This week Fox News removed Bill O’Reilly from its roster (reported on by The New York Times here). Finally. After multiple complaints of sexual harassment, discrimination, and retaliation. (*See the Gender Shrapnel Blog post on Roger Ailes and Fox News here.) The New York Times reported: “Mr. O’Reilly and his employers came under intense pressure after an article by The New York Times on April 1 revealed how Fox News and its parent company, 21st Century Fox, had repeatedly stood by him even as he and the company reached settlements with five women who had complained about sexual harassment or other inappropriate behavior by him. The agreements totaled about $13 million.” The New York Times reports that O’Reilly was still able to hold a meeting with the Pope this week and will not lose his book contract with Henry Holt. Bill also keeps the $25 million (figured cited in this The Washington Post piece) that Fox News would have paid him in the upcoming year. I think Bill is doing just fine, in case you were worried.
The Chronicle of Higher Education has featured for several weeks now Laura Kipnis’ article titled “Eyewitness to a Title IX Witch Trial.” The article, published in The Chronicle’s Review section, has given ample publicity to the publication of Kipnis’ new book, Unwanted Advances: Sexual Paranoia Comes to Campus (HarperCollins). In this blog post, I am addressing only Kipnis’ piece in The Chronicle. I haven’t yet read the book. I disagree with the main points of the article, but maybe the book will offer more nuance.
In the lengthy review article (about her own book), Kipnis recounts at great length the process by which Northwestern University adjudicated a case against philosophy professor Peter Ludlow. The case has been covered in The Chicago Tribune, Inside Higher Ed, The Chronicle of Higher Education, and The Daily Northwestern. I’m only familiar with this case through reading these articles and therefore am no expert on it. I understand that Ludlow was accused by an undergraduate student, who had been Ludlow’s student, of forcing her to drink alcohol and making unwanted sexual advances towards her. Soon after this became a formal lawsuit, a graduate student (from the same department as Ludlow, but not his student) accused Ludlow of raping her. These are the two cases at the center of this story. Northwestern University had no policy prohibiting faculty-student relations (called “dating” by Kipnis in the Chronicle piece).
Kipnis takes issue with Northwestern University’s handling of the case in the lengthy hearings of Ludlow, at which were present the faculty panel and “three outside lawyers, at least two in-house lawyers, another lawyer hired by the university to advise the faculty panel…,” (cited here) along with Ludlow’s lawyer. Kipnis was there in the role of “faculty support person” to Ludlow. Her account of the hearings is supplemented by Ludlow’s file of e-mails, text messages, memos, and formal university documents. I appreciate Kipnis’ detailed account and willingness to question Title IX proceedings that are still woefully inadequate on most college and university campuses. She believes that the university was trying to respond to unclear Title IX guidelines and that this resulted in the “witch trial” of Peter Ludlow.
Laura Kipnis is implicated in the case as well because her earlier defense of faculty-student “dating” had resulted in a Title IX complaint against her at Northwestern. Kipnis believes that prohibitions on such behavior are paternalistic and remove sexual agency. I believe we need to understand this entanglement to analyze well Kipnis’ highly public (and well remunerated) opinion on this case.
I would like to examine the language Kipnis uses in this piece. Kipnis remarks, “So when Ludlow’s lawyer called, of course I said yes—I was being offered a front-row seat at a witch trial.” The “witch trial” analogy seems poorly applied in the case of Ludlow, who has enjoyed great privilege and position for years. I get that “warlock trial” doesn’t do the trick, but I’d rather go in that direction. I also don’t completely understand the desire to witness a so-called “witch trial” because I don’t wish the pillory upon people, whether they are innocent or guilty. On the other hand, if Kipnis had made clear that her goal in being present at the hearings was to bear witness in the name of justice surrounding fraught Title IX policies, practices, and procedures, then her participation in, association with, and writings about the case to me would be more convincing.
The conflation of the term “sex” with “sexual harassment and discrimination” and “sexual violence” presents problems that weaken some of Kipnis’ arguments. “Sex” refers to (1) biological determinations that have been appropriately complicated by gender and sexuality studies and (2) physical contact (often officially referred to as sexual intercourse, with reference to genitalia) between and/or among individuals. Kipnis states, “I soon learned that rampant accusation is the new norm on American campuses; the place is a secret cornucopia of accusation, especially when it comes to sex” (cited in her 4-2-17 Chronicle piece). The hyperbolic language (“rampant” and “cornucopia”) belies the realities of sexual assault on college campuses, where 2016 statistics (RAINN statistics here) still tell us that one in five women is sexually assaulted during her time at college or university. The figures are worse for transgender, genderqueer, and gender non-conforming individuals. Kipnis uses the bald term ‘sex,’ instead of giving it context in the hierarchical layers of colleges and universities.
Nowhere in this lengthy piece does Kipnis deal with actual statistics that speak to a culture of sexual violence, embedded in power hierarchies, on our college and university campuses. Kipnis claims that “new codes banning professor-student dating infantilize[d]students—this wasn’t feminism, it was paternalism.” Kipnis’ foray into questions of feminism and sexual agency is interesting and necessary, but becomes much more complicated when the professor-student relationship is added to the mix.
Professors do wield power. We design syllabi, determine the flow of class, assign grades, vote for assignment of department awards, and write (or don’t) letters of recommendation. Undergraduate and graduate students can develop a type of hero worship (something I detect in Kipnis’ enraptured tone as she describes Ludlow) that might translate as sexual attraction. No matter an institution’s lack of policy on “dating” (Kipnis’ oversimplified term), or “fraternization” (a charged term in and of itself often used in the workplace), a professor who gets entangled in a relationship with a student in his class or department is exercising power. Students in the same department are often nominated for the same awards, scholarships, and grants, and therefore departments breed competition, a competition that takes on a different look and a less fair landscape if a professor is sleeping with one of the students involved.
When things go wrong in the relationship (however we choose to define it), and we know they often do, this power piece is at play. College students are often trying to figure out sexual desires and identities, and, so, yes, questions of power and sexual agency are more than just a little complicated. If and when students and professors sleep together, structural systems of power become even more apparent. Kipnis’ use of the term ‘sexual paranoia,’ in this review piece and in the book title itself, trivializes this important developmental stage for 18-22-year-olds and conflates sexual exploration with sexual discrimination and violence. Kipnis also reduces real concerns about rampant sexual discrimination, harassment, and retaliation and about rape and sexual violence to one oversimplified, offensive phrase, ‘sexual finger-pointing.’
Kipnis praises Jessica Wilson, a philosophy professor and former student of Ludlow, and Wilson’s character defense of Ludlow at the hearings. Kipnis writes, “Like a great teacher, Wilson flipped the question [about Wilson’s own account of “unwelcome behavior” from a different former professor] around. She’d been speaking from her own experience, she pointed out. Yet didn’t the panelists have to ask whether she was telling the truth? They hadn’t been there, so how would they know? And if she were being entirely honest, she herself wasn’t sure if the disturbing thing was a professor trying to kiss her, or simply that she was getting unwanted attention that she ‘wasn’t participating in.’” Kipnis neglects to make clear that “getting unwanted attention that you’re not participating in” can be or can easily lead to real violation. In addition, Kipnis replicates sexualization and hero worship in her description of Wilson: “Here was a smart, attractive, successful woman from one of the top philosophy departments in North America who revered Peter Ludlow.” She later remarks that, after Wilson completed her testimony, “it felt as if there were an erotic current in the room.”
Kipnis also tires of “exhausted clichés about predatory males and eternally innocent females…” I think it’s fair to say that anyone who follows the pages of The Chronicle of Higher Education, Inside Higher Ed, and the major national dailies might find these “clichés” to not be exhausted enough. Of course it makes sense to get away from the polarized language Kipnis critiques, but college and university campus statistics and the underlying realities of sexual violence on campus are still acutely bad. The tone Kipnis uses when speaking of the two complainants is condescending at best. When Kipnis blames herself for not coming to Ludlow’s defense in a particularly tense moment in the hearing, she wonders if she hadn’t done so because she was “so shaken [her]self, so frozen and appalled” that she couldn’t. This is exactly what happens to many people who have experienced aggression and assault (and to some who have witnessed it), just like the two complainants in this case had claimed themselves. If the two complainants are deserving of scorn, I would like more information to understand why.
The strength of Kipnis’ article (and, I surmise, her book) lies in the legitimate questioning of the efficacy of legal processes in Title IX hearings on college and university campuses. She rightly criticizes Northwestern for running hearings soaked with lawyers from all sides, hiring an outside lawyer to advise the university panel, and worrying more about image than justice (Kipnis writes: “Ludlow was bad for the brand.”). Kipnis also says that she “was being warned off the subject,” and I am certain that was the case. Universities have many direct and subtle means to silence unpleasant subjects and cases that sully the brand. My simplified view of the stance that universities adopt is that they support the side that brings the fewest monetary and public relations risks. Oftentimes this means that complainants are silenced and run off campus, and, on far fewer occasions, it means that alleged perpetrators are.
We should all be wary when a university hires outside counsel to “advise” an internal panel. The advice provided stems from whatever is in the university’s best interest. At that point, the university can be considered wholly separate from the complainant and the alleged perpetrator. Kipnis points to the fraught intervention of universities in their own processes when she writes, “The university was set on getting rid of Ludlow, and the hearing was a formality. I also knew enough about the procedures to know that the faculty panel’s vote was merely advisory; the provost would make the final call, and it had been the provost’s decision to put the dismissal machinery in motion to begin with.” Exactly! This is a profound problem not only because it is evidently unjust, but also because it exploits student, staff, and faculty labor and their potentially sincere belief in the benefits of university adjudicative processes.
No matter where we readers fall on matters of sexual agency and exploitation of professional power, we can certainly question the Big Brand Machine of colleges and universities, whose students and employees have become little more than additional institutional risks.
The Chronicle has featured Laura Kipnis on several occasions and for several weeks running. It might be a good moment to consider other editorial decisions that take into account real statistics and violations of actual people.