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The Tyranny of Hurt Feelings
You won’t believe what counts as harassment these days.

By Mona Charen


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Call it testosterone poisoning: A group of fraternity pledges at Yale, blindfolded and led in a line, each with his hands on the shoulders of the boy in front of him (the Yalie bunny hop?), were paraded around campus. They shouted vile and puerile slogans including “No means yes, yes means anal” and “My name is Jack, I’m a necrophiliac, I f— dead women.”

“It makes you want to slap those kids,” laments Greg Lukianoff, president of the Foundation for Individual Rights in Education. Idiotic behavior like that of Delta Kappa Epsilon makes his job — defending free speech and common sense in the Orwellian universe of the American academy — that much more difficult.

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A group of Yale women and alumnae have filed a Title IX complaint against the university, prompting the self-described “lonely civil libertarian feminist,” Wendy Kaminer, to lament that women are acting like helpless females. “What accounts,” she asks in The Atlantic, “for such feminine timidity, this instinctive unwillingness or inability to talk or taunt back, without seeking the protection of university or government bureaucrats?”

But the bureaucrats are hard at work — even if it means compromising the due-process rights of the accused. In fact, the Office of Civil Rights at the Department of Education has pretty well mandated that the rights of the accused be downgraded.

In a “Dear Colleague” letter dated April 4, 2011, the Office of Civil Rights informed all recipients of federal funds that when adjudicating accusations of sexual harassment or sexual violence, (the two are constantly conflated, as if the latter were merely a more extreme form of the former), universities must reduce the burden of proof from “clear and convincing” evidence to “preponderance of the evidence,” or 50.01 percent likelihood that the offense took place.

American law has traditionally afforded stricter standards of proof when the stakes for the accused are high. In criminal cases, the standard is “beyond a reasonable doubt.” The OCR claims — bizarrely — that sexual-harassment cases are like claims for money damages. Hardly. The stakes for the accused in a campus disciplinary hearing concerning sexual harassment or sexual violence could scarcely be higher. The student’s reputation, education, and even liberty are at risk.

Throughout the letter, as Kaminer notes, the Obama administration, through the OCR, assumes the guilt of the accused, just as the Duke faculty presumed the guilt of the lacrosse players. No concern is spared for the possibly falsely accused student.

The OCR’s demand is consistent with two decades of “speech codes” and sexual harassment standards at American universities that seek to micromanage speech and thought. Greg Lukianoff believes that students are being trained at colleges to “unlearn liberty.” As the definition of what constitutes “harassment” expands, the First Amendment freedoms Americans take for granted contract. It’s a tyranny of protected feelings extending into ever more ridiculous realms.

A student at the University of New Hampshire was found guilty of harassment because he posted flyers in his dorm jokingly suggesting that female students who wanted to lose weight take the stairs instead of the elevators. A student at Indiana University–Purdue University Indianapolis was found guilty of thought crime. He was seen reading Notre Dame vs. the Klan: How the Fighting Irish Defeated the Ku Klux Klan (a book that celebrated the Klan’s defeat, by the way) and was convicted of racial harassment. A Muslim student at William Paterson University was charged with sexual harassment after a comment he made in an email to a professor concerning a lesbian-themed movie.

At Duke, university regulations specify that “sexual misconduct” may be determined by a number of factors, including “real or perceived power differentials between individuals” which may create an “unintentional atmosphere of coercion.” The University of California’s sexual harassment “info sheet” defines sexual harassment as, among other things, “Sexual innuendoes and comments about your clothing, body or sexual activities . . . Suggestive or insulting sounds (i.e.: cat calls, whistles, etc.: hostile environment); Humor and jokes about sex in general that make someone feel uncomfortable or that they did not consent to . . . ” So if you tell me a joke that makes me feel uncomfortable, you are guilty of sexual harassment.

By tossing aside nearly all standards of sexual conduct 40-odd years ago, liberals abetted the free-for-all they are now so feverishly trying to check. That’s condign retribution. But in the process they are endangering freedom of speech and thought — and in the some cases even inviting gross miscarriages of justice.

— Mona Charen is a nationally syndicated columnist. © 2011 Creators Syndicate, Inc.

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COMMENTS   12

EXPAND  

   05/20/11 08:42

Madam:
I did not say the above complainant were wimps, I said they were simps, but they are both.

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 RobL
   05/20/11 10:21

Why 'turn the other cheek' when you can sue?
Being offended pays (and the lawyers don't do so bad either).

I'm not convinced this trend is correctable by tort reform either, as 'predators' will attack peer competitors in the work place for promotion or positional advantage. Happens every day...

I do find the Feminist Prof. vs. Muslim student case interesting. A microcosm of current social tensions in one case; religion vs. secularism, liberal vs. conservative, Islamic thought vs. western tradition, freedom of speech vs. exploitation, academic freedom vs. professorial proselytization. This case merits full essay in and of itself.

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   05/20/11 10:24

In such cases, the applicable burden of proof is not nearly as concerning as how the offense itself is defined.

To me, se*ual hara**ment must be defined objectively or not at all. Defining it in any relationship to subjective sensitivities of the purported victim (e.g., someone else might be offended) is a non-starter.

However, the intentions of the accused should probably count for something. One such factor to consider is whether there is an intended audience for a statement versus someone happening to overhear it.

*Of course, here at NRO, even writing the words "se*ual hara**ment" is verboten.

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FGCU James
   05/20/11 10:31

Nice gotcha lol. "kiss me"

Pencil-pushers need to realize that being offended is not a crime. If I tell them "Your suit makes you look fat.", they can't say a thing about it. They can go into their shower, turn on the water, and munch on cookies while crying in the fetal position, but I can't be sued over it.

Sure, the frat boys running around going "No means yes!" and saying other such slogans is in bad taste, but if I had been there, I would have been dying with laughter. It was probably some sort of initiation, and really, I'd rather they do that than other, more dangerous options (drugs, excessive drinking, etc.).

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James Felix
   05/20/11 11:48

"But in the process they are endangering freedom of speech and thought "

That's not a bug, it's a feature.

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   05/20/11 13:31

The bottom line is a man should not be afraid to give a woman a sincere compliment. That's where s-xual har-ssment laws have led us.

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   05/20/11 13:46

Excellent as always, Mona. I suppose that comment qualifies as se*ual hara*sment in some quarters...the same people who think "You look great today" is a reason for suing someone.

And really, it may be time to lighten up on the naughty words filter. You can probably exempt certain words or phrases, you know. We're all adults here, and the comments are moderated after all.

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Bonnie
   05/20/11 14:20

Has the ACLU not stepped in to defend any of these folks who are merely exercising their rights of free speech?

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   05/20/11 15:46

I can feel the anger and disbelief of the article bursting at the seems; and I agree with you. It feels surreal sometimes. The irony of containing the free-wheeling that they themselves promoted is indeed hilarious.

The apex was Hate Crime laws, that I believe are unconstitutional in themselves. After that it's coasting downhill. Where's the Greed Crime laws, since we're legislating motive and thought?

Being offended is a choice!!! Say it loud, say it proud.

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   05/20/11 18:00

I'm hoping that it is only a matter of time before a huge number of male students and intelligent female students come to the support of fellow students guilty of using speech that offended someone by gathering together and repeating the speech in such numbers that the university thought police are helpless to save the campus from them all.

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   05/23/11 11:16

I couldn't agree more. Americans have become such babies. If a person says something you find deeply offensive then tell him off, blog about it, tell everyone you know what an jerk he is, etc. If it's a company or public figure then by all means boycott, send letters of protest, target their advertisers etc. But please, leave the law out of it. We already have avenues for expressing outrage.

This is especially true in college, where kids are SUPPOSED to be exploring social/s**ual dynamics. It's normal that they will occasionally come off as insensitive (like the guy making the elevator joke). I'm not supporting rape or physical harassment, but for God's sake, just stand up for yourself if someone offends you.

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   05/24/11 07:56

In turning to bureaucrats and the courts to solve their pet peeves and personal neuroses, it seems that the Left have become the equivalent of the whiny tattletale that all the other kids used to pick-on in school. Is this what a grown-up Leftist looks like? In many ways, yes. It is interesting that the Left always demands that Left-leaning immorality must be publically proclaimed and all opposition silenced; while simultaneously scheming that conservatives must be silenced through the force of law, the courts, regulations, and most commonly through public shaming via the covertly Leftist media culture. Don't get fooled! When the Left demands freedom of speech, they mean it only for themselves!

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