“Belly Dancing is like Jello on a plate with a vibrator under the plate”
J. Donald Silva (UNH)
There is no greater danger to individual rights than committed zealots, operating under the color of real or usurped police authority, as they attempt to reorder public policy. Their actions become all the more menacing when spawned by goals is to cure a generally acknowledged societal ill.
In their fervor to create a “new and improved” society, these fanatics typically demonstrate a careless disregard for the rights of others in pursuit their own agendas. Quick to defend their “ends” as full justification for any “means” strategies, their tactics frequently include the liberal use of unsupported innuendo and half-truths to discredit those who fail to fully support their aspirations or question their methods.
American history is ripe with tragic illustrations of its citizens having their reputations ruined, seeing their personal property confiscated, being imprisoned and even loosing their lives for alleged transgressions against contemporary political, social and/or religious dogma. Unfortunately, New Hampshire has not been immune from such irresponsible witch hunts.
Tragically, many have occurred on college campuses, environments in which free and open exploration, discussions and even arguments over conflicting, often controversial ideas should be actively encouraged. Time and again, college administrations have caved-in to the undemocratic demands of campus activists, thereby embracing feel-good politics in the same way they have participated in the dumbing down of educational standards. The result has been to permit campus radicals to engage in periodic reigns of terror, with the constitutionally protected rights of fellow students and faculty becoming the first casualties; recently in the name of purging racism, sexism, homophobic attitudes and a host of other prejudices.
In a 1992 case, accusations of sexual harassment were brought against UNH professor J. Donald Silva by six female students. Unlike other cases of sexual harassment, Silva was not accused of having engaged in any unwanted touching, stalking or even ogling his accusers! Rather, his crime was that of using two metaphors during his classes … a transgression for which fellow English professor Tom Carnicelli was nearly skewered.
Neither instructor intended to offend any of his students. Their use of language was intended as a teaching mechanism to emphasis specific aspects of the subject matter they were trying to communicate to their classes. In Carnicelli’s case, he was ultimately spared facing the UNH “legal” system when he explained to a shocked female student a phrase he had used during a lecture, “This way you get more bang for your buck,” was not sexual in content but referred to a military slang regarding explosives.
Professor Silva, however, was not so lucky. His remarks equating “focus” to sex and using a metaphor comparing belly dancing to a bowl of Jell-o resting on a vibrator landed him in the midst of a First Amendment controversy, out of a job and with $500,000 in accrued legal bills.
His 1993 disciplinary hearing was not held before a body of his peers or even a school administration panel. Rather, his was an inquisition tried and adjudicated by radical student and faculty activists committed to stamping out the “isms” at all costs. Not surprisingly, the bruised feelings of the plaintiffs held sway at the expense of professor Silva’s rights of due process, free speech and academic freedom. His sentence … a reprimand, $2,000, a letter of apology to his accusers and a requirement to attend counseling sessions designed to cure his obviously deviant sexist biases.
To his credit, Silva refused to roll over and was summarily suspended without pay for his defiance.
He then filed a lawsuit maintaining his rights to due process were violated, never having been properly informed as to he charges against him, not being permitted an opportunity to appear before a university panel to defend himself and concurrently contending his words qualified as constitutionally protected speech.
Two weeks ago, in a 103-page preliminary injunction, U.S. District Court Judge Shane Devine agreed with Donald Silva and ordered the University of New Hampshire to reinstate him with full tenure immediately and not further interfere with the performance of his job, pending the final resolution of his lawsuit.
While the University of New Hampshire retains its rights to appeal Judge Devine’s ruling, it can only be hoped the university has come to its senses and will abide by what even its attorneys must now perceive to be an ultimate judgement in professor Silva’s favor.
Meantime, without abandoning such noble ideals as encouraging a prejudice-free society and discouraging true harassment of individuals … UNH must refocus itself on imbuing its students with a thorough knowledge of and appreciation for both the antecedents and legacies of the democratic institutions and constitutional guarantees which have enabled America to become the shining beacon toward which peoples across the planet continue to gravitate. Only then will it achieve the recognition and stature it, like all other colleges, so deeply covets.
