In his statement Wednesday as chair of the Duke Board of Trustees regarding the charges against three members of the Duke men's lacrosse team, Robert Steel wrote, "We believe that it was essential for the University to defer to the criminal justice system." Of course, the criminal justice system presumes people innocent until proven guilty. Duke did not do that. It did not defer to the criminal justice system, it took action based on allegations that turned out to be unfounded.
In addition, in excess of 80 members of the Duke faculty signed a petition demanding action based on an allegation. That does not say much for their academic rigor nor their understanding of the justice system. While tenure no doubt protects these faculty members, as it should, there is no reason not to publish their names and their petition at this time so that students can choose from whom they will take courses.
There is nothing extraordinary about how Duke handled the matter. It did that which most institutions of higher education would do. It protected the institution at the expense of the students. There is nothing remarkable or outstanding about that.
Steel said: "There is no question that there are some things that might have been done differently." While there may be no legal liability to the University, it appears that organizational protection and not the interest of the students is upmost in Steel's mind. His word's might have greater meaning if the University gave each student a significant check without asking for any release from liability. That gesture might have shown some real self-reflection, but it is likely the thought never occurred because perhaps it was not the students in whom Steel was really interested. It appears that his real interest was damage control for the University as an organization.
J. David Kerr
Mount Pleasant, Mich.
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