethical standard Rutgers is teaching its students.

Parents everywhere: grab your student and run.

Elsewhere, Rutgers’s internal report called Rice “passionate, energetic and demanding” and concluded that his intense tactics were only aimed at improving his team and “were in no way motivated by animus.” Ah! So beating kids is okay, as long as it’s well-intentioned! This culture is sick, sick, sick and as with Penn State, it is part of a large sick culture that pervades university sports. Here’s one official from another sick school defending Parnetti:

“I think it was unfair for them to fire Pernetti. There were probably a lot of things that went into the decision not to fire Mike Rice in December. And as gruesome as that tape was, it was also a first offense for Mike Rice. I think Pernetti is taking the heat for everything and sometimes in leadership roles you take the glory probably more than you deserve and you take the heat more than you deserve. I think right now Pernetti is taking the heat more than he deserves.”

A first offense???? The video was compiled from dozens of incidents, and Rice’s penchant for violence and abuse were already known! Yeah, there were  “a lot of things that went into the decision not to fire”  Rice, none of which add up to a single good reason not to get rid of any coach who beats up kids in his charge.

The New York Post interviewed a college official who believes its all Facebook and Twitter’s fault:

“The whole situation, top to bottom is a shame. But my opinion is that there is no manual or rule book for how to handle these types of situations. To say (Pernetti) should have handled this situation a certain way, well unless you’ve been in his shoes, it’s hard to comment on it. Obviously there was a reason why Pernetti kept Mike Rice around. What was that reason? We don’t know. But one thing I saw was that his kids, his players backed him. So In my opinion do you know what got Mike Rice and Tim Pernetti fired? Social media got them fired. People make comments and form opinions without knowing all the facts sometimes. That’s the world we live in now.”

Yes, there is a rule book, and it’s called ethics, not that this guy, or whatever college he works for, would recognize it. “Unless you’ve been in his shoes”? The translation of this fatuous and offensive rationalization is simple: “Hey, there’s a lot of pressure on this guy to win, and he’s not going to let a couple of bruised sophomores jeopardize the won-lost record and alumni support. I bet you’d let the kids get beat up too.”

I wonder what schools those two anonymous officials work for? That’s the frightening part;  they could be working at almost any big time sports school, because that’s the predominant culture there.

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Sources: New York Times, Sean Hannity, New York Post

Ethics Hero: Michael Bublé

This video, and therefore the incident, is three years old now and viewed on YouTube by millions,  but it’s new to me, and it raises my opinion of Michael Bublé , an old-fashioned but youngish Vegas-style crooner in the Andy Williams mold, but cuter.

Here is what’s ethical about the singer’s spontaneous conduct:

  • He was kind. Few performers allow their concerts to be hi-jacked like this.
  • He was courageous. Professionals know that any time you give up control, anything can happen.  Bublé was confident that he could handle whatever came his way, but it is still a risk.
  • He was generous. His reaction to realizing the kid could really sing was pitch-perfect.
  • He demonstrated the Golden Rule, and explicitly so, when he made the decision to bring the 15-year-old on stage, saying, “I remember being your age.”

…all marks of an Ethics Hero, and a lucky one, because this could have gone horribly wrong.

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Pointer: Kathleen Dunn (via Facebook)

Further Reflections On The Cheerleading Prosecutor (and an Ethics Pop-Quiz!)

"By the way, counselor, nice work last Sunday..."

“By the way, counselor, nice work last Sunday…”

I wrote the post about Ina Khasin, the Fulton County assistant district attorney in the morning yesterday as I prepared for a morning ethics session for new D.C. lawyers, and had not made up my mind about whether there was or was not a legitimate “Cheerleading Prosecutor Principle” by the time I posted it. I returned to my keyboard late in the day to read the comments on the post, and finally had a chance to consider the issue carefully, benefiting from the varying perspective of the commenters. My conclusion is that for a prosecutor to indulge herself by moonlighting in a high-profile, frivolous and cognitive dissonance-generating activity like NFL cheerleading is not only weird (Ick!) but also irresponsible, and yes, unprofessional.

I’m pretty sure I’m right, too. Continue reading →

Now THAT’S An Appearance of Impropriety!

Why is this woman smiling?

Why is this woman smiling?

Juliet Ellis is the assistant for external affairs at the San Francisco Public Utilities Commission at a salary of $195,000 annually. She is charged with, among other aspects of her duties, implementing the agency’s new environmental justice and community benefits policies.

She also, her public disclosures reveal, is the salaried chair of Green for All, an Oakland-based nonprofit, which trains disadvantaged minorities in energy-related work. The Commission—that is, the commission that Ellis works for in an influential position—awarded a $200,000 no-bid contract to Green for All—which Ellis chairs for compensation—to train people for city jobs.

Fancy that. Continue reading →