Is it too late to defend Hillary?

Recent research indicates that if Hillary Clinton is the democratic candidate, sexist bias against her could cost her a significant number of votes.  This should not come as a surprise after the months and months of vilification she has received; contrary to what is said, she is not the most the immoral, dangerous person to run for presidency.  What can we do?   Well, since we can’t roll back the times, perhaps there is little we can do now.

But some people are trying.   One is Jill Abramson.

Jill Abramson is a political columnist for the Guardian. She is visiting lecturer in the English department at Harvard University and a journalist who spent the last 17 years in the most senior editorial positions at the New York Times, where she was the first woman to serve as Washington bureau chief, managing editor and executive editor.

Do read her “This may shock you: Hillary Clinton is fundamentally honest” in today’s Guardian.  Of course, she may just be preaching to the choir.  Still, some snippets:

As for her statements on issues, Politifact, a Pulitzer prize-winning fact-checking organization, gives Clinton the best truth-telling record of any of the 2016 presidential candidates. She beats Sanders and Kasich and crushes Cruz and Trump, who has the biggest “pants on fire” rating and has told whoppers about basic economics that are embarrassing for anyone aiming to be president…

Colin Diersing, a former student of mine who is a leader of Harvard’s Institute of Politics, thinks a gender-related double standard gets applied to Clinton. “We expect purity from women candidates,” he said. When she behaves like other politicians or changes positions, “it’s seen as dishonest”, he adds. CBS anchor Scott Pelley seemed to prove Diersing’s point when he asked Clinton: “Have you always told the truth?” She gave an honest response, “I’ve always tried to, always. Always.” Pelley said she was leaving “wiggle room”. What politician wouldn’t?..

I can see why so many voters believe Clinton is hiding something because her instinct is to withhold. As first lady, she refused to turn over Whitewater documents that might have tamped down the controversy. Instead, by not disclosing information, she fueled speculation that she was hiding grave wrongdoing.

Still, Clinton has mainly been constant on issues and changing positions over time is not dishonest.

It’s fair to expect more transparency. But it’s a double standard to insist on her purity.

 

Title IX: (Some of) What the AAUP Left Out (Updated)

The AAUP recently released a report on Title IX for a comment period (summary version here). There are two points in particular where it appears as if myth and speculation are presented under the guise of fact, and I think it’s incredibly important for the academic community to be clear on where things actually stand.

First, from the AAUP’s report on the issue of the Office for Civil Rights’ interpretation of Title IX as requiring sexual discrimination complaints be adjudicated according to a preponderance of the evidence standard:

OCR’s 2011 Dear Colleague Letter (DCL) went further, mandating an evidentiary standard that conflicts with due process protections of faculty and students. In a shift of enormous significance the DCL prohibited the use of the standard calling for “clear and convincing” evidence (highly probable or reasonably certain), and replaced it with a lower standard: that there need be no more than a “preponderance of evidence” (more likely than not) to assess sexual violence claims and all sexual harassment claims. The DCL explicitly noted that university procedures using a “clear and convincing” evidentiary standard were “not equitable under Title IX.” Although it marked a substantial change in procedures, OCR did not engage in the federal administration rulemaking public notice and comment process prior to issuing this 2011 DCL. The “preponderance of evidence” standard is a new mandate, however, even though the OCR describes the DCL only as a clarification of its 1997 and 2001 Guidances, which had followed federal rulemaking requirements.

The OCR has done more than merely “describe” the 2011 DCL letter as a clarification, though. Rather, Catherine Lhamon explained why the OCR believes the 2011 Dear Colleague Letter was not a substantial change of procedure as follows:

The standards outlined in the 2011 DCL stem from the Department’s Title IX regulations, including but not limited to, the requirement that educational institutions adopt “grievance procedures providing for prompt and equitable resolution” of complaints. Prior to the 2011 DCL, OCR had determined in letters of findings issued during multiple Administrations that in order for a recipient’s procedures to be “equitable,” they must use a preponderance of the evidence standard (i.e., more likely than not) to determine whether sexual violence has occurred. As OCR’s practice in these cases confirms, it is Title IX and the regulation, which has the force and effect of law, that OCR enforces, not OCR’s 2011 (or any other) DCL. OCR’s 2011 DCL simply serves to advise the public of the construction of the regulation it administers and enforces.

But, more to the point, if Title IX complaints were held to a higher standard than a preponderance of the evidence when other civil rights claims are adjudicated by exactly that standard, then it would follow that complainants would be held to a higher standard, i.e., disadvantaged, on the basis of sex, i.e., they would be subject to sexual discrimination.

Why are civil rights claims adjudicated by a preponderance of the evidence standard? Nancy Cantalupo explains:

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Diversifying a Discipline

I haven’t been able to read this yet because it’s behind a paywall, but I’m going to find a way around that because it’s important.

In 2015, Penn State produced an unprecedented number of black, female Ph.D.s in philosophy. Here’s how.