due process

KABOOM! ARGHHH! How Can This Happen In The United States? How Can Any University Think This Is Legal, Fair, Ethical Or Rational? How Can A UNiversity That Acts This Way Be Trusted To Teach Anyone Anything, Other Than How To Be A Fascist?

/ Jack Marshall / 38 Comments
Thank-you, University of Tulsa...

Thank-you, University of Tulsa…

I really didn’t need another KABOOM! so soon after the last one.

From The Foundation For Individual Rights in Education, with my brainless reactions in bold and brackets:

TU suspended student George “Trey” Barnett last October for three Facebook posts [ It’s unethical and probably illegal to punish Barnett for his own Facebook posts…] published by his husband that criticized another student and two TU faculty members. […but it is beyond belief for the school to punish him for what someone else, regardless of who, posts to his page.] None of the Facebook posts came from Barnett’s account; the statements were posted by his husband, who either tagged Barnett or posted them directly to Barnett’s Facebook page. Barnett’s husband later submitted a sworn affidavit attesting to his sole authorship of the posts. Nevertheless, shortly after TU professor Susan Barrett filed a complaint against Barnett arguing that Barnett could not “avoid responsibility” because someone else was responsible for the posts. [This is Kafaesque. Do these even people know how Facebook works? ] TU Senior Vice Provost Winona Tanaka imposed eight restrictive interim measures against Barnett. The sanctions included suspending his participation in certain courses and activities and even barring him from speaking about certain individuals. [University administrators can not bar whom a citizen may speak to; only judges can do things like that, and only rarely.]

Without affording him the hearing he was entitled to under TU’s University Student Conduct Policies & Procedures, and despite his husband’s affidavit, Tanaka found Barnett responsible for “harassment.” Tanaka also found Barnett guilty of retaliation and violating confidentiality requirements for speaking about the disciplinary charges with his husband—who was also his exculpatory witness. [ What??? WHAT??? Due Process? Rights of the accused? Procedures? Policies? ]

Less than two months before Barnett was set to graduate, Tanaka not only suspended him until at least 2016 but also permanently banned him from receiving a degree in his major even upon his re-enrollment. Barnett was forced to wait two months for TU to respond to his appeal, which the university summarily denied on January 9 without explanation—leaving Barnett unable to earn his theater degree as planned. [ All of this for what someone else wrote on the student’s Facebook page! My key question in ethics scenarios is “What’s going on here?” What’s going on here? I have no idea. An illicit relationship between the apparently fat faculty member Barrett and Tanaka? Insanity?]

…TU has also threatened … its independent student newspaper, The Collegian, which this week reported on Barnett’s suspension and criticized his treatment. The Collegian reports that after contacting TU administrators for comment, student reporters were told by TU’s director of marketing and communications that if “anything that the university deems to be confidential” is “published or shared, (that) could violate university policies.” The university refused to explain what might constitute “confidential” information and, come press time, the journalists were unsure what action the university might take against them. [ OK, let’s just stipulate that the University of Tulsa doesn’t accept the principles underlying the First Amendment. I will await its next abuse of power being aimed at impending worship requirements and a ban on assembly.]

Continue reading →

Instant Ethics Train Wreck: The Alabama Gay Marriage Stand-off

/ Jack Marshall / 54 Comments
What does Dred Scott have to do with the Alabama gay marriage mess? Absolutely nothing.

What does Dred Scott have to do with the Alabama gay marriage mess? Absolutely nothing.

This summer, the Supreme Court will again take up the issue of the Constitutionality of state gay marriage bans, having left the question open (why, I don’t know) after striking down the Defense of Marriage Act in 2013. Since that ruling, the states have been busy little bees, some passing laws banning same-sex marriage, some doing the opposite, then fighting out multiple appeals at various levels of the judicial system. Three things are certain: the cultural and legal acceptance of same-sex marriage looks unstoppable; all states need to agree on what a legal marriage is; and some faith-based same-sex marriage opponents will not give in until the last dog dies.

Beginning at the end of last week, a messy situation in Alabama involving all of these factors burst into a full-fledged ethics train wreck. The links in this post will let you immerse yourself in the mess if you choose: I’m going to try to be clear. Here is what has transpired so far:

1) A federal judge, District Court Judge Callie V. Granade,  struck down the state’s ban  on same-sex marriages in January and said that Alabama could start issuing licenses last week unless the U.S. Supreme Court stepped in and stayed her order. A stay was immediately requested by the Alabama Attorney General, who properly defended the state’s law.

2.) The 11th Circuit Court of Appeals refused to step in and stop her order from going into effect.

3) The U.S. Supreme Court also refused the stay request, allowing marriages to proceed in Alabama.

4) Roy Moore, chief justice of the Alabama Supreme Court, reminded everyone that probate judges report to him, not the federal judge and not the Attorney General, and do not have to issue marriage licenses to gay couples until he tells them to. He told them not to.

5) Some Alabama probate judges followed Moore, and some went ahead and issued the licenses. Mass confusion reigned.

6) Meanwhile, the refusal of the U.S. Supreme Court to issue a stay pending its ruling on state same-sex marriage laws later this year was widely interpreted as tantamount to SCOTUS deciding the case before it was even argued.

7) Justice Clarence Thomas, in a dissent from the  majority’s rejection of the stay (we don’t know what the vote break was), argued that “This acquiescence may well be seen as a signal of the Court’s intended resolution of that question. This is not the proper way to discharge our . . . responsibilities.”

8) Justice Ruth Bader Ginsberg, meanwhile, appeared to endorse gay marriage in an interview.

9) Attempting to break the impasse, U.S. District Judge Callie V.S. Granade ordered Mobile County, Alabama to start issuing marriage licenses to same-sex couples, paving the way for resistant officials across the state to follow suit, in a decision stating that the state’s ban on same-sex marriage had been struck down and that ­Mobile County’s probate judge had to adhere to that decision.

10) Chief Justice Moore remains unmoved, but now most of the probate judges are following the federal order.

Got that?

Good, now you can explain it to me.

What a mess.

Here are the ethics verdicts on the participants so far: Continue reading →

On The Other Hand, Libertarians Have Good Reasons To Distrust The Government, Like Washington’s 520 Bridge Toll Trap

/ Jack Marshall / 10 Comments

SR-520-toll-signNicola Livic, of Redmond, Washington  has a transponder on his car that is linked to a credit card that automatically pays his tolls when he crosses Washington’s floating Highway 520 Bridge. His credit-card number was changed by his bank due to a fraud threat, so his online account stopped working.

The motor-vehicle department also had his mailing address wrong, so when it tried to alert him that his tolls were in arrears, the letter ended up who-knows-where. Meanwhile, fees and fines were added, and compounded. By the time Mr. Livic realized the problem, he owed $3,545 to the state, less than $300 of which were the tolls.

He appealed the bill at the state Department of Transportation (DOT), and was told, in essence, “Tough.”

He is not alone. The system, in which a photo of a vehicle is taken as it crosses the bridge and the owner is billed, but without subsequent warnings or reminders if payment is overdue, is guaranteed—a conspiracy theorist would say designed— to generate snafus that the citizen is always going to pay for, and through the nose. The fine on each missed four dollar toll is $40, and over time, the fines turn into multi-thousand-dollar collection actions. Appeals go to an administrative review system set up by the transportation agency itself. This is what we commonly call  “a conflict of interest.” The state makes an average of $65,000 just in fines on the 520 bridge tolls each day. It loves this system. Continue reading →

The Sixth Annual Ethics Alarms Awards: The Worst of Ethics 2014 (Part 2)

/ Jack Marshall / 21 Comments

Rice and Janay

Ethics Corrupter of the Year

(Awarded to the unethical public figure whose prominence, popularity and success most corrupts the public’s ethical values)

Janay Palmer Rice, beloved punching bag of NFL star Ray Rice, who was caught on camera smooching with her man shortly after being cold-cocked by him in a hotel elevator, married him, and has repeatedly defended her husband, prompting confused female pundits to defend her. She is not only the embodiment of Rationalization #42. The Hillary Inoculation, or “If he/she doesn’t care, why should anyone else?”, she is also a good bet to get some young women killed by giving them a role model who stands for standing by your abusive man with the hard right hook.

Double Standard Of The Year

In a year of double standards, the treatment of soccer star (and accused child abuser) Hope Solo by her sport, feminists, the media and the public takes the prize. The standard, as I understand it, is that big, strong female athletes can beat up smaller, weaker family members with impunity, and it’s no big deal, but when a male athlete does the same, he is scum. Got it.

Uncivil U.S. Official of the Year

Victoria Nuland, Assistant Secretary of State for European and Eurasian Affairs and the top American diplomat in Europe, was caught saying in a viral Youtube video saying “Fuck the EU.”  Now that’s diplomatic. Of course, she wasn’t fired, because she works for the Obama Administration

The Jesse Jackson Award 

(For the Year’s Worst Amateur Diplomat)

mo_selfie_lg

First Lady Michelle Obama, who helped her husband make the U.S. look weak and ineffectual (he needs no help), by engaging in this ridiculous effort at hashtag diplomacy. Those kidnapped girls were never found, and Boko Haram, the Nigerian terrorist group that took them, I learned today, just killed a reported 2000 more victims. Time for another sad picture, Michelle!

Most Unethical Sports League

The NFL, last year’s winner, was even more unethical this year, with the Ray Rice and Adrian Peterson fiascos, Commissioner Roger Goodell showing no innate instinct for right and wrong and both the league and its teams making up rules and policies according to talk show calls, polls and wet fingers in the air. Meanwhile, it’s still making billions paying young men to lobotomize themselves. What a great sport.

Sports Cheat of the Year

Alex Rodriguez, suspended Yankee star, had denied, denied, denied, threatened to sue Major League Baseball and the union, and insisted that he had not, as an investigation had determined, used performance enhancing drugs supplied by Biogenesis. Then, just as his season-long suspension was lifted, it was revealed that A-Rod had, under oath, admitted using steroids from 2010 to 2012.

Annual Sports Ethics Controversy That Gets Worse Every Year

Steroid cheats (like Rodriquez) and their fitness for admission to Baseball’s Hall of Fame

Unethical Lawyer of the Year

Michael Fine, the Ohio lawyer who allegedly hypnotized female clients in order to sexually molest them.  Runner Up:  Alexa Van Brunt. She didn’t do anything unethical; she just advocates ethics rules that would eliminate the core of legal ethics, proving that she doesn’t understand her own profession.

Unethical Judge of the Year

judge_mccree

Wade McCree, the handsome devil pictured above (he circulated this selfie), who, presiding over a felony child-support case, conducted a secret sexual relationship with the woman seeking support from the defendant. This was just the latest of his embarrassments.  Runner up: Texas District Judge Jeanine Howard, who handed down a stunningly lenient sentence of probation and 250 hours of community service at a rape crisis center for a man who confessed raping a 14-year old girl at her school.

 

Unethical National Broadcast Journalist Of The Year

CNN’s Carol Costello. She was biased, smug and incompetent all year long, but reached her nadir when she gleefully played a recording of Bristol Palin explaining to police how she had been assaulted, saying to her viewers, “You can thank me later.” She refused to apologize on the air, or to Palin. Continue reading →

Observations On The ACLU And “Grand Juror Doe’s” Power Play

/ Jack Marshall / 33 Comments
Juror Doe now, but trying to become a household name...

Juror Doe now, but trying to become a household name…

In a move that tarnishes the reputation of the ALCU and reveals the deep ideological bias in its ranks, the Missouri chapter of the esteemed organization has encouraged a Ferguson grand juror to sue in order to end the lifetime ban on grand  jurors revealing what occurs during proceedings, allowing the juror to become a media star and, presumably, undermining the credibility of the deliberations that resulted in no indictment against Officer Wilson for his fatal shooting of Michael Brown.

Observations:

1. Grand jury proceedings have to be confidential, or the system will not work (yes, it worked as well as it possibly could have in Ferguson.) Secrecy prevents those who are being investigated from interfering with witnesses and otherwise tampering with and attempting to corrupt the investigation. It protects witnesses who might be reluctant to testify if they believed their comments would be made public. It decreases the likelihood that one who is about to be indicted by a grand jury will flee and thereby avoid being brought to trial on those charges. It also protects innocent individuals whose names may be implicated in a grand jury investigation but who will never be indicted.

2. The prohibition on participants in grand jury proceedings revealing what occurs there is not a restriction on free speech any more than a government employee being prohibited from revealing national security information. This is a necessary restriction based on due process and the functioning of the rule of law, and grand jurors agree to the prohibition as a condition of service.

3. The ACLU is grandstanding for its progressive, civil rights zealot fans and contributors. This is an irresponsible case: if it prevailed, the justice system would be thrown into chaos.

3. If even one grand jury is able to have the ban on secrecy lifted, every grand jury will labor under the fear of those involved that jurors will speak to the media and reveal harmful details. I will be shocked if the ACLU lawsuit succeeds. I think it is a frivolous suit, and a violation of legal ethics Rule 3.1 that prohibits such actions.

4. The grand juror who is seeking the lifting of the ban has arguably already revealed more than he is allowed to do legally under the law, which prohibits disclosing “matters occurring before the grand jury.”

5. The supposed explosive revelations the juror wants to expand upon are nothing at all, just ignorant and biased complaints that have already been thoroughly explored and debated by legal experts. The likes of progressive website Think Progress falsely represents the juror’s views as “significant” because progressives so, so desperately want to prove that Michael Brown was executed by a racist cop who was corruptly exonerated by a biased prosecutor. But as Gertrude Stein said of Oakland, there is no there there.

Here are Grand Juror Doe’s “concerns”: Continue reading →

Banning The “Gay Panic Defense”

/ Jack Marshall / 29 Comments

Last year, the American Bar Association House of Delegates passed a controversial resolution calling on states to ban the so-called gay panic defense. The defense arises (when it does arise, which is rarely), in cases of a heterosexual accused of an assault on a gay individual when the defense attorney argues that his client was so shocked and terrified by a homosexual advance of a romantic or sexual nature that he was overcome with disgust, anger and fear, and was launched into a psychotic state that compelled violence. Many judges refuse to allow it, because there is no accepted scientific evidence that “gay panic” exists as a legitimate prelude to temporary insanity.

The ABA resolved:

 That the American Bar Association urges federal, tribal, state, local and territorial governments to take legislative action to curtail the availability and effectiveness of the “gay panic” and “trans panic” defenses, which seek to partially or completely excuse crimes such as murder and assault on the grounds that the victim’s sexual orientation or gender identity is to blame for the defendant’s violent reaction.

Such legislative action should include:

(a) Requiring courts in any criminal trial or proceeding, upon the request of a party, to instruct the jury not to let bias, sympathy, prejudice, or public opinion influence its decision about the victims, witnesses, or defendant s based upon sexual orientation or gender identity; and

(b) Specifying that neither a non – violent sexual advance, nor the discovery of a person’s sex or gender identity, constitutes legally adequate provocation to mitigate the crime of murder to manslaughter, o r to mitigate the severity of any non – capital crime.

It should be no surprise that California was the first state to follow this plan, with Gov. Jerry Brown signing an anti-gay panic defense bill into law in September. Now New Jersey has a similar law under consideration. Continue reading →

Unethical Quote Of The Month: Sen. Claire McCaskill (D-Mo)

/ Jack Marshall / 17 Comments

“Frankly, it is irritating that anybody would be distracted by which statistics are accurate.”

—Sen. Claire McCaskill (D-Mo), in response to Justice Department statistics that show that the “1 in 5 women will be raped on campus” statistics cited by her and other elected officials and women’s rights advocates were not just inflated, but ridiculously so.

"1 in 5! That's outrage..what? It's NOT 1 in 5? It's more like 1 in 200? OK, now let's not get hung up on statistics..."

“1 in 5! That’s an outrage..what? It’s NOT 1 in 5? It’s more like…1 in 200? OK, now let’s not get hung up on statistics…”

Yes, Senator, isn’t it irritating when stubborn facts interfere with ideological narratives?

Yet it is not half as irritating as knowing that we have so many elected leaders who think like McCaskill. That 20% statistic has been used by the Obama Administration to bully colleges into removing due process and fairness from campus sexual assault allegations, and to push the false impression on the public that there is a rape epidemic, when in fact the incidence of rape, on campus and elsewhere, has fallen precipitously.

In September, when President Obama announced his “It’s On Us” initiative to address college sexual assault, he said that “an estimated 1 in 5 women has been sexually assaulted in her college years—one in 5.” Like the infamous “women make only 77% of what men are paid for the same job” fake statistic that Democrats and women’s rights advocates still repeat despite definitive debunking, it is a number designed to fool the gullible and satisfy those infected by confirmation bias, but it is much, much worse. The recently Justice Department statistics on rape and sexual assault on college age females showed that the chances of a women being raped on campus was 6.1 per thousand, juuust a bit less, at .61 %, than the 20% figure touted by Obama and McCaskill. Continue reading →

Journalism Ethics Reality Check: What The Entire News Media Did To Darren Wilson With Dorian Johnson’s “Hands Up” Story Is EXACTLY Like What Rolling Stone Did To UVA With “Jackie’s” Rape Account, Just Worse.

/ Jack Marshall / 8 Comments

Am I the only one who sees this?

Two train wrecks, same track...

Two train wrecks, same track…

I discern that I was too subtle—imagine that!— when I wrote,

In light of all this, it seems that women really have done a relatively poor job at intimidating the left-biased media as well as its progressive pundits and elected officials. If they had sufficiently pressured journalists into believing that to challenge their accounts of rape, substantiated or not, was proof positive of malicious animus, like the civil rights machine has regarding narratives of police racism, they could depend on much of the media continuing to repeat the Rolling Stone account as truth even if it is completely discredited. This is, after all, what we are witnessing right now, as the recent grand jury decision in the Eric Garner death has allowed columnists, reporters, and broadcasters—and thus protesters and politicians—to continue to represent what happened to Michael Brown as if Dorian Johnson’s discredited description of his friend’s death was fair, accurate and unbiased.

So let me be clear….

We are told the the news media is furious with Rolling Stone over its discredited and anonymously sourced gang rape accusation against the University of Virginia’s chapter of the Phi Kappa Psi fraternity. Why is it not similarly critical of itself for publicly and far more widely accusing a single, named Ferguson police officer, Darren Wilson, of a race-motivated, cold-blooded execution of an unarmed man based on the allegations of Dorian Johnson? They are, from a journalism ethics perspective, equally irresponsible and unprofessional, and predictably more harmful. It is, we can stipulate, worse for a police officer to be accused of first degree murder than for unnamed members of a fraternity to be accused of rape.

Note:

1. Both Rolling Stone and the mainstream media were eager to accept the stories being told as fact because of their own ideological biases.

Rolling Stone is committed to the current campaign of the left to portray college campuses as perpetuating a “rape culture.” The mainstream media, as it had already proved in its slanted and incompetent coverage of Trayvon Martin’s death and the trial of George Zimmerman, is a shameless ally of the cynical Democratic Party’s tactic of representing the nation as racist. Continue reading →

Unethical Tweet Of The Month (Or Eternity?), “Jackie’s” UVA Gang Rape Ethics Train Wreck Division: Melissa McEwan

/ Jack Marshall / 17 Comments
Melissa McEwan's profile photo. I'm not going to say a thing. No, really. Not a thing.

Melissa McEwan’s profile photo. I’m not going to say a thing. No, really. Not a thing.

“I can’t state this more emphatically: If Jackie’s story is partially or wholly untrue, it doesn’t validate the reasons for disbelieving her.”

— Melissa McEwan,  feminist proprietor of @Shakestweetz, an-all tweet blog, responding to the meltdown of the Rolling Stone story accusing a University of Virginia fraternity of gang rape.

Look, I’m not going to insult you by explaining what’s wrong with the assertion that those accusing others of horrific crimes shouldn’t be held to strict standards of credibility.

What is more significant than McEwan or her tweet is that this frightening and dangerous state of denial is moving from the status of self-evidently insane to acceptable. As I suggested in the previous post about the Rolling Stone retraction of its explosive story by Sabrina Rubin Erdely, the Ferguson demonstrators, the “Hands up!” protestors, the Congressional Black Caucus, and  pundits like Eugene Robinosn who are still arguing that Officer Wilson should be indicted are doing essentially the same thing. Having decided that the Ferguson narrative pressed by civil rights activists communicated a deep truth about America, they refuse to accept that it was false even in the face of overwhelming evidence because they are intellectually and emotionally committed to that “truth.”

The tweet also forces me to upgrade the Rolling Stone fiasco to Ethics Train Wreck status. Continue reading →

The “Rolling Stone” UVA Gang Rape Botch

/ Jack Marshall / 52 Comments
Student protest against campus rape at UVA. And if the rape didn't happen? Take a cue from the "hands up!" crowd: keep protesting. The news media won't notice.

Student protest against campus rape at UVA. And if the rape didn’t happen? Take a cue from the “Hands up!” crowd: keep protesting! The news media won’t notice.

Hardly making it to the headlines (except where I live) is the latest example of 1) irresponsible journalism and 2) the results of the Obama administration threatening colleges with sanctions of they don’t presume every male student accused of sexual assault is guilty.

On Nov. 19, Rolling Stone published a sensational report—sensational, mind you—by reporter Sabrina Rubin Erdely, telling the tale of a vicious  gang rape at the  Phi Kappa Psi fraternity at the University of Virginia. The victim and the source of the story, a young woman called “Jackie,” said that in 2012 she was forced into a room in the fraternity  and raped by seven men, as her date and another man  cheered her assailants on.

In response to the uproar triggered by the story, the university, which was loathe to be a target of investigations and sanctions by the Obama administration if they did not act with appropriate haste and severity,  suspended all the campus fraternities until January as the media went into a feeding frenzy. Meanwhile, the alleged crime is under investigation by local police. [UPDATE: Here is a call to suspend the UVA President Teresa A. Sullivan:  “Her decision was arbitrary, rash and wrong. Even Delta House got some semblance of a trial in the movie, ‘Animal House.'” I do not disagree.]

Several journalists diplomatically raised questions about the account, especially the fact that the story was often phrased in terms that left  no hint that these were allegations only. In an environment where the party in control of the White House maintains that any hesitation to regard a rape accusation as inherently reliable is proof of a “war on women,” one unnamed woman’s  unconfirmed accusation presented as truth by a female reporter was sufficient to trigger adverse consequences for male UVA students with remarkably little reflection: this was unfair, an example of punishing all the horses because someone said that one of them left the barn.

It should be no surprise that the other shoe has dropped. Continue reading →