Yale adopts submissive posture in Title-IX-vs.-speech case

by Walter Olson on April 16, 2011

A fraternity has already apologized for its role in loutish public expressions, but that isn’t nearly enough for some complainants who’ve initiated an investigation by the Education Department’s Office of Civil Rights that puts Yale at risk of losing its $500 million in federal funding if it isn’t sufficiently cooperative. Peter Berkowitz in the Wall Street Journal:

That Yale finds itself under pressure from the government, in the face of stupid frat-boy initiation rituals obviously designed to humiliate the pledges themselves, dramatizes how far government and higher education have drifted from the principles of freedom. … What is really at stake in the current investigation of Yale is the proper mission of the university. The complainants, not a few university administrators and faculty, and powerful forces at work in the Department of Education seem to think that one of a university’s top priorities is policing students’ opinions and utterances to ensure that they adopt government-approved ideas about sexual relations. That priority can’t be reconciled with the imperatives of a liberal education.

If a letter just sent to alumni by Yale President Richard Levin is any indication, the university may not intend to put up much of a public stand on behalf of its autonomy of governance, the toleration granted even some offensive utterances in a community of unbridled expression, or the importance of due process for students accused of wrongdoing. Indeed, Levin’s letter does not make even the tamest and most tentative attempt to argue that anything about the OCR complaint is legally erroneous or worth resisting. The full text of the letter follows:

April 15, 2011

Dear Graduates and Friends of Yale,

As you may know, Yale was recently informed by the Office of Civil Rights of the U.S. Department of Education that it will be investigating a complaint made by a group of current students and graduates alleging that the University is in violation of Title IX of the Higher Education Act. Title IX mandates that no one be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any federally supported education program on the basis of sex. We have not yet received a copy of the complaint, and the notification from the Office of Civil Rights does not provide details. We believe that the investigation will focus on Yale’s policies and practices concerning sexual harassment and misconduct.

It is imperative that the climate at Yale be free of sexual harassment and misconduct of any kind. The well being of our students and the entire community requires this. Should transgressions occur, they must be addressed expeditiously and appropriately.

We will cooperate fully with the Office of Civil Rights in their investigation, but the Officers, the Dean of Yale College, and I believe that we should not await the investigation before asking ourselves how we might improve the policies, practices, and procedures intended to protect members of our community. I write to describe some of the measures we are taking immediately.

I have appointed an external Advisory Committee on Campus Climate, chaired by Margaret H. Marshall ‘76JD, the former Chief Justice of the Supreme Judicial Court of Massachusetts and a former Fellow of the Yale Corporation. The other members of the Committee are Seth P. Waxman ‘77JD, former Solicitor General of the United States and a partner at WilmerHale LLP; Kimberly Goff-Crews ‘83BA, ‘86JD, Vice President for Campus Life and Dean of Students at the University of Chicago; and Elizabeth (Libby) Smiley ’02BA, former president of the Yale College Council and a director at Barbary Coast Consulting in San Francisco.

I have asked the Committee for advice about how sexual harassment, violence or misconduct may be more effectively combated at Yale, and what additional steps the University might take to create a culture and community in which all of our students are safe and feel well supported. The Committee will spend time listening to members of our community about the situation as they live it and will make its own assessments. We have policies in place, and a number of recommendations developed during the last year are being implemented. Nevertheless, I am confident that there is more that we can do, and I am grateful to the members of the panel for contributing their time and wise counsel.

The Committee will advise me directly, and I will review its recommendations with the Yale Corporation after the report is completed early in the fall semester. After review by the Corporation, the Committee’s recommendations will be made public.

Even as the Committee does its work, I want to take advantage of the remaining weeks of this semester to ensure that student concerns are heard directly by the senior leadership of the University. I am grateful to the Women’s Center for initiating this week a series of dinners with students and administrators. Following this lead, I have asked senior administrators to join with masters and deans over a meal in every college dining hall and in Commons in Reading Period, during the days following Spring Fling when classes do not meet, and when I hope students will take the time to engage in a conversation about the campus climate and our policies governing sexual misconduct. These will be informal opportunities to engage with Deans Mary Miller and Marichal Gentry, Provost Peter Salovey, and Vice President Linda Lorimer, along with your master or dean. I have asked the Provost, Vice President, and Deans to report back to me on the suggestions for improvement that they receive and to share what they have learned with the external Committee as well.

I have also asked the Deans of the Graduate and Professional Schools to ensure that similar conversations occur in each school.

The deepest values of our institution compel us to take very seriously the issues raised by the complaint brought to the Office of Civil Rights. We welcome this opportunity to learn from our community and from best practices elsewhere to protect all who study and work here.

Earlier here and (citing Wendy Kaminer) here. More: Glenn Reynolds, Coyote.

{ 2 comments }

1 Alice T 04.16.11 at 9:36 am

The irony of this is that as a friend pointed out, Yale women dominate campus discourse, and a disproportionately large number of Yale men are gay. Perhaps they should try to understand why these “frat boys” feel so angry and left out?

2 Anonymous Attorney 04.18.11 at 9:47 am

Is the unity of interest here really surprising? What, exactly, is the difference between Yale and the federal government?

Both are powerful, prestigious institutions loaded with PC crusaders who have it out for straight males and other inconvenient types. Both are ultimate authorities. Both would make fraternities illegal if they could.

A friend uses the term “governmedia” to express the unity of interest between the government and the media (liberal all the way). Maybe we should consolidate further: “acamediament (academia, media, government)”. Oh man, the acamediament is really after me now!

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