In a long article about controversies about rape at Swarthmore College, Simon van Zuylen-Wood writes,
The second central remnant of the school’s Quaker legacy — the “peaceful resolution of conflicts” — resides not in the student body, but in the administration. “From the very smallest scale to the largest scale, the college does have a long history of finding a way through that won’t leave half the people in any room feeling like they lost,” says Swarthmore history professor Tim Burke. “It means, for one, we tend to defer difficult decisions.”
My remarks.
1. I do not think that the Quaker tradition has anything to do with it. The passivity of college administrators is everywhere. They are passive when it comes to alcohol abuse. (I wish I had saved the email sent to parents by the President of Muhlenberg several years ago, with its helpless hand-wringing over the fact that more than a dozen students had been hospitalized with alcohol poisoning during the first semester. I wrote back saying that I could make a few suggestions to the admission office that would probably suffice to solve the problem.) They are passive when it comes to students exercising a heckler’s veto of speakers. They are passive when it comes to anti-semitism.
2. The article made me wonder how there came to be an overlap between “casual sex about which I felt ambivalent” and “rape.” It seems to me that one ought to be able to draw a reasonably clear line between the two.
3. Colleges seem to want to be separate jurisdictions in which ordinary laws do not apply. They do not want their students to be arrested and prosecuted for vandalism, violations of drug laws, or rape. Instead, they prefer their own judicial processes.
4. How does this issue play out along the three axes? Suppose that along the oppressor-oppressed axis you think women are oppressed with regard to sex. In that case, it might seem reasonable to believe that women are entitled to casual sex and also to later claim that casual sex about which they felt ambivalent was rape. Along the freedom vs. coercion axis, I think you would support colleges that want to apply their own laws and judicial processes, and let students and parents choose colleges knowing what the rules are.
But it turns out that my views on the issue are more along the civilization vs. barbarism axis.
–I think that what is missing from college is the concept of punishment. I think you have to decide whether students are adults or children, and punish accordingly. If you treat students as adults, then you put them through the legal system. If you treat them as children, then you limit their privileges.
–If students are exempt from adult law enforcement, then colleges should reinstate what used to be called “parietal rules.” No sex, no drinking, no drugs. On the other hand, if students are adults, then they ought to face adult consequences.
–If I were a school administrator, I would put students into the “adult” category, and I would tell students and parents to expect that treatment. I would only have a campus judicial process for academic issues, not for issues involving alcohol or sex. That means allowing local police to patrol campus and enforce laws. If drunk students are arrested for disorderly conduct and vandalism, so be it. If students face the same risk of drug prosecution that someone faces off campus, so be it. If they can be charged with rape and convicted in court, so be it. I certainly would not discourage victims from pressing charges. On that note, Heather MacDonald writes,
But the main reason “survivors” don’t demand to bring their cases to criminal court is that they know that what they have experienced is something far more complex and compromised than criminal sexual assault, almost invariably involving mixed signals, ambiguity, and a large degree of voluntary behavior on their part.
That is certainly the impression that I took away from the Swarthmore article. If I were an administrator, I would not try to set up the college as the official arbiter of such cases.
–When a sexual advance becomes too persistent or aggressive, I would encourage the victim to be very assertive, to the point of screaming “rape” rather than giving in. You are entitled to your body and your personal space, and that deserves priority over protecting the other person’s feelings.
–Colleges go out of their way to make condoms available (e.g., resident assistants must keep them in a candy jar for students to be able to access) and to ensure that students know how to use them. I would say do the same thing with rape whistles.
UPDATE: Megan McArdle has similar thoughts:
If students are adults, and the college is not supposed to be in charge of their sex lives, then the correct place to adjudicate sexual crimes is in the courts, not the campus judiciary system.