The following post is a comment submitted to the AAS CSWA blog post entitled “It’s Not Just Marcy, and the Grapevine Isn’t Enough” on November 29,2015. It hasn’t been published yet, and there’s been no communication to explain why. The post asks the community to reconsider the reason and integrity they have used in thinking about the social issues in astronomy. It also should cause us all to wonder a a blog of the American Astronomical Society censoring and biasing the conversations of its members.
There are serious concerns about due process for the accused under university Title IX policies. 28 faculty from the Harvard Law School voiced their objections to Harvard’s policy in the Boston Globe.
“Harvard has adopted procedures for deciding cases of alleged sexual misconduct which lack the most basic elements of fairness and due process, are overwhelmingly stacked against the accused, and are in no way required by Title IX law or regulation. Here our concerns include but are not limited to the following:
*The absence of any adequate opportunity to discover the facts charged and to confront witnesses and present a defense at an adversary hearing.
*The lodging of the functions of investigation, prosecution, fact-finding, and appellate review in one office, and the fact that that office is itself a Title IX compliance office rather than an entity that could be considered structurally impartial.
*The failure to ensure adequate representation for the accused, particularly for students unable to afford representation.”
All of these things are problematic with the UCB investigation of Geoff Marcy. There was no hearing. He did not have representation. And the UCB Title IX office had ONE officer do all of the interviews and write the report. So that one person was judge, jury, and executioner, and –like at Harvard–there is no step in the UC process that allows the accused to rebut the charges and face their accuser.
Marcy denied the “groping” charge that was reported 8 years after it allegedly happened. The investigator (one person) thought it was “more likely than not” true. But let’s think about this for a minute. This alleged action is substantially different than the other complaints, which mostly involved contact like a touch on the shoulder, a hug, a kiss on the cheek in a public place, or an intimate conversation. Yet it is clear from this blog post and the firestorm of the last six weeks that many assume he is guilty of the worst of the accusations. Guilty until proven innocent, yet no opportunity to prove anything.
So do you believe the woman at all costs? Even if the behavior someone is accused of is totally out of character? Even if others might have something to gain from causing another’s downfall? The conflicts of interest in this case are glaringly obvious to anyone who knows the field. Consider the possibility that UCB Vice-Chancellor Janet Broughton understood where this case fell on the spectrum of sexual harassment, and realizing that the latest incident was in 2010 and none of the incidents involved actual sex, requests for sex, or damage to careers, she meted out the appropriate punishment. Maybe she knew more about the facts of the matter than people who only read the headlines.
I and others have been appalled at how our community reacted to Geoff’s case. Some of the very people he has helped the most have jumped into the fray with their torches and pitchforks at his throat. If you are not ashamed of yourselves yet, you should be. And this suggestion to create a “serial sexual harassers” list has gone too far. It will help no one, especially not the women who are driving this action. America is a democracy, but the microcosm that is astronomy has lately been acting like a fascist state.
I expect that the blog author and her friends will flame back at me with accusations, exactly as Senator McCarthy did in the 1950s for those who spoke out against his witch hunt of people suspected of being Communist sympathizers. But it is time to move past the disagreements and name calling and get to the reasoned discussion of solutions besides public shaming and blacklists.
One tactic I have seen used in this blog is that comments that disagree with the most outspoken of the CSWA are not posted. But diverse opinions are essential for arriving at solutions. If this comment is not posted, I think others in the AAS will be interested to hear about how “moderation” is being used to control the conversation.
Posted for Anonymous