The following letter was adopted by the Northwestern University Philosophy Graduate Students by way of a vote:
As many in the philosophical community already know, sexual misconduct is a prevalent problem in the discipline. Our department is currently bearing the weight of its own controversy regarding sexual misconduct, and we fear that particular developments in the situation at our institution could have far-reaching consequences for victims elsewhere and going forward. After being accused by two different students of sexual assault, and being found responsible for sexual harassment by the university’s Sexual Harassment Prevention Office in each case, a member of our faculty responded by suing (among others) the university, one of his colleagues, and, most troubling to us, a graduate student.
While some of the legal matters await final resolution, litigation itself raises new practical and ethical considerations. Anyone named as a defendant in a legal complaint will naturally be advised by her* attorney not to discuss the matter with others. The silencing effects for a student who is sued by a professor for alleging sexual misconduct within her university's own reporting procedures must be distressing: she will likely be isolated against her will from educational, professional, and personal support networks by someone who has proven willing to sue not only her, but also those who would support her.
Many instances of sexual misconduct go unreported, in large part because the risks of reporting are many and serious while the potential gains are very slim. The risks of further loss of community, of damaging actual and potential professional relationships, of not being believed, or of being reduced to how one has been treated, rather than being perceived as an intelligent, talented, and valuable individual and member of a community, already deter victims from reporting. Add to these risks the possibility of being named in a lawsuit (and the consequent potential for financial ruin if not indemnified) as well as having personal information and details of a traumatic experience made public, and the hazards are substantially multiplied.**
The pursuit of this legal strategy and its silencing effects should be troubling to the philosophical community. Suing a graduate student for filing an internal, and otherwise confidential, sexual misconduct complaint is intolerable. If the legal strategy implemented by this faculty member is treated as acceptable, it is not only injustice to our fellow graduate student that is at stake--though this is a substantial concern in itself. The implications for victims going forward, within the profession and otherwise, are staggering. Treating such an approach as acceptable effectively amounts to accepting those implications, as well as silence for ourselves. It should be noted that even if a faculty member feels that their due process rights have been infringed upon, and even if no university grievance process is available, there are other courses of action available under, for example, Title VII and Title IX. Consequently, we feel we must vigorously repudiate this legal tactic and provide vocal support to those whose voice would be taken from them.
One necessary step to adequately supporting victims is opening up communication between administrators, faculty, and graduate students, both within departments and across them. We hope that the discipline’s internal conversation regarding sexual misconduct will continue, that it is honest yet sensitive to issues of vulnerability and power dynamics, and that we do not avoid confronting discrimination and exclusion because we are too concerned with privacy to do anything at all. When we act as if privacy concerns cannot be appropriately balanced with substantive communication, we only exacerbate the stigma that victims already feel. The fact that philosophy departments have become a central battleground for rights to non-discrimination in academic settings is a result of a collective failure on the part of our discipline, and as such will require collective action to rectify it. We hope this letter will serve as a small step towards that end.
We admire our fellow graduate student for her strength and bravery and are proud to share an intellectual home with a colleague who is both uncommonly brilliant and courageous. We stand with her, and in support of victims everywhere.
*While we are using the feminine pronoun, this is applicable to persons of any gender.
**Here, we do not mean to claim that personal information need accurately be made public. Unfortunately, whoever initiates a legal complaint has the advantage of being able to make public a narrative of events that indeed need not be accurate, or even approximately accurate, unless it is to prevail in court. When filing a motion to dismiss, a defendant does not have the opportunity to dispute matters of fact. This only underscores our concern about the impact this new precedent may have on victims.