Miller announces DKE suspension

UPDATED 10:04 p.m. In an email to students and faculty Tuesday afternoon, Yale College Dean Mary Miller informed the University community about the Executive Committee’s actions concerning the controversial Delta Kappa Epsilon pledge incident Oct. 13. After a full proceeding, Miller said, the Committee found that the Yale DKE chapter had violated the Undergraduate Regulations by threatening and intimidating others that night, when pledges were instructed to chanted phrases such as “No means yes, yes means anal” on Old Campus. The Committee also found several DKE brothers had breached the same regulations, resulting in individual penalties.

“Although it is unusual to send a memorandum regarding a particular Executive Committee decision to the Yale community, a wide range of community members have been affected by this incident,” Miller said in the email. “As a result, I have decided to share the Committee’s decisions regarding this case.”

Although Miller revealed that the Committee issued individual sanctions to fraternity members, federal and University privacy policies prevented her from communicating further details about these disciplinary actions, she said. But Miller did disclose that the Committee imposed penalties on the Yale DKE chapter — despite its status as an unregistered student organization — that prevent it from recruiting new members or holding any events on campus for five years. The sanctions also limit the group’s ability to communicate with the student body and use the Yale name in connection with DKE.

In a separate e-mail to the News, Miller decline to further comment on the matter.

The Committee has formally asked that the fraternity’s national organization suspend the chapter for five years. After the Old Campus incident, DKE’s national organization promptly directed the Yale chapter to stop all pledge activities, including the initiation of new members. But the ban was lifted in early November, less than one month after it was imposed.

If, after five years, the fraternity has adhered to these measures and registers as an undergraduate organization, the Committee suggests that the Yale College Dean’s Office lift the penalties.

Although the national organization has yet to receive a formal request for suspension from the University, Executive Director of DKE International Douglas Lanpher said the measures detailed in Miller’s e-mail to the Yale community were “excessive” and that the fraternity’s headquarters would want to appeal the decision if possible.

“I think we’ve addressed the situation internally,” Lanpher said. “We believe that corrective action has already been taken, but we would still like to be good partners [with the University].”

Miller’s decision to reveal the disciplinary measures taken against DKE surprised Lanpher, he said, after Yale officials had assured him that the matter would remain confidential. Lanpher said that Yale’s call for suspension was “ironic” given the fact that the University does not officially recognize Greek organizations. Still, he added, the national organization expects to work with Yale administrators to find an “appropriate solution.”

Jordan Forney ’11, then-president of the Yale DKE chapter, declined to comment on the new sanctions.

The DKE incident sparked a year-long debate on campus about Yale’s sexual climate and the University’s response to instances of sexual misconduct. Deeming the fraternity’s antics as the “last straw” in a long chain of public incidents, a group of 16 students and alumni filed a complaint with the Department of Education’s Office for Civil Rights, claiming that Yale violated Title IX regulations — a federal law that prohibits gender discrimination in schools that receive federal funding — by allowing a hostile sexual environment to persist on campus. On Mar. 31, the complainants announced that the OCR had officially opened an investigation into the University’s policies on sexual harassment.

While it remains unclear what Yale’s new restrictions will mean for DKE since it is an unregistered organization, complainant Alexandra Brodsky ’12 said, Miller’s e-mail showed that the administration could be more transparent about its disciplinary proceedings.

“If the suspension does create a serious disturbance to the fraternity’s activities, then a message will be sent that sexual harassment will not be tolerated on this campus,” she said.

The decision also marked a departure from the administration’s usual response to incidents of sexual misconduct, she said, adding that she was pleased to see Yale officials adopt this new approach.

She declined to speculate on whether the Title IX investigation had influenced Miller’s disclosure of the ExComm decision.

Read the full text of the letter below.

I write to inform you of the Executive Committee’s actions concerning the October 2010 DKE (Delta Kappa Epsilon fraternity) incident. Although it is unusual to send a memorandum regarding a particular Executive Committee decision to the Yale community, a wide range of community members have been affected by this incident. As a result, I have decided to share the Committee’s decisions regarding this case. It is my hope that this will not only shed some light on a matter of public concern but also provide notice of the outcomes to all those who may have been affected by sexual harassment and, accordingly, educate our community. I further hope that this information may help prevent future incidents of this kind.

Let me remind you first of the process by which the Executive Committee reaches a decision. The Committee must receive a specific complaint to initiate proceedings. In this instance, Marichal Gentry, Dean of Student Affairs, brought official allegations of “sexual harassment” and “imperiling the integrity and values of the University community.” The Committee then pursued those charges. The Fact Finder for the Committee interviewed a number of individuals with knowledge of the incident, including both those who had been charged and witnesses; he then submitted a report to the Committee. The Committee carefully considered all of the attested facts and circumstances in this incident.

After a full hearing, the Committee found that the DKE chapter, as an organization, one comprised of Yale students, had threatened and intimidated others, in violation of the Undergraduate Regulations of Yale College as they pertain to “harassment, coercion or intimidation” and “imperiling the integrity and values of the University community.” The Executive Committee further found several fraternity members had also, as individuals, violated the same regulations.

The Committee issued penalties to individual fraternity members. Because of confidentiality restrictions imposed by federal privacy law and by Yale’s own policies, I cannot provide further detail about charges or decisions with regard to individuals in this email.

I can report that the Committee imposed sanctions on the DKE chapter as an organization that prohibit it from conducting any fraternity activities on campus (including recruiting) for a period of five years, prevent it from communicating with Yale students by means of Yale bulletin boards or Yale email, and severely limit its use of the Yale name in connection with the DKE organization. The Committee also has also formally requested that the DKE national organization suspend the chapter for five years. If, after five years, the DKE chapter has observed all restrictions and agrees to pursue registration as an undergraduate organization, the Committee recommends that the Yale College Dean’s Office lift these sanctions.

Every member of our community has a legal and moral right to an educational environment free from harassment and intimidation. I would like to thank the members of the Executive Committee for their diligent efforts in enforcing the Yale University Undergraduate Regulations.

Comments

  • CX

    Maybe it was deserved, but I can’t help but feel this was mostly about politics and the Title IX suit.

  • Jaymin

    Wow. This sounds like some serious stuff – Title IX seems to have really spooked the administration. If anyone has additional information, I was wondering what a 5 year ban on campus recruitment entailed. Does it mean DKE simply must keep its pledging activities within its House, or is it physically forbidden from recruiting at all?

  • nddude1

    when will mary miller sanction the yale pundits for ACTUALLY sexually assaulting someone at their tap party? Oh wait, she’s too busy policing a bunch of idiots yelling on their own campus. Glad to see Yale is more than willing to give in to pressure from the women’s center (a member of which participated in the sexual assault). Also love how yale kicked all the greek organizations off campus (and stole their buildings), but now wants to have any say in regulating them. the administration is so full of crap i can’t even believe it. if they come after my frat, they’re gonna get a lot more resistance than the dke guys put up.

  • AnotherYaleMom

    This letter exemplifies why Dean Miller has no credibility with me. On May 17, 2011 she states “The Committee also has also formally requested that the DKE national organization suspend the chapter for five years”. As noted in the article and in the YDN on Dec 8, 2010l, the ban by the national organization was lifted in November. Exactly what is the purpose of including a request which was clearly rejected?

  • The Anti-Yale

    With Dominique Strauss-Kahn in jail on Rikers Island, I’d say somebody’s getting serious about allegations of sexual assault, not only at Yale but off campus too.

  • HighStreet2010

    Not really sure how they can stop recruitment from occurring, other than preventing a table from being set up at the activities fair. Parties/activities obviously occur off-campus in their (soon-to-be) multi-million dollar house(s?). Also, the odds of DKE suspending their founding chapter (which survived even through the era when Yale kicked all fraternities off campus) over a song seem rather low. Even in that case, Zeta doesn’t have a charter at the moment and still exists as much as it ever did. As to email – is it “allowed” for Toad’s to spam all of Yale with party invites every week? Does it happen?

    What will actually change on campus is very much up in the air – but the conclusion that you can get your entire hundred+ year-old organization suspended for making the wrong jeer in the wrong place is concrete. I’m not sad for DKE – they’ve been burning karma for a while now in my opinion – but the precedent is distressing.

    As to the women’s center – it’s hard to not feel intimidated by them at this point. If I was still on campus, I would be trying to avoid them as much as possible, hoping they didn’t come set up on the steps of my house. But I guess that’s the way they felt when Zeta took a picture outside their door, and the way they want fraternity men to feel now.

  • bt

    @ AnotherYaleMom’s: you ask “Exactly what is the purpose of including a request which was clearly rejected?”. The purpose is at least in part this: it makes clear(er) that Yale is serious about not tolerating certain forms of sexual misconduct and harassment on campus. If DKE chooses to ignore or reject Yale’s request, so be it. But I think the PURPOSE of the request should be clear. (Unless you think that a request can have a purpose only if it will be honored. I disagree with that.)

  • Skeptic

    Let’s be clear: this action was taken by the Yale College Executive Committee (made up of students and faculty, with only one Dean’s representative) not by Dean Mary Miller. In my experience with this committee, the student members are usually the “toughest” on their own peers. Yale operates under its regulations, which are quite limited with respect to what kinds of “punishments” can be imposed. Basically, the only form of punishment at the disposal of the University is separation from the community.. e.g., loss of access, in one way or another.

  • AnotherYaleMom

    @bt
    I agree with you, the fact that Yale asked the chapter be suspended was an appropriate action. Do you not think that is was relevant that the national chapter declined? Doesn’t that come under “full disclosure?”

  • Boogs

    It will be interesting to hear what all the DKE alumni coming in for the Yale College reunions will have to say about this. There isn’t much common sense in the entire episode, but one side has an excuse: it consists of drunken frat boys.

  • MsMoneypenny

    I remember a few vocal chants and tasteless tapping activities from when I was at Yale in the ’80s but I’m a big girl and I ignored it.

    I honestly found the Women’s Center just as intolerable.

  • tonykez

    It sounds like there is a new leadership opportunity available; Yale Dean of Undergraduate Studies! Please send your CV to the Executive Committee.

  • townieexprof

    The behavior of the chant for the pledges to sing what they sang, on instructions from the chapter, is beyond stupid. I am recalling comments here on YDN when the story broke seemed to affirm that the chant was simply stating what college men seem to actually believe to be “true”: that no means yes etc etc.
    Actually not. No does actually mean no. If this was a joke, to poke fun at the mantra of “no means no” it didnt work. Not funny. Its not funny to make fun of rape.

    As the father of a university student, a woman, I say this behavior and mind set is intolerable–I say this as a DKE–if college boys think they can do this openly and publicly, the attitude and mind set it creates speaks for itself. TO wit, the head of the IMF, to choose a timely example.

    The national DKE has no choice but to resist. They have so many lawsuits over hazing, harassment, liability for alcohol overdoses, deaths, etc etc that their legal strategy has shifted to fighting everyone one of these and not settling. Also the financial issues in the insurance world since the economic collapse of 2008 means that the liability insurers of these organizations (fraternities) that are ever challenged to justify their existence, are less likely to spend money paying out hush money.

    Anyone who actually took the pledge, and recalls the values one affirms when joining DKE knows the real solution to this problem. This chapter is a problem, a cancre of an institution and is riding on faded laurels. TIme to go Zeta, you embarass us.

  • tonykez

    This was my comment last October:

    “Yale admission office needs to reevaluate its admission requirement. Diversity is important, however, character, sound judgment, maturity, and moral values are crucial to Yale institution. The only way to resolve this issue is to expel the students who orchestrated this barbaric act of crime. I do have a son attending Yale, and as a father, I would withdraw him from any college, if he would have acted in this manner. This is not acceptable.

    Posted by tonykez on October 18, 2010 at 1:06 p.m.”

    It sounds like there is a new leadership opportunity available; Yale Dean of Undergraduate Studies! Please send your CV to the Executive Committee.

  • KDLister

    As a former fraternity member, I certainly participated in some tasteless stupidity. But this is Malevolence. Any individual or organization should be expelled for such potentially injurious behavior. I guarantee that would have been the outcome at my college. I’m fairly certain that if this were an unaffiliated group of students they would have been expelled. If the university hasn’t had the vision to impart any sexual harassment/rape education, that might be partially to blame. But really, once the student is marching around recommending rape, I think he is beyond redemption. Certainly it is a huge liability to the university to have these at-risk individual on campus.

  • cyalie

    Yale would be better without frats AND without the Women’s Center. They both propagate extreme viewpoints and behavior (albeit on opposite ends of the spectrum) and neither one represents the majority of Yale students. Neither one contributes positively to our community, in my opinion.

  • cc

    @nddude1, @HighStreet2010, @MsMoneypenny, you do know that the Title IX complaint had nothing to do with the Women’s Center, right? That it was actually a complaint signed by both women and men unaffiliated with the WC who independently arrived at the conclusion that something is not entirely right with campus culture?

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  • Freedom

    I find these events disturbing from all sides. The boys at DKE should be ashamed for behavior that is clearly unbecoming, unprofessional, and a stain on Yale’s reputation.

    That said, it is equally disturbing that Mary Miller and others have reacted they way they have. As politically incorrect as it may be to defend the frat, I do not see how what they did can be constituted as intimidation or sexual harassment (at least I have not read that they either physically or verbally accosted any one individual in particular).

    As despicable as their message was, Yale needs to understand that under the Constitution we have the right to assembly, peaceful demonstrations, and the freedom of speech. Perhaps they are demonstrating against the women’s center or perhaps, and most likely, they are simply expressing “satire”.

    Whatever the actual text or message of a “chant”, if DKE frat kids are assembling and are peaceful, then they can say whatever they want (with some limitations, like treason or yelling “fire” in a crowded theater). To claim that such behavior is “sexual harassment”, marginalizes what sexual harassment is and does a disservice to everyone.

    Yale, DKE, WC and Miller need to all grow up.

  • nddude1

    @cc You are correct in saying the women’s center isn’t officially involved, most of the complainants are members currently, or were during their time as undergraduates. The only reason the women’s center couldn’t officially join the suit is that they are an extension of yale college and not just a student undergraduate organization. Students run it, for the most part, but it is part of the university. An entity can’t sue itself, so they couldn’t join although the girls i know in the WC all wish they could have.

  • grumpyalum

    “As despicable as their message was, Yale needs to understand that under the Constitution we have the right to assembly, peaceful demonstrations, and the freedom of speech. Perhaps they are demonstrating against the women’s center or perhaps, and most likely, they are simply expressing “satire”.”

    And nobody arrested them or sent a police force against them.

    Free speech advocates forget that just because it’s free speech, doesn’t mean its free from consequences. If Yale decides that it disapproves that speech, it is certainly within its right to keep off its property and off the use of its resources.

  • notsofreespeech

    http://yalecollege.yale.edu/content/free-expression-peaceful-dissent-and-demonstrations

    “In addition to the university’s primary obligation to protect free expression there are also ethical responsibilities assumed by each member of the university community, along with the right to enjoy free expression. Though these are much more difficult to state clearly, they are of great importance. If freedom of expression is to serve its purpose and thus the purpose of the university, it should seek to enhance understanding. Shock, hurt, and anger are not consequences to be weighed lightly. No member of the community with a decent respect for others should use, or encourage others to use, slurs and epithets intended to discredit another’s race, ethnic group, religion, or sex. It may sometimes be necessary in a university for civility and mutual respect to be superseded by the need to guarantee free expression. The values superseded are nevertheless important, and every member of the university community should consider them in exercising the fundamental right to free expression.

    We have considered the opposing argument that behavior which violates these social and ethical considerations should be made subject to formal sanctions, and the argument that such behavior entitles others to prevent speech they might regard as offensive. Our conviction that the central purpose of the university is to foster the free access of knowledge compels us to reject both of these arguments. They assert a right to prevent free expression. They rest upon the assumption that speech can be suppressed by anyone who deems it false or offensive. They deny what Justice Holmes termed “freedom for the thought that we hate.” They make the majority, or any willful minority, the arbiters of truth for all. If expression may be prevented, censored or punished, because of its content or because of the motives attributed to those who promote it, then it is no longer free. It will be subordinated to other values that we believe to be of lower priority in a university.”

  • KDLister

    A university student “opts in” to stricter codes of conduct and voluntary limits to Constitutional rights. Yale has the right to expel students in the interest of student safety, gender equality, and liability reduction.

  • HighStreet2010

    “I’m fairly certain that if this were an unaffiliated group of students they would have been expelled.”

    I am fairly certain that if there wasn’t a fraternity to crucify in the press, this wouldn’t even have been an issue at all. There wouldn’t have been a label to rally around – how do you get worked up if the issue was “10 drunk dudes on the way home from local bar Yell Offensive Things”? I’m sure the NYT would be all over that. I can hear Anderson Cooper’s incisive coverage. “Members of GWB’s Yale Frat Call Brotherhood to Rape in Pledge Ritual”, however, easily calls forth “frat boy” stereotypes for everyone to feed on and we get to the point where national media is questioning whether or not AEPi should be banned for this injustice (damn those Jewlo shots ruining our campus culture).

    In any case, Yale doesn’t expel people that haven’t either blatantly cheated or committed a felony. Maybe a reprimand like everyone else.

  • HighStreet2010

    Also, here’s a joke that I first heard in 4th grade: What’s the difference between a pile of dead babies and a Ferrari?

    What if I yelled that on campus? What if I yelled that and a woman who had a miscarriage walked by? What if I was really 10 large people and yelled that? What if I set it to music and danced while telling that joke? Would I be expelled, or my parkour club suspended? Certainly sounds like I’m saying I kill babies, which probably isn’t up to Yale’s integrity and values, might be harassment even though I’m not following or harassing anyone in particular, and it could be intimidating to see 10 people chanting something that involves the death of multiple children…

    So, do you think that’s something that should be punished – and if so, where’s the line? Dead baby jokes = mandatory prison sentence? Fine to tell dead baby jokes in private but not public? Fine to tell them, but not chant them? Fine to tell them, but not as a member of an organization that doesn’t allow those with at-risk children as members? Fine to tell them, since dead babies don’t have the media backing, legal protection and righteous zeal that the WC (and affiliates, sorry for that) does?

    Or is it just that everyone knows I don’t kill babies, so it’s a joke and it’s ok – whereas everyone knows fraternity men actually do rape women, so them joking about it isn’t ok, but threatening? Either way, I have a problem with the speech aspect and the stereotype aspect. Though banning DKE might help with the second one :P

  • Yalie08

    HighStreet, I understand the point you’re making, and I think its in the right direction. But your metaphor (about the baby jokes) is somewhat unfair. Imagine, instead, that a group of students chanted such jokes in front of a support facility for women who had suffered miscarriages. Imagine further that similar groups of taunters kept regularly appearing and were doing so at the direction of a student organization. In such a case, I think dead baby jokes would indeed go too far.

  • HighStreet2010

    So we have three things here –

    1) Specifically targeting vulnerable groups of people. Did that occur? Seems to me they chanted all across the whole campus rather than targeting rape victims in any way. Obviously targeting something is definite harassment (for good or bad, in case of political protest etc), but is that what happened?

    Another way to look at this is the converse – basically saying that their action is OK as long as they don’t do it in front of said support facility. No means yes but only on Science Hill, maybe?

    Or, maybe all of campus should be thought of as a haven where these unfunny and really quite offensive jokes are punished – in which case one shouldn’t have to make a distinction at all as to their location.

    2) Regular appearance. This can be argued, but certainly as pertains to DKE, on this level, this was a one-time thing. I don’t think it is fair to criticize one fraternity for the actions of another, or for the general climate of campus – and nobody refers to this as a recurring event for DKE. It probably is, in reality (which is why I don’t particularly feel for them), but if we’re having an argument based on the incident at hand this isn’t an issue.

    3) Direction of an organization. Now you’re getting into intent behind the action rather than the action itself. If all that mattered was the action, it wouldn’t matter if the people doing it were being told to or not (other than liability on the bosses’ part ofc).

    In your situation, it is framed as if the organization is specifically trying to harass through targeted, repetitive actions. I would like to think that the DKE president didn’t say, from his throne deep within Skull and Bones, “now go forth, my pledges, and threaten these women as my forefathers did in the days of yore” – but rather that they didn’t really care what anyone else thought and were chanting to and for themselves. More along the lines of a St. Patrick’s day parade that ends up lining the streets with vomit, rather than someone coming and specifically vomiting on your doorstep.

    In any case, I enjoy procrastinating, playing Devil’s advocate, and crafting questionable analogies. DKE probably deserved it, and I hope that those who were intimidated and harassed find some solace in the verdict. I just feel for the next organization that is found to be “imperiling the integrity and values of the University community”.

  • KDLister

    0

  • 9Y3DKE

    Yale has no authority over DKE. It is not a registered undergraduate organization, it receives no money from Yale, and doesn’t use Yale’s facilities. Yale can punish the individual students (who are subject to Yale’s “laws”) but I really don’t see how this decision can possibly be enforced.

  • KDLister

    There is a contractual relationship between a university and its students. It can stipulate whatever it wants, the students have to do it.

  • 9Y3DKE

    I don’t think you read my post clearly. Yes, Yale can punish the individual students involved in the incident. They are required to follow the rules Yale puts in place.

    But Yale has no authority to punish an organization that operates outside of its control. And DKE operates entirely outside of Yale’s authority and control. There is no “contractual relationship” between Yale and DKE. None.

  • KDLister

    Agreed. I may have been hasty with my reply. But it is somewhat interesting how code-of-conduct issues may or may not dissolve when off-campus.

  • Branford73

    > Free speech advocates forget that just
    > because it’s free speech, doesn’t mean
    > its free from consequences. If Yale
    > decides that it disapproves that
    > speech, it is certainly within its
    > right to keep off its property and off
    > the use of its resources.

    True, but Yale is insulated from the protections of the 1st Amendment and can punish individual students only because it’s a private university. It appears that as to free speech, UConn students are freer than Yale students.

    No one seriously believes the chants were advocating rape. They were grossly distasteful jokes, but jokes nonetheless. The consequences should be disdain and criticism by fellow university community members, including boycotts of DKE parties. The ExComm has the right to discipline students, but doing so is a contradiction of the university’s written free speech policy, aptly quoted by notsofreespeech above.

  • KDLister

    “No one seriously believes the chants were advocating rape. ”

    No one? “No means yes?”

    I’d be curious how you define a joke. I think the the free speech policy has some holes in it, and should be updated after this fiasco.

  • 9Y3DKE

    Whether you think they were making a distasteful joke or advocating rape doesn’t really matter. Yale cannot, I repeat, CANNOT, do anything to DKE. This entire matter is simply posturing and attempting to look tough.

  • The Anti-Yale

    Proximity. The Supreme Court protects the free speech of religious gay-haters at a military funeral if they STAY ACROSS THE STREET from the funeral.

  • townieexprof

    To DKE93 who wrote this:
    “Yale has no authority over DKE. It is not a registered undergraduate organization, it receives no money from Yale, and doesn’t use Yale’s facilities. Yale can punish the individual students (who are subject to Yale’s “laws”) but I really don’t see how this decision can possibly be enforced.”

    So, are you saying Yale should have no response? What would YOU do if you were a Dean of Students?
    The facts are what the statement says: DKE cannot conduct any activities on campus, cannot use Yale email or billboards, and will be severely restricted in any use of Yale’s name. (This thing was vetted by a team of lawyers-you can be sure of that. ) For five years. Period.

    If your response speaks to the mindset of the fraternity–it is unfortunate. WHat you seem to be saying is we DKEs can do what we want, we are not accountable, Yale can’t touch us etc etc.

    If you had a sister, or girlfriend, or mother, or daughter who had been sexually assaulted or harassed, you might have a different view.

    But help us out: what do YOU think Yale should do?
    What do you think the chapter should do about this problem?
    Do you not see this as a problem?
    Are you proud of your brothers’ actions?

  • CX

    “If you had a sister, or girlfriend, or mother, or daughter who had been sexually assaulted or harassed, you might have a different view.”

    I’m confused as to what part of the DKE incident constituted sexual harassment or assault. You must not have been a law school professor. The chants weren’t directed at any person or groups of persons in particular (except maybe corpses, since there was that reference to necrophiliacs and dead women–did the dead really arise out of Grove Street Cemetery to lodge a complaint?).

    “WHat you seem to be saying is we DKEs can do what we want, we are not accountable, Yale can’t touch us etc etc.”

    Whether or not this is what he seems to be saying, it’s the truth. Yale has no authority over how the independently-funded organization chooses to conduct its activities. The university literally cannot put into action anything in the email. Yale email panlists are abused regularly, and there are many workarounds to that restriction. Bulletin boards are (I’m thinking of outdoor ones) on public property since Yale is an “open campus” and any stranger can stroll on into old campus or cross campus or even into our libraries during daytime without showing any kind of ID. Finally, restricting the use of Yale’s name is a joke–the DKE club in New York is physically inside the Yale Club, and on campus, the restriction doesn’t matter. If someone goes Yale and couldn’t figure out that the local DKE chapter is made up of Yale students…that’s a different problem.

    It would also be highly indefensible and illegal to impose sanctions worse than a (non-recorded) reprimand on any particular members because of this incident. It’s a clear cut first-amendment issue. The words must incite “imminent lawless action”, so the chants could be much much worse and still be considered legal, all the way up to “Let’s break down this door and rape these women NOW!”

    So in conclusion, the email was sent to shut up the WC’s nagging and shore up Yale’s moral high ground for the Title IX complaint. Nothing will happen because none of the sanctions can be feasibly or legally enforced. Now, whether or not anything SHOULD happen is a totally different question. Personally, I think it would be great if, in order to carry out this decision, Yale enforces a completely closed campus, and I don’t have to deal with people handing me PETA flyers on cross campus. The point is, Dean Miller’s email was purely a piece of PR, written and vetted by a great legal and public relations team.

  • 9Y3DKE

    @CX responded very well on my behalf. (thank you)

    But here’s my opinion: What DKE did was tasteless and immature. But it was not sexual harassment. DKE needs to grow up, but so do the people who ran and complained about the incident. Throughout your life, people are going to say and do things you don’t like. If you make a big stink about it every time it happens, people will stop associating with you. I’m not saying you should stay quiet if you are the victim of a crime, but there was no crime here. (There were no arrests. There are no criminal charges pending. Hence there was no crime.)

    If I were Dean of Students, my response would have been something like this: “While the incident was offensive and the individuals involved should be ashamed of themselves, Yale is committed to protecting free speech, especially speech which many find unpleasant. We do not condone what they said, but we must defend their right to say it.” THAT is how this should have been handled. Instead Yale folded under political pressure. If this had been a left-leaning organization Yale would have rallied to their defense. But DKE is an easy target at a place like Yale, so the university took the easy way out and joined the attack instead of defending them. Seems to me that free speech at Yale only applies to some, not to all.

  • CX

    I completely agree. Obviously what DKE did was not all right, and all this unpleasantness could have been avoided had they behaved more maturely. But the university’s hands are tied by law, and that’s probably a good thing.

  • ys

    @9Y3DKE Clearly you have a stake in this as an alum of the punished group and, as such, you’re not looking at it the way most students will. Though I’m not sure if this sort of thing happened regularly during your time, I can speak to the mid-2000s. Intimidating chanting (whether “joking” or not) happened. Females I knew were uncomfortable as a result of it. It was not okay. Additionally, laws and rules are not the same thing. DKE’s chanting broke rules: “No member of the community with a decent respect for others should use, or encourage others to use, slurs and epithets intended to discredit another’s race, ethnic group, religion, or sex.” Though this wasn’t directed at a specific person or persons, it broke Yale’s rules on Yale’s campus, and Yale is punishing them to the extent that it can.

    As far as the punishment, your take seems to be “nah nah, Yale can’t touch us!” You’re missing the point. The goal here isn’t to abolish DKE. The administration knows it can’t force an unaffiliated organization to do what it wants. What it can do, however, is limit the on-campus presence of an organization with a history of intimidating students. Whether the guys thought it was a joke or not, you can’t deny that a freshman studying in her room and hearing “no means yes, yes means anal” outside would likely be intimidated. That’s not okay, and these “sanctions” will (hopefully) put an end to it. Maybe you’re right and it won’t change DKE, but at least future sexual harassment will take place off campus, and women will have chosen to attend the events rather than be subjected to them outside their dorms.

    DKE seems to pull from particular social groups (sports), so I totally agree that they’ll be fine as an institution. Yale might prevent them from reserving spaces, but you can’t prevent them from sitting together in commons for lunch. We cannot and must not, though, defend their right to make other students feel uncomfortable by intimidating and harassing them outside their dorms.

    To the point that DKE was targeted as a conservative/traditional institution: if a minority/ethnic organization were walking around chanting about sexually assaulting white people or a left-wing organization were walking around chanting about sexually assaulting rich people, I like to think Yale would do something about it. If not, that’s awful and Yale should be ashamed. But I want to see an example before I’ll believe it.

  • eudaimon

    Here is the bottom line for me, as a recent (male, fwiw) Yale alum: Thank you, Dean Miller.

    This punishment sends a clear message that Yale is serious about confronting sexual harassment. Anything less (1 year suspension?) would have been seen as a slap on the wrist by everybody, including the people punished. And it would have sent the message – which has been sent over and over again in recent years – that the administration doesn’t take this seriously, or that this isn’t a serious problem. But it *is* a serious problem – and now, everybody knows the administration feels that way. That’s a good (first) step.

    I don’t think many people are saying that Yale is *uniquely* bad in this regard. Sexual harassment, assault and rape are a massive problems on campuses everywhere, and they’re unacceptable everywhere. I am glad that Yale is finally taking the lead on this issue.

    And, if you don’t have a problem with people running around chanting “no means yes, yes means anal”, give me a break. It’s basically saying “here we are, a bunch of anonymous campus dudes. You don’t know who we are, and there are a lot of us chanting. But here’s the deal: You may end up hooking up with me someday during our Yale career – and if you do, I will rape you.”

  • 9Y3DKE

    “No member of the community with a decent respect for others should use, or encourage others to use, slurs and epithets intended to discredit another’s race, ethnic group, religion, or sex.” What the DKE guys said did not violate this. They didn’t use slurs. They didn’t use epithets. I am fine if you have a problem with what they said (I do too) but I still can’t find a law or a rule that they broke.
    ***
    “you can’t deny that a freshman studying in her room and hearing “no means yes, yes means anal” outside would likely be intimidated.” Sure I can. I take issue with the word “likely”. I’d be fine with “might be intimidated”. Or “would possibly be intimidated”. But “would likely be intimidated” is too extreme. And the fact is, most people took it for what it was…a very tasteless and inappropriate joke, but a joke nonetheless. And they ignored it. That is a fact – there were only a few people who complained, which means the overwhelming majority of the people who heard it simply ignored it.
    ***
    And @eudaimon, you are taking this to an even crazier extreme. You essentially said that all the guys involved WILL rape women they hook up with. Really?!? All the guys involved are future rapists? Every single one? That’s pure lunacy. I can’t take anything you said seriously after reading that.

  • eudaimon

    Nope, I’m saying that any woman listening from her window on Old Campus would be absolutely justified in thinking that “no means yes, yes means anal” means that one of the people chanting it might rape somebody.

    You’re right that it’s not a direct threat. But it sends the message that there’s a whole (literal and figurative) crowd of people on this campus who don’t believe in consent, and you’ll never quite know who they are. Sure, they could just be kidding – which is easy for you and me to say – but can’t you feel the threat, the fear that’s inherent in that?

  • notsofreespeech

    @ys

    You misunderstand the policy. The Woodward Report argues that offensive and shocking expression – including slurs and epithets – are not subject to formal sanctions by Yale because the university’s primary obligation is the protection of free speech.

    Of course what DKE did was wrong and horrible and deserving of strong condemnation. But that should come from the community, not from the Executive Committee. It’s ironic that the committee found the students guilty of “imperiling the integrity and values of the University community” when the ruling itself does just that.

    From the censorship of the ‘sissy’ t-shirts and “The Cartoons That Shook the World,” to the new satellite campus in Singapore, the university recently has shown a disappointing willingness to compromise on its core values whenever it’s politically expedient or there’s a dollar to be made.

  • Ciceroni

    In the years since Yale, I believe DKE 93 has forgotten how far he has come since freshmen year. I was a freshmen slightly more recently and was a freshmen counselor rather more recently than that, and I can tell you, while it may not be everyone, I would be incredibly surprised if this did not intimidate some of them. Coming to a new school were everyone makes such an effort to be welcoming, and then hearing a large group of (usually solidly sized) men chanting these types of things would have to be incredibly disconcerting. Sure, out of Yale or even as sophmores and juniors, it is easy to say oh – that stuff happens, but the members of DKE did not have the moral right to do this. It was at best unthinking and at worst, quite despicable. Sure, it wasn’t legal, and you may be right, it may not even technically broken Yale rules (IMHO I think it clearly violated the spirit of the rules designed to establish a safe and respectful learning & living environment and likely the letter of the law as well). I would just say remember, that if any member of Yale Campus (and yes – one pushing the boundaries during a federal investigation especially so) makes even one student feel unsafe or threatened, then they need to clean up their act or not be allowed in certain areas of campus. It’s that simple. DKE has historically done these chants (right? – feel free to correct me there, but I remember them though diff words) and they didn’t stop, and now they can’t come around anymore. Seems fair enough? Private organizations do not have to allow incendiary free speech around their wards.

  • theredqueen

    Whether one likes the speech, or not, free speech is free speech. Yale need not be the gulag of New Haven. Yale women need to find more creative ways to push back on bad behavior other than litigation and suppression of speech. The real world awaits them beyond their alma mater.

  • ys

    @notsofreespeech

    I don’t care about the Woodward Report; I care about the students. We’re not in the 70s any more, and harassment is not free speech. There is no justification for an organized group to stand outside someone’s dormitory and yell about encouraging rape.

    I also don’t care what the guys thought they were doing; what they /were/ doing was loudly encouraging rape and harassing students who had no way of avoiding them. It’s up to Yale to decide if that is punishable, and I think they made the correct decision.

    Yale’s responsibility to allow free speech is superseded by its responsibility to prevent harassment and ensure a safe and safe-feeling environment. Yale shouldn’t prevent DKE from chanting about raping students any more than it prevented Fred Phelps from chanting “God hates fags.” That is, Yale should push it off campus. And they did. If DKE members want, they should chant about being rapists off campus.

    Side note: I remember two separate strikes by labor organizations at Yale. I thought they were annoying, but not threatening or harassing. If they ever chant “cross our picket line / stabbing you is fine” then they should be kicked off campus because it would make students feel unsafe. Even if they’re joking. Chanting about rape makes students feel unsafe, and I applaud Yale for taking action against it.

  • ys

    To follow up: my previous post makes it sound like I hate DKE. I don’t. I knew DKE members who were great guys. In fact, I never met any who weren’t. These chants weren’t made up by those great guys, though. They’d been in place for years. The current members were just continuing the awful traditions.

    I think this decision actually does DKE a favor by breaking the institutional inertia that results in such traditions that are, to put it as lightly as possible, outdated. Now members have the freedom to say “these traditions are dumb and we need to make the actions of the organization reflect well on the individual members.”

  • eli1143770312

    I’m amused by the argument that Yale has no leverage over the DKE organization. Has anyone noticed that DKE members (i.e. non-Yale DKE members) have the privilege of joining the Yale Club of New York? While the Yale Club is independent of the University, the connection is obviously close. If the DKE organization refuses to suspend the Yale branch, perhaps University should press the Yale Club to rethink the DKE relationship. Yale would be a better place without any fraternities (and without such an intolerant/intolerable Women’s Center too, for that matter).

  • 9Y3DKE

    As screen-name makes clear, I am a DKE brother and graduated in 1993. This so-called ‘tradition’ of chanting did NOT exist when I was there. So it’s less than 18 years old, and thus I don’t think it can rightly be referred to as a tradition at all.

  • ys

    @9Y3DKE, My intention wasn’t to imply it had existed forever, and certainly not to place any blame on you. Just speaking from my experience: I started at Yale in 2003 and it continued until 2010, so brothers from at least the classes of 2004 to 2013 were in the group when such chanting happened. That’s at least a decade’s worth of graduates. You have to understand, the guys who were doing the most recent round of chanting were 18 years old, so ten years seems like quite a tradition to them. That said, I can’t imagine every year’s rush coordinators independently decided misogynistic chanting was a good idea.

    To me, this is what differentiates it from the “we love Yale sluts” sign from Zeta Psi. As far as I know, that only happened once. Even when it happened, it was a small sign held up for a quick picture at night, and it was done silently. The intention wasn’t to communicate the message to others; it was an internal rush task that was supposed to be private (and only got leaked through a private facebook album). Dumb? Sure, but not harassment, and not an ongoing problem.

    In the interest of full disclosure, I remember just rolling my eyes and chuckling when I saw the DKE chant. But I’m a guy, and I learned through conversations with female friends that it made them uncomfortable. There were multiple sexual assalts on campus during my time at Yale, so any humor fades quickly with the realization that rape was/is a problem, even at Yale.

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  • HighStreet2010

    I agree, gangsta rap should be banned on campus lest someone feel threatened.

    I mean, listen to this: “Just cuz I’m from the CPT, punk police are afraid of me
    A young nigga on a warpath
    And when I’m finished, it’s gonna be a bloodbath”

    Can you imagine someone blasting that in old campus (or, god forbid, singing along), where innocent young freshman couldn’t escape? Imagine if one of them had a family member who was in law enforcement in the greater Los Angeles area? Don’t you know that rap caused a shooting at Toad’s? That’s right there!!

    After all, the primary duty of Yale is to provide a safe and safe-feeling environment (similar to the womb, except with Gothic architecture and a capella) where such violent, intimidating and frankly dangerous words should never be spoken. Gangsta rap off-campus please, maybe death metal too – personally, I think being in bonds with Satan is against Yale’s integrity and values.

    Hopefully we can ban all screenings of horror movies as well, especially those in which college-aged women are victimized (how could that possibly be entertainment?). Freddy Kruger/DKE gonna getcha, hide yo kids

  • Ciceroni

    As the great Polonicles once said: “he who claimeth to be a brother shall only be so insofar as he is brother to all. Let no man or woman do that not to which they would certainly unto do to their own sister or brother.” In short, DKE is a family, and they have their quirky uncles and crazy kids, and should be treated as such.

  • KDLister

    @Ciceroni

    Thanks for the “in short” summary, that saves everyone the effort of reading the inaccurate quote preceding. Hopefully the pro-rape chants won’t contribute to the incidence of real-world rapes at your institution.

  • Branford73

    > It would also be highly indefensible
    > and illegal to impose sanctions worse
    > than a (non-recorded) reprimand on any
    > particular members because of this
    > incident. It’s a clear cut
    > first-amendment issue.

    Unfortunately, you are wrong on this point. Yale, as a private and not a government institution is not bound to obey the strictures of f the First Amendment. Therefore Yale can discipline students for engaging in speech it deems offensive. As I alluded to above, UConn as a state institution IS bound to the 1st Amendment and therefore could not discipline its students for offensive speech. Therefore on speech issues, as this ExComm decision proves, students at the University of Connecticut are more free than Yale students. I find that unfortunate, but clearly some do not.

  • PC2005

    I had two DKE pledges on my floor when a freshman. After hell week, they left a pile of feces-smeared clothing and a sink full of vomit in our communal bathroom, which they refused to clean up because “it was the janitors’ job.” The janitors – rightfully so – also refused to clean it up.

    DKE constantly treats the rest of the campus with complete contempt, and this “joke” is yet another example. Their punishment is long due.

  • townieexprof

    CX:”I’m confused as to what part of the DKE incident constituted sexual harassment or assault. You must not have been a law school professor. ”
    I never stated that the chant was sexual assault. I never stated it was sexual harassment, although it may be–if not in a legal way, in a common sense way. Can you read?

    What I said was, if you had a close relative or friend who HAD been sexually assaulted, maybe you would be able to think or feel differently about this. You seem to be having trouble understanding other people’s points of view, like what I just wrote, and perhoas like how it would feel to women who had been assaulted or harassed and here a bunch of drunken cretinous jocks shout crass rude deplorable insults directly targetting women essentially saying to women: we know you want it, it doesnt matter what you say etc etc.

    Here is your exercise: what WOULD it feel like if you had been sexually assaulted to hear a large roudy group of men shouting this across your Ivy League campus that you had spent years working to get into? Huh? What would it be like?

    Trouble understanding other people’s points of view is at the heart of this debate.
    If any of the drunken louts had a sister or girlfriend who had been sexually assaulted in a date rpae-yes means no-situation, I would hope they would act differently. But since we can’t count on that apparently, the recourse is the law.

    The Justice Department figures are that one in five women will be sexually assaulted while in college.
    Repeat, one in five women, sexual assault, college.
    The United States Department of Justice.

    So, yes, sexual assault is an epidemic, viewed as a public health issue.
    What can each college, or Yale or DKE do to address this?
    I am not reading any posts here that address this as a real life issue. I am reading a bunch of poser-legal arguments about what is free speech etc. This isn’t protected free speech. This is alcohol and testosterone and stupidity run amok: the same volatile mixture that is overwhelmingly responsible for date rape and acquaintance rape. Oh yeah, and having a whole fraternity walk across campus broadcasting and reinforcing that it really is OK to ignore what women say–
    way to stay classy DKE.

  • 9Y3DKE

    @PC2005 – So just to be clear, because a few DKE pledges made a mess and refused to clean it up when you were a freshman, that means that the entire fraternity now deserves to be punished for this incident? Your story is completely unrelated and could be false (we have no possible way to verify it) yet you felt confident that it strengthened your argument? Quite the opposite…in my mind, your post weakens your argument and made you lose all credibility. Well done!

  • sonofmory

    @PC2005 – how long have you been waiting for the opportunity to publicly air that complaint? 9Y3DKE is right – totally irrelevant and it is horrible to say that they treat the rest of the campus with contempt. That would be the equivalent of me saying that all members of the class of 2005 hate all fraternity members because of your post. Idiotic!

  • Ciceroni

    @KDLister – please read my earlier post and you will see I am in favor of this just condemnation of a publicly immoral act that was deleterious to the community and the greater sense of well-being. What DKE did was wrong. It should be 9Y3 DKE’s first thought to take corrective and ameliorative action, both in assuaging the community and in fixing DKE’s behavior. Instead, his and many of our thoughts are legal in nature (so many lawyers at Yale). Noone can argue can this act was innocent, and it had real potential to hurt. Yale had to take this action seriously, because that was the only way to show that it will stand up for its students. If you chant stupid and potentially hurtful things as an organization, you don’t get second shot. If any Yale organization did the same on an organized and sustained basis they would be cut off from Yale as DKE is now. They have their rights, but Yale need not respect their rights to intimidate and hurt its community, even if they did so only because they did not care about the impact of their words.

  • Yokel

    What’s next? Brownshirts? @9Y3DKE…you probably drive an 8-mpg Range Rover and see no problem with that either???

  • 9Y3DKE

    The car I drive is irrelevant and has ZERO bearing on this subject. (But just to make you happy, no, it’s not a Range Rover or anything equivalent.) Do yourself a favor and steer clear of ad hominem attacks…they don’t strengthen your arguments, they weaken them.

    Someone else wrote that I should be taking corrective and ameliorative action. First, who am I to do that? I’m just an alum of Yale who happens to have been in the fraternity. But I didn’t do this (and didn’t do it as a student either). You say no one can argue that this act was innocent. You are wrong. I can and I will. It was a joke. A tasteless and poorly executed joke, but a joke nonetheless. Everyone is so thin-skinned and sensitive that they can’t see it for what it was. There was no intimidation and no particular person was targeted. Could it have made “some” women uncomfortable? Sure. But I heard plenty of protests and chants throughout my four years as a student that made me feel uncomfortable. Did I run to the Dean and complain? No, I just shrugged it off.

    My biggest issue with this who thing is how sensitive and easily offended we have become. Not just at Yale, but as a society overall. If someone says something you don’t like, either challenge them or shrug it off. But making formal complaints and filing lawsuits is what we do today, and I think it sucks.

  • KDLister

    It’s a little bit funny that the pledges can join the army and kill or be killed, but not really be considered adults in terms of drinking. It’s a really big problem that we have no consensus on the cognitive development of an 18 year old. I suspect, in the future we will push out adulthood to age 24.

  • KDLister

    As a previous holder of multiple high-level greek positions, I can honestly say we systematically, conscientiously, and persistently reduced rape risk (e.g. no means no) and indeed we’re proud of being the leaders on this.

  • yalien

    I think it’s interesting that DKE has been targeted in the manner that it has. A rising junior, I distinctly remember (presumably) SAE brothers/pledges shouting, “S-A-E, no f-ing fags” repeatedly on Old Campus my freshman year. While I don’t condone DKE’s actions, no one seems to have objected SAE’s chants.

  • Branford73

    > Yale had to take this action
    > seriously, because that was the only
    > way to show that it will stand up for
    > its students. — by Ciceroni

    Wrong. It could tell the government that it will not become a government agent for the purpose of suppressing free speech, no matter how offensive it is, that the remedy for offensive speech is counter-speech, that the university administration and hopefully other members of the university community will criticize that speech and perhaps boycott activities of the organization that sponsored that speech but that students will not be punished for it.

    President Levin could “invite” the individual students and DKE leaders to Woodbridge Hall and explain how the incident was hurtful, shameful and embarrassing both to them and to the university and that their families (particularly mothers) and their college deans would be informed of what occurred. He could also explain that they are now known to the university administration and that the incident would be remembered if there were subsequent acts which might merit discipline or for which they might want the university’s forbearance or assistance.

  • nddude1

    @PC2005
    I can assure you that feces has NEVER been a part of inspiration week. Nor has vomit unless you count people throwing up because it smells so bad. The combination of things that the clothes were smeared in may have reminded you of those scents, but they weren’t. I could gladly replicate the smell for you in almost any dining hall.

  • anotherY10

    @nddude1

    “feces has NEVER been a part of inspiration week” – bull, according to the three DKE brothers I watched go through Hell Week
    “Nor has vomit unless you count people throwing up because it smells so bad.” – geez, I think that’s exactly the “unless” that PC2005 was talking about. The complaint was not about the fact they threw up, but that they left it for someone else to clear.

    But I’m not down with making generalizations about all members of a frat because of PC2005’s three roommates ten years ago. Nor with singling DKE out as the single cause of sexual harassment at Yale. I bet Zeta Psi are feeing sweet right now.

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  • tvg

    As the Father of a of a female Student who was directly affected by DKE’s actions, I find the response less than genuine, appaling and irresponsible. This University is not where I wish I would have spent my money to send my child. She had so many other opprotunities, but fell in love with what she thought was an open minded group of students and an administration. It is clear to me Yale University is not that. For those of you who were not effected, your opinion is meaningless to me. Your skin in this fight is purely hypothetical. It’s real. Horrible things have happened and will continue to happen until this administration takes these issues seriously.

  • p0st1e64

    thinking of student of yale as “cream of the crop”, i find it hard to beleive these up and comers

    are morally idiots

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