Posted by K.C. Johnson (guest-blogging):
The Group of 88's Effects
http://volokh.com/archives/archive_2007_09_16-2007_09_22.shtml#1190148681


   While the Group of 88 led a faculty rush to judgment against the
   lacrosse team, the most striking aspect of the Duke faculty�s reaction
   to the lacrosse case came in the professors� utter closed-mindedness
   as Mike Nifong�s case collapsed in late 2006. For instance:

   --History professor Peter Wood claimed, in an interview with the New
   Yorker, that a lacrosse player advocated genocide against Native
   Americans. His evidence�an anonymous student evaluation in a class of
   65. --Literature professor Grant Farred published an October 2006
   op-ed accusing Duke students of �secret racism� for seeking to vote
   Nifong out of office; in April 2007, he publicly deemed unnamed
   lacrosse players guilty of �perjury.� --Houston Baker, by this point
   having been hired away by Vanderbilt, suggested that the lacrosse
   players might have been guilty of other rapes (he supplied no
   evidence) and e-mailed one player�s mother that her son and his
   teammates were �farm animals.�

   Such statements seemed to violate the spirit if not the letter of
   Duke�s Faculty Handbook, which contains the following passage:
   �Members of the faculty expect Duke students to meet high standards of
   performance and behavior. It is only appropriate, therefore, that the
   faculty adheres to comparably high standards in dealing with students
   . . . Students are fellow members of the university community,
   deserving of respect and consideration in their dealings with the
   faculty.�

   Yet � as our book makes clear -- the Brodhead administration had shown
   no willingness to enforce the Handbook�s provisions at any point in
   the lacrosse affair. In spring 2006, at least three History professors
   used class time (in classes with lacrosse players) to deliver
   guilt-presuming lectures, including one who offered what he termed the
   findings of his �research� � that an �ejaculation had occurred.� An
   anthropology professor dismissed her class so the students could go
   outside and watch an anti-lacrosse rally. And a political science
   professor -- after sending an e-mail in which she described the two
   lacrosse players in her class as accomplices to rape � gave both
   students an F on the final paper. One sued Duke; in an [1]out-of-court
   settlement, Duke publicly announced that the grade had been changed
   (to a �pass�) and paid an undisclosed sum.

   Group members disinclined toward unsubstantiated attacks or
   unprofessional behavior engaged in an Orwellian attempt to redefine
   the past. Perhaps the best example came in a January 2007 [2]op-ed
   from English professor Cathy Davidson, who rationalized the Group of
   88�s statement as nothing more than saying �that we faculty were
   listening to the anguish of students who felt demeaned by racist and
   sexist remarks swirling around in the media and on the campus quad in
   the aftermath of what happened on March 13 in the lacrosse house. The
   insults, at that time, were rampant. It was as if defending David
   Evans, Collin Finnerty and Reade Seligmann necessitated reverting to
   pernicious stereotypes about African-Americans, especially poor black
   women.�

   These claims were absurd: in late March and early April 2006 virtually
   no one was publicly defending the lacrosse players �on the campus
   quad� or anyplace else, much less using racial stereotypes to do so.

   While the Group members� positions might have been divorced from
   reality, they had a chilling effect on campus discourse. For nearly
   six months, as an extraordinarily high-profile case of prosecutorial
   misconduct involving their own students unfolded before their very
   eyes, not one member of the Duke arts and sciences faculty publicly
   criticized Nifong�s behavior. The first who did so, Chemistry
   professor Steven Baldwin, also blasted the Group of 88 for betraying
   their responsibilities as professors. The response? The next day, the
   director of Duke�s women�s studies program accused Baldwin of using
   the �language of lynching,� while the co-director of Duke�s Center for
   Study of Race, Ethnicity, and Gender sent Baldwin an e-mail implying
   that they should settle their differences through violence.

   This sorry record did not pass without notice. In a virtually
   unprecedented move, defense attorneys [3]cited the statements and
   actions of the students� own professors as a major reason why these
   undergraduates could not receive a fair trial locally. Wade Smith, one
   of the lead defense attorneys, noted during Nifong�s ethics hearing
   that the D.A.�s publicity campaign effectively transferred this case
   from the start to the court of public opinion. In that courtroom, the
   antics of the race/class/gender-obsessed Duke professors had
   considerable effect. Indeed, the defense attorneys� PowerPoint
   presentation of the case for the Attorney General�s office ended not
   with anything Nifong said or did but with a close-up of the Group of
   88�s statement, as a prime example of the shameful aspects of the
   case.

   Even now, with Nifong�s case having been exposed as a fraud, only one
   member of the Group of 88 has publicly apologized. Another privately
   admitted that she was sorry for signing the statement, but wrote that
   if she apologized publicly, �my voice won�t count for much in my
   world.� The Economist recently [4]concluded: �The only people who, it
   seems, have learned nothing from all this are Mr. Nifong�s enablers in
   the Duke faculty. Even after it was clear that the athletes were
   innocent, 87 faculty members published a letter categorically
   rejecting calls to recant their condemnation. And one professor,
   proving that some academics are as far beyond parody as they are
   beneath contempt, offered a course called �Hooking up at Duke� that
   purported to illustrate what the lacrosse scandals tell us about
   �power, difference and raced, classed, gendered and sexed normativity
   in the US.��

References

   1. http://durhamwonderland.blogspot.com/2007/01/dowd-and-duke.html
   2. http://www.newsobserver.com/559/story/528708.html
   3. 
http://www.newsobserver.com/content/news/story_graphics/20061215_dukelacrosse.pdf
   4. http://www.economist.com/world/na/displaystory.cfm?story_id=9804134

_______________________________________________
Volokh mailing list
[email protected]
http://lists.powerblogs.com/cgi-bin/mailman/listinfo/volokh

Reply via email to