Fear Factory: Sexual Harassment "Reform"

Are you an employer who would like to effectively police your workforce? Instill fear that any misstep (real or imagined) could lead to dismissal, removal from the workplace, or mandatory "sensitivity training"?

Don't waste money on some high-priced consultant. Simply go to the web site of your local university and look up "Sexual Harassment Policies and Procedures" (SHPP).

Voila! For the price of a brief web search you will find a workplace model that empowers you and self-polices the employees. The model features:

1. Vague definitions of harassment that have nothing to do with sex.

2. Self-policing: The university model turns all employees into informants. If they refuse to inform on a violation of the incomprehensible policy, then others can inform on these refuseniks.

3. You will have no shortage of informants: coworkers (or customers/students) can turn in others for frivolous reasons and never have their identity known to the accused.

4. Even better, trained police ("advisers") will coach accusers and write their complaints for them (apparently, those in college cannot write a simple report of events).

5. Finally, have your lawyers repeat (again and again) "this is required by law" (even if it really isn't).

Sound unreal?

Welcome to Sexual Harassment "Reform" at Southern Illinois University Carbondale. In today's Daily Egyptian, the front page story is "Sexual harassment training begins, questions remain."

Questions indeed!

To bring readers up to speed, I am providing a select list of links on the issue (see below). The "sexual" in harassment is really lipstick on a pig: often the charge has to do with speech that makes someone uncomfortable or allegedly creates a "hostile environment." Like the drag show recently held on campus, the dressing covers what is beneath: in this case, "sexual harassment" is a speech code in drag.

As a recap, here is a Hit Parade of SIU-related links on sexual harassment, free speech, and due process:

This link sums up criticisms of the Code being shoved on faculty, staff and students:

Sexual Harassment Procedures: You Have the Right to ... (mumble mumble)

"The Right to Know Your Accuser" (Leonard Gross)

Professor Gross's entry got the most "hits" of any FreeU entry. It shocks people to know that you have NO right to know your accuser.

Lest any one think that there are only a few victims of harassment codes, they may peruse the full list of FreeU posts:

http://freesiu.blogspot.com/search?q=sexual+harassment

The Sexual Harassment Establishment (S.H.E.) would have you believe that this is a tempest in a teapot. "Mistakes were made" with the John Y. Simon case but that was the exception, S.H.E. says.

Fact check: the guilty-until-innocent abuses have such a long history here that two prior blue-ribbon panels urged real reform.

Phil Howze, one of the courageous voices of reason here at SIUC, said in today's newspaper: "never again" should individuals be deprived of due process and of their dignity based on a rigged system.

An objective observer viewing the "massive resistance" to reform would change the university slogan to "See you next time." When next time comes, it won't be pretty.

Salukis deserve better.

PS: The campus unions were to bargain the procedures but they have been silent as a tomb. I'd love to hear their perspective and what they plan to do. As a Faculty Association member, I'm beginning to wonder if my dues money is well spent. Convince me that it is.

All Hail Caesar! Here and Abroad

In the USA, it is "All hail Caesar!" So it seems by the clampdown on students satirizing President Obama at Bucknell University. Readers may recall that during the election campaign the freedom-fighting (?) faculty of the University of Illinois got a reversal of a ruling that would require them to eschew political buttons bashing President Bush and/or candidate McCain. During that free speech fracas, the AAUP and ACLU rushed to join FIRE in protesting this restriction. The AAUP's professed commitment to academic freedom involved both faculty (its constituency) and students (read AAUP Joint Statement here under Student Affairs).

Now that the favorite of academe (Obama) is in power, we wait for the other shoe to drop. And the AAUP, ACLU are . . . silent as a tomb.

Civil libertarian David French opines on the Bucknell situation here. A Bucknell alum notes that his alma mater is a repeat offender.

At least FIRE is consistent: They have defended the right of campus groups to bring left-wingers like Bill Ayers and Ward Churchill to campus.

Speaking of speech tombs, the election in Iran shows how difficult it can be to get out the message. Twitter has emerged as the primary means, along with bloggers who are putting their lives on the line. Why? Because a 2008 Iranian law imposes the death penalty for all those who "disturb the mental security" of others. Hmmm. Have the mullahs been reading U.S. harassment codes?

Read on about the cyberwar being fought in Iran.

Lost in the election debate is the distinction between freedom and democracy. Democracy may be the means to an end but if women are beaten for showing their ankles, Lady Liberty is outraged, even if an election was "fair." The media (and presidential) focus on democracy misconstrues the individual yearning for freedom--the same desire that motivated minorities in this country to cite our natural rights tradition and Constitution protecting the right to deviate from the norm. But that's a subject taken up in my forthcoming book (due out next month), Race and Liberty in America: The Essential Reader.

One final note: there is no moral equivalency between the USA and Iran on matters of speech. Nonetheless, if tyranny has a tendency to spread, it is aided by the forgotten arguments for freedom.

It can happen here (because it is happening here!)

Massachusetts was once a cradle of liberty. In researching my book Race and Liberty in America, how uplifting it was to read those freedom fighters who fled to the more hospitable climate of Massachusetts where they could speak their mind on slavery and other civil rights issues.

Flash forward to 2009 and the thought police are busy quashing "quaint" notions of free speech, free press, and freedom of conscience. For the latest assault on campus freedom, read http://www.thefire.org/index.php/article/10475.html

This incident, along with so many others, remind me of The Clash lyric:

"You have the right to free
Speech as long as you're not
Dumb enough to actually try it. . . "

"You have the right to remain silent
You are warned that anything you say
Can and will be taken down
And used as evidence against you."

Big Brother and U, Part I: Is Your University Reading your Email?

For many years, I have fought restrictions on academic freedom. As President of the Illinois Association of Scholars, an affiliate of the National Association of Scholars (NAS), I deal with these issues across the state. As a historian I am researching the past record of civil liberties on college campuses.

In a word, I have lost my capacity to be shocked at what some will do to others within the Ivory Tower of higher education.

While the issues remain the same, the techniques used to restrict academic liberty change. It might be a new area of law (sexual harassment codes) or a new technology (should college libraries censor Internet content)?

This column deals with a new reality that shocks people when they find out that their university may be reading their email, watching their screen activity, or even punishing students, staff or faculty for what they write on Facebook.

Most people are shocked when they learn how vulnerable they are to electronic surveillance. Consider this a primer on learning the tactics of surveillance and how to avoid becoming a victim of it.

General advice: Assume that Big Brother is reading or watching everything you write on a campus computer or email account. Using a non-academic email account is wise (see next post) but does not provide 100% protection.

Case Studies:: here are some real examples of the problem:

*Campus email ends up as evidence in a recent lawsuit involving tenure and promotion. The email was up to TEN YEARS OLD. My campus, probably typical, archives all administrator email. The university policy toward non-administrator email is unknown (as IAS president, I will be sending out a questionnaire to all state universities asking this question, among others).

*Facebook censorship:: A student at Valdosta State criticized new student fees for the building of a parking garage on campus. He used his Facebook page to create a satirical collage criticizing the university administration's move to impose fees to build this garage. Result: The administration cited the Facebook page as evidence that the dissident student was a "clear and present danger" and banished him from campus. FIRE brought a lawsuit and immense publicity to bear on the university (including Youtube video, legislative lobbying, and a full-page ad in the U.S. News & World Report college rankings issue). The university finally admitted it was wrong, hired a new president, and apologized to the student.

*Michigan State retaliated against an undergraduate student leader for distributing a questionnaire via email to faculty asking for their responses to a new school calendar. The university had encouraged constituency input but did not like the student's criticism of the proposed calendar. By invoking the obscure campus networking policy, the university punished her for "spamming!" Her "crime" was distributing email to individuals without first asking their permission! If that is a crime, we are all guilty. Together with other groups, FIRE has taken her case. You can't make this stuff up.

*Rumors are flying on one Illinois campus that the general counsel is trying to track down "whistleblowers" who divulged information resulting in lawsuits that the university lost or settled. Institutions hate to be embarrassed and will (or might) take steps to spy on a P.I.T.A. (Pain in the Ass). Whether the rumors are founded or not, an ounce of knowledge is helpful to prevent "The Man" (or "The Woman") from coming down on you for electronic speech.

A cautionary word to college snoops: be careful becausee FIRE is not the only civil liberties group defending people from e-censorship; my friends at the Electronic Frontier Foundation are also diligent.

In cases like this, knowledge is power. Know what to do (or not do), and who to call if you need help against Big Brother.

The second part of this primer on electronic surveillance will educate readers as to how universities may read email and "log" (transmit) all of your keystrokes to their administrative office for review.

(To be continued)

"OMW": Christians on Campus: Bah, Humbug!

[MODERATOR'S NOTE: The following post by "Old Man Winter" (OMW) discusses the lack of religious tolerance on SIUC campus, particularly for those who profess Christianity in its many forms.

OMW asks for greater understanding from an academic establishment that is tone deaf to the meaning of religion. The regulators of religious freedom hide their ignorance behind a doctrinaire wall of church-state separation that violates the religious freedom clause of the First amendment. In social work, education, and law, students and staff are harassed for exercising their religious faith on campus. This is unconstitutional. But once again it has taken a major court victory to order SIU to "do the right thing": Christian Legal Society v. Southern Illinois University (2006). The following links show how FIRE and the Alliance Defense Fund (a religious freedom group) won this important precedent--a case now studied by SIU Law students! Click here, here and here. For a case involving the School of Work, see this Daily Egyptian editorial.

The root of this discrimination is ignorance of the law and the vital role religion plays in the public square. For more, see FIRE's guide to religious liberty: http://www.thefire.org/index.php/article/5061.html As always, if you feel your religious liberty is under assault, educate yourself and contact, FIRE, ADF, or the ACLU.]

**********************************
"Old Man Winter" writes:

Anti-"Christian" rhetoric at SIU is little more than unawareness--a polite term--of its historical, theological and cultural complexity. In fact, there is not one "Christianity," but several. As Christians, we share the kergyma or proclamation that we somehow experience "God" in the historical figure of Jesus from Nazareth. After that proclamation, disagreements reign with far more frequency than agreements.

For academics to be unaware--for whatever reason--of these disagreements and the controversies behind them is simply inexcusable. Such unawareness, however, provides a vehicle through which ideological and political agendas that have nothing to do with intellectual discussion or academic freedom can occur. In short, pronouncing that "the Christians" will raise complaints about GLBT issues and that we intellectuals need to anticipate ignorant rantings about "sinful behavior" is simply wrong at best and offensive at worst.

Ignorance is not necessarily harmful in itself. When it is used, however, to label, categorize, shun and even attack colleagues, students and other human beings, such ignorance needs to be renounced as firmly as possible. To those who are so busy defending "rights," perhaps it may be necessary to ask them to become morally consistent. We who are people of Judeo-Christian faith have the right to practice our faith, explore our own issues, meet in peaceable assembly with our fellows and even debate the merits of our own assertions without fear of retribution, castigation, exclusion or stereotype. We as people of faith have something to offer the intellectual dialogue that can take place on a college campus and, in my experience, did until about 30 years ago.

We also have the right to raise questions about the claims of those who express different opinions in the spirit of intellectual give and take without having our inquiries narrowly labeled as "religion and (sexual) morality." For there to be any question of our intellectual part of the "search for truth wherever it may lead" only heightens the problems facing SIUC and, I presume, many campuses across the country.

Surely with the brain power present at a research institution like ours, we can do better. In fact, if we really believe what we say about justice, equality and academic integrity, we must.