By David French
Monday, April 29, 2019
Last Thursday, the NAACP suspended its Saint Louis County
chapter president, a man by the name of John Gaskin. He was accused of two
offenses. The second was a conflict-of-interest allegation that doesn’t concern
us, but the first offense should. The NAACP actually suspended a chapter
president in part for supporting greater due process for black men accused of
sexual misconduct on campus. They suspended him for supporting civil liberties.
The background is relatively simple. The Missouri state
legislature has been debating a campus-due-process bill that, among other
things, would allow students accused of sexual assault to retain an attorney,
learn of the charges against them, and cross-examine the accusers.
Interestingly, it would deal with the persistent campus problem of amateur
adjudicators by “borrow[ing] judges from the existing administrative court
system to hear appeals.”
The Kansas City
Star claimed that the proposed law “would give the accused more power than
any other state.” If true, that’s a sad commentary on other states. And local
activists opposed the law not only on the grounds that cross-examination (one
of the essential elements of due process in American jurisprudence)
“re-victimizes survivors” but also because the other elements (again, mainly
representing basic elements of due process found in all civil and criminal
courts) are — in the words of Wendy Davis, director of the Women and Children’s
Advocacy Project in Boston — “designed to message females that, especially in
the context of education, you’re supposed to be raped and be quiet.” Why?
Because due process means “there’s no upside” to reporting. “It’s all burdens,
hurdles, punishment, stigma, suffering.”
This of course assumes that the person reporting is
actually a survivor, something we need due process to fairly demonstrate.
Gaskin stepped in to note that the “the denial of due
process at Missouri’s colleges disproportionately impacts African-American
men.” And the best available evidence indicates that he’s correct. As Emily
Yoffe noted in an indispensable
2017 essay in The Atlantic, there
is rising alarm that the Obama-administration-mandated changes in Title IX
adjudication meant that increasing numbers of black men are facing false
accusations, with a decreasing number of legal tools available to defend
against them.
The federal government has been inexcusably lax in
gathering statistics measuring the real-world effect of its legal mandates, but
the anecdotal evidence is alarming. Yoffe points to the example of Colgate
University. In the 2013–14 academic year, black students were 4.2 percent of
the population, but “black male students were accused of 50 percent of the
sexual violations reported to the university, and they made up 40 percent of the
students formally adjudicated.” Across three academic years, “black students
were accused of 25 percent of the sexual misconduct reported to the university,
and made up 21 percent of the students referred for formal hearings.”
Harvard Law professor Jeannie Suk Gerson, one of the
nation’s foremost experts on Title IX adjudications, has reported that the
administrators and faculty members who work on campus sexual-assault cases say
that “most of the complaints are against minorities.”
Moreover, the modern attack on campus due process means
that black men are facing an old problem. Yoffe quotes another Harvard
professor, Janet Halley, who accurately notes that “American racial history is
laced with vendetta-like scandals in which black men are accused of sexually
assaulting white women,” followed eventually by the revelation “that the
accused men were not wrongdoers at all.”
But don’t tell that to the NAACP’s national leadership.
Gaskin’s position conflicts with the “NAACP’s January 2019 opposition to
proposed rule changes at the federal level that would have largely the same
effects as the proposed Missouri legislation,” as NAACP national president
Derrick Johnson wrote in the suspension letter he sent to Gaskin on Thursday.
The NAACP is opposed to the Trump administration’s efforts to enhance campus
due process, so it is opposed to state-level efforts to accomplish the same
goal.
While the NAACP is free to adopt the positions that it
wants to adopt — and to force its chapter leaders to toe the company line — its
position is absurd and self-defeating. The NAACP’s Saint Louis County chapter
president is right. Its national leadership is wrong. Who has suffered more
from rigged tribunals and kangaroo courts than African Americans?
As Scott Greenfield writes in his Simple Justice
criminal-defense blog, “there is a price to be paid for creating and
maintaining alliances.” The NAACP is in lockstep with much of the Left in
opposing due-process reform. It’s being a good ally, and it’s framing its
support as a simple defense of Title IX, a key civil-rights statute. But
nothing about Title IX mandates depriving young men of their civil liberties.
And when there are acute dangers for black men — especially when those dangers
bring up the ghosts of past injustices — the NAACP should think twice before it
elevates the ideological imperatives of modern feminism over the immediate and
direct consequences to a core constituency.
Of course the NAACP should be just as concerned about the
plight of black women on campus as it is the plight of black men, but there’s
an ancient method of squaring that circle. Due process gives an accuser the
ability to state her case and the accused the right to effectively defend
himself. And if any American organization should stand for due process, it’s
the NAACP. The NAACP should change its position. Without civil liberties on
campus, all too many black men will lose their civil rights.
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