RECORD THE WILLIAMS
WEDNESDAY, September 11, 2019 VOL. CXXXIV, NO. 1 Adriiian ’ 20 discusses his music trajectory
Athletics return to season with new protocols
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THE INDEPENDENT STUDENT NEWSPAPER AT WILLIAMS COLLEGE SINCE 1887
College alum convicted of on-campus rape Yoonsang Bae ’ 17 was suspended from the College for two years, graduated and was convicted Friday after a bench trial By SAMUEL WOLF DEPUTY MANAGING EDITOR This piece contains details regarding sexual assault. On Sept. 6, the Berkshire Superior Court convicted Yoonsang Bae ’17 on one count of rape. Judge Michael Callan found him guilty, after a bench trial, of sexually assaulting another student while he was attending the College in 2014. His ultimate conviction was the product of several years of investigation, including his twoyear suspension from the College between 2014 and 2016. Bae will be sentenced by Callan on Friday and he faces up to 20 years in prison. In July 2014, Bae provided large quantities of alcohol to a then-19year-old student while at a party. She became sick several times, and he ultimately led her back to his room, where she fell asleep. When she awoke, he was assaulting her, and he refused to stop despite her repeated insistence. Under Title IX, the federal statute barring sex discrimination at institutions receiving federal funding, the College has a responsibility to investigate cases of sexual assault separately from legal authorities. Whether a respondent has violated the College’s code of conduct is investigated by an outside investigator, whose findings are presented to a three-member panel of College staff — not faculty or students. Decisions are made by majority vote. In 2014, following an investigation, the College found Bae responsible for misconduct and imposed a twoyear suspension.
PHOTO COURTESY OF MASS.GOV.
Judge Michael Callan of Berkshire Superior Court found Bae guilty of raping another student at the College in 2014. The victim also chose to report her assault to law enforcement, resulting in Bae’s indictment by a Berkshire County grand jury on Aug. 9, 2017. Bae was offered a lenient plea deal by the former Berkshire County District Attorney Paul Caccaviello, where he would have pleaded guilty only to indecent assault and battery, a lesser charge. The case also would have been continued, allowing Bae to potentially avoid a criminal conviction. The current district attorney, Andrea Harrington, pledged not to make similar offers. “My office will not plea rape charges down to lesser offens-
es when we have victims who wish to go to trial,” she said in a public statement following the trial. Cacciavello’s and previous district attorneys’ perceived lenience in prosecuting cases of sexual violence involving the College was a key point of discussion in his failed reelection bid, which he lost to Harrington. Indeed, the district attorney’s office prosecuted only one of dozens of sexual assault cases at the College between 2014 and 2016. Cacciavello blamed the College for not reporting such incidents, which Director of Sexual Assault Prevention and Response Meg Bossong ’05 called “patently and categorically
College resolves federal investigation of antisemitism in WIFI registration By NICHOLAS GOLDROSEN EDITOR-IN-CHIEF The College entered into a resolution agreement with the United States Department of Education’s Office of Civil Rights (OCR) on July 3 to resolve a complaint filed against the College alleging discrimination in the College Council (CC)’s refusal to grant registered student organization (RSO) status to the Williams Initiative for Israel (WIFI). The complaint had alleged that CC’s decision on WIFI constituted discrimination on the basis of race or ethnicity against Jewish students, a violation of Title VI of the Civil Rights Act of 1964, the federal statute preventing racial discrimination in programs receiving federal assistance. Per the resolution agreement, the College did not admit to violating Title VI, nor did OCR make any findings of fact about whether the College violated the law. Instead, the voluntary agreement binds the College to a series of measures to ensure compliance with Title VI’s mandates in the future. The agreement, signed by President Maud S. Mandel, states, “The College will ensure that: (i) the Williams Initiative for Israel (WIFI) is afforded the same rights and privileges as registered student organizations approved by the College Council; and, (ii) the College treats WIFI in a nondiscriminatory manner. This provision includes but is not limited to the requirement that College Council evaluate WIFI requests for and provide financial assistance and other benefits in a non-discriminatory manner.” In response to this requirement, Vice President for Campus Life Steve Klass expressed the College’s desire to ensure WIFI’s fair treatment. “We’ve had really productive conversations with CC leadership and the College’s general counsel about straightforward ways we can make sure we’re in compliance. Meanwhile, I believe CC leadership is working on clarifying approaches to the RSO authorization process along with other procedures,” Klass said. “We’re look-
ing forward to working closely with them this year. In the meantime, the procedure outlined under the header ‘Starting a New RSO’ is the process of record,” a reference to the Student Life website. The College will be required to provide data and other documents showing compliance with the agreement by Nov. 1, 2019, and will continue to provide a report on Feb. 1, June 1 and Nov. 1, 2020. OCR will then be able to enforce any breach of the agreement’s provisions. WIFI’s application for RSO status was rejected by a vote of 13-8 by CC
“The College will ensure that the Williams Initiative for Israel (WIFI) is afforded the same rights and privileges as registered student organizations approved by the College Council.” — OCR resolution agreement signed by the College on July 3
at their April 23 meeting. On May 14, a panel of College administrators and CC members approved WIFI’s application through an alternate procedure available in the student handbook. In response to the OCR resolution, CC Co-Presidents Ellie Sherman ’20 and Carlos CabreraLomelí ’20 expressed their desire to ensure WIFI’s equal treatment. “We look forward to working with the Williams Initiative for Israel this year in our full capacity as heads of College Council so to assure that
this student organization is treated both fairly and equally as any other club,” they said. “Our goal is for every single student to feel comfortable, safe and supported by College Council, regardless of background, identity or expression.” The original complaint against the College was filed on May 2 by David Bernstein, a professor of law at George Mason University, and alleged in part, “Refusal to recognize Williams Initiative for Israel as a recognized student organization on the same terms as the CC has recognized dozens of other student groups constituted discrimination against Jewish students at Williams on the basis of ethnicity or race.” OCR’s Boston regional office opened an investigation on May 31. With this resolution agreement, OCR’s investigation has officially ended. The investigation also raised the question of to what degree the College was legally responsible for the conduct of CC. The OCR investigation did not ultimately settle this point. In a letter sent to Mandel on July 25 by OCR Boston Acting Regional Director Michelle Kalka, Kalka writes, “However, OCR has not completed its investigation into what occurred at the meetings, the Council’s relationship to the College and the current status of WIFI.” WIFI’s leadership expressed its satisfaction with the resolution and its hopes for a productive year. “We support this resolution, and all other efforts by Williams College, to ensure that WIFI be given a voice on campus, and that students who support Israel be given the same right to organize as other groups on campus,” said Gavin Small ’22 on behalf of WIFI’s leadership.
false” in a letter to the editor to The Berkshire Eagle. Bossong wrote in the same statement that it is College policy to inform the police of all cases of sexual assault. “We did not necessarily change any formal office policies regarding sexual assault on college campuses [in the new administration],” said Andy McKeever, public information officer at the Berkshire District Attorney’s Office. “However, District Attorney Andrea Harrington has placed a priority on pursuing these cases aggressively. If a victim wants to go to trial we are going to fully support the victim and pursue justice.”
McKeever drew distinction between the work of the College and the district attorney’s prosecution. “The Berkshire District Attorney’s Office does not coordinate with the college directly on these cases. The criminal matter is investigated by local police,” he said. Dean of the College Marlene Sandstrom added, “People also have the option of making a report to the police. My colleagues and I encourage anyone who has been harmed to consider this pathway. We can aid them in making a report if they choose. Individuals have the choice to pursue college disciplinary processes and legal processes — jointly or individually — and we support students in whatever decisions they make.” News of Bae’s rape conviction has gained significant media circulation, including by the Daily Mail, a UK-based publication. The College has not released a statement on Bae’s conviction, nor is it College policy to comment on specific cases, but Sandstrom described the conviction as an opportunity to discuss the College’s current handling of such incidents. “Williams works hard to make this a safe community for all of our members,” she said. “This is a joint commitment of many staff and faculty and students and alumni. We are working hard to design and implement prevention efforts in order to reduce sexual misconduct down to a prevalence level of zero; that is our goal. When members of our community are harmed, however, it’s the College's duty to provide resources that address their need for accountability, healing, and support.”
Speech committee issues report By WILLIAM NEWTON MANAGING EDITOR In June, the Ad Hoc Committee on Inquiry and Inclusion formed by President Maud S. Mandel issued a series of recommendations for campus guidelines on speaker invitation. The committee endorsed the adaptation of both the American Association of University Professors (AAUP) and PEN America frameworks for free speech, both of which give student groups the right to invite any speaker of their choosing without prior approval and allow the administration to disinvite speakers only in the “rarest of circumstances.” Mandel had charged the committee with developing guidelines that, “demonstrate our full commitment to both inquiry and inclusion” last November, following a self-accreditation study that identified issues surrounding free expression as a concern for the College in the fall of 2017. Faculty members are set to discus the committee’s draft during today’s faculty meeting. The steering committee, comprising College students, faculty, staff, alumni and administrators, recommended that the College actively support “vigorous campus dialogue,” hold workshops on best practices for event planning, and adopt a set of guiding principles for free speech beyond just speaker invitations, modeled off of the AAUP and PEN America frameworks. However, the report also acknowledged that certain speech that harms a community member’s dignitary safety — “the sense of being an equal member of the community” — is “inimical in all respects to the college’s educational mission” and therefore could warrant an institutional response. At the beginning of last semester, committee members met for dinner at Mandel’s house and held meetings every other week for an hour and a half throughout the remainder of the semester. According to members of the committee, the majority of meeting time was devoted to plan-
ning and enacting outreach, including a campus wide survey that received over 500 responses. To Eli Miller ’21, a student member of the group, the focus of the committee was at times frustrating, especially because the group never attempted to reach a consensus on whether or not the administration should have had the authority to disinvite John Derbyshire, a political commentator for the white supremacist site VDARE, who had previously been fired from National Review for his racist writings. Derbyshire was invited to the College by the student group Uncomfortable Learning and was subsequently disinvited by former President Adam Falk in February 2016. “It became clear that the goal of the committee was less to reconcile the differences that people have — on the most basic level — about whether John Derbyshire should’ve been allowed to speak on campus, and it was a lot more focused on taking the temperature of the campus and doing outreach to as many groups as possible,” Miller said. “It felt like the primary objective was just to calm people down.” Still, in a collaborative response to the Record that was drafted before the committee convened, members of the steering committee had emphasized that gathering input from different campus stakeholders was a primary objective of their work. “The Committee hopes to reach consensus on a set of recommendations that reflect our concerted efforts to find multiple and engaging ways to seek input from any member of the Williams community with ideas or opinions to share,” the joint statement read. Looking forward, the faculty decision to adopt either the committee’s draft or its own draft of a guiding set of principles for free speech on campus, and the subsequent response from students, alumni and administrators, will likely serve as the next steps toward the committee’s goal of a published statement on expression and inclusion.
WHAT’S INSIDE 3 OPINIONS Williams’ involvement in neo-colonialism
7 FEATURES Past President Adam Falk talks blocks
8 ARTS “Axis Mundo” displays queer Chicanx art
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