Does Richard Perez-Pena Hate Yale?
Posted on February 2nd, 2012 in Uncategorized |
And why, given the fact that his reputation has been widely (and rightly) called into question by his shoddy reporting on Patrick Witt, is the New York Times continuing to allow him to write about the university?
Perez-Pena yesterday wrote up a short piece on Yale’s release of a report describing the handling of sexual misconduct complaints in 2011.
The report, released Tuesday evening and covering the period from July 1 to the end of 2011, lists 52 allegations of misconduct by students or employees, ranging from harassing remarks to rape.
…Of the 52 complaints, 14 involved sexual assault, which the report defines as “unwanted sexual contact, unwanted touching, nonconsensual sex/rape.” Three explicitly state that the charge was “nonconsensual sex.”
None of those 14 complainants who charged sexual assault went to the police.
So this is interesting, and it’s something that Perez-Pena needs to deal with. In his earlier articles about Patrick Witt, he used the term “sexual assault” to characterize the charge allegedly made against Witt by the girl he had apparently been hooking up with. (Witt’s spokesperson characterized their relationship as “on-again, off-again”; I’m paraphrasing.) Was he using the term as Yale is using it?
Perez-Pena implied that Witt was accused of rape—but that seems unlikely, given that the resolution of the informal complaint was basically for the two people to steer clear of each other. Let’s hope no one ever suggests that as a solution for rape.
So we’re left with the fact that Witt—if Perez-Pena was using his terminology correctly—was probably charged with “unwanted sexual contact” and/or “unwanted touching.” What does that mean? Perez-Pena, who doesn’t know the name of the accuser or the nature of the accusations, certainly doesn’t know.
Oh, and here’s one other thing. It’s subtle, but I think it’s telling [emphasis added].
The new transparency is part of an overhaul of Yale’s system for dealing with such complaints, adopted last year in the face of criticism of the way it had dealt with some cases, particularly those involving members and pledges of the Delta Kappa Epsilon fraternity. …Yale imposed a five-year suspension from the use of campus facilities on the fraternity, which had been involved in highly publicized instances of harassment.
It’s a throw-away line for Pena, that last clause following the word “fraternity.” But was DKE really guilty of harassment? [Generally a legal term when used in a sexual context.) Or just obnoxious and asinine behavior?
I don’t know—and for the record, I’m not a big fan of fraternities at Yale—but that is very much an open question, and DKE’s civil libertarian defenders criticized Yale on the grounds that it was punishing the fraternity for nothing more than the exercise, however boorish its form, of free speech. (There’s a vigorous debate about it here.)
For Perez-Pena to simply characterize DKE’s foolishness as “harassment” is sloppy writing about a sensitive issue. I am coming to expect that from him.
5 Responses
2/2/2012 7:42 pm
Two things. First, with respect to “steering clear of each other,” you say “Let’s hope no one ever suggests that as a solution for rape.” Well, unfortunately, this DOES happen all the time at college campuses. I have two friends who, when they were undergraduates, reported rapes by another student to the appropriate college authorities and were told that, since it was a “he said/she said” situation, she should just avoid that person in the future. This same thing happened to a grad student I know just two years ago. It would be nice to think that the being told to “steer clear” never happens in cases of rape, but it does and so the fact that this was the outcome in Witt’s case doesn’t tell me anything about what he was accused of, much less what he actually did.
Second, I think your point about harassment really is nit-picking. I’m not a lawyer but a bunch of people going around chanting things designed to offend women sounds like harassment to me in the plain OED sense of subjecting others to unwarranted intimidation.
2/2/2012 8:10 pm
Actually, the slogans being chanted should offend men as well as women. And should have offended Patrick Witt, who might have severed ties with the sponsoring organization.
2/2/2012 8:28 pm
Mad@er—I think that’s a fair point; if it’s happened before, and continues to happen, then you’re right, that could have happened in the Witt case. I hope that no one at Yale would be Neanderthal enough to suggest that, but you’re right–it can’t be ruled out.
As for the harassment matter; I think actually you can make a good case that DKE’s chanting constituted harassment, on the grounds that it felt physically threatening. But it is a gray area, and I don’t think it’s Perez-Pena’s job to determine the matter. One reason why is because if “harassment” has certain legal implications and suggests some sort of official verdict on the question.
Anon, I couldn’t agree with you more. Behavior like that of the DKE chanting just has no place anywhere, and honestly, I can’t imagine what idiot thought that was a smart (or even a funny) idea.
As far as Witt severing ties to the organization, it’s hard to make that judgment without knowing more of the details. Maybe he thought that quitting would have been a cop-out–who knows? I thin we need to be careful about delineating the “correct” behavior in a situation whose specifics we don’t know.
2/3/2012 12:51 pm
The YDN could have done themselves proud, when interviewing Witt regarding the upcoming game with Harvard and his decision regarding the Rhodes interview (importantly, Witt is a man who has made his non-football life a part of the conversation) with a question like this:
“DKE has figured prominently in the news. You live in their frat house, and remain a member of the fraternity. Did you participate in the hazing that made news? What is your take on the sanctions that the Yale administration applied to DKE?”
2/3/2012 1:04 pm
I think those would have been perfectly legitimate and good questions to ask, Anon–I agree. I think they could even have said, “Since you are a potential Rhodes Scholar, an honor for which good character is a requirement, could you discuss the sexist hazing rituals perpetuated by the fraternity you live in? Do you sanction them and, if not, what have you done to make your opinions known?”
Totally fair questions.