Education

Law vs. Ethics #1: Harvard Screws Over Its Students, But It’s All Legal, So There

/ Jack Marshall / 11 Comments

Harvard welsome

Two rueful thoughts before I begin:

  • One of my college graduating class’s big reunions is next year. Harvard always does an amazing job of throwing a party (having a bank account larger than the treasuries of some countries let you do that , I have many friends and room mates I yearn to see again, and I haven’t been back home to Boston in 17 years. But I’ll be damned if I’ll honor Harvard with my presence. It has been an ethics disgrace consistently for several years, and I am ashamed of my association with the institution, as well as my family’s association (my father and sister graduated from the college, and my mother worked there for over 20 years, culminating in her becoming an assistant dean.)
  • I could really enlighten NPR’s listeners about the difference between law and ethics in this case, if I hadn’t been blackballed for daring to explain how accusations of sexual harassment against public figures like Donald Trump were not necessarily fair even if they were sincere. Oh, well—NPR can bite me.

With that introduction, be it known that in the case of Barkhordar et al v. President and Fellows of Harvard College,  Harvard University won a dismissal today of a lawsuit by students over its decision not to partially refund tuition when it evicted students from dorms and moved classes online early in the Wuhan virus pandemic. Continue reading →

Ethics Rant Of The Month: Ty Smith

/ Jack Marshall / 14 Comments

A few notes:

  • Smith, a father attending a school board meeting in Illinois, gave his rapid fire dissection of Critical Race Theory, and the video has “gone viral.”
  • They have played it on Fox News, naturally. Why wouldn’t it be equally worthy of airing on other news shows? The show kitten videos on HLN, and SNL skits on NBC and CNN. I’d say this is more germane to understanding current events.
  • Smith is conservative radio talk show host, which, as I read some comments on line, means that his opinion here should be discounted. Why?

A Hanlon’s Razor Conundrum: The Case Of The Missing Cheerleader

/ Jack Marshall / 14 Comments

cheerleader left out

This one made me want to cry.

Fourteen-year-old Morgyn Arnold grew up in Layton, Utah cheering for her six older siblings at sporting events, and worked hard to become an official cheerleader, like her father and sister before her.

Morgyn has Down syndrome, so being on the Shoreline Junior High School cheerleading squad as the team manager means more to her than being part of a cheer team does to most cheerleaders, giving her pride and a sense of achievement while providing the opportunity to make new friends. She also learned all of the dance moves so she could cheer in front of the home team crowd.

It is understandable, then, that she was, according to her family, heartbroken when the school’s yearbook came out a few weeks ago and Morgyn was not in the team picture or listed as part of the squad. What isn’t understandable is how this could happen. The school apologized and claimed it was a “mistake.” Morgyn’s sister Jordan Poole believes the cruel snub was intentional.

So do I.

Two pictures were taken, one including Morgyn, on the left, and the other excluding her. Why would there be two pictures, unless someone thought that they might choose to use the photo with only the conventionally pretty girls in it? Team mate Maddie Campbell, 15, said she did not remember whether the photographer or the team’s adviser asked Morgyn to sit out of some of the team’s photos, and does not recall hearing any explanation for the action. She says she thought it was a weird request at the time.

Well, now she knows why they did it. Sure enough, the photo without Morgyn was used in yearbooks and school social media accounts.

Hence the Hanlon’s Razor controversy. Hanlon’s Razor states that one should never assume malice when stupidity can explain conduct. But who is that stupid? And who could be that malicious?

Davis School District community relations supervisor Shauna Lund told The New York Times that the incident was “under investigation” and the school planned to work with the family to “make sure this doesn’t happen again.” Oh, I think it’s fair to say that they won’t leave out Morgyn’s photo again. THAT would really be stupid.

Then Lund mouthed the mandatory wokisms. “We also want to apologize to those who were impacted outside of that family who feel that something was done to not be inclusive. We want the student to feel like she is included in the community. We want to apologize for that mistake,” said Lund. The family doesn’t “feel” something was done: their daughter was excluded from the yearbook, which is not “inclusive” by definition.

Morgyn’s father, Jeff Arnold, is almost as bad as Lund. He said that instead of placing the blame on the school, he wanted to use the situation to raise awareness of the importance of “thoughtful inclusion and compassion.” “If we can find ways so that doesn’t happen to anyone else, that’s just what we want,” Mr Arnold said. “That’s all that matters, because we can’t go back and put it in the yearbook.”

No, but you can sue the school for negligent infliction of emotional distress. You know how to ensure this doesn’t happen to anyone else? Make it hurt. Don’t let these administrators get off with cheap pieties. Make it hurt enough that the little monsters who conspired to shun the Down Symdrome girl are made to regret their cruelty, and that the sleepy faculty advisor who let this happen under his or her watch is soon searching the online want ads

Poll says her sister has already forgiven everyone involved. Of course she has. Down Syndrome kids are usually instinctively kind and generous. One of their differences is that they seem to be imbued with a natural sweetness, and intrinsic ethical instincts. So, naturally, her school mates decided to rip her heart out.

Shoreline Junior High is fortunate that I am not Morgyn’s father, and if my wife Grace were her mother, the staff would have to hide out in Monument Valley. Trust me.

Post Script: Our professional journalists at work: In four sources, I found Morgyn’s name spelled Morgyn, Morgan, and Morgin, with multiple spellings appearing in the one article.

This Is IT! In Charlottesville, Va.’s Schools, The Apotheosis Of The Great Stupid!

/ Jack Marshall / 24 Comments

Lake Wobegon

This would be funny, if it were not so ominous. In fact, it already was funny, many years ago when monologist/author Garrison Keillor (now cancelled for alleged sexual harassment: he doesn’t exist any more) introduced the fictional Minnesota community where so many of his shaggy dog stories were set, with “Welcome to Lake Wobegon, where all the women are strong, all the men are good-looking, and all the children are above average!” [Laughter from the NPR audience.] All but the most dim-witted could get the joke in the last part, for it is impossible for everyone in any group to be above average.

Ah, but that was before The Great Stupid spread over the land like one of the Egyptian plagues in the Bible. Neither irony nor logic flickered in the brains of the Charlottesville, Virginia’s school board, which is patting itself on its mass back for the achievement of identifying 86% of its students as “gifted.” This qualifies those brilliant students for the system’s special, theoretically challenging, gifted classes.

The revelation was made during a Charlottesville school board meeting last week, and the members were thrilled. This was, obviously, impressive progress. Of course, one doesn’t have to be gifted to figure out what’s going on here. As in the memorable past cases of Washington D.C.’s rogue mayor Marion Barry telling the media that D.C.’s crime rate was pretty low as long as you didn’t count all the murders, and rogue President of the United States Bill Clinton explaining that he did not have sex with that woman, Miss Lewinsky, because oral sex isn’t sex, Charlottesville is adopting the now epidemic Rationalization #64, Yoo’s Rationalization or “It isn’t what it is.”

We had seen many signs that this was coming, notably in the efforts of New York city’s communist mayor, Bill de Blasio, to change the admission standards of the New York City’s elite specialized high schools because not enough minority students (except for Asian-Americans of course) were getting in. It is also an extension—heh, I almost said “logical extension”!—of the woke fundamentalist article of faith that skin color itself should be considered a qualification on par with, indeed above, such characteristics as skill, knowledge, achievements, experience, character and intelligence—thus resulting in Kamala Harris becoming Vice-President of the United States.

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Saturday Night Ethics Fever, 6/12/21: Cruel World Edition [Corrected]

/ Jack Marshall / 15 Comments

John-Travolta-Saturday-Night-Fever

1. Cruel reality. You know, I’m starting to feel less and less sorry for Merrick Garland. The man who should have been confirmed as a member of the Supreme Court has revealed himself as an ultra-political and partisan Attorney General. His latest is to darkly hint of scrutinizing “post-election audits to ensure they abide by federal statutory requirements to protect election records and avoid the intimidation of voters.” He wrote in part,

“As part of its mission to protect the right to vote, the Justice Department will, of course, do everything in its power to prevent election fraud and, if found, to vigorously prosecute it. But many of the justifications proffered in support of these post-election audits and restrictions on voting have relied on assertions of material vote fraud in the 2020 election that have been refuted by law enforcement and intelligence agencies of both this Administration and the previous one, as well as by every court — federal and state — that has considered them.”

That’s simply a lie. The claims have not been “refuted,” nor has the Federal government shown sufficient curiosity about “election fraud” to investige any of the many suspicious events related to mail-in ballots counted in Democratic strongholds in closely contested states.

Republicans take this as a veiled threat to interfere with the limited audits taking place in Arizona and Georgia. Arizona state Senator Wendy Rogers (R) minced no words in her response to the almost-SCOTUS justice, saying in part,

“You will not touch Arizona ballots or machines unless you want to spend time in an Arizona prison….The free state of Arizona will not tolerate this federal meddling. If Attorney General Merrick Garland thinks he has a right to our ballots and machines he should go to court. If he uses force when multiple courts have already authorized this audit he will be in violation of the law.”

Translation: “Bite me.”

I approve.

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The Unethical Ingredients Of The West Point High School Valedictorian Fiasco, Part II: What’s Going On Here? [Corrected]

/ Jack Marshall / 23 Comments

Valedictorian

Who are the ethics villains, heroes, fools and otherwise in the West Point High School graduation honors debacle?

Observations:

Number One, and nothing else is even close: If society were capable of looking at human beings as human beings and not as members of teams, groups and tribes, this would have still been a mess, but a much less toxic one. There are groups, political parties, activists, irresponsible scholars and race-hucksters of all kinds who benefit and profit by dividing the United States along racial fault-lines, and they will do it for as long as they can, no matter what harm it does to the nation, families, individuals, institutions, values and the enjoyment of life. This is an example of what we have to dread in greater frequency and damage if we don’t find a way to stifle these villains, for that is what they are.

Related to this are accounts that the president of the local NAACP was elated. This isn’t a team sport: two young women were honored for their achievements, not their race. If it would be offensive for a local group to express pleasure that two white students received an honor, it is equally obnoxious and inappropriate for the NAACP to be making racial comments.

2 If the school counselor was really the culprit who used the wrong standard, he or she needs to go. Yes, the whole school is responsible, including the principal, but if ever a scapegoat was called for, however, this is it. Because of the predictable chain reaction, it was an inexcusable mistake. In Mississippi? In a predominantly black student body? The ethics alarms should have been ringing at ear-splitting volume before the grade calculations ever started. Quite simply, this was a mistake that must not be made.

3. Suspicions that race was a factor in using the wrong standard are inevitable at a time when so many standards are being attacked, eliminated or changed for not yielding the “right” results by the measure of “equity and diversity.” The fact that two black students were elevated above the white ones by the “mistaken” use of the wrong standard under the rules and tradition could have been a coincidence, but the white parents, and objective critics, have every reason to wonder, just as the black parents have every reason to suspect racial bias when the value of their children’s honor was cut in half to satisfy two white families.

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The Unethical Ingredients Of The West Point High School Valedictorian Fiasco, Part I: A Perfect Storm

/ Jack Marshall / Leave a comment

High school graduation

This ugly episode should not have become another racial controversy, and in a healthy culture it would not. But in 2021 it could not have been otherwise with these facts, and American have to decide if they want to live in a society where this happens, or whether they want something better.

The story is told well here, but the main facts are:

1. Ikeria Washington and Layla Temple were named 2021 valedictorian and salutatorian for West Point High School in Mississippi on Seniors Awards Night. Both are African-American.

2. The parents of two white students in the class, Emma Berry and Dominic Borgioli, objected. They had been carefully calculating their children’s grade point averages, and by their records, Emma and Dominic had earned the honors given to Ikeria and Layla.

3. By the school’s own handbook, they were right. Ikeria and Layla had been awarded the honors based on a calculation of quality point average or Q.P.A.,which calculates grades by giving extra weight to advanced placement and dual credit courses. Dominic and Emma were the top two finishers based on an unweighted grade point average, and according to the rules, it was that distinction, not the Q.P.A., which should have been used to decide the class’s valedictorian and salutatorian. A school counselor charged with ranking the class had made a mistake and used the wrong standard…or at least that’s the school’s story.

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Tuesday Afternoon Ethics Tunes, 6/8/21: The Mean Fundraiser, And More

/ Jack Marshall / 26 Comments

Quite a while ago—I’m afraid to check—I asked readers to submit nominees for popular songs with an ethics theme or lesson. Lorne Greene’s one hit recording ( his vocal version of the “Bonanza” song did not fly off the shelves) was “Ringo,” a pretty blatant rip-off of Jimmy Dean’s “Big John,” was one of the first on the list. I received quite a few suggested songs but events overtook me, and I never finished the project. It is in a growing list of promised future content that I have yet to deliver, including missing parts to multi-part posts. I apologize to readers for all of them, but I also intend to make good on all of them, though the ethics songs compilation is understandably low priority. I was happy to finally finish the Ethics Guide to “Miracle on 34th Street” after it languished for a year. The top priorities on the catch-up list right now are Part II of Three Ethics Metaphors: The Rise, The Presidency And The Fall Of Donald J. Trump—that will be on the “Animal House” parade plot metaphor for Trump’s election—and, of course, the long-delayed Part III of The Pandemic Creates A Classic And Difficult Ethics Conflict, But The Resolution Is Clear.

Back to Lorne: I met him once, on a Santa Monica beach. He was in swimming trunks, and with his family, extremely friendly, tanned and wearing his hairpiece, which was fantastic. Like several other stars I have met in person, Greene was so strikingly attractive that he would make anyone turn their heads on a street even if you had no idea who he was. Unlike most of the others, he appeared to be a genuinely nice guy.

1. Proud to be off Twitter, Reason #569: After Twitter received notice of its noncompliance with India’s information technology laws, demanding that the company remove content critical of the government’s handling of the pandemic and about farmers’ protests, including tweets by journalists, activists and politicians, Twitter pulled itself up to its full metaphorical height, puffed itself up like blowfish, and protested in part, “We are concerned by recent events regarding our employees in India and the potential threat to freedom of expression for the people we serve.”

Twitter actually said that it cares about freedom of expression! Then, last week, after Nigeria blocked Twitter, it had the gall to tweet…

Twitter Nigeria

This, from the platform that censored the Hunter Biden laptop story and banned President Trump. The Hanlon’s Razor question of whether these are bad people or just stupid people now becomes irrelevant. It’s unethical to operate a powerful communications platform when you are so stupid.

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Dead Ethics Alarms Tales: The Cotton-Picking Assignment

/ Jack Marshall / 46 Comments

How brain-dead and ethically inert does a teacher have to be to give two black students an assignment to pick cotton? The mind boggles, but this really happened, and at the cringingly politically correctly-named Sacajawea Middle School in Spokane Washington no less.

ABC News tells us that Emzayia and Zyeshauwne Feazell reported to their mother that their social studies teacher handed out cotton and told them and other students to “pick it” in a race to see who could do so it the fastest. The assignment was supposed to be a reminder that blacks were once enslaved and forced to pick cotton on Southern plantations, because nobody else is reminding black children of that fact daily and perhaps hourly.

A furious Brandi Feazell told the network regarding the incident,

“For you to pass out cotton and to my children [and tell them] that essentially, they’re going to pick the cotton clean and it’s a race of who can get it clean first, that was extremely bothersome to me and my children. Under no circumstance … do they need to be taught what it’s like to be a slave or what it’s like to be Black.”

Nor is that a valid topic for study, except in a race-obsessed culture where making certain that blacks are resentful and…wait. Right. I wasn’t thinking…

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Saturday Afternoon Ethics Picnic, 6/5/2020

/ Jack Marshall / 6 Comments

Giant ants

And what’s a picnic without ants?

June 5, the day before D-Day, is another date chock full of ethics history. It doesn’t count, but Ronald Reagan died on this date in 2004: I was just thinking that the Great Stupid would have killed him. In Presidential history, this was the day, in 1888, President Grover Cleveland vetoed a bill that would have given a pension to war widow Johanna Loewinger, whose Civil War vet husband died 14 years after being discharged from the army. He was discharged a little less than a year after enlisting for what the army surgeon’s certificate called chronic diarrhea. Loewinger received his pension until he cut his throat in 1876. When Johanna applied for a widow’s pension it was denied; his suicide was not considered to be caused by his military service. Johanna argued that the death was part of the insanity triggered by his war service, and appealed to a member of Congress to petition Cleveland with a bill. But the President declared all previous inquests into the former soldier’s unfortunate death to be satisfactory. Mrs. Loewinger got no pension.

I always thought this was gutsy of Cleveland (or something), since he had paid someone to serve in the Union army for him after he was drafted. But there were bigger ethics landmarks on June 5:

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