Washington and Lee University
SECOND STATEMENT OF STUDENT-FACULTY HEARING BOARD
May 9, 2008
On May 7, 2008, a panel of the Student-Faculty Hearing Board met to hear an allegation that two student authors of an article in the Trident were guilty of conduct unbecoming Washington & Lee students and of acts of prohibited sexual harassment. The charge was brought by a member of the Washington & Lee community who wished to remain anonymous, and was referred to the SFHB through the Office of the Dean of Student Affairs.
The article in question, entitled “The Bracket,” was intended to be a satirical “match-up” of 32 pairs of Washington & Lee students patterned after a college basketball tournament. The students, all listed by their real names, were listed in four categories, two of which were “Pretentious Sluts” and “Trapped in the Closet.” These two categories consisted of only female and male students respectively, and the discussion of each pairing of students included extremely offensive assertions or insinuations concerning sexual activity and sexual preference.
Because the sole complainant wished to remain anonymous, the Board was provided with no witnesses or evidence regarding the actual effect, if any, of the writing and publication of this article upon the persons named in it. Accordingly, the evidence presented at the hearing did not support the charge of prohibited sexual harassment.
The Board did find both students guilty of conduct unbecoming Washington & Lee students, and voted:
The Board also heard statements from the students concerning their efforts to make amends for their conduct, both by expressions of apology and by developing proposals for addressing ingrained problems afflicting the relationships between men and women at Washington & Lee. The Board encourages both students to continue these efforts.
In finding misconduct here, the Board was mindful of the fact that the misconduct occurred entirely in the course of writing and submission of a newspaper article for publication, and of the importance of free expression in student media and within the University community. However, the Board also recognizes that free expression does not carry with it any right---either in a University campus or in society as a whole --- to defame or invade the privacy of others. The article at issue here was extremely likely to hurt and humiliate private individuals for no discernible purpose or benefit. The authors held a trust as writers for the Trident, and they used that trust to bring harm to fellow members of the Washington & Lee community. This should not and will not be tolerated in a community that values decency and civility.
Just as the Trident and other publications remain free to publish what they wish, the members of the University community are also free to respond by affirming our commitment to making Washington and Lee a place where all persons are treated with civility and respect. This action and statement of censure represent such a response.
Student-Faculty Hearing Board
Prof. David Bruck, Chair
Margaret Elkins, ’08, Student Chair
On May 6, 2008, the full Student-Faculty Hearing Board met to hear an allegation of acts of prohibited sexual harassment by a Washington & Lee student. The incident occurred on March 20, 2008. It involved the e-mail dissemination to approximately 70 W&L fraternity members of an e-mail and attached document containing extremely offensive statements of a sexual nature concerning approximately 38 members of a Washington & Lee sorority, each of whom was listed by name. The document quickly received wide e-mail distribution throughout the University and beyond. The complainants, all Washington & Lee University students, brought the charge to the SFHB through the Office of the Dean of Student Affairs.
After reviewing the e-mail and attachment, and after hearing testimony from several of the complainants, the accused, and witnesses, the SFHB found that the entire episode constituted an egregious violation of the University’s policy against sexual harassment. The evidence established that the complainants experienced “unwelcome verbal . . . conduct toward members of the University community on the basis of [sex],” and “unwelcome . . . verbal . . . conduct of a sexual nature or on the basis of gender.” The evidence further established that the conduct “unreasonably interfered with [complainants’] . . . academic performance,” and clearly “creat[ed] an intimidating, hostile [and] offensive . . . academic environment” for students whose names were included in the e-mail.
At the same time, the Board took account of the role played by the individual student before it, as well as his own intent. Specifically, the Board found that:
Taking these facts into account, the Board concluded that the most appropriate finding with respect to the individual student before it was that he was guilty of conduct unbecoming a Washington & Lee student. Consistent with this conclusion, the Board did not find the student guilty of prohibited sexual harassment.
With respect to the sanction to be imposed, the Board took into account that the wide dissemination of the extremely offensive message and attachment was reasonably foreseeable, and that their dissemination caused great emotional distress and disruption of normal academic life for students who were named in the attachment, created an intimidating and hostile academic environment, and had a harmful effect on the University community as a whole.
Accordingly, SFHB imposed the following sanctions:
The accused student has the option to appeal within 10 days of the filing of this report.
The Board further wishes to observe, based on the evidence presented, that the episode at issue here appears to reflect an ingrained culture of disrespect for women, and of lack of civility in relationships between male and female students at Washington & Lee. These attitudes, and the intolerable kinds of conduct that flow from them, must be addressed and changed. The SFHB calls upon students, fraternities, other student organizations, and the University community as a whole to recognize and act upon this challenge.
* Student appealed conduct board decision. Please see http://www.wlu.edu/x36850.xml.
Student-Faculty Hearing Board
Prof. David Bruck, Chair
Margaret Elkins, ’08, Student Chair
