abuse of power

Comment of the Day:”Catawba Valley Community College vs. FIRE, Free Speech and Fairness”

/ Jack Marshall / Leave a comment

"Being courageous, challenging authority and exercising your right to free speech is no way to go through life, son."

Michael supplies an answer to my question, “What is going on with colleges and universities?” to begin the recent post about yet another example of a college trying to strangle inconvenient free expression on campus. Here is his Comment of the Day on Catawba Valley Community College vs. FIRE, Free Speech and Fairness:

“Colleges used to be run by faculty. Senior faculty members would be promoted to department heads, then deans, then provosts, and finally presidents. Their whole career, they would teach and be in contact with students. The faculty used to have a strong voice, including the ability to remove a sitting president if they felt it was necessary. Continue reading →

Catawba Valley Community College vs. FIRE, Free Speech and Fairness

/ Jack Marshall / 13 Comments

Wait a minute...YES! It's FIRE to the rescue!!

Will someone please  tell me what is going on with colleges and universities lately?

Has there been a collective nervous breakdown among administrators? Is the stress getting to be too much? As the walls close in, with institutions realizing that they are charging far too much for diplomas that neither signify knowledge nor enhance employability, are they abusing power in a futile effort to pretend they are in control of a deteriorating situation beyond their control? I don’t know, but thank heaven for the Foundation For Individual Rights in Education, whose mission of protecting students and academics from abusive restrictions on their rights of free though and expression on university campuses is more crucial than ever.

FIRE’s latest rescue mission was on behalf of Marc Bechtol, a student at Catawba Valley Community College in North Carolina. In June, the College announced that all students would receive a CVCC branded Debit Mastercard according to the institution’s partnership with Higher One, a financial services company. The debit card also serves as the official student ID, so there was no way to opt out of the arrangement. In order to activate his card, Bechtol and other students were required to supply their Social Security numbers, dates of birth, and student numbers. Bechtol smelled a rat, and he has a good nose: this arrangement may be legal, but it is unethical. The school is forcing students to do business with a for-profit entity that will have access to sensitive and personal data. Bechtol objected to CVCC and Higher One  marketing its checking accounts through emails to students, making claims that they would get their tuition refunds and Pell Grants faster if they opened Higher One accounts.  One such email had the subject line, “Want your refund? Activate your CVCC Onecard today!”

After Bechtol activated his own debit card, he said he received a marketing phone call from Orchard Bank, trying to get him to apply for a credit card—smoking gun evidence that his proprietary information, forced out of him by his college, was being sold to marketing firms. Annoyed, Bechtol sharply criticized CVCC’s unethical partnership with Higher One on the school’s Facebook page, writing “Did anyone else get a bunch of credit card spam in their CVCC inbox today? So, did CVCC sell our names to banks, or did Higher One? I think we should register CVCC’s address with every porn site known to man. Anyone know any good viruses to send them? …OK, maybe that would be a slight overreaction.”

One week after posting this, Bechtol was taken out of a class by the CVCC Executive Officer of Student Services and told that he would not be permitted to return. Continue reading →

Roger Williams, Consequentialism, and “Born Free”

/ Jack Marshall / 4 Comments

Roger Williams in his 80's. Take THAT, Drake!

Roger Williams, the pianist whose hit renditions of songs like “Autumn Leaves” and “Born Free” are pop culture generational touchpoints, died this week. One item in his obituary has double ethical significance:

“While majoring in piano at Drake University in Des Moines, he began developing a style that was a fusion of jazz, classical and pop. When a school official overheard him playing the tune “Smoke Gets in Your Eyes,” he was expelled because the school had a “classics-only” policy…”

It is both encouraging and depressing to learn that school administrators were just as doctrinaire, unreasonable, unfair, incompetent, stupid and willing to abuse their power while playing with the lives of young people back in the 1940’s as they are today—encouraging, because that generation seems to have come through it pretty well; depressing, because this field appears to have a flat learning curve.

Mainly, however, Williams’ run-in with music snobs at Drake beautifully illustrates what is wrong with the consequentialist argument that we should assess the ethical nature of an act based on its consequences. Continue reading →

Ethics Dunce: Parasole Resteraunts in Minneapolis

/ Jack Marshall / 6 Comments

Back to the good old days!

Ah, nostalgia! It’s nice to see that some corporations have the respect for history and tradition to emulate, even in these difficult times, the robber baron mentality of America’s past.

The  Minneapolis company Parasole Restaurants, which operates a chain of popular eateries with names like Chino Latino, Good Earth, Il Gatto, Manny’s Steakhouse, Uptown Cafeteria and Sky Bar, accessed its inner capitalist pig and decided that the best way to offset an increase in the cost of doing business was….to steal a portion of its waiters’ tips.

Servers at Parasole restaurants received word last week that they’ll have to give up 2% of their credit card tips to their employer. The Parasol suits explained the move as being necessary due to the combination of rising credit card use by customers and higher fees from banks. Continue reading →

Comment of the Day: “The University of Wisconsin’s Lesson: Ignorance + Political Correctness = Repression”

/ Jack Marshall / Leave a comment

Michael posted the Comment of the Day (though I am posting it here a day late), discussing the plight of the U. of Wisconsin professor whose “Firefly” poster was deemed to create an unacceptable risk of violence. Here is his perceptive addendum to  The University of Wisconsin’s Lesson: Ignorance + Political Correctness = Repression:

“I think you are missing another force at work here: the bureaucracy . They have gladly embraced the political correctness of the liberal majority on campus, not because they necessarily believe in it, but because it lets them have power. There is a wonderful quote from P.J. O’Rourke on this, “bureaucracy is attractive because it gives every piss-ant an anthill to piss from”. Chief Walker got to exercise arbitrary and petty authority in tearing down the posters. People who enjoy the exercise of unrestrained power over people are attracted to such positions. By challenging her, Miller was challenging the entire bureaucratic ruling class of the university, and that couldn’t be allowed. From that moment on, he was going to be picked on and subject to unreasonable scrutiny, subjected to endless requests to comply with the most outrageous interpretations of every University regulation. He will be subjected to endless meetings to explain and justify every time he goes to the bathroom before a “Hearing consisting of both faculty and administrators”:

“Section IV, paragraph 5 of the faculty clearly state that “when not teaching, faculty should be available to students”. By using the men’s room, you were unavailable to female students. This was a blatantly sexist act of your part and under my authority as gender relations officer are ordering you to attend sensitivity training.”

Ethics Hero and Artistic Champion: Stephen Sondheim, Defending “Porgy and Bess”

/ Jack Marshall / 11 Comments

Steve has your back, George.

I read with horror last week that the Gershwin estate, lured by the temptation of an increased revenue stream from the works of their more talented forebears, have agreed to allow director Diane Paulus and the playwright Suzan-Lori Parks to mess with ( that is, “improve”) “Porgy and Bess,” the classic 1935 opera that is one of the towering works in the history of American musical theater. This is, of course, vandalism in the name of ego and commerce, and a full-fledged assault on the masterpiece of not one but four great artists: the Gershwins, George and Ira, and the Heywards, Dorothy and DuBose, who wrote the novel and the play the opera was based on.  It is also stunning disrespect and abuse of power, with the living director and adapter wielding the power of celebrity and influence, and the dead artists retaining no power at all (being dead), having unwisely entrusted the protection of their legacies to greedy and tasteless relatives all too willing to sell out their kin for thirty pieces of silver.  Now, as the New York Times reported, the creators of the New Improved Porgy and Bess are readying new scenes, jazzed up dialogue, back-stories for the characters and an upbeat ending.    

This, as you might imagine, struck to the core of my work as an ethicist and in my position as the co-founder and artistic director of a  professional theater devoted to classic 20th Century stage works. I began to prepare a post on the rape of “Porgy and Bess,” but was distracted by other matters, and didn’t get the piece finished.

That was lucky. I should have remembered that Stephen Sondheim, the only musical theater artist alive who can claim the right to be mentioned in the same breath as George Gershwin, had extolled “Porgy and Bess” as the very greatest American musical in his autobiographical work, “Finishing the Hat.”  Needless to say, Sondheim is an authority on these matters, and also an artist who can appreciate what Paulus and Parks are doing to his colleague, peer and fellow geniuses, the Gershwins. On top of that, he has the wit and rhetorical skills to defend the rights of artists and dissect the rationalizations of vandals like few others.

And he did. John Glass of Drama Urge kindly alerted me that Sondheim has written a letter to the New York Times explaining…not arguing, because there is no argument…why the new “Porgy and Bess” is wrong.  Here it is; you just can’t do it better than this: Continue reading →

The Tricky Ethics of Trading Sex For Tuition

/ Jack Marshall / 9 Comments

 

It's not generally known, but Anna Nicole Smith initially hooked up with billionaire husband J. Herbert Marshall so he could pay her tuition at MIT.*

Seekingarrangement.com is undoubtedly an unethical website. The question is how unethical, and that is why I’ve taken longer than usual to write about it, and the social phenomenon it and other websites are fostering.

The site is per se unethical because it facilitates adultery, infidelity and improper workplace conduct, by definition and unequivocally, convicted by its own words:

“Rich and successful. Single or married, you have no time for games. You are looking to mentor or spoil someone special — perhaps a “personal secretary”? secret lover? student? or a mistress for an extra-marital affair?”

Based on this alone, Seekingarrangement.com is Ashley Madison (the adultery website) all over again. Case closed, no appeal. A website is unethical when it endorses, encourages, and assists in dishonest conduct that is guaranteed to cause harm to third parties. The “consenting adults” argument doesn’t work, and doesn’t apply, when the adults are consenting to something that violates commitments, agreements and promises made to other parties who don’t have the option of consenting.

Seekingarrangement.com, however, became the topic of much debate this month for another reason: its use by desperate students, aspiring students or indebted graduates to pay their college tuition. In this it is like the more specialized Seektuition.com, which is solely devoted to matching horny, rich, developmentally retarded and presumably repulsive older men who can’t find real relationships to hot, poor, young women willing to exchange their bodies and dignity to  “help sponsor” their “ dorm rent, books, or provide assistance for tuition.” (“Perhaps even take you shopping for those new clothes you want to impress your sorority sisters!”). The Huntington Post broke the story, telling the tales of both students who “hook up” with wealthy, older men over the internet using Seekingarrangement.com and similar sites, have sex with them, and get tuition money or tuition loan repayment funds in return, while the wealthy men gladly pay big bucks to have an evening of passion with a co-ed and some Viagra. Continue reading →

Now THIS is Sexual Harassment!

/ Jack Marshall / 5 Comments

The Arizona Supreme Court has both censured  former municipal court judge Theodore “Ted” Abrams, prohibiting him from serving as a judge again, and disciplined him as an attorney, suspending his law license for two years. Why, you may well ask?

Well, it seems that before he resigned as a judge there was  a bit of a woman problem: if an attractive woman appeared before Abrams as an attorney, she had a problem.

The State Bar of Arizona determined that Abrams, while serving as a judge, “engaged in a prolonged and relentless effort to sexually harass a female assistant public defender who appeared in his court,” as well as, “in a gross misuse of his power, … inflict[ing] his retribution from the bench for the victim’s refusal to yield to his pursuit.”  Over a 14-month period, Abrams sent the woman at least 28 voice mails and 85 text messages, many of which were sexually overt, including one in which he described a sex act he wanted to perform on her. He repeatedly pressured the lawyer for sex, made slurping noises—I’m pretty sure there is something in the judicial code of conduct that prohibits that-– and once fondled her buttocks. Continue reading →

Incompetent Elected Official of the Month: Tennessee State Rep.Joe Armstrong

/ Jack Marshall / 20 Comments

SEDITION!

In a “who most deserves to have to resign?” contest between Tennessee State Rep. Joe Armstrong and sexting New Jersey County Commissioner Louis Magazzu,  Armstrong wins by a lap. The University of Tennessee bookstore has pulled a brand of novelty breath mints from its shelves, in compliance with a request from Armstrong, a loyal and incompetent Democrat. The mints  lampooned President Obama. They were packaged in tin cans with an  image of Obama and the motto, “This is change? Disappoint-mints.” The horror.

Armstrong said that the mints were offensive. Oh weally? Izzums wittle feewings wounded because evewyone doesn’y wuv your bewuvved weader? Continue reading →

Judicial Non-Ethics, Pennsylvania Division: Now THAT’S a Conflict of Interest!

/ Jack Marshall / 7 Comments

The judge apparently found the meter to be in contempt of court.

Lancaster, Pennsylvania District Judge Kelly Ballentine dismissed several of her own parking tickets and an expired registration ticket within the past year, according to court records.

“According to the state Judicial Conduct Board’s rules, district judges should disqualify themselves in proceedings where they are a party,” notes the news report.

Yes, I rather think that’s a good idea, don’t you?

It appears that Judge Balentine’s colleagues understand this not-so-fine point of conflict of interest principles and basic ethics: a check of court records with regard to all of the county’s district judges revealed that those who had parking or traffic tickets had another magisterial judge handle their cases at the district court level. Sometimes we hear objections to court proceedings in which a judge over-stepped his or her proper role and became de facto “judge, jury, and prosecutor.” A judge serving as judge, defendant and defense attorney, however, is much, much worse. Continue reading →