4 - Friday, January 31, 2014 The Michigan Daily - michigandaily.com 4 - Friday, January 31, 2014 The Michigan Daily - michigandailycom b 1i*id0igan 0aU Edited and managed by students at the University of Michigan since 1890. 420 Maynard St. Ann Arbor, MI 48109 tothedaily@michigandaily.com MEGAN MCDONALD PETER SHAHIN and DANIEL WANG KATIE BURKE EDITOR IN CHIEF EDITORIAL PAGE EDITORS MANAGING EDITOR Unsigned editorials reflect the official position of the Daily's editorial board. All other signed articles and illustrations represent solely the views of their authors. A shameful response The University's failure to respond to public pressure is unacceptable New information regarding the intricacies of the Family Educational Rights and Privacy Act has revealed that the University's recent behavior in response to Brendan Gibbons' expulsion is deeply suspicious. In the last two days, the University has neglected any opportunity to speak out and address the public criticisms directed toward it. Instead, administrators have invoked a number of furtive internal policies and vaguely "It's a combination of being sensitive to FERPA, the law, as well as the University policies that are more restrictive than FERPA." - University spokesman Rick Fitzgerald said to the Michigan Daily in an explanation to not discussing disciplinary records of Brendan Gibbons. A foundation for cooperation interpreted laws to explain its silence. At best, this case indicates an unbelievable lack of communication between University units. On Nov. 20, 2013, the University's Office of Student Conflict Resolution signed a docu- ment stating that the Office of Institutional Equity determined there was a preponderance of evidence finding former Michigan kicker Brendan Gibbons responsible for an incident of alleged sexual assault in November of 2009. This meant that the University had already decided that Gibbons was - in the eyes of the school - responsible for a sexual misconduct that was deemed "so severe as to create a hos- tile, offensive or abusive environment," which led to his eventual expulsion. Yet three days later, on Nov. 23, Gibbons was allowed to play in Michigan's football game against Iowa. He kicked three extra points for the team. Unless it is school procedure to allow a stu- dent-athlete in violation of the Student Sexual Misconduct Policy to participate in University- sanctioned athletic events, there was a com- plete and utter breakdown in communication. University officials - in OIE, OSCR, the Ath- letic Department or all three - knowingly allowed a perpetrator of sexual misconduct to represent the school in a football game that undoubtedly generated profit for the Univer- sity. This is unacceptable on any level. More specifically, Michigan coach Brady Hoke's behavior has raised eyebrows in the public conversation. After OIE found Gibbons. to be responsible for an act of sexual miscon- duct, OSCR sent a letter to Gibbons informing him of his permanent separation from the Uni- versity. The letter was received and signed by Gibbons on Dec. 19. By signing the document, Gibbons waived his right to appeal the sanc- tion. Athletic Department spokesman Dave Ablauf confirmed that Gibbons had met with the department around that time, adding, "That could have been the time that Brendan Gibbons talked to coach Hoke." It is possible that the Athletic Department met with Gibbons without Hoke, but it seems illogical for the head coach of the student involved to be uninformed of the situation. Four days later, on Dec. 23, Hoke announced that Gibbons would not play in the Buffalo Wild Wings Bowl due to a "family mat- ter." The University may have instructed Hoke to act the way he did in order to adhere to its ill-reasoned policy and weak interpretation of FERPA, but someone is still to blame for obfus- cating the truth. Doubt in the University's innocence is sinking in as the administration continues to withhold answers. Currently, the Univer- sity's official stance is to cite school policy and FERPA as reasoning for its decision to decline comment. However, in an interview with the Daily, Frank LoMonte, executive director of the Student Press Law Center, stated that since Gibbons was determined by University inves- tigators to be responsible in an allegation of sexual assault, FERPA does not apply: "They're just wrongthat FERPA applies to a finding that a person committed sexual assault." If Gibbons' violation constitutes a sexual assault rather than sexual harassment, the University, legally, cannot use FERPA as an excuse to keep silent. Given the severity of the punishment, LoMonte believes that it is "highly doubt- ful" that Gibbons' actions can be defined as sexual harassment. In a previous statement, University spokesman Rick Fitzgerald said the administration was refusing to com- ment in order to comply with internal poli- cies "that are more restrictive than FERPA." Since FERPA does not protect the school in cases of alleged sexual assault, Fitzgerald is implying that the school has a policy in place that allows the University to sit quietly while its students, alumni and faculty demand answers. If the University simply refuses to answer questions, it should say so. Attempting to broadly - and potentially inaccurately - interpret laws or school policies as an excuse for remaining mute is an act of cowardice. T he scope and size of the largest municipal bankruptcy in U.S. history requires innovative, creative and bold solutions . of a similar y magnitude. it It looks like that's r what Judge Gerald Rosen, ALEXANDER appointed HERMANN mediator of Detroit's ongoing bankruptcy proceedings, is currently devising. On Wednesday, the Detroit Insti- tute of Art pledged $100 million toward a fund set aside to protect the museum's artwork and Detroit retiree pensions from significant cuts - assisting Emergency Man- ager Kevyn Orr's thankless task of hammering out a compromise agreeable to the city, its many credi- tors and ultimately, bankruptcy judge Steven Rhodes. The money was pooled with the $370 million already committed by national and local foundations, plus an antici- pated $350 million from the state championed by Gov. Rick Snyder - pending a difficult road to approval in the legislature. When the Detroit Free Press first announced Rosen's pursuit of this "grand bargain" in early December, with the explicit intention of rais- ing $500 million from foundations, I was extremely skeptical of the apparent pipe dream. After grant writing for a Detroit-based non- profit before returning to graduate school, I learned firsthand how stingy foundations can be when presented with new, uncertain and risky ventures. Further, sim- ply impacting Detroit's pension systems - underfunded by $3.5 billion according to city estimates - enough to appease Rhodes would require substantial investments. At the same time, the founda- tions must avoid jeopardizing the important work these foundations already do in Detroit and cities across the country. In one sense, the foundations' commitment to Detroit pensions and DIA artwork represents an unprecedented level of regional cooperation, an elevated arrange- ment of public-private partnerships and an impressive expansion of tra- ditional foundation clout unseen in Southeast Michigan. The foundations' acquiescence is especially surprising when con- sidering the vast differences in the foundations themselves - the 10 foundations have starkly varying geographic interests, programmatic priorities, budgetary constraints and ties to Detroit. The Kresge and Ford Founda- tions, representing a combined $225 million pledged to Rosen's deal, seem like the two most natu- ral allies. Kresge, based in Troy, has worked extensively toward Detroit's revitalization, most vis- ibly as a primary backer of Detroit Future City, a near-comprehensive strategic framework guiding com- munity development, investment and charitable givingcitywide. The Ford Foundation's obvious connec- That's why Snyder, and even the DIA itself, should be applauded for bolstering the foundations' efforts through near-matchingcommit- ments - recognizing that what's good for Detroit is good for the state as a whole. In an interview with the Daily, University Prof. Barry Rabe, direc- tor of the Center for Local, State and Urban Policy, said these actions could potentially be viewed in the context of increasing metropolitan- ism in the region. Rabe cites the Tri-county millage, approved in 2012 by residents of Macomb, Oak- land and Wayne counties to directly support the DIA during a period of uncertain funding for the museum, the recently created regional trans- portation authority and current dis- cussions to develop a regional water authority as key examples. At the very least, the foundations' unprecedented move helps prevent the collapse of the DIA millage, which generates $22 million annu- ally for the museum. Largely due to Rosen's efforts, current trends dic- tate that DIA artwork will remain tions to Detroit, despite being currently locat- ed in New York, are more than just symbolic, but show contin- ued investment in Detroit-based institutions and causes. However, somewhat The foundations' unprecedented move helps prevent the collapse of the DIA millage. entirely intact, and circling creditors will be kept at bay. Alternatively, selling DIA art would have destroyed the millage, if not the DIA entirely. Regardless, it's clear that more surprising contributions.have come from the John S. and James L. Knight Foundation - headquar- tered in Miami but prioritizing 26 communities across the United States - and the Mott and Kellogg Foundations, based in Flint and Battle Creek, respectively. Each foundation recognized the gravity of the challenges facing Detroit, the need for greater region- al cooperation and the real demand for foundations to step outside their normal scope of giving to help pro- tect retiree pensions and Detroit's most important landmark. foundations have a key role to play in an increas- ingly regional Detroit. "[Metro Detroit has] basically gone from being anti-regional or non-regional to having a bit of a presence of significant regionaliza- tion," Rabe said. "I think we've been going through a period where foun- dations are beginning to think more strategically, and not just about grant strategy more broadly, but linking it to more localized or com- munity themes." - Alexander Hermann can be reached at aherm@umich.edu EDITORIAL BOARD MEMBERS Barry Belmont, Rima Fadlallah, Nivedita Karki, Jordyn Kay, Kellie Halushka, Aarica Marsh, Megan McDonald, Victoria Noble, Michael Schramm, Matthew Seligman, Paul Sherman, Allison Raeck, Daniel Wang, Derek Wolfe DEREK MAGILL AND CODY CHIPMAN I Fostering intellectual diversity INTERESTED IN CAMPUS ISSUES? POLITICS? SEX, DRUGS AND ROCK'N'ROLL? Check out The Michigan Daily's editorial board meetings. Every Monday and Thursday at 6pm, the Daily's opinion staff meets to discuss both University and national affairs and write editorials. E-mail opinioneditors@michigandaily.com to join in the debate. SEND LETTERS TO: TOTHEDAILY@MICHIGANDAILY.COM Dear President Coleman, We are writing to you to voice our con- cerns about the state of the intellectual cli- mate on campus. On Jan. 16, Provost Martha Pollack addressed an e-mail to the Univer- sity of Michigan community which affirmed "both the university's" and her "own strong commitment to diversity and to creating a welcoming and inclusive community." We applaud this effort. We question, however, as any student who has spent time on this campus must do, what exactly is meant by "diversity" and "inclusiveness." If, by these two much-abused terms, you mean primar- ily race, gender and religion, then we'd ask that you qualify your future statements about these matters to "diversity and inclusive- ness within a narrow set of parameters." If, however, you meant to affirm your commit- ment to diversity as it is properly defined - a condition of being composed of differing ele- ments or qualities - we ask that you ques- tion whether your administration has done an adequate job at promoting such diversity, and whether Provost Pollack's e-mail did not leave out gaping holes in the diversity pro- gram of the University. As students at the University, we have become keenly aware that there is a general underrepresentation of libertarian and con- servative views on campus. Nearly every course we have taken has been taught from a liberal perspective by a liberal professor. This is troubling not because liberalism is being promoted on campus, but because of the general lack of opposing viewpoints stu- dents have access to. A campus ought to be a free marketplace of ideas where students can reevaluate and refine the beliefs that will shape the rest of their lives. If all schools of thought are not more equally represented, many students may never encounter them in a fair setting. For a university that prides itself on its supposed liberal values, this is unac- ceptable. Moreover, it is dishonest. We would ask that you force students to take courses that fairly represent libertarian thought, as you have done with other course requirements, but we could not do so with- out forfeiting our character as libertarians. Rather, we ask simply that you make these courses available; that, for example, the free market school of thought be entered into the economics curriculum tobe taught by compe- tent and fair free market professors; that his- tory courses taught from perspectives other than the postmodern be made available; that for every course on race and ethnicity, there be a course on intellectual diversity which includes liberal, conservative and libertarian cultural and political ideas. We ask, additionally, that an increased budget be developed and extracurricular programs created to help foster this intellec- tual diversity outside of the classroom. This would allow students from across disciplines to engage in fair-minded and open discussion with their peers about all ideologies, not just those the University sanctions. As a public institution, it is your obliga- tion to represent all schools of political and cultural thought - and to better reflect the diversity of views in our state. Please live up to this duty, and to the standards you claim to have set for yourselves. Humbly submitted, Derek Magill and Cody Chipman Young Americans for Liberty P.S. Go Blue! Derek Magill and Cody Chipman are LSA sophomores, A full explanation is required TO THE DAILY: Dear President Coleman, I am writing, as a Michigan alum, to express my great disappointment and concern regarding the Univer- sity's handling of the 2009 sexual assault investigation of Brendan Gibbons. Even granting the Univer- sity the most generous benefit of the doubt, its treatment of this matter was incompetent and opaque at best. At worst, the University prioritized its athletic program over community safety, willfully subverted a criminal investigation and contributed to the Signaling support for survivors of sexual violence TO THE DAILY: There has been a lot of specula- tion and discussion surrounding the former Michigan kicker Bren- dan Gibbons story - the timeline, the administration's reasoning, the Athletic Department's knowledge. What has struck me, though, is the overall campus response toward Gibbons and the woman involved. In many cases, when an ath- lete, especially a high-profile one, is involved in an alleged sexual victimization of one of its students. gibility ended - is quite clearly an I have always been incred- inadequate response. Because the ibly proud to call myself a Michigan athletic department and administra- Wolverine and am grateful for the tion have proven themselves inca- opportunities that a Michigan edu- pable of handling this matter in an cation has offered me. Today, how- objective and competent manner, an ever, I feel profoundly ashamed and independent investigation is neces- betrayed. Of course, I cannot begin to sary. Absent to a transparent and imagine how the young victim feels. impartial inquiry, the University will The University failed her when she be unable to restore its credibility. most needed its support. It also sent Until this administration offers a clear message to future victims and a full explanation of its actions and perpetrators: sexual assault allega- takes necessary steps to remedy its tions will not be taken seriously at plainly defective sexual assault pro- the University of Michigan, particu- cedures, I plan to withhold financial larly when field goals are at stake. support from the University and will Mr. Gibbons' "permanent sepa- not return to campus. ration" from the University four years after his alleged sexual assault Celia Rhoads - conveniently as his athletic eli- 2009 Alum assault, the public turns on the on this campus, but the University's woman involved. There are laments support is less clear. Without more about how his life has been ruined, explanation for the University's four- how much promise he had, and year timeline, it seems reasonable to how horrible she is. What is amaz- ask: What message does this send to ing about our campus community women on campus? The complaint is that the overwhelming response about the assault was made in 2009. has been one of support for the Gibbons was never suspended or put woman and a questioning of why on probation before he was perma- the complaint of the alleged assault nently separated. Since the Univer- was made in 2009, but no decision sity refuses to clarify the details, the was made on Gibbons until now. message is unclear. But the actions People are appalled that the per- certainly don't signal a strong com- manent separation just happens to mitment to women's safety or to coincide with the end of his athletic the safety and well-being of sexual eligibility, calling into question the assault survivors. University's priorities. The response has underscored the Erin Kwederis support for sexual assault survivors LSA Junior I I a