Tag Archives: “believe all women”

Ethics Quiz Of The Day: What’s None Of Harvard’s Business?

Now we own you.

Boy, Harvard is getting like the Candyman (no, not Willy Wonka, the horror movie version): mention its name enough times, and it appears behind you, with mayhem on its mind.

A case filed in federal court by a Harvard University student, “John Doe,” argues that the school overstepped  its authority by investigating him for a rape allegation lodged by a non-student in a city where police declined to prosecute. He contends that Harvard did not have the authority to open an investigation into sexual assault allegations levied by a non-Harvard student regarding an incident that did not take place on University property. “Doe” demands that Harvard end the investigation and pay him $75,000 in damages, as well as compensate him for any costs incurred during litigation.

Doe’s suit states that, during summer 2017, Doe and “Jane Roe” ( the unnamed woman he allegedly raped) were both working internships in Washington, D.C. The D.C. Metropolitan Police Department investigated the alleged assault but ultimately decided not to prosecute the case. “Roe” has filed a civil suit against the Harvard student.

The University’s Office for Dispute Resolution opened an investigation into Doe in October 2018

Harvard University’s policies related to sexual and gender-based misconduct, readable here, apply only to misconduct perpetrated by students while on campus or in connection with University-recognized activities. The  guidelines followed by the Faculty of Arts and Sciences are more expansive, as it states that the school  may hold all students to the expectation that they behave in a “in a mature and responsible manner” no matter where they are.

“It is the expectation of the Faculty of Arts and Sciences that all students, whether or not they are on campus or are currently enrolled in a degree program, will behave in a mature and responsible manner. Consistent with this principle, sexual and gender-based misconduct are not tolerated by the FAS even when, because they do not have the effect of creating a hostile environment for a member of the University community, they fall outside the jurisdiction of the University Policy.”

Whatever that means.

Meanwhile, new Title IX guidelines proposed by Education Secretary Betsy DeVos and released by the department last month stipulate that schools are not required to open investigations into alleged acts of sexual misconduct that took place outside the bounds of a school “program or activity.”

Doe’s suit charges Harvard with breach of contract and breach of covenant of faith and fair dealing. In allowing him to attend classes in exchange for “substantial amounts of money,” Harvard created a reasonable expectation that Doe would earn a degree from the school. One possible result of an ODR investigation would be expulsion.

“Harvard has breached, and is breaching, its contractual obligations by subjecting Mr. Doe to a disciplinary process that—in the ways, and for the reasons, set out above—is arbitrary, capricious, malicious, and being conducted in bad faith,” the complaint states. ODR informed Doe that the investigation is based on Roe’s allegations. In an email submitted as an exhibit in the lawsuit,  ODR’s senior investigator wrote that the College Title IX coordinator filed the case, then reached out to Roe to ask her to participate as a complainant in the investigation. Doe asked Harvard to temporarily suspend the investigation pending the results of Roe’s civil suit. Doe stated a simultaneous ODR investigation would have a “serious impact” on his ability to defend himself in the ongoing civil case, according to the complaint.

Harvard, noting that the D.C. police was not going to investigate the allegations, rejected the request.

Let’s put aside the law and Harvard’s policies for now, and stick to ethics.

Your Ethics Alarms Ethics Quiz of the Day is…

“Is it fair for a college to investigate alleged misconduct, including crimes, on the part of student, when the conduct occurs in a different city and local police have declined to take action?”

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Filed under Education, Gender and Sex, Law & Law Enforcement, U.S. Society

Analysis: Neil DeGrasse Tyson’s #MeToo Accusations And His Response

Oh, great…the Harvey Weinstein Ethics Train Wreck is still making stops and picking up passengers. This time the target is Neil deGrasse Tyson who someone, actually several somones, decided was a powerful man too full of himself who needed to be taken down a peg or sixty, and thus he has been accused–Democratic Senators would say “credibly” accused—of two episodes of sexual harassment and one rape. This is no trivial matter for Tyson, whose carefully constructed image as the new Carl Sagan is now in real danger. So is his job, his celebrity, his reputation and perhaps his marriage.

The three accusations belong in two boxes. The two sexual harassment claims may bolster each other, for harassing is an attitude, a habit, and a form of ethics blindness. Real harassers never do it just once. Rape is something else entirely, and, obviously, far more serious, since it is a crime.

Let’s examine each of the accusations, and Tyson’s defense, which he issued in a long Facebook post over the weekend.

Accusation #1:

Workplace Harassment: Hostile work environment and Unwanted sexual advances (2018)

Ashley Watson, who began a job as Dr. Tyson’s assistant on “Cosmos” in the spring, told an interviewer that on one occasion he asked if she would like to come to his home to share a bottle of wine and “unwind for a couple of hours.” She agreed to come in for one glass, she said, believing that they were going to talk about work and her future assignments.

Once in the astronomer’s apartment, she said, he told her that “as human beings, we all need release,” and asked if there were any “releases” she needed.  (Oh-oh!) As she began to leave a while later,  and he asked if she would let her show her  a Native American handshake.” This required clasping their hands together , finding the pulse on the other person’s wrist, and looking into each other’s eyes. (Super Oh-oh, and also “You’ve got to be kidding me.”) She says that it made her uncomfortable, and she broke it off after about 10 seconds.

As she was again trying to leave, she says Dyson commented, “I want you to know that I want to hug you so bad right now, but I know that if I do I’ll just want more.”

Then, the next day, he told her, “You say you want to be a producer, but it’s always going to be an uphill battle for you because you’re too distracting.”

She says told a supervisor ,a line producer,about what had happened, and that she was quitting.. The supervisor, asked Watson if she wanted to file a complaint. She said no. The supervisor suggested she tell her co-workers that she was leaving because of a family emergency, which she did.

Comment: If accurately described, this is slam dunk sexual harassment. The apartment visit is an extension of the workplace. If it is a veiled “date,” Tyson has crossed a line because he is the woman’s supervisor with hiring and firing power. She cannot consent meaningfully. The release comment, depending on the delivery and context, is creepy and plausibly sexual in intent, unless he also said, “Me? I like to watch baseball. How about you?” The “Native American handshake” sounds like a nifty version of the old “shoulder rub.” Now there has been touching, and forced eye-gazing. Ew. The last comment at the apartment  is also a sexual advance, especially in context with the rest.

Tyson’s Explanation: Not good. In his Facebook post,  Tyson described the handshake as one he uses “in appreciation of people with whom I’ve developed new friendships.” He said that at work, Ms. Watson freely offered hugs, which he typically rejected, but that on a few occasions, he “clumsily declared, ‘If I hug you I might just want more.’”

“My intent was to express restrained but genuine affection,” he wrote.

He also wrote that . Watson had come into his office after the incident in his apartment and told him she had been “creeped out.” He said he had “apologized profusely” and that she had accepted the apology.

Comment: Tyson’s defense is essentially “I didn’t mean anything by it, she construed it the wrong way, and anyway, she accepted my apology.” Those are three excuses, none of which carried any weight in sexual harassment cases. It’s what the harasser did, and how the harassed felt about it. His apology and her acceptance of it, even if true, doesn’t undo the event. The encounter and his words  made her uncomfortable working with him, and objectively, anyone can see why. It is also interesting that Tyson doesn’t deny the “release” conversation, or his later comment about her being a distraction.

Since Watson had to leave her job, this episode could justify a lawsuit for sexual harassment.

Accusation #2: Sexual assault (2009)

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Filed under Arts & Entertainment, Character, Ethics Alarms Award Nominee, Ethics Train Wrecks, Etiquette and manners, Facebook, Gender and Sex, Law & Law Enforcement, Romance and Relationships, Workplace

Comment Of The Day: “Ethics Quiz: The Good Hoax?” (2)

rape-on-campus

 

I still can’t sleep.

This is the second Comment of the Day on this October 18 post, a surprise one for Pennagain, since I didn’t even flag it at the time. Again, I’m sorry. I don’t know what was up in October; it also ended with the worst traffic here of any week for more than two years. Obviously, it was a protest over my dilatory posting of the fine work by my commenters.

This one is a triple COTD, made up of three by Penn, who properly raised the specter of Samantha Erdly in the context of hoax research. Erdley is the Rolling Stone journalist who inflicted the “Jackie” tale of an imaginary gang rape at the University of Virginia, an earlier assault of truth and due process by the “believe all women” crowd. (Ethics Alarms covered the episode in a series of posts.). I just re-read Pennagain’s comments, made in a discussion with Alizia Tyler, who earns an assist. Excellent observations, and a valuable assist in making sure this journalistic outrage is never slipped down the memory hole, as so many would love it to be.

Here is Pennagain’s Comment of the Day on Ethics Quiz: The Good Hoax?:

As far as hoax articles appearing in either reputable journals or popular publications (rarely the same thing), if I weren’t an atheist, I would damn them all to hell. What I have in mind as an example that should need no further elucidation here is the piece knowingly published by Rolling Stone that included the false rape stories and statistics responsible for poisoning much of a culture, not to mention its politics….

“In November 2016, a federal court jury found Samantha Erdely was liable for defamation with actual malice” and that “Erdely and Rolling Stone failed to engage in “basic, even routine journalistic practice”

Her background reveals a start in college, when her colleague Stephen Glass ‘threw a righteous fit’ after she and a another student “concocted a funny and obviously made-up travel story” for the school magazine.” [Glass, you may not know, later became nationally notorious for inventing false stories published as factual journalism in the highly respected The New Republic, seriously harming its reputation.] Erdely was obviously already toxic before she left school. If you’re curious, her Wikipedia bio contains descriptions of six other major rape stories she invented out of whole cloth and used to smear real people and institutions, articles that in at least two cases went up for major journalism awards. As a self-appointed expert in rape and bullying, her work went into GQ, The New Yorker, Mother Jones, Glamour, Men’s Health, Philadelphia, among other lesser magazines. She was believed. The more she got away with, the greater the lies she invented … until, after twenty wonderful years of conning millions of people, she got over-confident and lazy, and plagiarized a previous article of her own. Until someone finally noticed that the Rolling Stone piece bore too many similarities to another one to be coincidental.

For twenty years, from Philadelphia to Los Angeles, Seattle to Florida, she built a reputation for being the go-to journalist on the subject of rape. No one doubted her. Witnesses later spoke out using her writing as statistical evidence — women (and so many men who had been falsely accused) and feminists in particular — had absorbed every precious word – even against the evidence of their own knowledge and experience in the times and places Erdely was writing about.

A month ago, September 21, 2018, Rolling Stone was also found “liable for defamation.” It was noted in the case against Erdely that the magazine hadn’t been doing too well before they glommed onto that gem of Samantha, aka “Jackie,” the fictional rapee.

Last week’s headline: WaPo Reporter Is Tired of Being Reminded He Fell for Sabrina Rubin Erdely’s Hate Hoax So Badly He Called for Burning Down UVA Frat Houses

I now amend my description of the poisonous piece: It is a “hate hoax.”

No, Alizia, poisons do not, in general, lead to death. They lead to minor discomfort in some, and major permanent damage in others; some knock you on your ass right away, and some creep insidiously into your brain over months or years. The public remembers things they read and hear. They (I won’t say “we” because I became skeptical reader at the age of 12 after a defamatory article was published in a local newspaper concerning a friend of my family concerning something that happened while I was present and knew to be a lie. I had been visiting one of their children, a classmate, at the time the incident took place, or rather, didn’t take place. My testimony was taken down, along with his, not discounted, but the editor of the paper would not print a retraction because, he said, “we don’t want to confuse our readers; they expect the truth, and that is what we give them.” Our parents wanted that in writing; naturally, he refused.

I am convinced that what is presented in a plausible manner from an authoritative source (which could be the 10 o’clock news or a magazine with a reputation for having its journalistic thumb on the pulse of young America) is frequently taken in without the auditor, viewer or reader later recalling the source. If they didn’t question it in the first place, they not only don’t question it later, but, when challenged, they will deny or dismiss any correction out of sheer embarrassment, egotism, mental laziness or, in the case under discussion, because they want to believe it.

As has been pointed out in Ethics Alarms before, the left, on the whole, has taken the anomalous position of being at once both victim and dictator. Thus, the concept of a Rape Culture is heaven for them: they are, collectively, the injured parties … and the ones who injure, including any who are capable of doing injury, are now at their mercy — via 30-year-old wisps of memory, anonymous join-the-conga-line #MeToo-ers, a casual touch on the shoulder, or a dirty-dirty word in their ears. They feed on lies more than on facts – the truths are painful, but the lies are more … emotional, memorable, dramatic, arousing . . . . They need to feed the addiction even when they know it is poison…

The fact in this matter is that Erdely, falsely or idiotically or crazily or not, believed she was doing something fine and high-minded “for women,” and to alert a deaf public (and via that route influence authorities) that there was “a rape problem” that needed to be addressed. In her mind, the ruining of a single man (or a whole college fraternity) was insignificant in terms of getting her message “out there.”

In other words, her cover (if you will) was in presenting these gross exaggerations as hoaxes. I may have taken you in the wrong direction by quoting the court decisions concerning malicious intent. The articles undoubtedly did “malicious” damage. So where am I? What Erdely believed (and apparently still does) has been shown to be shared by much of the public touched by it — including a proportion of men who don’t understand they are simply seeing themselves as heroic exceptions, or else thinking they are disguising themselves to live in the midst of an Amazonian tribe that wants to cut their balls off (that was an irrelevant side-bar, sorry, I do that a lot, letting off steam). Here’s what happens when someone with a cause and a vague concept of how bad the situation is gets hold of what she thinks are solid statistics, intended as a righteous hoax: https://www.realclearpolitics.com/video/2014/12/06/msnbc_panelist_we_live_in_a_culture_that_hates_women.html

I rest my case.

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Filed under "bias makes you stupid", Comment of the Day, Education, Ethics Alarms Award Nominee, Ethics Train Wrecks, Gender and Sex, Journalism & Media, Research and Scholarship