Kipnis on believing rape survivors

There have been several recent feminist reactions to Laura Kipnis's book that I've found pretty insightful. Here's a Jezebel piece focusing on the lawsuit; here's a very solid review by Jeremy C. Young, focusing on the harm the book does to university culture. I started blogging at length about this book a couple months back because I felt like no one was publicly articulating some of the obvious feminist perspective; I'm glad to see that others have started to write about it too. I had thought that my previous post would be my last on the topic, but I did have a new thought today in response to something I read in this series of "Short Takes" by Signs. Unlike the other critiques I've read, this one included a response by Kipnis herself.

The exchange I want to discuss is about rape and rape culture and involves some specifics. So consider yourself content advised.

Kipnis on Epistemology

Laura Kipnis's Unwanted Advances is, in important ways, a work of epistemology. It's not an academic monograph—don't file it in the philosophy section. But many of its most central questions are epistemic: given the murky circumstances, psychological complexity, and private details that characterize sexual misconduct allegations in academia, how are investigators or members of the public to know, or to come to reasonable beliefs about, what has happened?

Kipnis’s view is that the prevalent practices among student activists and campus administrators are epistemically faulty: we are, Kipnis thinks, far too quick to believe students' allegations of sexual harassment and assault. On p. 1 of the book she describes the campus status quo as "officially sanctioned hysteria" and a "sexual paranoia" akin to McCarthyism and the Salem witch trials. ("As in Salem," Kipnis quips on pp. 66–7, "the accusations of post-adolescent girls still factor heavily.")

In this post I’d like to express disagreement with some elements of Kipnis’s epistemic outlook. All the usual content warnings.

Guest Post: Kipnis on Title IX

The following is a guest post by Kathryn Pogin, a graduate student at Northwestern Philosophy and an incoming student Yale Law. She is a colleague of the student who is suing Kipnis and Harper Collins —Jonathan

Since the release of Unwanted Advances: Sexual Paranoia Comes to Campus, a recurring theme in public disagreement regarding the book has been that if critics believe the book is in error, they should be specific, and provide evidence, while critics were hesitant to do so when it seemed that would only further violate the privacy of those depicted in the book. Whether or not there were errors in the representation of events at Northwestern may be adjudicated in a more appropriate venue than blogs and Facebook now, anyway – but one thing I’ve found odd about this dynamic is that there are errors in the book about matters of public record.

Consider this passage:

“In 2011 the Department of Education’s office for Civil Rights (OCR) expanded Title IX’s mandate from gender discrimination to encompass sexual misconduct (everything from sexual harassment, to coercion, to assault, to rape), issuing guidelines so vague that I could be accused of ‘creating a hostile environment on campus’ for writing an essay. These vague guidelines (never subjected to any congressional review) take the form of what are called, with faux cordiality, ‘Dear Colleague’ letters—note the nebulously threatening inflections of overempowered civil servants everywhere.” (p. 36 of Unwanted Advances)

This is false. The 2011 Dear Colleague Letter (DCL) is controversial — but it’s not because it expanded the scope of Title IX to include sexual misconduct. Title IX already covered sexual misconduct. Rather, it’s because in that letter, OCR issued guidance that schools should use the preponderance of the evidence standard when adjudicating sex discrimination complaints, including complaints of sexual misconduct.

Laura Kipnis and Harper Collins have been sued

I have just learned that the graduate student Laura Kipnis discusses at length in Unwanted Advances has sued both Kipnis and the book's publisher, Harper Collins. She's suing for public disclosure of private facts, false light invasion of privacy, defamation, and intentional infliction of emotional distress.

As I mentioned in a comment in a recent post here, I do believe that Kipnis dramatically misrepresented the student in dishonest and harmful ways. I am not surprised that there is a lawsuit alleging this. All of my blogging so far has bracketed those issues, since getting into the details of the misrepresentations would involve further violations of privacy. I have been trying to make the case that even if the specific evidence she cites is correct, her case is both uncompeling and harmful. But since Jane Doe vs. Harper Collins and Laura Kipnis is now public, some of Doe's specific complaints can now be discussed. (Many commenters have expressed frustration with people saying that the book is inaccurate without saying how. They may now be in a position to relieve some of their curiosity.)

The lawsuit puts in public, for the first time, Doe's version of the story. You can read it here. (It's a 23-page pdf.) This is of course her allegation; the evidence is something that will presumably be considered in court. A few highlights follow. Consider the usual content warnings to be in place.

Retroactively Withdrawing Consent

Following are more of my thoughts on Laura Kipnis's discussions of university sexual harassment and assault policies in Unwanted Advances. All the obvious content warnings.

Administrators and Snowflakes on Sexual Assault Policies

Wow, there were a lot of comments on my last post about Laura Kipnis's book. (Here's a bit of meta-commentary about them, for anyone interested.)

Let me start this post by saying something I'd've thought would be obvious: in attacking some of the things Kipnis says, I'm not thereby attacking all of them. I have many important disagreements with the book, both on general cultural matters and on particular conclusions she draws about cases she discusses. I think that, her protestations to the contrary notwithstanding, the book perpetuates rape culture. I think I made that case in my last post, and I plan to make it again in future ones. But that doesn't mean I think she's wrong about everything.

Several people have taken me to task for defending the Title IX status quo. I have a quick retort: I don't defend the Title IX status quo. One of the several central conclusions of Kipnis's book is that universities' reflexive legalistic instincts contribute to injustices, including injustices against people who are accused of wrongdoing. The way Kipnis tells her story, respondents are often not told what they're being accused of until investigations are complete; they're also, she says, often denied the possibility of legal representation, despite the severity of the matter under investigation. If this is true—and I suspect that it is—it is not just.

Kipnis on Sexual Assault and Sexual Agency

Thanks to all who engaged, here and elsewhere, with my post last week about Laura Kipnis's book. I continue to have more thoughts about the book, so I thought I'd write more. My last post highlighted Kipnis's endorsement of a harmful stereotype. It was of course only one small passage, but in my opinion it's representative. I thought it might be helpful to offer some corroboration for that opinion.

I'll be discussing sexual assault and related harms below.

Kipnis on Assault Allegations

Some of my colleagues around the philosophy world have recently been discussing Laura Kipnis's new book, Unwanted Advances: Sexual Paranoia Comes to Campus. I have a lot of thoughts about this book, but I'll start here with one. (I may write more later.) This is kind of a big-picture thought about Kipnis’s starting points and outlook—I find some of her thoughts about sex and sexual assault to be surprisingly retrograde. I know that some of my colleagues are impressed by this book; I am not sure if they share Kipnis’s general sensibilities on these matters, or whether they just like it for some of its conclusions. At any rate, I think some people would be surprised by Kipnis's sensibilities; the point of this post is to draw attention to some of them.

Discussion of sexual assault ahead.