Well-intentioned yet badly implemented ideas are often worse than the status quo. Such may be the case with Speak Up!, the Dean of Students discriminatory harassment reporting system.
According to the dean’s web site, Speak Up! “responds to student reports or complaints of discriminatory harassment based on race, gender, sexual orientation, ability, age, religion, creed or country of origin.”
On its face, there is not much to dislike. We strongly oppose harassment and assume all of our readers do as well. Moreover, we believe it is essential there be a means of reporting and dealing with harassment.
But as the saying goes, “the devil is in the details,” and Speak Up! is no different–to be precise, there are no details and that is the problem.
First, what is harassment? The Speak Up! web site gives no clues, nor does the recorded voice message that greets every call to the hotline. A definition of sexual harassment is reasonably accessible, but definitions for all other types of harassment are murky at best. For Speak Up! to be both an effective and constitutional program, it is essential the dean of students provide a clear and easily accessible definition of harassment that respects the First Amendment.
Second, what happens to those accused? The Dean of Students office seems to believe they can take disciplinary action, but it is unclear what the standards and processes are. Conversations with those in charge of the program have revealed some semblance of due process and the right to face your accuser, but such details need to be made clear from the outset. Due process depends on transparency and pre-established guidelines. The latter may be the case; the former is certainly lacking.
Third, is anonymity allowed? The recorded message on the Speak Up! hotline suggests this is the case, requesting a name and number only “if you feel comfortable doing so.” This is unacceptable. Harassment complaints are serious matters, capable of ruining careers and reputations–even if proven false. It is essential that allegations of such action be accompanied by a name willing to bear that responsibility–the alternative could cause a witch-hunt mentality and a chilling effect incompatible with intellectual freedom. The Speak Up! program must make clear that anonymous allegations are not allegations at all.
Fourth, what happens to the complaints themselves? This is the question that has propelled Speak Up! into the news, as ASM recently made an open-records request for all of the complaints received under the program. Speak Up! should make clear that every complaint is subject to such a request and ASM should take care to not present the unconfirmed reports as fact.
Speak Up! is well-intentioned, but its execution potentially does more harm than good. Harassment is a serious issue. It demands serious standards that should be implemented immediately.