Discrimination

Multiculturalism, Universalism, and the 21st Century Academy

The following essay was adapted from the author's keynote address at for the Future of Minority Studies Summer Institute Colloquium, at Stanford University last month. Last week, Scott McLemee explored the colloquium in Intellectual Affairs.

Preamble: What Keeps Chancellors Up at Night?

Two years ago I attended a conference of presidents in which among the many panel discussions on American Competitiveness (“The World is Flat” ), Federal Science Funding, The Future of the Humanities, and the like, was one panel entitled: “What Keeps Presidents and Chancellors Up at Night?” Expecting to hear a great deal about the arms race in intercollegiate athletics -- absolutely a genuine concern -- I was rather surprised to hear instead about multiculturalism and what might be called its associated “culture wars.”

Of course, I shouldn’t have been surprised, as there had been so many high profile examples, from the public’s reaction to the University of North Carolina at Chapel Hill assigning the Qur’an as its first year shared reading to the media coverage of strife in Middle East studies at Columbia University. Moreover, I had just spent six years defending affirmative action at Michigan and three years in the midst of debates at Illinois on the campus mascot, Chief Illiniwek. Anyone in these positions long enough knows well that universities are like sponges for society’s tensions and that one way or another something will erupt on every campus that reflects the fraying of multicultural community and the state of “civil” society.

Whether it is in athletics or the student media, in the classroom or in campus organizations, tensions over religion, race, ethnicity, and sexuality, are powder kegs on our multicultural campuses -- as they are of course in our cities and towns. As one of my colleagues noted, conflicts, such as occurred at Duke recently, can happen on any one of our campuses in one form or another. At Syracuse, for example, we are overcoming the impact on our campus of the production of an entertainment television show, by a student-run station, that used caricatures of various groups as “humor.” As at Duke, when we go beyond finger pointing, these incidents alert us to our communal responsibilities, and to the work still to be done on our campuses and in our connected communities.

For not being surprised doesn’t mean we can stop talking about it. There is a crying need to take these kinds of incidents -- and they are indeed widespread -- seriously as symptoms of a society that is not comfortable with pluralism. I suggest that we address this state of affairs with the same deep thinking that we give to understanding how to respond to our increasingly “flat world,” for it is as much in our national interest. In fact, I suggest that thoughtful analyses of group dynamics and communal responsibility in a diverse society may actually help us better face the “flat world.” Instead of competitively fighting between ourselves for a shrinking piece of the pie -- whether in higher education or in our connected communities -- shouldn’t we learn to live and work together and find innovations that enlarge the pie? Wouldn’t that get us closer to fulfilling the agenda of universal human rights that lies at the foundation of a just and effective society?

Taking Groups Seriously

Many people’s reaction to these “culture wars” is to suggest that we all just turn our backs on groups altogether -- as when people call for a color-blind or culture-blind or gender-blind society. Not only do I see this as naïve (in the face of pervasive group dynamics and tensions), but also as missing the constructive role that groups must play in promoting a social justice agenda and building an effective multicultural community. Taking groups seriously can be constructive both for those who are on the “outside” trying to get in to a particular community and for those who are more securely established as insiders. This is especially true in a world full of insiders and outsiders -- and we all occupy both positions -- in which as outsiders we could benefit from seeing more personal possibilities (on the inside) and as insiders we could contribute by taking more social responsibility (for those outside). And, like it or not, we need to build effective multicultural communities to be competitive and just, so we better start taking groups seriously.

We first need to recognize some “facts” of social life and the pervasive disparities in our pluralistic, insider-outsider world, and find an avenue to constructively confront them. Here is where it helps to know something about the psychology of multiculturalism (and of insiders and outsiders) and to work with it, rather than remain oblivious to its powerful impact. For, in the midst of this fraying of community, and widening of the gap between those who belong and those who don’t, it is easy to miss the fundamental interdependence of individuals and community. Easy to miss the truth in the oft repeated notion that if we don’t all hang together we will all hang separately.

So, in the hopes of starting this discussion, I turn now, as a social psychologist and educator, but also as a chancellor in charge of a multicultural campus community, to consider why and how we go wrong in our group dynamics, and what we might do differently to face our challenges head on.

The Social Embedding of Individuality

To see how the social embedding of individual human potential -- which I will abbreviate from now on as “individuality” -- works, it is important to start from the premise that self-construals -- who we think we are and what we see as possible for our selves -- matter. But, we do not think about our selves in a social vacuum, either.

Our self-construals are embedded within and shaped by critical cultural practices and social organizations that constitute a matrix of opportunities and constraints in our daily lives. Over the long course of history, for example, numerous different cultures and societies have expressed more concern about the educational and career paths of boys than girls.

These self-construals are also embedded in a matrix of critical interpersonal relations through which we garner diagnostic input from other people about our selves. Other people serve as sources of social comparison, including those whom we take on as models or idols. Importantly, other people play a fundamental role in legitimating our selves -- as we are now and might possibly become -- especially those with some power over us, but also sometimes those peers who provide consensus information about similar experiences.

Social group memberships, particularly those organized around gender, race/ethnicity, religion, sexuality, disability, and nationality, constitute critical influences in most cultures on both the matrix of opportunities and constraints and the input received from others. Of course, individuals personalize their social identities (contrary to an essentialist view of identity politics), by accepting or rejecting group-based constraints and feedback, but nevertheless, their impact is pervasive.

Claude Steele’s elegant demonstrations of stereotype vulnerability document the pervasiveness of these group-based dynamics. For example, as he has shown in laboratory experiments at Stanford, the performance of high achieving women students, including those who consider themselves as analytically smart, can be undermined by simply and subtly invoking gender stereotypes with an off-hand comment about the test measuring analytic ability. There is nothing overt or “in your face” about these experimental manipulations, and certainly nothing that should over-ride a student’s own acknowledged individual performance history. Yet, it is hard to act as an individual, when the “group” lurks in the background.

And beyond the laboratory, our groups often don’t just lurk quietly in the background. This is a media culture in which there is relatively constant attention to and (perhaps inadvertent) promotion of group-based stereotypes of all sorts, in the sports and entertainment arenas, in politics, and, yes, even in the academy. Consider, for example, the flood of media coverage after Larry Summers questioned the capacity of women and girls to be stars in science and mathematics. Even, as in his case, when the marketing of group-based stereotypes comes unintentionally, those who are “marked” by highly visible and/or contested identities find them hard to ignore. Few women scientists had a choice of whether to be scrutinized under those conditions -- their individuality was swept into a tidal pool of issues defined by their “group.”  

“Insiders” and “Outsiders” and the Social Embedding of Individuality

However, the social embedding of individuality varies importantly as a function of the “location” of one’s significant groups -- with respect to status, security, and power -- in a particular community. Those whose groups are less well-entrenched in a community -- “outsiders”  -- will be more marked by and connected to their group(s) than will “insiders.” By contrast “insiders” operate more easily as “individuals” and feel both less connection to and less identified by their groups.

In turn, this different psychology of insiders and outsiders is readily apparent in different attitudes toward communal responsibility in a diverse and multicultural community. That is, as insiders, we take a great deal, cognitively and socially, for granted in daily life. We engage in cognitive egocentrism, using, for example, our own experience and assumptions as a road-map for making judgments about others, rarely taking into account that they may be operating with a different matrix of opportunities and constraints, and with less of a sense of individuality.

Most specifically, we underplay the level of scrutiny and constraint that is felt by an outsider when his or her group is even subtly or minimally invoked, not to mention derided. The degree to which outsiders’ identities are wrapped up in their group(s) seems almost irrational to an insider, prompting them to question the authenticity of outsider reactions. Frequently, for example, an outsider will be described as “over-reacting,” or being too “pc.” It is extremely difficult for an insider to imagine their individuality so intertwined with their group(s). They simply don’t live a life of “guilt by group association,” and so they are skeptical of and not particularly empathetic to those who do. In turn, by failing to recognize these constraints on individuality and on the freedom to dissociate from the group, insiders miss a lot about the social life of outsiders, and this is a critical impediment to interpersonal trust.

By contrast, the psychology of the insider at least with respect to his or her “visible” groups -- such as race or ethnicity or gender -- is much less explicit or “marked.” For the insider, groups are more about voluntary association, such that they can be held at an “arms length,” especially if something goes wrong. Since, as insiders, we each view ourselves largely as individual actors, it is relatively easy, in good conscience, to distance from the group’s mistakes or the culture of an organization. There is little or no “guilt by group association.” Others may have made a mistake, but “if I didn’t touch it, I didn’t do anything.” Moreover, the insider remains ever on guard against any ill-informed accusations that would implicate him or her in some unfair guilt by association with the (mistakes of others in the) group.

This psychology is, of course, perfectly rational and  fair from an individualistic perspective, but not terribly good for building a community in which only some people feel disproportionately “marked” by their groups, unable to just walk away. Surely, we all want to avoid unfair individual blame, but at the same time we should feel some communal responsibility when an organization or group to which we belong ends up hurting others. This should be the case even when no harm was intended and you can’t imagine why they are hurt. This “arms length” relationship to group behavior is another critical impediment to facilitating a broad sense of fairness and interdependence in a diverse community.

“Epistemic Privilege” of the Outsider

While the insider’s gaze is generally away from the group, the outsider instead looks right at it with, what Satya Mohanty and others refer to as the “epistemic privilege of the oppressed.” Outsiders typically see how their group marks them, and how therefore social location matters for what they can do and how they can expect to be treated. Largely, this clarity of vision comes from being in a perpetual state of guardedness and uncertainty, examining the social landscape, always prepared for some group-based challenge.

By contrast, the challenges faced as an insider come less routinely, and relate more to individual comparisons or interactions, one on one, with peers, competitors, idols, and the like.  What insiders rarely face head on is some group-based challenge -- direct or subtle -- that they see as constraining who they are or what they (as individuals) can do.

In other words, the outsider lives with the discomfort of epistemic privilege and the insider lives with the comfort of cognitive egocentrism, often oblivious to the effects of social location on others. And, the epistemic privilege of the outsider does not raise the probability of being heard by the insider.

The outsider always has a “theory” about social location in need of some validation. Like any theory, there are multiple avenues for validation. The outsider can spend time with other group members, sharing experiences and insights that provide some validation by consensus. Many of us remember the “consciousness raising” groups of the women’s movement as just such experiences. And we see powerful examples of the importance of consensus information in group affirmation all the time, including, for example, the social support that junior faculty give each other, the importance of professional identity group organizations (such as black journalists or women engineers), and the theme houses on college campuses.

These consensus-building experiences are very important and should never be under-estimated as part of the constructive role that groups can play when we take them seriously. However, precisely because the insiders in the community will likely remain blind to or skeptical of the conclusions of such discussions, other avenues of validation are needed. The outsider needs to be heard beyond the group, and the insider needs to listen to other groups.

How do we create a context for such inter-group dialogue in which the guardedness of the outsider can lessen and the insider can go beyond the egocentrism of individuality. As insiders, we each can listen -- and move toward communal responsibility -- when we get past an individualized framework to see the powerful role of groups in social life. When insiders begin to acknowledge that outsiders have little or no choice but to be seen through their groups then suspicion often evaporates, and the potential for collaboration and community grows. This is when multicultural education is at its best, and when colleges and universities can play a very constructive role in turning the tables of epistemic privilege.

In this regard, it is worth repeating that contrary to an essentialist version of identity-politics, we are all both insiders and outsiders in our lives. That is, the experiences of group-based vulnerability, on one hand, and individuality, on the other, are shared, even if they are distributed differently for different groups or individuals. This is not to say that some dimensions of social organization, such as race/ethnicity or gender in our society, don’t powerfully tip the scale toward constraint over opportunity, group over individual. It is simply to say that the ground is ripe, even for those frequently on the inside, to engage attention to social inequality, in part by turning the tables on whose insights matter and who is listening.

Giving Voice to Outsiders and Asking Insiders to Listen

But, how do we do this in the midst of inter-group competition and suspicion? How do we do it when our campuses and our communities more broadly are quite divided, with many insiders and outsiders, and two strikingly different psychologies about group life?

I would point to two types of multicultural “projects” that can help bridge these two psychologies, while also creating more educational opportunity and more scholarly innovations that matter to the world. One project is internally-focused on constructing opportunities for intra- and inter-group dialogue that capitalize on the relevance of group-based vulnerabilities for virtually everyone. The other project is outwardly focused on connecting the campus -- and its diverse group of scholars and students -- to our broader communities, capitalizing in that case on faculty interest in public scholarship and students’ interests in volunteerism. In each project, however, the central ingredient to success will be to take multicultural groups seriously, unpacking rather than covering up disparities in voice and opportunity and building communal responsibility.

As to the “internal” project of facilitating intra- and inter-group dialogue that address social inequalities head on, this work is, of course, at the core of the expertise of those gathered here and central to the agenda of the Future of Minorities Studies. In this work, and I would point to the curriculum developed at the University of Michigan by Patricia Gurin and her colleagues as a prototype -- there is a commitment to exposing inter-group inequality through group-based experiences that individuals can share. So, for example, women in a dialogue on gender might find consensus support for their experience of not always being listened to by men. At the same time, the men in the group might begin to listen to these observations and take them seriously, even if they believe there was no “intent” to discriminate. Sometimes, the tables turn in a dialogue, so that the experience of being “marked” by one’s group can be felt even by those who more often than not operate with more individuality in their lives. These moments of “epistemic privilege” for the insider -- when our own group-based vulnerability intersects with the consensually expressed views of the outsiders -- can make us more receptive to seeing the situation of outsiders in a new and more empathic light. When the tables turn, common ground, respect and shared responsibility emerge.

At that point, it is also critical to relate these personal experiences to the pervasive social inequalities that attach to some groups -- and therefore to their members -- in particularly powerful ways in our society, and therefore also on our campuses. Through this mixture of the personal and the general, in narratives and in empirical work, it is possible to begin to unpack how for some people, there is often “guilt by group association,” whereas for others, communal responsibility is easy to keep at “arm’s length.”

To make a real difference, however, these dialogues on the power of groups and the effects of social location -- the different psychologies of outsiders and insiders -- must reach far across a campus. While there is little doubt that some group-based vulnerabilities are more pernicious and pervasive than others -- and certainly race and ethnicity, gender, sexuality, and disability fall in this category -- the framework here can be applied broadly and in helpful ways. Many campuses, for example, worry about the kinds of mentoring given to their junior faculty -- in whom they have a substantial investment for the future. I would suggest that this same analysis can be applied constructively to the experiences of untenured versus tenured faculty, and especially if at the same time one considers the issues confronting women and junior faculty of color. Taking this approach one step further, I believe that academic leaders -- including chancellors, deans and department chairs -- can profit from a better understanding of the outsider experiences of particular groups of faculty, staff, and students, and particular disciplines, such as minority studies, for example. It is not at all uncommon on campuses to see the tell-tale signs of insiders and outsiders, each with “good intentions,” talking past each other -- operating with different expectations from different psychologies. We can do something about this if we take on this multicultural campus project.

Connecting to Communities and Turning the Epistemic Table

The complementary project that I see for universities is an external one, in which we forge outward-looking connections to diverse communities, working on the pressing issues of our times -- from failing schools to environmental degradation to inter-religious conflict.

When universities start collaborating with their connected communities (at home and abroad) on the most pressing issues of the day, I have seen the tables turn in ways that  benefit both our innovations and the quality of our multicultural community. Why does this happen? I believe the answer lies first in the nature of the problems to be solved now and the connected question of who becomes the expert. It is hard, for example, to make progress on environmental sustainability in an urban ecosystem without addressing questions of environmental justice, and whose voice do we need to listen to in that case? How do we tackle the urban epidemic of diabetes, even if we develop a better understanding through genomics of the disease itself, without contextualizing its spread within the broader questions of race disparities in health? Wouldn’t we understand the genesis of inter-religious conflict better if we engaged with refugee communities in our own cities and towns? It is virtually impossible to find a problem of major importance to our society in which the insights of a diverse, multicultural community would not be very valuable to the solutions.

Additionally, there is a growing cadre of faculty -- including many women and faculty of color -- extending well beyond the social sciences into the arts, humanities, sciences and professions, who are increasingly doing scholarly work that matters to communities. This engagement can also capitalize on the robust presence of service-learning curriculum and volunteerism on campuses. For oddly, interest in service-learning and volunteerism is very high, despite the individualism and detachment, even communal “irresponsibility,” that I described earlier. This engagement of students and faculty in community-based work, and work around the world, can provide a launching pad for sustained attention to questions of social inequality and multicultural community.

It also does something else dramatic. It turns the tables on who has voice, and who can benefit by listening. It reverses roles and the epistemic privilege -- perhaps even its enlightening discomfort -- spreads to a different set of actors. As George Sanchez has suggested, those who often feel relegated to the outside of our campus communities, such as faculty and students of color, emerge with more expertise and authentic voice in this agenda, as they often begin with more “standing” in the surrounding community and on the issues at hand. The social/academic landscape begins to change when the insights of outsiders -- either from the community outside or on the academic margins -- begin to be heard.

This reversal of perspective (or social location) not only prepares everyone for doing the work of the nation, but as importantly it shines some light on inequality. It shows both the strength of diverse groups and cultures and constraints on them. In turn, this is a lesson with powerful ramifications back on campus. As we engage with our communities, we also recognize the stresses of the broader world as they are “brought to” the campus, and then feel some fundamental responsibility to address them as part of building a productive campus community.

Rewarding Scholarship in Action

And when we take that responsibility seriously, then new scholarly and educational vistas open too. At Syracuse, for example, our academic vision is based on the notion of "Scholarship in Action," where interdisciplinary teams of faculty and students engage with communities of experts on issues that matter, such as disabilities, shrinking cities, failing schools, neighborhood entrepreneurship, religious pluralism, or environmental sustainability and the urban ecosystem.

These collaborations, like our Partnership for Better Education with the Syracuse City Schools, create a shared mission that breaks down barriers, between campus and community, and embeds the traditional diversity agenda within the academic work of the institution, and in turn embeds that work in the public good.

To make the Scholarship in Action agenda work, however, we must change our reward structure for faculty who do this collaborative work. We must, for example, support faculty members who want to do public scholarship, with results that may be published in academic, peer-reviewed journals, but may also result in network news specials, digital modules for public libraries, or museum exhibitions. We must find the right incentives for a diverse faculty to engage with communities of experts on innovation that matters, and to that end, many institutions, including Syracuse, are re-evaluating their tenure and promotion criteria. A tenure-team initiative, organized by Imagining America: Artists and Scholars in Public Life, a 70-institution consortium, is gathering best practices on how to promote standards of excellence in public scholarship. Momentum is growing to take public scholarship seriously.

In my view, investing in excellence in public scholarship in our multicultural communities is a pathway toward bringing questions of diversity and diverse students and faculty from the margins of our institution to the center. As we work on innovation that matters -- from the science needed to remediate environmental pollution in our cities and waterways to the art that gives voice to refugees resettling in America -- we learn to value diversity and the insights of diverse others. We also learn to listen harder to each other, dropping a bit of the egocentric covering of our own positions. We see the observations of our peers and colleagues within the broader social landscape in which they are shaped, and we take more responsibility for changing that landscape. We come to see that multicultural progress will be shared, but only if we also take groups seriously.

Multiculturalism, Universalism, and the Lessons of Citizenship

At the end of the day, the hope of these two kinds of projects -- internal multicultural dialogue and external multicultural collaboration -- is that we all come to value diverse groups, not just diverse individuals. We will do this by expanding the lesson of citizenship from one purely about individual rights to one about connectivity and responsibility -- and the social embedding of individuality. We’ll learn that we are all in this together, and we can’t just make creating opportunity someone else’s project. If this works, then I believe that, at least in this regard, presidents will sleep at night, and, more importantly, universities will make a difference in promoting social justice and universal human rights. 

Author/s: 
Nancy Cantor
Author's email: 
info@insidehighered.com

Nancy Cantor is chancellor of Syracuse University. Her keynote address in full is available online. A video of the address is available on the institute's Web site.

The Academy and the Duke Case

In the last two weeks, the Duke University lacrosse case has rapidly unraveled. First, at a December 15 hearing, the director of a private lab admitted that he and prosecutor Mike Nifong had entered into agreement to intentionally withhold exculpatory DNA evidence. Then, a week later, Nifong announced that a representative from his office had interviewed the accuser for the first time (eight months after arrests were made), and that she no longer claimed memory of events that would constitute rape. The district attorney promised to proceed anyway with charges of sexual assault and kidnapping against the three students he has targeted -- Reade Seligmann, Collin Finnerty, and Dave Evans. But as things stand now, the case seems unlikely to survive a February 5 hearing to consider defense motions to suppress a procedurally flawed photo lineup.

I created a blog to cover this case, exploring the twin themes of Nifong’s misconduct and Duke’s troubling response to it. I have no connection to Duke, and knew none of the lacrosse players when this case began. My initial interest flowed from dismay at the faculty’s rush to judgment in late March and early April.

I stayed with the case for a variety of reasons. As a historian of Congress, I’ve spent 15 years examining the significance of procedure -- and it’s hard to imagine a case that will better demonstrate how procedural decisions directly affect outcomes. Personally, I have some experience in dealing with rogue figures in power amidst an atmosphere of academic groupthink, and recall the importance of outside pressure in exposing wrongdoing. And pragmatically, the blog has had some impact, perhaps because I enjoy more freedom to speak out than local faculty members, who risk opprobrium from what one Duke professor termed “the wrath of the righteous.”

The response to what could now be termed the “non-rape” case will not go down among the academy’s finest moments. Three issues seem to me particularly noteworthy.

1. Concerns about McCarthyite behavior tend to depend on who is targeted. Defenders of the academic status quo regularly accuse critics of latter-day McCarthyism -- on issues ranging from the Academic Bill of Rights to Ward Churchill’s fate. Yet, last spring, when a local demagogue who ignored civil liberties targeted their own students, Duke faculty members barely expressed concern about his actions.

Over the last nine months, Mike Nifong has coupled demagogic appeals to prejudices based on class and race with a habit of making public charges unsubstantiated by material in his own files. Meanwhile, he overrode standard procedures (ordering police to show the accuser a lineup confined to suspects; refusing to meet with defense attorneys to consider exculpatory evidence; concealing DNA test results) and mocked due process. In one of his most outrageous lines, he mused, “One would wonder why one needs an attorney if one was not charged and had not done anything wrong.”

Yet despite that record, until last week only three Duke faculty members -- James Coleman (law), Steven Baldwin (chemistry), and Michael Gustafson (engineering) -- had publicly criticized Nifong’s conduct. This trio comprises 0.2 percent of all Duke professors.

2. In the contemporary academy, some students are more equal than others. On April 6, 88 faculty members issued a statement proclaiming that they were “listening” to alleged statements from anonymous Duke students. Relying solely on the version of events presented by Nifong, the Group of 88 took out an ad in the Duke Chronicle that included remarks of the signatories themselves. The professors definitively asserted that something “happened” to the accuser, while saying “thank you” to campus protesters like these, who had called the players “rapists” and distributed a “wanted” poster with lacrosse players’ photos. The statement’s author, Wahneema Lubiano, gleefully labeled the players the “perfect offenders,” and, as ESPN reported, fully understood that “some would see the ad as a stake through the collective heart of the lacrosse team.”

By this fall, student sentiment had turned overwhelmingly against Nifong and in favor of the targeted players. Yet the Group of 88 and like-minded Duke faculty no longer seemed interested in “listening” to their students. One signatory, Grant Farred, accused Duke undergraduates who registered to vote in Durham of projecting their “secret racism” onto the city. Another, Karla Holloway, denounced the Duke students who had defended the players, suggesting that they believed that “white innocence means black guilt. Men’s innocence means women’s guilt.” Peter Wood, meanwhile, leveled several unsubstantiated attacks on Reade Seligmann, about whom virtually no one other than Nifong has said anything untoward. Thomas Crowley published an op-ed containing so many falsehoods about the lacrosse team that he had to retract the document.

Duke’s admissions home page promises prospective parents that “teaching is personal,” as the institution’s professors “teach and mentor undergraduates, not only in the classroom.” Students who don’t conform to the race/class/gender worldview, however, seem to receive a different kind of “personal” attention.

3. Groupthink has its effects. Any orthodoxy -- even the race/class/gender approach currently in vogue -- can go too far, especially in an atmosphere when it passes unchallenged, blinding its adherents to injustice in their midst. Academic debates can sometimes seem trivial, and it’s easy to understand the overwhelming temptation that some Duke professors felt last April to do the politically correct thing and denounce the lacrosse players.

This particular behavior, however, had significant consequences. Less than four weeks after the Group of 88 issued their statement, Nifong captured a hotly contested Democratic primary by a mere 883 votes. Given the political and legal fluidity in Durham last spring, it’s hard to imagine Nifong prevailing had 88 Duke professors publicly demanded that he respect their students’ due process rights rather than thanking the protesters who had branded the players guilty.

Instead, of course, the denunciations continued -- and have continued to have an effect. In what could be a first in American criminal law, the actions and statements of accused students’ professors have been cited in a recent defense motion as grounds for a change of venue.

Imagine the reverse of the situation that Duke experienced. In a primary electorate almost evenly divided along racial lines, an appointed district attorney faced two challengers, a weak white man and a strong black woman. A case emerged on campus featuring allegations against members of a black fraternity by a local white woman with a checkered background. The D.A. responded by making dozens of highly inflammatory statements to the national media, going before an all-white crowd to announce that “this case isn’t going away” even though he lacked scientific evidence, and ordering police to violate their own procedures to ensure that the accuser picked out viable suspects before the primary.

Does anyone seriously believe that, under such circumstances, the faculty of Duke -- or that of any other major university -- would have stood idly by, with a vocal minority denouncing the students?

The behavior we’ve seen from Duke’s faculty -- the frantic rush to judgment coupled with a refusal to reconsider -- was all too predictable. The Group of 88’s statement was fully consistent with basic ideas about race, class, and gender prevalent on most elite campuses today. Reconsidering their actions of last spring would have forced the Group of 88, and sympathetic colleagues, to reconsider some of the intellectual assumptions upon which the statement was based.

Duke’s Gustafson recently reflected on what his colleagues had done:

"We have removed any safeguards we’ve learned against stereotyping, against judging people by the color of their skin or the (perceived) content of their wallet, against acting on hearsay and innuendo and misdirection and falsehoods.  We have formed a dark blue wall of institutional silence; we have closed Pandora's box now that all the evils have made it into the universe; we have transformed students from individual men to archetypes—to 'perfect offenders' and 'hooligans' -- and refused to keep their personhood as a central component of all this.  We have taken Reade, and Collin, and Dave, and posterized them into 'White Male Athlete Privilege,' and we have sought to punish that accordingly."

I’d like to think that most academics entered the profession eager to work with students; and that most professors would never prioritize advancing their own ideological agenda over protecting their students. Yet I see little reason to believe that Gustafson’s words would not have applied had this incident occurred at another major university. And that makes Duke’s failing a failure of the academy as a whole.

Author/s: 
KC Johnson
Author's email: 
info@insidehighered.com

KC Johnson is a professor of history at Brooklyn College and the City University of New York Graduate Center.

Relax and Take Five

Last weekend’s confrontation between Professor Henry Louis Gates, Jr. and Cambridge police sergeant James M. Crowley has taken the sheen off the era of good racial feelings that accompanied President Obama’s election. Wise folks knew better than to trust it, but the ugly little incident in a sylvan section of Cambridge has opened old wounds.
Even President Obama jumped into the fray, saying that the police “acted stupidly” in arresting Gates once he showed identification. The president may be right, but he too may have acted “stupidly.” Everyone following this story — including the president — needs to relax, take five, and wait for the final details to emerge.

Those who know me can attest that I’m usually among the first to mount a moral high horse. Do I believe that a lot of cops are hotheads? I sure do; even as a white man I’ve been the victim of idiots who think that a badge is a license to swagger like Dirty Harry.
But I’m also a professor. Do I believe that an academic of an exalted reputation such as that of Professor Gates is capable of being belligerent, arrogant, and disrespectful of someone deemed “beneath” them? Hell, yes! I see it all the time. And therein lies the problem. There are two stories circulating, both of which are plausible, and the only people who know what happened are Gates and Crowley and perhaps not even they recall it exactly as it went down.

One man (or both) either lied or allowed his passion to distort what occurred. And the kicker is that it would have been out of character for it to happen to either man. It would be convenient if Sgt. Crowley was a bad cop or a racist, but the record suggests he’s not. His record is exemplary, he’s popular with both white and black colleagues, and there’s not (yet) been any evidence of bias. In fact, he teaches other officers how to avoid racial profiling and was the officer who frantically tried to revive the black Boston Celtic star Reggie Lewis as he lay dying in a Brandeis gym 16 years ago.
As for Professor Gates, he’s simply one of the most respected names in all of academia and he has a reputation for being affable and easygoing. My own interaction with him consists of once shaking his hand. That’s far too brief for me to evaluate his character, but I deeply admire his intellect.

When faced with two equally believable stories the prudent course is to avoid a rush to judgment. In the best possible scenario there won’t be a villain or a scapegoat; both Crowley and Gates will break bread together, admit mutual misunderstanding, shake hands, and enlist as comrades in the ongoing battle to create a race-blind America.
In the end, the only unassailable truth in the Crowley/Gates dispute is that the era of good racial feelings was a feel-good myth.

Author/s: 
Rob Weir
Author's email: 
info@insidehighered.com

Rob Weir teaches at Smith College and the University of Massachusetts at Amherst.

Constitutional and Unwise

As an association representing institutions of higher learning, the Council for Christian Colleges and Universities is sensitive to the claims of institutional autonomy presented by the Hastings College of the Law in Christian Legal Society v. Martinez. However, as the institutions within our organization are religious in nature, we are also acutely aware of the religious freedom concerns presented by this case. Ultimately, because this decision did not determine the constitutionality of the more common "non-discrimination clauses," its limited scope is such that this ruling has little broad applicability beyond "all-comers policies" at public universities, and in many ways leaves more questions than it answers. As higher education works to understand the implications of this limited decision, and formulate policies in light of it, the academy must wonder whether all-comers policies -- in which public colleges limit recognition to student groups that will allow any and all students to join and run for office -- though deemed constitutional, really help further the laudable goal espoused by Justice Anthony Kennedy of "enabling [students] to explore new points of view."

In his concurrence Justice Kennedy observes that "vibrant dialogue is not possible if students wall themselves off from opposing points of view." But one might ask how a vibrant dialogue is possible if opposing points of view are not present. Here, Hastings argued that CLS built the wall by excluding members who would not sign its statement of faith. Did Hastings itself, however, not build a wall by rejecting CLS as a student organization? CLS had a version of an all-comers policy, allowing attendance and participation by non-members, requiring the statement of faith only for members and leaders. Would not vibrant dialogue have occurred more readily on campus during club meetings, between members with one point of view and non-members with different points of view, than by rejecting CLS? Further, this analysis ignores the reality that vibrant dialogue occurs within groups of like-minded people – the vigorous debates within political parties clearly demonstrate this. And at a macro level, had CLS remained a student organization, perhaps another Christian group with different beliefs would have formed, creating vibrant dialogue between these two groups.

It is easy to mischaracterize CLS’s membership policy and to oversimplify it as outright discrimination, but a more nuanced approach might be more useful to the academy as it moves forward in applying this case. In Corp. of the Presiding Bishop v. Amos, a central case to the bounds of religious association, the then-leader of the liberal wing of the Court, Justice William J. Brennan, explained that a religious community defines itself by "determining that certain activities are in furtherance of an organization’s religious mission, and that only those committed to that mission should conduct them, is ... a means by which a religious community defines itself." And this Court itself reaffirmed the constitutionality of CLS’s expressive activity, "[i]nsisting that an organization embrace unwelcome members we have therefore concluded, 'directly and immediately affects associational rights.' " Preventing discrimination on campuses is a worthy goal, but reflexively applying the hatchet of an all-comers policy may actually undermine equally worthy goals: free speech, freedom of association, and an open marketplace of ideas. Might public colleges and universities instead formulate more nuanced policies that take care to ask whether a group’s belief-based membership requirements are "in furtherance of [the] organization’s religious mission," instead of simply rejecting these groups outright?

A key tenet of almost all religions is that they hold beliefs distinct from other religions and the non-religious -- communal beliefs are essential to the religious. Religion has often been challenged to define these beliefs in the face of cultural shifts, but it is the prerogative of those within the religion to determine those boundaries. And as mystifying or even offensive as some of those ideas are to those outside (or even inside) that religion, a key principle of our American ideals is that those ideas be challenged not rejected.

Within the CCCU itself this case sparked debate – debate which we welcomed as a sign of a healthy and robust organization. Such debate is part of the fabric of academe. If in an effort to limit liability more public and colleges and universities adopt these all-comers policies, part of that fabric could be undone. Though they claim to promote diversity, they actually promote sameness. How can a robust marketplace of diverse ideas exist when no group is allowed to unite around a core set of unique beliefs that give them their identity?

Academia has long stood for a free and open expression of ideas, undergirded by the expectation that the best ones will ultimately rise to the top. Rather than merely “tolerat[ing]” unpopular viewpoints, as Justice Stevens suggests, public colleges and universities should engage them. As Thomas Jefferson said, referencing the University of Virginia, “This institution will be based upon the illimitable freedom of the human mind. For here we are not afraid to follow truth wherever it may lead, nor to tolerate any error so long as reason is left free to combat it."

Author/s: 
Shapri D. LoMaglio
Author's email: 
info@insidehighered.com

Shapri D. LoMaglio is government relations and executive programs director of the Council for Christian Colleges and Universities.

Substitute Education for Lysol

Before bathroom walls became virtual, a can of Lysol and a stiff brush could remove the nasty and vulgar insults that anonymous bullies scrawled from time to time.

Gossip was still gossip. The words still stung. And targets of the graffiti could, if they were aware of it, be humiliated. But not everyone in the world — literally, the world — could read these slurs with a click of the computer mouse. Today, Lysol won’t help.

Like my counterparts around the country, I have been confounded by this new and evolving phenomenon in which high school and college students use new technologies as tools for cruelty. Make no mistake. These tools have the power to destroy.

Certainly the tragic suicide of Rutgers freshman Tyler Clementi, who had apparently been cyberbullied, illustrates technology’s uncivil misuse at its extreme. In Clementi’s case, his Rutgers roommate surreptitiously streamed video on the Internet of Clementi's sexual encounter with a man in their residence hall room.

Compared with the Rutgers’ case, websites that permit and promote anonymous postings on any topic and of any nature -- including gossip, rumor and innuendo -- may seem tame. But to those who are targeted, they are anything but tame, and I believe we must confront them.

I, like colleagues at peer institutions, have dealt with such websites in recent years. We have had to consider how we can combat cowardly individuals who hide behind the anonymity the Internet permits and make unimaginably vile comments, often aimed at one of any university’s most vulnerable populations: first-year female students. These posts name the students; the posters lurk unnamed in the cybershadows.

The women are, understandably enough, humiliated by what the bullies have written about them and are horrified that their classmates might be reading these posts. Their parents are furious.

On the students’ behalf, we asked one site’s owner to remove the most graphic and disgusting posts. The owner informed us that federal law was on his side and that we had no business inserting ourselves in this matter. He assured us that he didn’t condone such material and would remove the posts — but only if the women themselves made the request. Our students then followed the site’s procedures to have material about them removed. The site eventually honored some, though not all, of the students’ requests. Much of the damage, however, had already been done.

Meanwhile, the owner asserted that the problem lies not with his site but with those individuals who post such objectionable material.

Given current laws, we cannot really protect our students from these attacks. But we are, first and foremost, an educational institution that seeks to instill and foster respect and civility within our community. Such cyberbullying is antithetical to our values, so we are obligated to speak out against it.

Last year we launched an aggressive anti-cybergossip campaign. We posted banners in the student union and posters around campus. We took out ads in the student newspaper. We raised the issue with our student leaders and included the issue in student orientation.

And this summer I went directly to our students and parents for their help, writing a letter to them about our recent experience with sites promoting anonymous gossip. That letter read, in part: "If you know of anyone who is using this website to malign fellow students, please do not remain silent…. If you know of a student who is being targeted on this website, please direct that person to me so that we can provide support. We firmly believe that the majority of our students recognizes such reprehensible behavior is inconsistent with our values of civility."

We even took the unprecedented step of blocking from our computer network the site with the postings about the first-year women. As a practical matter, blocking access from our computer network could not keep people away from the site. We knew that. But we also decided that we had to take a stand, at least, symbolically.

The situation we confront and the sad story at Rutgers are connected by what technology makes possible. Bullies and gossips are not new, but the anonymity afforded by this technology emboldens them. When they write on bathroom walls, the audience is limited. Now they hide behind their computers and brazenly hurl insults that travel around the world through the Internet.

In facing this new challenge, we must, first and foremost, support students who may be the victim of such activity. Beyond that, we should be consistent in telling our students that posting anonymous comments about others is neither clever nor harmless but can have serious consequences. Most of all, we can’t ignore this issue or hope others will provide solutions for us. As educators, we must seize this opportunity to make a difference.

Author/s: 
Dawn Watkins
Author's email: 
info@insidehighered.com

Dawn Watkins is vice president for student affairs and dean of students at Washington and Lee University,

Summers Seeks a 'New Chapter'

Smart Title: 

Lawrence H. Summers, Harvard's embattled president, apologized to faculty members Tuesday not only for his comments about women and science, but for a management style that many have said is too domineering.

Data, not Speculation, on Female Scientists

Smart Title: 
A report about physics suggests that women are leaving the field early, between high school and college.

The Latest in Conservative Political Theater

Smart Title: 
Rumors about "hunts" for illegal immigrants lead to protests at the University of Texas.

Race, Sports and Professors

Smart Title: 
Auburn eliminates jobs for two black athletics officials, sets off a debate about bias at the university, and finds itself a target for Al Sharpton.

3 Presidents Rebuke Summers

Smart Title: 

In a highly unusual move, the presidents of three leading universities issued a statement Thursday to challenge the views of Lawrence H. Summers, the president of Harvard University, on women and science.

Summers has apologized for his statements, in which he suggested that "innate differences" between men and women may be a reason why there are so few women in science.

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