Saturday
November 22, 2008
Advertisement
News, Views and Careers for All of Higher Education
April 18, 2006
Still Burning
When the DNA evidence comes in, things will surely calm down. That’s what some at Duke University predicted as the lacrosse debacle grew. But the DNA is in, and the Durham campus is still thronged with news trucks, their satellite dishes at full mast, and student outrage persists on both sides of the controversy.
Related stories
- The Power of Pink, Dec. 4, 2007
- Big Payday for Title IX Advocate, July 11, 2007
- ‘Dirty Little Secrets’ in Women’s Sports, April 30, 2007
- Criminals and Colleges in the Capital, Feb. 14, 2007
- Protection for Title IX Whistle Blowers, March 30, 2005
“I’ve been at Duke 33 years,” said Sue Wasiolek, dean of students and assistant vice president for student affairs. “I’ve never seen anything like this … the intensity of interest and the sustained focus.”
Sex, violence, sports, race and town-gown relations have combined to make a black woman’s accusation — that she was raped by white Duke lacrosse players when she showed up at a lacrosse party to perform as an exotic dancer — the “perfect storm,” Wasiolek said.
Many people expected a clear step in some direction Monday in the form of indictments, and while late last night news reports indicated that at least two lacrosse players had been named in sealed indictments, nothing formal had been released. Early Tuesday, two players were arrested and their lawyers insisted that they are not guilty.
Paul H. Haagen, a professor of law and head of Duke’s Academic Council, said that, “as critical race theorists remind us, people operate according to myths and stories.” He said that, for some people, the Duke lacrosse donnybrook conjures up Tawanna Brawley, while for others “it is the ability of rich and powerful persons and institutions to hide their misdeeds.” He added, “I think you’ve got really deep concerns about the future of the United States, the role of education, the role of athletics, race, gender, and violence against women. Our community is the backdrop for people working these issues out.”
Haagen added that the news media attention has provided the bully pulpit for both those with legitimate grievances and those who simply have a bone to pick.
Lawyers, both the district attorney and those representing the lacrosse players, came out with press conference guns blaring — but still, no indictments have been issued publicly.
The lawyers weren’t the only ones espousing certainties before crucial evidence came in. Houston Baker, a Duke English professor, has appeared on national television multiple times, and has publicly called for “immediate dismissals of those principally responsible for the horrors of this spring moment at Duke,” according to an open letter to administrators.
A columnist for the student newspaper, The Duke Chronicle, said that Baker played up the fear and loathing for a national audience. “A responsible, and in many instances appalled — and yes, frightened — citizenry of Duke University is waiting,” his letter continued.
Boston Cote, a senior at Duke and the column author, criticized Baker’s rush to judgment, and the general lack of patience on all sides of the controversy.
In an interview, Cote called Baker a “fire starter,” and said that “he has had an enormous influence on campus.” Baker did not respond to messages Monday. Like several other people interviewed at Duke, Cote called out the television commentator Nancy Grace for publicly convicting the lacrosse players on a daily basis. “You see a lot of even handed reporting from anchors,” Cote said. “And then you see Nancy Grace.”
Cote said that, though the DNA evidence didn’t defuse passions, as more holes have appeared in the accuser’s account, people have “stepped back a bit” to wait for more of the story to unfold.
Haagen said that one reason the DNA probably didn’t calm things down is that “for people who believe this case is about how poor black women can never get justice, they will be confirmed in their view,” he said. Race relations have been the forefront of much of the fury.
In an effort to spur some productive dialogue, several Duke student groups held a forum on race relations last week. Nelson Williams, a Duke undergraduate and co-director of the Center for Race Relations, said that, for many students, the lacrosse discussion is a discussion about everything from “Duke-Durham relationships and racism, to privilege and power, and gender disparities,” he wrote in an e-mail.
Williams added that “this situation has shed light on many opinions about treatment by the police and community depending on the race of the victim/perpetrator of any crime.”
Everybody in the Duke community hopes that the current school of hard knocks will result in some lasting lessons. Williams said the ongoing dialogues about race and gender were “very much needed” on campus.
Still, Cote said that forward progress has generally been impeded because “people have been coming at it with very angry attitudes,” she said. Like several people interviewed, Cote hopes that summer vacation will take the edge of the tensions, and people can return to productive discussion in the fall.
By then, said J. Douglas Toma, an associate professor of higher education at the University of Georgia, news anchors will have time to move on to “the next white student in Aruba who gets abducted.”
“This level of intensity is something you can only sustain for a short amount of time,” Toma said, adding that generally only things like wars sustain such heated student sentiment across academic years. “This is something the institution can directly address,” he said. “And it seems to be doing so.”
One thing Duke had done even before the now notorious night was to buy 12 homes across the street from campus, according to Wasiolek, including the house in which the rape is alleged to have occurred.
Because the students are just across the street, faculty members and administrators characterized them as straddling two worlds, the on-campus one — where parties are normal but activities are monitored — and the off-campus one — where they are not monitored, but partying doesn’t necessarily fit the neighborhood. “Students who live near campus engage in student activities which are unlike those of their neighbors, and it creates conflict,” Haagen said.
The purchasing plan was in response to complaints from community residents about things that are par for campus, like noise and parties, but are annoyances in residential neighborhoods. Wasiolek said that the plan was to turn the homes into single-family dwellings, probably for Duke faculty members.
Wasiolek said she never could have predicted the furor that erupted, and added that she’s looking forward to seeing the satellite dishes down, and the trucks gone. “At some point … whether people are passionate about preventing sexual violence, or race relations, or running an athletic department, they have work to do,” she said. And the Duke community, it seems, is eager to get back to work.
Want it on paper? Print this page.
Know someone who’d be interested? Forward this story.
Want to stay informed? Sign up for free daily news e-mail.
Advertisement
Comments
Double standard
The dean of students at Duke is stupid. I assume she is a law and order, a minuteman vigilante, conservative type.
She reminds me of; if my son hits your son, he is just a baby – but if your son hit my son your son is an adult! The implications are clear here – her son is not a criminal, but mine is.
She reminds me of; a woman who likes to gossip about everyone else – when the people start to talk about her – she throws a temper tantrum – she wants everyone to stop.
The justice system convicts infinite numbers of African Americans based on whimsical circumstantial evidence, and in some instances without evidence at all. Caucasians prosecutors high five one another and they consider it as win notched in their belt; none of the Caucasian says wait a minute; or even raises an eyebrow.
Here the woman has been violated beyond belief, the Duke demagogues want to muzzle one to opine – is this the mission educational institute?
David Robertson, Professor at SUNY, at 9:30 am EDT on April 18, 2006
Mr. Robertson, I am trying to figure out what you mean. I take it you don’t like Duke’s Dean, but when you start using political terms, it is difficult to see how you disagree with her.
You are a highly educated man. Why do you need to reduce every situation to just a bunch of political slogans that could be uttered by a high school student?
Whatever the case, like it or not rapes happen every day. (Indeed, several times an hour according to some.)
Therefore, I don’t see why everyone needs to panic over this rape where, it seems, the alleged culprits have been identified, and strippers (and their professorial parents) will be able to rest easier knowing that rowdy college students will no longer terrorize their daughters.
Larry, at 11:00 am EDT on April 18, 2006
Back to reality....
It appears that no DNA evidence is present and that no latex etc. has been found. This would tend to suggest that the incident is a fraud and should lead to charges for false statements in short order. Instead, they are going forward with the prosecution for which it appears they have not only no evidence, but for which their is evidence against.
I find it striking how swift people moved to believe this woman who has now been clearly revealed to be lying. It is even more striking that some continue to defend a person who makes very serious false charges.
Dr. Robertson, I’m sure our public prosecutors have better things to do with their time than prosecute the innocent.
Kevin, Undergraduate, at 11:00 am EDT on April 18, 2006
Critical thinking
“Here the woman has been violated beyond belief, the Duke demagogues want to muzzle one to opine – is this the mission educational institute?”
The obvious problem here is that you have no idea who “violated” this woman “beyond belief,” yet you feel no hesitation about convicting the students in advance of any facts because some black people might have been wrongly convicted in the past? What, if anything, distinguishes that from mere racial payback?
The proper mission of an educational institution is to teach students to think clearly based on facts and logic, not invidious emotion. Given that precisely no one at Duke knows the evidence that the DA is proposing to introduce at trial, refusing to convict the students before proof of their guilt is established is wholly proper.
Bad English, at 11:00 am EDT on April 18, 2006
Hidden rapes
It is no “myth or story” that increasing numbers of violent rapes occur every year on university/college campuses across the US. Those rapes are more often than not actively hidden by university/college administrations and their ON campus cops who care more about bad publicity and large donations than justice. (See securityoncampus.org for data and stats). That is especially the case if student athletes or tenured male faculty are the perps. If there is a positive aspect to the Duke Lacrosse team rape, it is that it occurred OFF campus and OFF campus law enforcement became involved early on. That is the ONLY way the victim will get any justice, if she gets any justice at all.
AB, at 11:00 am EDT on April 18, 2006
This is simply terrible
“If there is a positive aspect to the Duke Lacrosse team rape, it is that it occurred OFF campus and OFF campus law enforcement became involved early on.”
You speak as though there is no question about what happened and who was involved, despite DNA evidence pointing exactly AWAY from the Duke Lacrosse team: You just posit in advance that the “Duke Lacrosee team rape” is a fact. Why?
This is simply terrible. Even I had not understood until now how far gone the universities are.
Bad English, at 11:35 am EDT on April 18, 2006
You don’t need DNA evidence and microfibers or whatever to get a conviction. Real life isn’t CSI, or vice versa.
Ray, at 1:20 pm EDT on April 18, 2006
No, but
“You don’t need DNA evidence and microfibers or whatever to get a conviction. Real life isn’t CSI, or vice versa.”
No, but you do need evidence and a fair fact-finding process, not mere accusation and emotional assumptions of guilt. What few facts people know about this show that there is sound reason to withhold judgment in this matter, beyond legal presumptions of innocence before guilt is proven beyond a reasonable doubt. Hence my remark about the DNA evidence.
Bad English, at 1:50 pm EDT on April 18, 2006
All this — and no DNA?
“You don’t need DNA evidence ..”
A heinous, violent sex crime involving three accused suspects is alleged. An elected DA, facing voters in a few weeks, makes statements that some believe are prejudicial.
With the national media watching them, the state SBI (HQ is 15 miles away) goes over the crime scene with a fine-tooth comb — and not one iota of DNA is found?
So — the DA orders a second DNA test — but asks for indictment BEFORE the second results arrive? And Jesse Jackson plans a visit soon?
What’s wrong with this picture?
A.D., at 1:50 pm EDT on April 18, 2006
Duke
Bad English and Kevin: No DNA simply means No DNA. It neither points away from the lacrosse team nor suggests fraud. It exonerates no one. At this point none of us knows what evidence the prosecution presented to the grand jury, or what defense the indicted players may present. There are demagogues on both sides of this. Yes, I remember Tawanna Brawley but I also know that it’s not just 16 year old virgins who are raped.
Natasha, at 3:30 pm EDT on April 18, 2006
nothing wrong with this picture
AD, Nothing is wrong with the picture. While I don’t like prosecutors talking to the press, none of his comments were unethical under North Carolina’s Rules of Professional Conduct. See N.C. R. Prof. Resp. 3.8(e)(3)(F). Whether he wants to take 0, 1, 2, or 10 DNA tests is in his discretion. Indeed, people are routinely sent to jail just on the word of another.
Many DAs are stand for re-election, but you seem to think that they should be more hesitant to seek indictments if they are nearing re-election.
Larry, at 3:30 pm EDT on April 18, 2006
Due Process?
What many seem to forget is that indictments don’t mean guilt or innocence. Anyone indicted is entitled to due process, something we all want for ourselves. Many are too eager to use this event to vent. There is not nearly enough information known yet to determine what is the right thing to do. It appears the University is handling this in a responsible and careful manner. Whatever else happened, there was an inappropriate party and some repulsive e-mail. The team’s season is suspended, the coach is gone and the university is cooperating fully with law enforcement. No one has the right to convict someone until there is clear evidence to prove guilt. The best thing to do before rushing to judgement on any side would be to let the process play out, continue the open discussions between town and gown and save the posturing and indignant anger for the time when more is known.
Another Voice, at 3:30 pm EDT on April 18, 2006
Standards of justice
Well, Bad English, your point is well taken. Yes, those poor little rich white boys of the Duke Lacrosse team should be given the benefit of any doubt. Our system of justice “demands” it. While they are their expensive lawyers trash the victim’s name and reputation (she was drunk; she’s a “stripteaser,” not a woman, not a student), finding her guilty by trying her in the media, we must in all cases give those white boys of the Duke Lacrosse team any benefit of any doubt whatsoever. While the latest is their lawyers now say that “she was smiling” when she left the party (she must have liked it!), we must always assume those rich boys of the Duke Lacrosse Team are innocent until proven guilty. Standards of justice are meant for us all. But in reality (just like DNA evidence) they are rarely there, especially for those not wealthy enough to hire expensive lawyers.
AB, at 4:10 pm EDT on April 18, 2006
Reality strikes again
Natasha, evidence would most likely be recoverable in this case. Many rapes are reported after the timeframe in which it is possible to collect DNA evidence (14-17 days according to an article in my science text book). That time frame is shortened if the rapist is impotent (the dead skin cells from him dissapear faster than sperm) of if a condom is used (the latex that would be present lasts a shorter time than either sperm or skin cells).
However, this women has none of the three and is in the time frame in which one or more of them is to be not only expected but almost certain. Are we to believe that all three left no sperm, no fluid, no dead skin cells, no latex at any point on her? It is concievable, however unlikely, that all three used non-latex condoms. However, the preliminary word was that no condoms wer used — the “victim” might yet change her story to accomodate that, but it would further call into question things like the timeline inconsistancy and the lack of agreement between her testimony and that of the other stripper.
Incidentally, a charge of rape, even when publically disavowed by the “victim” can follow a man for the rest of his life. It is to be expected that someone making a charge falsely would be heaped with counterattacks by those who have been severely slandered.
Their seems to be a rush to judgement emanating from the fact that these men are not poor, and therefor, in the Marxist view, evil. That does not, however, make them guilty of any crime.
Kevin, Undergraduate, at 7:20 pm EDT on April 18, 2006
Reality of DNA
I agree this rush to public judgment is too lacking in bonafide validation. My overarching concern is the reality that even with DNA evidence retrieved from the bathroom in the reported lacrosse party home, this does not guarantee this is DNA from a rape. Had the accusor simply used the toilet she might have picked up DNA skin cells or heaven forbid, trace evidence of semen.
The larger concern which might have averted some of this, would be if the strippers had not been secured for a party which included many below the age of 21. If there had been previous discipline problems such as Finnerty’s arrest last fall, why didn’t the university move to place some restrictions on this coach’s management of his players?
If we plan to examine this you must include the fact that the administration at Duke did have red flags prior, flags ignored now at great cost to their institution.
Diana, at 5:50 am EDT on April 19, 2006
DNA works only if Barry Scheck is involved ..
.. and brave, white liberals, fighting an unjust legal system, are at the forefront. Anyone middle-class — fuhgetabotit, you’re guilty.
BTW, Lar — looks like your friend the DA decided to clam up, perhaps to avoid a change in venue —
http://www.newsobserver.com/1185/story/429973.html
or perhaps the bar suggested he get his facts first, then his press conferences. Or, as his opponents think, he’s over his head.
http://www.newsobserver.com/1185/story/430113.html
B.J., at 6:40 am EDT on April 19, 2006
Rape Shield
I understand the rape shield laws and their purpose. However, shouldn’t the same consideration (or perhapse I should say lack of) be given to any prior judgements against the involved players. After all, rape is a big jump from something as simple as public drunkedness.
I’m not going to say the young lady was raped, I’m not going to say she wasn’t. When the case is decided, I will say that the jury was presented with evidence that made them believe (guilty/not guilty) and thats the end of it.
cpcjlc, at 5:25 am EDT on April 21, 2006
cpcjlc, I am not sure if I understand your point. Typical rape shields prevent the past sexual history of an alleged victim from being used to discredit her testimony, but they usually include exceptions for 1) recent convictions for prosecution; and 2) sexual history with the defendants to show that injuries may be derived from sexual conduct with such a defendant. However, being a stripper is not being a prostitute, and since the prosecution would likely want to show that a stripping engagement is what brought the alleged victims in conduct with the defendants then, their profession would be admissible. Ironically, in my limited experience in this area, it is the prosecution that tends to use the occupation of “stripper” as a way to diminish someone’s credibility. (There are constitutional issues regrading whether this completely deprives someone of a defense in violation of the due processes clauses, but I don’t think this is relevant here.)
Although some states are tinkering with a blanket “sexual history” exception to the rule that prior bad acts – See N. C. R. Evid. 412 (available at http://www.ncleg.net/enactedlegis.../byarticle/chapter_8c/article_4.html ) most of the time, the “prior bad acts” exception in N. C. R. Evid. 608 or 609 prohibit against prior bad acts applies to the credibility a witness.
Larry, at 3:55 pm EDT on April 21, 2006
Duke Lacrosse Rape Accusations
False charges, racial slurs. Where is Al Sharpton now?
Dan, at 7:55 pm EDT on April 22, 2006
Dan, This isn’t the first time that someone involved in a criminal trial has called their accusers liars or mistaken.
Larry, at 12:15 am EDT on April 24, 2006
Advertisement
Jobs Related to Still Burning
or search for jobs directly.
Adjunct Faculty, Virtual College — Position # 810211
Miami Dade College
Adjunct Online Faculty: English • Nutrition • Psychology • Speech Communication Mathematics • Humanities • ... see job
Associate Director
Suffolk University
Position Summary: Reporting to the Executive Director of Career Development, the Associate Director will ... see job
Mary H. Cain Distinguished Professor
University of North Carolina, Chapel Hill
European Art, 1400-1700. The Department of Art at the University of North Carolina, Chapel Hill, seeks candidates for the ... see job
Physics/Earth & Space Science Instructor I
Florida Gulf Coast University
FGCU, a member of the State University System of Florida, is a comprehensive university created to address the educational ... see job
Art, Assistant Professor of Art Education
University of Nebraska—Kearney
The University of Nebraska at Kearney Art & Art History Department is seeking an Assistant Professor of Art Education. see job
Architectural Design Section Manager — Department of Project Design %26 Construction
Cornell University
Cornell University, located in Ithaca, New York, is an inclusive, dynamic, and innovative Ivy League university and New ... see job
Part-Time Education Instructor
Central Michigan University
PART-TIME TEMPORARY FACULTY TO TEACH EDUCATION COURSES Central Michigan University seeks qualified part-time temporary ... see job
Specialists — School of Medicine
University of California, Irvine
School of Medicine Department of Anatomy and Neurobiology Position: Specialists Openings are anticipated throughout the year ... see job
Associate or Assistant Professor, School of Social Work
University of Minnesota, Twin Cities
The University of Minnesota is a premier employer and a talent magnet attracting leading faculty and staff from around the ... see job
Chief Information Officer (CIO)
Bennington College
The CIO will play an integral role in providing leadership for addressing questions of how technology impacts teaching, ... see job
Home
| Sign up | Log in
| About us
| Work for Us
| Press Releases
| Rights and permissions
| Contact us
| Advertise
| Partners
| RSS 
| Podcasts
| Links
| Privacy
| My Account
© Copyright 2008 Inside Higher Ed
Grandstanding!
I heard a news report this morning (7AM EDT)that not only were 2 players indicted, but they were arrested —-AT 5AM! I’m sure these guys were a real flight risk, that they had to be surprised pre-dawn. Did the (running for reelection) district attorney lead the SWAT team?
Richard, at 8:30 am EDT on April 18, 2006