Tag Archives: Title IX

Reitman vs. Ronell: Rethinking the Role of Gender and Patriarchy in Sexual Harassment Cases

7 Sep

By Nefertiti Takla

[NOTE: DEAR READERS – BULLYBLOGGERS HAS HOSTED A LONG SERIES OF ARTICLES ON “BAD SEX.” TITLE 9, AND SEXUAL HARASSMENT. WE DO SO NOT TO PARTICIPATE IN THE CURRENT POLARIZING STRUCTURE OF DEFENSE VS. CONDEMNATION BUT IN ORDER TO BROADEN THE CONVERSATION ABOUT #METOO, TITLE IX VIOLATIONS, THE EXPLOITATION OF GRADUATE STUDENT LABOR, THE SHIFTING CONDITIONS OF LABOR IN THE UNIVERSITY, PUBLIC INTELLECTUAL DISCOURSE, TENURE/TRACK STATUS AND ELITE PROFESSORIATES. 

WE REMIND READERS AND FOLLOWERS OF THIS BLOG THAT THE “BULLY” IN OUR NAME CAME FROM THE LATE José Muñoz’s BELOVED DOG, LADY BULLY. WE DO NOT CONDONE BULLYING, OR MOBBING. 

WE WELCOME YOU TO THE SITE AND ASK YOU TO READ THE ESSAYS HERE AS REPRESENTATIVE OF THE AUTHOR’S OPINIONS AND NOT NECESSARILY REPRESENTATIVE OF EVERYONE INVOLVED.] 

THE ESSAY PUBLISHED BELOW BY NEFERTITI TAKLA ORIGINALLY APPEARED ON HER OWN BLOG “FEMINIST INTERVENTIONS.” WE REPRINT IT WITH A FEW CHANGES WITH HER PERMISSION. 

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The recent Title IX lawsuit filed by Nimrod Reitman has brought to light existing debates in the feminist movement. In a patriarchal society, is sexual harassment simply an abuse of power that can be perpetrated equally by men and women, or is it a product of institutionalized sexism and violence against women? Should gender be ignored in cases where a woman is accused of sexual harassment by a man, or is gender always a signifier of power? (By woman and man, I am referring to the legal recognition conferred to either sex within a binary gender system in relation to the context of the law. I am not referring to social, cultural, and biological categories that are always shifting in extra-legal contexts.)

Historically, sexual harassment has been theorized as a form of patriarchal violence that is directed at women collectively because of their gender. As Abigail Saguy explains in her book, What is Sexual Harassment? From Capitol Hill to the Sorbonne, Title IX and Title VII were laws created to fight gender discrimination, not sexual harassment. In the 1970s, feminists fought to have sexual harassment legally recognized as a form of gender discrimination due to its role in reinforcing institutionalized sexism. Gender has therefore long been central to our understanding of sexual harassment as a social and structural problem that reproduces the collective disempowerment of a particular group in society. Reitman’s lawsuit and those who support it represent a new movement to redefine sexual harassment as a gender-blind abuse of power, which effectively dissociates the problem from the framework of institutionalized sexism and patriarchal violence against women.

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As someone who filed a Title IX lawsuit against my university in graduate school, I believe that every student – both male and female – has the right to an education free from unwanted sexual and romantic advances. However, as a feminist who believes that the academy is still a patriarchal structure that reproduces male superiority, I believe that Title IX should remain a law that protects women and non-conforming genders from sexual harassment and institutionalized sexism. What Reitman experienced should be theorized as abuse that stems from labor exploitation in the academy, not the structural sexism and sexual violence that stems from patriarchy. Reitman’s attempt to seek justice through a law that was created to fight sexism on campus has negative legal implications for the feminist movement because its success would mean that men can also be victims of gender discrimination perpetrated by women. It would also mean that gender is no longer relevant to our understanding of sexual harassment. Therefore, regardless of his intentions, his lawsuit paves the way for Title IX to be used by the backlash against the feminist movement.

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On one level, I feel a connection to what Reitman has experienced. As graduate students, we felt exploited and abused by our advisors, and we felt betrayed by our institutions and their failure to protect us from this abuse. Our advisors represented the power of the academy and its ability to exclude us and destroy our livelihood at a whim. The pressure to comply with an advisor’s wishes or else drop out are rising in a neoliberal academy that intentionally creates more cheap labor than it can employ. Graduate students’ anxiety about labor precarity leaves them increasingly desperate and vulnerable to their advisors’ demands. Most graduate students are doing whatever they can to remain in their advisor’s good graces, hoping that after they graduate, their professors will fight to keep them in the system. The threat of adjunctification has made the relationship between advisors and advisees increasingly coercive and exploitative, making consensual sex or romance nearly impossible.

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On some level, abuse has always been an integral part of the patronage system in the academy. Graduate students have long endured abuse and stayed quiet about it in order to secure a position after they graduate. In a patriarchal academy, male graduate students are not only less likely to be subjected to abuse, but can afford a higher tolerance for it because they know that in the end, when they have a position, they will assume a dominant role in the structure. But the longstanding patronage system of the academy is incompatible with its current neoliberal restructuring and its transformation of graduate students into a pool of disposable wage laborers. One could argue that neoliberalism is destroying academia’s feudal structure, giving way to a class system in which professors at top universities are seen as the elite of the academy (with their critique of the moralizing middle class and its “sexual paranoia”), professors at teaching institutions as the middle class (with their critique of the debauchery and corruption of the elite), and graduate students and adjuncts as the working class (with their growing resentment at their inability to make a living). The fact that graduate students are now willing to break their silence about the longstanding abuses of the patronage system suggests that this system can no longer sustain itself. What Ronell appeared to have promised Reitman was a patronage relationship that is becoming increasingly impossible in a neoliberal academy.

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The ultimate solution to this problem is not to identify and uproot “predators” who are exploiting core features of the system, but to restructure the system in a way that gives graduate students the power to say no to their advisors’ demands without fearing the loss of their livelihood. The system enables abuse, and we cannot create a fictional divide between abusers and non-abusers. Demanding that everyone self-police through sexual assault training – or police each other through mandatory reporting – does nothing to address the structural causes of the problem. What we need to do is to fundamentally change the system to halt the trend towards adjunctification and ensure graduate students funding and employment both during and after their studies.

Although Reitman experienced an abuse of power, his experiences do not represent the structural sexism that the feminist movement has long been fighting. When I filed a Title IX lawsuit against my university in June 2015, my goal was to contribute to both the graduate student struggle against labor exploitation as well as the struggle of women against sexism in the academy. My decision to file the lawsuit came at the end of a fruitless, two-year battle to hold my former advisor accountable for sexual harassment. His sexual harassment was not a one-time offense but rather part of a longstanding pattern of sexism directed at female students and professors in general. When I first started working with him as a graduate student, he told me that he believed women only came to graduate school to marry their professors. He would comment on the looks of every single female professor we ever read in his class. Other witnesses noted that he would talk about buying underwear for his girlfriend in TA meetings. His sexual harassment of me and of other female students and professors cannot be divorced from his sexism. He believed he was entitled to our bodies, and no matter how often we said no, he continued to make sexual advances. His behavior was therefore central to the reproduction of structural sexism in the academy.

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The way in which my university handled my case normalized this male professor’s violation of female bodies. In response to the Title IX report that I filed with my university in June 2013, my former advisor received a “slap on the wrist” that resulted in no harm to his career. During its nine-month investigation, the university found that two other women in my department had also been harassed by this professor, yet their reports made no difference to the case. Instead of issuing a finding of sexual harassment, the university settled with the professor, allowing him to keep the case confidential and avoid any official mark on his record. This normalization of my former advisor’s behavior was a manifestation of structural violence against women. By protecting his career and reputation, my university left me and other women vulnerable to further harassment and retaliation.

431957_1This protection of men over women is one of the hallmarks of patriarchy. NYU did not attempt to protect Avital Ronell in the way that UCLA attempted to protect Gabriel Piterberg. Ronell was not given the opportunity to negotiate a secret settlement with NYU to protect her career and reputation. She did not take a leave of absence or resign as other male professors like Colin McGinn and Peter Ludlow did when they were accused of sexual harassment. She was immediately stripped of resources and status, and the media has been merciless in ways that we did not see in the Piterberg or Ludlow cases. Patriarchal structures shield men from the law while making sure that it comes crashing down on women. Patriarchy insists that the law must be gender blind, when in reality it is not.

The ultimate irony of this case is that the law that came crashing down on Ronell is a law that was designed to protect women from gender discrimination. Yet gender discrimination is central to the adjudication of legal cases regardless of whether the woman is a victim or a perpetrator. While NYU saw Ronell’s behavior as sufficiently abnormal to warrant discussions of her termination after the first offense, UCLA reached yet another settlement with Piterberg five years after I came forward, in response to another student’s Title IX report. Although this final settlement terminated his employment with the university, it is unclear how much money he received in exchange. The difference between these cases makes it clear that patriarchal structures normalize violations of women’s bodies until we speak out in collective anger. It takes a multitude of women to get some semblance of justice, while all it takes is an individual man. In a patriarchal society, the law cannot be gender blind. Insisting that it be so will only reinforce patriarchy.

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THE FULL CATASTROPHE

18 Aug

by Lisa Duggan

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Sex is never a good idea. It is a mess. It is the scene of desire and fantasy, of power and abjection, of domination and mutuality. Sometimes all at once. It is a bad idea we pursue, avoid, rejoice and despair over. As #MeToo has gathered momentum, the social processes it deploys are also a mess. It is one part feminist social justice movement–calling the powerful (overwhelmingly men) to account for using sex as a tactic of dominion. And it is one part neoliberal publicity stunt. Why call it neoliberal? Because the accusations are focused through the press primarily on bad individuals, rather than structures of power, and because the mode of accountability is primarily corporate investigation and firing, and banning from the means of publicity (a Netflix contract, a TV appearance). This is not social justice feminism. It is rather a shift from neoliberal carceral feminism (beefing up the criminal justice system to “protect” women), to the privatization of feminism (a reliance on corporate boards to dole out consequences).

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The university is a particular kind of corporation. Even public universities now rely more heavily on tuition and private funding than on state support. But the state still has a heavy hand in university operations, via the distribution of federal funds. In the university, federally mandated procedures under Title IX govern procedures for adjudicating sexual harassment complaints. These mix with each university’s own procedures, outlined in faculty handbooks. The processes of investigation and punishment are wildly uneven, depending on the mix of procedures and the individual administrators charged with carrying them out. But the rule overall is confidentiality—those who accuse and those who are accused, and all university personnel, are bound to keep mum. The particular parameters of that requirement vary from school to school.

static1.squarespaceThe confidentiality requirements are supposedly designed to protect less powerful accusers, primarily students, from retribution from powerful faculty. But in practice they don’t really work that way. Accusers are often kept in the dark about any actions taken, or not taken, against the accused. The institutions frequently protect the accused. But we can’t know the facts, because confidentiality keeps us from collecting representative stories. In the end, confidentiality protects the institutions. Liability lawyers review cases to that end, not in pursuit of justice. We are unable to hold institutions accountable, which is the point. Corporations in general always like to impose confidentiality through non-disclosure agreements and other means to protect their interests. University confidentiality requirements should be viewed along those lines..

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I have been collecting cases of queer faculty accused of sexual harassment. My hypothesis is that queers are disproportionately charged, often by homophobic or sexually confused students, sometimes by queer students whose demands for “special” treatment are disappointed. I do think that queer faculty can be guilty, and should be held accountable! But the stories I’ve collected so far do suggest that many cases involve fantasies, projections, or revenge. Because queers are hypersexualized in the public imagination, they are targets for sexual accusations. For example, a queer femme accused of being seductive, for wearing skirts and speaking in a “throaty voice” in class. A trans man accused of inappropriate advances toward a colleague, not a student and not at the same institution. A faculty member charged for the content of a queer studies class. It is remarkable as well that the majority of cases in my small but growing collection involve faculty of color, particularly black faculty. But my cases have to be anonymous, because of the confidentiality requirement. I cannot assess how common or typical these kinds of cases are, or whether particular institutions are hot spots for them.

In a case involving black faculty accused by a black student, the administrative decision-making was focused on queer African American practices of mentorship. Black queer faculty and allies around the country were solicited to write letters to explain black queer practices of sociality to administrators. The informal networks and close relations that constitute “queer kinship” across status lines, and that have been crucial to black queer advancement in the university, could be regarded as violations of proper faculty/student boundaries. As Marcia Ochoa explained recently on Facebook:

“[There] is a change due to the institutional enfranchisement of marginalized communities that previously had to operate in coded ways. Our interpersonal modes of mentoring have not caught up with the institutional positions of power we are now in, and this has really happened within one “generation” of graduate students. Entering grad students are coming in with heavy expectations of solidarity (and a presumption that solidarity = unconditional and unqualified support), while institutional contexts are no longer allowing the kinds of informal networks many of us relied on to get through grad school.”

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This is the kind of clash of contexts that haunts the Title IX case and lawsuit against NYU professor Avital Ronell. Initially, Ronell was utterly handicapped by the confidentiality requirement. When NYU determined her not responsible for many of the charges against her, but responsible for sexual harassment via email and for nonsexual contact, they initially announced a decision to revoke her tenure and terminate her. She could not solicit support. When prominent academics organized a letter about her case (they were not solicited to do so by Ronell), they could not admit any knowledge that they had of the circumstances (through their networks, not via Ronell). The elitism of that letter, as objectionable as it truly is, was a hastily concocted weapon to persuade NYU to back up from a draconian penalty out of all proportion to the charges sustained. NYU administrators would understand and respond to power and status. The draconian penalty they at first considered was likely adopted to avoid a threatened lawsuit from the accuser (whose husband Noam Andrews is a member of a wealthy New York real estate family, presumably well able to fund lawsuits). The letter put them on notice that confidentiality would not fully cloak their actions. Caught between money and academic prominence, NYU backed down and put Ronell on a year’s unpaid leave instead.

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Then accuser Nimrod Reitman, a former graduate student no longer bound by NYU policies and disciplinary procedures, leaked documents to the New York Times. Initially Ronell had to seek permission from NYU to rebut specific claims through her lawyer. Then the media avalanche, based on the leaked documents, led to the lifting of the ban, allowing her to finally speak. What we see emerging is the full catastrophe, a huge mess, a clash of cultures, and issues of power and boundaries in academia.

Setting aside for the moment the question of truth, of whose version of events is more accurate, the case raises four important general questions:

1) The email exchange, dribbling out in excerpts via the New York Times article, Ronell’s press release and Reitman’s legal complaint, shows a two-sided correspondence of endearments, affection, and fond memories of shared intimacies. Even if these exchanges were fully consensual, and no indication of sexual contact, they raise the question of boundaries in advisor/student relationships. Can the tremendous power of the advisor ever be compatible with this kind of expression? If not, where is the line? This is a general question that commonly plagues academics.

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2) The nature of the email exchange resonates with many queer academics, whose practices of queer intimacy are often baffling to outsiders. A queer woman and a gay man in a romantic relationship? Romantic language that does not signify sexual desire? Forms of intimacy well outside the parameters of heterosexual (and, homosexual) courtship and marriage are commonplace among queers who not clearly separate friendship and romance, partnership and romantic friendship. The correspondence between Ronell and Reitman, full of literary allusions as well, can be read literally as an indicator of a sexual relationship. This is a culture clash. (Though that is not to say the correspondence is not “problematic” as we academics like to say, see (1) above, and it does not establish that there was not a sexual relationship either.)

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3) The selective demonization of queer and women faculty is very clear in this case. Not only was Ronell treated more harshly than many men accused of far worse infractions, but the personal attacks and demonization of her on social media is breathtaking. Accused male faculty rarely meet this fate, and when they do the cases generally involve multiple victims and physical assault. This is misogyny, of the variety pervasive on the internet. Misogyny is rife even among the queers and feminists posting personal attacks—they do not do this to similarly accused male faculty.

4) Critiques of the academic letter of support for Ronell have centered on feminist hypocrisy and double standards—the claim is that the signers are defending a feminist comrade, but they attack men under similar circumstances. This charge is rooted in gross ignorance about contemporary feminism. There are many strains out there—some all in for the #MeToo privatization, some are devoted to denunciation on social media and trial by publicity. But there are socialist feminists who analyze structures of power that condition harassment and who think seriously about institutions and due process, and sex radicals who point to a history of sex panics that contributes to the public mood. Some of the feminists who signed the letter (and the signers are not all feminists) represent a strain of academic feminism that has been critical of secret Title IX tribunals and #MeToo trial by publicity all along, not just when a feminist is accused. The letter does not represent hypocrisy. It is a reflection of division and difference among feminists on the issues of sexual harassment. We all oppose it! But we don’t all agree about how to identiy and confront it.

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We don’t need to know “what really happened” to confront these issues. Reitman says Ronell physically sexually assaulted him. NYU found her responsible only for harassment through email, and inappropriate non-sexual contact. Reitman wants us to take the email literally, as evidence of sexual desire and conduct. Ronell understands it as coded, not literally about sex. But why is sex the central factor anyway? The central issue is whether there were boundary violations that could be considered harmful. Advisor intrusions do not need to be sexual to be a problem. That is a broader issue. If we focus on this one case, these details, this accuser and accused, we will miss the opportunity to think about the structural issues. If we are social justice feminists and not neoliberals, we care about the broad structures of power, and not individual bad apples case by case. Perhaps we should begin to think about a restorative justice process that would center in departments, be transparent, hold faculty responsible, and assess the question of boundaries in local context? Perhaps impose confidentiality as the exception, not the rule—to be invoked when a need is demonstrated.

In this environment, I’m not holding my breath.