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. Misthiocracy got drunk and Member
    Misthiocracy got drunk and
    @Misthiocracy

    JesseMcVay (View Comment):

    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.

    What, no love for Ben Carson at HUD?

    • #91
  2. The Cynthonian Inactive
    The Cynthonian
    @TheCynthonian

    Powerline has an update today.   https://www.powerlineblog.com/archives/2020/09/princeton-responds-to-the-department-of-education.php  It appears that Princeton is trying to brazen it out.   Don’t think it’s going to work.   At least, I profoundly hope it doesn’t. 

     

    • #92
  3. kedavis Coolidge
    kedavis
    @kedavis

    The Cynthonian (View Comment):

    Powerline has an update today. https://www.powerlineblog.com/archives/2020/09/princeton-responds-to-the-department-of-education.php It appears that Princeton is trying to brazen it out. Don’t think it’s going to work. At least, I profoundly hope it doesn’t.

     

    Sounds like “Just because WE said we’re racist, doesn’t mean YOU can!”

    • #93
  4. Flicker Coolidge
    Flicker
    @Flicker

    Full Size Tabby (View Comment):

    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 then the university could not currently make the new certifications required for new or continuing government funding (grants and research contracts from any agency, not just Department of Education). Few if any large universities can survive without those federal grants and contracts.

    Maybe the racism they confess to is extra-legal meta-racism that cannot be quantified or listed on a Title VI certification.

    • #94
  5. J. D. Fitzpatrick Member
    J. D. Fitzpatrick
    @JDFitzpatrick

    The funny thing here is that Devos is just the adult in the room trying to save Princeton from itself.

    She’s like the mom who shows up at the “peaceful protest” her daughter is attending, eyes the flames in the distance, rolls down the car window, and says, “Get in honey; we’re going home.”

    • #95
  6. Richard Fulmer Inactive
    Richard Fulmer
    @RichardFulmer

    The Cynthonian (View Comment):

    Powerline has an update today. https://www.powerlineblog.com/archives/2020/09/princeton-responds-to-the-department-of-education.php It appears that Princeton is trying to brazen it out. Don’t think it’s going to work. At least, I profoundly hope it doesn’t.

    I agree that it won’t work because the DoE letter demanded specifics: Who was damaged and how were they damaged by Princeton’s admitted persistent racism?  Princeton’s preliminary response appears to be an attempt to deflect by focusing on “the nation’s history and the current effects of systemic racism” and to hide behind vague words and phrases such as “maintaining a community where all can thrive” and “systemic racism.”

    The statement that Princeton “stands by its representations to the Department and the public that it complies with all laws and regulations governing equal opportunity, non-discrimination and harassment,” might suggest their line of defense.  That is, we met the letter of the law, we did what the regulations told us to do.  If the law wasn’t sufficient that’s not Princeton’s fault, the fault lies with the law’s inadequacy. 

    They may also highlight areas in which they went beyond the letter of the law in order to deal with the law’s “emanations and penumbras.” 

    None of that, however, is responsive to the DoE’s demand for specifics.  Eisgruber’s open letter flatly stated that Princeton’s persistent racism hurt people.  Princeton still needs to identify who was hurt and how.

    • #96
  7. Flicker Coolidge
    Flicker
    @Flicker

    DrewInWisconsin, Man of Consta… (View Comment):

    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!)

    Misthiocracy got drunk and (View Comment):

    Saint Augustine (View Comment):

    Arahant (View Comment):

    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.

    And if Princeton says that there is no systemic racism, then that is the first major thrust in the argument against the existence of systemic racism.  Someone would finally be telling the truth, that systemic racism has no clothes.

    • #97
  8. cdor Member
    cdor
    @cdor

    Jerry Giordano (Arizona Patrio… (View Comment):

    Jerry Giordano (Arizona Patrio… (View Comment):

    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.

    In this case, however, white is just an incorrect description of the color of a Caucasian’s skin. No human being has white skin, just as no human being has black skin. These descriptives are used to intentionally increase divisiveness by using colors that are polar opposites.

    • #98
  9. Flicker Coolidge
    Flicker
    @Flicker

    Richard Fulmer (View Comment):
    I agree that it won’t work because the DoE letter demanded specifics: Who was damaged and how were they damaged by Princeton’s admitted persistent racism?

    I don’t think the effort is to prosecute but to call “systemic racism’s” bluff.

    • #99
  10. Rodin Member
    Rodin
    @Rodin

    The statement that Princeton released today in response is disingenuous:

     It is unfortunate that the Department appears to believe that grappling honestly with the nation’s history and the current effects of systemic racism runs afoul of existing law. 

    There was nothing in the DoE letter that said this. What they did say was: Given your official statements made by the President of the University, you raise a question as to whether your certifications in the past were correct. If those certifications were in fact not correct and/or you have been discriminatory notwithstanding your representations in the past, you are then in violation of the law.

     

    • #100
  11. Anamcara Inactive
    Anamcara
    @Anamcara

    @ Saint Augustine

    Their students sure thought they meant it as they marched through city streets hurling frozen water bottles here and there.

    • #101
  12. The Cynthonian Inactive
    The Cynthonian
    @TheCynthonian

    Another good piece about this in City Journal:    https://www.city-journal.org/systemic-racism-princeton

    • #102
  13. MARTIN WORNATH Coolidge
    MARTIN WORNATH
    @ManOfTheWest

    Brilliant!  Mind if I post this on FB.

    • #103
  14. Gromrus Member
    Gromrus
    @Gromrus

    As an example of political trollery, this is brilliant and thoroughly enjoyable.

    However, what it the teeth is this, other than making the Princeton president’s and General Counsel’s lives miserable for a few months?  In the B-H / H-B administration this will be dropped like a hot potato.

    • #104
  15. Fake John/Jane Galt Coolidge
    Fake John/Jane Galt
    @FakeJohnJaneGalt

    Gromrus (View Comment):

    As an example of political trollery, this is brilliant and thoroughly enjoyable.

    However, what it the teeth is this, other than making the Princeton president’s and General Counsel’s lives miserable for a few months? In the B-H / H-B administration this will be dropped like a hot potato.

    True.  Once the Democrats are in office we will be forced to bend knee and declare our white racism.  

    • #105
  16. Rodin Member
    Rodin
    @Rodin

    Gromrus (View Comment):

    As an example of political trollery, this is brilliant and thoroughly enjoyable.

    However, what it the teeth is this, other than making the Princeton president’s and General Counsel’s lives miserable for a few months? In the B-H / H-B administration this will be dropped like a hot potato.

    I think it is a bit more than trollery. If Biden gets a clear win on 11/3 then, yes, it’s over. But the odds are that the outcome of the election is not known until 2021. You’ve got production deadlines that are coming due before then. You have penalties for failure to comply. If Trump wins you have made your position even worse if you don’t take the investigation seriously and or take steps to walk back the “confession.” They will want to do as much as they can to delay in the hopes of a Biden win, but they will adopt some middle strategy and not simply stand on their posturing. There will be discussions amongst trustees about this. This will not simply be filed in the dead letter box as you would with normal trolling. This is work and expense.

    • #106
  17. The Reticulator Member
    The Reticulator
    @TheReticulator

    Saint Augustine (View Comment):

    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.

    Which? Weirdos or honest?  Or younger? 

    • #107
  18. The Reticulator Member
    The Reticulator
    @TheReticulator

    JesseMcVay (View Comment):

    Arahant (View Comment):

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

    And expand the Education Department’s SWAT Team.

    Was the DOE one of those departments that stocked up on guns and ammo during the Obama administration?

     

     

     

    • #108
  19. Arahant Member
    Arahant
    @Arahant

    The Reticulator (View Comment):

    Saint Augustine (View Comment):

    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.

    Which? Weirdos or honest? Or younger?

    I think he meant homeschooling parents, but embrace the power of “and.”

    • #109
  20. Saint Augustine Member
    Saint Augustine
    @SaintAugustine

    Arahant (View Comment):

    The Reticulator (View Comment):

    Saint Augustine (View Comment):

    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.

    Which? Weirdos or honest? Or younger?

    I think he meant homeschooling parents, but embrace the power of “and.”

    Weirdos. Homeschooling parents.

    “I’m 37; I’m not old.”

    • #110
  21. Fake John/Jane Galt Coolidge
    Fake John/Jane Galt
    @FakeJohnJaneGalt

    Saint Augustine (View Comment):

    Arahant (View Comment):

    The Reticulator (View Comment):

    Saint Augustine (View Comment):

    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.

    Which? Weirdos or honest? Or younger?

    I think he meant homeschooling parents, but embrace the power of “and.”

    Weirdos. Homeschooling parents.

    “I’m 37; I’m not old.”

    Your 37?  I thought you were closer to 70

    • #111
  22. Saint Augustine Member
    Saint Augustine
    @SaintAugustine

    Fake John/Jane Galt (View Comment):

    Saint Augustine (View Comment):

    Arahant (View Comment):

    The Reticulator (View Comment):

    Saint Augustine (View Comment):

    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.

    Which? Weirdos or honest? Or younger?

    I think he meant homeschooling parents, but embrace the power of “and.”

    Weirdos. Homeschooling parents.

    “I’m 37; I’m not old.”

    Your 37? I thought you were closer to 70

    I think so. Mrs. Augustine keeps track of that sort of thing, but the arithmetic seems to check out: 2020-1983.

    • #112
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