UP CLOSE | ‘Why bother?’: A look at University resources for addressing discrimination and harassment

UP CLOSE | ‘Why bother?’: A look at University resources for addressing discrimination and harassment

Faculty members, students and former employees discuss the progress — and ways to go — for systems responding to and addressing discrimination and harassment.

Published on April 13, 2021

Yale School of Nursing student Leonne Tanis NUR ’21 told the News that she went to the Office of Institutional Equity and Access looking for “concrete actions” after an incident with a now former YSN professor. Instead, Tanis said it was “an absolute waste of my time.”

From late January 2019 to October 2019, Tanis was involved in an OIEA investigation headed by Senior Director Valarie Stanley. In an interview with the News, Tanis said that she filed a complaint with the office after being “publicly mocked” by a former YSN professor during a Graduate Entry Prespecialty in Nursing Program town hall. While YSN Dean Ann Kurth publicly apologized for “all the times YSN did not effectively address racism” in a June 2020 anti-racism statement and cited the 2019 town hall as a recent example, Tanis recalled the monthslong investigation as lacking in “transparency,” and said she would have used another resource if she knew she had the option.

Currently, there are two University systems solely dedicated to addressing and responding to harassment or discrimination at Yale: the OIEA and the Deans’ Designees. The News interviewed 16 Deans’ Designees, undergraduate students, graduate students, former employees and University administrators about the process to report racial discrimination or harassment. While administrators described a comprehensive system for addressing individual needs and experiences, those the system aims to serve criticized its opacity and inefficiency — if they had engaged with it at all.

In interviews with the News, four students did not have full understandings of available reporting processes. Two former employees and one graduate student expressed criticisms of the OIEA and its investigations process. Four of the students looked to other outlets — like the creation of an ombuds office and a broader focus on microaggressions at the University administrative level — as potential solutions.

The OIEA, formerly the Office for Equal Opportunity Programs, was created in 1980 to maintain compliance with Title VI of the 1964 Civil Rights Act and, later on, other discrimination laws — such as the 1990 Americans with Disabilities Act. Now, any student or employee can contact the OIEA with concerns of harassment and the office can assist with “dispute resolution” as well as investigations into incidents.

In 2017, Deans’ Designees were announced as an additional resource for students across the University to “offer advice and guidance related to diversity and inclusion, discrimination and harassment, and equal opportunity,” according to their website. Currently, there are 19 Deans’ Designees, one or more for each school and appointed by the deans of Yale’s constituent schools, designed to help “facilitate informal resolution” in regards to discrimination or harassment other than gender discrimination or sexual misconduct. They all perform this role in addition to a separate full-time role at the University. Most are administrators, and many hold positions related to diversity, equity and inclusion.

In 2019, Benjamin D. Reese — former vice president of the Office for Institutional Equity at Duke University and Duke University Health System — conducted a review of and submitted a report on Yale’s institutional responses and resources pertaining to racial discrimination and harassment. While he found that the University had taken steps in recent years to “create a more inclusive campus,” Reese concluded that for many students, it was “unclear” where they could go to register concerns or complaints related to race. His recommendations focused on seven areas, including Deans’ Designees, the OIEA and response and advice during or after incidents.

“Each summer the central administration reviews communications about discrimination and harassment procedures to make sure they are as clear as possible,” Elizabeth Conklin, the associate vice president for institutional equity, access and belonging, wrote to the News in an email. “We are continuing our ongoing work to review and where appropriate update policy, procedures, resources, and training opportunities related to preventing and responding to discrimination and harassment in connection with both the Reese report and our larger efforts around Belonging at Yale.”

The role of Deans’ Designees

Overall, we want students to turn to staff with whom they feel comfortable to initially sort through their concerns.

—Burgwell Howard, associate vice president of student life and one of two Deans’ Designees for undergraduates

For the Deans’ Designees, Reese recommended that additional training and skills — such as basic counseling techniques and knowledge of specific University policies — be implemented. Reese wrote that the wide variety of positions held by Deans’ Designees means they have different levels of training and noted in his report that designees and their colleagues agreed that differences existed in how each approached the role.

Conklin, who joined Yale in September 2020, provided a statement to the News on behalf of herself, the OIEA and Stanley and nine Deans’ Designees — including Deputy Dean and Chief Diversity Officer Darin Latimore. Conklin wrote to the News that Deans’ Designees can take advantage of professional development workshops, “based in part on the Reese report and on requests from the Deans’ Designees themselves.” She added the workshops cover informal and formal options for resolving student complaints, communicating on community issues and a wide range of other areas.

“Deans’ Designees can provide individualized support to students in the context of their own schools,” Conklin wrote. “Many Deans’ Designees are deans of student affairs or in other highly visible roles involved in student support, and they work to be accessible and well-known within their schools so that students know where to turn and how to reach them.”

Two first-year students, Joaquin Soto ’24 and Jade Villegas ’24, expressed unfamiliarity with the existence of Deans’ Designees and their role.

That role, Conklin said, includes “[mediating] difficult conversations” between students and those whose behavior has affected them, having conversations on a student’s behalf and occasionally making academic and other arrangements, including switching class or discussion sections. Deans’ Designees also work with other administrators, including the dean of students’ respective schools, heads of residential colleges and cultural center directors, to address issues related to discrimination and harassment.

“Overall, we want students to turn to staff with whom they feel comfortable to initially sort through their concerns,” Burgwell Howard — associate vice president of student life and one of two Deans’ Designees for undergraduates — wrote in an email to the News.

Howard and Melanie Boyd — Yale College Dean of Student Affairs and the other Deans’ Designee for undergraduates — process about a dozen “more complex” cases each year, according to Howard. He added that the Deans’ Designees across schools meet monthly to “talk through scenarios,” such as how they might have addressed incidents at another institution.

Informal resolutions at Yale vary from case to case, Howard said. For “classroom-related concerns,” the Deans’ Designees may connect the undergraduate student with a departmental director of undergraduate studies or faculty chair, or “simply the classroom professor where the incident occurred,” Howard wrote.

For incidents involving someone outside the Yale community, like a visitor or Yale applicant, Howard said the Deans’ Designees will occasionally “follow up” with the home institution or the admissions office, so that they are aware that an incident has occurred. In a phone interview with the News, Howard added that Conklin was attempting to set up an online reporting process for people such as prospective and recently admitted students, who may not know who to turn to when an incident has occurred. According to Howard, similar systems had proven successful at universities such as Dartmouth, where he worked from 1988 to 1994.

On the cases he has seen, Howard wrote that he is sure “not everyone is always satisfied with outcomes” from contacting the Deans’ Designees, in part due to definitions of discrimination and harassment and University policies.

The University defines harassment as the subjection of a student to “objectively offensive, unwelcome conduct” based on any protected characteristic, when that conduct is “severe, persistent or pervasive.” Yale’s definition of “protected characteristics” includes those covered by Title VI of the 1964 Civil Rights Act as well as sex, religion, age, disability, veteran status, gender identity and sexual orientation.

But the University’s definition of harassment does not include all forms of offensive speech. University policies state that all students are “generally free to express their views,” and so are visiting speakers, even if the view is “unpopular or controversial.”

“Some students would like to see the other student ‘punished’ for their offensive behavior, but our system is not set up to prevent people from being offended or even to manage people’s speech,” Howard wrote in the email. “However, if we are able to facilitate a conversation where these concerns could be heard by the offending party, that is a significant step towards being understood and seeing behavior stop and not repeated.”

Although both parties have the right to refuse conversation, Howard said in the phone interview that “most people, when they cause offense, want to repair those harms.” He added that simply informing the Deans’ Designees for students can be helpful, and encouraged students to bring forward any concerns they had.

Howard characterized students’ understanding of Deans’ Designees and the reporting process as still developing. He said that “students don’t fully understand” the resources available.

“You don’t read the safety manual until you actually need it,” he said.

I loosely knew about it, primarily because of the roles I play as a PL and [member] on the track team. What I would say is because I’ve been in University-sponsored positions of mentorship, I’m more likely to know about these kinds of systems than the average student.

—Juma Sei ’22, an Afro-American Cultural Center peer liaison

Who do students turn to?

Juma Sei ’22, an Afro-American Cultural Center peer liaison, said he “loosely knew” about the Deans’ Designees and process to report discrimination or harassment, but pointed his first-year students to other systems of support on a much more regular basis.

“I loosely knew about it, primarily because of the roles I play as a PL and [member] on the track team,” Sei told the News. “What I would say is because I’ve been in University-sponsored positions of mentorship, I’m more likely to know about these kinds of systems than the average student.”

Sei said that his track coach had mentioned Howard as someone team members could go to if they faced discrimination or harassment. Sei said that for himself, he was “much more inclined” to talk with his first-year counselor and peer liaison during his first year at Yale because student support systems were “more comfortable.”

Now as a peer liaison, Sei said that if an incident occurred, his advice would be to first speak with Afro-American Cultural Center Director Risë Nelson. Asian American Cultural Center peer liaison Isabelle Rhee ’22 expressed similar sentiments.

“If I had a first year who had an incident of racial discrimination or like a microaggression from someone at Yale, my first impulse would definitely be to talk to Dean [Joliana] Yee,” Rhee told the News.

As peer liaisons, Rhee and Sei recalled Howard giving talks about the resources available for addressing discrimination or harassment in diversity training sessions. They also said that in their conversations with their respective first years, there was not any talk of discrimination or harassment as defined by the University, but rather concerns regarding microaggressions, imposter syndrome or frustrations over national issues related to race.

Both Howard and Conklin cited cultural center deans — along with deans and heads of residential colleges — as members of the Yale community undergraduates can turn to.

But for Howard, he would like to see “institutional resources bolstered” at the OIEA, because not only do graduate students turn to the OIEA more frequently than undergraduates, but so do faculty members and employees of the University at large.

“Dean Boyd and I can manage what comes through Yale College,” Howard said, “[But] I would love to see that office expanded even further.”

OIEA: Infrastructure and criticisms

In his 2019 report Reese wrote that the then-named Office for Equal Opportunity Program needed to “reorganize, strengthen, expand … [and] be staffed to enhance its ability to conduct investigations” in a “timely manner.”

People involved in two recent OIEA inquiries — one into comments made by a former YSN professor and one into the workplace culture of the Yale Center for Emotional Intelligence — described a process plagued by delays, lacking in transparency and culminating in disappointment.

“I didn’t know what to expect [writing to Stanley], but in terms of my experience at Yale in general I wasn’t expecting much,” wrote Andrés Richner-Maldonado, a former YCEI employee who co-authored a letter about workplace racism, including a Zoom bombing at an anti-racism event. “And so I personally wasn’t surprised that it took about a month to get a reply, I was just more surprised that given everything we wrote the reply was just thinned. It’s like, why bother?”

While both Deans’ Designees and the OIEA can navigate students through various options to discuss and address incidents and concerns, the OIEA is a University-wide resource that has the broader capacity to conduct investigations, Conklin said. In addition to students, the office serves current employees as well as applicants for programs and employment.

According to Conklin, the OIEA has three staff members — the same number Reese originally noted in his report. Conklin wrote the search process for two new OIEA positions began in late 2019, but was halted with the onset of the pandemic. She added after “assessing organizational needs,” one of the two positions was elevated to associate director. Both searches were reactivated in early 2021, and Conklin predicts they will begin in the early summer. She added that OIEA is in “active recruitment” for the two additional staff members: one equity and access representative and one associate director — a new role for the office. Conklin said that a larger staff will help shorten the timeframe of OIEA investigations.

Tanis told the News that following the January 2019 Graduate Entry Prespecialty in Nursing Program town hall where a former professor did a “stereotypical impersonation of a Black woman” directed at her, Tanis took her grievances “directly to the Provost’s Office” after the incident occurred.

From there, she was pointed in the direction of the OIEA, where she got in contact with Stanley on Jan. 31, 2019. According to Tanis and emails obtained by the News, Stanley told her that the OIEA handled complaints and that they could meet the next day in the office. During the meeting, Tanis recalled Stanley mentioning that conducting an OIEA investigation meant that the findings were only recommendations to the YSN administration.

Sometime after Oct. 15, basically what she [Stanley] told me then was that it was my word against [the professor’s] … and because of that they can’t do any disciplinary action,” Tanis told the News. “I was disappointed because it’s like, it took you guys eight months to say this?

—Leonne Tanis NUR ’21

Stanley did not respond to multiple requests for comment, and her automatic email reply noted that she has started “phased retirement” and stopped working on Mondays starting on Jan. 4, 2021. Conklin wrote to the News that Stanley will retire at the end of this calendar year after 45 years of service at Yale.

In February 2019, Tanis provided a written statement and a list of people to contact, all but one of whom Stanley had contacted by mid-March, according to emails provided by Tanis to the News. Come July, Stanley was still waiting on that final interview but would close out the investigation if she was unable to get it — an update Tanis only learned after reaching out.

The two spoke again in August, when according to Tanis, Stanley said that she would be meeting with Kurth to discuss the findings and recommendations of her report. Two months later, on Oct. 15, Stanley emailed that she had met with Kurth and Associate Dean for Global Affairs and Planetary Health LaRon Nelson, and she and Tanis scheduled to meet in person 10 days later.

“Sometime after Oct. 15, basically what she [Stanley] told me then was that it was my word against [the professor’s] … and because of that they can’t do any disciplinary action,” Tanis told the News. “I was disappointed because it’s like, it took you guys eight months to say this?”

According to Tanis, what Stanley told her about her recommendations more broadly focused on the “culture at the YSN” that would allow the incident to happen, which was something YSN leaders could address. Still, Tanis expressed frustration with not being in the meeting with Stanley, Nelson and Kurth, nor seeing or hearing what “exact recommendations” Stanley made to YSN leadership.

“[Stanley] wouldn’t give me that sort of transparency … if I’m the one who filed the complaint, I should have access to that information,” Tanis said. For its part, YSN cooperates with information gathering, Kurth said, noting that the process is confidential and directed by OIEA.

Karina Medved-Wu, a former Yale Center for Emotional Intelligence program manager who resigned in March 2019, also expressed similar sentiments to Tanis in her own interactions with Stanley and the OIEA.

Richner-Maldonado and Medved-Wu co-authored a letter to Stanley with three other former YCEI employees on July 16, 2020, in response to a Zoom bombing that occurred the same day. At the virtual event, curse words and racial slurs targeted former YCEI Assistant Director Dena Simmons.

In the letter, the former employees wrote that they were leaving the YCEI because they could “no longer face the racism, sexism, classism, homophobia, transphobia, ableism, body shaming, bullying, conflicts of interest, and retaliatory patterns inflicted on us, on our coworkers with protected status, on the schools and families YCEI claimed to serve, and on Dr. Dena Simmons.” For Medved-Wu, such instances included revising YCEI RULER — a social and emotional learning program — curriculum to incorporate an alternative to “The Other Boy” by M.G. Hennessey, a novel about a transgender child’s journey to acceptance. She was told by YCEI leaders her inclusion of the novel in the original curriculum could be viewed as “controversial.”

According to Medved-Wu and emails obtained by the News, the former employees received an email response from Stanley in August 2020, a little under a month after they sent the letter, detailing that the OIEA would follow up on the information Latimore provided, but they may be unable to share actions taken once the review was complete and apologizing for the “delayed response.”

“While we cannot comment on specific cases or matters due to federal privacy laws, as a general matter, the outcomes of investigations are discussed with the individual who filed the complaint and, where appropriate, with the individual who was the subject of the complaint as well as faculty or other administrative leadership,” Conklin wrote to the News. “They are not available publicly given individuals’ right to privacy and the need to maintain the confidentiality of the process.”

Medved-Wu called the response “inadequate with no sense of urgency.” She and Richner-Maldonado also noted that Stanley and Latimore never followed up with them about a September 2019 climate assessment of the YCEI workplace, which was conducted by the School of Medicine’s Office of Academic and Professional Development in collaboration with OIEA in response to employee complaints and recent resignations.

Medved-Wu said that in her climate assessment interview with Latimore, Yale School of Medicine’s chief diversity officer, she was asked if there was anything she would change about YCEI or in general.

“I told him [Latimore] that I wished someone would design a new system at Yale specific to supporting employees from marginalized groups experiencing racial/gender-based discrimination and to be provided with a more efficient mediation process to hold perpetrators (of discrimination) accountable for their actions,” Medved-Wu wrote to the News in an email.

Both Richner-Maldonado — former YCEI director of technology and communications — and Medved-Wu said that they had limited knowledge of the OIEA and the complaint process during their time of employment. Richner-Maldonado said that he would have utilized the OIEA resources and the ability “to talk through these complex issues” — if he had known that those resources existed. Neither Richner-Maldonado nor Medved-Wu remained in touch with Stanley after her August 2020 response.

“While we cannot comment on specific cases or matters due to federal privacy laws, as a general matter, the outcomes of investigations are discussed with the individual who filed the complaint and, where appropriate, with the individual who was the subject of the complaint as well as faculty or other administrative leadership. They are not available publicly given individuals’ right to privacy and the need to maintain the confidentiality of the process.”

—Elizabeth Conklin, associate vice president for institutional equity, access and belonging

Looking ahead

Tanis told the News that much later after her OIEA investigation was complete, as she was sharing her experience with a faculty member, they mentioned another potential resource: the YSM’s ombudsperson — a confidential investigator external from YSM faculty that attempts to resolve complaints and problems between employees and an employer or students and a university. Tanis did not know about the ombudsperson prior to her conversation with the faculty member. She also wondered if they were available to speak with YSN students, or were restricted to YSM community members.

According to Nancy Angoff — associate dean for student affairs and a Deans’ Designee at the medical school — “the office of the ombuds does not continue now that there is a robust Office of Academic and Professional Development headed by Dr. Linda Mayes.”

The OAPD helps medical school faculty through mentorship, leadership development and overseeing faculty development programs in all medical school departments — according to their website. According to Angoff and Michael Schwartz, another Deans’ Designee at the School of Medicine, the medical school surveys students anonymously about “experiences of discrimination, harassment and bias” at the end of every course, elective and clinical clerkship. These reports are then reviewed by associate deans, course directors, chairs and the OAPD, but are not accessible to the entire student body or public due to confidentiality.

Currently, Yale and Dartmouth College are the only two universities in the Ivy League without a University-wide ombuds office, and members of the Graduate Student Assembly are advocating for its creation.

For former Graduate Student Assembly chair Lucylle Armentano GRD ’21 and former vice chair Ryan Petersburg GRD ’21, the creation of a University-wide ombuds office could not be more necessary.

“The real advantage to this obviously is that an ombuds person is completely neutral, it’s intended to be an office that is not tied to the graduate school, graduate students or Yale College,” Armentano said. “There’s a lack of knowledge that these [Deans’ Designees] exist, and the Office of Institutional Equity and Access, I think many people don’t understand that that exists also. And even if they know, there might be that hesitation because of the potential links to their department or professor.”

Armentano added that though the Deans’ Designees “were fantastic,” the transparency of an ombuds office can be “promoted really well” because it is a “stand-alone office.”

“The real advantage to this obviously is that an ombuds person is completely neutral, it’s intended to be an office that is not tied to the graduate school, graduate students or Yale College. There’s a lack of knowledge that these [Deans’ Designees] exist, and the Office of Institutional Equity and Access, I think many people don’t understand that that exists also. And even if they know, there might be that hesitation because of the potential links to their department or professor.”

—Lucylle Armentano GRD ’21, former Graduate Student Assembly

In a phone interview with the News, Howard said he was “not concerned” about overlap between his role as a Deans’ Designee and his other positions, which include senior associate dean of Yale College and associate vice president of student life. He said in the event that there was a conflict of interest, he would recuse himself from the discrimination or harassment case. He added that students can go to any of the Deans’ Designees listed on the website.

Petersburg said that the GSA had been advocating for a University-wide ombuds office since 2017, but just as they had spoken with members of the Faculty of Arts and Sciences Senate and heard that a meeting would be set up in spring 2020, the onset of the pandemic interrupted their progress.

“There’s a very clear way the pandemic affected this,” Petersburg said, adding that he hoped these meetings could be rescheduled for some time this year.

Still, some students called for additional improvements to how the University thinks about and addresses racial discrimination and harassment.

For Sei, while it is important to have structures in place to address what he called “the big cases” of racial discrimination and harassment, he felt the conversation should shift to microaggressions students experience on a day-to-day basis.

“No one’s going to call you the N-word, no one’s going to do anything especially egregious,” Sei told the News. “But instead it can feel sometimes like a ‘death by a thousand cuts,’ like this is the little things that we interact with on the day-to-day. So in that regard, I definitely personally prioritize the microaggressions, just because that’s the kind of racism we experience.”

Sei said that possible solutions could be working towards making an environment where students feel comfortable to talk about these microaggressions with faculty members and emphasizing the sources of peer support.

Rhee called on the University administration to do better in understanding the experiences of Black, Indigenous and people of color on a local level and national scale.

“I feel like sometimes there’s kind of a demonstrated lack of awareness or lack of acknowledgement of a lot of traumatic things that have happened,” Rhee said. “Sometimes there’s no mention of obvious violence going on in the world and on campus, so more transparency about that. … There’s a lot of people on the admin talking about anti-Asian hate, and that’s been recognized as an event that’s happened recently. But that type of violence and vitriol is always present for Black and brown communities … so I think there’s a lot of recognition that still needs to be done.”

Zaporah Price | zaporah.price@yale.edu

 

Correction, April 14: The story has been updated to include that the OIEA active recruitment is currently happening and that the new hires will begin in early summer, according to Conklin. 

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