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Maryland’s Fiscal Woes Should Be a Wake-Up Call to Governing Boards, Regent Says

July 26, 2011, 5:29 pm

The e-mail came through at 6:47 a.m. last Tuesday. In two terse paragraphs, William E. (Brit) Kirwan, chancellor of the University System of Maryland, broke the news: The University of Maryland at College Park’s athletic program was in the red, had been for several years, and had recently exhausted the cash reserves responsible for staving off far-deeper deficits. (A report in The Washington Post later provided additional details, including $83-million in looming debt service on a basketball arena and renovated football stadium.)

The chancellor’s note came as a surprise to Charles T. (Tom) McMillen, a member of the Maryland Board of Regents whose days on the Terps’ basketball team in the early 1970s were followed by a Rhodes scholarship, 11 seasons in the NBA, and three terms in Congress. Budget holes, of course, are a problem for many athletic programs. But what made this one worse, in McMillen’s view, was that the board was largely unaware of the prolonged fiscal troubles.

Despite receiving annual reports from the athletic department on its finances, the budget gaps were never articulated to the regents, McMillen says. “Those reports didn’t show deficits, nor did they show transfers from reserves. So the board did not have a full look at what was going on,” he says. “If we had had true transparency, we would have seen that. And we didn’t.”

McMillen praised College Park’s new president, Wallace D. Loh, and its new athletic director, Kevin Anderson, for their handling of the situation. (Loh, for starters, has charged a new commission with recommending new sources of revenue and ways to trim expenses.) But he thinks two safeguards could have flagged the problems ahead of time: If the athletic department had been required to submit its budget to the board for approval, or if it had undergone a financial audit each year.

The problem isn’t just Maryland’s. As costs in Division I athletics continue to escalate, the issue of financial transparency will only become more urgent for boards, McMillen says. “All universities across the nation need to make sure that their governance systems are up to speed for the challenges ahead,” he says. “Every board of regents should be reviewing their procedures.”

So what’s the solution for boards keen on strengthening their oversight of athletics and, as McMillen suggests, bringing their protocols in line with recommendations from the Association of Governing Boards?

After looking around at what other colleges are doing, McMillen says he now has a short list of places he thinks are doing it right. The Board of Regents for the University of Hawaii system, for instance, approves salary raises for highly compensated personnel—including football and basketball coaches—according to a range that mirrors compensation trends at similar institutions. Many universities have boards sign off not only on capital budgets for athletics but operating budgets as well. And others, like the University of Colorado’s governing board, have separate committees dedicated to monitoring compliance with NCAA rules and athletes’ academic performance.

As for Maryland, McMillen says the Board of Regents will likely discuss how or whether to change its policies concerning athletics at its next meeting in the fall. In the meantime, he says, “I’m not calling for running the athletic department. I’m calling for common-sense steps that will help ensure that there are no surprises.”

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  • emack

     I have been an adjunct at 4 different colleges, from community to a private Jesuit university. I felt most a part of the private university, as when I came on, I was immediately invited to the pre-semester get together, the department meetings, and was taken around by the chair and introduced to the FT faculty, who were genuinely kind and welcoming. Although the other colleges (some begrudgingly) included adjuncts in meetings, workshops and get togethers, they individually didn’t  make much of an effort to be welcoming or inclusive, and were a bit standoff-ish towards adjuncts. Sending out a blanket email to adjuncts inviting them to a meeting or workshop is nice, but collegiality and inclusiveness come from an atmosphere of mutual respect and genuine camaraderie, which must come from the chair down to the TT faculty. If adjuncts choose not participate or become involved, then it’s on them.

  • missoularedhead

    The grass is always greener, right?

  • http://pulse.yahoo.com/_F2SYSF4QW43HUOOU4P5HCONPCA anne

    I will add that in the states where it is legal, record all your conversations. From the second that you start your interview to the last second that you will be in that job. Hire a lawyer before you sign a contract and keep that lawyer aware of anything that does not seem right to you. Remember, the university has a lawyer and he/she is consulted on anything before they talk with you…
    Just keeping away from all the cliques it does not mean that you will not be attacked. It can happen that the cliques will attackyou just because you are doing your job.

  • rwfoster43

    After almost a decade as an adjunct at a community college in greater DC, I do know fulltime faculty members and in a few instances feel I can talk to them on what seems like an equal basis — given the caste system we all operate under. As to adjuncts themselves communicating amongst each other that is a lot easier, especially now that a union to represent adjuncts has been created. I participated in a small group that worked with SEIU to create the union and got to know fellow organizers as well. As to socialization and/or consultation with fulltime faculty members, I have found in several instances — one in which I was teaching a course for the first time and needed advice from a fulltimer and got it – that many fulltime faculty when approached will respond without pulling rank or being so condescending as to be offputting. In the deparment I teach in — dominated by women — male professors have a drinking group that includes both fulltimers and adjuncts. In this case, male bonding trumps fulltime/contingent alienation.       

  • davi2665

    Why are members of the board left in the dark regarding finances, especially related to a potential cash cow, athletics.  Either the board is disengaged, which would be shameful, or the university administration has been using smoke and mirrors to present make-believe information to the board just to keep them happy, which would be equally shameful.  I thought one lesson that came out of Enron and other corrupt corporate cultures is that the board cannot pretend that they didn’t know about the finances, and play rope-a-dope.  The board itself needs to be revamped to bring on people who will actually engage and take on the fiduciary responsibility with which they are supposedly entrusted.

  • bray1958

    Boards in general have escaped oversight altogether, and this is especially true for Boards of independent colleges and universities.  While the majority act with honor and serve institutions well in order to further their mission, we all know of Boards that act with impunity on issues. At the other extreme from what is described above, are Boards which micromanage areas from Athletics to Finance, ignoring compliance and regulatory bodies except nominally or superficially.  It is vital that the Boards, especially of independent universities and colleges, which oversee billions of dollars in revenue, see regular and serious regulatory oversight. This is an area of governance at our higher educational institutions which has escaped attention entirely. University administrations are typically left powerless against both kinds of extreme behavior by Boards — extreme disengagement or unscrupulous micromanagement that violates norms.

  • manoflamancha

    Nationally, we should make a complete study of financing of big time college athletics, and indeed its relevance to the academic enterprise. Instead of athletics for the few and entertainment for the masses, we, as an overweight and unhealthy society, should provide Exercise Facilities on Campus for the many, with numerous intramural sports programs supervised by a few athletic department staff. This would provide the balance needed, both in campus finances and health for students. Scrutiny by boards would no longer be needed.  

  • cwinton

    So as I see it, the problem with this as well as most other “big time” athletic programs is that they are caught in a self-perpetuating and escalating debt load that basically prevents them from scaling back or otherwise restraining athletic expenditures.  When programs operate at a deficit, which is characteristic of most of the large ones, it just exacerbates what is already a shaky debt posture.  In effect the home institution finds itself caught in a vicious circle of needing to field winning teams to keep revenue flowing in, which in turn requires increasing the numbers and salaries of athletic staffing, which in turns leads to a demand for even finer facilities, all of which only serves to escalate the debt load that under girds the whole sorry mess.  And that doesn’t even count the cost of the various perks ladled out to program supporters.  One has to feel sorry for governing boards that find themselves having to deal with such out of control situations, although their own fixation on demanding athletic success is as often as not a large factor in what gave the problem its legs.  I suggest one place to start would be severe cuts in athletic department payrolls (and most especially salaries, perhaps capping them at what the institution’s president makes) in exchange for absorbing the accumulated debt.

  • 12080243

    “All universities across the nation need to make sure that their governance systems
    are up to speed for the challenges ahead,” McMillen says. “Every board of regents should be reviewing their procedures.” 

    Here’s why oversight won’t work at the University of Southern Mississippi with its oversight organization, Institutions of Higher Learning.

    On June 14 and 16, 2009, a USM Interdepartmental Invoice represents that USM’s president “Dr. Saunders & guests” flew on N777AQ (USM’s multimillion dollar airplane Saunders bought/leased during the recession) to Omaha, NE to watch the College World Series. The pilot’s log of the Omaha flight provides the passenger list. “Guests” included: Joe Bailey (President Saunders’ husband) and Doug Rouse. Doug Rouse is a member of the Institutions
    of Higher Learning. The IHL is supposed to oversee the accountability of the use of taxpayers’ and students’ money.

    Although President Saunders claimed that the cost per flight hour would be $800, records obtained through freedom of information requests show that the actual cost per flight hour is
    $6,187.67. The two round trips to the Omaha ball game required 11.7 flight hours. 11.7 flight hours at $6,187.67 per flight hour represents the actual cost of the use of the plane was $72,395.74.

    An important, but not the only point to keep in mind, is that IHL oversight of student and taxpayer subsidized sports programs at USM is compromised by IHL board member behavior.

    The costs of USM’s airplane is an ongoing research project, namely, “a test of social reality.” A background report of “tests of social reality” is available at http://ssrn.com/author=397169

    See, “A General Theory to Test Social Reality.”

    Chauncey M. DePree, Jr., DBA, Professor, School of Accountancy, College of Business, University of Southern Mississippi, m.depree@usm.edu

  • blesstayo

    If athletics are still for the alumni members, they should have no problems contributing to athletic programs, right? Chancellor McMillen, an alumni who played for Terps should write a generous check to U of MD.

  • montaigne

    This story raises two central questions, already mentioned in previous comments.
       First is the question whether expensive sports programmes are “relevant to the academic enterprise.”  As a Canadian academic, I’m not sure I can comment believably on that one. Our oldest universities–Laval, McGill, Toronto, and so on–seem to get along fairly well with sports programmes that pay their own way, or that are connected directly (and formally) to academic studies in kinesiology.
         Now, it is possible that expensive sports programmes are a reason that Harvard is no. 1 in the world, but it’s also possible that those programmes have next to nothing to do with Harvard’s academic values/importance.
       By contrast, the second question is universal. That is the matter of university governance. Canadian, American, British, European, and academics in _all_ the OECD countries are unhappy about the lack of transparency in fiscal matters in our universities. I’m not especially keen to see Boards of Governors given more direct power over the academic enterprise, but I agree with the comment-writer who said that Boards seem not even to be *trying* to do their fiscal duty. They should exercise fully the powers they *already* have. That would be a start. Certainly they ought not to be in bed with their own administrator-managers.
        Why not consider giving academic senates new powers of oversight, and if necessary small independent staffs of auditors? It is academics and their representative legislative bodies (e.g. academic senates) who should rule the roost. They must insist, and ensure, that academic priorities–not the interests of big-time sport–decide why and how university funds shall be spent.

  • davi2665

    One reason why academic senates should NOT be given new powers of fiscal oversight is that they are a highly self-interested group and not even close to being objective.  Such oversight power would end up in many institutions with decisions by the faculty union for the benefit of the faculty union.  The real fiscal oversight needs to be handled objectively with a “big picture” view.  Unfortunately, many boards consist of “good ol’ boys” who are far from this level of objectivity.  I have seen many board members who believe their position allows them to use university opportunities to feather their own personal or business nest.  Pathetic.

  • DiamondbackRuss

    Debbie Yow needs to be arrested and sent to jail.

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  • hunbun8

    Welcome to the ranks! It is the most rewarding job you’ll ever have!

  • eelalien

    Forget “secretly” harboring homophobic attitudes – you wear yours proudly!

  • livefreeordie2

    The very idea of “hate crimes” is anathema to our philosophical origins.  That we have tolerated the passage of such laws, and even worse that they’ve been upheld in any court, is a stain on our national character.  We should NEVER punish people for what they think – only for what they do.  Thoughts, no matter how despicable, should be protected.     

    To make matters worse, this type of scenario requires the government to favor one group of people over another.  Had Tyler been with a girl in his room, been filmed, and subsequently committed suicide, why should that be handled differently?  The 14th amendment requires equal treatment under the law, but that is certainly not what happened in this case. 

    Finally, Ravi’s actions were, in fact, nothing more than a teenage prank.  Obviously new technologies offer new possibilities for teasing, but there is no way – no way – that Ravi could have reasonably foreseen Clementi’s suicide.  Should he be punished for what he did?  Absolutely!  But he should be punished for what he did, not for what Clementi did.   As sad and tragic as it is, the only one responsible for Clementi’s suicide is Clementi.  To use “thought crimes” to try to reassign the blame to Ravi is a frightening abuse of our legal system to make a point about a governmentally favored group.

  • mnprivate

    Well considered. I suspect  Ravi is the least complicated object for the media to subject to the politically correct prosecution of “bullying.” Someone said, “I’ll believe a corporation is a person when Texas executes one.” Likewise, I’ll believe society actually cares about the victims of bullying when I see a football coach or a star athlete get convicted for this kind of crime. There is no societal cost for prosecuting someone like Ravi. He’s an easy target.

    The cultural reaction to the Penn State events were enlightening. At least as many people thought the trauma to the football team and inconvenience to the team and fans were morally similar to the victimization of the boys Sandusky abused. For that matter, the right wing’s ability to portray billionaires as pitiful victims of class warfare when those characters’ slight tax burden is considered is a pretty good sign that we, as a country, are more on the side of the bully than the bullied.

  • kosboot

    Having been on juries that came to a verdict, I know that you can *never* trust what the press or anyone else says about a case unless you’ve been there the entire time and heard the specific charges from the judge.  I also gather that, however unfortunate was Clementi’s suicide, it should have nothing to do with the case.  (Whatever Clementi said indirectly should not be taken as the entire story – just as it wouldn’t be taken with any human being, and certainly not a gay one who spends a great deal of their life in the closet and whose identify is partly tied up with disguising.)

    That said, I am satisfied with Ravi’s conviction.  Unfortunately, the problems this case highlighted are endemic to American society.  Just look at what happens in the political arena in Washington D.C. – is that not bullying?  Bullying is a typical aspect even of junior high school.

    Perhaps this case will cause people to start thinking more deeply about how they behave (even indirectly) to others.

  • mnprivate

     ”The purpose for being at Institution of Higher learning is to learn.” I suspect you’re show your (and my) age with this statement. The purpose of most higher “education” is to extract money from customers. Education must, first, have a purpose and the purpose of most of the subjects taught in universities is suspect, at best. If there is no vocational path other than a possible teaching position in the same subject, a program’s purpose is perverted. If there is no measurable practical benefit to either the student or the society for the study of a subject, the program’s “purpose” is self-defined. With that as the core premise of most university programs, no wonder students are distracted by more entertaining activities. Higher education is too often the world’s most expensive babysitting service.

  • mnprivate

     ”Jackbooted homosexuals?” Sounds like the usual wimpy neoconservative reaction to anything resembling opposition to the wingnut agenda. You characters really can’t stand opposing views, can you? No wonder wingnuts celebrate Reagan’s repeal of the Fairness Doctrine.

  • okieinexile

    Out of curiosity?  Why not capitalize?

  • http://www.facebook.com/profile.php?id=504382859 Peter Storandt

    As the writer mentions in his text, danah boyd does not use upper-case letters in her name. Not typos; just facts. 

  • http://www.facebook.com/people/Antsy-Kuhnwisse/100002159499682 Antsy Kuhnwisse

    There is, indeed, a big problem with the concept of a hate crime, in its reliance on the supposed thinking of the accused.

    But there is — or once was — a genuinely sound rationale for it: the hate crime is a threat to everyone in a certain group.  The attack on one member of a minority group is meant to send a signal to the others, to intimidate and terrify a whole community and get them all to submit, or move away, or be silent.

    By those standards, I hardly think that Dharun Ravi’s actions, or those involved in many other bullying cases these days, would qualify as hate crimes.

    On the other hand, I hardly think the word “prank” is appropriate. If Ravi thought what he did was “all in good fun,” he couldn’t have been bright enough to be accepted at Rutgers!

  • bobcat99

    I am confused by the ambivalence of Boyd and the others quoted above.  Poverty is a major contributor to crime, but we punish poor people who, for whatever reason, steal the cash or pull the trigger that results in someone’s murder.  I agree that how Clementi handled the situation was not the issue.  The issue is that Ravi allowed his culturally-ingrained and supported biases go too far and intentionally violated someone’s privacy in a malicious and harmful way. He is a victim of the culture’s homophobia but, sadly, he let it get out of hand and now he is a criminal. I do not see the ambiguity here. 

  • darccity

    Reading the comments in the Chronicle to this and previous articles related to the Ravi case, I better understand how endemic bullying is in America. Many of these posts were likely authored by bullies themselves wrestling with their own past behavior, seeking absolution, and rationalizing their motives. Now we hear that non-academic disciplines like communications want to “research” this subject, perhaps even obtain grant money. Just shows there are profits to be made from any event, no matter how heinous.

  • bevfreeman

    There are other instances of bullying using social media that had terrible results, an Irish-born young woman in Massachusetts committed suicide when students were relentlessly cruel to her. Tyler was very vulnerable, having come out relatively recently. Ravi could not have known this but he was irresponsible in making public a private matter between Tyler and his lover. If a hate crime has chilling consequences for others, I think his actions would qualify. I believe that the fact that Tyler died should not and does not have anything to do with the prosecution’s success. This is a nightmare that Ravi won’t wake from for a very long time, and this is very sad. The whole situation is very sad and underscores the power of homophobia to do measurable damage.

  • dwkriebel

    Antsy, Re this being construed as a “prank,” consider your own college days and how students behaved. It’s quite possible that students like Ravi may be smart enough to get into Rutgers or Harvard or anywhere, but still consider something like this as “all in good fun.” Performance on SATs or academic achievement does not equate to good ethical/moral judgment.

  • http://www.facebook.com/people/Antsy-Kuhnwisse/100002159499682 Antsy Kuhnwisse

    Agreed, dwkriebel, I wasn’t being quite serious with that remark.  Smart people do indeed do stupid things.  However, Ravi’s actions did seem too malicious to be classified as a “prank.”

  • nontraditional001

    The law changes with society.  Interracial marriage and sodomy were once against the law.  Thoughts motivate actions and cannot be considered separately.  The law almost always considers motivation (state of mind or thinking) in determining the severity of punishment.  Hate crimes were designed to distinguish a subset of especially heinous crimes that society has deemed reprehensible, crimes that target a specific group of people.  The US has a long history of the persecution of minority groups.  We finally designed a mechanism in the law to add additional punishment to such crimes in an effort to deter them.  Mr. Ravi may not have had the intent to kill Mr. Clementi, but he did target him based upon his homosexuality, ergo a hate crime.  The result of his hate crime was the death of a person.  We can’t establish definitive cause and effect but it doesn’t matter.  It is naive to dismiss the gravity of and uniqueness of hate crimes.  Heterosexuals are not subject to societal persecution in any form in modern society, except maybe unmarried couples in some religions.  Mr. Ravi’s “prank” has been exposed for its seriousness and a jury of his peers has decided it was a hate crime.  His ignorance, immaturity, and egocentricity do not excuse him.  His generation needs to know that they should exercise discretion in the use of public media, which has put a spotlight on bullying in general.

  • http://twitter.com/joywhamm Joyanne Hammond

    More discussion with teens who are still in high school is an important tool to improve awareness. Start these talks with YA fiction, such as my novel, “The Bully In My Bedroom.”
    Joyanne Hammond

  • what4

    Parents — if you have sensitive children, send them to something that will give them physical and emotional strength. Several years of a hard-style martial art will likely help, and there may be other avenues. Help them learn to be sensitive human beings without becoming anybody’s victim.

    Unless they live in a bubble, life will require them to survive failure, blame, criticism, ridicule, rejection, and bullying — and continue to live. Teach them how to be tough when they need it.

  • unemployedacademic

    Ever heard of motive?

  • sciencegrad

     You say that communications is a non-academic discipline.  What, in your opinion, defines an academic discipline?

  • 11232247

    This entire case has the tragic smell of Edward Albee’s one act play, “The Zoo Story.”

     http://en.wikipedia.org/wiki/The_Zoo_Story#Plot_summary

    My guess is that never in Mr. Ravi’s wildest opium fed dreams did he ever imagine that his roommate, Tyler Clementi would kill himself out of either embarrassment or shame. Alas, the late Tyler Clementi has by his own actions, left Dharun Ravi and his once promising life sort of holding the proverbial knife…so to speak.

    Good luck Mr. Ravi. Fifteen years and the promise of deportation back to India is quite a price to pay for another man choosing to kill himself.

  • theart

     ”Too much for young kids.”

    At roughly what age do we expect them to stop being little children these days?

  • indirectsunlight

    Yeah, If that level of harrassment led to suicide , there would be nobody left. The “crimes” of the case are about as minimal as can be imagined. Your saying anything other than what you think is right  is wrong, is one dimensional. What everyone is saying is that the punishment doesnt fit the crime. Like LSD federal sentencing guidelines. Not Gay, no suicide. No case. Period.

  • m31lou30

    The inclinations or tendencies with which one are born are separate from the choices of behavior we make.  Engaging in homosexual activity is a choice unless one wants to indentify this behavior as a compulsion that must be acknowledged and “relieved.”  The dilemma for many now is whether or not disapproval of homosexual activity is a phobia that should be activly outlawed.  Do we identify the very essence of our identity as being dependent on the type of intimate behavior in which we have desires to engage?  Are those who have strong opinions about the wisdom and desirability of some behaviors to be labeled bigots?  What about ministers who preach from the pulpit that homosexual behavior  or for that matter  any sexual activity outside heterosexual marriage is to be avoided?  Have they committed a hate crime?

  • dank48

    Apparently danah boyd subscribes to the bell hooks theory, which is that unconventionality in capitalization constitutes an accomplishment. Ambrose Bierce is rather bracing on the subject:
    “eccentricity   n.   The distinction of a fool.”

  • dank48

     So if a rapist couldn’t “have reasonably foreseen” his victim’s suicide, you wouldn’t hold that against him either?

  • nematoda

    It’s interesting the CHE follows the personal preference of “danah boyd.” I say this because many academics, when interviewed, cited or quoted on this site prefer the title “Dr. so-and-so,” as opposed to Mr. or Ms. so-and-so. Yet, the CHE insists on reserving “Dr.” to those with medical degrees. 

  • dank48

    You use quotation marks around “detest” and “bullying” but write “Try telling anyone who had his life ruined by jackbooted homosexuals for
    opposing same-sex ‘marriage,’ that the latter oppose ‘bullying’” with a straight (ahem) face. Of course, you also support your contention that hate-crime laws are unconstitutional with a reference to Law & Order, so you’re obviously to be taken seriously.

    So, is trolling blogs really all you have left to do, now that those jackbooted homosexuals have ruined your life? From that perspective, how would you compare that treatment to a hypothetical situation in which some righteously heterosexual acquaintance films episodes from your sex life and posts them where everyone you know will see them?

  • icclift

    Definitely, agree with what you said.  Additionally, I think my biggest concern with the case is that it suggests that Clementi was not personally accountable for his actions.  Indeed it makes the assumption that Ravi is.  When we begin to suggest that others are responsible for our actions then where does it end?  Of course this is not the first case of its kind, but it suggests to me that personal accountability may be something that needs to be taught at an early age (for both sides of the case).  
    And as to some of the comments about ‘how appropriate’ Ravi’s actions are:  I can easily see a 18 year old doing something this stupid.  It reminds me how we try children as adults for committing murder, because as we all know, murdering others is so mature.   

  • cjones599

    I did not follow the trial closely at all. I think that Ravi should pay for his crime. I also feel that Ravi was used as some kind of scapegoat. I will watch for the appeal or a reduction in the sentence based on sentencing alternatives that might be available.  

  • icclift

    The average sentence for harassment is between 12 months and 3 years (via a quick internet search). So fifteen years for the unforeseen consequences of your actions seems a bit excessive. I’ve seen drunk drivers convicted of manslaughter get off with less.

  • phonenear

    Kudoes to kosboot and bobcat99 on their comments. The article is a bit dispiriting as it illustrates the fog into which some academics get, and ditto the excessive focus on just one of many counts on which the unfortunate young man was convicted by a jury whose job it is to follow and apply the law as written. 
         One can only wish that parents would make sure regularly to use this case as a “teachable parable” about boundaries in behavior and about bad actions potentially having consequences of extreme (and atypical) gravity. 
         The simple truth: the guy committed a gross invasion of privacy and then appears to have engaged in trying to cover up actions that were both shameful and criminal. True, there are not enough resources to prosecute everyone who does these things (and one only wishes that these sort of invasion of privacy were prosecuted more and, as conducted by our government, better prevented). But this seems an appropriate prosecution and one hopes that (metaphorically) killing the chicken may scare some monkeys.   

  • katisumas

    It’s a hate crime if you beat up someone because you think he’s gay.  Hate crimes are defined as violence motivated by hatred of a group.  In this case it destroyed an individual and broke privacy laws.

    I think Ravi was wrong and there should be some consequences for his actions.  However, he was badly advised.  He should have taken the deal offered by the prosecutor before he went to trial. That was a fair deal.  It involved community service and no jail time.  But since he made the mistake of going to trial, he should have at least testified and say how sorry he is. 

    I don’t think the jury’s conviction was fair, however.  And I too wonder if the jury was impacted by the fact that Ravi was born in India.

    As for preachers claiming to be Christian and preaching hatred and then, when violence occurs washing their hands off it, well that’s despicable.  Do you think they were born that way or did they chose to be both hatemongers and cowards?

     It would be despicable even if being gay was a choice, but since it isn’t and since we all know that kids want desperately to belong and don’t want to be different, we do know it’s not a choice.  (in additon to genetic evidence, but of course you don’t believe in genes, right?).  That’s why gay children are so vulnerable to bullying and that’s why there is such a high rate of suicide among gay pre-teen and teens.

    As for what to expect from a “Christian” preacher, I suggest you read the New Testament. Aren’t Christians supposed to follow Jesus’s teachings?  And don’t Jesus’s teachings superside the hatred and violence of the Old Testament?  (you know, all those killings and rapes sanctioned by god?  What comes to mind is the practice of stoning to which Jesus is said to have reacted:  “let one who has no guilt throw the first stone”  and that’s why Christians are not supposed to stone or lynch or beat up or bully or ostracize people they don’t like on the basis of the amount of melanin in their skin or on the basis of their sexual orientation or on the basis of their gender or….)

    The only place in the bible where you’ll find one rule on a man not having sex with another man is in Leviticus, in the Old Testament.  Leviticus is made up of rules such as ”you must sacrifice a turtle dove to god every Saturday”  Or, “if you find a spot of mildew in your tent, you must destroy the whole tent”  and so on.  The word translated as “abomination” has been retranslated as “gross” or “icky”.  We have made some progress in language knowledge since the seventeenth century. 

    PS:  think twice before videotaping your neighbor without her consent and putting that tape on the web.  It is against the law.  If you did it because she’s black, or gay, or because you caught her having same sex with the telescope you keep on your windowsill, that’s a hate crime.  Actually it should be a hate crime if you did it because she’s a woman, or if you indulge in domestic abuse of your wife or partner or girl friend.  I wish violence against women would be included in the hate crime category, and for that matter, it should include violence on the basis of gender so it would include violence against men  (it’s not only gay men or gay women who can be abuse by their partner, hetero women have been known to also abouse their man and these get even less help than women in similar situations).  So what do you think?  Or are you just as ambiguous about violence motivated by gender (you know Eve, etc) you are about preaching against gays?

    Ask any social historian.  There is a predicatble pattern:  the more homophobic a society is, the more misogynistic it will be.  And vice versa.  In Uganda where the impact of the , after visits by US legislators and preachers, they are now debating making it a death penalty case, and giving 5 years prison sentences to anyone knowing someone to be gay and not denouncing him,  well, in Uganda there is an epidemic of domestic violence against women, including murders, and those crimes go unpunished.  This is one examples among many.  Among those you have to include the war presently waged on women’s health in our own country by people who are stridently homophobic.  It should give you pause….

    PS2: and how do you explain the obsession with homosexuality of the most homophobic individuals among us, including those hatemongering preachers?  It has been noted over and over again that the worst homophobe is a closet gay as evidenced by many such incidents.  It is now clear that the gay homophobe isn’t objecting to homosexual sex, he is objecting to homosexual LOVE, because such love is out of the closet and because then, he’ll have much fewer opportunities for quick sex in some public bathroom….

  • nyceducator

    You are very right MNPrivate…lately I do feel like a babysitter in academia. Please believe me I wish I were being sarcastic. I am afraid for our community/society of the present. These college students in Higher Education are the future…really?1?

  • katisumas

    Do you think it helped that the victim’s mother rejected him when she  found he was gay.  How about teaching parents to love and support their children?  How about teaching parents to appreciate their childrens uniqueness and encourage them in what their uniqueness leads them to, whether it be martial arts, or music or maths or……

    As for Tyler Clementi, he was an accomplished violinist and already had performed at concerts and won awards.  This called for hours of daily practice and plenty of discipline.  Life did not promise him “failure, blame, rejections and bullying” (as for criticism, he had to be used to listen to it, because how else could he have grown as a musician?  You are constantly criticized by your teachers and your fellow musicians).  Life promised him success and appreciation.  That’s what his parents should have been telling him.  They should have told him “it will get better, in your case incredibly better”

    He killed himself because he was gay and having it plastered all over the university he’d just began to attend triggered more pain that an 18 year old could bear  (I suspect that Ravi was probably motivated by jealousy as much, or more, as homophobia). 

    What helps those kids is the “It Gets Better” movement, not compulsory ”hard martial art”, This might incidentally destroy a violinist’s hands, or at least take from the hours of practice his art requires, or it could be something he’d loathe to do and it would lead him to feel even more desperate. I also can’t  help wondering about your choice of words:  surely you didn’t mean that “hard martial art” would “beat the gay out of him”? 

    This is so very very sad.  One life extinguished and another life destroyed.  I sure agree with the gist of the article.  Endemic homophobia in our society is to blame.

  • katisumas

    Thanks, I’ll look it up. (I do like youth fiction, plus I’m looking ahead.  I  have granddaughters who will be teens in about ten years!) 

  • katisumas

    I am not happy with Ravi’s conviction.  I think it is too harsh and I too wonders if his being born in India had something to do with it.  He must have been very badly advised to refuse the deal offered by the prosecutor:  community service but no jail time.  Since he already was kicked out of college, this seems to me a fair punishement for a foolish 18 year old.

    And then he was even more badly advised when his lawyer didn’t put him on the stand to say he was sorry for what he did….

    My understanding is that Clementi was not in the closet and his high school buddies (including Ravi) had known he was gay for years, but it seems to have caused Ravi to invade Clementi’s privacy when they both started college.  Could jealousy have been involved because Clementi was such a promising violinist with already several awards and treated as such when he started college? 

  • katisumas

    Robert, is that you again?  The clue:

    “Try telling anyone who had his life ruined by jackbooted homosexuals for opposing same-sex “marriage,”

    Is “jackbooted homosexuals” some sort of fantasy that comes to your mind because you have stated in so many posts that you are bi-?  Oh yes, it surely applies to an 18 year old violinist such as Clementi.  Did he wear his “jackboots” during his performances?  Did he wear jackboots when he jumped off that bridge?

    PS:  students are free to change roommates in college, it’s not the army, you know.  I sure wish Clementi had done so.

  • katisumas

    out of curiosity, why capitalize? 

    And why a thread about such trivial matter when supposedly the subject is the loss of one young life and the destruction of another and the high rate of suicide among pre-teens and teens who are victims of bullying?

    You guys are giving academics a bad name. 

  • 11182967

    See Ian Parker’s reportage in the 6 February 2012 New Yorker magazine–the article is careful, thoughtful, and thorough without being judgmental.  The actual events and participants of this case appear to be rather different and more complicated than the simplified caricatures and accounts coming from either of what has come to be “both sides.”  While the justice system is adversarial by structure, it ought to be that analysis and interchange among scholars–or academics, in any case–is more temperate and rather less certain of itself than many of these comments suggest.     

  • katisumas

    I thought Clementi had a music scholarship?  Am I wrong?

  • 22265447

    This research fellow is helping to develop the direction of a foundation called Born This Way? Quick, Lady Gaga, get yourself a new research fellow.

  • katisumas

    darccity sadly, I agree with your insight.  

  • livefreeordie2

    Motive is an element of proof.  One is not punished for one’s motive, rather for the crime that is committed.  Calling something a “hate crime” makes the actual thoughts criminal.  As I said above, had he done this to his roommate who was with a woman at the time and the roommate committed suicide, we wouldn’t even be discussing it. 

    The only thing that should ever be punished is the criminal act.  Use the hate to prove it, that’s fine.  One could even use “hate” to prove intent and potentially increase the seriousness of a charge.  But it strikes me as the opposite of justice if two people commit identical crimes and yet the punishment in one case is much steeper simply because of what the perpetrator was thinking.  How far will we have to travel before the thought alone is punishable without the act?

  • katisumas

    If Clementi had been a woman, and the breach of privacy motivated by that fact, that too would have been a hate crime.  It would not have been handled differently  (so if you video tape your neighbor kissing someone, remember it’s illegal — if you did it because she’s a generic woman, then that should  be a hate crime.

    Are you  one of those bullies opposing the bill against violence against women (which also refers to men, and should refer  to any gender motivated  violence).  It was originally unanimously passed by Congress in 1994 but now that the Republican party has been hijacked by what used to be the fringe radical extreme right, they oppose it. 

    Is that what motivates you in your opposition to the notion of hate crime = crime committed on the basis of hatred for as whole group so that the individual victim is seen as a generic of that group rather than an individual.  You remember the time lynchings in the South went unpunished?  This went on till the late sixties but your buddy Santorium uses “1965″ as a code word along with “when things were how they should be” in his stump speeches in Southern states….. 

    I hope he is NOT referring to lynchings,  but to the end of Jim Crow through the Civil Rights Act of 1964 and the subsequent enactment of hate crimes laws…. On second thought his ideal time was when lynchings went unpunished, including that of Emmett Till during the “ideal” good ole fifties, so he is indirectly referring to lynchings.  

    So livefreeordie, why don’t you do some time travel back to the fifties so you can put on that white hood and terrorize innocent people with impunity and STAY THERE.

  • livefreeordie2

    Sorry, dank48.  Your analogy isn’t very good.  The truth is that it would be very difficult to charge a rapist for a victim’s suicide.  If she did it while the rape was occurring, I suppose one could make a case for felony murder, but otherwise I think it’s unlikely.  Perhaps a relative could file a wrongful death claim in civil court, but criminal charges wouldn’t stand up.   In the case of Ravi and Clementi, I’m not sure that the basic charge of invasion of privacy is even a felony.  And he was specifically not charged with contributing to Clementi’s suicide. 

    By the way. . . did you have a point?   

  • livefreeordie2

    Antsy. . . it’s been a long time since I lived in a dormitory situation. My recollection from more than 40 years ago is that we played some pretty vicious pranks on each other. We didn’t do what Ravi did because the technology didn’t exist. And homosexuals were not all that out of the closet. But given the technology, I can certainly imagine a bunch of 18 – 20 year olds setting up a camera to spy on a roommate. I suppose the bigger difference is that upon finding out, we would all have gotten drunk together. . .or at worst, the roommate would have punched someone in the face first.

    A prank is still a prank. . .even when something goes horribly awry.

  • wendyxqm

     There’s a difference between “young kids” and “little children”. And enough research on developmental stages.

  • livefreeordie2

    katisumas – your comment – the kind of vile name calling that is the trademark of the left – is the quintessential definition of bullying.    4Q

  • dredsm

    This case causes pause for several reasons.  I am concerned that boyd does not believe Ravi should have been prosecuted. Is she suggesting that Ravi’s actions be ignored?  Surely he knew better; I believe he took the word “prank” to an unacceptable level but was not prepared for the consequences of his actions.  I believe he suspected Clementi was gay, and if it made him uncomfortable, he should have asked for other living quarters.  Instead, he stayed there, plotted, and executed his “prank.”  Voyerism seems to have become a favorite pastime as is obvious with countless reality shows on television.  This alone sends the message that watching what people do behind closed doors is all right no matter what. 

    People have the right to be who they are-even behind closed doors.  Obviously “being found out” was more than Clementi could handle, and he reacted to being exposed.  Society cannot condone  people’s privacy being violated that way; it is wrong.   

  • Socratease2

    There was no video taping in this case, there was live video streaming but no dvd and no re-broadcast, no public exposure.

    “the notion of hate crime = crime committed on the basis of hatred for
    as whole group so that the individual victim is seen as a generic of
    that group rather than an individual.”

    Well, that is a mouthful of a definition, but it doesn’t change the fact it makes zero sense from a legal perspective. You really think it is illegal to despise a group of people for whatever reason you may choose? I am not saying it makes you smart or insightful to hate groups of people but I am pretty sure my first amendment rights give me the ability and freedom to hate indiscriminately. I see people as generically “human” and often find them “unlikable” based on their common human condition. Am I a future “hate criminal”? Let me answer, no I am not.

    But please help me to understand, the act of murder, the most egregious violation of an individual’s rights possible is actually worse of an offense if I also disliked some ascribed characteristic of that individual?  You can’t commit assault unless you assault someone and you can’t indict someone for having a “perception,” I would like to know how you can assault “a generic of that group rather than an individual.” Is there a video of that on You Tube maybe? Sounds like it would take a lot of energy (and many arms). Guess killing in war is the ultimate “hate crime” as soldiers are taught to dehumanize those they are ordered to kill.

    Where does this stop? Can a black person commit a hate crime against a white person? A gay against a heterosexual? Or does hate only matter when you are perceived to have power over others even if you don’t. I had to attend some diversity workshop where the facilitator told us that a group of white people beating a black person is always racist but a group of blacks beatng a white person is never racist. I am not making that up. And if that makes sense to you then….believing is seeing.

  • unemployedacademic

    OK, I see where you are going with this, but doesn’t that improperly construe the nature of a crime, which is not an injury to an individual (dealt with by torts) but an injury to society? In the case of a hate crime, the status of an individual as an individual is secondary to the individual’s status as a member of a group. The attack in a hate crime is an attack on a broader group within society. Thus, it differs in definition from the murder of an individual. It is not about the thought but the intended victim of the attack.

  • Socratease2

    You think it is endemic here, go to Japan or research the topic of “ijime.”  I was shocked at the intensity and frequency of bullying in Japan.

  • dank48

     Sure, I have a point.

    For starters, you accuse Katisumas of “vile name-calling.” I don’t see name-calling in the comment. Apparently your vision is so sharp and your hearing so acute that you see and hear things that aren’t there.

    Your definition of “prank” is cute. Suppose a prank like this were played on your son or daughter. Or your mother. I would love to read your explanation of how unfair it would be to hold the prankster responsible for the psychic damage to the victim.

    As for name-calling, here comes some: I’m an idiot to be discussing the matter with you. I’d have to be to expect a sane response.

  • Socratease2

     I have a PhD and published dissertation and articles in this non-academic field, bozo. Perhaps you should do a little more “research” on your basic knowledge of higher education.

    So, let’s confirm, you believe bullying is endemic in US schools but find it distasteful that someone might want to research the causes and solutions to the problem? Strange. And you think a sociologist obtaining grant money to study bullying  really has a profit motive for the work. Yeah, an associate professor and two grad assistants living it up in Cabo for months, partying off their miserly research grant. Happens all the time.

    And…it is not the topic that makes something “academic’ or “scientific,” it is the method of inquiry employed and the ability to provide empirical evidence that supports a study’s findings. 

  • Socratease2

    Where the hell in that paragraph do you find an insight worth agreeing with??  You do agree sadly, so that is a good start. Hopefully you are just agreeing that bullying is pervasive and a problem and not with darccity’s odd theories on who blogs or  the worth of certain academic disciplines or on the hidden profit motive in social science research.

  • Socratease2

    Yes, if the trial was about the cause of death but it clearly wasn’t. So his defense would not have been very good to argue a defense that is about a different crime than the one his defendant was charged with. Clementi’s parents had nothing to do with Ravi’s crimes so why would a defense lawyer go after them? They wouldn’t. The trial was based on charge of bias intimidation and tampering, people need to get that straight.

    As for college sex, students have denied access to their dorm rooms for as long as roommates have been having sex. Of course roommates will be inconvenienced. yes, most kids have private bedrooms and then almost every kid who goes to college learns to deal with a roommate. To say that is unreasonable is certainly unreasonable. We aren’t solitary orangutans roaming the wilds of Borneo.
     

  • livefreeordie2

    I understand your logic, but it rests on the idea that being “an individual is secondary to the individual’s status as a member of a group.”  While I wouldn’t argue with the idea that we have certainly travelled a long way down that road, my point is that our founding documents never supported the idea of subordinating an individual to some wanted or unwanted group membership. 

    Look. . . There are a couple of facts that are true.  One is that all of us are affected by the untimely death of a young person for any reason.   Another is that while all violence is senseless, we can understand things like jealousy or even greed as a motive for a crime.  Most of us find it impossible to understand how one could commit an act of violence simply based on an appearance.  And finally, it’s emotionally satisfying, under that circumstance, to see someone really get the book thrown at them.  Yeah!

    But in reality, the law should be rational and not emotional.  Justice should be blind.   And it should never punish someone for what they think,  only what they do.  A crime is a crime and it should not be made more serious by what the perpetrator was thinking.

  • Socratease2

    I agreed with the part about hate crime laws being constitutionally suspect..but a homosexual power grab, gays promote bullying, well, clearly you are off the deep end there. Contrasting gays  with “normals” is ridiculous. So the gay roommate is a minority, powerless and bullied but you are worried about the straight roommate who is privileged, protected and socially accepted always. I had no idea that disenfranchised people who are considered criminal and deviant by the ignorant majority could be so darn terrifying. Who knew?

    I take it you are a “normal”, god help us. And, I am not gay, but I know clubs where you can meet jack-booted homosexuals wearing boas if you want, and you know you secretly want to. Anyone who protests that much about gay behavior and uses the word “jackbooted” is so gay.

    Anyway, my advice is stick to the topic of law, when you write on that subject, you don’t sound as deranged.

  • Socratease2

    You should get out of the direct sunlight. What are you talking about? You think suicide is always the result of one, and only, one specific event. Grow up. Talk about one-dimensional thought, oh, the irony in these blogs. No one is saying this event in and of itself caused anything.

  • livefreeordie2

    dank – katisumas said, “So livefreeordie, why don’t you do some time travel back to the fifties so you can put on that white hood and terrorize innocent people. . .”  I may disagree with you politically, but you are certainly smart enough to understand that he is accusing me of being a potential member of the KKK.  Would you like to make the case for me that saying something like that is not name calling? 

    And let’s take a moment to look at what he said.  Suppose, just suppose that he made that accusation to someone who then fell into a depression at the very idea that someone would accuse him or her of belonging to such a disgusting group as the KKK.  What if that person was already suffering from clinical depression, but that comment was the final straw.  If that person committed suicide and left a note detailing the pain felt because of Katisumas’ comment, should the cops arrest him for contributing to a suicide?  He’s making fairly vicious accusations in a blog comment.  Since they resulted in a suicide, should he be held responsible?  Do you see my point?

    He is just being a jerk – not intending to do any lasting harm.  Do we still hold him responsible for “psychic damage?”   That’s the problem with using the outcome to redefine a prank.  Had Tyler not committed suicide and instead punched Ravi in the nose, no one would have a problem with calling it a prank.  

  • 609zr

    What happens if we remove the gay issue from the case?
    1.  There are laws against voyeurism and bullying.
    2.  Two foreign students deliberately violated those laws.
    3.  The why of Mr. Clementi’s suicide is irrelevant according to B.F. Skinner and a band teacher. 

    “Do not touch your neighbor’s musical instrument.  Even if it is about to break, the fact that you touched it when it broke makes you responsible.”
    As a last note, psychological torture is real. 

  • livefreeordie2

    Socratease2 – Well said!

  • indirectsunlight

    It seems to me as if you are missing the point that many who support the conviction do indeed believe that Ravi’s actions were instrumental in Clementi’s suicide. As I said before, not gay, no suicide, no case. I know enough about suicide. I also know as another poster put it “Clementi left Ravi holding the knife” Haha. If this were a forum we could just slap up a poll” Who thinks Ravi should get the maximum 10 year sentence?”THen we could really see who has gone off the deep end. Community service, thats all , at most Ravi’s crimes deserve. Anything else is a witch hunt. As someone who is a leftist at heart, progressive etc, it is more than amusing watching the left go off the rails on this one. Then again, people are dumb all over.

  • nontraditional001

    poor kids, you should see living conditions in the military. what drivel.

  • darccity

    I was solely referring to the communications research, not to the sociologist. I doubt that you’d find very much support among most college faculty for communications as an academic discipline. But a majority of departments in today’s universities are not disciplines either. Instead, they are professional areas centered around their subject matter and drawing upon all relevant academic disciplines. Public administration, criminal justice, nursing, hospitality management, accounting, finance, marketing, public relations, legal studies, health and recreation, etc., etc.

  • unemployedacademic

    “A crime is a crime and it should not be made more serious by what the perpetrator was thinking.”

    I don’t understand. Isn’t a hate-crime killing a different crime than other types of killing? What, if not what a perpetrator thinks (i.e., the amount of forethought, the emotional circumstances, etc.), distinguishes 1st-degree murder from 2nd-degree murder and both of these from manslaughter? It seems to me that thinking is an important part of the definition of the crime, and when we built our justice system to reform the perpetrator, rather than provide us with vengeance, it was most certainly part of the sentencing considerations (e.g. – insanity, temporary insanity, etc.). Isn’t this why perpetrators without the mental capacity to understand what they have done do not face trial?

  • http://www.facebook.com/people/Nicholas-Stix/721916225 Nicholas Stix

    Katisumas,

    Your competence at arguing exclusively via ad hominem attacks qualifies you to be the holder of an endowed chair at today’s antiversity.

  • http://www.facebook.com/people/Nicholas-Stix/721916225 Nicholas Stix

    Socratease2,

    Having spent many years confined to institutions of higher education, during which
    time I read Rubyfruit Jungle, I have long been aware that we’re all gay. But if
    we’re all gay, what’s the point of having anti-straight hate crime laws?

  • http://www.facebook.com/people/Nicholas-Stix/721916225 Nicholas Stix

    dank48,

    Actually, I’m a writer. Katisumas has outed me as Robert, but these days I use the handle, “Nicholas Stix.”

    http://nicholasstixuncensored.blogspot.com/

  • gavrik

    I guess it is my old age showing:  having brought up my own children, and seeing the freshman classes “getting younger and younger” as I continue my work into year 66.  They are, to me, kids.  They are stupid.  It is the nature of being 18.  

  • Socratease2

    I am not sure what semantic game you are playing, trying to parse what is a discipline, what is a department and what is neither. Of course god did not ordain silos of information called anthropology and sociology and physics. They are categories. Sociologists do communication studies and communication scholars do sociology, it is all interdisciplinary in the end, so if that is your point, good for you, but you are sorely confused. Disciplines can’t not be interdiscplinary, that should be obvious. I don’t know hat faculty you hang around who would deny such things.Guess they are confused also.

  • Socratease2

    There may be a spectrum of sexuality but we certainly are not all gay, but if that is a comforting thought to you….but, since that is an absurd statement your question about hate crime laws is irrelevant.

  • Socratease2

    I don’t care what people think caused Clementi to jump off the bridge, that is irrelevant opinion, and even if that webcam incident may have contributed in some way (all conjecture, never to be established) to Clementi’s behavior…it does not matter. Do you understand how the legal system works? It was a trial on the charge of bias intimidation and tampering not on murder. You can’t enter a courtroom charged with theft an be convicted of arson. Anyway, no one cares what you say. “not gay, no siuicide, no case” is just your simplistic and uninformed opinion, so say it all day long, it has no meaning. What are you even arguing with me about, I don’t support a conviction in this case. Definitely, people are dumb all over.

  • 514montreal

    Look, this “choice” or “born that way” division is absurd.  Do Jews choose to be Jews, or are they born that way?  How about Christians or Hindus in, say, Pakistan?  What if they try to “convert” to the powerful group but are “found out” anyway, as Muslim “coversos” often were in Spain after the Christian reconquest?  Is discrimination against them acceptable if they didn’t try to convert (from homosexuality or Islam, or whatever), but unacceptable if they did?

    The problem in Nazi Germany and elsewhere was never the Jews; it was the people who found all kinds of reasons, including holy scripture and what they heard in the pulpit, to hate them.

  • PaulHalsall

    If you drive drunk and are pulled over, you incur a fairly minor penalty.

    If you drive drunk and kill someone, the penalty is much higher, even though the “intent” is the same.

    Thus, if you play a prank, and the effect is minor, you face no penalty; if you play a prank and someone then breaks a leg because of the prank, or has a heart attack, then you face a real penalty (including paying damages).

    And if you publically video another person’s erotic activity, and that person then kills himself, then of course you face a much higher penalty.

    We do not only punish for intentions and actions, but also for the effects.

  • livefreeordie2

    Of course. . .  But you seem to be giving short shrift to the fact that he indeed killed himself.  I don’t know what was argued in court, but it hardly seems likley that this single incident resulted in suicide.  Shouldn’t his parents, then also share in the blame?  Why not his high school chums?  Oh. . . and what blame does he share?  Or would you contend that, but for this single incident, he was a mentally and emotionally balanced young man with no problems at all. . .