In what may be the worst decision for college student rights in the history of the federal judiciary, the U.S. Court of Appeals for the Seventh Circuit this week turned back the clock a half-century and reinstated the old discredited doctrines of in loco parentis and administrative authoritarianism.
In Hosty v. Carter, the Seventh Circuit ruled by a 7-4 majority that administrators at public colleges have total control over subsidized student newspapers. But the scope of the decision is breathtaking, since the reasoning of the case applies to any student organization receiving student fees. Student newspapers, speakers and even campus protests could now be subject to the whim of administrative approval.
The case seemed like an open-and-shut example of unconstitutional suppression of dissent. On November 1, 2000, Patricia A. Carter, dean of student affairs at Governors State University, in Chicago’s south suburbs, called the printer of the student newspaper, the Innovator, and demanded prior approval of everything in the paper, which had annoyed administrators with its criticism of the university. Prior restraint is a classic violation of freedom of the press, and the editors Jeni Porche and Margaret Hosty soon sued the university.
Student press groups were alarmed when the Illinois attorney general’s office argued that the 1988 U.S. Supreme Court case Hazelwood School District v. Kuhlmeier should apply to college newspapers. The misguided Hazelwood decision has been an unmitigated disaster for high school journalists, and the possibility of extending it to college students is terrifying.
Terrifying, that is, for anyone who cares about freedom of the student press. But for the majority of the Seventh Circuit, Hazelwood was a legal opening for conservative judges who wanted to reach a predetermined result. If the majority opinion by Judge Frank Easterbrook had merely extended the censorship of Hazelwood to colleges, it would have been a principled decision; a terrible principle, but a principle nonetheless.
However, because Dean Carter’s action violated even the Hazelwood standard, these activist judges had to rewrite the Hazelwood precedent to justify the censorship of all student newspapers and activities. The judges had to eliminate Hazelwood’s restriction to curricular-based newspapers, and then had to eviscerate any constitutional protections for a “limited public forum” such as a newspaper. It took the judges 18 months from the time of oral arguments, and some convoluted reasoning, to achieve their goal.
The Hazelwood case declared that high schools could only censor student newspapers that were created as part of the curriculum. However, the majority decision in Hosty goes far beyond this, expanding censorship of high school papers as well by eliminating the “curricular” limit.
Jettisoning the Hazelwood standard restricting only curricular-based newspapers was merely the first of Easterbrook’s violations of precedent. He also annihilates the common understanding of “limited public forum,” a term created by the Supreme Court to provide a middle ground between the unregulated public forum (such as standing on a soapbox on the quad) and a non-public forum (such as a university-controlled alumni magazine).
“If the paper operated in a public forum, the university could not vet its contents,” Easterbrook wrote. He then asked, “was the reporter a speaker in a public forum (no censorship allowed?) or did the University either create a non-public forum or publish the paper itself (a closed forum where content may be supervised)?” Of course, a newspaper isn’t a public forum like a soapbox. It’s limited to the students who run the newspaper. By declaring that only a pure public forum is entitled to Constitutional protection, Easterbrook eliminates the First Amendment on college campuses for any limited public forum, including any student-funded activities.
“What, then, was the status of the Innovator?” Easterbrook continued. “Did the university establish a public forum? Or did it hedge the funding with controls that left the university itself as the newspaper’s publisher?” By his logic, the only speakers or newspapers on a public college campus that fall under public forum protection would be those that receive no funding from student fees or university funds (a rare commodity indeed). Any funding “controls” are directly tied to ideological controls.
Easterbrook concluded, “Freedom of speech does not imply that someone else must pay.” This is the philosophy of “he who pays the piper calls the tune,” and the Supreme Court has rejected it over and over again at public colleges.
Easterbrook is claiming that if the university can require student groups to follow funding rules designed to prevent fraud (and demand that student fee money be spent on a newspaper rather than, say, a private party), then the administration must be granted total control over the content of the newspaper.
A Break With Precedent
This is a bizarre conclusion, considering that the Supreme Court has repeatedly banned such control by colleges in funding cases.
In Rosenberger v. University of Virginia, the Court ruled that a public university cannot ban funding for a newspaper based on its religious content. Now the Seventh Circuit has declared that a public university may be obliged to fund a religious newspaper, but it can impose any control over its contents. In Board of Regents of the University of Wisconsin v. Southworth, the Supreme Court ruled that public colleges must ban all viewpoint discrimination in funding student groups. It would be bizarre if college administrators were granted the direct power to control the viewpoints expressed in student newspapers, while by expressly banned from making funding decisions based on viewpoint. Yet this is what Easterbrook’s opinion permits.
Any non-public forum that is funded by the university to any degree could be controlled and censored by administrators. Any use of campus space by a student organization is subsidized by the university, as are all registered student groups that receive any benefits or funding. Therefore, all of these groups are subject to total control by the administration under Easterbrook’s ruling.
In essence, Easterbrook argued that there is only one kind of censorship that is impermissible on a public college campus: banning someone from speaking for free on a soapbox on the quad. In all other cases, under the Hosty v. Carter ruling, college administrators across the country now have a green light to ban anything they want, from controversial campus speakers to critical student newspapers.
Although the Hosty ruling itself only applies to Illinois, Indiana and Wisconsin, the states covered by the Seventh Circuit, the “qualified immunity” test allows any public college administrators to avoid damages in any case where the law is unclear -- and the Hosty case certainly makes freedom of the student press an unclear idea.
The Hosty decision could also affect faculty academic freedom. If college students have no more Constitutional protections than first graders do, then college professors may have no more rights than elementary school teachers. Decades of cases establishing the unique legal status of colleges and academic freedom, based on the maturity and rights of college students, might be wiped away if Hosty is upheld.
Easterbrook also hauled out the dubious idea of institutional academic freedom: “Let us not forget that academic freedom includes the authority of the university to manage an academic community and evaluate teaching and scholarship free from interference by other units of government, including the courts.” If “academic freedom” means only the power of administrators to “manage an academic community,” then students and professors alike will be subject to censorship by the administration.
The Innovator has been shut down for almost five years, replaced by the administration with a more pliable newspaper where students never investigate or criticize their college. Unless the Supreme Court reverses the Seventh Circuit’s unprecedented act of conservative judicial activism, the Innovator may only be the first among many newspapers and student organizations silenced by administrators at public colleges, with the blessing of the courts.
par-a-site n. 1. An often harmful organism that lives on or in a different organism. 2. A person who habitually takes advantage of the generosity of others without making any useful return. -- Webster's Dictionary.
It is the first day of class. A student in his early 20s strides into the classroom. A beautiful young woman walks quickly to keep up with him; she is so close to him that she bumps into his side. They sit in adjoining seats in the next-to-back row. I smile and look down at my census sheet. I call roll. He is Alex, with a last name I've never had the chance to pronounce before. She is Traci. "Ah, true love," I think. Smiling, I ponder young love as the students settle in to the assignment.
Three weeks into the fall semester, I realize the inequity. She is an A student -- bright, intelligent, motivated. He? A C student, haggling with instructors, looking for extra credit, borrowing her notes and time. The problem? He is bringing her down. Her grade slips because she turns her paper in late -- along with his. I know that she has done hers on time, but she holds on to it until he is ready, too.
In another world, I might think it is a beautiful sympathetic gesture; here I think it is a mismatched sign of her devotion. He does poorly on quizzes; she misses a few. I wonder if she does it to bridge the gap between them. In group work, he sits like a stone; she mimics his silence. Together they sit, mute, refusing to participate. They stride into class together every day -- late -- 5, 8, 12 minutes. Her attendance grade lowers, as does his. I can't help but want to take her into my office and tell her what I think. "Traci," I imagine myself saying, "He's bringing you down. He's a loser -- an underachiever. Think of what he'll be like later in the job force." With a wan smile, I might add, "Yes, I know you love him, but consider your future."
But I do not intervene. Why? Because I do not think that she will listen. She will act just as I did when I "fell in love" with a 21-year-old underachiever while in high school. My parents tried to warn me. My grandparents lectured me. My sisters smirked; but I held on to that man, desperate to make my own choices -- to someday show them all.
The result? I dropped out of high school, worked as a waitress and tried to impress him, me and the world. Finally he found another young woman to admire him and I was lucky enough to bury my sorrows at a local junior college. I hope that Traci, too, will find her way, with or without the underachiever who tucks her hand into his coat pocket as he stands in the hallway, his textbook clean, untouched.
It's an odd partnership, I think. But is it? On every campus I have worked, I have seen it over and over. The academically weaker ones attaching themselves to the stronger; hoping for a lift, a chance, a ride on someone else's success. Blatantly exchanging sex (or sex appeal), bravado, status, money or simply a ride to campus for another's brain-on-loan. Sometimes it develops into a romance -- but more often than not a partnership develops that seems mismatched. I want to be shocked; but I have seen so many things. Students buying term papers from one another. Students lying about work not produced. Excuses, excuses, excuses.
In my office, deluged with yet another onslaught of excuses, the phone rang. After four minutes of all the sympathy I could offer, along with the assertion that I would tape an assignment to my door, I turned to my colleague. "Guess she can only use that excuse one more time," I said to him. "Dead grandmother," I answered him before he could even ask. "Oh, yeah," he replies, his voice tired, "I've already had two and it's only four weeks into the semester."
Yes, we're cynical. But we buck up, lace our shoes tighter and get ready for another class. And we are prepared to see them arriving two by two, like a twisted version of Noah's ark. The all-too-attractive girl who can't spell with the engineering major who has already received four scholarship offers. The funny returning front-row student who is attached to the young man who can't seem to make it to class one out of every three sessions. Even the pal-teams are suspect.
In class today I noticed a young man who has missed two deadlines for papers. He sits and chats with a another young man on international status who has trouble with English. I can't imagine what that exchange will provide. I can only hope the international student will receive some pronunciation tips while the local student will hustle through his work and turn it in on time.
In my night class at another campus, two women friends straggle in 15 minutes late. Both are in their early 20s, with the usual giggling and guffawing as they sit. Yet when it comes to class work, one is head and shoulders above the other. That night I notice that the overachiever has started to use the same make-up techniques as her friend. I wonder if poor study habits will follow now, too.
What is the drive to couple up in college? Why the buddy system in the face of education? I think that fear plays a big part. At one large institution where I've taught, there are more than 100,000 students registered. Even faculty can be intimidated by the numbers.
Fighting for spaces to park, seats in classes, books at the campus bookstore -- even for the limited financial aid available can turn the most motivated student mad. And they do not bring their complaints to staff or faculty; they share them with each other. Many of the students will not take the college catalog or schedule at its word. They talk to peers and press for the underground news on campus. Who is the easiest grader? Will this transfer to a state university? If they take this course, how much will the instructor expect?
Can I get into this class -- or should I try at night? And by the time they get into the class, partnerships are forged. With the constant barrage of information, they steel themselves for another assignment. And who can understand their pain and confusion most? Their colleague in class. That sympathetic gal or guy sitting to their right who will not only lend them a #2 pencil, but will walk with them to their next class. An alliance is born -- and having been forged under the pressure of academia, it may be tempered so strongly that it will not easily break.
In some cases, these teams are really good for both students. One student's talents can help the other; they work to model positive behavior for one another. As a college student, I floundered. Wandering on a campus in Austin, Tex., I felt as though I would go mad if I saw yet one more big, shiny belt buckle. To my surprise, another West Coast student motioned me to sit next to him in accounting. Later he said that it was easy to see I was not a local -- my hairstyle and clothes branded me as "a little too liberal" for the crowd there.
Chuck helped drag me, complaining and wheedling, through bookkeeping practices. In return, I unofficially tutored him in English. At the end of two semesters, we had forged a partnership that made us each better students. I was able to get the right side of my brain to function with numbers, and Chuck became a fair writer, turning out business letters and proposals in his class for a solid A. Teachers who saw us shook their heads. "Those two," I heard an instructor mutter. Yes, we clowned around; yes, we laughed at the cafeteria food, but our transcripts took a tremendous leap.
Here is the value in student partnerships. Not the kind that are set up by well-meaning clubs or administrators, but born completely out of need. And the result? In this case -- fabulous.
But not all partnerships can claim success. I watch as a sympathetic working student hands his textbook to a newbie just out of high-school. She smiles at him, a Revlon red meant to attract. He looks dazed and his shiny eyes return to his handwritten notes. I know he means well, but I wonder if he will get his book back in time to study for the next quiz.
In another class, I watch as an experienced international student sweetly bullies another student into leading the group assignment. The newer student immigrant fights her natural shyness to rise to her new friend's challenge; I wonder if she will also help her more experienced friend write a thesis statement after class. Realizing that there is not much I can do, I look at my syllabus and write down "in-class writing" for the next Monday. I hope to try and identify the students who are not really producing their own work. Even as I circle the note in medium-blue, I know that many of my students will connect, sit with another on a Tuesday night and struggle through the Wednesday homework together. I can only hope that both students lend a hand and walk away better for the experience.
My curiosity wins out and I consider these teams. At times I sense that the academically superior student receives a sense of belonging or being adored that is hard to match with simple numeric grading systems. But I admit that as we make our way into the semester, I look over my attendance sheet at night and close my eyes. I pray for the success of both students -- and hope that they both find what they need without wasted semesters. I ask for guidance and hope that none of my students will ever have to know the shame that follows when your transcripts can never be sent on to another campus.
Just as instructors find mentors useful, so do students. And like their less educated counterparts, academics find friendships more natural than forced mentorships through administration. Many of my friends at universities discuss freshman interest groups. The good news is that many students new to the campus will find support by those they trust most -- their peers. Yet even this caring environment may breed a parasitic relationship where one student takes advantage of another. Here too, weaker scholars may find a less sophisticated counterpart to shore up their skills. The real solution is the confidence that comes with years of learning. When a student begins to sense the value of their knowledge, the cycle is less apt to continue.
On a day when I feel connected to the sky, to the grass around the campus buildings, to the instructor passing me in the hallway, and the flood of students from the parking lot, I hope that I am wrong. That I have misjudged. I hope that the partnerships will strengthen their experience here rather than weaken it; that they will move into universities or the working world with all that they need. That is my hope.
Shari Wilson, who writes Nomad Scholar under a pseudonym, explores life off the tenure track. Her last column was about the problems with once-a-week courses.
A new survey of literary reading in America by the National Endowment for the Arts, " Reading At Risk " has once again raised the alarm about the cultural decline of America. This one provides the news that we read much less literature, defined as fiction and poetry, than we did some 20 years ago. Indeed, the decline is substantial (10 percent), accelerating and especially worrisome because the malady of literature non-reading particularly afflicts the younger members of society, that critical 18-24 year old group (which shows a 28 percent decline in this survey).
Academicians rushed in to analyze, comment and explain this decline, but some of the commentary both in the report itself and in the academic discussion it provoked seemed to miss the mark. The predictable villains of the visual media, the electronic media and the Internet all came in for blame. Truth is, I am not sure that the data represent a cause for alarm.
I know I should worry. I am a historian, after all, and if people will not read fiction, surely they will read less history. And I'm a teacher, and like everyone else in the humanities, I know students just do not read like they used to do.
The trouble is, I am not sure the changes in our cultural context are necessarily a bad thing. I read many airplane novels, and I have to say that if the younger generation is doing something else with their time, not much is lost. I read New Yorker fiction when I feel the need to be literarily virtuous, but the pieces tend to be mostly depressing stories about lives that do not work out in rather low-level ways.
Then I go online. Here I find a complicated world filled with the good, the bad, and the ugly. Alive and constantly changing, engaged and engaging, requiring my constant decisions about what is worth reading or seeing and what is not. From the lowest pornography to tours of the treasures of the Library of Congress, from the stupidest blogs of the radical fringes, to the most sophisticated discussions of the decline of America's reading habits, everything is there.
What is missing of course is the prescriptive, gate-keeping censorship of the academic and other cultural mandarins, sorting out what is good for me and what is not. The college students who now show up in my classroom come with an informational sophistication unimaginable in my generation. They find what they want, they use what they find, and they discard immense amounts of information made available to them.
Are they naïve about authority, methodology, logic and accuracy in these endless streams of information? Sure, they are. Who should teach them how to sort this stuff? We academics, sophisticated readers ourselves who all too frequently escape into trendy obscurantism rather than engage the real world information flow that constitutes the actual cultural context of our time.
We, the literate part of the American population, need to reconnect with the actual cultural context, rather than fight micro-academic battles of almost no interest to people outside the elite tiers of the academy. We need a better metric than reading print books, stories and poems to define the active imagination and the creative industries of our time. Why is a trashy airplane best seller more of a valuable cultural artifact than the telenovelas watched with enthusiasm and discussed in endless analytical detail by the large and growing Spanish speaking part of America? Why do we assume depressing short stories or over-hyped formulaic bestseller novels represent more significant cultural artifacts than the film version of The Lord of the Rings, the Star Wars series, or the computer game community's imaginative products?
The decline in reading may well reflect the decline in formal study of the humanities in American universities. However, the problem is not the students but the material we teach, the sectarian nature of our controversies, and our general reluctance to put the humanities in the center of our culture rather than relegating them to fragmented enclaves along the partisan byways of academic enthusiasms.
We lose influence on campus to the sciences on one side because they appear and act as if they know exactly what they are doing, how they do it, and for what purpose they do it. We lose influence on campus to the professionally oriented disciplines on the other side because they have a purpose and a method anchored directly in the center of the real world their disciplines address.
We in the humanities, and very frequently as well in the social sciences, often do not know and do not agree on what we think we are doing. We have few common standards and we ask little of our students who have time for non-academically related campus activities. We wonder why our voices carry such little weight when our culture seems to need us so desperately to sort out fundamental issues of values and judgment.
Our weakness on campus as humanists and social scientists reflects our frequent disconnect from the major issues that drive our culture and society. We know a lot, about many topics and issues. We have complex and specialized languages that define our place in political and intellectual sectarian spaces. While the best among us teach interesting courses to many students, most of us publish and build our prestige in the academy with mostly unreadable prose using such terms of art opaque to any but the specialists.
Although our scientific colleagues are often even more incomprehensible than we are, they have found ways to demonstrate the utility of their work so that a whole industry translates their science into terms ordinary citizens can understand. Some of our humanistic and social scientific colleagues find audiences outside the academy, but many people find it hard to distinguish between the opinionated rant of an e-zine commentator and the reasoned logic and well-researched judgment of a humanistic scholar. Often the rant is easier to read and more accessible than the reasoned argument.
What to do? I am not sure, but the first thing would be to pay close attention to what people are reading, what they are seeing, and how they do engage the common culture. The message of "Reading At Risk" is that something other than literature in print form engages more and more of our fellow citizens, and we might want to try to learn how to speak to them in the voices they want to hear.
Where better to learn how to do this than with our 18- to 24-year-old undergrads?
When people think about a "threat," they tend to imagine a variety of dark scenarios -- from the mugger in the alley who says, “Your money or your life,” to the chilling answering machine message where a faceless person says, "I will kill you.” Threats like those have never been considered "free speech." In fact, true threats are a crime. In general, for a comment to qualify as a true threat, it must cause reasonable people to believe that they are going to be physically harmed.
Unfortunately, many colleges -- eager to ban speech that administrators or students do not like -- have latched onto the "threat” exception of the First Amendment to justify banning speech that is not actually threatening (as the term has been defined by the law) but instead is merely offensive to the listener. Redefining a “threat” as anything that offends is a dangerous game that discredits accusers, underestimates students' ability to cope with ideas they dislike, and trivializes the seriousness of actual threats of violence.
The latest example of this disturbing trend comes from William Paterson University, a public university in New Jersey. Jihad Daniel, a master’s student and university employee, privately responded to a mass e-mail message sent by a professor, Arlene Holpp Scala, announcing a campus showing of Ruthie and Connie: Every Room in the House, a film Scala described as a “lesbian relationship story.” The e-mail provided a link so that recipients could contact Scala. In his response, Daniel, a devout Muslim, wrote, "Do not send me any mail about ‘Connie and Sally’ and ‘Adam and Steve.’ These are perversions. The absence of God in higher education brings on confusion. That is why in these classes the Creator of the heavens and the earth is never mentioned." That is the entirety of his response. All too predictably on the contemporary campus, Scala brought charges against Daniel for making her "feel threatened at [her] place of work." Showing complete disregard of the right to dissent protected under the First Amendment, the university found Daniel guilty of "discrimination" and "harassment."
Scala’s reliance on the claim that she felt “threatened” is especially disturbing. Did she really fear that this 63-year-old man would harm her, just because they disagree about homosexuality? Yes, many people might find Daniels’ opinion offensive, but the expression of a religious opinion is hardly a threat.
Sadly, Daniel’s case is just one example of how threat allegations are abused on campus. For example, Ursula Monaco, a part-time student at Suffolk County Community College, on Long Island, was punished in 2003 for an e-mail message she accidentally sent to her professor in which she referred to the professor as a "cunt." Even though that the e-mail was clearly addressed to someone else and that the First Amendment has no exception for even the c-word, Monaco was found guilty of both “harassment” and “intimidation.”
To clarify, “intimidation” in the legal sense is essentially the same thing as a threat and doesn’t occur any time a person feels intimidated; such a vague and broad standard would devour free speech. According to the Supreme Court, intimidation is “a type of true threat, where a speaker directs a threat to a person or group of persons with the intent of placing the victim in fear of bodily harm or death.” Did the Suffolk County professor really believe she was in physical danger because of a single profanity uttered by a 55-year-old grandmother? Unlikely. Yet the administration deemed her guilty of "threatening, intimidating," and "harassing" the professor. Fortunately, the Foundation for Individual Rights in Education came to Monaco’s defense. After eight months of corresponding with the college, the administration eventually decided to “suspend” the punishments.
It was clear from the start that Suffolk County’s administration had used the e-mail as a pretext for severely punishing Monaco, who was a student journalist and a persistent critic of the administration. Tellingly, her punishment included being banned from having “any contact with the student newspaper,” and stipulated that she “may not contact the office” of any school paper by “any means, including mail, telephone or e-mail,” that she “may not submit articles” to any college paper, or “propose or suggest an article to anyone associated with a campus newspaper.” She was even banned from “approach[ing] any member of the campus community for the purpose of collecting information with which to write a news article.”
For those familiar with history, there is nothing surprising about people in positions of power using perceived exceptions to free speech to silence vocal critics. In fact, the very predictability that cases like Monaco’s will arise is why we must be careful not to allow legitimate exceptions to free speech, like threats, to grow into amorphous, easily abused concepts.
Students are not the only ones harmed by college administrators’ expansive use of the concept of threats. At the University of Alaska at Fairbanks, a professor, Sandra Bond, was punished by the administration for posting two signs on her office in 2003. One said, "The End is Near," while the other was a K-Mart advertisement for guns and ammunition. The first sign referred to her contract being almost finished and her leaving the university, while she posted the latter because she found K-Mart’s slogan "The Stuff of Life" ironic in an ad for firearms. Bond, who was in her mid-40s -- and who walked with a cane due to multiple sclerosis -- had apparently scared the criminal justice department so badly that she was found guilty of threatening and intimidating the department, and placed on “administrative leave…effective immediately.” They even forbade her from entering her office building without official permission.
Do cases like those at William Patterson, Suffolk and Alaska arise from a pervasive misunderstanding of what "threats" actually mean? The recent case at Washington State University might suggest a more cynical answer. A student, Chris Lee, wrote and produced an intentionally provocative comedy/musical mocking The Passion of the Christ. In the spirit of South Park, the play went out if its way to mock everything from race, to religion, to sexual orientation, to stereotypes themselves. To make sure people knew what they were getting into, the play was widely publicized as being potentially "offensive or inflammatory to all audiences," and identification was checked at the door to prevent those 17 or under from entering.
At the April 21, 2005, performance of the play, approximately 40 student protestors attended. The protestors stopped the play several times with shouts and threats. Unlike those in the cases above, these threats were crystal clear. According to Lee, and a tape of the performance, these threats included, “I kill you,” “You better watch out,” “Get off of there or I’ll mop your fucking head,” “We will get you outside,” and, “We will kill you.” Washington State's security refused Lee’s request to remove the protestors and even told Lee to change the lyrics to one of his songs “to avoid a possible riot or physical harm.” As FIRE wrote at the time, “Washington State security’s obligation was to protect the performance -- not to enforce the will of a mob that it claimed teetered on the brink of violence.”
Surely, Washington State would not tolerate actual unlawful intimidation of a student production. After all, the university had already produced The Vagina Monologues, as well as Tales of the Lost Formicans, which included a depiction of a character masturbating onto an American flag. Certainly, Washington State administrators understood that they must not empower mobs to silence any performances that might offend their sensibilities? Well, they may have understood that, but in this case, they didn’t care. Not only did the president of the university defend the mob’s actions as a “responsible” exercise of their free speech and refuse to reprimand the campus police, but it turns out Washington State actually purchased the tickets for the protestors in the first place!
So in one case a 63-year-old student, and in two others two middle aged women (the taller of the two is 5’4”), are portrayed as placing other adults in mortal terror, while a mob of 40 angry students disrupting a play and shouting death threats is called a “responsible” exercise of free speech!? These kinds of distortions and double standards are all too common on the contemporary campus. The danger posed by the above cases, however, are especially grave. Washington State's reliance on violent mobs to silence social satire is especially chilling and reminiscent of dark chapters in our history. While in cases like Washington State or Suffolk, the administrators seem to fail to understand that by relying on such a loose definition of “threats” they may undermine how seriously the public takes real claims in the future. It may be time for a refresher course in The Boy Who Cried Wolf 101.
Greg Lukianoff and Azhar Majeed
Greg Lukianoff is director of legal and public advocacy of the Foundation for Individual Rights in Education. Azhar Majeed is a second year student at University of Michigan Law School and a summer legal intern for FIRE.
As the academic year unwinds, college administrators across the country anxiously await the inevitable bad news from their campus safety departments. In addition to relatively minor infractions of campus rules and regulations, there will be binge drinking, the plagiarizing of papers, and often much worse, such as acts of physical and sexual violence. It is clear that students who commit serious and violent criminal offenses must be expelled, for the safety and well-being of all. But what of the majority who commit lesser violations of campus or criminal codes? Are we using the best approaches to hold such students accountable for their actions and to meet the needs of harmed parties and the campus community?
Though colleges and universities are generally viewed as forward-thinking, even experimental, campus judicial responses generally rely on uncreative, cookie-cutter sanctions. Judicial officers are overly cautious in response to liability concerns, outcomes are often dissatisfying to victims and offenders in the process, and the system has been unable to change campus cultures dominated by partying. Campus judicial responses are lagging behind the criminal and juvenile justice systems in our society in using new, effective strategies. College campuses are ideal places to develop and test such strategies, but so far our institutions of higher learning have largely stayed out of the loop on this matter.
"Restorative justice" is a new response to offending behavior and the approach has a proven track record in criminal and juvenile justice cases. Not only does it reduce recidivism, but it is widely perceived by offenders and victims as fair and better able to meet their emotional and material needs than traditional retributive responses. Restorative justice approaches to student misconduct are a promising tool that liberal arts colleges such as Skidmore College and large public institutions like the University of Colorado are using effectively to change campus culture.
Restorative approaches call upon offenders, victims, and community members to participate in the decision-making process following a campus violation. Through open dialogue, each participant comes to understand the full impact of the offense, educating the offender about the consequences of his or her behavior. This alone is a powerful device for eliciting sincere expressions of remorse and commitments to right the wrong. Articulating the harm in detail also paves the way for creation of a restorative agreement -- a list of tasks tailored to repair the harm and rebuild the community’s confidence in the offender. Typically, such tasks include apology letters, further research on the impact of the harm, restitution, community service that is linked to the offense, and activities that better integrate the offender into the campus community. At Skidmore, students cannot register for the next semester’s classes until their restorative agreements are completed. This is a direct message that it is up to the offenders to take responsibility not only for their prior misconduct, but also for their future education.
Three cases, drawn from a variety of institutions nationally, help to illustrate this approach. The first involved a group of athletes who stole and made use of disabled parking placards. The incident generated significant ire among the disabled community. A restorative conference was held with the athletes and affected parties, including professors and students with disabilities. The dialogue enabled the athletes to learn the impact of their behavior and reduce the tension between these groups. While the athletes took responsibility for their behavior in several ways, it is notable that a major component of the restorative agreement was a collaboration with educational goals. The athletes and some of those with disabilities agreed to co-produce a video about disability issues and to present workshops during first year student orientation.
The second case was a response to a theft by a drunken student. Walking home from a bar, a student stole a public art object that was part of a citywide project of the local arts council. Participating in the restorative dialogue was the student the local artist, the store owner who sponsored the artist, and the director of the city arts council. Each was able to express how he or she was affected by the theft. By the end of the meeting, the offender committed to completing 100 hours of community service at the arts council, paying the costs of repairing the artwork, helping write a guide to proper conduct for students living off-campus, completing an alcohol use assessment, and organizing an alcohol-free social event on campus. Later, when the case reached the criminal court, the prosecutor and judge were impressed that the campus obligations were more onerous than the fine and probation they intended to impose. Restorative justice, they realized, was not soft on crime.
The third illustrates the use of restorative justice in an academic case, highlighting how the approach is particularly relevant to the educational setting. Here, a student plagiarized a paper, and appeared before a restorative panel to discuss the harmful consequences and create a plan of action. During the discussion the student learned about the disappointment and sense of betrayal expressed by her professor. The panel members were able to learn about the student’s lack of confidence in her ability to write a "college-level paper." The group agreed to a restorative contract that included several items: rewriting the paper to demonstrate a proper use of sources, an apology to the professor, and a presentation to the campus community about academic integrity and how to protect it.
Such examples illustrate the educational nature of the restorative approach, rather than having the response be simply punitive. Students are expected to reflect on the consequences of their actions. They are asked to take active responsibility for making amends. They must demonstrate their ability to be pro-social members of the community. With such an approach, there is rarely a need to suspend students for their misconduct because the response is sufficiently demanding and highly supervised. Students are not let off the hook, but they are not ostracized either. Most often, the best place for them is on campus, facing the problem directly. Campuses can do much more than cut and paste the standard issue disciplinary code. Already, job ads for campus judicial officers are calling for backgrounds in restorative justice, and this is a good sign. Now, all we need are the programs for them to run.
David R. Karp
David R. Karp is an associate professor of sociology and director of the Law and Society Program at Skidmore College.
I’ll be the first to admit that the Internet has proven to be an incredibly democratizing tool in higher education. Typewriters, mimeograph machines, floppy disks (the real ones) -- to me they’re the stuff of legend. Yet I’ve gotten to wondering if a few recent campus incidents haven’t revealed a disturbing problem in the way technology has changed the way we communicate in academe.
As a freshman way back in the technological stone age (the mid 1990s), I can remember professors announcing that we would experiment with e-mail to communicate class announcements -- a totally new concept for teachers who corresponded with family and friends with a pen, not a keyboard, when they were students. From that point on, I’ve enjoyed new technological tools as an undergrad, graduate student, and administrator. The benefits to higher education -- speedy communication, increased access to information, etc. – have been obvious. I for one couldn’t imagine not renewing my library books online, let alone what it must have been like to use a rotary phone in a dorm room.
At the same time, it’s hard not to notice that for many students and faculty members, the Web also provides an open environment to bash, belittle and bemoan. Trivial? Not so much when students utilize these tools to bypass their college communities and create a wholly unproductive debate on some hot-button social topics. The fact that the discussion on these issues has been essentially outsourced to the Internet is, frankly, somewhat troublesome.
Take the case of Ryan Miner, a sophomore at Duquesne University. Miffed at the prospect of a gay/straight student organization forming at the Roman Catholic university, Miner decided to voice his opinion. But instead of seeking a meeting with the organization’s leadership or Duquesne officials to explain why he felt the group didn’t belong at the university, Miner simply posted his comments -- which described homosexual acts “subhuman” – on Facebook.
When fellow students discovered Miner’s post, they brought it to the attention of Duquesne administrators, who in turn alerted the university’s judicial services. A few letters and a hearing later, and Miner is facing possible dismissal from the university. Did Facebook allow for Miner’s opinion to be seen and heard? Absolutely. Did the post accomplish anything positive on either side? Not a single thing. n fact, the medium used to express his opinion only encouraged Miner to be callous and superficial.
Now, there’s nothing wrong with expressing your opinion online. But something gets lost when students decide to drum up support against a campus organization out in cyberspace. The American college campus has been, at its very core, a site for the exchange of views and knowledge -- a utopia for the promotion free expression. Thus, it’s all the more reason, first and foremost, to keep the debate on campus and in person instead of relegating it to the relative ambiguity of the Internet. If Miner would have sat down and spoken with gay students or university administrators, he could have articulated his case respectfully without yielding his position and, maybe, even learned about the issue through the views of others -- an outcome much more likely to occur in person than online. If appreciating differences of opinions and learning to work with others is a prime effort of the “college experience,” then effectively making your argument online by yourself makes zero sense.
Faculty members taking the same steps can be equally as damaging to the campus (not to mention themselves). John Daly, an adjunct professor at Warren County Community College, resigned this month amid the controversy over an e-mail he sent to a student regarding an upcoming symposium supporting the war in Iraq. Instead of taking his qualms to the administration, or seeking a meeting with the student to discuss the situation, Daly simply berated the student in an e-mail. The college specifically stated that Daly's letter was “sent as a one-to-one message, via e-mail, to one person, and not to the college community.” Daly might still have his job if he opened his mouth before punching the keys.
Similarly, University of Kansas Professor Paul Mirecki’s comments about an upcoming course on intelligent design, which he was slated to teach, created a stir on KU’s campus and recently resulted in the cancellation of the class. Mr. Mirecki’s comments, e-mailed to a student listserv, referred to religious fundamentalists as “fundies” and expressed the hope his class would provide “a nice slap in their big fat face.”
By using the Web as the primary vehicle to drive their arguments, Miner, Daly and Mirecki created combative situations that never stood a chance of being heard fairly, equally, and productively from all parties involved. Sure, they expressed their opinions, but this is less about freedom of expression and more about how we communicate with one another responsibly.
If these three cases are any indication of where we are headed, then perhaps there should be a fresh effort to remind students and faculty that their views about campus issues are, at times, better communicated through more traditional means. Colleges have spent a great deal of time and effort attempting to regulate e-mail communication -- why not promote the virtues of face-to-face interaction? Facebook and e-mail have one student close to expulsion, one professor looking for a new job, and another unable to teach a course he created. Would these situations been resolved to everyone’s approval had Miner, Daly and Mirecki rapped on their respective presidents’ doors? Maybe not. But if their views had been channeled on campus -- the place best suited for a fair and informed dialogue -- I’m willing to bet none of the three would be facing the problems they have today.
Robert Steele Jr.
Robert Steele Jr. is a doctoral candidate at George Washington University.
The Supreme Court’s refusal to hear the appeal in Hosty v. Carter lets stand a disastrous decision by the U.S. Court of Appeals for the Seventh Circuit that threatens the autonomy of campus newspapers. And although the decision directly applies only to Wisconsin, Indiana, and Illinois, it will be used by public colleges across the country to censor student expression.
The Hosty case dealt with the administration’s prior restraint of a student newspaper at Governors State University, whose officials had been criticized by the publication. But the ruling will have an enormous impact on college students’ rights. The ruling marks the first major backward step in legal protections of the rights of college students, and it may be the start of an ominous trend. If student-funded newspapers can be censored, then so can student-funded speakers. In loco parentis, the legal concept giving administrators the power to regulate college students as a parent controls immature children, is making a comeback for the first time, decades after it was killed in the 1960s.
The global protests over these drawings have given us the horrifyingly un-ironic term “cartoon death count.” But in America, the key question is whether newspapers should print offensive content, especially when that content itself is in the news. Most American newspapers have refused to reprint the cartoons -- despite their importance in the news, claiming that readers can understand the cartoons without seeing the images.
Perhaps it’s no coincidence that most of the campus newspapers that have published the Danish cartoons are at public colleges in the Seventh Circuit, including The Daily Illini (University of Illinois at Urbana-Champaign), The Indy (Illinois State University), The Northern Star (Northern Illinois University), The Communicator (Indiana University-Purdue University at Fort Wayne), and The Badger Herald (University of Wisconsin at Madison). The Hosty case has raised the awareness of student journalists at these campuses, and perhaps made them more sensitive to issues of freedom of the press that are central to this debate.
Sensitivity is the question at stake with regard to the Danish cartoons. Should we be sensitive to the feelings of Muslims who have a sincere religious opposition to visual depictions of Muhammad? Or should we be sensitive to news values that dictate that our first instinct should never be to conceal something from our readers?
As the author of an article that included the controversial Danish cartoons in The Indy, an alternative newspaper at Illinois State University, obviously I have taken a stand on this question. It’s unfortunate that Muslims are offended by these images. But once anyone’s sense of being offended becomes the standard for determining publication, we will have lost much of the liberty essential for a free press.
The principle of freedom of the press holds that these decisions should be made by individual newspapers without government intimidation. But the Hosty ruling now gives administrators the power to impose bans on cartoons such as this, and we can only imagine how many college newspapers will face censorship -- and how many student editors will think twice about printing a controversial story or cartoon.
Of course, the fact that it is legal to print cartoons doesn’t necessarily mean that it’s a good idea. However, the attempts to suppress these cartoons by violence and censorship have made this a question of free expression. It is important for journalists to publish these cartoons no matter how offensive they are, to make the point that journalists should not be intimidated. Newspapers have a duty to print offensive images when they are newsworthy, whether these images are offensive cartoons, or Abu Ghraib torture photos, or the bloody victims of suicide bombers. Sensitivity is reflected in how we react to the racism directed at Muslims, not in our willingness to censor news in order to appease religious traditions.
At a time when media consolidation makes the mainstream media more and more reluctant to offend anyone who might threaten the bottom line, student journalists are the ones who can stand in defense of true freedom of the press. The fact that more student editors than professional ones have dared to print the cartoons should be a matter of quiet disgrace -- not for the students, but for the professionals.
But the Hosty case puts liberty of the campus press at risk. Even if few colleges openly crack down on student newspapers, the threat will always be there. And self-censorship is the greatest danger under a repressive regime. In the wake of the Hazelwood decision by the Supreme Court, which now applies in the Seventh Circuit to colleges, the high school press has been devastated by censorship. Principals across the country routinely censor even the most modest attempts at critical journalism, and many more student journalists simply give up because of the knowledge that they are not free to publish important work.
The response to the cartoon has already brought censorship on campuses. In Canada, Saint Mary’s University philosophy professor Peter March posted the cartoons on his office door, prompting the university to ban them. At Century College in Minnesota, an adjunct instructor who posted the cartoons on a bulletin board was told by a department chair not to replace them after they were ripped down. Other have suffered worse consequences. The Danish editors have faced death threats.
Cartoons have often had a remarkable ability to offend, and the right to print offensive images is fundamental to our constitutional rights. In the 1973 case Papish v. Curators of the University of Missouri, a graduate student was expelled for "indecent conduct or speech" because she handed out a newspaper, The Free Press Underground, that showed a cartoon of a policeman raping the Statue of Liberty. The Supreme Court made the case a cornerstone of student rights and ruled, “the mere dissemination of ideas -- no matter how offensive to good taste -- on a state university campus may not be shut off in the name alone of ‘conventions of decency.’" Now it can be shut off -- for decency, or any other reason.
Cartoons have frequently caused controversy on campus. In 2001, the University of California at Berkeley’s Daily Californian sparked protests because of a cartoon mocking the 9/11 terrorists by depicting them in hell. In 2002, a syndicated Oliphant cartoon showing Muhammed at a cocktail party sparked outrage when Purdue University’s student newspaper printed it. Other cartoons have caused protests or censorship because they mocked university officials or utilized racial stereotypes. In 2005, the University of Illinois’ Daily Illini suspended a cartoonist, Matt Vroom, because of one of his offensive cartoons was deemed anti-Semitic and got published accidentally.
The Daily Illini has also been the focus of debate over publishing the Danish cartoons. After Muslim groups protested the decision, the publisher suspended the editor-in-chief and the viewpoints editor (ostensibly for violating “process” by failing to consult other editors, although it’s hard to imagine any other topic where anyone would object to the viewpoints editor running a column by the editor-in-chief). The Daily Illini followed this up by enacting a new policy banning discussion of the newspaper on blogs by any students who work for the paper.
This incident is particularly troubling because it foretells what could happen to many more editors who dare to offend. The Daily Illini is an independent corporation unaffiliated with the University of Illinois. In theory, this should mean greater freedom. But independence means that these editors have no First Amendment protections against their overseers, as campus newspapers had until the Hosty case. As a former Daily Illini columnist, I can only view with sadness the idea that freedom of the press is being sacrificed at my alma mater on the false altar of religious tolerance.
College administrators have now been given the legal authority to censor any activities funded with student fees, which could have dramatic consequences. If sensitivity to Muslims (or any other group) becomes the prevailing standard, will right-winger Ann Coulter be banned from campuses? Speaking on Feb. 10 at the Conservative Political Action Conference (where Dick Cheney and Bill Frist were also prominent speakers), Coulter declared: “I think our motto should be, post-9/11, raghead talks tough, raghead faces consequences." Although Coulter is an ugly racist, her sickening views need to be countered, not prohibited. However, the first step in condemning Coulter is to repeat her horrible words. If we want to condemn someone, whether a cartoonist or a writer, we must first see the work. And then we must understand that critique, not censorship, is the only way to convince people to comprehend the truth.
The College Media Advisers proclaimed in response to the Supreme Court’s refusal to consider an appeal, “It is now all the more imperative that student publications establish clear operating guidelines as designated public forums, if they already haven’t.” The presidents at Illinois State University, the University of Southern Indiana, and the University of Wisconsin at Platteville have signed declarations protecting freedom of the press on their campuses, but according to the Student Press Law Center, more than 75 public colleges in the seventh circuit have taken no action. Advocates of liberty on college campuses need to convince these campuses to protect their student newspapers, and they also need to persuade state legislators to pass “reverse Hosty” laws to protect the rights of students at campuses like Governors State University that will never voluntarily grant First Amendment rights to their students.
Some critics may see the decision by campus newspapers to reprint these cartoons as a good reason to impose more control by administrators over students. But even those who see publishing the cartoons as a terrible error must understand that the liberty to make mistakes is essential in a free society. It is also essential for students to learn. At campus newspapers across the country, the cartoon controversy has been a tremendous learning experience for student editors, whether they decided to print the cartoons or not. They have learned something about Muslims, and about whether it is wise to offend readers. And, sadly, student editors have learned in the past month that freedom of the press is not so secure as they might wish.
I am a baby-boom parent with children in college. We baby-boomers, now in our pre-dotage, have become infamous on college campuses -- again -- this time for noisily hovering over our children as they try to make their ways in the world (see Wikpedia on “helicopter parents”). From my own bleak experience -- both professional and personal -- I can say with confidence that our children become adults not because of our involvement in their lives, but in spite of it.
Penny Rue, the University of Virginia’s dean of students, calls us “benign dictators.” We, who reacted against the enforced age hierarchy of our own dictatorial parents, have become instead oppressors whose rule is based on the illusion that we and our children are peers, Rue says. And the illusion is so strong, that our children are fooled into not claiming the birthright that we claimed at their age: personal autonomy.
This embrace of dependence is not surprising given the attitudes of contemporary college students toward their parents. At the University of Maryland at College Park, James M. Osteen, the assistant vice president for student affairs, writes, “I find that students and their parents generally have a much closer relationship in recent years as compared to earlier decades. Students are very likely to list their parents as significant role models; whereas in the past students might name people like Gandhi, Martin Luther King or Mother Theresa.”
It is sweet and fine for your 5 year old to think of you as sainted and heroic, but for your 20 year old to have the same attitude should be worrying. Why don’t we hear self-help sages speaking of the problem of arrested development any more? Where are the Erik Eriksons of yesteryear?
Rue and Osteen see the positive side of parental involvement. Both judge today’s parental role as student advocates to be an invitation to college-parent partnerships that can benefit students. But they also recognize the dangers: Both Osteen and Rue note that with parents handling everything from roommate problems to purchasing airplane tickets, students cannot develop a sense of mastery and the confidence necessary to live on one’s own. Erikson might observe that such parental behavior deprives young people of their identities as autonomous and competent adults.
I learned my own necessary lesson about meddling in my children’s education probably too late, after the critical period of Eriksonian development -- when the second of my three children was in sixth grade. Before that, I would regularly become concerned and then incensed about some way or other schools were failing my children. So caught up in tilting at windmills, I did not devote a moment’s attention to the big picture -- to problems of other students, teachers, schools, or to my children’s educational needs beyond small and preoccupying slights.
This is how I learned my lesson: My child, a superior sort of girl, of course, seemed not to be doing any work, while at the same time was receiving good grades. At a teacher conference I complained/boasted that my daughter was not doing any work and getting good grades. I suppose I imagined that with the complaint, her brilliance would be more appreciated, and she would get the special attention that as an exceptional person she deserved. Sure enough, it got her more attention immediately. Her grades plummeted. She became discouraged. And until she enrolled in college and had only herself to please, she never again studied for a test or did a lick of homework. To this day, this is the story my children tell their friends to describe the sort of person their mother is. There is no living it down.
As a parent of two in college and one in graduate school, I get involved only in questions of spelling. They may beg me to advise about conditional clauses, but I stand firm. I do listen to complaints about roommates, but have learned that in this area as in most issues of personal relationships it is best to listen only.
If other parents would fail earlier in their micro-management careers, college educators would not have to grin and bear helpful advice from over-bearing parents who threaten to bury student affairs offices under ship-loads of constructive criticism. Student affairs professional regularly remark to novices, “You see all those students walking around with cell phones? They are not talking to friends. They are talking to their mothers.”
And what are these students telling their parents? What they want to hear: that the people who run colleges don’t know half as much as their parents do and that life on campus is hell. And then their parents get on their mobile phones and call administrators who, if they weren’t chained to their desks would run screaming from their shabby little offices each time a call from a parent were announced.
I’ve looked at life from both sides now -- as a parent and as a college administrator. These calls can generate a lot of negative emotion -- raising blood pressure of both parents and college administrators. The number of these calls increase exponentially every year. The U.S. Census Bureau reports that in 2003, 16.6 million students were enrolled in college. I imagine that 16.6 million cell phones transmitting the troubled chatter of parents and children about what is going wrong in college must surely be capable of unbalancing the music of the spheres.
When I worked in a college president’s office, I often took calls from irate parents. I sometimes thought I felt the universe skipping a beat as they described the woes of their children in college: not being able to get into a popular (gut) class; wet, slippery floors in the bathroom; having to go to class in the snow/wind/rain; having an electrical box mounted outside their dorm room (which was sending out dangerous electrical waves); poor grades on tests studied for; having to study for tests over Thanksgiving break; having too short a Thanksgiving/Christmas/Summer break; administrators not doing something about hurt feelings caused by not being offered a place in a fraternity; not doing something about roommates having sex; not being allowed to cheat on exams; the president getting too tough on those who assault others, etc., etc. Some parents would call already angry. Some would become angry when they realized that no matter how much they wanted it, changing the university was going to take longer than 24 hours. They became angrier and angrier as they were transferred from one office to another. The political science department would get calls from parents complaining about fully enrolled courses out of which their children were closed out. The department would pass the calls on to the provost’s office, which would pass it along to the president’s office. What did I do? I told these parents to write to their legislators about getting more funding for public universities. I pitied the next person they would talk to after getting off the phone with me.
Sometimes I think that my generation doesn’t much care about what we are trying to control. It is the existential act of exerting control that is important to us. Not going gently into that good night makes us forget ultimate truths. We may have short memories, but those we plague with our demands do not. Student affairs officers shake their heads and remember that baby boomers in their own youths had demonstrated for increased personal freedom, and had gotten rid of the college practice of in loco parentis. Now for their children, irony of ironies, they are demanding that it be put back.
In our 45-60 years we have been promiscuous and irrational in many of the issues we have raised our voices about. We got the U.S. out of Vietnam and, 30 years later, into Iraq. We started the sexual revolution, and now we vote for anti-birth control and anti-abortion politicians. We rejected our elders’ assertion of control over our lives and we put chokeholds on the lives of our children.
The time has come to think about the consequences of indiscriminately throwing our considerable middle-aged weight around. It seems to me we have to face some facts. First of all, we need to let our children grow up. Second, we need to realize that we can’t stop the world from turning, that the generation we bred will replace us, and that they need to be prepared to do so. Most of all, we need to grow up, grow old, shut up, and step aside.
Margaret Gutman Klosko
Margaret Gutman Klosko is a writer based in Virginia.
There's been a fair amount of attention over the last week to the issue of hazing and women's college sports teams. The Web site badjocks.com published a number of photos depicting the Northwestern University women's soccer team conducting an initiation for new players. The women are shown being forced to chug beer, give lap dances to members of the men's soccer team, all while various words and pictures are drawn on their bodies. Then the same site followed up with pictures from a dozen other colleges and universities, almost all of which focus on hazing/initiation rituals involving various women's sports teams. All of the colleges involved have anti-hazing policies, and all (naturally) prohibit underage drinking.
In the national media, the faces of the women involved are obscured, but on badjocks.com, they are in full view. Though it was obviously foolish for the teams involved to photograph their hazing rituals and post the pics on the Internet, I grieve for the embarrassment the young women involved must now be feeling, and I have no interest in staring pruriently at the various details of their humiliations. We must remember the intent of those who uploaded the photos to sites like webshots.com; these pictures (often showing students in their underwear) were for the enjoyment of a select few, not a huge national audience. Foolishness on the part of those who don’t know better doesn’t excuse leering on the part of those who do.
What I've seen tells me what I already knew: the kind of hazing that takes place on contemporary college campuses is more or less identical to what happened when I was an undergrad 20 years ago. The essentials, then and now, are these: forcing the pledges/initiates/rookies/frosh to undress (at least to their underwear); forcing them to consume large amounts of alcohol; asking them to "perform" sexualized dances in front of members of the opposite sex. The Northwestern women were required to give lap dances in their underwear in front of members of the men's soccer team -- while the Quinnipiac College men's baseball team is shown on the site stripping and dancing for a group of unidentified women.
As an adult who struggled with problem drinking for years, I am of course greatly concerned by any ritual that requires that folks consume large amounts of booze in a short period of time. I have no sympathy for those who see binge drinking as an essential rite of passage; I've seen the damage it can do to lives and bodies.
As a feminist, I'm grieved to see that ritualized sexual humiliation is still such a vital mainstay of initiation practices. It's not new, of course. When I was a freshman at Cal, I flirted with the idea of joining a fraternity (one to which my grandfather, a great-grandfather, and numerous uncles and cousins had belonged). In the end, I decided not to, both for reasons of principle and because I worried that I wouldn't fit in with the fraternity culture. I had lots of friends in the Greek system, however, and I heard their initiation stories. One of my former wives was a Pi Phi in the late 1980s; she told me that she had never gotten over her hazing. She recalled being stripped to her underwear, at which point all the "actives" (members) of her sorority took magic markers and wrote on her body -- circling areas that they thought "needed work" and writing commentary about her attributes. She said she laughed at the time -- but years later, she would still sometimes gaze at those parts and think about the criticisms and obscenities she had seen written there.
I'm a fierce fan of intercollegiate sports. With the possible exception of golf, I love to watch men and women play any NCAA sport. I know the good that sport has brought to my life, and I've seen it bring discipline, health, camaraderie, and character to a great many young people. I'm not one of those professors who "goes easy" on the jocks, but I'm not someone who wishes that intercollegiate athletics would disappear, either. And as a fan of sports -- and former athletic department tutor at UCLA -- I've got at least a passing understanding of how vital it is to build close community on a team.
I think initiation rituals can be very valuable. Requiring frosh or rookies to go through a series of steps before they are accepted as full-fledged members of the team is healthy. It is axiomatic that to suffer together is one way to build community. But not all suffering is the same. Forcing the frosh to run extra laps or do extra push-ups or go through a weekend of brutal fitness camp can build community and fellowship just fine -- all without a drop of alcohol and without a single lap dance. Requiring frosh to put on silly skits that don't involve vulgar humor, nudity, or intoxication (or asking them to memorize all the verses of an ancient school fight song) can have a similar bonding effect. The problem is not with the nature of sports teams/fraternities/sororities, or with initiation rituals -- the problem is with a culture that connects that valuable process of initiation to ritualized sexual degradation and binge drinking.
Too many university policies (such as Northwestern’s) confuse the positive effects of team-building exercises with destructive and humiliating hazing. As quoted on the badjocks Web site, the NU policy reads in part:
The university defines hazing as any action taken or situation created intentionally, whether on or off university premises, to produce mental or physical discomfort, embarrassment, harassment, or ridicule. Such activities and situations may include but are not limited to paddling in any form; creation of excessive fatigue; physical and psychological shocks; quests, treasure hunts, scavenger hunts, road trips, or any other such activities carried on outside the confines of the university; wearing apparel that is conspicuous and not normally in good taste; engaging in stunts and buffoonery; requiring sleepovers or morally degrading or humiliating games and activities.
Banning all treasure hunts, quests, and road trips along with underage drinking and strip shows demonstrates a complete disregard for the potentially positive aspects of initiation rituals. There are countless physical challenges that can be offered to frosh that allow them to retain their clothes, their dignity, and their sobriety -- all while pushing them beyond their limits. Hazing can degrade, but healthy and constructive games and rituals go a long way to building that precious sense of camaraderie which is such a vital part of the college experience.
But a call to recognize the positive aspects of some traditional initiation rituals is not a defense of what we apparently see in the pictures from Northwestern. This sort of hazing troubles me so much is because it is so fundamentally antithetical to what sports can be in women's lives. The beauty of sports for women, at the high school or college level, is that it teaches women that their bodies are not merely decorative objects to be gazed at. It teaches women that their sexuality and their potential reproductivity are not their greatest assets. Sport -- at its best -- teaches girls that their bodies are strong, and powerful; it teaches the athlete that she can transform and control her flesh for her own delight as well as for the good of the team. It turns objects into subjects, turns the passive active. I've seen sports from softball to track to soccer to basketball do that for countless women and girls in my life, and I rejoice in it. And thus I grieve when I see young female athletes forced to use their bodies so differently -- as objects of public, sexualized ridicule -- all for the sake of creating community that could so easily be created in a different way.
Hugo B. Schwyzer teaches history and gender studies at Pasadena City College. He teaches and blogs about such issues as the interplay of faith and sexuality, American history, and masculinity.
A student asks me what I am doing this weekend. I respond, “I am going on a date.” “Where,” he asks? I answer coolly, “Dinner,” not wanting to provide details. He responds, “First you sleep with her; then take her out to dinner and get to know her.” As a college professor in Portland, Ore., I encounter this candor all the time.
This student is not alone in sharing his views. He and his cohorts are neither cynical nor angry; that myth has been perpetuated by pseudo-intellectual, 40-something bloggers and pop sociologists who think that their anomie is also ours; we yuppies, sadly, have bought the bloggers’ angst -- hook, line and sinker.
Students’ absence of boundaries today alarms us. They casually talk about and experience drugs and sex the way we talk about laundry detergent and books. Their openness is at times inappropriate, but in their willingness to disclose, today’s youth are sharing their ambivalences and ambitions.
Are they skeptical? Yes, and they should be. They are repeatedly told (by us) that politics matters, but when they listen to debates between Democrats and Republicans, they have good reason to be disappointed and disbelieving. They are told (by us) about the primacy of family, but their fragmented family unit relegates quality time to cell phone discourse. Is it any wonder that they take with a grain of salt the concepts of fidelity and solemn vows? After all, as mom and dad (sometimes called by their first names) "grew apart," discussions about separation were the norm. The result was a questioning of permanence, an affinity for transience, and a simultaneous affinity for frank discussion.
Their doubting of elite sensibilities demands an appreciation for sarcasm, most notably Jon Stewart and J"The Daily Show." Stewart’s berating of "Crossfire" hosts Tucker Carlson and Paul Begala serve as their post-9/11, defining media moment. Finally, someone was speaking their language and articulating their thoughts. Why do Americans listen to pundits and "spokespeople"? Why are ideologues’ sound bites so predictably and artificially contrived? How can we change this crap?
Politics -- most notably inequality -- plagues them, even as their behavior perpetuates it. Young women are willingly infantilized, preferring to be referred to as "girls." Thursday night tequila shots (or pick the drink du jour) drunken off of their naked navels are celebrated as normal. Early Friday morning promiscuity undoubtedly ensues, paradoxically generating an emptiness that accompanies the concomitant pleasures associated with gratuitous sex.
Selfish and at times sarcastic, today’s youth are trying to create a meaningful, hedonistic life. How, they ask, does one change one’s politics when the world around them evolves so quickly, and they admittedly have no patience or discipline to contemplate? They have no answer, and it pesters them. Doggedly, they seek to make politics real and spiritual in an era when the superficial Desperate Housewives and the narcissism of Terrell Owens reign supreme.
They are frustrated and lonely, but their actions are neither childish nor childlike. One of my students, I’ll call him Zak, discusses his active sex life as if it were James Bond’s. Zak is artistic, athletic, confident, and by his own admission, a bit lost. Numerous conversations with him reveal a remarkable forthrightness. When he has gotten high, the potency of his sex drive, his inability to focus, his relationships with friends, Zak shares anything and everything, without hubris or solicitation.
Zak’s eagerness to divulge may be the product Dr. Phil and Oprah, but Zak does not watch television, and his disinterest in it is palpable. I-Pod and Wi-fi, yes, but cable, why? A semester in Africa taught him that television is a luxury best avoided. Music is another matter entirely. Zak downloads all types of music illegally; it is a part of his generation’s weekly routine. He enjoys our occasional discussion about morals, in large part because he has not seriously considered the consequences of downloading, or for that matter, of other ostensibly victimless crimes. Pot smoking? No biggie. Pot dealing? Buying black market Ritilin before an exam? Whatever. Is this laissez-faire moralism a product of our culture? Maybe so, but Zak dismisses television and video games as overly commercialized and conventional.
Instead, give him a latte (fair trade coffee preferred) and a companion to share -- anything -- and he is ready to consume life. Not cognizant of the latest trends in fashion, Zak nonetheless owns a vast wardrobe of T-shirts, khakis and comfortable, thermally advanced gear. This casual coolness is borne in a beige, calm indifference that my generation (born, 1965, raised on television) entirely lacks. Extroverted 40 year old males who once wore red power ties, now sell annuities or real estate. Zak sells his earthy earnestness.
He spent this past summer working for an environmental group, and actually enjoyed hustling door to door, seeking monetary contributions from liberal Portlanders. Zak was canvassing in a dangerous neighborhood; a man was shot nearby, and Zak, close to the scene, consoled the man until the police arrived. Soon afterward, Zak returned to canvassing. A woman answered her door, looked at him in shock, and only then did Zak realize that he was covered in blood. Zak is proud of his willingness to help a wounded stranger, simultaneously showing a peculiar, Garden State-like detached forgetfulness. After all, how do you forget that you are bloody? For Zak, the lesson here is “Damn, the streets are tough.” For me, the questions are, “Why continue the shift after consoling the wounded?” “Does Zak realize that even progressive do-gooder non-profits can exploit their workers?” “How come the shooting never made it to the front pages of the newspaper?” My queries are lost on Zak; he is caught up in the moment, not the history or the politics.
Zak consumes life by seeking innovative ways to give back to society. He sends me moveon.org e-mails, and listens attentively when I detail their faulty logic and reasoning. He participates in "Critical Mass,” a group of bicyclers protesting automobile riding, almost agreeing with me when I argue that the radical cause of making the working poor late for their shift may be doing more harm than good. He speaks openly about his intolerance for homophobia, but also of his reticence in silencing a buddy’s anti-gay epithets. Zak yearns for social justice without pretending to have all the answers, yet still possesses too much modesty and trepidation to take the necessary risks needed to alter the status quo.
He rides his bike because he likes the breeze on his back, and because his versatile 21-speed does not burn fossil fuels. He also owns a gas guzzling truck, often used for driving to campus, the gorge or the coast. For him there is no paradox, no contradiction, no cognitive dissonance. Do what you gotta do, but do not become preoccupied with logical consistency. Logic is an optional college class -- not a credo. Living, after all, is about relationships -- physical, intimate, casual and drifting.
Zak and his peers pay the bills, cook for themselves, go to concerts, and have multiple friends, some of whom have sex with when they feel like it and refer to as "fuck buddies." Yet they are lonely. Living for today implicitly demands an acceptance of the temporary, and a rejection of stability.
Zak is not alone. There is Jeff, who told me about his anger toward his father for not leading by example. Jeff’s dad used to bring home several women (simultaneously), and the bedroom sounds of group sex, excited and confused Jeff as he realized that his father was disrupting community and family in the name of pleasure and immediacy. There is Meredith, who smokes too heavily and eats too little, yet shuns my attempts to assist her, or even my attempts to engage her in a discussion about health. There is Joel, who thinks his frequent partying may emanate from his parents’ emotional and physical disabilities. Katie plagiarized, later admitting that her father wrote her term paper. They openly admit that their parents cheat on each other and on financial aid forms. They also share their own indiscretions -- misdemeanors and occasional felonies -- without shame. These youth have yet to develop a moral core, in part because they find passing judgment a dangerous enterprise. Why vocally question mom or step-dad? Why bother? Who cares if smoking is bad for you? Have not we all erred?
They lack discipline -- a skill that escapes them in the age of carefreedom. The thought of showering daily and putting on a business suit -- basically, of becoming mainstream -- is foreign to their world. Yet their idealism slowly is being transformed to moderation. Drug use no longer fascinates them as it once did even a year ago. The superfluous sex is becoming more banal and less fulfilling. Even hedonism fails to satisfy them.
Time for a toke? No Forget the weed -- it is time for late night bike ride, alone -- without a helmet. Zak will soon be thinking about friendship, intimacy, freedom and privilege. A meaningful life beyond college -- with Roth IRA’s, monogamy and mortgages, is not even a dream; it is a fiction neither shared nor pondered.
Robert M. Eisinger
Robert M. Eisinger is chair of political science at Lewis & Clark College, in Oregon. He is the author of The Evolution of Presidential Polling (Cambridge University Press). Â