News, Views and Careers for All of Higher Education
April 23
Justice Clarence Thomas
It’s not hard to imagine that a campus visit by Supreme Court Justice Clarence Thomas, a conservative jurist and strong opponent of affirmative action, would inspire protests from more liberal students and professors. Yet Thomas has made a number of visits to the University of Georgia, the flagship public institution in his home state, without too much of an uproar. But controversy finally came when he accepted an invitation to give the undergraduate commencement address this year.
Rather than sparking debates about Thomas’s jurisprudence or his politics, though, the announcement has led to a flurry of criticisms drawing parallels between the allegations made at the associate justice’s infamous 1991 Senate confirmation hearings — during which a former employee, Anita Hill, testified that he’d sexually harassed her — and more recent accusations of sexually suggestive behavior on campus that have led to a broad mandate to overhaul the way the university handles such cases.
Now some faculty members say that having Thomas as the undergraduate commencement speaker sends the wrong message at a time when the university is in the midst of a process that could change the way sexual harassment is dealt with in the campus judicial system.
“Given all of this work, and what felt like progress, the news that Justice Clarence Thomas is to give the commencement address this year has been met by dismay,” said Chris Cuomo, director of the Institute for Women’s Studies and a professor of philosophy, in an e-mail message. “Members of the UGA community who are concerned about the problems with enforcement of the university’s own policies against harassment wonder if the university administration is sending an intentional message that they believe matters of sexual harassment and gender equity are trivial.”
Already this year, one professor was placed on administrative leave and another resigned after investigations into allegations of sexual harassment. The former returned to the classroom this month, but a committee advising the university’s president recommended that the professor’s classes be videotaped for a period that could last through the end of fall 2008. Even more high-profile accusations were leveled against the university’s former women’s golf coach, Todd McCorkle, who left last year amid allegations of using crude, suggestive language with his players. The student newspaper, The Red and Black, reported last week that the former coach, now a golf instructor in Florida, was still for the time being receiving a salary of $94,464 from the University of Georgia. (The contract ends in June.)
Among the administrative reforms that have resulted from the publicity surrounding the cases include the pending appointment of three separate ombudsmen to hear complaints from students, faculty and staff. Investigations of harassment will also be moved from the Office of Legal Affairs, which some critics contended had a motive to downplay accusations, to the university’s Equal Opportunity Office. The reforms are aimed at criticisms that the administration allowed some professors to teach despite a history of complaints, and that it applied its judicial procedures unevenly in different anti-discrimination cases.
“Given all that’s been going on with sexual harassment on the campus, for the choice to be someone who was embroiled in arguably one of the most public sexual harassment issues in recent political history, it’s just very surprising to many of us,” said Janet E. Frick, a professor of psychology. “No matter who you believe about that issue, this is not a referendum on guilt or innocence [but] a reaction to the timing of this particular choice given all that’s been going on at UGA; it really doesn’t make any sense to us.”
Cuomo, for example, wondered if Thomas’s commencement invitation could be deferred a year until “things are a bit less tense, and when we won’t be right in the middle of a decision-making process regarding how to deal with harassment on campus (as we are now).” The university has had its share of commencement speakers from both sides of the political aisle (to the extent that they have political views at all), although none in recent years has the sort of national name recognition or inspires such visceral reactions among supporters and critics as Thomas. In spring 2005, Georgia Gov. Sonny Perdue, a Republican, spoke at the undergraduate commencement, while the next year graduates heard from Time Inc.’s editor-in-chief, John Huey.
“Every year, there’s controversy over the selection of the commencement speaker. There’s always somebody with an opinion,” pointed out Tom Jackson, the vice president for public affairs. Thomas’s critics, in turn, say they support his campus visits but believe that commencement speakers in general shouldn’t be controversial.
Recent painful incidents aside, Thomas has had a longer history with the university and especially its law school. According to Jackson, the justice has been involved with the university’s Foundation Fellows scholarship program as well as its honor program. He “had a standing invitation for a while and was able to accept it this time,” Jackson said.
Rebecca White, dean of the university’s law school, said Thomas “has been a tremendous friend to the law school and to the university,” and that most of the criticism is coming from a minority of faculty. “He is a sitting justice of the United States Supreme Court, and we are thrilled and honored [to have him speak], and I am speaking for the vast majority of the people on this campus when I say that,” she said.
Many students posting online seem to have a more favorable view of their commencement speaker than the vocal critics. “I am a graduating senior and I was pleased to hear that Supreme Court Justice Thomas was going to be speaking at my graduation. Yes, there were hearings back when I was a child, but he was not found guilty; and I feel that this being an issue today is to bring up an issue that has nothing to do with graduation,” wrote a student in a comment to one of the student newspaper’s stories about the debate.
Over at the law school, where Thomas spoke at commencement in 2003, students are a bit removed from the controversy. Brendan Murphy, a third-year law student who remembers Thomas’s last visit, said the justice was received warmly by students of all political persuasions. He said that as law students, “you can disagree on the law, but you respect each other and you work together. He was very willing to engage students in debate about his legal positions, and I think everybody really gained a lot from that.”
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This set of attitudes would suggest that anyone who was ever accused is somehow permanently defiled. Justice Thomas was, after all, confirmed, after extensive public inquiry. Many now feel his judgment is among the most intellectual and in-depth of the whole court. If the professors at U Georgia were not so vindicated, that is sad, but the situations are hardly the same. Would Georgia decline to allow Duke’s lacrosse team play on their field because that team had members who were also accused, and of much worse behaviors?
bystander, at 7:05 am EDT on April 23, 2008
Why do I suspect that if former president Bill Clinton were invited to speak at UG or just about any other university, there would be no such outcry on the part of those who say they object to sexual exploitation? Am I missing something?
Puzzled, at 8:20 am EDT on April 23, 2008
It was at my friend’s law school graduation from George Mason. Justice Thomas was not only a witty and inspiring speaker, he stood on stage and personally greeted each graduate as they came up to receive their diplomas.
The man has dignity and class; these fools protesting his appearance do not.
EngProf, at 8:50 am EDT on April 23, 2008
This is what makes faculty look silly to people outside higher ed. Clarence Thomas is a Supreme Court Judge, for God’s Sake, and any university should be excited to have him, or any of the other members of the Court. Political Correctness will be the death of us yet. Right or Left, the stifling of ‘the other side’ is anti-democratic and plain stupid...and man, does the news media feed off this stuff.
Steve, at 8:50 am EDT on April 23, 2008
selective mutisim? He hasn’t said 3 words from the bench in 16 years, yet he can carry an entire commencement address? How does one go through the onerous supreme court confirmation hearings yet still carry a stigma of guilt?
Greg
Greg, at 9:45 am EDT on April 23, 2008
I think that the students at UGA need to get over it. I can’t remember who spoke at my graduation, but I assure you it wasn’t someone as prestigious as Thomas. This is something you can take to your grave, something to be proud of, not something you need to make a stink over. I heard Thomas speak years ago, he has a message and he is articulate, I think my speaker may have been the president of some lame corporation who gave a few dollars to the University. How’s that for memorable.
Martin, at 9:50 am EDT on April 23, 2008
Would they have the same concerns if Bill Clinton were the commencement speaker?
Robert, at 9:50 am EDT on April 23, 2008
OK. Questioning Mr. Obama’s 13-year connection to indicted terror-bombing suspects is wrong and unfair. But protesting a 17-year Supreme Court justice is right and fair?
Mommy, Daddy — we’re confused.
Russ, at 10:00 am EDT on April 23, 2008
Dear Puzzled: Yes, there is a difference between Bill Clinton and Clarence Thomas and their respective “sex scandals", and here it is: Clinton’s scandal involved a consensual relationship, and Justice Thomas’ involved a nonconsensual one: sexual harassment. There is a huge difference between the unfortunate unprofessional behavior of President Clinton and the behavior of Thomas which violated the law and the rights of Anita Hill.That said, to all of you upset over protests: free speech and the “marketplace of ideas” are what a college education is all about. This is a public university, and students, etc. have the right to peacefully protest anything they want. Lets all try encouraging free speech instead of stomping it into the ground- which goes against all the ideals of a “liberal education.”
chris, at 11:05 am EDT on April 23, 2008
As a professor at UGA, I was greatly disheartened to hear of President Adams’ choice for this year’s commencement speaker. If his intention was to undermine my confidence in his ability to deal with the problem of sexual harassment on this campus, he succeeded. This choice, this year, lacks the grace and sensitivity I expect from my president.
professor, Associate Professor at UGA, at 11:05 am EDT on April 23, 2008
C’mon. Doesn’t everyone remember the tremendous furor in 2007 over former president, sexual harasser, and disbarred lawyer Bill Clinton giving commencement addresses at Ohio State, Michigan, Knox College, Juniata College, Middlebury, Rochester Institute of Technology, and Harvard?
Me neither.
justaguy, at 11:25 am EDT on April 23, 2008
Was Thomas ever convicted of anything? Were Hill’s accusations ever proved? Why did she wait so long for her 15 minutes of fame? I am no fan of Thomas—but please, he was not found guilty of anything and Hill made herself out to be an opportunist and nothing more-which is sad.
I agree Clinton’s relationship was consensual—but a powerful man preying on interns is not classy and professional behavior regardless of Lewinsky’s motivations which certainly were questionable. That doesn’t make Bill a great speaker—his presidency does, as should Thomas’ record as a lawyer and justice, nothing more, nothing less. Plus it is a factual story about Clinton. For all we know Anita Hill could have made this up because she was rejected by Thomas. Would Anita Hill have made a better speaker for Georgia—I think not? What has she exactly accomplished except trying to derail a person’s career with nothing more than hearsay and innuendo. There are so many better women who have stood up to harrassment-real harrassment who are better icons than Hill, and while there are better Justices than Thomas—it is still not a bad choice for commencement speaker.
Still if people want to protest—Rock on. This is America.
CSU Prof, at 11:30 am EDT on April 23, 2008
Holier than thou critics will always find a negative reason to complain about any choice for the commencement speaker, it just happens to be Justice Thomas this time. The volume was been turned up on the steady drone of critical white noise for the sake of a little sensationalism. All this “not so newsworthy” complaining is based on innuendo, and a slap in the face to a great icon of our time. Talk about looking a gift horse in the mouth…Move on!
Bill, at 11:30 am EDT on April 23, 2008
Well said, Steve. He was vetted over an emotionally and phsyically draining process and has been serving the country well and thoughtfully, if quietly, in one of the highest offices in the land. This kind of nonsense is absurd.
Jon, at 11:55 am EDT on April 23, 2008
Bill Clinton’s consensual relationship(s) aren’t really at issue here. At issue are his relationships with Kathleen Willey, Juanita Broaddrick, and Paula Jones. If you can explain why Bill Clinton invites little scrutiny during his many university visits despite settling with Jones for $850,000 to avoid an appeal in her sexual harassment lawsuit, while Clarence Thomas is seen as an insensitive speaker choice in spite of the fact that Anita Hill’s accusations didn’t result in the torpedoing of his SCOTUS appointment, much less any criminal charges, please do so. This is strictly political in nature.
Engineering Grad Student, at 12:10 pm EDT on April 23, 2008
Let me get this straight — some profs and students at U of Georgia are offended, annoyed, embittered, outraged and somehow harmed because a member of the Supreme Court will give a 7-10 minute commencement address at their campus.
These profs and students who don’t like Justice Thomas or his opinions and want him silenced provide proof of the hilariously thin-skinned and appallingly weak-kneed mentality that is so rife on our campuses.
Chuck, at 1:20 pm EDT on April 23, 2008
I’m sorry Chris, do I understand you as saying that denying Thomas the chance to speak is really free speech?
stm60, UConn, at 1:20 pm EDT on April 23, 2008
Our H.R. staff told us that any time there is a power relationship, (e.g. President vs. Intern, Professor vs. student)there is not consent.
Sandra Barry, at 1:20 pm EDT on April 23, 2008
“As a professor at UGA, I was greatly disheartened to hear of President Adams’ choice for this year’s commencement speaker. If his intention was to undermine my confidence in his ability to deal with the problem of sexual harassment on this campus, he succeeded. This choice, this year, lacks the grace and sensitivity I expect from my president.”
Seriously, you’re ‘greatly disheartened’?..are you kidding? Will you then need to leave UGA?
This will ‘undermine your confidence in his ability to deal with the problem of sexual harassment’?..do you actually think any college president specifically worries about ‘your confidence in his ability’?..good grief! And he ‘lacks the grace and sensitivity...’...c’mon, you gotta be kidding. You had to do this entire post ‘tongue -in-cheek’ to get a rise out of folks.
And, let’s see, how many years did Clarence Thomas serve for his ’sexual harassment’? Oh wait...he was never charged or convicted, was he? How would you feel if Anita Hill was asked to speak in Thomas’ place...would you be similarly outraged? I would hope so...
Steve, at 2:40 pm EDT on April 23, 2008
” .. to all of you upset over protests .. the “marketplace of ideas” are what a college education is all about .. Lets (sic) all try encouraging free speech instead of stomping it ..”
Excuse me — where did this “stomping” occur?
For that matter — would this Ga. event, is it a “stomping?”
http://youtube.com/watch?v=nWhv4zO6IqU
Is “stomping” is the eye of the “stomper?” Or “stompee?” Or both? Or neither?
As noted here: throw rocks at people — don’t act offended and get bent out of shape if the favor is returned.
Russ, at 3:30 pm EDT on April 23, 2008
Who knew so many people were so passionate about sex, or the scandal of sex, or whatever we are arguing about today. Come on, it’s a graduation speech from a Supreme Court Justice for crying out loud. He’s earned his stripes, he was never convicted except in the court of public opinion, and he has served us well.
Where is the horse and how do I knock you guys down at UGA off. There are so many issues here that could be brought up, like race and the history of treatment of blacks in Georgia, and I could go on and on. Let this dog lie, and be happy and proud you have a degree from a good school, you live in a country where you can disagree, but at least you will remember who spoke at your graduation. Get over yourselves for the love of god.
Martin, at 5:00 pm EDT on April 24, 2008
“There is a huge difference between the unfortunate unprofessional behavior of President Clinton and the behavior of Thomas which violated the law and the rights of Anita Hill.”
Yes, Bill Clinton was impeached and Clarence Thomas was not. As much as the left would like to think so Clarence Thomas was not found guilty of violating any laws or rights.
Rich, at 11:05 am EDT on April 26, 2008
You say Bill Clinton’s problems related only to consensual sex.
That is simply not true!
Paula Jones sued Bill Clinton for sexual harassment and won! Clinton paid her $850,000 and was banned from practicing law for 5 years.
Jim, at 1:35 pm EDT on April 26, 2008
“Our H.R. staff told us that any time there is a power relationship, (e.g. President vs. Intern, Professor vs. student)there is not consent.”
Um, Ms. Berry. Unless Clarence Thomas or some other legal genius (note sarcasm re: Clarence Thomas) is a member of your H.R. department, their unsupported assertion isn’t going to persuade anyone. But an argument — you know, with premises and a conclusion — might. Why don’t you give it a try?
plum grenville, at 5:50 am EDT on April 27, 2008
“Many now feel his judgment is among the most intellectual and in-depth of the whole court.” — bystander
Clarence Thomas, the intellectual heavyweight on the court? You’ve GOT to be joking. What exactly is the evidence for his intellectual and in-depth judgment?
plum grenville, at 5:50 am EDT on April 27, 2008
I heard Justice Thomas’ addresss at the U of G commencment last night. He and I have different view on law and social issues, but I can say that it was one the finest addresses I have heard. He gave the students some very important pointers on who they are, how they got there and how they should approach life in the future. I wish that I would have some like kind advice at my graduation ceremoney, don’t ask me who spoke and what they said. tjm
t.j.mcgillicuddy, at 6:45 am EDT on June 2, 2008
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Whatever happened to innocent until proven guilty?
Any time a right-of-center graduation speaker is proposed, people start planning protests. That sounds like a wonderful expression of academic freedom to me.
Robert, PhD Student, at 6:45 am EDT on April 23, 2008