The other day I posted a statement by the Vice Chancellor for Equity, Diversity & Inclusion and “Chief Diversity Officer” of the University of California at Irvine, who took it upon himself to make an official pronouncement about, and criticism of, the “not guilty on all charges” verdict given to Kyle Rittenhouse. Just to remind you, here’s the statement that Vice Chancellor Douglas Haynes issued to the entire UCI community:
The trial of Kyle Rittenhouse versus the State of Wisconsin concluded earlier today. The jury returned not guilty on all five counts of the original indictment (a sixth count was previously dismissed by the judge), including the murder of two people and the wounding of a third on August 25 in Kenosha, Wisconsin. The relief of the Rittenhouse family in this verdict was met by the heavy burden of the families mourning the absence of loved ones and the continuing trauma of the lone survivor.
The conclusion of this trial does not end the reckoning about systemic racism in the United States. If anything, it has simply made it more legible. Kyle Rittenhouse did not live in Wisconsin, but in Antioch, Illinois. He traveled to Kenosha during protests against police violence in the wake of the shooting of Jacob Blake while in police custody. Blake was shot seven times in the back. The Kenosha event continued protests in response to the killings of George Floyd on May 25, 2020 in Minneapolis and Breonna Taylor in St. Louis on March 13, 2020 in Louisville. These multi-racial protests were grounded in a call for racial justice and the end of police brutality. Rittenhouse imposed himself on the protests in Kenosha. His assistance was not requested. It was as much about resisting the calls of protestors as it was to defend property and render first aid.
For this reason, the verdict conveys a chilling message: Neither Black lives nor those of their allies’ matter.
UCI will continue its whole university approach to recognizing and responding to anti-Blackness as an existential threat to our mission as a public research university. Learn more on the UCI Black Thriving Initiative website.
I described why this statement, and similar statements making debatable political, ideological, or moral pronouncements should not be made officially by universities or colleges—either by administrators, departments, or other units of the school. (Such statements should be made privately and emphasized as the personal opinion of individuals.) It has to do with chilling of speech, which has to do with freedom of speech, and you can read more about my views at the original post. The rationale for prohibiting such statements is embodied in the University of Chicago’s “Kalven Report”, passed in 1967.
Well, apparently I’m not the only person who objected to Haynes’s statement, and he has now apologized for what he said—in effect retracted it. It’s not a lame apology either: he admits what he did wrong and says that it’s “uncomfortable and embarrassing to him”. Reader Michael posted it on the original thread, and I’ve now verified that this is a real statement.
Dear campus community,
Last week I shared my reflections on the announcement of the Rittenhouse verdict. Like the national conversation, my message generated a range of reactions and responses. As a university leader and educator, I would be remiss if I did not consider and reflect on this input. Listening is a critical skill that is important to our mission as a great public research university and valued by the many communities that we serve. Here, I want to acknowledge to the UCI community that I am listening.
Two criticisms stand out about my message. I appeared to call into question a lawful trial verdict. I also forced a relationship between the specific facts of the case to the unique dimensions of the racial reckoning in the United States. These criticisms are valid. While uncomfortable and embarrassing, I acknowledge and apologize for these mistakes. I prepared this message out of a desire to emphasize the importance of listening and learning as our society continues to face critical issues that challenge us.
I look forward to our continued campus dialogues in pursuit of inclusive excellence.
Douglas M. Haynes, Ph.D. (Pronouns: he/him/his)
Vice Chancellor for Equity, Diversity and Inclusion
Chief Diversity Officer
Director, ADVANCE Program
Professor of History
I have two things to say about this. First, Haynes left out the most important part of the apology, which was to say “I am sorry for making an official political statement as a representative of the University of California at Irvine.” Irvine, like all schools that purport to allow freedom of speech, have to buttress that by another stricture saying that Universities should not suppress or chill speech by making their own statements on politics or ideology.
Second, I don’t think Haynes is telling the truth when he says “I prepared this [presumably the first] message out of a desire to emphasize the importance of listening and learning as our society continues to face critical issues that challenge us.” I think he prepared the message as a sign of personal and institutional virtue signaling, and to show that he objected to the Rittenhouse verdict. There is nothing in his original statement that says its purpose was to emphasize listening and learning!
Despite these beefs, I’ll take the statement, as it’s better than nothing. Someone should send Haynes the Kalven Report, and all free-speech universities should adopt a version of it. In fact, I’m going to do that now.
UPDATE: I sent Dr. Haynes this email and enclosed our Kalven Report.
Dear Dr. Haynes,
I’ve been following your statement about the Rittenhouse verdict and your apology for issuing it, and I want to congratulate you for having the courage to admit when you made a misstep. Further, your apology was not hedged: it was honest and straightforward.
Here at the University of Chicago we have a policy embodied in the Kalven Report stipulating that no university administrator or department can make official pronouncements on ideology, politics, and morality, and I enclose a copy. The reason we do this is that the Kaven Report buttresses our Chicago Principles of Free Speech. If departments, units of the University, or administrators make such official statements, it leads to chilling of free speech: what untenured faculty member or student would dare take issue with an official university statement on, say, politics, or even the Rittenhouse trial? I really do think that more colleges and universities should adopt statements like the Kalven Report, and I urge you to read it; it’s short and (like your apology) to the point.
I wish you good luck in your endeavors.
Dept. Ecology & Evolution
The University of Chicago