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NEWS
LAMBDA - Volume XXVIII - Issues 1&2
Crystall Report Misses Point
OCR Report finds University acted "appropriately,”
but activists say it failed to address the critical issues
LGBTIQ
activists,
however, say
there was very
little dispute
over whether
Crystall acted
inappropriately
in her e-mail
or whether
the University
covered its bases
by responding
to the matter
quickly.
By Jermaine Caldwell
In a rekindling of a debate stemming from a
February e-mail from a UNC lecturer to her class
regarding hate speech, the Department of Educa
tion released in September a report on the mat
ter and found that the instructor did discriminate
against and harass her student, while also finding
the University took appropriate measures to ad
dress the situation.
The decision has some LGBTIQ activists react
ing strongly because of the negative effects the re
port may potentially have on the climate for sexual
and gender minorities at the University.
On February 6, 2004, UNC Lecturer Elyse
Crystall sent an e-mail to her English class in hopes
of sealing a classroom conversation surrounding
heterosexual privilege that had taken a turn toward
controversial as the class was ending when junior
Tim Mertes said he felt “disgusted” by homosexu
ality.
In order to fully address his comments, Crystall
e-mailed the class, calling Mertes’ comments “hate
speech” and unacceptable. Within the e-mail she
identified Mertes as white, Christian, heterosexual
and male.
To decide whether the e-mail constituted dis
crimination or harassment based on race and sex,
an investigation by the Office for Civil Rights un
der education department was called - the culmi
nation of which is found in the report.
The 11-page finding states, “while the evidence
shows that the Student was subjected to intention
al discrimination and harassment, the University
addressed the situation such that no further action
is necessary on its part to satisfy the legal require
ments.”
In a brief press release. Chancellor James Mo-
eser said, “We are pleased that the Office for Civil
Rights’ review found that the university acted ap
propriately in this case.”
LGBTIQ activists, however, say there was very
little dispute over whether Crystall acted inap
propriately in her e-mail or whether the Univer
sity covered its bases by responding to the matter
quickly.
Tim Stallmann, a junior and member of the
Committee for a Queerer Carolina, said it was
troubling how the account of events detailed by
the OCR report left out important facts from the
matter.
“OCR’s bias is clear in their analysis of those
facts,” Stallmann said. “The report stresses several
times that Mertes felt the need to change his e-mail
address, despite the fact that he never received a
single hateful e-mail at either address, while mak
ing no mention of the numerous attacks Elyse re
ceived by phone and e-mail.”
More at issue, some say, is that the report left
out dialogue surrounding the initial cause of the
situation — the comment, not the e-mail.
Activists say this along with University silence
not only leaves Mertes’ comments unchallenged
but tacitly affirms their presence in a classroom.
“It completely undermines the concept of
privilege,” said Zachary Howell, a junior and trea
surer of the Gay, Lesbian, Bisexual, Transgendet
- Straight Alliance at UNC. “It legitimizes hetero-
sexism and paints a face of dignity on heterosexist
language.”
This isn’t the view for some University employ'
ees. Stephanie Chang, LGBTQ Office coordina
tor, said UNC administrators have, in fact, begun
to address the various issues at hand. She notes
the close work between the Faculty Council and
the Center for Teaching and Learning to establish
better response to comments like Mertes’ as way^
in which the University is keeping an eye on th^
LGBTIQ climate. |
“I applaud and encourage these efforts that thf
University^ continues to make ... including making
the campus a better place for LGBTQ students,
she said. ;
Stallmann, however, believes that beyond th^
comments, beyond the e-mail and beyond the Uny
versity response lies the ongoing battle between
campus progressives and conservatives — a tussk
that only warms up with the latest chapter of thi-
controversy. And the latest installment doesn’t si*
well with him. \
He said, ‘When conservatives refer to themselv^
as oppressed minorities, they not only devalue
claims of actually oppressed minorities, they also aff
able to dodge responsibility^ for their own actions.” i