Fagin might suspend U.'s speech code

Interim pres. seeking feedback Responding to numerous complaints about the University's racial harassment speech code, Interim President Claire Fagin is considering suspending that section of the racial harassment policy. The two-year-old policy gained national notoriety following the highly publicized case of Eden Jacobowitz, who was charged under the code with racial harassment last January for calling five black female students "water buffalo." Before making a final decision on whether to suspend the speech code – a move that many have urged – Fagin said she would like to hear the opinions of members of the University community. "I'm not moving to do it – I really want to hear what people have to say about the idea," Fagin said last night. She said she will seek the advice of University Council in mid-October and announce her decision soon afterwards. Part II of the racial harassment policy – the part Fagin is considering eliminating – forbids any "verbal or symbolic behavior" that "insults or demeans [a] person . . . on the basis of his or her race, color, ethnicity, or national origin . . . by the use of slurs, epithets, hate words, demeaning jokes, or derogatory stereotypes." In a letter printed in today's Almanac, Fagin said she is considering suspending the section because "many people on campus, faculty and students, including African-Americans and other racial, ethnic and national minorities" have said the speech code "has proved unworkable and destructive." Fagin said she intends to leave the racial harassment policy's preamble, which states that an "ideal academic community" should "protect the rights of expression" but, at the same time, not tolerate "words that are intended to inflict only pain." "At present, the Commission on Strengthening Penn's Community is beginning its task of identifying new ways in which we might better achieve the objectives stated in the Preamble of the Policy," Fagin writes in her letter. "I want to affirm the aims stated in this Preamble, for I believe they remain valid and compelling." She said that although she could suspend the speech code outright, she wanted to consult the University before using that power. "I'm going to make my own decision in the end, but I wanted to know what people think of the issue," she said. Asked how the suspension of the speech code would affect racial harassment complaints or University judicial procedures, Fagin said she thinks students will still be able to use the judicial system for harassment complaints – if they have a strong case. "I think students could probably come forward in the same way as they did last semester, but the way the JIO looks at it might be somewhat different," Fagin said. "The emphasis may be more on conduct than words." Interim Provost Marvin Lazerson said last night he thinks colleges around the country are attempting to solve the problem of balancing free speech with racial sensitivity issues. "The question President Fagin is putting before the University community is, does our harassment policy eliminate harassment while protecting free speech?" he said. "For first time ever, the University president is asking the entire University community to talk about that and I think it is a marvelous example of the president's openness in discussing topics with the entire community."