Sexual Harassment, Cancellation Culture, Anonymous Accusers, And Placido Domingo

A report last week revealed that nine women accuse towering opera figure Placido Domingo of sexual harassment.  None of the accusations have been investiaged or substantiated, and only one of them isn’t anonymous. Yet two American institutions, the Philadelphia Orchestra and the San Francisco Opera, immediately canceled their upcoming concerts with him, giving the now-familiar “safe environments” explanation. None of. Domingo’s many upcoming scheduled performances in Europe were canceled, however, as sponsors took what the New York Times calls  “a wait-and-see approach,” or what used to be known in this country as “Let’s not punish someone based on unsubstantiated  accusations alone.” Or fairness. Due process. The Golden Rule.

There are countervailing factors pulling every which way. As I understand it, #MeToo  and “Time’s Up” insists that female accusers must be believed, unless the accused is the black, Democratic Party’s Lieutenant Governor of Virginia, or the harassment is caught on camera repeatedly, as in the case of the Democratic Party front-runner for President. In the arts, these allegations have had mixed effect. Conductor James Levine has not performed in public since he was fired by the Metropolitan Opera last year after accusations of sexually abusive and harassing conduct were substantiated in an investigation, but when Pixar chief and creative muse John Lasseter was fired for being a serial hugger (rather like that Democratic Party front-runner) he was rapidly snapped up by a rival studio that gave him as much power and more money. Go figure.

There is the anonymous factor: it is my long held position that an anonymous accusation relating to the workplace should be regarded as no accusation at all, meaning that there has been one allegation of sexual harassment against Domingo. An accused individual cannot address claims when he doesn’t know their source or facts. I have been the target of false anonymous accusations—not of harassment—in my career, and as a manager in various businesses and associations, I told staff that unless they were willing to go on the record with an accusation of wrongdoing, I didn’t want to hear it. It is too easy to destroy careers and reputations with false accusations with no accountability attached.

The other issue is the multiple accusation factor. In sexual abuse and harassment, there are no one-time offenders unless there has been a massive miscommunication. The typical scenario is that a single accusation triggers several, often many, more with near identical facts. This is why I did not believe Anita Hill and Dr. Blasey-Ford, and why I did believe Bill Cosby’s many accusers.

Timing is also important. Ancient accusations of sexual misconduct—I would say anything more than five years old is dubious—arriving after memories have faded, evidence has vanished and seemingly timed to do maximum damage to the accused should be treated with skepticism and a presumption of  bad will, especially when the accused is a public figure.

And yet… Continue reading

Ethics Quiz: The Firing Of Officer Daniel Pantaleo

The New York Police Department has finally fired Daniel Pantaleo, the officer shown on video with his arm bent around the neck of 43-year-old Eric Garner just before Garner died  after being tackled by five officers.  A departmental disciplinary judge recommended the action, and Pantaleo was suspended from duty pending further review.

“In this case the unintended consequence of Mr. Garner’s death must have a consequence of its own,” said O’Neill. “It is clear that Daniel Pantaleo can no longer effectively serve as a New York City police officer.” He also added, “If I was still a cop, I’d probably be mad at me.”

The Commissioner kept digging. Continue reading

Ethics Quiz (And Poll): The Cop And The KKK Application

Either our nation is committed to the principles of freedom of thought, speech, expression and association,  or it is not.

With that preface, here is the kind of gray area, bizarre fact pattern controversy that puts ethical analysis to the test.

In the Muskegon County (Michigan) town of Holton, African-American  Rob Mathias, accompanied by his wife and children, was walking through the home of Charles Anderson, a local police officer, with the intent of possibly purchasing it.  Then he saw a framed Klu Klux Klan application hanging on a wall, as well as several Confederate flags. He and his family immediately left the property.

Later he posted a photograph of the KKK application on Facebook, (above) explaining later that he felt it was something the public had a right to know about, especially if the officer had a history of questionable interactions with African Americans.  Mathias wrote that Anderson “was one of the most racist people” in the community and “hiding behind his uniform.” The post was also personal and threatening, concluding with “I know who you are and will be looking for resources to expose your prejudice.”

The Facebook post triggered an internal investigation of Anderson, and he was placed on administrative leave. “We do take this sort of issue, seriously, and we are working hard to understand if/how this may impact his ability to safely and fairly police our community,” Muskegon City Manager Frank Peterson reporters. Muskegon County NAACP President Eric Hood piled on, saying, “We want a thorough investigation to be sure that when he goes out there and puts on that uniform and performs his duties as an officer that he’s being fair and impartial.”

“I’m still disgusted by it. I’m hurt,” said Mathias “You can’t serve your community and be a racist. You can’t. There are people of all different colors, of all different nationalities … out there that you have to serve and protect. You can’t just protect one group of people.”

 Rachel Anderson, the officer’s wife, told reporters that her husband is not and never was a KKK member. She said he was a collector, and called the uproar a misunderstanding.

Mathias’ wife said in rebuttal,

“I like antiques, but I collect things that I represent. You can go in my basement, we have Detroit Lions, Red Wings, Michigan stuff, everything we associate ourselves with.So why would you collect something you don’t associate with yourself?” 

Your Ethics Alarms Ethics Quiz of the Day is…

Has this situation been handled fairly, responsibly and ethically? Continue reading

Every Day Ethics: The Case Of The Missing Pancakes

These are the ethics conundrums that drive me nuts.

After a very hard week, a large, late-arriving check from a client relieved our intermittent cash flow anxiety (“This is the life we have chosen!”—Hyman Roth), so we decided to indulge ourselves with a carry-out feast from the best Chinese restaurant in the area, the  Peking Gourmet Inn, famous for its Peking Duck and President George H.W. Bush’s frequent visits during his White House residency. I’d say it’s one of the three best Chinese restaurants I’ve ever had the pleasure to dine at, though it would be hard to top a little place we discovered in London, with this caveat: the Peking Gourmet egg rolls with garlic sauce are the best egg rolls I can imagine, and no, even that miraculous place in Kensington couldn’t match them.

But I digress. It’s a longish drive to the restaurant, and the food isn’t cheap: our order of a whole duck, Salt and Pepper Shrimp ( another specialty), and two orders each of egg rolls and (for my son, who loves them) steamed pork dumplings came to $115. The pungent smell of the shrimp nearly drove me mad on the way home; no wonder those DoorDash drivers eat the food so often. When I arrived home, drooling, everything was perfect, as usual, except for some pangs because we missed the ritual of tossing fortune cookies to Rugby, our recently departed and still deeply mourned Jack Russell Terrier. Rugby would circle excitedly awaiting his treat, which I would toss high in the air. He would pounce on the cookies, rip open the wrappers, and eat delicate things with gusto, pausing only to spit out the fortunes. Continue reading

Morning Ethics Warm-Up, 7/30/2019: The More Edition

 

More anti-gun posturing, more diversity deceit, more sympathy for parents who kill their kids in hot cars….more.

1. Leadership Ethics: California Gov. Gavin Newsom shows how not to respond to a tragedy. It has been apparent for some time that Newsom’s objective is to make Jerry Brown look like a thorough and moderate professional by contrast. His reaction to the fatal shooting in Gilroy, California, over the weekend, which took the lives of three people (including two children)  was a) to immediately politicize the tragedy; b) blame Trump, which is pandering gold; c) engage in outrageous hyperbole; d) recycle the silliest of anti-gun tropes, and e) do so while lacing his comments with profanity, because cursing makes bad arguments more persuasive, or something.

Most of his statement before the cameras was inarticulate, stuttering and emotional. Forget about the competent leader’s duty to show calm and professional demeanor so the public knows a capable adult is in control. This is how you signal virtue, and that you care. Once  the honorable Governor of California began talking in complete sentences, this was his approach:

“It’s just an outrage. I can’t put borders up — speaking of borders — in a neighboring state where you can buy this damn stuff legally. How the hell is that possible? [ Comment: How is it possible that states make their own laws, and California doesn’t get to dictate to Nevada? Let’s have a show of state hands to see how many states appreciate Gavin’s state creating a magnet for illegal immigrants, who then can proceed to travel where they wish.] I have no problem with the Second Amendment. [Note: That’s an obvious lie, but we can assume Newsom would say that he supports “sensible gun control,” which in eventually means “no guns.”] You have a right to bear arms but not weapons of goddamned mass destruction. [Note: No rifle, much less single shot rifle, is a weapon of mass destruction, and certainly not a goddamned weapon of mass destruction. This is disinformation, but hey, the governor is hysterical, so give him a break.] You need these damn things for hunting? Give me a break. [Note: The argument that the Second Amendment exists for the benefit of hunters is false, and dishonest, but anti-gun demagogues, especially Democratic governors—New York’s Governor Cuomo has made similar statements—keep recycling it. It convinces ignorant people, you see.] It’s just sickening… the leadership today that just turns a blind eye and won’t do a damn thing to address these issues. [ Translation: “Do something!”] What’s goddamned absent in this country right now is moral authority. [Comment: Whatever that means coming from an official of a party that ridicules and marginalizes religious faith.] California’s doing its part, but Jesus, these guys, the folks in the White House have been supporting the kinds of policies that roll back the work that we’re doing,. [Note: the “policies” Newsom refers to are known as the Bill of Rights.] It keeps happening, over and over and over again, on their damned watch. [Clarification: The shootings happened on Newsom’s watch as well, and before 2017, President Obama’s watch. Newsom didn’t make the “watch” argument then, for some reason]

This was pure, irresponsible demagoguery. As usual, the news media didn’t help by refusing to clarify that the “assault-type weapon” used in the shooting was not the  automatic, military  version of the AK-47 which is illegal, but the legal, single shot version. (“Assault-type” and “assualt-style” mean that the gun looks like an automatic, but isn’t. It is pure deceit. )That would require, however, exposing how ridiculous and dishonest the “weapons of mass destruction” line was. Continue reading

Saturday Ethics Warm-Up, 7/27/19: Updates And News!

Saturday morning came!!

At points yesterday I was beginning to have doubts…

1. A win’s a win, and right is right, but the ACLU outs itself again.  In the wake of the SCOTUS 5-4 decision to let stand the executive order reallocating funds for a wall to address the national emergency at the border and allow construction to commence, the ACLU flagged its own bias (though it is supposed to be non-partisan) by referring to the wall in a statement as “xenophobic.”

Its lawsuit was based on alleged environmental harm risked by the wall’s construction, but the use of that word, a deliberately dishonest characterization that can only mean an endorsement of open borders , proves that the lawsuit is a sham, using environmental concerns to mask a pro-illegal immigration agenda, which most of the public opposes….as they should.

Merits of the wall aside, the game Democrats are playing with this issue, calling for undefined “comprehensive immigration reform” while opposing enforcement and refusing to recognize a genuine emergency to keep the President from a political victory, is electoral suicide. (Yet most of the field of Democratic challengers have endorsed decriminalization of border breaching, which is like an invitation to invade. Madness. Even Hispanic-Americans oppose this.)

A blind pig can find a truffle or two, and on this existential issue, the President has law, history, sovereignty, the national interest and common sense on his side.

2.  A clueless harasser gets a second chance.   Neil deGrasse Tyson, the pop-culture astrophysicist who leads the Hayden Planetarium at the American Museum of Natural History, has been cleared to continue in his job  after the museum competed  an investigation into three sexual misconduct accusations against him. Continue reading

What Is Justice For Kevin Spacey?

 Prosecutors in Massachusetts this week dropped a sexual assault charge against the actor Kevin Spacey, in the only case against the alleged serial sexual harasser to be brought to trial. Mr. Spacey was accused of fondling an 18-year-old man at a Nantucket restaurant three years ago, one of the few of the accusations against him that wasn’t too old to try and that involved criminal conduct. The accuser’s lawyer said that a smartphone being sought as evidence by the defense  had disappeared, then the accuser invoked the Fifth Amendment after being warned that he could be charged with a destroying evidence, a felony if he had deleted contents on his phone. When the young man continued to assert his right against self-incrimination,  the Cape and Islands district attorney announced that it was dropping the prosecution “due to the unavailability of the complaining witness.” There wasn’t much choice.

Spacey’s far from out of the metaphorical woods. Around the same time as the Nantucket accusation, the Old Vic theater in London announced that 20 people had  accused Spacey  of inappropriate behavior  during his 11-year stint as the theater’s artistic director. There is another investigation in Los Angeles.

So now what? None of the allegations against Spacey have been proven, though, as with Bill Cosby, the sheer number of them leave little doubt—but still some— that he is a serial sexual predator. Spacey’s own house of cards began falling when actor Anthony Rapp gave an  interview to BuzzFeed accusing Spacey of assaulting him at a party when Rapp was only 14.  The accusation was never proven, but suddenly more stories of sexual misconduct in the workplace and elsewhere started surfacing regarding Spacey. (There is a lot about Spacey’s conduct and problems on Ethics Alarms, here.) Continue reading