Sexual Harassment at Yale, Part 2
Posted on April 8th, 2011 in Uncategorized | 26 Comments »
The Times reports, not very well, on the alleged culture of sexual harassment at Yale.
The article begins by recounting the three incidents already widely reported on:
In 2008, fraternity members photographed themselves in front of the Yale Women’s Center with a poster reading, “We Love Yale Sluts.” In 2009, a widely e-mailed “preseason scouting report” rated the desirability of about 50 newly arrived freshman women by the number of drinks a man would need in order to have sex with them. And in October, fraternity pledges paraded through a residential quadrangle chanting: “No means yes!”
Pretty awful stuff, and as a Yale alum who cares about the institution, it pains me to read how a culture of idiocy at fraternities is demeaning a great campus. I mean, honestly—what were they thinking? In what way is this smart or funny?
Still, here’s the question: This is three incidents in four years. Not great; far from great. This nonsense should never happen.
But does it mean that there is a pervasive culture of sexual harassment at Yale, and that the university administration tolerates it?
After all, all these incidents were perpetrated by fraternities, which the university has no control over. But more than that—they are incidents. There is no sign that they are part of the daily fabric of life on campus which would constitute a “hostile culture.” They may be…but they are not in and of themselves conclusive proof of that.
Buried in the article are a couple of important paragraphs that any lawyer, First Amendment scholar or university administrator will recognize as having the feel of truth:
Administrators said they sympathized with those who were unhappy with the disciplinary process. Punishing students in public episodes like the chanting is complicated by a hallowed tradition of free speech on campus, as well as by fraternities’ independence from the university and by confidentiality requirements that prevent Yale from naming students it disciplines.
The private cases are even more problematic, officials said, with victims often not wanting to go to the police or even a disciplinary board. Some victims prefer to deal with sexual harassment informally — having a male student moved to another dorm, for example. Most do not go to the administration at all: Studies show that nationwide, more than 90 percent of college students who are sexually assaulted do not tell anyone in authority.
Ninety percent of sexually assaulted students—presumably, the vast majority of them women—don’t tell an authority figure? WTF? That needs to change.
Meanwhile, the woman who essentially accused all men at Yale of being rapists reappears, and makes her allegations more specific.
Hannah Zeavin, a junior from Brooklyn who signed the complaint, said she found the question of sexual consent no joking matter. She said that a Yale friend was raped during her first month on campus in 2008, and that she knew of others who had been sexually assaulted.
“If you’re not expelling people who are committing rape, as was the case with my friends’ assailants, that means those men are still around,” she said. “That means that I’ve been in class with them, and I’ve been in parties where there’s more than one of them.”
This is obviously a very serious and deeply upsetting charge, both because of the events it posits and the alleged response, or lack thereof, to them.
But unfortunately, the Times article ends there. No further details are provided, and no one is asked for a response to these grave allegations that multiple women have been raped by a number of men (“my friends’ assailants”) who are now roaming the campus.
True?
It’s possible.
Misinformed?
Well, very few people know all the details of such matters.
Or the allegations of a person who may have complicated motives?
The point is, just as we don’t know what the Title IX lawsuit contains, we don’t know anything about these allegations. They certainly sound bad, though, don’t they?
One suspects the truth is more complicated.
Incidentally, here’s a great example of sloppy journalism. The Times quotes one man in the article—the only male student I’ve seen interviewed in all the articles I’ve read or seen about the Yale lawsuit—and he is sympathetic to the complainants.
Conor Crawford, a junior from Des Moines, said he had detected a tolerance on campus for crude comments about women that contrasted with a greater deference shown to gay and minority students. “There are a lot of close female friends I have here who have felt threatened,” he said. “You can hear the same language in some all-male suites, with the word ‘bitch’ used a lot and just general objectification.”
I was curious about this Conor Crawford—who is he other than some random junior from Des Moines?
So I did about ten seconds of Internet research and found that he’s Facebook friends with Alexandra Brodsky, the most public complainant in the Title IX lawsuit.
(He’s also posted about his entire resume on LinkedIn, which, you know, for a college student…and not even a senior…bleh. But that’s a separate issue.)
So perhaps the Times’ crack reporter might have asked Crawford if he was friends with any of the parties in the lawsuit? Or perhaps found a man—heck, maybe even two—to interview who wasn’t friends with one of the parties in the lawsuit?
Dumb, dumb, dumb…..
26 Responses
4/8/2024 11:00 am
“Hostile environment” is a term of art in sexual harassment law that doesn’t really mean the same thing as “hostile environment” in common usage — it refers only to a specific kind of hostile environment, and many English speakers see “hostile” more narrowly than the legal meaning. Which can make it difficult to communicate to the general reader about sexual harassment cases, since the practitioners and the public literally don’t speak the same language. When most people see “hostile environment” in print, they think English, when it’s often just legalese. (This also makes it difficult to explain the law to victims of sexual harassment.)
4/8/2024 11:34 am
” multiple women have been raped by a number of men (”my friends’ assailants”) who are now roaming the campus. True?”
Yes. Of course. Don’t be clueless.
And your links about extreme feminism and rape survivors are both clueless and classless.
Sometimes blogging is thinking out loud, I know, but this is a pretty Mickey Mouse treatment of these issues.
4/8/2024 11:34 am
Also, being friends on Facebook is a far cry from being friends. Odds are that most university students are Facebook “friends” with fully a third of their cohort.
4/8/2024 12:25 pm
I don’t know, SE—what makes you so sure? One woman knows “multiple women” who’ve been raped by “a number of men”?
I linked to a paper about Ellen Jamesians because I’ve often thought that John Irving was spot-on in his portrayal of a certain kind of extremism (I wouldn’t call it feminism), and I linked to The Crucible because it’s about false accusations, and I linked to Heathers because it’s about how social dynamics (outsiderdom, alienation) can translate into rage, resulting in “I love my dead gay son.” You see, there’s a lot embedded in those links.
I think that every accusation of rape should be respectfully listened to; I don’t think every accusation of rape should be automatically believed. Apparently you do. Can you say “Duke”?
I’m willing to bet that you’re against the death penalty, SE, which suggests that you clearly don’t believe every accusation of murder. So why is rape different?
Joe, I know where you’re going, but I actually think the term “hostile environment” is more similar than not in legal usage and common parlance. People get it.
4/8/2024 12:30 pm
My read on the Yale acts cited in the Title IX lawsuit is very different from yours: If 3-4 egregious acts such as these are so publicly flaunted, what’s happening behind closed doors (fraternity or otherwise) and what are the undertones of the campus culture that make these acts possible? Those aren’t just isolated acts taking place with no context. There’s an entire foundation there that empowers a community to see gender in this way.
4/8/2024 1:27 pm
I think that’s an excellent point, Laura, and I absolutely don’t discount the possibility. My frustration with the reporting on it is that nobody addresses that question: Are these isolated incidents or part of a larger cultural issue on Yale’s campus?
If they are part of a larger cultural pattern of behavior, then the question is, how much control over it (e.g., fraternities) does Yale have? And is the university using all the resources it has to effect the situation even if it doesn’t have direct control?
Again: Very frustrating not to be able to read the complaint. As you can tell, I’m not satisfied by allegations of multiple rapes that we’re expected to take on face value.
4/8/2024 1:31 pm
Also, SE, I don’t think that it’s up to the Times reporter to distinguish the difference nuances of “friendship.” I’m an editor, , and I wouldn’t let a reporter of mine get away with that kind of sloppiness. From a journalism point of view, a friend’s a friend; the relationship should have been disclosed in the article. First thing I’d ask the writer, upon reading this guy’s quote, was: Does he have any conflict of interest here? You could certainly identify him as a friend of a complainant and still use the quote, but readers should know his relationship to her.
4/8/2024 1:31 pm
Sorry, “different” nuances.
4/8/2024 1:46 pm
“I don’t think every accusation of rape should be automatically believed. Apparently you do.”
Of course I don’t. You should stop: You’re embarrassing yourself.
As to the statistics, I read the quote to say there is more than one rape survivor and more than one rapist on the Yale campus. Those are extraordinarily modest claims and it’s silly to question them. I don’t see the quote saying anything about serial rapists, although I’m highly confident there are one or two of those too.
4/8/2024 2:06 pm
SE, there is probably more than one rape survivor and more than one rapist on Yale’s campus. But that’s not what the woman interviewed says—not even close. She says “my friends’ assailants.” That means, if you read the context of the quote fully, that she knows at least three women who’ve been raped at Yale. Unless she works in a rape crisis center or something similar, the claim seems statistically improbable to me, and should be looked at critically (in the technical, not judgmental, sense of that word).
Moreover, if you look at what she said previously—“If everywhere you turn, there’s someone who has violated another person’s bodily agency, and they’re near you, how are you supposed to go about having those bright college years?”—it sounds like life at Yale is like Catholic priests holding a reunion at a kindergarden. “Everywhere you turn”!
All I’m asking for is a journalist to ask this woman to detail her claims more specifically, rather than just letting her make them. If she worked at a bank and she said, “Everywhere you turn, there’s an embezzler,” wouldn’t there be a follow-up question?
4/8/2024 3:10 pm
“the claim seems statistically improbable to me”
Not to me.
4/8/2024 4:54 pm
Richard, I’ve been reading this blog for years, but I almost always skip your posts on women’s issues, because they are often ignorant and tone deaf.
I have to agree with SE’s comments. During my time as a Harvard undergrad, I knew half a dozen women who’d been sexually assaulted; most did not even go to the administration to report the incident because they knew how unfair and painful the process of bringing an accusation could be. I did not work at a rape crisis center or anything special like that. On the contrary, I think my experience was quite normal.
4/9/2024 2:00 am
I too have read Richard’s blog for a number of years and, frankly, don’t find anything wrong with the way he covers ‘women’s issues’. In fact, I usually appreciate the fact that he has a critical eye but a heart that is in the right place (on the side of fairness, equality, etc.). More to the point, it just doesn’t seem plausible to me that there are hordes of (serial) rapists on the Yale and Harvard campuses somehow managing to continually get away with it. Obviously the fraternity hazing rituals are crass and idiotic (if you had any idea of the things the pledges do to each other, you’d realize that the ‘yes means anal’ chants don’t amount to much at all…for kicks, ask a Yale DKE to tell you about the ‘elephant walk’ or what bodily orifice holds the olives that go in the pledge night martinis!), but it’s a far cry to think that this reflects an underlying culture of hostility or harassment.
4/9/2024 8:43 am
I have not looked at the “hostile environment” complaint, but I need to comment on the direction taken in some of this discussion. Peer sexual assault is, in my experience, the single toughest issue for any college.
If one student murdered another, nobody would think that the right response was to call the dean. Why is it considered the reasonable response when one student rapes another?
Victims, reasonably enough, often don’t want to call the police in sexual assault cases because they are very hard to prove, so the victims may have a very unpleasant experience with little chance of getting a conviction. The laws have been tweaked in various ways (rape shield laws, for example) but this fundamental issue has not gone away.
The problem comes when victims expect that the college will have a higher conviction rate even though it has less forensic expertise and investigatory capability. I am reminded of the huge feminist mural on Church Street in Harvard Square: “Indication of harm, not proof of harm, is our call to action.” College disciplinary hearings in sexual assault cases regularly see indications of harm but no proof of harm and hence no finding. The only thing that would raise the conviction rate would be to lower the standard of proof.
That’s why colleges turn to educational programs of various kinds to try to lower the incidence. People make fun of these but they are not a bad idea. Kids coming to college have no idea of the strong correlation between drunkenness and peer sexual assault complaints, for example.
Colleges of course have no interest in having rapists on campus. Claims they don’t care about that are (generally) bogus. But they also can’t redefine rape to be something other than what is defined in their state laws. So they have to do their best with what apparatus they can cobble together to do a job that should be done by the state, even though no real justice is done if a rapist is punished by expulsion from a college but remains free to victimize the rest of society.
Pretty intractable problem in my experience. That’s why I had to get it all out on paper in Chapter 7 of my book. Sorry to see it coming around again.
4/10/2024 11:59 am
Does the Yale administration work on a glacial time scale? http://www.sify.com/news/yale-forms-committee-to-address-sexual-misconduct-news-others-lekukjijhcg.html
According to this report, “a couple years ago” Yale administration began a process to look at sexual harassment on campus that led to forming a committee that will actually be formed-wait for it-July 1, 2011 (when all the Yale decision-makers will be at their homes on the Cape, anyway)
4/10/2024 1:45 pm
As Harry knows, I agree with almost of all of what’s in Chapter 7 of his book. I also — ahem! Richard — agree with the philosophy of the Office of Sexual Assault Prevention and Response, as articulated, I’m sure, at its website. Richard, you should read up.
Although I agree with Harry that peer sexual assault is (or should be, if institutions are not benighted about it) the toughest issue on campus, there is one part of his post that I take issue with.
This discussion is, by the way, clearly not growing out of Richard’s post; it’s both slightly more technical and much better grounded in reality than anything Richard has provided us with here.
Harry: you wrote that colleges “can’t redefine rape to be something other than what is defined in their state laws.” Although I agree with this, I don’t agree with your further claim that this means the college cannot lower the standard of proof. The standard of proof in criminal trials is very high, and for good reason: on the table in such a scenario is imprisoning someone for years if not decades. Deprivation of liberty.
But deprivation of a Harvard degree is by no means such a high-stakes issue. Hence I don’t see why the Administrative Board can’t, or shouldn’t, operate under a SIGNIFICANTLY lower standard of proof. If a case is he-said she-said, it seems to me that if the Board felt it was 60% likely that “he” was lying (knowingly) about the consensuality of a sexual encounter, that should be enough to expel the person as a probable rapist.
Others may differ. 60% will be too low for some people; quantification will be repugnant to others. But please be aware that it is very difficult for the Board to avoid saying, effectively, to accusers, we “Take no action — and therefore we don’t believe your charge.”
Whatever standard of proof one might decide on, though, I see no basis for the Board to operate with a standard of “beyond a reasonable doubt.” It doesn’t do so in vandalism cases, plagiarism cases, or anything else: it doesn’t lock people up. It enforces community standards, and its only power is (in this case) to recommend ejecting someone from the community. It is not ‘redefining rape’ to say that the Board can, when it acts on a peer dispute, tolerate somewhat larger doubts than a criminal court does.
I hope that strikes you as a narrow claim. The ‘reasonable doubt’ burden of proof is too high for Board action.
For myself, I think 60% certainty that a potential rapist is lying is enough to kick him out, but I wouldn’t expect a fully constituted Board to agree with that figure.
Your thoughts?
SE
4/10/2024 2:16 pm
I could write a lot more about this, but in one sentence: You wouldn’t feel that way if you, or your son, were one of the 40%!
4/10/2024 2:56 pm
Which is why we don’t consult with families on administrative decisions.
4/10/2024 3:47 pm
No, SE, that is not the way to solve the problem, by convicting 40% of the innocent and then turning your back on their cries of agony. There are serious consequences to being tagged a rapist by Harvard, even if not by the state.
4/10/2024 4:02 pm
The Brown U community has been discussing the issues raised in the last few comments, especially in the wake of the case of a student who is suing. He claims he was essentially in SE’s 40%, kicked out more than three years ago after being falsely accused of rape by classmate (the daughter of a major donor, apparently). The case has brought attention on campus to the complex questions that arise when sexual assault incidents are dealt with internally on campus. On the one hand, a potential sexual offender is given a clean slate to start again elsewhere; the victim is spared a criminal case; on the other hand, he maintains he didn’t have the ability to defend himself. For details, a NYTimes article and a HuffPost piece. (I, btw, would echo strongly mad @er’s experience and comments.)
4/10/2024 4:05 pm
Just to clarify, the former Brown student suing claims he was falsely accused. It is by no means clear whether that is indeed the case.
4/10/2024 4:19 pm
I might have mentioned that as another argument against SE’s idea — not only is it wrong, but it will, quite reasonably, get you sued.
4/10/2024 6:15 pm
I didn’t say anything about 40% of the innocent. Don’t be ridiculous. I’m talking about a 60% certainty that the man, not the woman, is lying. That’s enough to win a civil lawsuit: do you know how much a rape victim can win in a civil lawsuit?
And Harry, I know the law: those are lawsuits the College would win. The College follows extremely good procedures (extremely good in large part thanks to Harry) and makes an administrative decision based on sound fact-finding. Courts do not require someone to be guilty beyond a reasonable doubt before private actors can sanction them.
Again, I don’t expect to defend the 60% figure. My point was that the criminal standard of proof is much too high for an educational community to hold itself to.
I’m sure it’s true that the Brown student didn’t have the chance to defend himself using the lawyer he would have liked to use; but universities are not courts and they follow their own rules. If those rules are good, and defend the accused properly, the intractable problem can be handled case by case.
Again: I was very impressed with Harvard’s procedure on these matters.
SE
4/10/2024 7:40 pm
What a debacle (allegedly) at Brown; I just read the Times piece about it.
Let me highlight two bits that support my position.
A) First, Brown is in trouble because it allegedly “failed to follow its own disciplinary policies.”. Yep. This is bad news: it’s one of the only ways a lawsuit can get traction in light of B).
B). “Courts have traditionally been reluctant to challenge the internal policies of private universities. In 2000, the Massachusetts Supreme Judicial Court ruled in favor of Brandeis University in a similar sexual misconduct case, arguing that the university did not have to offer due process to a student who asserted that his date-rape case had been mishandled.”
This is my point. “Due process” is the criminal-court standard Harry is arguing private schools should hold themselves to. He might be right. But if he is, it’s not because the law requires them to do so. It doesn’t.
SE
4/10/2024 8:12 pm
On reflection, and thinking through my actual experiences, I think the general standard is that in a generic case, I personally would require 85% certainty of guilt (purposeful coercion) before expelling someone as a rapist. There is a lot of ambiguity in many sexual encounters.
If, however, as I said, the stories are incompatible such that one party must be knowingly lying, then the bar is lowered. If only one story can be true, and there is no middle ground for benefit of the doubt, I think an administrator must often have the guts to choose who to believe.
In the aggregate, then, I think I am writing to acknowledge that many he-said-she-said cases resolve into scenarios in which the two parties failed to communicate, and understood each other’s perspective wrongly in good faith. Legal scholars have said that in such cases sometimes “a woman was raped but not by a rapist.”. I’m not crazy about this doctrine but — as Harry says — sometimes indication of harm is not equivalent to guilt.
It is odd to talk about these matters without thinking back to the way I addressed myself to particular cases or types of cases. But please understand that I am not commenting on cases I actually saw; these are theoretical claims I’m making, and none of them applies to any particular case.
I will say that thanks to the professionalism of the Fact Finders I very rarely found myself uncertain about my vote in a peer dispute case. It’s a good process.
SE
4/10/2024 9:49 pm
Back on the other thread, the Boston Globe editorial board, which is right only 40% of the time, got the Porter case right.