Hoist Them On Their Own Petard, Betsy!

 

I’m a bit giddy with schadenfreude. It’s probably because I’m a nerd of a lawyer.

Betsy DeVos has been a terrific Secretary of Education. Yesterday, her department sent a letter to the President of Princeton about Princeton’s admission of racism. Here are some excerpts (citations omitted)

Since you became President in 2013, and in exchange for well over $75 million in federal Title IV taxpayer funds alone, Princeton University (“Princeton”) has repeatedly represented and warranted to the U.S. Department of Education (“Department”) Princeton’s compliance with Title VI of the Civil Rights Act of 1964 . . .. Title VI provides no person in the United States shall, on the ground of race, color, or national origin, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal assistance. Also, Princeton has made many material nondiscrimination and equal opportunity representations to students, parents, and consumers in the market for education certificates during this time.

On September 2, 2020, you admitted Princeton’s educational program is and for decades has been racist. Among other things, you said “[r]acism and the damage it does to people of color persist at Princeton . . .” and “[r]acist assumptions . . . remain embedded in structures of the University itself.” . . . Because of racism, you announced race-based “diversity” measures for hiring, procurement, teaching, fellowship, and research funding.

Based on its admitted racism, the U.S. Department of Education (“Department”) is concerned Princeton’s nondiscrimination and equal opportunity assurances in its Program Participation Agreements from at least 2013 to the present may have been false. The Department is further concerned Princeton perhaps knew, or should have known, these assurances were false at the time they were made. Finally, the Department is further concerned Princeton’s many nondiscrimination and equal opportunity claims to students, parents, and consumers in the market for education certificates may have been false, misleading, and actionable substantial misrepresentations in violation of [federal statute and regulation]. Therefore, the Department’s Office of Postsecondary Education, in consultation with the Department’s Office of the General Counsel, is opening this investigation.

. . .

Based on the facts, the Secretary of Education may consider measures against Princeton for false Program Participation Agreement nondiscrimination assurances, including an action to recover funds. Also, she may consider measures against Princeton for making substantial misrepresentations about the nature of its educational programs, including a fine proceeding. . . .

Wow.

So, your university is racist. Is it, Mr. Princeton President? Then your university lied to the federal government, lied to students, lied to parents, and lied to others, over and over again. Your university repeatedly violated the anti-discrimination law. Give us back all of that federal money, at least $75 million.

An article by the Washington Examiner, which includes the full letter, is here.

The letter demands voluminous records within 21 days, plus answers to written questions, plus the production of the President of Princeton and a corporate representative within 28 days for an interview under oath. A couple of the documents requests are just priceless (if you’re a nerd of a lawyer):

All records concerning, relating to, or referencing Princeton’s “systemic” and/or “embedded” racism, as those terms are used in the President’s Letter. The time frame for this request is January 1, 2013 to the present.

A spreadsheet identifying each person who has, on the ground of race, color, or national origin, been excluded from participation in, been denied the benefits of, or been subjected to discrimination under any program or activity receiving Federal financial assistance as a result of Princeton’s racism or “damage” referenced in the President’s Letter.

Then there’s this written question, which must be answered within 21 days:

The President’s Letter admits “Racism and the damage it does to people of color . . . persist(s) at Princeton” and racist assumptions “remain embedded in structures of the University itself.” Do these admissions mean Princeton’s nondiscrimination and equal opportunity assurances and representations to the Department and/or its students, parents, and consumers in the market for education certificates have been false and misleading? If not, why not?

Go Betsy! Strike first, strike hard, no mercy sir!

I hope that this is just the first of many such letters and investigations. I hope that the Department of Education is relentless in demanding refund of money and imposing fines for false statements.

BLM delenda est.

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  1. DrewInWisconsin, Man of Constant Sorrow Member
    DrewInWisconsin, Man of Constant Sorrow
    @DrewInWisconsin

    kedavis (View Comment):

    Jerry Giordano (Arizona Patrio… (View Comment):

    PHCheese (View Comment):

    Aren’t we all some color or another?. So any deviation form specific requirements for anyone of any color would be discriminatory.

    Some colors are more equal than others, apparently.

    White isn’t a color. White is the absence of color. White is a hideous nullity, like a fish belly, especially if the fish is rotten and smelly. At least, this seems to be the theory put forward by people like Kendi and DiAngelo. Maybe I’m not clever enough to understand the nuance of their position.

    Actually, no. White is ALL colors of light, together, and a prism can separate them. If white was the absence of color, a prism wouldn’t do anything. And space isn’t black because it has ALL colors.

    It depends? Are we talking additive colors or subtractive colors? Did God use CMYK or RGB when he knitted us together?

    • #61
  2. DrewInWisconsin, Man of Constant Sorrow Member
    DrewInWisconsin, Man of Constant Sorrow
    @DrewInWisconsin

    Gazpacho Grande' (View Comment):
    Maybe if Biden gets in he Harris can make it even more ruinous.

    FTFY.

    • #62
  3. David Carroll Thatcher
    David Carroll
    @DavidCarroll

    Princeton needs an emergency meeting of the board of trustees to fire that racist president.

    • #63
  4. EB Thatcher
    EB
    @EB

    kedavis (View Comment):
    Actually, no. White is ALL colors of light, together, and a prism can separate them. If white was the absence of color, a prism wouldn’t do anything. And space isn’t black because it has ALL colors.

    Depends on whether you are talking about light or pigments. White is all colors in light, no colors in material, like paint for instance.

     

    • #64
  5. Theodoric of Freiberg Inactive
    Theodoric of Freiberg
    @TheodoricofFreiberg

    I love these people. The president of Princeton University says his institution is racist, as if he is just a reporter and has no control over what goes on at his school.

    • #65
  6. Lois Lane Coolidge
    Lois Lane
    @LoisLane

    Saint Augustine (View Comment):

    Lois Lane (View Comment):
    I am a college professor, and the one big thing that I want from Covid–the only good thing I could see coming from it–would be the implosion of higher education.

    And more homeschooling for the kids.

    Heard on a podcast something about 7% of American kids dropping out of the public school system. Not 7% of the kids who were in it. 7% of the kids.

    I am a big fan of homeschooling, and I become a bigger fan all the time.  When I was younger I thought that those parents were weirdos, to be honest.  Now I think many are just smart.

    • #66
  7. Saint Augustine Member
    Saint Augustine
    @SaintAugustine

    Lois Lane (View Comment):
    When I was younger I thought that those parents were weirdos, to be honest.

    Well, Mrs. Augustine and I sure are.

    • #67
  8. Bob W Member
    Bob W
    @WBob

    Every time I see CEOs, university deans and others on TV promising to make their boards or workforces or student bodies more racially diverse, it’s always occurred to me, aren’t they admitting publicly right there that they are violating a federal law? What would happen at such a board meeting if one member objected and said Hey, we’re setting ourselves up to be prosecuted. Because what they are all doing violates the letter of the law. It’s as if there’s an unspoken gentleman’s agreement that only one interpretation of the law will be enforced. That’s a precarious position to be in if you have such a job. All it takes is for a change in a prosecutor’s interpretation of the law to get you in trouble.

    • #68
  9. Seawriter Contributor
    Seawriter
    @Seawriter

    Lois Lane (View Comment):
    am a big fan of homeschooling, and I become a bigger fan all the time. When I was younger I thought that those parents were weirdos, to be honest. Now I think many are just smart.

    My three were all homeschooled (largely due to the determination of my late wife).  One is now a senior engineer in an aerospace company (tech fellow level), one is the head of the pipeline engineering department at a civil engineering company. The third does CAD-CAM at a medical device manufacturer and working to finish his engineering degree. YMMV, but I got good results.

    • #69
  10. DrewInWisconsin, Man of Constant Sorrow Member
    DrewInWisconsin, Man of Constant Sorrow
    @DrewInWisconsin

    Lois Lane (View Comment):

    Saint Augustine (View Comment):

    Lois Lane (View Comment):
    I am a college professor, and the one big thing that I want from Covid–the only good thing I could see coming from it–would be the implosion of higher education.

    And more homeschooling for the kids.

    Heard on a podcast something about 7% of American kids dropping out of the public school system. Not 7% of the kids who were in it. 7% of the kids.

    I am a big fan of homeschooling, and I become a bigger fan all the time. When I was younger I thought that those parents were weirdos, to be honest. Now I think many are just smart.

    7% would be a doubling since 2012 when it was estimated that 3.5% of American children were home-educated. I can’t find any more recent figures with a cursory web-search.

    Homeschooling is wonderful if you can swing it. Financially, it’s been tough on us, and I look forward to the day when the kids are done and I can send my wife out to earn some income. But don’t tell her that! ; )   (Three more years! I gotta hang on for three more years!)

    • #70
  11. Charlotte Member
    Charlotte
    @Charlotte

    I love everything about this story.

    • #71
  12. Stad Coolidge
    Stad
    @Stad

    Time to grab a tub of buttered popcorn, kick back, and watch the show!

    • #72
  13. Rodin Member
    Rodin
    @Rodin

    Stad (View Comment):

    Time to grab a tub of buttered popcorn, kick back, and watch the show!

    Thought the same thing when the Durham probe kicked off, but now I am worried that all the good stuff was in the preview of coming attractions. (sigh)

    • #73
  14. Charlotte Member
    Charlotte
    @Charlotte

    I have the impression that pretty much every university (and every corporation for that matter) has made a similar public statement. Is there any reason why the Department of Education shouldn’t do the same thing to every single one (assuming they all receive federal money)?

    More, please.

    I cling to the perhaps naive hope that Feds cracking down on leftist institutions (ie, holding them to their own standards) will cause some of them to realize that this is what happens when the government is too big.

    • #74
  15. Stad Coolidge
    Stad
    @Stad

    Rodin (View Comment):

    Stad (View Comment):

    Time to grab a tub of buttered popcorn, kick back, and watch the show!

    Thought the same thing when the Durham probe kicked off, but now I am worried that all the good stuff was in the preview of coming attractions. (sigh)

    Legal processes are almost always slow, and when it’s something as serious as going after former senior government officials, you have to make sure every I is dotted and T crossed.

    • #75
  16. Vance Richards Inactive
    Vance Richards
    @VanceRichards

    Maybe the EEOC can go after companies who had their CEO’s bow to BLM and made statements like, “we need to do more to stop systemic racism.”

    • #76
  17. Richard Fulmer Inactive
    Richard Fulmer
    @RichardFulmer

    Stad (View Comment):

    Rodin (View Comment):

    Stad (View Comment):

    Time to grab a tub of buttered popcorn, kick back, and watch the show!

    Thought the same thing when the Durham probe kicked off, but now I am worried that all the good stuff was in the preview of coming attractions. (sigh)

    Legal processes are almost always slow, and when it’s something as serious as going after former senior government officials, you have to make sure every I is dotted and T crossed.

    I expect that Princeton will shop around for a Progressive judge who will issue an injunction on the DoE, and things will get bogged down until there’s a new administration.  Still, it’s been fun.  

    • #77
  18. Misthiocracy got drunk and Member
    Misthiocracy got drunk and
    @Misthiocracy

    Saint Augustine (View Comment):

    Arahant (View Comment):

    Saint Augustine (View Comment):

    Pardon me for being ignorant, I guess. But I want this to be more than just trollery, and I don’t understand what more it is exactly.

    As trollery goes, it would be magnificent. Super-hilarious and well-deserved. Rich, dark covfefe!

    The Princeton President’s letter implies that several laws were broken in certifications done by the Federal Government and that civil rights violations may have occurred. Why would the DoEd investigate?

    Was the Princeton President’s letter even trying to describe any actual facts? Or was it just leftist gobbledygook used to push society leftward?

    If the point is merely to call out the leftists on their spouting idiotic ideology, I’m not sure how that’s different from trollery.

    On the other hand, maybe it’s actual philosophy. Maybe it’s something along the lines of “Your publicly uttered words actually mean something, and they entail that you’ve broken some laws; therefore you have publicly confessed to crimes. So please go ahead and fill us in on the details.”

    Trollish covfefe I can enjoy, and maybe even support. Good philosophy I can enjoy, and unambiguously approve of. I think I can understand both of those things.

    But I don’t understand what else this is in terms of law. Is there some legal aspect to this I’m missing entirely? (Maybe I’m trying too hard; maybe it doesn’t even need to be anything else!)

    If the investigation finds that Princeton University lied on its applications for federal funding then the Department Of Education can take measures to recover those funds.  That’s the practical legal application of this investigation.

    • #78
  19. Jerry Giordano (Arizona Patrio… Member
    Jerry Giordano (Arizona Patrio…
    @ArizonaPatriot

    Vance Richards (View Comment):

    Maybe the EEOC can go after companies who had their CEO’s bow to BLM and made statements like, “we need to do more to stop systemic racism.”

    The effectiveness of this tactic will depend on the precise language used.

    The Princeton president confessed that his institution was racist.  There may be other universities and companies that issued similar statements.  One that I recall was from Brown University — you can read it here.

    While the Brown statement is mendacious, black supremacist groveling in my estimation, it does not actually say that Brown is racist.  It complains about racism generally.  I don’t think that the Brown statement could be used in the same way that the DOEd is using the Princeton statement.

    • #79
  20. Right Wing Teamster Lawyer Inactive
    Right Wing Teamster Lawyer
    @RightWingTeamsterLawyer

    Bravo Betsy!!  As Rush says/said, “Words have meaning.”

    Could this lead to the Princeton Pres saying, “I take it back I was only pandering.”

    • #80
  21. Richard Fulmer Inactive
    Richard Fulmer
    @RichardFulmer

    Right Wing Teamster Lawyer (View Comment):

    Bravo Betsy!! As Rush says/said, “Words have meaning.”

    Could this lead to the Princeton Pres saying, “I take it back I was only pandering.”

    The obvious truth is that the president was only pandering, but he would condemn himself in the eyes of the woke if he were to speak this truth.  Possibly, the president will be spared any such admission by exploiting legal delay tactics until another administration.  If not, the verbal gymnastics that his legal team uses will be interesting.

    • #81
  22. Chris Gregerson Member
    Chris Gregerson
    @ChrisGregerson

    Would this also apply to government contractors where there are FAR clauses against discrimination?

    • #82
  23. kedavis Coolidge
    kedavis
    @kedavis

    Flicker (View Comment):

    Well, Firstly, I was nearly gleeful when I first read that DeVos called them on their posturing. After all saying you’re not discriminating to the Feds when applying for money, and saying you are discriminating when talking to your clients is two-faced and lying to someone.

    But then again, it can be argued that the certifications that Princeton made yesterday, can be reinterpreted today using new found information. In this case, Princeton found out today, that discrimination is deeper and more pervasive than it ever thought, and deeper than even the US government suspected and inquired about. This knowledge is new and still needs to be vetted, but it apparently is there. And Princeton needs to address it aggressively from today onward.

    This is the easy out. Will they take it? I think so.

    But doesn’t that still admit that their previous certifications were false?

    • #83
  24. kedavis Coolidge
    kedavis
    @kedavis

    EB (View Comment):

    kedavis (View Comment):
    Actually, no. White is ALL colors of light, together, and a prism can separate them. If white was the absence of color, a prism wouldn’t do anything. And space isn’t black because it has ALL colors.

    Depends on whether you are talking about light or pigments. White is all colors in light, no colors in material, like paint for instance.

     

    The theory goes that “yellow” paint isn’t really “yellow,” it actually reflects yellow light (rather than absorb it).

    • #84
  25. kedavis Coolidge
    kedavis
    @kedavis

    Charlotte (View Comment):

    I have the impression that pretty much every university (and every corporation for that matter) has made a similar public statement. Is there any reason why the Department of Education shouldn’t do the same thing to every single one (assuming they all receive federal money)?

    More, please.

    I cling to the perhaps naive hope that Feds cracking down on leftist institutions (ie, holding them to their own standards) will cause some of them to realize that this is what happens when the government is too big.

    And perhaps a bonus is that the left should go along with it, rather than fight it.  It’s all part of eating their own.

    • #85
  26. kedavis Coolidge
    kedavis
    @kedavis

    Stad (View Comment):

    Rodin (View Comment):

    Stad (View Comment):

    Time to grab a tub of buttered popcorn, kick back, and watch the show!

    Thought the same thing when the Durham probe kicked off, but now I am worried that all the good stuff was in the preview of coming attractions. (sigh)

    Legal processes are almost always slow, and when it’s something as serious as going after former senior government officials, you have to make sure every I is dotted and T crossed.

    All Ts get crossed, one way or another.  But not all Is get dotted.

    • #86
  27. James Gawron Inactive
    James Gawron
    @JamesGawron

    Right Wing Teamster Lawyer (View Comment):
    Could this lead to the Princeton Pres saying, “I take it back I was only pandering.”

    RWTL,

    By George, you’ve hit on the, “I was only pandering” defense. Not since “temporary insanity” has there been such an all-purpose defense available. Trial lawyers everywhere are giddy with glee.

    Regards,

    Jim

    • #87
  28. Gossamer Cat Coolidge
    Gossamer Cat
    @GossamerCat

    Richard Fulmer (View Comment):

    Stad (View Comment):

    Rodin (View Comment):

    Stad (View Comment):

    Time to grab a tub of buttered popcorn, kick back, and watch the show!

    Thought the same thing when the Durham probe kicked off, but now I am worried that all the good stuff was in the preview of coming attractions. (sigh)

    Legal processes are almost always slow, and when it’s something as serious as going after former senior government officials, you have to make sure every I is dotted and T crossed.

    I expect that Princeton will shop around for a Progressive judge who will issue an injunction on the DoE, and things will get bogged down until there’s a new administration. Still, it’s been fun.

    I don’t care whether or not anything comes of it, it was a brilliant move!

    • #88
  29. JesseMcVay Inactive
    JesseMcVay
    @JesseMcVay

    Jerry:  I share your enthusiasm for this action by the Department of Education.  If Universities want to ape this mindless progressive mantra about systemic racism, fine.  Then give us our money back you racists!  Of course this is political, but sadly, that’s the way this game is played these days.  Bravo to Secretary DeVos for bringing a gun to the knife fight.

    Secretary DeVos is becoming my second favorite Cabinet Secretary.  Bill Barr is still #1.

    • #89
  30. JesseMcVay Inactive
    JesseMcVay
    @JesseMcVay

    Arahant (View Comment):

    The Cynthonian (View Comment):
    Better hire more investigators!

    And expand the Education Department’s SWAT Team.

     

    • #90
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