Trump Must Go (and Take Thomas With Him)

(Meme from social media; Access Hollywood quote)

The assaulter-in-chief continues to be busy, as he ejects Haitians by the tens of thousands from the United States, proposes a tax plan that benefits only him and his cronies, launches more money-making products and schemes from his White House perch, and moves on North Korea to grab its metaphorical pussy and put us all in danger.  In the meantime, we citizens must plan for his impeachment, indictment, and/or imminent invisibility.

The post-Cosby, post-Weinstein, post-Louis C.K., post-Spacey, post-Franken, post-Rose, post-Moore era tells us that there is nothing “post” about any of this.  We are living with and among men who use their power and position to serially harass and assault women (and men and transgender individuals).  As I wrote in the 2016 Gender Shrapnel book (and often have to remind people who write to say, “But, Bill Clinton, but, Bill Clinton…”), I have never viewed sexual harassment and assault as the domain of only Republicans, and I do believe we have to understand politics and entertainment as real workplaces, subject to Title VII and Title IX.

If we have learned nothing else from the #MeToo era, it is that many men use their power and privilege to stalk, bait, hunt, harass, assault, and rape women.  The only saving grace of some Democrats is that they at least don’t also (or at least always) punish women through brutal legislation that denies us our humanity.  Both sides of the aisle swim in hypocrisy.  The Democrats run on being the party strong on women’s rights. See Susan Brison’s article on Al Franken to understand the depth of Franken’s hypocritical stance on women’s rights.  On the other side, the Republicans boast of being the “family values” party.  Ohio state lawmaker Wesley Goodman ran an anti-gay, pro-“family values” campaign, only to resign last week when it was discovered that he has had relationships with men, at least one alleged as non-consensual.  Roy Moore is the symbol of the entrenched Christian-values right that is completely bereft of values, except for crime, greed, and stupefying self-interest.  If these power-laden individuals spent more time thinking about others’ needs, they would be less criminal and more effective legislators and governors.  As it stands, they are assholes and, in some cases, felons.

Franken and Rose both formally stated that they don’t remember the encounters the same way the women did.  Exactly!  This is the problem.  They have approached, groped, and/or assaulted women to remind themselves of their own power.  These very actions remind the women, both in the moment and for years beyond, of their own lack of power in public and private spheres.  There is no way these accounts can or will ever line up—not until the harassing men learn to check their privilege, and likely not even then.  Louis C.K.’s non-apology statement re-enacted the allegations of his pulling out his penis in front of unwilling women and forcing some kind of interaction with it.  The more this individual used the word “dick,” in the very statement that was supposed to demonstrate recognition and contrition, the more he emphasized again that he gets to put his penis wherever he wants to, no matter the willingness or unwillingness of his audience.  These statements and non-apologies serve to attempt to discredit those who have registered the felonies and misdemeanors and to re-harass the already harassed.

Ronan Farrow’s “Harvey Weinstein’s Secret Settlements” (The New Yorker, 11-21-17) very capably lays out the power play inherent in non-disclosure agreements and the enormous disservice these documents do to our society. The documents silence those who have suffered sexual harassment and rape and ensure that serial felons can strike again.  Farrow makes explicit that Ambra Battilana Gutierrez, at the age of 22, was bullied into signing a non-disclosure agreement, but that she also insisted on trying other remedies.  In addition, Zelda Perkins appears to have attempted also to impose legal vigilance and restriction on Weinstein, but she was shut down at every turn.  Our legal system is poorly equipped to institute real remedies and operates only for the almighty dollar, thus reinforcing the sheer power and financial and social capital of these serial harassers.

Yes, it is appropriate to go back and understand our nation’s indulgence of Bill Clinton, who, at the very least, was not molesting girls.  Still, two other things are even more urgent: (1) for our nation to revisit the question of Clarence Thomas’s sexual harassment and to end his long term as Supreme Court Justice; and (2) for our nation to gather information and testimony from the 16 women who went on the record against Donald Trump, the sitting President of the United States (it’s still hard for me to refer to him using this term), in order to accuse him of sexual harassment and assault.

Let’s put it bluntly: Anita Hill is a hero.  For over 26 years, Hill has shared her profound legal expertise on sexual harassment, discrimination, and retaliation through her writing, teaching, and talks.  All the while, Clarence Thomas has set silently on the most important bench in the land, benefiting from the all-white-male panel’s aggressive dismantling of Hill’s testimony.  Even Joe Biden’s “apology” removes blame from himself and emphasizes Hill’s victimhood, rather than her truth-telling and bravery.  Biden soft-pedals admission of participation in the attack in his use of the passive voice (e.g. “Anita Hill was victimized”).  Until I start hearing first-person singular apologies with real admissions of wrongdoing and a plan for rightdoing, I will reject this ridiculous genre of harassment apologies.  What will it take, all these years later, to reckon with 26 years of Thomas on the bench?

The current events surrounding sexual harassment, discrimination, retaliation, and assault should make us regret the Clarence Thomas case and address the cases before us now.  We could look back on this era and proudly declare that we cleaned up our act.  The most significant case before us, of course, is that of Donald J. Trump.  *See Amanda Marcotte’s call to investigate Trump, published yesterday in Salon.  I wholeheartedly agree with Marcotte’s recommendation: “There is one solution that hasn’t been, as far as I know, floated yet: The Justice Department could appoint a special counsel to open an investigation into the years of accusations against Trump.”  YES.  Exactly this.  As Marcotte astutely notes, the investigation is warranted and will keep the public’s ever-straying attention on this issue.  Two special investigations (Russia and sexual harassment/assault) are a drop in the bucket for this sitting “president.”

Those of us who live in the United States should share the above meme every day, in every way possible.  We must write to senators and congresspeople to insist on this special investigation.  We have done this for healthcare, travel bans, DACA, and the tax scam, and we need to respect women’s and transgender individuals’ rights enough to advocate for Title VII and Title IX protections to be applied to the groper-in-chief.

While Trump’s “Al Frankenstein” tweet served to slam Franken, it actually worked harder to re-enact the harassment of Leeann Tweeden.  Add this action to the list for the special investigation.

Dear Colleague

 

ME

ME

ME

ME

ME

ME

ME

TOO

TOO

TOO

TOO

TOO

TOO

TOO

What is it going to take for a large group of people to believe that women of all races and many individuals from the LGBTQIA+ community have been sexually harassed, discriminated against, and assaulted and then made to believe it was their fault?  We didn’t protest vociferously as we heard cases and allegations against Fox News, our current “president,” and Bill Cosby (2005 and again in 2015).  Do white women actors from Hollywood have a certain clout that is waking people up to the pervasiveness of workplace harassment (hostile work environment and quid pro quo), street harassment, and sexual violence?  We have to hope that the visible and audible outrage about the Harvey Weinstein case expressed in traditional media outlets and copiously on social media raise awareness and allow us to make real incursions into social and legal change.

I wrote last week about how unsurprised we should be about Harvey Weinstein’s alleged 30-year campaign of sexual harassment and assault.  The textbook elements of the case include: predatory and criminal behaviors enacted by those higher in the hierarchy on those lower in the hierarchy (power differential); the person harassed is taken aback by the situation and feels threatened, and therefore often doesn’t respond in a way that she might otherwise have done (she is hit by gender and/or race shrapnel); cronies of the higher-up accommodate the illegal behaviors of their colleague and maintain their own power (male networks of power and boys-will-be-boys attitudes); those who have been harassed and/or assaulted and are brave enough to speak out are silenced in any number of ways (threats; tabloids, black lists; lack of employment; etc.); society reinforces negative responses to the women who speak out (can’t take a joke; nags; drags; exaggerators; liars); the boss preys again.

I dare say that this The New York Times piece, which reports on Woody Allen’s BBC interview about the Weinstein case, reveals again how those accused of these serious crimes rarely understand what they did (or continue to do) wrong.  Allen states that he’s grateful for the work Miramax gave him after his own sexual harassment and violence cases, makes clear that no one should be interested in hearing these types of allegations (“You’re not interested in it.  You are interested in making your movie”), and warns of a “witch hunt atmosphere,” which sounds curiously like the “president’s” words about the Justice Department’s inquiry into Russian involvement in our most recent presidential election. The New York Times op-ed columnist Bret Stephens applauds Betsy DeVos for ending “a campus witch hunt” in her removal of Obama-era Title IX guidance for colleges and universities.  Who are the witches and who are the hunters here?  In this opinion piece in The New York Times, campus sexual violence researchers Miriam Gleckman-Krut and Nicole Bedera insist that “Obama-era policies did not malign men.  What they did was make it easier for victims to come forward.”  The headline asks the poignant question, “Who Gets to Define Campus Rape?”

As I write in Gender Shrapnel in the Academic Workplace, many people who are harassed have to change their daily paths to avoid the person in power and often have to turn down job opportunities that would require them to have contact with that person, thus permanently changing the course of the careers of the people who have been harassed.  These acts of avoidance occur in every career and on many college and university campuses.  The power systems set in place are replicated in the social lives of the students, thus demonstrating again the continuum through which sexual harassment, discrimination, and retaliation are linked to sexual assault and sexual violence.  If we don’t take issues of harassment and discrimination seriously, then we will not get at the enormous problem of sexual assault and sexual violence.

Sexual harassment in the higher education context is important for many reasons.  Turning a blind eye to it reinforces for young men, women, and people of all genders that young men are supposed to have, exercise, and retain power, both during the college years and beyond.  It sets the tone for the workplace, since we presumably are educating students to be the workers of tomorrow.  The blind-eye habit in higher education also sends a message to students in middle and high schools that boys have the power and girls should shut up.  This doesn’t bode well for their futures in higher education and/or the workplace.  The sexual harassment problem in Hollywood, at Fox News, in the White House, and in so many other industries, simply reproduces itself in other power-dependent settings, like schools.

President Obama’s “Dear Colleague” letter of 2011 (now included on the Office of Civil Rights’s website only as “archived information”) sent a direct message to United States colleges and universities that the reduction of sexual assault and sexual violence on higher education campuses was a priority for the Obama administration.  The “significant guidance” included in the letter comes with great detail, and in the second footnote of the document, sexual harassment is directly linked to sexual violence and Title IV of the Civil Rights Act of 1964 is invoked.  In other words, the document recognized the more acute context for people who find themselves at the intersection of gender, race, and/or national origin. These moves, along with the “preponderance of the evidence” standard, reveal the Obama administration’s understanding of the problem and the seriousness with which the administration approached recommendations for adjudication.  I strongly recommend this 19-page document to anyone interested in reducing the incidence of sexual harassment and violence and in understanding links between and among Title IV, VII, and IX law.

Last month, Secretary of Education Betsy DeVos rescinded the Obama-era guidelines.  (*See this previous post on DeVos and public education.)  DeVos has replaced the “Dear Colleague” guidelines with a Q&A document, which arguably creates a “both sides” false equivalency that had been eased by the Obama-era guidelines.  (*See Jeannie Suk Gersen’s and Christina Hoff Sommers’s support of “both sides” approaches. )  One report cites “confusion over specifics” of the interim guidelines provided by DeVos’s office.  The Chronicle of Higher Education’s September 11, 2017, commentary by Scott Schneider analyzes in legal and practical terms “what DeVos got wrong in her speech on the ‘Dear Colleague’ letter.”  Information and clarifications have come out in drips and drabs (e.g. this updated piece from The Chronicle of Higher Education), thus sowing more confusion and making victims wonder whether it is worthwhile to report traumatic incidents of sexual assault and violence.  A reporter from The Chronicle has chronicled his numerous attempts to get straight answers out of the Education Secretary.

DeVos’s replacement of the Obama-era guidelines (both 2011 [“Dear Colleague”] and 2014 [Q&A format for clarification of “Dear Colleague”]) speaks again to Ta-Nehisi Coates’s idea that the current “president’s” “presidency” (quotation marks around these words are mine) “hinges on the fact of a black president” and “has made the negation of Obama’s legacy the foundation of his own” (these brilliant quotes are from Coates).  Recent college graduate Jamil Smith in this piece in The New York Times states that:  “Instead, my experience taught me that we need to be proactive in preventing sexual assault, and much of that involves something that should be a natural fit for college campuses: education. The workshops I taught to captive audiences of fraternity brothers are a start, but even they weren’t enough. Rape prevention education should be more than an hour, and it should be mandatory for everyone, not just those involved in Greek life. And beyond the legal landscape of sexual assault, men should be disabused of the beliefs that lead to it and should be required to understand its effects on victims.”  The United States could clearly use several thousand more Jamil Smiths, young men who understand structural oppression of women and do something to change it.

DeVos has taken her marching orders from this “president.”  It’s time to dance to an entirely different tune.  Let’s get it right here, on campus, the place guided by lofty mission statements that usually assert that we are all people.

P.S. After this blog post was published, I saw Professor Mikki Brock’s excellent piece on witches and witch hunts in The Washington Post.  Check it out!

Bill Cosby’s Case

(http://www.torontosun.com/2017/06/12/defendants-say-the-darndest-things)

A Philadelphia native, I was weaned on Fat Albert cartoons and grew up watching The Cosby Show.  Bill Cosby’s face called out from billboards lining the Schuylkill Expressway and announced the greatness and accessibility of Temple University.  Bill Cosby’s long and varied career made him a local and national legend.  I’ve read with interest the reception his work has received, especially from different individuals and communities of African-Americans in the United States.  Professor Mark Anthony Neal’s opinion piece in The Washington Post (6-17-17) provides ample cultural context for what Bill Cosby did and did not achieve in terms of cultural representation of family life and, specifically of black family life, in the United States.  Neal declared that Cosby became largely irrelevant once The Cosby Show concluded in 1992 and the concurrent Rodney King decision made even more visible the criminalization and unjust adjudication of black men.  In 2015, journalist Roxanne Jones stated that Bill Cosby had “betrayed black community”.  Journalist Denise Clay takes Cosby to task in this June 18, 2017, piece in Philadelphia Magazine.  In a recent NPR piece, journalist Gene Demby writes: “That’s why it’s worth noting how much the very real political position Cosby himself occupied — the kindly cultural ambassador of Negritude — has become if not entirely outmoded, then at least viewed far more skeptically.”

It is not mine to speak for, against, or in neutral terms about Bill Cosby’s interactions with definitions and interpretations of being black in the United States.  No doubt, he already was a controversial figure in this regard in the 1990’s, and his recent increased visibility has heightened the controversy.  While it is impossible and not desirable to remove the question of race from Bill Cosby’s case, I am going to focus more on the elements of the Cosby case that emerge from power, especially television star power, and decades of obscene privilege gone unchecked.  These alleged actions (and some admitted to in the 2005 deposition; quotes from it at this link) are not unlike the alleged violence perpetrated by the likes of Roger Ailes, Bill O’Reilly, and other Fox News power players accused of rape, sexual assault, violence, and subsequent cover-up that occurred over decades. (*See this related Gender Shrapnel Blog post from 9-19-16).  In fact, The New York Times’ and other newspapers’ editorial decisions to place much of the Cosby trial coverage in their “television” sections speak to the focus on entertainment and the media circus, rather than to the real-life possibility that a person seemed to have developed a pattern of administering powerful drugs to unwitting women and then doing to them whatever he pleased.  Editors of respected national dailies have made similar decisions with rape cases surrounding athletic superstars—placing the coverage of the case in the sports section, rather than in sections that typically cover criminal and civil lawsuits.  (*See this related Gender Shrapnel blog post from 1-2-17.)  The fame and fortune of these alleged criminals help their stories to be reported as more pulp fodder, more Kardashian-esque gossip, more sensationalized rise and fall, and less of an actual criminal case that reveals cruel and predatory patterns of the dehumanization of women over multiple decades.

When there is a single he said-she said account of a single incident, we experience great difficulty in believing the person who makes the accusation and finding against the accused.  This somewhat dated (2002) Department of Justice report, titled “Prosecutors’ Charging Decisions in Sexual Assault Cases: A Multi-Site Study, Final Report,” reveals that decisions to charge sexual assault cases do still hinge on perceptions of the accused (more likely to be charged if the person is black) and of the accuser (more likely to succeed in going forward if the person fits the “ideal victim image”, i.e. “pure” or “innocent”), thus striking at the core of race and gender shrapnel.  This much more up-to-date 2016 report about prosecution of sexual assault cases in the District of Columbia demonstrates that police officers and prosecutors need better training on collection of evidence, language for interviewing people in sexual assault and rape cases, and shortened processing times and evaluation of so-called rape kits.  The system still favors letting sexual assault and rape cases go, appearing at least tacitly to reinforce that rape is just supposed to happen.  In this The New York Times piece from June 20, 2017, Susan Chira interviews Jeannie Suk Gersen, who says: “We chose to set up our system to be stacked in favor of the defendant in all cases,” she said. “So, in areas where most of the defendants are male, and most of the accusers are female, it’s a structural bias in favor of males. Even if we were to get rid of sexism, it would still be very hard to win these cases. I think this is what we have to live with on the criminal side, because we’ve made the calculation that this is the right balance of values.”

You would think, though, that if 50 or 60 people told their stories, each story with its own specific context and details, but each contributing to a composite indication of malicious intent to disable people and then to violate them, you might be able to believe the 50 or 60 people who were victims of a pattern of violence and privilege and to act on your belief that they are telling the truth.  The pattern was able to establish itself, in fact, because each of the victims over this long stretch believed it impossible to take on the legendary Bill Cosby.  A person rendered an object might believe herself less important and less able to tackle an enormously difficult task, that of confronting “America’s dad.”

Take a moment to review the accounts of the now 60 accusers (there were 50 back in 2015), outlined here by The Los Angeles Times (6-17-17).  The first woman on this long list must wonder if there would have been fewer (or no more) victims had she been able to go up against Cosby and his star power.  In Andrea Constand’s case against Bill Cosby, Cosby is reported (e.g. here) to have claimed to have given Constand an “herbal” pill and later to have told Constand and her mother that it was only Benadryl.  Lili Loofbourow in the same opinion piece from The Week, quotes Cosby’s version of the events: “’I don’t hear her say anything.  And I don’t feel her say anything,’ Cosby says of the sexual contact.  ‘So I continue, and I go into the area that is somewhere between permission and rejection.  I am not stopped.’”  What the hell?  You were never looking for either permission or rejection because you had drugged the person so that you could ensure her silence and temporary ignorance of her own situation.  Cosby here is trying to co-opt consent language to make the case seem more innocent, but instead confirms the worst—a decades-long pattern of administration of drugs, forceful incapacitation of women, and sexual assault and rape.

The power and privilege of Bill Cosby, television superstar and celebrated member of Temple University’s Board of Trustees, has protected him from the full freight of potential conviction and punishment.  Here I give two specific examples.  First, most individuals with multiple charges of sexual assault against them would quickly lose support from high-level institutions (although we have seen time and again that these individuals often do not lose the support of their wives and/or immediate family members).  Cosby’s 2005 statement about drugging women did not get him removed from Temple’s Board of Trustees.  It wasn’t until the multiple charges were issued ten years later that he “resigned” from the Board.  This 2015 Washington Post piece analyzes Temple’s troubled relationship with Cosby.  Cosby’s lawyer from 2015, Patrick J. O’Conner, is still the chair of Temple University’s board of trustees.  This must send a rather fraught message to the university community about Title IX protections, or lack thereof, for students, staff (of which Andrea Constand was a member back in 2004), and faculty in the university community.

The second example of Cosby’s astounding sense of privilege and protection is his plan to offer “a series of town hall meetings this summer to educate people, including young athletes and married men, on how to avoid accusations of sexual assault,” as reported here in a 6-22-17 piece from The New York Times.  (*See this related post in the Gender Shrapnel Blog.) This plan absurdly ignores that the best way to avoid accusations of sexual assault is not to sexually assault.  This fake rehabilitative proposal is insulting, as is the statement by another Cosby employee that “anything at this point can be considered sexual assault” (same piece from The NYT).  As I write this, another Cosby spokesperson has announced that the time isn’t right for Cosby to undertake these town hall meetings.

This is a Trump world in which reality t.v. glitz and glamour override logic, decency, and even the law.