Sweet Briar College’s Fate And Fait Accompli Ethics

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 UPDATE (6/15): I am officially nominating this post as the Most Typo-Riddled Ethics Alarms Article of 2015. At least I hope it is—alerted by a reader, I just found and fixed about 10, and I have no idea what happened. I suspect that I somehow pasted the next-to-last draft instead of the final. My proofreading is bad, but not THAT bad. I am embarrassed, and apologize to all: that kind of sloppiness is never excusable, but I especially regret it on a topic this important.

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Sweet Briar College was officially scheduled for termination, date of execution later this summer, by a board that chose not to offer alumnae and other interested parties a fair opportunity to raise objections, propose solutions, or mount a rescue effort. Indeed it was almost an ambush.

Although the distinguished graduates of Virginia’s unique and venerable all-female college have mounted a spirited effort to reverse this dubious move, time is not on their side. Amherst County Attorney Ellen Bowyer, working with the passionate opposition to Sweet Briar’s closing, argued in court that this would violate the terms of the will upon which the college was founded, and that the college’s board has engaged in malfeasance or misfeasance, violating its fiduciary duties and misusing charitable funds. A circuit court refused Bowyer’s request for a temporary injunction that would at least delay the closing —Tick-Tick-Tick!—and the case was appealed to the Virginia Supreme Court. Those  justices concluded that the lower court, in denying the injunctive relief, erred by concluding that that the law of trusts do not apply to a corporation like the college.  It does. So now the case returns to the circuit court to reconsider the merits.

Tick-Tick-Tick!

I find this infuriating and heart-breaking. As I’m certain the college’s treacherous board knew in March, legal challenges and court decisions take time, and the realities of the academic year halt for no man, or woman. It’s June now, and Sweet Briar has no 2015 entering class. Its sophomores and juniors are seeking, or have found, other schools as well. One of Sweet Briar’s problems—not an insuperable one to a board appropriately dedicated to is traditions and mission—was increasingly lagging enrollment. Whatever the solutions to that may be, skipping a year of entering freshman is not one of them. Faculty have to eat: presumably most, if not all of them, and the staff, are seeking employment elsewhere. The battle to save Sweet Briar, as noble and as important as it is, may have been lost from the start, simply because the clock, and the calendar, keeps moving.

This was, I fear, a fait accompli of the worst variety, an unjust, unfair, even illegal action that is successful because once set in motion, there is no way to stop it. Using the fait accompli strategy is intrinsically unethical, and the mark of an “ends justifies the means” orientation. It is based on the principle that an omelet, once made, cannot be unmade, because eggs can’t be put together again. In a situation where the ethical, fair, procedurally just approach is to debate and challenge a proposed policy action before it takes place, the fait accompli approach operates on the practical maxim that if you have no options, you have no problem. In essence, it says, “Yes, you may be right, but what are you going to do about it?” Continue reading

Comment of the Day: “Why The Sweet Briar College Fight Matters”

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Ethics Alarms has been graced with a wave of new commenters, prompted by this post and its predecessor, “The Sweet Briar Betrayal.” The issue is the ethics of a college board surrendering to adversity without a fight, with millions in the bank, a beautiful campus, and an important mission, and doing so before fully informing and involving the larger college community, especially alumnae. I opined that the board had an ethical duty to both  mission and the school itself not to euthanize Sweet Briar College prematurely, at very least, not before a last ditch capital fundraising campaign.

Thousands of readers seemed to agree, and my posts on the looming Sweet Brier closing have become part of the effort to promote and coordinating a growing movement by concerned alumnae and others to reverse the board’s decision. A few, in contrast, accused me of being unfair to the board, arguing that it has taken an unpopular but responsible course, and was courageous to do so. SBCFan2000, a new  commenter who arrived in the crowd of Sweet Briar supporters, reinforces my assumptions in this revealing Comment of the Day: Continue reading

Why The Sweet Briar College Fight Matters

sweet-briar-collegeEthics Alarms has been besieged by interest in the threatened Sweet Briar College closing, with the recent post on the topic already the third most viewed essay in the history of the blog. I was surprised; I shouldn’t have been. From an ethics and societal perspective, what the controversy stands for is as important as any covered here. It is also central to the nation itself.

When a business fails, the casualties include ambitions, opportunities, dreams, financial resources, community assets, and jobs. That is serious and tragic. Non profit organizations, however, exist to turn ideas into reality, to strengthen them, bolster them, and prove that they deserve to survive and flourish. The death of Sweet Briar will also mean the loss of ambitions, opportunities, dreams, financial resources, community assets, and jobs. Far more important, however, is that it will mean the death of an idea, or at very least the serious wounding of one.

This is why non profit boards should not be, as they so frequently are, merely comfortable curriculum vitae-stuffers  and networking forums for prominent dilettantes. Non profit boards are stewards of ideas, and they must also be willing and able to be warriors in defense of those ideas, if an idea is imperiled. It is not a job for the faint of heart, and the consequences of failure, or, as in the case of Sweet Briar, fearful and premature capitulation, are catastrophic, not just for the organization, institution and its constituents, but the entire U.S. culture.

Sweet Briar exists to nurture a particularly vital idea, the mission of training young womenContinue reading

Ethics Tales: How Julia Sand Saved A President And Changed The Nation

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In my recent overview of the U.S. presidency (the four parts are now combined on a single page under “Rule Book” above), I noted that our 21st President, Chester A. Arthur, was one of my personal favorites and an Ethics Hero. He confounded all predictions and his previous undistinguished background, not to mention a career marked  by political hackery and toadying to corrupt Republican power broker Roscoe Conkling, to rise to the challenge of the office and to effectively fight the corrupt practices that had elevated him to power. Most significantly, he established the Civil Service system, which crippled the spoils and patronage practices that made the Federal government both incompetent and a breeding ground for scandal.

I did not mention, because I did not then know, the unlikely catalyst for his conversion. Recently a good friend, knowing of my interest in Arthur, his tragic predecessor, James Garfield, and presidential assassinations sent me a copy of Destiny of the Republic, the acclaimed history of the Garfield assassination and its aftermath by Candace Millard. It’s a wonderful book, and while I knew much of the history already, I definitely did not know about Julia Sand. Her tale is amazing, and it gives me hope. If you do not know about Julia and Chester, and it is not a well-known episode, you should.

Allow me to tell it to you?

James Garfield, an Ohio Congressman, had been the dark horse nominee of the Republican Party in 1880, foiling the ambitions of many powerful politicians, the most powerful among them being Sen. Roscoe Conkling of New York. In order to cement New York’s electoral votes, the convention gave the Vice Presidential nomination to Conkling’s lackey, the dignified-looking but otherwise unimpressive Chester A. Arthur, who may have been the least qualified individual ever to run for that office. The highest position he had ever held was Collector of Customs of the Port of New York, which had been handed to him by Conkling, and he was later removed from that post for incompetence and corruption.  He’d never been elected to significant office or been any kind of executive. Arthur’s career before becoming Vice President makes Sarah Palin look like Winston Churchill.

After the election, Arthur got to work being a disloyal Vice-President, acting as Conklin’s agent in the White House. (Arthur, a widower, even lived as a guest in Conkling’s Washington mansion.) He actively undermined Garfield’s efforts at government reform, at one point going so far as signing a petition supporting Conkling when Garfield refused to appoint only Cabinet members with the Conkling stamp of approval. Then,  on July 2, 1881, less than six months after taking office, the impressive Garfield was shot in Washington D.C.’s Union Station by Charles Guiteau, easily the craziest of the various crazies who have taken a shot at our leaders. (He was also the only lawyer in that group.)

Everybody was horrified, initially at the crime, but also at the prospect of Arthur becoming President. Some even suspected him of being complicit in the act; Guiteau didn’t help by writing Arthur a letter prior to his attack telling him what he needed to do as President.  Most, however, were just aghast at the prospect of the brilliant, courageous, skilled and honorable Garfield being replaced by this utter non-entity under Conkling’s thumb.

None were more aghast than Chester A. Arthur. He may have been a hack, but he was no fool, and he knew he wasn’t up to the job. It was reported that when he learned of Garfield’s shooting, Arthur began weeping like a child. During the nearly three months it took the hardy Garfield to die—he was killed by sepsis induced by the unsanitary prodding of his doctors as they searched for Guiteau’s bullet: the wound itself was probably survivable—Arthur descended into panic, shock, and depression.  For nearly two months, he stayed at home with the blinds drawn, fearing his own assassination. So invisible was he that there were  rumors that Arthur had poisoned himself.

Then Arthur received a letter, dated August 27, 1881, from a woman he did not know, Julia Sands. It immediately got his attention, for she addressed him in a manner he had never been spoken or written to before. The remarkable letter said in part… Continue reading

Comment of the Day on “The Twins and the Amazing Hockey Shot: the Public Flunks Its Ethics Test…Badly”

Reader Jim Weaver came up with an especially deflating and insulting Comment of the Day by taking literally my lament, in the post about the twin winning, then being denied, a cash prize while masquerading as his brother, that I was disappointed that after almost a decade of my ethics commentary that the public was still ethically out to lunch.

His comment:

“Did you really think that this blog would make a difference in America’s ethics? Is that really why you write this thing? If so, then you should be depressed because you are sadly deluded. 99.99% of the country has never heard of you or read your blog.

“I thought you wrote it to get attention and to try to drum up business for your training company. Just exactly how many readers do you have anyway?” Continue reading