Wednesday, June 12, 2019

MISSION, MINDSET & MOXIE

Poster in my faculty apartment, 1991
Time to clearly define the why, who & what.

As I see it, the Academy's current leadership, particularly in regard to its response to sexual assaults on campus, has demonstrated time-and-again that the institution is out of integrity.

As a third-generation alumnus and former faculty member, my respect for and commitment to the Academy and the ideals it represents runs deep. I am unwillingly compelled to now serve as the loyal opposition. Some may seek to cast me as an enemy instead. That I categorically reject.

The open minded will appreciate what is revealed here. My hope is that, once exposed, the current leadership will surrender to reality and the consequences it brings. A new kind of leadership will finally come, bringing the possibility for fundamental, necessary change.

Exeter Unafraid's mission:

To help restore and invigorate Phillips Exeter Academy's integrity. With that, begin the process of renewing and reinventing the institution's Non Sibi ethos for the 21st century.

Yesterday, today & tomorrow

It has been a century since Lewis Perry, the legendary head of school, transformed the institution. In my grandfather's day, before his arrival, the Academy was just another New England boarding school. By my father's class in 1940, the Harkness revolution was in full swing. This was the visionary education for The Greatest Generation. By the 1970's, the advent of coeducation in the wake of the Civil Rights era carried John Phillip's call to serve "youth from every quarter" forward. Now, it has been realized in a widely diverse, multiethnic, multiracial, international, interfaith student body.

Meanwhile, over the last forty years, the egalitarian ethos of The Greatest Generation has evaporated
1980 - the turning point
along with the middle class. Today, the American Experiment in self-rule has devolved into what is essentially an oligarchy as income inequity runs rampant, tearing the very fabric of society apart. Meanwhile, non-sustainable practices that generated the wealth cannot persist. The entire civilization is at risk in the onslaught of climate change as we find ourselves in the midst of the sixth mass extinction on the planet. In that this is self-imposed, it seems that we are, at best, self-destructive if not suicidal.

What is the function of an elite institution like the Phillips Exeter Academy in such circumstances?

The kind of selflessness, Non Sibi, modeled by the current leadership for Exeter students seems a reflection of the times. Following the changes in economic policy, taxation, and the social contract, Trickledown Non Sibi is about pursuing self-enrichment first. Then, charitable pursuits become the ultimate status symbol of the extraordinarily prosperous. In some ways, this echoes the Academy's Calvinist roots. Wealth is seen as the mark of virtue and salvation.

As we consider such an understanding of values, of worth, consider:

Is it a measure of excellence to be highly successful in a self-destructive society?

More specifically:

Is the actual function of the institution to enable the emerging oligarchy? Are we training students to serve a machine manufacturing environmental collapse - and along with it, our own demise?

Seen from this perspective, the need for accomplishing this project's mission is evident.

The Historic Imperative

My mission here is forward-seeking. But there is also an essential historic value, too. From the preface to my report to Academy leadership in 2016, A Sexual Predator at Exeter: Context & Consequences:

...As turbulent and difficult the current circumstances are, I feel it is important to appreciate how this material is historically and culturally significant. It should be preserved - and even made public at the appropriate time. Whether-or-not the Academy has the strength to be fully open about what happened....the full record (if it remains) provides an invaluable window to social historians, cultural anthropologists and others interested in seeing the inner workings of a narcissistic organization. Exeter is a community that, writ small, mirrors the larger culture. Those wanting to understand the generation just past will find this of extraordinary value.

Since submitting my report to the Academy's leadership in the Summer of 2016, subsequent events suggest this to be of more than historic interest. Of course, narcissism has become part of the national discussion. Sadly, there appears to be continuity from the events in the 1990's detailed in my study to today. The systemic issues that seemed to define PEA then apparently persist.

The upshot is that I am mindful of the need to create an authenticated record of these experiences. In time, I hope this will be deemed worthy to be entered into the Academy archives. Those who will enjoy access that I am currently denied to records there (faculty & Trustee minutes, etc.) will hopefully be able to settle whatever disputed points of fact there may be. In addition, I will be mapping out for future researchers where they might look for key information.  I hope the entire record will remain extant for future examination should anyone take an interest long after our era is all but forgotten.

Ethics, objectivity & a few caveats

I would do poorly in my mission to restore and invigorate integrity without demonstrating my own. 

I cannot claim the requisite objectivity to serve as a traditional journalist here. Still, I am a member of the Society of Professional Journalists as well as Investigative Reporters & Editors. So, as a "citizen journalist," I adhere to the SPJ's Code of Ethics. The code has, in fact, been updated in the past few years to extend the definition of "journalist" to endeavors like this. Anyone who takes issue with anything here should consult the code and feel free to raise objections in its terms.

Note that, beyond the SPJ Code, I am scrupulous in protecting the privacy of minors. No student's identity either past or present will be explicitly exposed without expressed prior consent. 

All that & a bottle of pop
Also, this is an individual, volunteer effort on my part. I do not have the luxury of layers of editorial review and revision. I take great effort to thoroughly research my subjects, fact-check, and to present findings fairly. Still, inadvertent errors may creep in. For those, let me offer my apologies in advance. Please let me know so I can address them promptly!

Oh, I should also mention - the Gaudeamus Igitur reflections operate in a somewhat different spirit. I trust all will find those more entertaining than challenging, but intriguing in their own right.

Finally, as far as my objectivity, there's an observation (I think it is by E.B. White. If you know who said it, please let me know) that captures my attitude: All writers have an angle, and some are even upright!

Please feel free to call me out if you find my posture slouching.

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Tips? Suggestions? Comments? Drop a line to: contact (at) ExeterUnafraid (dot) com

Sunday, June 9, 2019

PERSONALITIES, PRINCIPLES & THE PRINCIPAL

Once and for all, let's clear the air on one point: I do not mean to come on down too hard on Bill Rawson. I'm sure he is a terrific guy and a devoted Exonian. No doubt he's an able administrator, too.

Why restate this? I've received feedback expressing concern that my project here is about personalities, not principles. Let me dispel any such misapprehensions. Then, we've got some ground to cover.

Here's some factoids to include in any interpretation of my intentions.

After Rawson was hired last year, I reached out to congratulate him. I sent along the open letter I'd sent to the Principal and President of the Trustees back when the sexual abuse scandal hit in 2016. I posted it online. To my delight, I was informed that it had been read aloud at the Trustee meeting taking place to address the crisis:


A year ago, I sent this to Rawson both for his sake and mine. I thought it was a nice way to open the door to a productive relationship. I wanted to remember the sense of connection I had to Exeter and its leadership when the scandal hit. I sent him this before the start of classes:

...I am encouraged that your candidacy was put forward independently by faculty. I feel that faculty interests have been poorly represented for some time and so am pleased that you are seen by my former colleagues as an advocate for them. Also, I asked -------to share...impressions of you on the BoT. She said that you brought an independent, critical perspective. You were a standout, one of the very few who consistently asked tough questions and challenged assumptions and orthodoxy.

But there were questions, too. The essential one? "Are you a Churchill, the loyal opposition who somehow managed to take the reins to bring authentic, effective change?" 

Why Rawson?

So my actual concern isn't so much Principal Rawson, per se. Rather, it's the systemic issues that provided for his installation.

It seems to me there are three plausible reasons why the Trustees installed him as interim, then promoted him to the permanent job. The first, suggested by a devoted and insightful alum, seems most likely:

  1. The school is well-overdue for a capital campaign. It's now been over a decade. Principal MacFarlane was supposed to launch one in 2016, but that was derailed by the scandal. If they followed through with the initial interim schedule, we'd be well along with the search process now, on track for a new Principal in a year's time. It would take the new Principal a year to get sorted before such a campaign could go forward in 2021. Here, Rawson should be set to hit the ground running with it later this year.
  2. The Trustees simply don't want to deal with conducting a real-deal full search. It's time-consuming and exhausting - and they just did one recently for MacFarlane. 
  3. There's more troubling events that happened during Rawson and Downer's tenure as Trustees than we know about. The Choate/Hall report of the investigation into Trustee and administrative failings was perfunctory. It was tucked away under the headline-grabbing announcement naming faculty malefactors. Perhaps the investigation pointed to things that could prove troublesome if an outsider should take the reins. If so, it would be best for the legacy Trustees to install a colleague to delay and deflect as long as possible. 
  4. Any combination of the above. 
Now, the capital campaign logic sounds reasonable and positive. Unfortunately, as we will see, it is unlikely that such a campaign can go forward successfully under Rawson. 

That's a bold assertion. Let's set that aside for a moment. We will return to it.  

As far as the Trustee's desire to deal with a search? Who's to say. Tony Downer co-chaired the last full search. He certainly knows what's involved. 

Now, what about as-yet undisclosed malfeasance in the Choate/Hall investigation or elsewhere? 

When the "Interim Principal Advisory Committee" had rounded up its pool of candidates including  Rawson, PATH (Phillips Exeter Alumni for Truth & Healing) sought to help with the process. They wanted to be sure that the candidates were properly briefed on the status of the sexual assault findings. Also, they wanted to submit questions to the candidates. Their attempts were rebuffed. The reason? If you allowed anyone to ask questions, everyone would want to do the samet. This would be unwieldy and impractical. So PATH published this request as a letter in The Exonian.

The questions for Rawson were simple:

You don’t give dates in your statement, but it seems you might have been a trustee during the first Schubart internal disclosures. If that is true, what was your position, or vote even, on disclosure to the community?

What experiences can you share that suggest that you are ready to lead the current Exeter, and not the Exeter of the past?


I seems entirely possible that Trustee Rawson was in the thick of things examined in the Choate/Hall investigation. I asked Rawson to confirm this in an email in August last year:

Now, what's problematic is that we have no idea what role you played in, for example,
the failures Choate/Hall investigated. Let's consider one connected matter in particular -
Tom Hassan's departure...what is especially troubling is a decision by
Trustees to alter Hassan's contract - I believe this was ratified at the last board meeting
you attended. Here is the relevant text from the Academy's IRS Form 990 for FY16:



SCHEDULE J, PART I, LINE 4B
IN CONNECTION WITH THE FORMER PRINCIPAL'S EMPLOYMENT
AGREEMENT, THE PRINCIPAL WAS ENTITLED TO CONTINUATION OF HIS
ANNUAL BASE SALARY UPON TERMINATION OR EXPIRATION OF HIS
EMPLOYMENT AGREEMENT IN ACCORDANCE WITH THE FOLLOWING: (A)
UPON ATTAINING FIVE FULL YEARS OF SERVICE AS PRINCIPAL HE WAS
ENTITLED TO SIX MONTHS OF HIS ANNUAL BASE SALARY; AND (B) UPON
ATTAINING TEN FULL YEARS OF SERVICE HE WAS ENTITLED TO AN
ADDITIONAL SIX MONTHS OF HIS BASE SALARY. THE PRINCIPAL WAS NOT
ENTITLED TO PAYMENT IF HE IS TERMINATED FOR CAUSE.
EFFECTIVE JUNE 30, 2014, THE ACADEMY ENTERED INTO A REVISED
ARRANGEMENT WITH THE PRINCIPAL THAT SUPERSEDED THE ABOVE IN
CONNECTION WITH THE ADDITIONAL 6 MONTHS OF HIS BASE SALARY
UPON OBTAINING TEN FULL YEARS OF SERVICES. UNDER THE REVISED
AGREEMENT, SUCH PAYMENTS VESTED JUNE 30, 2015.

In other words, Hassan's employee retention bonus for ten-year's service was converted
into what appears to be a $200,000 farewell gift! This is especially problematic in that it
remains unclear whether or not he should have been terminated for cause instead.
As you can imagine, it should be a top priority to clarify what was driving this decision
and to be clear about who participated in it. This should come alongside a complete,
transparent publication of a report of the Choate/Hall investigation into Hassan's actions.
The current "report" fails to even mention his name!



I didn't get a reply to my email. After waiting two weeks, I sent it again. This time, an answer! He was somehow "under the mistaken impression that I had responded to your last communication – not sure how I made that mistake" and promised to follow up.

I will soon explain how that turned out....

Picking up a loose thread

Next, I want to close out a last few discoveries and observations about Rawson's professional background. We're going to be looking one last time at that Senate session to examine William K. Rawson, Esq. work as an "environmental attorney." 

I think I've come up with a novel, unexpected perspective to see this fresh.

One challenge for having a Principal Instructor with no significant professional credentials in academia: what kind of instruction might he offer? 

It would be a shame, however long Principal Rawson remains at PEA, if he doesn't teach or at least co-teach a class. How can you truly understand what's extraordinary about Harkness teaching without hands-on experience? This isn't just for his benefit, either. There's no better way to come to know students than to connect with them in the classroom.

Rawson, I will argue, is extraordinarily qualified to teach an interdisciplinary course on the interrelation between science, business, social activism, professional ethics, personal morality and politics. Also, do not underestimate his teaching experience. He may have grossly understated this when he candidated. It seems he's a seasoned lecturer.  

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Tips? Suggestions? Comments? Drop a line to: contact (at) ExeterUnafraid (dot) com 

Friday, June 7, 2019

GAUDEAMUS IGITUR: THE GOLDEN SHOVEL AWARD, 1978

An underground comix sensibility
vis-à-vis Timothy P. Moynihan, '74
An essential part of my pre-admission indoctrination to the Academy came from pouring over my older sibs PEANs, the yearbooks from '72 and '74.

At coeducation's inception, alongside the mainstreaming of 60's counterculture, the PEAN took on a freewheeling style. This allowed the occasional off-color comment to make it into the senior quotes.

One still sticks in my mind:

If you asked a bunch of Exies to swim across a river of shit, not only would they do it, but they would make a race of it to see who could get across first.

It's hard to say whether this is more observation, critique or insult. I actually saw logic in it. If you had to do such a thing, why not make the best of it? A contest to speed the process seems perfectly reasonable.

Such an attitude made me Exeter material.

Gaining the Upper Hand

Arriving as a two-year student in the Fall of 1977, there was no time to acculturate. It was a sink-or-swim, and many sank. I soon found myself confronted by one of the key rites of passage: the American History term paper.

In English classes, excessive verbiage often served as cover for those who had not done the day's reading. It was de rigueur to both create and to call out such florid elocution, often referred to as Cosmic Bullshit or CBS and DHM (Deep Hidden Meaning). But my American history class was singular for its collection of loud-mouthed, procrastinating blow-hards and the signature rhetorical styles they evinced - present company not excepted. The ensemble cast featured three characters who dominated the proceedings. Each were like farmers laying down a rich layer of manure to fertilize the day's discussion, yielding an often unsavory harvest. 

In the interest of collegiality, they shall remain anonymous. A description of their particular roles in this malodorous melange will suffice. 
"Dynamic Tension" in the classroom
Together, we tested out our sometimes specious readings of the glories that are our heritage. Each displayed the essential skill for success at the Harkness table and after - the ability to strike a tone of gravitas. With an authoritative air, even self-evidently absurd assertions enjoyed the pretense of plausibility. Also, all evinced the ability to expound at great length. Building on this shared foundation, the contrasting personalities at play added what Charles Atlas termed "dynamic tension" to the proceedings.

The first, let's call him the wisecracker, generated a continual flow of bon mots peppering his observations. While he did not shy away from offering his interpretations of the many and momentous events considered, his greatest contributions came in responding to others. The more grand their pronouncement, the more devastating his cunning quip. In essence, he was serious in his intent to keep us from being serious.

His perfect counterpart was who we'll call the Southern Gent. He affected a courtly manner, like the antebellum cavaliers in the first reel of Gone With the Wind. Given the scarcity of Southern sensibilities at the school, he enjoyed deferential status. In our class, he served as cultural ambassador to what he portrayed as a mythical land. In most any discussion, he would offer what was purportedly the definitive perspective from the far side of the Mason-Dixon line. His finest moments came when he didn't have any particular view on the matter-at-hand. To satisfy Yankee expectations, he would manufacture one - often in the way of extravagant, unfounded claims. These provided the opportunity for the Wisecracker to exercise his excellence. This made for dynamic tension par excellence.

The teacher, who shall also go unnamed for now, seemed resigned to leave much of these fabulist fancies unchallenged. He would inject a note of skepticism only as things got completely out-of-hand.

Back when PEA had a dress code
Our third interlocutor, your humble chronicler of said events, sometimes suffered the schadenfreude of the aforementioned classmates. 

My intellectual development had reached a stage where I found myself able to take what I learned in one area and apply it elsewhere. As I soon discovered, my fledgling attempts at such cross-pollination could prove problematic. One day, I found myself absorbed by a tidbit of psychological insight. The sure sign of true reverence for an accomplishment is when commentators refrain from attributing any element of chance to the achievement. To say that luck was involved would steal away from what was the result of talent and determination. 

During a class discussion about the mass mania that followed Charles Lindbergh's solo trans-Atlantic flight, my classmates tossed in details from the reading. These highlighted the hysteria over him that was a sign of the times. Something touched the national spirit.

Once the Wisecracker and Southern Gent had their say, I unfurled what I felt would be the last word. My insight was not merely a regurgitation from the textbook. This was an original contribution. So I set out my thesis as to how the true measure of the public's extraordinary appreciation was how they attributed Lindbergh's success to skill alone. Luck played no part. I was mellifluousness personified as I unfurled every bit of sail to catch the hot air billowing from me to sally forth into uncharted regions of intellection, much as Lindbergh himself had braved the void over the open Atlantic.

As I finished, the Wisecracker had a question for my otherwise flawless exhortation. 

"That's quite interesting," he said, acknowledging the mastery of my exposition. "But why do you suppose they called him 'Lucky Lindy?'"

The Agony and the Ecstasy

Outside of class, we were expected to be hard at work on what was the culmination of our coursework - the dreaded term paper. The aim was to teach us research skills, how to use the library, pull together sources, use footnotes - a hands-on introduction to scholarly work. We were supposed to have been chipping away at this all term, generating the elements to be honed into a 10-page magnum opus. The syllabus generously alloted time for all this. But given the many other obligations and extracurriculars, I had reallocated that time to other, more pressing tasks.

In class the day before the deadline, each member of our troika tossed a few nervous witticisms about having to start from scratch. The teacher made it plain that if this was a joke, it was not funny.

Knowing this was no joke, we held a council of war after class. To our amazement, we discovered that each shared the same predicament. The three of us were all completely unprepared with only 24 hours till deadline - no research, much less writing. As the shock subsided, we grasped how this afforded an extraordinary opportunity. We each fancied our own brand of BS as the best. Here, sharing the same handicap, we could once-and-for all determine who truly was the champ. The terms of the contest were simple. Whoever got the highest grade would be treated by the others to a sumptuous breakfast at the “grill” – the student on-campus eatery. 

My first post-school byline - in the Bulletin
What lay ahead in that long night's journey into day included another mainstay of the Exeter Experience: the one-draft wonder. This is a forgotten art from the typewriter era lost with the advent of word-processing. You might say that, in its day, the one-draft wonder reflected mastery of Bodhisattva consciousness - first thought, best thought. Rewriting was for those restricted to lesser levels of enlightenment.

I have absolutely no recollection of what I wrote about that night. What I do remember is the all-nighter needed for its completion. I wasn't alone on that odyssey. Dorm mates in other history sections were working on their term papers. As the night got underway, classmates compared notes on where they were at in their research and writing. I explained the contest underway. All I had at the start of the evening's ordeal was a few unread texts and a desire to win that prize breakfast. My peers acknowledged both the audacity and nobility of my quest for excellence amidst adversity. They took an interest in it, offering encouragement. It would be a matter of dorm pride should I triumph given the distinguished field of competitors. To support one another, we scheduled study-break check-ins every 90 minutes, beginning at midnight. This would help strengthen each other's resolve. We would make it through this together.

That first break was my deadline for finishing research. Then, I would be set to grind - shorthand slang for putting your shoulder to the grindstone - on composing the paper itself. As midnight neared, I set aside the texts I'd skimmed. I took a walkabout through the dorm to clear my head on the way to the study break. Along the way, I encountered an underclassman. It was after lights out for him. They had a 10:30 curfew. The all-nighter was reserved for upperclassmen only. I suggested that he return to his quarters immediately. Somehow, we ended up in a scuffle. In the process, I sprained my right thumb. Should I go to the infirmary to have it tended to? There wasn't time. Returning to my task, every keystroke on the typewriter brought searing pain.

I had started the night hopelessly behind those with their research done and writing underway. By the 3am check-in, what has seemed impossible - that I could actually do this - had entered the realm of possibility. Meanwhile, some who seemed so steadfast in their commitment had already folded, surrendering to sleep. But for the indefatigable spirits that remained, our commitment to each other magnified our determination. That was enough to overcome exhaustion. By 4:30am, I was finally on track to finish. As the all-nighter turned to day, I'd managed to pull it off.

Our last check-in gathered those remaining to share a meal of thanksgiving. At that point, I had all-but-forgotten about the contest with my classroom rivals. What mattered was that I had finished - alongside my brothers-in-arms. We had faced the common peril. Whatever the outcome for our efforts in the teacher's gradebook, we had already been found worthy in each other's eyes.

Outsiders to the boarding school experience wonder about the intense loyalty alumni feel for places like Exeter. It's shared moments like these that forge such lifelong bonds.

A Spontaneous Appreciation for a Singular Talent

A hallowed honor
As class time came, I along with my competitors were bleary-eyed as we wandered in to submit whatever we'd managed to cobble together. Unlike college where you could crash after an all-nighter, Exeter required that you reset and rebound. Class that day may have been the only time when our trio showed restraint. We had a long, sleep-deprived day ahead.

When the papers came back a few days later, we all flipped through the pages, glancing at comments. No one was so crass as to simply go to the last page to find the grade. That would be déclassé. The teacher's comments on mine said that the writing seemed a bit rushed. Still, the depth of my research was clear - a solid effort. Then, inside a big red circle, a B- - honors in those days. That earned me the laurels in our competition. The Southern Gent, appropriately enough, earned a "Gentleman's C." The Wisecracker only eked out a passing grade, a D+. 

At the end of the term, the class spontaneously decided to hold a vote to determine who should be honored with the Golden Shovel award. There was no actual shovel - solid gold or mere plate. It was just an informal, infrequent honor bestowed by Exonians to Exonians. The teacher acknowledged that, given the extraordinary talents displayed, it was right to bestow such a distinction on one of our members. The Wisecracker prevailed in the ballot, making up for his undistinguished finish earlier.

Despite the decades past, whatever the particulars of any given Exeter Experience then or now, a timeless truth remains. An all-nighter is a day you've truly lived.

Postscript: 

The teacher, unmentioned, was Rick Schubart. Yes, I knew him well enough. Likewise for Don Foster, my dorm head during my Senior year. Most of all, I knew George Mangan. He was my mentor and, later, we had been close as colleagues. If somehow you don't know, their grievous transgressions with students have been well-documented.

Still, I cannot and will not allow their failings to taint my otherwise sacred memories. But, saying that, I feel ever more acutely an inexpressible sorrow for those directly affected by these violations. Their sacred memories are not so easily untainted.

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Tips? Suggestions? Comments? Drop a line to: contact (at) ExeterUnafraid (dot) com

Friday, May 31, 2019

GAUDEAMUS IGITUR: THE MIDNIGHT SCREAM OF '92

As promised, the inaugural Gaudeamus Igitur!

Much of the matters I've been discussing here are difficult. The fierce loyalty that many feel for their alma mater is such that Exeter Unafraid is simply beyond the pale. For some, that I could violate the schoolboy code and speak openly about such things - that's what's truly problematic.

As I have said elsewhere, it isn't despite my devotion to Exeter that I feel compelled to expose the unfortunate realities - it's because of it.  As such, I steadfastly refuse the temptation to be made into an enemy of the Academy! Instead, I embrace the call to serve as the loyal opposition. I invite you to join me to seek a moral renaissance that can only begin by restoring Exeter's integrity.  

That being said, it's easy to get enmeshed here in negativity over the current leadership. What is the antidote?

To show the affection and admiration I have for this great institution, I offer Gaudeamus Igitur. Here, I'll lovingly share the anecdotes and adventures from both my student and faculty days. I trust you will find these enlightening, entertaining,  and entirely Exonian.  

This week, in honor of the end of the term, the tale of the Midnight Scream of 1992. 


***

Cowpath
One fine fall afternoon, a crew of seniors congregated in my "flight deck" faculty apartment in Wentworth Hall. Our conversation turned to legendary pranks. 

In the Old School, before coeducation came along in the 1970's, the all-testosterone chemistry sparked some elaborate stunts. Back in the day, a VW "Bug" had somehow been hauled up onto the Assembly Hall stage. On another occasion, a cow. What's wonderful about the cow conspiracy is that it must have had a farm kid connected to it. Someone knew what no city dweller would - you can get a cow to climb stairs. But unlike most gravity-driven phenomena, what goes up in this case doesn't necessarily come down so easily. And there are a lot of steps to get from the Assembly Hall stage to the street.

After passing on this and other Academy lore, the seniors began to ponder how they might make their mark. As it happens, I shared an idle idea that passed through my mind in student days. I never found the time to carry it out - just another near-forgotten adolescent daydream.

The core concept was to take one of the Academy's longstanding forbidden traditions to a new level. The Midnight Scream was particular to the institution because of the peculiar pedagogy that set it apart from other schools. Much has been said of the vaunted Harkness education, seminar-style teaching around a round table. That, combined with another element, is what forges the extraordinary alloy of an Exeter education. The teaching does not focus on exams. This comes from the conviction that life requires constant readiness. Any pedagogy that culminates in some big test is not the proper way to prepare students for what John Phillips called "the great end, and real business of living." So, instead of exams, students at Exeter are constantly peppered with quizzes. In effect, every day is a test that should be gone after as if it were the final exam. That is a philosophy to live by!

At schools that operate around exams, terms end over several days depending on any given student's schedule. After the end of classes, exams begin and things die out with a whimper. But at Exeter, everyone finishes the term at the same time. And so - it ends with a MIDNIGHT SCREAM!!!!

In its classic formulation, the Midnight Scream consists of students opening up their dorm room windows just before midnight. When the bell in the Academy building's tower rings signaling the moment, Exonians let out a howl only matched by non-Exonian teens at the height of Beatlemania. 

Lots of visitors to Seacoast NH
Back in the 70's, the school began to crack down on this tradition. Word had it that those nearby on farms complained. After the scream, cows refused to give up milk for days. To enforce the ban, faculty would carefully monitor the situation from outside. As kids opened windows to carry out this nefarious deed , faculty on patrol would call out to discourage transgressors. Still, it was hard to squelch the scream. 

My notion was to introduce technology into the mix. There is, after all, a limit to the volume any one teenage can muster. But what if all the stereos on campus were brought to bear?

The seniors embraced the idea. The conspiracy to carry it out was now underway. At that point, I properly distanced myself from the proceedings. It was their prank, after all. Moreover, it would be unseemly for a faculty member to engage in such activity. However, I offered to volunteer, albeit informally, as the faculty advisor. They accepted my offer. As such, I insisted that they respect one key boundary. No major rules could be broken in executing this stunt.

The initial idea was to craft a recording and then broadcast it out of WPEA, the student radio station. Everyone would tune in to it, and so be in synch. As the year passed and the end-of-term loomed just weeks away, a fundamental problem because clear. There was no way to play this out of WPEA without violating my ground rule. It would require that someone sneak out of the dorm after-hours to get to the station then located in the old library. During one of our infrequent check-ins on the matter, the conspirators expressed their frustration. How could they accomplish this without breaking any major rules?

I suspect they were looking for me to give them an easy out, to either explicitly of tacitly sanction the needed rule-breaking to facilitate the original plan. Of course, I did neither. I insisted that they find some means to carry out the caper within the duly agreed limits. I encouraged them to meet the challenge. That is, I argued, what made it a worthwhile prank. If it could be easily accomplished, where would be the greatness?

I didn't hear from them for awhile. Then, as graduation neared, I was informed that a solution to the problem had been found. I didn't know the details of their preparations, but I would guess that agents passed the word from dorm-to-dorm, student to student.

On the night following the last day of classes, as midnight neared, my fellow dorm faculty assembled dutifully outside to carry out one of our last tasks for the year. We chatted amicably in anticipation to the usual struggle to suppress this voluminous expression of adolescent enthusiasm. The conspirators had managed to maintain secrecy. My colleagues were clueless. As we fanned out around the dorm, a few commented on how unusually quiet things were. Perhaps this venerable tradition had died? It seemed odd - was something up that we had somehow missed?

And then.... 

All at once, windows across campus flung open with loudspeakers perched at the ready, tuned to a nearby broadcaster. Moments later, the voice of the overnight disc jockey at WHEB, the 100,000 watt powerhouse rock station in Portsmouth, announced that he was going to play a special request to and from the students at Phillips Exeter Academy. The recording produced in the WPEA studios then blared across campus for a minute that seemed like an eternity. It was so loud that as my colleagues called to me to try to coordinate some kind of response, their instructions were unintelligible in the din.

I will refrain from attempting to describe the actual contents of the recording. You had to be there.

After, the DJ played Kool and the Gang's "Celebrate." I remember some girls in Amen Hall spilled outside to dance.

I feigned surprise and indignation alongside my colleagues. No, they didn't like getting bettered in this practical joke. At graduation, after the shock had settled down, the Principal showed herself to be a better sport by honoring the undertaking with an aside in her graduation address.

It wasn't till years later that I fessed up my small part to any former colleague. As I explained to the conspirators, what little I added was simply a graduation gift from the Class of '79 to the Class of '92.
***
And - a special shout-out of congratulations to the Class of 2019!

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Wednesday, May 29, 2019

RAWSON: GUILT BY TRADE ASSOCIATION + THE MAN WHO WOULD BE PRINCIPAL

A noted author and authority
Phillips Exeter Trustee President Tony Downer said that  Bill Rawson cleared a high bar in announcing his promotion from interim to full Principal last January: 

We are a community that expects the exceptional from our leadership. We seek in our Principal an individual who does not simply understand our values, but who models those values in how he or she lives. 

Unlike his predecessors who distinguished themselves in academic endeavours, Rawson returned to the Academy through a different route. There's one thing you can say about his decades practicing law. He appears to have been a standout in his profession (for those that missed it in my previous post, this remarkable moment in his career is captured in a must-see three minute video).

Is it even imaginable that the search advisory committee charged with clearing candidates last year failed to review his distinguished background? Then, presented with the committee's candidates, surely the Trustees reviewed their fellow alumnus and former colleagues' work history.

Besides Rawson, there are four JDs currently serving on the Academy's board, including the Trustee President. They must have done their duty to carry out the proper due dilly before appointing him interim, much less Principal, right?

His Chosen Work: Crucial & Controversial 

Rawson's chosen field in law is crucial and controversial. His particular expertise, the Toxic Substances Control Act (TSCA), affects the health and wellbeing of everyone in the United States. His choice of clients?  Now, that's a matter of some concern. Some jaundiced souls might get the impression that his services were in great demand by --- no, I won't even attempt to characterize them. I will leave it to you, gentle readers, to make your own unbiased determination. Let me know what you think.

First, it's well to note that what's publicly available only gives a glimpse of Rawson's professional work. Maybe what I've uncovered isn't a representative sample. But it makes one thing clear: we deserve to have an honest appraisal of how he spent his career in law. As yet, my request for information from Rawson and the Trustees has gone unanswered. So, let's give them the benefit of the doubt. It's a busy time of year. 

While we're waiting for them to get back with their responses, let's review what's ready-to-hand. 

Begin with CropLife America, formerly known as the National Agricultural Chemicals Association. It is "the national trade association that represents the manufacturers, formulators and distributors of pesticides." 


According to the Pesticide Action Network

Chlorpyrifos is an organophosphate pesticide known for its damaging effects on the human nervous system.... These neurological effects pose especially elevated risks for children as their brains and nervous systems develop...Humans can breathe or be exposed to dust from chlorpyrifos that drifts from nearby fields into homes and schools. 

While Rawson's work on this is some year's past, the issue lives on. Efforts to address this pesticide continue, most recently with a state ban in California (click here for the Washington Post's reporting on the struggle between consumer advocates and industry).

(Update: the FDA moved forward to ban chlorpyrifos to protect farmworkers and children in 2022.) 

 Perhaps a Pattern 

Next, consider Rawson's work for the American Chemistry Council (ACC) and the Toy Industry Association. 

ACC is one of the largest trade organizations in the country with a $100 million dollar annual budget. You may have heard about their efforts against regulating greenhouse gasses that drive climate change 10 years ago. Now, they've shifted gears. Members are part of the solution to the problem, so they say. Oh, and they're a champion of sustainability, too!  What's not to like?

Fated to encounter orthophthalates?


The American Chemistry Council also figures in one of the most controversial public health debates since cigarettes - flame retardant chemicals used in home furnishings. 

The controversy over these chemicals and the industry's efforts around them are the centerpiece of a compelling documentary, Merchants of Doubt. It details how the strategy and tactics used by Big Tobacco spawned an industry of spin and deception deployed for other problematic products. It has also been adapted by climate change deniers. 

The controversy over flame retardants became a national topic of discussion in 2012 with the Chicago Tribune's expose Playing with Fire, revealing the vast apparatus of manufacturers, trade associations, lobbyists and whatever other instruments of influence they mustered for their cause. 

For New Englanders, the story had a local face. Hannah Pingree, former speaker of the Maine House, raised awareness nationally about both the hazards of these chemicals and the industry machinery promoting their continued use. This opinion piece she co-authored, Hold chemical companies to account, gives a concise summation of the issue from her perspective.   

Pingree appeared alongside Rawson at a U.S. Senate hearing that addressed flame retardants, also in 2012. As I mentioned in the last post ("Introducing William K. Rawson, Esq.) he was a minority witness. He represented Albemarle Corporation, a flame retardant manufacturer and ICL-IP, an Israeli importer of these chemicals. This recent profile of Albemarle in The Nation is a must-read: 

Like other makers of dangerous chemicals, Albemarle has stayed one step ahead of the law and public outrage by perfecting a cynical version of the classic bait-and-switch scam. When regulators ban one flame retardant because of its undeniable health impacts, the manufacturers simply tweak a molecule here and there to produce a similar but legally distinct product. Then they give that product a new name and hustle it back onto the market. 

There's a great deal more to be gleaned from the transcript and video of this hearing. Pingree had this to say, respectfully, about some of those at the table that day:

No Hollywood ending to our story
... what we learned is that the chemical industry does not always tell the truth. And they will do a variety of means to beat back regulation of chemicals, especially considering they are making considerable profits selling these chemicals...We had many of the companies represented at this table, the American Chemistry Council, spending huge amounts of money misleading legislators and doing whatever they could to deny that, for example, the chemical Deca had both health impacts and was building up in people. So I have great respect for all the folks up here, but I really would say as a parent I do not trust these companies to tell the truth about their chemicals, and I do not think the American public or you, as Senators, should either.


I will be returning to look more closely at this hearing so we can come to understand it fully. It tells us a great deal about Attorney Rawson. 

It's well to note, the controversy over flame retardant chemicals continues. This 2017 opinion piece in Maine's Bangor Daily News shows that the well-funded industry promoters are still at it.  

SIDEBAR STORIES WITHOUT THE SIDEBAR    

Chemicals, Cancer & Seacoast New Hampshire 

In their eagerness to appoint Rawson, perhaps the Trustees were unaware of what seacoast residents cannot ignore: cancer clusters linked to toxic chemicals in the area. 

Over the past five years, the issue of chemical contamination causing pediatric cancers in the region have been a top-of-mind issue for those in the region, home to a superfund cleanup site. There's extensive coverage of this in local media. It has received statewide-attention from the Governor's office on down. 

So this matter of Rawson's past working with petrochemical and pesticide clients may have special meaning to seacoast residents. How appropriate is it to have a former attorney for such interests serve as a moral leader in this community? 

Smart about ALEC

Both CropLife America and ACC are members of the American Legislative Exchange Council (ALEC). ALEC is the pay-for-play "bill mill" where, according to the Center for Media and Democracy:

...corporate lobbyists and state legislators vote as equals on ‘model bills’ to change our rights that often benefit the corporations’ bottom line at public expense... Participating legislators, overwhelmingly conservative Republicans, then bring those proposals home and introduce them in statehouses across the land as their own brilliant ideas and important public policy innovations—without disclosing that corporations crafted and voted on the bills. 

Here's a glimpse of ALEC's role here. The industry forces are powerful, and they can overwhelm local governance. So the strategy is to be sure to take these matters out from federal control. From there, ALEC and its allies introduce bills at state legislatures. The added element is typically a State Policy Network-affiliated "think tank." These pass along purportedly independent studies that are, in fact, public relations cover for the ALEC-authored legislation. 

What's grotesque here is that often the rationale for taking things from federal jurisdiction is to promote local control. But the industry trade association/ALEC/think tank nexus operates on a national level. So this is, in fact, a loss of local governance. All this is largely driven by "dark" money. The think tanks are almost invariably 501(c)3 public charities. The tax-deductible donations made to them can be kept anonymous. As such, this subversion of our democracy is taxpayer-funded.

 ***

Next up, the first "Flashback Friday." This time, a recollection from my days on the faculty. Here, the insider account of the legendary Midnight Scream of 1992.

***
 
Afterwards - The Man Who Would Be Principal
 
Bill Rawson was hired as Interim for two years in the Summer of 2018. Repeatedly, faculty expressed reservations about this process. It was a time when the Academy was forced to address its unfortunate history of operating without appropriate policy and process. Many I spoke to both in and outside of the Academy community found there was little to be concerned with since he was only hired as an interim. This was a stopgap measure. A proper, formal search process would soon follow.
 
Rawson was asked how his role of interim differed. "In some sense, I am in the same position as any principal who intends to retire in two years. I have some near-term goals, and I will also initiate conversations that will extend well beyond my period of service...my job is largely to pose questions, not to answer them."
 
Actually, much of his initial efforts were directed at making sure questions weren't asked.

That August saw the release of the "overview" of the "independent investigation" into sexual assault on campus. The "overview" was dumped late one Friday afternoon in August. Despite multimillionaire-dollar investments in both the "independent investigation" and a parallel non-independent one, none of their findings was on the agenda at Exeter Leadership Weekend just weeks after. I published something about it in the local newspaper to coincide with the alumni gathering.
 
Next, Rawson answered one of the gnarliest questions - what to do with Rev. "Bobbie" Thompson? Thompson had been on paid leave since 2016 following embarrassing revelations about his response to a campus sexual assault featured in the Boston Globe. Then, the school's "independent investigation" found that Thompson and his wife had "failed in their responsibilities to address alleged misconduct impacting the health, safety and welfare of students in a proper and effective manner." Before the end of October, Rawson closed this out "amicably." Thompson retired, but without emeritus status. Some of his supporters wondered how Thompson could have agreed to this. The actual extent of the sizable settlement wasn't disclosed - but you might say it was at least as big as a house.

Then, some six weeks later, before Rawson had even completed a single term of his two-year contract, the Trustees sent the General Alumni Association Directors new marching orders. One of the Directors summarized how they were directed:

"...the board asked the GAA members to speak to a 'circle of alumni' and ask them whether they were in favor of Bill Rawson becoming Principal.  Keep in mind the request was given on December 14th with a two week deadline; not a great time to be asking for people's time, but I did reach out to ten classmates."

Rawson's unexpected promotion was announced on January 25th. Tony Downer, Trustee President, said that this decision followed "extensive outreach to discern the Exeter community's views." The school reported that he went on to say that "Trustees gathered alumni input through outreach undertaken by the 18 directors of the General Alumni Association who serve as representatives of the alumni body."

This is at odds with the GAA Director's information suggesting that this "extensive outreach" was actually rather limited - at least in regard to alumni. That director had contacted 10 alumni.  Say that was average. So, under 200 alumni had been asked for their input. Given that the entire alumni community numbers around 21,000, that's under 1%.  The Trustee President's claim of an "extensive outreach" seems, at best, a gross misrepresentation. 

The Trustees' holiday gift for Bill Rawson

The core question here is - why the rush to promote the Interim?  It would have been easy for the Trustees to gather input from alumni and others for at least a month or so. The previous search for a Principal included extensive email outreach plus "alumni get-togethers," in-person gatherings in major cities across the United States. Why not at least send out an email to alumni rather than task the GAA Directors?  If the process brought negative feedback, the Trustees could have started a search committee by the end of the school year and still have plenty of time. The previous full search, complete with "alumni get-togethers," took only about seven months.

 That same GAA Director went on to offer what information he was able to gather to explain this sudden turn of events:

"I'm learning of all this in real time too...there was a 'chorus' of strong support for Bill across the different groups polled (students, faculty, staff, alums) which made the board's decision easier. The decision to act now to hire Bill was because 1) having him as a candidate in a national search might impact the search, i.e. discourage candidates from applying, 2) he has exceeded the school community's expectations in every way imaginable, and 3) the school community has been suffering for years from all the misconduct issues (which are not entirely behind us) and there was a collective anxiety to get on with a transition." 

Given the problematic way alumni were "polled," how much confidence should their be that this same flawed methodology wasn't also used with the other groups?

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Sunday, May 26, 2019

INTRODUCING WILLIAM K. RAWSON, Esq.

A standout on the panel, U.S. Senate, 2012



We're about to wade into troubled waters.

Where we left off (The Interim Maneuver, 22 May), Bill Rawson had been selected by Trustees to serve as Interim Principal in what appeared to be a perfunctory process. He won out over a surprisingly limited field of candidates, only one with the credentials normally expected for leading a private secondary school. Unfortunately, none had the specialized expertise to do the job that needed to get done

What job?

Typically, an "interim" is just a placeholder. But here, the need to address outstanding problems called for something more - an independent outsider to bring a reality-check. This specialized interim leadership, sometimes termed an "intentional interim," requires a specialized expertise. Basically, an intentional interim is a consultant empowered to be a change agent. So as to assure their independence and objectivity, they are obliged to depart at the end of their assignment, typically under two years. After, the assignment is over, they have no further ties to the organization. There's no fear or favor since there's nothing to gain or lose beyond accomplishing the task at hand.

The Academy is a textbook example of an organization in need for such a break in typical leadership, an interregnum to get its bearings. What are the signs (adapted here from ministry)? First, Principals appointed at the Academy are normally expected to carry out a 10-year commitment. Tom Hassan lasted less than six, Lisa MacFarlane just half that. Churning leadership indicates underlying structural problems. 

Hassan: a change in contract
Another marker for intentional interim work is when leadership has been compelled to leave, or does so under the cloud of some moral failure. Check the box. Hassan drew censure - not by his own employer, but by The Association of Boarding Schools

So the Academy has been reeling. Two Principals now down and out under the storm of a campus sex abuse scandal. By any measure, the institution has been in desperate need for the professional services of an intentional interim.

I am not the only person to recognize this.

In The Exonian, as the Interim Principal Advisory Committee completed its task, History Instructor Michael Golay went on record to underscore the need for something more than a stand-in while searching for a permanent Principal. The choice for interim is “more important than the permanent appointment down the road...the problems that the interim is going to have to deal with are so important and so urgent that we need to make progress on them in order to get a strong set of candidates for the 16th principal position.”

Golay was remarkably outspoken in his criticism of the Committee:

We went weeks without hearing anything from the trustee head of the advisory committee. I haven’t heard anything from any of the members of the committee. And my guess is that most of my colleagues would say the same thing if you ask them: that the operation has not been, in any sense of the word, transparent.

There's a few more things to unpack here to get a fuller understanding of how Bill Rawson became Interim Principal. There's a few missing pieces, too, before we can have a comprehensive picture.

First, the process apparently wasn't a smooth a slam-dunk. The Interim Principal Advisory Committee launched on February 26th. Committee Chair Claudine Gay set the soft deadline for input on March 7. That's a very narrow window. Still, it took time for the committee to conclude its work - finished when it presented three candidates to the Trustees on April 23rd. The Exonian reported that this was behind schedule.

Downer’s initial statement in February that the final decision would be made soon has also led many to question why the process took far longer than originally anticipated. “Nobody expected it to go on for three months,” Golay said.

Already behind-the ball, now it was in the Trustee's court. Faculty member Andrew McTammany, a member of the advisory committee, expected a quick decision. “There’s an urgency because the interim principal would ideally be placed and learn about the job from our current principal before she leaves,” he said.

What delayed this urgent undertaking?

Dissension over Due Dilly?

As I mentioned, there's some pieces missing from the puzzle to explain the delays in the search and selection process. One possible stumbling block: Rawson's professional experience.

The school's disclosures about Rawson's professional career are rather limited. In the original coverage of the committee's candidate selection, he's the only one to decline an interview by the Exonian's reporters. Instead, one of his former teachers, Jack Herney, delivered the inside dope:

He’s been a student, a parent, a faculty member, a trustee. That’s quite a combination. Clearly somebody like that would know the school very well...Very few people, I would guess, know the Academy from as many different perspectives as Mr. Rawson.

Then, in his candidate statement, he only makes a passing reference to his 30+ year professional career, mentioning only his "...experience building a law practice, chairing a department, and mentoring younger lawyers."

But what kind of law practice?

The Academy's announcement gives a sketch: 

Rawson practiced law at the international law firm of Latham & Watkins in the Washington, D.C, office...in addition to co-founding and chairing the firm’s environmental department in Washington, he served on several firm management committees, including recruiting, finance, and associate career development and training.
Following a few links sent by a fellow Exonian, I started searching for what I could find about Rawson - alternate professional biographies and examples of his environmental work. I found this in a book he co-authored:

William K. Rawson is a partner in the Washington, D.C., office of Latham & Watkins LLP where he chairs the office’s Environment, Land & Resources Department. He also co-chairs the firm’s global Chemical Regulation and Product Defense Practice Group. Mr. Rawson maintains a broad-gauged environmental regulatory and litigation practice focusing on high-stakes chemical-related issues arising under most major environmental statutes and also in connection with congressional investigations, state legislative initiatives, and high visibility coverage by national news media. He has extensive experience dealing with complex issues pertaining to hazard, exposure, and risk assessment and risk communication. In 2006, Mr. Rawson testified before the full Senate Committee on the Environment and Public Works on TSCA reform.

Clients include obscure outfits like Croplife America and the American Chemistry Council.

But what does this all mean?

Request for Information: Trustees

Paging Tony Downer...
Last week, I sent emails to both Rawson and the Trustees to be sure that the scattered pieces of his work accurately represents his vocational interests. I included a few questions including this:

"Product defense" for the petrochemical and pesticide industry appears to have been his metier. How does "product defense" differ from, say, criminal defense work?

Criminal defense attorneys may zealously defend an individual accused (and even demonstrably guilty) of despicable crimes- something that some would find morally abhorrent. Still, they may be motivated by a transcendent ideal, that everyone is entitled to such a defense. As such, this vocation is in alignment with the Academy's Non Sibi ethos. How does work in "product defense" align with some transcendent value, with Non Sibi?


I provided a partial list of court filing and the like that I had discovered. I grouped these under various chemicals they address. I included a link to background materials on the chemical, then to his filings for particular clients.

Response? Thus far, not a peep - not even an acknowledgement of receipt. Here's what I sent to Tony Downer, the President of the Trustees. It contains numerous links and citations. I welcome those practicing law - especially environmental law - to review. If this is in your purview, please tell me how this looks from your professional perspective. 

Into the ring with Boxer

Many of the legal documents are simply outside of my ambit. Easier to understand is an exchange in 2012 between Sen. Barbara Boxer and William K. Rawson, Esq. representing the Albemarle Corporation, a domestic producer of flame retardants and ICL-IP, an Israeli importer of the same.

I offer this without comment - Rawson answering the question:

Do you agree that chemical manufacturers should have to prove through unbiased studies that their products are safe for pregnant women, for infants, and for children before they can sell those chemicals in the U.S.?


Next up, I'll delve into this in detail explaining why what is portrayed in this exchange is telling and troubling - aside from the obvious. See "Rawson: Guilt by Trade Association."

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