The Committee on Student Life (CSL) acquitted The Primary Source of two counts of both libel and retaliation for the filing of sexual harassment charges by student activist senior Iris Halpern. The ruling, which was delivered May 3, brings a partial resolution to the year-long battle between Halpern and The Source, Tufts' conservative biweekly magazine.
The retaliation was allegedly a response to an initial claim of sexual harassment that Halpern filed against the magazine last semester.
The CSL dismissed the first charge of libel in an 8-0 decision and the second charge of libel in a closer 5-2-1 ruling. The retaliation charges were dismissed by margins of 6-2 and 4-4, respectively.
The second sexual harassment charge stemmed from a Jan. 31 publication of the Source, in which the magazine made a reference to a Letter to the Editor, printed in the Dec. 6 issue. The writer of the letter claimed to have been "physically harassed" by Halpern. Halpern was later absolved of any wrongdoing.
The material found in "From the Elephant's Mouth" used the word "molested" in reference to Halpern's alleged actions against the writer of the Letter to the Editor. The CSL's 4-4 ruling on this second charge of retaliation revealed the difficulty of the decision.
"I was not pleased with it, but it was not unanimous," Halpern said of the overall outcome. "A lot of the decisions were close. It made me feel good that [the CSL was] taking it seriously."
While the CSL did not rule in Halpern's favor in any of the cases, the body did take some steps to prevent future conflicts between publications and students. According to the CSL's ruling, "there is sufficient evidence that The Primary Source knew or should have known that using the term 'molested' in the January 31, 2002 publication would be interpreted by the Tufts Community to mean something more than just a dictionary definition of 'annoy' or 'bother.'"
The CSL therefore recommended to the Tufts Community Union Judiciary (TCUJ) that a media committee comprised of the editor-in-chiefs of all campus publications be established. The committee would ensure that all campus publications have written editorial policies that are consistent with the "highest standards of fair and responsible journalism."
Additionally, the CSL will consider requiring all publications to establish written editorial policies next fall.
How the media committee gets created "would be something for the TCUJ to decide," said Peggy Cebe, faculty chair of the CSL. "That is a recommendation. The nature of how they will be instituted will have to be decided through meetings in the fall."
Although a media committee is already in existence, the Media Advisory Board (MAB), does not serve as a body that creates editorial policy. Its primary function is to administrate the MAB office in Curtis Hall.
According to MAB president Sam Dangremond, editor emeritus of The Primary Source, MAB had at one time operated as a body to oversee campus publications. "It has basically dropped that role," he said. "In the past people could bring complaints about certain publications to the Media Advisory Board."
While it seems that the body is already there and could easily take on more of an overseeing role, Dangremond is hesitant about having that happen. "The CSL needs to have a little more information about MAB before this goes into effect," Dangremond said. "Saying that it has to stay within 'standards' of Tufts University is a very vague sort of principal and one that could be easily abused."
Any party involved in a CSL case reserves the right to appeal a decision. Halpern, however, has opted not to continue this case. "I'm graduating," Halpern said. "I have to put this year behind me and move on with my work and life."
"I have never had any issues against [The Primary Source]," she continued. "It wasn't personal with me. I was trying to deal with what I thought was blatant sexism on campus."
The Source, however, disagrees that it created an unhealthy environment on campus. "In retrospect I would really like to thank Iris Halpern for her part in increasing awareness [of] the Source," Dangremond said. "She greatly increased on-campus readership and brought it national media headlines."
While Halpern will not pursue further action through the CSL, she currently has a case pending against Tufts University for disregarding sexual harassment laws. Halpern filed the charge against Tufts through the University's Office of Equal Opportunity Title IX coordinator.
Yves-Rose SaintDic, Director of the University office of Equal Opportunity and Affirmative Action declined to comment on the Halpern case or to even say that one was pending.
Typically cases are filed against individuals, but in Halpern's case her complaint is against the University's Office of Civil Rights (OCR) and the Title IX office. "Because of the structure of our University, there was no one person I could file charges against for failing to uphold our harassment policies, so I had to charge against the school and let the OCR and Tufts figure that out," said Halpern.
The process for handling a standard case between a student and faculty member or agent of the University is usually informal, according to SaintDic.
In the more formal procedure which Halpern is using, a student will file a complaint to one of SaintDic's contacts on campus, and the contact has five days to notify her. Within ten days of receiving the complaint, SaintDic must notify the accused party. Then she has approximately 30 days to investigate the charge and makes recommendations if disciplinary action follows.
It is unclear when a decision will be rendered for the Halpern case. The end of the school year and Halpern's graduation further complicate the situation. Still, Halpern does not intend to give up.
"I don't feel like the University ever attempted to protect me," Halpern said. "They did not take this thing seriously."
Dean of Students Bruce Reitman did not wish to comment on the specifics of the
Halpern case, but he did say that making students feel comfortable about expressing their opinions is of paramount importance to the University. "I do think a university community like ours is made up and enriched by a variety of opinions and different viewpoints," he said. "I think it is unfortunate if the way people communicate with one another creates discouragement to participate in that dialogue."
