I thank Professor Henderson for sharing the IU dean's email with the
list.  It's sad that things often seem to devolve to accusations and
counteraccusations when controversial issues are involved.  See Scott
Douglas Gerber, The Ivory Tower:  A Novel (2002).  It makes it both
unpleasant and difficult to concentrate on the merits of the respective
positions.

SDG


Lynne Henderson wrote:


>Thank youHere is a message sent by Dean Robel to IU faculty regarding
recent events and her response to the WSJ and National review articles.
 A Chronicle of Higher Ed article on line yesterday repeated the Dillon
story, which included statements from various parties as well as the
current Managing editor of the Indiana Law Journal, who happens to be
African american, I believe, voicining his--and other student's of
color-- frustration at being continually discounted becuse of race.
>Lynne
>Dear Faculty Members,
>
>        There is likely to be a story in the local paper in the next
few days about the removal of materials that Scott Dillon, a graduating
student who has been a critic of affirmative action at the Law School,
put in student mailboxes.  He, Bob Heidt, and several other non-law
faculty members, are criticizing my response to this incident, and
their criticisms are now showing up on national web sites.  Let me give
you some background.
>
>        Scott  put materials in student mailboxes during finals
week---perhaps on Thursday, the 8th. On Friday the 9th, when I returned
from Indianapolis at 9  p.m., and after the evening graduation party, I
saw an e-mail from Scott claiming that materials had been removed from
the student boxes. The next day was graduation, but between the morning
and the afternoon graduation ceremonies, I came into the office and
sent the following email to all the students:
>
>Dear Students,
>A graduating student, Scott M. Dillon, believes that a packet of
materials
>he placed in the mailboxes of all students was removed. That packet
>contains Scott's views and claims about admissions' practices at the
Law
>School. The proper remedy for most speech is, of course, more speech. I
>would like to believe that no one in our community thinks otherwise.
Scott
>has the material he distributed in electronic form. He is happy to
provide
>it for anyone who would like a copy. His email address is
>[EMAIL PROTECTED]
>Yours, Lauren Robel, Dean, School of Law
>
>        In response, I received a number of emails from students saying
they had received the materials. I then left for Chicago, and on
Tuesday, John called the IU police department, which was of the opinion
that because the mailslots were open to anyone, no theft had occurred.
Of course, the students leave after graduation, so there was little the
police or Len could do. But I think the school responded immediately
and effectively to Scott's concerns
>
>        I did not disseminate Scott's materials electronically because
we have over 650 students, and if I start down that path, I think we
will have a free-for-all on our mail system. But I have heard
absolutely nobody complain that they were unable to get the materials
electronically from Scott if they wanted them. I have, on the other
hand, heard numerous complaints from both alums and current students
who received the materials electronically from Scott, unsolicited, or
from Bob, unsolicited.
>
>        More troubling to me is the fact that several web
sites---including that of the Wall Street Journal a few weeks ago and
the National Review recently---repeat Scott's allegations about our
affirmative action policies, the university's brief in the Supreme
Court, or the School's response to the removal of the materials,
without bothering to contact me or anyone else at the Law School to
confirm their accuracy. I have complained to both WSJ (from which I got
no reply) and the author of the postings on the National Review site
(who simply blew me off), to no avail.  But you are now up-to-date on
this.  Best, Lauren
>

--------------------------------------

Scott Gerber
Law College
Ohio Northern University
Ada, OH 45810
419-772-2219
http://www.law.onu.edu/faculty/gerber/

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