December 10, 2002
More Boalting
Debra Saunders thinks the Boalt case smells funny:
You'd think the tenor of this story would be: The system works. The student made her own choices as to when and how she would report the incident. The school promptly investigated. Dwyer resigned.But attorney Stevens complained to The San Francisco Chronicle that the former student might sue if UC doesn't strengthen its sexual harassment policies. Strengthen? We don't know the specific proposals, but would more training have made a difference here? The school can't investigate a complaint without addressing who was assaulted, can it? As UC spokesperson Janet Gilmore noted, "If a formal complaint is filed against someone, certainly that person is entitled to know that he's been accused of something."
Remember that little item in the Sixth Amendment about the accuser having a right to know charges against him and to be confronted with his accusers? Stevens complained to The San Francisco Chronicle that Berkeley does little to train staff on sexual harassment: "Their policies and procedures on sexual harassment are minimal. They don't distribute them. They have failed utterly."
Hello. Dwyer is the dean of the law school. It's not as if a feminist pamphlet that repeats the oft-heard "no means no" mantra will enlighten him. If he did what he's accused of, and we don't know that he did, it's not because he didn't know the law or the Faculty Code of Conduct.
And doesn't the fact that Dwyer resigned send a stronger message about unacceptable behavior than any line you can read in "Berkeley Campus Policy on Sexual Harassment and Complaint Resolution Procedures?" Frankly, I don't believe that the training and pamphlets make a difference.
Well, they make a difference in liability, or so the sexual harassment industry has convinced corporations and schools. But no, they don't make sense as a rule, not least because they tend to substitute the assumption that all men are always already guilty of harassment and all women are always already victims of it for prompt and fair handling of discrete cases. That approach, in turn, primes the scene for ever more accusations and grievances in the future. Under the guise of "training," the sexual harassment industry (in which universities are a major player) teaches men and women that there are no workplace encounters between the sexes that are not fraught, no interactions that do not contain within them the potential for someone (guess who?) to abuse their power.
Definitions of harassment are ever expanding; at many colleges, a false word, look, or even a gesture--anything that makes a woman feel uncomfortable as a woman--are fair game. Combine that with the heightened sensitivities produced by the aptly named sensitivity training and the all-too common denial of due process to the accused, and you've got an unpleasant, potentially explosive situation indeed.
Thus do demands for increased training and "education" about a problem that the sexual harassment industry has itself defined into being ensure that the sexual harassment industry stays in business; thus, ironically, is the likelihood of a lawsuit increased by the very measures taken to prevent them.
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