OPINION: Legal scholar and former federal prosecutor F. Lee Francis asks why alleged victim did not report to police
A black Gettysburg College student’s allegation that he had the n-word written on him by a white male wielding a “box cutter” is facing questions from a former federal prosecutor and current law professor.
The black student alleged a teammate “used a box cutter to cut the N-word on his chest. They also said that the victim was the only person of color at the gathering,” as reported by the campus newspaper.
However, the school said the allegation involved “a plastic or ceramic tool,” according to The Gettysburgian.
The alleged victim has been dismissed from the team. The alleged perpetrator has left the school, according to CNN.
“In less than 48 hours after the incident, our son was interviewed by the members of the coaching staff and summarily dismissed (not suspended) from the swim team,” a published statement from the alleged victim’s family stated. “The punitive action was taken prior to the commencement of the Office of Student Rights and Responsibilities own investigation. This does not appear to have followed the policies and procedures stated in the Gettysburg College Student-Athlete Manual.”
The family has filed complaints with local NAACP groups and the Pennsylvania Commission on Human Rights.
However, the human rights commission has no authority to “investigate” incidents.
In a statement addressing the situation, the PHRC stated it “does not have the authority to charge or investigate hate crimes or criminal offenses.” Rather, it tracks incidents.
The circumstances, including that the family has not reported the incident to police, raises questions for Professor F. Lee Francis. He is a former federal prosecutor and officer in the Army’s Judge Advocate General’s Corps, according to his faculty bio.
“I don’t think that by saying questions are outstanding means that we are denying the person’s experience or saying that what they have experienced or believe is wrong,” Francis told ABC 27.
MORE: There were 12 campus hate crime hoaxes in the 2023-24 school year
“But we do need to make sure we have our facts in order,” the Widener University law professor (pictured) said. “How does something like this happen? It makes me wonder why the person…would go to the media rather than going to the police if something as serious as a hate crime really did occur.”
Other issues should raise concerns of the role the alleged victim played – and if it was possibly some sort of prank.
“No matter the relationship, and no matter the motivation, there is no place on this campus for words or actions that demean, degrade, or marginalize based on one’s identity and history,” President Bob Iuliano stated.
If the “motivation” isn’t an act of hate, why bring it up?
Furthermore, the alleged victim’s own punishment raises a question – why is a victim being punished?
Of course, The Fix is no stranger to how universities can run roughshod over due process, but the fact he was punished at least warrants further investigation.
President Iuliano also reportedly told a faculty meeting: “This is also, I was just saying to someone perhaps the most, one of the more complicated and nuanced cases I’ve seen in my time in higher education,” according to the student newspaper. “And it has certainly generated more than its share of speculation in the media, in social media.”
Interesting.
If is white student, out of racial animosity, literally etched a racial slur into a black teammate, I wouldn’t describe it as “complicated and nuanced.” It sounds like a simple act of hate – wrong to do, but not particularly “complicated.”
If someone steals a car or burns down a house, that isn’t really “complicated” unless there is a deeper back story.
There certainly is “speculation” – and the situation deserves further follow up and answers.
The Fix has identified the likely alleged victim of the attack and has reached out for comment. The Fix will not be identifying the potential victim at this time.
MORE: There were 19 campus hate crime hoaxes in 2023
IMAGE: Roland S. Martin/YouTube
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