I understand this doesn’t stop most people.
So yesterday on the Gary Parrish show I heard his opening monologue about the horrific report detailing the attempts of some Baylor University Football officials to quash complaints of sexual assault against Baylor players.
As a person, I’m disgusted. As the father of a child who will one day go to college, I’m terrified.
I’m terrified because the willful neglect demonstrated by members of the Baylor Football staff, to women with complaints of sexual assault, makes me fearful that, one day, God forbid, if something should happen to my daughter, will there be some Bike Coach short wearing douchebag trying to talk her out of reporting it.
I’m angry because these people, regardless of their official duties, are supposed to help create and maintain an environment of education…not just cover their asses.
I’m sad for the women who were further victimized in this attempt to protect a few men who may have done something awful (we’ll never know if they’re guilty or innocent, though by the actions of the Baylor Football staff, they certainly don’t look innocent).
And it makes me wonder: How can a mom or dad send their kid off to school without knowing how that school deals with sexual assault or domestic violence?
How can parents be sure that a school will hold their child’s best interest over the best interest of the multi-million dollar enterprise that college sports has become?
Will parents start considering a school’s record on dealing with these kinds of issues when they’re discussing with their child what school they are interested in attending?
Because, while I’m not one of those that thinks there’s a boogey man around every corner trying to get you, I know that sexual assault is one of the most under-reported crimes in the US. And that my child has a 1 in 5 chance of being sexually assaulted while she is in college.
And as a parent, that’s terrifying. Its more terrifying that employees of a major University in this country would ignore these realities (because statistics aren’t theoretical) for their own personal gain.
There were a lot of failings here, but the following paragraphs in the summary report really caught my eye.
Baylor failed to take appropriate action to respond to reports of sexual assault and dating violence reportedly committed by football players. The choices made by football staff and athletics leadership, in some instances, posed a risk to campus safety and the integrity of the University. In certain instances, including reports of a sexual assault by multiple football players, athletics and football personnel affirmatively chose not to report sexual violence and dating violence to an appropriate administrator outside of athletics. In those instances, football coaches or staff met directly with a complainant and/or a parent of a complainant and did not report the misconduct. As a result, no action was taken to support complainants, fairly and impartially evaluate the conduct under Title IX, address identified cultural concerns within the football program, or protect campus safety once aware of a potential pattern of sexual violence by multiple football players.
In addition, some football coaches and staff took improper steps in response to disclosures of sexual assault or dating violence that precluded the University from fulfilling its legal obligations. Football staff conducted their own untrained internal inquiries, outside of policy, which improperly discredited complainants and denied them the right to a fair, impartial and informed investigation, interim measures or processes promised under University policy. In some cases, internal steps gave the illusion of responsiveness to complainants but failed to provide a meaningful institutional response under Title IX. Further, because reports were not shared outside of athletics, the University missed critical opportunities to impose appropriate disciplinary action that would have removed offenders from campus and possibly precluded future acts of sexual violence against Baylor students. In some instances, the football program dismissed players for unspecified team violations and assisted them in transferring to other schools. As a result, some football coaches and staff abdicated responsibilities under Title IX and Clery; to student welfare; to the health and safety of complainants; and to Baylor’s institutional values.
In addition to the failures related to sexual assault and dating violence, individuals within the football program actively sought to maintain internal control over discipline for other forms of misconduct. Athletics personnel failed to recognize the conflict of interest in roles and risk to campus safety by insulating athletes from student conduct processes. Football coaches and staff took affirmative steps to maintain internal control over discipline of players and to actively divert cases from the student conduct or criminal processes. In some cases, football coaches and staff had inappropriate involvement in disciplinary and criminal matters or engaged in improper conduct that reinforced an overall perception that football was above the rules, and that there was no culture of accountability for misconduct. Source
We’re just 11 days into the new administration at City Hall, and expectations are high for Mayor Jim Strickland and his team.
Since his inauguration, Mayor Strickland has had his initial appointments approved, though not without some controversy from an appointees former employer.
In this world of 24-hour news cycles, and extreme “I want it now-ism”, people’s patience for things, especially when they may be constrained by the realities of life, or the speed of government, runs thin quickly. Establishing an early momentum is one way to buy some time, and show people that you’re off to the races.
With that in mind, there is something Mayor Strickland could do immediately, that wouldn’t have to cost much, but would go a long way to realizing an unrealized goal of the outgoing administration, and keep his administration one step ahead of the demands of the public, and the institutions that help inform the public…
Just 10 days into his first term, Mayor Wharton enacted an Executive Order making transparency in government a priority of his administration. The order itself, likely expired with the changing of the guard at city hall.
Many of the goals of that Order never came to fruition. Last year, Mayor Wharton tasked Mike Carpenter with analyzing the city’s open records processes. He submitted a report with recommendations to the Mayor. It is my hope that Mayor Strickland will find a way to enact these recommendations.
While there may be things that seem sexier, and more pressing, I believe setting in motion a plan to live up to these recommendations and maintaining that effort throughout the term will go a long way to dispelling some of the concerns and negative oft heard refrains about the City government.
But transparency isn’t a document dump. It has to have be more than just access. It has to have context. That context can lend credibility over time because you’ve not only provided the public with information, but what that information shows and why its important.
That context, to be effective, also has to be honest.
Take Crime data. The Memphis-Shelby County Crime Commission releases stats periodically about crime in our community. These stats are also sent to media and the public with an analysis or comparison of the same month over the past 5 years, and against their benchmark year, 2006. Almost always it finds that violent crime is down since 2006.
If that’s the case, then why doesn’t the public feel that crime is down?
Because the Crime Commission is using 2006, a high water mark for violent crime, as its benchmark it runs counter to people’s experience. Almost no one remembers what happened this month last year, much less 2006. People’s notions about crime are based in their cumulative memory, not some mythical ‘point in time’ memory.
So the claim that ‘crime is down over 2006’ may be true, but it is a deceptive claim to the public. I believe Mayor Wharton’s insistence in using this faulty measure over and over again hurt his credibility with voters…and that, along with a host of other unrealized goals, ultimately was his undoing.
But if you show the public something like this, you’re being more honest.
Data gathered via the FBI Uniform Crime Report
Showing information in this way, instead of just numbers, and following it with an acknowledgement that while property crime is down, violent crime hasn’t really changed much, you can shift the conversation to what the administration is doing about it. The public may not like what they see, but they’re getting an honest assessment of where we are when the Administration is getting started, and what they intend to do to reduce the crime rate.
People might want to know what kinds of violent crimes are most dominant in the City. From there you could show them this:
What this shows people is that its not murder or rape that’s driving the violent crime rate, its aggravated assault (which may include attempted murder). You could go still further and show that the vast majority of these violent crimes take place between people who know each other, which anyone who’s spent years reading police affidavits will tell you, is more often than not, the case.
Of course, the local media almost never reports on this. Why is that? Because news organizations don’t have the resources they once did, from bodies in the newsroom, to people who know how to read more than the most basic top-line stats. Further, it was hard to come up with the numbers because there’s never been a clearinghouse for information presented in this way. But if the information is there, the media will report it. And that, over time, can change the perception of crime in Memphis from a series of random acts, to the thing that actually drives more violent crime…bad relationships (be they romantic, friendships, or acquaintances).
You could show all kinds of things…. Data that goes well beyond the reporting requirements of the FBI. And all of that data could be used to serve as a benchmark to reduce various kinds of crime.
And you could do that with any number of issues, from tax/fine/fee collections, to 911 and 311 response/resolution times.
But the key is, you’re being honest, and you’re being transparent at the same time…two things that the city has lacked going way further back than the previous administration.
From October 2012 to September of 2015 I worked for a local media outlet (it doesn’t matter which one). Whenever the Mayor or a Division director was questioned about something, magical numbers would fly around. I’m not saying they weren’t right, I’m saying that because there was nothing to measure them against, they were meaningless, and in some cases, unbelievable. Both those things led to credibility issues, and if a reporter thinks an Administration doesn’t have credibility, that’s going to come out, in some way, in the report.
By taking the information the City generates, and making it accessible, measurable, and meaningful you can maintain credibility even in the face of failure, and acknowledge the challenge of tackling difficult things. You’ll also always know where you stand in meeting your goal.
I’m not saying Mayor Wharton’s administration didn’t do this. I’m saying that because it wasn’t easily accessible, everything looked like a campaign event, which damaged credibility. Those campaign style events weren’t followed up with enough of what looked like real action, which also made the ‘results’ unbelievable. It turned into a constant cascade of he says, she says in the media…and the media always wins those battles.
Just after the election, the City launched MEMFacts. Its an information site that is more pretty than it is substantive. But its a start.
The truth of the matter is, most regular folks will never look at a site like this. But for those who do, ensuring that there is real information available for them, and the media, that spells out for the public why the information is important (which MEMFacts does on the areas it covers) is crucial for getting the story out there in a way that is meaningful for the public.
Understand, this can’t be an extension of the ‘perpetual campaign’ world we now live in. It has to be unbiased, and the warts have to be acknowledged when they appear. But I believe that people’s perceptions about Memphis will change if the City changes the way it makes information available to the public, and uses that information, good or bad, to give people the kind of long-term look that is critical to providing real context…and real value.
Chicago police released the video this week, after a year of legal wrangling, of the police shooting of Laquan McDonald. Over a year since the incident, the officer is facing first degree murder charges.
According to police accounts, McDonald was a suspect in some auto burglaries in the area. The police also say he was armed with a knife.
But those same accounts say Chicago police officer Jason Van Dyke fired sixteen bullets into his body but never gave any commands for him to halt, or put up his hands, or in any other way surrender. In fact, according to the officer whose car was recording the incident, said he was only on the scene for less than 30 seconds when he opened fire.
We’ll never know if McDonald is guilty of the crimes he was suspected of, because Officer Van Dyke acted as Judge, Jury and executioner, for a crime that would have been anything but a death sentence.
This isn’t the first time Van Dyke has been in trouble. According to CNN, he’s faced 20 lawsuits or complaints, which makes you question why he was on the streets to begin with.
Over the past few years I’ve seen a lot of videos like this. I had to write story after story in my former role as a local TV news producer about these incidents.
And every one has made me more sure in my resolve that there is something broken in law enforcement in this country.
See, the ‘good guys’ aren’t supposed to shoot people in the back, or while stopped for a missing license plate, or choke them to death over bootlegged cigarettes. The ‘good guys’ are supposed to bring people to justice. Let them have their day in court, and spend time in jail if they’re guilty of the crimes they’re accused of.
But it seems like in the past few years, maybe more than other years, maybe I’m just paying more attention now, there are a lot of people getting killed by police for what would otherwise be petty crimes.
Is this a fluke that all these are happening, one seemingly after another?
Is it bizarre happenstance?
Or is it something that’s been going on, we’re just now getting around to noticing it?
I don’t have the answer to those questions. What I do know, both first hand, and through the stories of friends is that being at the wrong place at the wrong time can lead to big trouble for you, especially if you’re black. And if you happen to live in an area that’s a designated ‘wrong place’, you’re pretty much screwed.
And that’s why I’m a strong advocate for additional police oversight.
But lets not fool ourselves, cameras are only a part of that oversight.
What the shooting of Laquan McDonald shows is that the presence of cameras doesn’t mean a cop will think twice about using unnecessary deadly force for an assailant that is running away from them.
If this were a standoff, I think both the law, and standard operating procedure clearly dictates that the officer has a right to defend himself. But that’s not what happened. As the video clearly shows, McDonald was running away from the police. I’m not saying that’s legal, but it doesn’t seem to rise to any reasonable standard of using deadly force. That’s why this officer is facing murder charges.
But you also have to ask, “Why did this officer think using his service weapon was the best/only response?” And to get that answer, you have to look into both the written policy of the department, and the culture of the department. Because policy is no better than the paper its written on if there’s an understanding about when it will and won’t be followed. And if this officer believed that he could act in this way, without facing consequences, then the charges against him are as much an indictment of the upper echelon of the Chicago Police Department… a department whose initial account of what happened is very different from what is shown in the video, and the Cook County Prosecutor, who took a year to announce the indictment the officer, as it is an indictment of the individual cop.
Cops are the boots on the ground who deliver the goods to prosecutors: from the uniformed patrol who are the first responders, to the investigators who work to crack the case. Cops do the prosecutors dirty work, deliver them the case, and the prosecutor then has to be ready to take that information and put it before a jury.
Truth be told, both prosecutors and top brass with police forces around the country are political jobs, and they rely on the cops at the ground level to make them look good so they can keep their jobs.
So when no cops are found to have abused their authority after 20 police shootings in 5 years , or 6 cops beat the hell out of two guys and aren ‘t charged no one should be surprised.
One hand relies on the other to stay alive. As a result, those two hands tend to be forgiving of sins against outsiders.
The tactic was a shrewd maneuver, legal experts say, in which McCulloch both deflected responsibility for his own failure to charge Wilson and — deliberately or not — created conditions in which the grand jury would not be likely to charge him either.
Which is why its important that the Grand jury transcripts in the Darrius Stewart case be reviewed, and if the prosecutor employed a similar tactic, it be released to the public.
Because if the Shelby County DA’s office isn’t going to handle an indictment proceeding for a cop the same way they would handle any other like charge, then how can anyone believe that the interests of impartial justice are being served?
I like Memphis Police Director Toney Armstrong.
Don’t get me wrong, I’ve never met the man. But I believe he’s trying to run a clean shop, despite the slew of current and former officers that have been indicted over the past few years.
But when you read an investigation about something known as Choir practice you have to question not only the leadership that has risen through the ranks, but also the internal culture that brought that leadership to the top.
And while Armstrong may have kept a low profile early in his career its not crazy to question his ability, as an insider, to challenge a culture he’s been a part of since he was on patrol.
Because it seems that a greater proportion of cops have been accused to all kinds of crimes (cop crimes per thousand on the force), than the general public in the past couple of years (I dare a media outlet to run the numbers). And that’s worrisome.
Now, you could argue that the fact that so many cases have come up shows that the current administration is fighting back against internal demons, and you might be right about that. Or it could be that these were the easy cases, that were perpetrated by dumb people, and it was just too hard not to prosecute them.
In any case, with one case after another coming up this year alone, you have to wonder what else is going on, and, more importantly, what, if anything is being done about it.
We also have to recognize that this isn’t anything new. This kind of separate and unequal justice has been going on in America for a long time. Anyone remember Rodney King? The only reason any cops were indicted in that case is because someone started videotaping from a nearby apartment. It was 1991, and video cameras weren’t as pervasive as they are today.
Now, just about every phone out there has some kind of camera. And that means, cases like the ones we’ve been hearing so much about over the past couple of years, are going to come to light more than ever before. Which should tell cops who are intent on overstepping their authority that they can’t do that anymore. That hasn’t happened.So while law enforcement leaders, from the head of the FBI on down, may cite the “Ferguson Effect”… a spike in violent crime resulting from law enforcement withdrawing due to increased oversight, even though he admits he doesn’t have any solid evidence of it being a ‘thing’, the real ‘Ferguson Effect’, if there is one, is that the public is using the technology that is literally in their hands, to protect themselves from cops who would do wrong.
And that’s exactly the kind of oversight that is necessary to provide a check against civil rights abuses that have always been there, but are just now coming into the light.
But as we’ve seen in case after case, just capturing something on video isn’t enough to bring justice. That’s why independent prosecutors who have a transparency mandate should bring these cases to the Grand Jury, not state cops like the TBI, who have promised transparency, but so far, haven’t delivered.
That’s also why independent citizen led groups, like the Citizen’s Law Enforcement Review Board should be there to provide oversight to the internal affairs process to ensure the internal enforcement of standard operating procedures and good policing techniques are adhered to, rather than relying on assurances from police administrators.
Because no one who’s ever had a bad encounter with a cop, and plenty of people who haven’t, believe in those assurances anymore.
Most importantly, the good cops who are out there…and there are hundreds of them in Memphis alone, should demand this kind of transparency, so they can remove the tarnish from their badges that cops who would exceed their authority have brought on them.
The police work for us, the citizens of Memphis. So do prosecutors. And while its understandable that neither group would want to part with the one hand washes the other relationship they’ve had over the years, the events highlighted in the media, both here and around the country, demand that they do.
That means more transparency in the workings of both organizations, and more accountability when things go wrong.
Exactly how it should have been in the first place.
The Citizen Law Enforcement Review Board, an entity that has existed in name only for years, would be given additional powers to investigate complaints brought forward against the Police department. One of those powers would be the ability to compel testimony, and the handing over of documents from the Police department.
Until last night, it seemed everyone was on board…the majority of the City Council had pushed through two readings, and the Mayor had signaled he supported the draft that included the above changes. Even the super secret 14th member of the City Council, Alan Wade, had been placated it seemed.
But for reasons not immediately apparent, the Mayor withdrew his support of the ordinance at the 11th hour, and wasn’t even man enough to deliver the news himself.
Considering recent events, many observers wondered why the Mayor would do this? But if you’ve been paying attention, this has been this administration’s Modus Operandi from the very beginning.
Wharton is no stranger to randomly, and seemingly without warning, changing his positions.
In 2010, the Mayor withdrew his support for a non-discrimination ordinance that he previously supported. The ordinance was eventually withdrawn.
He did it again in 2012, citing mysteriously vague objections, and trotting out Attorneys Alan Wade and Herman Morris to do his dirty work.
He’s done the same thing to the folks seeking to keep a section of Overton Park from being a defacto parking lot for the zoo. The mayor, at first seemed to support the idea, then both backed off at the last second, and changed his ‘opinion’
In fact, if you look for any issue you’ve seen the Mayor speak on over the past 6 years of his tenure, you will find articles and appearances in which he regularly supports both sides of the issue, sometimes at the same time, and in the process, preserves his political capital for the masses who generally aren’t paying attention to such things.
It is both sad testimony that the local media has largely allowed him to do this, and that he thinks we’re too dumb to notice.
The City has had a Civilian Review Board ordinance on the books since 1994. The ordinance, in its current form, has no teeth. As a result, the board went dormant until a series of actions, both locally and nationally, brought the idea back into the spotlight.
Now, in light of a the local shooting of an unarmed black teen… another in a string of nationally spotlighted shootings of unarmed black men, it would seem like the perfect time to institute some independent oversight of the police…not to go on a witch hunt, but to both provide the public with assurance that the investigations into possible malfeasance by officers are above board, and to root out those few officers who don’t like playing by the rules.
People who don’t like civilian oversight of anything have called supporters of the CLERB “anti-cop”, but that is a gross mischaracterization. If anything, the CLERB would help restore faith in the police by bringing the findings of investigations out into the open where regular folks can see what’s going on.
Many other cities have Review Boards…some with more powers than others. Knoxville has a review board that has many of the powers sought by advocates for the Memphis ordinance. In fact, restoring the relationship between the public and police is job #1 listed in the Knoxville ordinance.
It doesn’t seem like a crazy request or an unreachable. But to the Mayor, in an election year, it scared him so bad, he couldn’t even come down and deliver the news of his flip floppery himself.
“I know no safe depositary of the ultimate powers of the society but the people themselves; and if we think them not enlightened enough to exercise their control with a wholesome discretion, the remedy is not to take it from them, but to inform their discretion by education. This is the true corrective of abuses of constitutional power.” –Thomas Jefferson
Every two to four years we have elections for various and sundry offices in this country. In Memphis, those elections seem to be every 90 days or so, but they still happen.
Its natural for people in power to try to put the best face forward, to obfuscate somewhat, to use misdirection to confuse people.
But there’s nothing confusing about what Mayor Wharton’s administration did yesterday: It purposefully withdrew support for political purposes. Mayor Wharton figures the politics of not supporting this ordinance, and possibly upsetting some police officers, is more important than the public having a voice in the workings of an agency of their government that, under the long veil of secrecy, has continued to lose the faith of the citizenry.
You can be a strong supporter of the Mayor and still support the CLERB ordinance.
You can be a strong supporter of local law enforcement and support the CLERB. In fact, regular cops who serve the public well on a regular basis have nothing more to worry about from the CLERB than they do from the current Internal Affairs process.
You can’t, however, proclaim to be a strong supporter of transparency and at the same time, oppose giving powers to a board that would seek to bring more transparency to an unnecessarily veiled process.
In fact, it is one of the very ideas the Mayor solicited from former County Commissioner, Mike Carpenter when he asked him to review the city’s transparency process.
Its high time the Mayor stood by that 2009 Executive Order and let the sunshine in on local government.
One way to do that, is to support all the changes the new CLERB ordinance proposes.
Doing anything else, means the Mayor has just added to his growing list of flip-flopery on the important issues of the day.
Perhaps it was naiveté, or my fond memories of great journalists from the late 70’s through much of the 80’s and early 90’s.
I gave up any illusions of this fairy tale long ago.
That’s not to say there aren’t great journalists out there…they’re just fewer and farther between…and they’re trapped in a business environment where quantity, punch, and social media ‘engagement’ trumps a balanced account of the news.
Such is the case with this truly ignorant report from WREG that aired in July.
The web story is pretty benign, but the report that actually aired takes a Gary Vosot approach to reporting that demands you turn every fallen acorn into a “sky is falling” event.
The news item I’m referencing involves a little known report called the “Participating Voter List”, aka PVL.
The PVL is exactly what it sounds like. Its a list of people who have participated in an election. It includes your name and address, precinct information, and in primary elections, which primary ballot you chose to vote on.
Independent observers, political consultants, and campaigns use the PVL to see who’s voted, which areas are turning out more than others, and to tailor their communications to people who haven’t voted by purging the names of people who have voted from their direct communication list (mail, phone, and canvassing).
If you don’t want annoying calls, knocks, or mail, vote early and all that will stop…if the campaign is managed effectively.
Aside from primary ballot information, there is no information in the PVL that’s any more dangerous to your privacy than the information from an old school phone book, or white pages dot com.
But reporter Michael Quander’s piece makes it sound as if the very act of voting could endanger your privacy in some way.
That’s simply not the case. There are far easier and more informative ways and places to get that information than the Election Commission…though you’d never know it from his actual report.
Because of Quander’s report, the Election Commission now only sends the PVL out by request, instead of publishing it in the deep dark recesses of the Election Commission website where only people who know where it is can find it.
The PVL is important because it is a way to, in nearly real time, see what’s going on with an election.
The PVL was how Joe Weinberg and I found the redistricting errors that resulted in over 3000 voters receiving the wrong ballot in the August 2012 election.
At that time, the PVL was posted directly on the Election Commission’s website daily. Because of this, we were able to run our tests promptly and without waiting for a gatekeeper to open the gate for us (other than waiting for the report to be posted). This allowed both of us the ability to work, as volunteers…using our own time and getting paid nothing for our efforts, to expose one of the greatest election screw-ups in recent memory.
Had the PVL’s only been available by request, it may have taken several more days to complete our tests, causing a greater delay in resolving the problem, and potentially disenfranchising thousands of more voters in the process.
There is a small, tightly knit group of mostly volunteers, on both sides of the aisle, who pay very close attention to this report. Any delay is a huge setback because we are working on our own time, and of our own initiative.
Thanks to another barrier being placed due to unnecessary fear drummed up by this report, the next election disaster, should it occur, will take days longer to identify.
Way to go Channel 3.
But what is perhaps most perversely ironic is that the PVL is more safe than many of the methods WREG, and other commercial websites use to make money off of you.
Have you ever noticed that things you’ve browsed on Amazon or other online retailers regularly show up on ads at completely unrelated websites?
In doing so, they’re taking advantage of your ignorance of potential privacy concerns far more than the Election Commission or any other government agency that is required by law to publish or make available information about you and yours.
Aside from the report being…just dumb…the Election Commission’s decision to no longer post the PVL is also a blow to reporters who know what to do with the report…other than stir up unnecessary FUD (fear, uncertainty, and doubt) in the minds of viewers.
In years past, experienced reporters and election observers have used the report to do good journalism in the public interest. I remember the first time I started seeing reports like this, but in particular, the work of Commercial Appeal reporter Zack McMillian back in 2010 when he was on the political beat.
He used the information in a way that challenged me to dig even deeper into the report…which ultimately led to the discoveries Dr. Weinberg and I made going public.
Journalism is supposed to both inform people, and make those who engage in it, either by profession or by hobby, better. Quander’s report doesn’t do that. It preys on the uninformed fears of people, who are already scared of the very big data his company makes money off of.
So way to go Michael Quander, and the Producers, News Directors, and other influential decision-makers at WREG Channel 3. You’ve just made it harder for people just like you to do their job. I know you’re proud.