Researches in Education
Why research in anything, particularly in education? I think there are several reasons for doing so. Foremost is the idea that we are not alone in this vast universe. No particular instant is ever so unique. I think the Preacher mentioned something like this. Wherefore, it is useless and stupid to assume that yours is a unique situation, or worse, you want to start from scratch, without referring to results of other researchers. The latter is just a sort of excuse. First, they maintained that the research situation in their school is different. Theirs is a different race, culture, gender, age group, country, wealth level, economic status. Their students and teachers have different attitudes, aptitudes, personalities, and motivation. The parameters are different. We can raise an infinite reason for not believing research. But all these boil down to the single reason of self-denial - to the fact that one simply don't get the value of statistical probability and decision making. It is like Hume debating Kant all over again. When you say that research situation is different in your school, you are speaking the truth. Indeed, Carl Jung once said that "The individual is an exception to the rule". But does that make us shun the results of research? By far no.
Research is what makes us stand on the shoulders of giants. We must grow from the findings of the past, checking and re-checking, improving and furthering, applying and misapplying past concepts to new situations.
We cannot start from scratch every time. Else, we will always need to reprove that water = H2O or that Pluto is a planet. I know that perhaps, in the future there will be a lot of improvements on those two statements. But those improvements will not make the statements here less correct. It is using the knowledge that we have at present - the science of our times.
I don't know why some people say they believe in science and yet won't apply the results of research. I think it has to do with confusion (they don't know which to apply, there seems to be millions - sometimes conflicting results), laziness (there are too many of them for me to just even read one), lack of time on the part of the educational leader, and finally, the general goal and direction of survival (they just want to survive the day, the quarter, the school year - minus the lawsuits of course).
Sunday, February 25, 2007
Expectancy Theory Predictions
This is a review of an article I got from Proquest entitled Within-Person Expectancy Theory Predictions of Accounting Students' Motivation to Achieve Academic Success.
The authors are
Harrell, Adrian, Caldwell, Charles, Doty, Edwin. It was taken from The Accounting Review Sarasota: Oct 1985. Vol. 60, Iss. 4, p. 724 (12 pp.)
ISSN / ISBN 00014826
Proquest Document ID 925409
url http://proquest.umi.com/pqdweb?did=925409&Fmt=2&clientId=47883&RQT=309&VName=PQD
Abstract
Evidence is presented to support the contention that the force model of expectancy theory (Vroom, 1964) offers a useful conceptual framework for understanding a student's motivation to strive for academic success. Previous studies on this issue have used the methodologically flawed across-persons approach. Here, the within-persons decision modeling approach of Stahl and Harrell (1981) is employed. A total of 77 undergraduate students majoring in accounting voluntarily took part in the study and completed a decision-making exercise. Several important results were obtained: 1. Force model predictions of student motivation are very accurate (R=.85). 2. Increases in the value of expectancy result in declining marginal increases in a student's motivation. 3. A student's motivation to strive for academic success is positively related to the student's actual academic performance. The results have implications for the grading and other policies of accounting educators who want to establish a learning environment that encourages high student motivation.
Review: The article also probes into the question of grading. In my case, this is the most important point in this article. Since I am interested in student motivation, expectancy theory is almost automatically included in my research. Now, the inner workings of the theory presupposes our understanding of the valences of the people we are working with. The reward system that follows from our motivation should be considered - that is, whether they value this or not.
I am reminded of my child's behavior in front of the computer. She plays this activity cd for pre-school, which I bought sometime ago. In that activity, everytime she accomplishes something, she "receives" a train ticket. Now, after four such "tickets", she gets to choose the train destination from a variety of places - ruler land (her favorite), the land of numbers, the land of colors....etc. Now, I recently noticed that everytime she gets a correct answer, she would make this sound midway between crying and exasperation. And I would always ask her, "What's the matter, you got it correct, didn't you?" Worse will happen when she finally receives four of those. I was a little disturbed (I always am, anyway) at this especially since at times, she would deliberately pull a mistake, so I paid attention at what she is doing - she plays on my other computer beside my own computer (she says - this so big for daddy, this small - for baby) . I observed that most of the times, when choosing between the "hiding places" of the mouse, she would choose the wrong one first - "I am hiding behind something that is green", and she would choose the blue one first" before she chooses the correct one. I realized that the reason why she's doing that is because she wants to lengthen her play time. She doesn't want the ticket. She doesn't want the train ride. She wants the enjoyment.
In our case in school, some students would rather just focus on the learning, rather than the grades and the evaluation (testing). But how do we know? We should be focused on the students, and really try to find out - uncover their valences. If we know how to motivate them, then our teaching will be more fun and less exasperating.
Now, in the article at bar, the authors found out that there exists a high correlation between student academic achievement and their motivation to strive for academic success. If a student is motivated to strive for academic success, more likely he/she will have a higher academic achievement - whether measured in grades or other means.
The authors are
Harrell, Adrian, Caldwell, Charles, Doty, Edwin. It was taken from The Accounting Review Sarasota: Oct 1985. Vol. 60, Iss. 4, p. 724 (12 pp.)
ISSN / ISBN 00014826
Proquest Document ID 925409
url http://proquest.umi.com/pqdweb?did=925409&Fmt=2&clientId=47883&RQT=309&VName=PQD
Abstract
Evidence is presented to support the contention that the force model of expectancy theory (Vroom, 1964) offers a useful conceptual framework for understanding a student's motivation to strive for academic success. Previous studies on this issue have used the methodologically flawed across-persons approach. Here, the within-persons decision modeling approach of Stahl and Harrell (1981) is employed. A total of 77 undergraduate students majoring in accounting voluntarily took part in the study and completed a decision-making exercise. Several important results were obtained: 1. Force model predictions of student motivation are very accurate (R=.85). 2. Increases in the value of expectancy result in declining marginal increases in a student's motivation. 3. A student's motivation to strive for academic success is positively related to the student's actual academic performance. The results have implications for the grading and other policies of accounting educators who want to establish a learning environment that encourages high student motivation.
Review: The article also probes into the question of grading. In my case, this is the most important point in this article. Since I am interested in student motivation, expectancy theory is almost automatically included in my research. Now, the inner workings of the theory presupposes our understanding of the valences of the people we are working with. The reward system that follows from our motivation should be considered - that is, whether they value this or not.
I am reminded of my child's behavior in front of the computer. She plays this activity cd for pre-school, which I bought sometime ago. In that activity, everytime she accomplishes something, she "receives" a train ticket. Now, after four such "tickets", she gets to choose the train destination from a variety of places - ruler land (her favorite), the land of numbers, the land of colors....etc. Now, I recently noticed that everytime she gets a correct answer, she would make this sound midway between crying and exasperation. And I would always ask her, "What's the matter, you got it correct, didn't you?" Worse will happen when she finally receives four of those. I was a little disturbed (I always am, anyway) at this especially since at times, she would deliberately pull a mistake, so I paid attention at what she is doing - she plays on my other computer beside my own computer (she says - this so big for daddy, this small - for baby) . I observed that most of the times, when choosing between the "hiding places" of the mouse, she would choose the wrong one first - "I am hiding behind something that is green", and she would choose the blue one first" before she chooses the correct one. I realized that the reason why she's doing that is because she wants to lengthen her play time. She doesn't want the ticket. She doesn't want the train ride. She wants the enjoyment.
In our case in school, some students would rather just focus on the learning, rather than the grades and the evaluation (testing). But how do we know? We should be focused on the students, and really try to find out - uncover their valences. If we know how to motivate them, then our teaching will be more fun and less exasperating.
Now, in the article at bar, the authors found out that there exists a high correlation between student academic achievement and their motivation to strive for academic success. If a student is motivated to strive for academic success, more likely he/she will have a higher academic achievement - whether measured in grades or other means.
Assertive Discipline (Canter and Canter)
Assertive Discipline (Canter and Canter, 1997)
Teachers should gain control of the classroom through insistence on students' appropriate behavior. Student infractions should be dealt with assertively.
* Assertive - "Sit down on your chair and do the seatwork now."
* Tell the student the expected behavior straightforwardly. No passivity nor hostility. Canter and Canter recommends saying the order up to three times, ignoring the distractions students will do - crying, cursing, excuses.
* Student: "I will sharpen my pencil first, teacher." Assertive teacher: "I understand. But I want you to sit down on your chair and do the seatwork now."
* Student: "Why are you always picking on me?" Assertive Teacher: "I understand what you feel, John. But I want you to sit down on your chair and do the seatwork now."
* Maintain eye contact and refer to the student with his/her name. Sometimes, we beat around the bush, perhaps for fear of embarrassing the student (especially in High School). But Canter and Canter maintain that we should refer to the misbehaving child immediately and by name. "Timothy, I want you to sit down and do your work." This the teacher says looking at Timothy straight in the eye. But there should be no hostility.
* Ignore the distractions of the students. "Sir, I am just borrowing pencil." "I understand, but you have to sit down and do your work." Focus on the rule and the behavior.
* If all else fails, do not be hostile. Do not curse. Deal with the misbehavior in a democratic way - through the rules. Remember that we are trying to grow democratic and law-abiding citizens in the classroom. They must also learn the penalty for breaking the norms and the law. But of course, there must be an appropriate punishment for every mistake. By appropriate, I mean that you cannot suspend a child for merely standing up. You cannot send him or her to the principal's office for merely disregarding your express wishes. You must be particular on the rules. The school must have its rules, and these must be clear on the students. If the issue is disobedience and disrespect, you must deal with it swiftly and justly. Else, all the other students will not respect you anymore. Be firm and considerate at the same time.
* Don't make excuses for the children. Don't let inadequate parenting, poor health and all else make excuse for a misbehavior. Treat all students fairly and equally. That's how it is in real life anyway.
* Don't disrupt the classes because of the misbehavior. Implement the consequence as simple as possible.
Teachers should gain control of the classroom through insistence on students' appropriate behavior. Student infractions should be dealt with assertively.
* Assertive - "Sit down on your chair and do the seatwork now."
* Tell the student the expected behavior straightforwardly. No passivity nor hostility. Canter and Canter recommends saying the order up to three times, ignoring the distractions students will do - crying, cursing, excuses.
* Student: "I will sharpen my pencil first, teacher." Assertive teacher: "I understand. But I want you to sit down on your chair and do the seatwork now."
* Student: "Why are you always picking on me?" Assertive Teacher: "I understand what you feel, John. But I want you to sit down on your chair and do the seatwork now."
* Maintain eye contact and refer to the student with his/her name. Sometimes, we beat around the bush, perhaps for fear of embarrassing the student (especially in High School). But Canter and Canter maintain that we should refer to the misbehaving child immediately and by name. "Timothy, I want you to sit down and do your work." This the teacher says looking at Timothy straight in the eye. But there should be no hostility.
* Ignore the distractions of the students. "Sir, I am just borrowing pencil." "I understand, but you have to sit down and do your work." Focus on the rule and the behavior.
* If all else fails, do not be hostile. Do not curse. Deal with the misbehavior in a democratic way - through the rules. Remember that we are trying to grow democratic and law-abiding citizens in the classroom. They must also learn the penalty for breaking the norms and the law. But of course, there must be an appropriate punishment for every mistake. By appropriate, I mean that you cannot suspend a child for merely standing up. You cannot send him or her to the principal's office for merely disregarding your express wishes. You must be particular on the rules. The school must have its rules, and these must be clear on the students. If the issue is disobedience and disrespect, you must deal with it swiftly and justly. Else, all the other students will not respect you anymore. Be firm and considerate at the same time.
* Don't make excuses for the children. Don't let inadequate parenting, poor health and all else make excuse for a misbehavior. Treat all students fairly and equally. That's how it is in real life anyway.
* Don't disrupt the classes because of the misbehavior. Implement the consequence as simple as possible.
Study of APSA results in FHMS
This is a quantitative analysis of the academic / scholarship program of FHMS. In order to gauge the effectiveness of FHMS especially in delivering instruction, FHMS opted to employ the services of APSA (Asian Psychological Services and Assessment Corporation).
The 30 students of FHMS – Malolos were tested before they were accepted to the scholarship program. Chosen from more than 100 applicants, these students were accepted after submission of their card for grade 3, and subjected to interview by teachers. Their homes were also visited by our Social Worker, who rated their economic and social adequacy.
Before the classes started this June, these students were again tested on their academic aptitude in English (Language Arts), Science and Math.
Statement of the problem:
1. Are the increases in SAS (Scaled Ability Score) significant for a) English b) Science, and c) Math?
2. Are the increases in PR (Percentile Ranking) significant for a) English b) Science, and c) Math?
3. What among the following factors explain
i) high APSA SAS and
ii) high APSA SAS increase?
a. Gender
b. Age
c. Economic Adequacy
d. Social Adequacy
e. Teacher Factor/Grouping
f. Academic Performance in Grade 3
g. APSA Scores in Grade 3
4. Are there significant relationships among the following factors (taken two at a time or bivariate)?
a. English Grade 3 Grade
b. Math Grade 3 Grade
c. Science Grade 3 Grade
d. APSA English post Grade 3
e. APSA Math post Grade 3
f. ILA Grade for First Trimester
g. Math Grade for First Trimester
h. Science Grade for First Trimester
i. General Average for First Trimester
j. Percentile Rank – Star Reading (Renaissance Learning)
k. Percentile Rank – Star Math (Renaissance Learning)
l. APSA Grade 4 Pretest SAS in English
m. APSA Grade 4 Pretest SAS in Science
n. APSA Grade 4 Pretest SAS in Math
o. APSA Grade 4 Midterm SAS in English
p. APSA Grade 4 Midterm SAS in Science
q. APSA Grade 4 Midterm SAS in Math
5. Multiple Correlation – Predicting APSA Success
a. What predicts high SAS in English?
b. What predicts high SAS in Math?
c. What predicts high SAS in Science?
d. What predicts success in academics (high General Average)?
e. What predicts high conduct grade?
6. What is the path analysis of the success in APSA scoring, as demonstrated by high SAS scores?
Tools Used:
I used SPSS (Statistical Package for the Social Sciences) 12.0, and Microsoft Excel 2003 to perform the following statistical treatment and analysis:
For number 1 and 2, Paired-wise Sample T-test;
For number 3, One-way ANOVA and Chi-Square;
For number 4, Pearson correlation
For number 5, Multiple Correlation / Linear Regression (stepwise)
For number 6, Path Analysis
Results:
1. a. Are the increases in SAS (Scaled Ability Score) significant for English?
Yes. The mean SAS for ILA increased 9% from 69.17 to 75.59. Paired-wise T-test for the paired scores yielded a p-value of 9.78 E -09, an error below 0.01%. Statistically speaking, we are sure that the two scores are significantly different 99.99%.
The distribution of students based on proficiency level (as reported by APSA) will point out the differences in nominal scale:
Proficiency Level June 2006 October 2006
Proficient 0 6
Progressing Towards Standards 12 24
Standards Not Met 17 0
b) Are the increases in SAS (Scaled Ability Score) significant for Science?
Yes. The mean SAS for Science increased 10% from 67.48 to 74.21. Paired-wise t-test for the paired scores yielded a p-value of 3.16 E -07, an error below 0.01%. Statistically speaking, we are sure that the two scores are significantly different 99.99% of the time.
The distribution of students based on proficiency level (as reported by APSA) will point out the differences in nominal scale:
Proficiency Level June 2006 October 2006
Proficient 0 5
Progressing Towards Standards 8 22
Standards Not Met 21 3
b) Are the increases in SAS (Scaled Ability Score) significant for Math?
Yes. The mean SAS for Math increased 10% from 71.24 to 78.13. Paired-wise t-test for the paired scores yielded a p-value of 2.73 E -08, an error below 0.01%. Statistically speaking, we are sure that the two scores are significantly different 99.99%.
The distribution of students based on proficiency level (as reported by APSA) will point out the differences in nominal scale:
Proficiency Level June 2006 October 2006
Proficient 2 13
Progressing Towards Standards 19 16
Standards Not Met 8 1
2. Are the increases in PR (Percentile Ranking) significant for a) English b) Science,
and c) Math?
For the questions above, the answers are all YES. PR ended up for English 122% (from 15.17 to 33.69), 124% for Science (13.38 to 29.97), and 103% (21.48 to 43.55) for Math. T-test gives significant differences for the three paired variables, with p-values lesser than 0.000. Hence, as above, we are 99.99% sure that the paired scores are significantly different.
It is also considered that FHMS’ student scores represent the aptitude for a grade 4 student in his/her 5th month. The standards used by APSA are based on students who have finished grade 4 already.
In fact, in the attached Excel file, I studied each APSA skill and found out that most of the wrong items are those items that have not been tackled yet in the classroom, following scope and sequence. Amazingly, there are items where FHMS scored better against the standards, even for those which have not tackled by all the groups especially in Math. (Please see attached file Apsa analysis of skills mastered, an excel file)
3. What among the following factors explain
i. high APSA SAS and
ii. high APSA SAS increase?
a. Gender – Although the girls have outdone the boys in APSA English, APSA Math, APSA Science, General Average, Star Reading PR, and Star Math PR, the difference cannot be attributed apart from chance. We cannot reject the null hypothesis; hence, there is no significant difference between the scores of the boys and the girls.
b. Age – For the age groups, we have three age groups in FHMS – Malolos: the 9 year olds (N=7), the 10 year olds (N=17) and the 11 year olds (N=6). We see here that the 9 year olds have the highest scores in all tests and the 11 year olds, the lowest. The differences in scores for the three groups are significant for the following: APSA Science (p=0.016), Math (p=0.048), Star Reading (p=0.034, the 9-year olds are better reader than the 11 year olds, and this difference is significant), and the General Average for First Trimester (p=0.024).
The nine year olds are the students who are early schoolers. In contrast, the 11 year olds are those students who have not started school early, or those who have not been promoted quickly. For example, Angela, our first honor last trimester is only 9, and she said she was promoted from kinder to grade 1. On the contrary, most of our 11 year olds are those who are struggling in academics (Moran, Macasiray)
c. Economic Adequacy
The result is a non-significant verdict. Economic Adequacy cannot explain high SAS in Science, English and Math.
d. Social Adequacy
Not significant for all APSA subjects.
e. Teacher Factor/Grouping.
Every child was factored as to their teachers for the first five months. For example, Aguillon started ILA last June with Teacher G (high group). When transfers were made to other groups last August, he wasn’t transferred. Then, after the first trimester test, he was transferred to Teacher M (higher group) where he stayed for two months. Hence, for the teacher factor, Aguillon stayed with Teacher G 60% of the time, and with Teacher M 40% of the time. His SAS increase in ILA is 4 points. This will reflect with Teacher G as 2.4 (4 x 60%) and with Teacher M as 1.6 (4 x 40%). This is done for Math and ILA, computing only the increases in SAS and in Percentile Ranking.
Chi-square was used to verify whether there is consistency in the share of each teacher in the increase, taking into consideration the time each student stayed with them.
For ILA, total increase for all students amounted to 186 points. Teacher G’s share is 52.59 (there was a period of time when the high group numbered only 6), Teacher M 73.12 (she handled more students), and Teacher A 60.29. Factoring all the increases of students to the shares of each teacher who handled each of them, we came up with a 67 pt increase in G, 79.4 in M, and 39.6 in A. Dividing the total time the students were with them, we have an average increase in G of 8.17, M, 6.96 and A, 4.21.
Chi-square checked this against the theoretical probability scores for each teacher share and the result is a significant verdict with p = 0.003. Hence, for ILA, teacher is a factor.
For Math, the result is more or less the same. Average increase in Teacher G is 8.55, M 5.6 and A 5.76. Chi square analysis gives a verdict of significant difference, with p = 0.014. Hence, allowing 1.4% error, we are sure that teacher is a factor in Math APSA results.
I used only the SAS increase because considering SAS per se will all the more give higher score to G in Math, who handled the highest group. It will also skew Teacher A in ILA who handled the highest group 60% of the time, or to Teacher G, who handled them 40% of the time.
f. Academic Performance in Grade 3
Not significant enough for English (p=0.064), Science (p=0.869) and Math (p=0.425).
g. APSA Scores in Grade 3
Not significant enough, with p-value of 0.101 for English SAS. For Science SAS, it is significant (p=0.023). The highest performers in APSA Grade 3 scored an average of 78.83 as compared to the lowest performers from APSA Grade 3, whose average is at 71.5 only.
It is also significant for Math SAS, with the scores coming from the 3rd group (those who ranked 13th to 18th in APSA grade 3) outperforming even the 1st group (those who ranked 1st to 6th in APSA grade 3). Their average is 82, as compared to 78.03 by all the groups. The 1st group (those who ranked 1st to 6th in APSA Grade 3) has an average of 80. This may prove that FHMS is not catering only for the brightest. Indeed, those who perform very well in our midterm APSA test were not always the best from grade 3. Neither are they the ones who did very well in APSA grade 3.
4. Are there significant relationships among the following factors (taken two at a time or bivariate)?
Before I give the correlations, let me define the terms here. “Correlated” in this part of the study means that there is a significant (p < 0.05, or 95% certainty) relationship between the two variables. Now, “highly correlated” will mean that the relationship between the two variables is highly significant with p < 0.01, or 99% certainty.
a. English Grade 3 Grade. Highly correlated to Math grade 3, Science grade 3, APSA English post grade 3, Science grade for first trimester, General Average for first trimester, APSA Grade 4 English pretest. Correlated with ILA grade for first Trimester, Math grade for first Trimester, Percentile Rank for Star Math, APSA Math 4 Pretest, APSA English SAS Midterm and APSA Math SAS Midterm.
Here, it would appear that one of the best predictors of success in our students is their grade in English from grade 3. This is understandable since our class revolves around the Language class, in accordance to the SIOP background. Even Science success in class is presupposed by the student success in English grade 3. Now, we also see a consistency of grades in grade 3. The grades of Math, Science and English are all highly correlated against each other. Also, it has significant relationships with all the APSA test results for both pretest and midterm test.
b. Math Grade 3 Grade. Highly correlated with Science grade 3, Science grade for first trimester, General Average for first trimester, APSA Grade 4 ILA Pretest. Correlated with Math grade for first trimester, PR Rank – Star Math, APSA Grade 4 Math Pretest, and APSA Grade 4 Math Midterm SAS.
No new knowledge here. As in English 3 grade, Math 3 grades predict success in APSA and Academics.
c. Science Grade 3 Grade. Highly correlated with Science grade for First Trimester, and APSA Grade 4 English Pretest. Correlated with APSA English post grade 3 test, Math grade for first trimester, General Average for first trimester, APSA Grade 4 English Mid SAS.
Same as in Math 3 and English 3.
d. APSA English post Grade 3. Correlated with Science grade for first trimester. Highly correlated with APSA English midterm SAS. Both English APSA tests are correlated, which is understandable.
e. APSA Math post Grade 3. Highly correlated with ILA grade for first trimester, APSA Grade 4 Science Midterm SAS, and APSA Grade 4 Math Midterm SAS.
The result here points out that those who were good in math in grade 3 (evidenced by our APSA grade 3 posttest) are most likely to get high SAS for Science and Math in the midterm. Science and Math are of course related with each other, especially in the measurement part.
f. ILA Grade for First Trimester. Highly correlated with Math, Science and General Average for First Trimester, Percentile Ranking for Star Reading, APSA Midterm SAS for Math, APSA Midterm SAS for Science, and APSA Midterm SAS for English. It is also correlated with Percentile Rank in Star Math.
This will point out that our grading system is consistent with the true aptitude of the students, and their classroom performance predicts APSA success or failure.
g. Math Grade for First Trimester. Highly correlated with Science grade, General Average, PR in Star Math, PR in Star Reading, APSA Midterm Math and APSA Midterm Science. It is also correlated with APSA Midterm English (p=0.03).
Again, we have the same conclusion as above. Math grade for first trimester is representative of the students’ aptitude, not only in Math, but also in Science and English.
h. Science Grade for First Trimester. Highly correlated with General Average for First Trimester, PR in Star Math, PR in Star Reading, APSA Midterm SAS for Science, Math and English.
Science grade seems to be most representative of the student’s APSA success in academics and a good predictor of APSA success.
i. General Average for First Trimester. Highly correlated with Star Reading, Star Math, APSA Midterm SAS for Science, English and Math
j. Percentile Rank – Star Reading (Renaissance Learning). Correlated with Star Math, Math SAS Midterm APSA. Highly correlated with English and Science APSA Midterm SAS
k. Percentile Rank – Star Math (Renaissance Learning). Highly correlated with English and Math SAS APSA Midterm. Correlated with Science SAS APSA Midterm.
l. APSA Grade 4 Pretest SAS in English. Not correlated
m. APSA Grade 4 Pretest SAS in Science. Highly correlated with Science and Math Midterm SAS APSA.
n. APSA Grade 4 Pretest SAS in Math. Correlated with APSA English Midterm SAS.
o. APSA Grade 4 Midterm SAS in English. Highly Correlated with Science APSA Midterm SAS
p. APSA Grade 4 Midterm SAS in Science. Highly Correlated with Math APSA Midterm SAS
q. APSA Grade 4 Midterm SAS in Math. Follows from above.
5. Multiple Correlation – Predicting APSA Success
I used multiple correlation using linear regression analysis (SPSS-assisted, stepwise) in order to identify the best predictors for APSA high SAS. I considered many models, as will be clear in the attachment (Predicting APSA Success2.doc) and the model presented here is the best model.
a. What predicts high SAS in English?
The best model is the one with the following factors as predictors:
APSA English 3 post grade 3 and Percentile Rank in Star Reading. This model has an R of 0.719 and an R-square of 0.516. This means that this regression line accounts for the variance in the variables 51.60% of the time. It is significant with p=0.000
Coefficients are: Star Reading 0.782, APSA Grade 3 English, 0.321. The coefficient of the constant is 49.691. All are significant with p < 0.01
Hence, APSA SAS English = 0.782 Star Reading + 0.321 APSA Grade 3 English + 49.691
Another model to be considered uses the General Average for the First Trimester, although the coefficients given to Star Reading is higher (0.564), followed by General Average (0.291). Lastly, we have APSA Grade 3 English (0.268). This simply means that in predicting English SAS APSA, it is more important to note their score in Star Reading. Then, we must consider their First Trimester General Average. Lastly, we must take a look at their previous APSA English results from Grade 3.
b. What predicts high SAS in Math?
The only predictor given by the Linear Regression is the General Average for the First Trimester. This regression line has an R of 0.786, an R-square of 0.618, and is significant with p=0.000. This means that this regression line allows error of 0.000+ % only, and can account for the variance of the variable 61.8% of the time.
Coefficient of General Average is 1.360 (Significant with p=0.000). Constant is at -34.111 (significant, p=0.05). Hence, regression line is
APSA Science SAS = 1.36 General Average – 34.111
c. What predicts high SAS in Science?
Again, amazingly, the only predictor given by the Linear Regression is the General Average for the First Trimester. This regression line has an R of 0.760, an R-square of 0.577, and is significant with p=0.000. This means that this regression line allows error of 0.000+ % only, and can account for the variance of the variable 57.7% of the time.
Coefficient of General Average is 1.118 (Significant with p=0.000). Constant is at -17.981 (not significant, p=0.247). Hence, regression line is
APSA Science SAS = 1.118 General Average – 17.981
d. What predicts success in academics (high General Average)?
e. What predicts high conduct grade?
6. What is the path analysis of the success in APSA scoring, as demonstrated by high SAS scores?
The 30 students of FHMS – Malolos were tested before they were accepted to the scholarship program. Chosen from more than 100 applicants, these students were accepted after submission of their card for grade 3, and subjected to interview by teachers. Their homes were also visited by our Social Worker, who rated their economic and social adequacy.
Before the classes started this June, these students were again tested on their academic aptitude in English (Language Arts), Science and Math.
Statement of the problem:
1. Are the increases in SAS (Scaled Ability Score) significant for a) English b) Science, and c) Math?
2. Are the increases in PR (Percentile Ranking) significant for a) English b) Science, and c) Math?
3. What among the following factors explain
i) high APSA SAS and
ii) high APSA SAS increase?
a. Gender
b. Age
c. Economic Adequacy
d. Social Adequacy
e. Teacher Factor/Grouping
f. Academic Performance in Grade 3
g. APSA Scores in Grade 3
4. Are there significant relationships among the following factors (taken two at a time or bivariate)?
a. English Grade 3 Grade
b. Math Grade 3 Grade
c. Science Grade 3 Grade
d. APSA English post Grade 3
e. APSA Math post Grade 3
f. ILA Grade for First Trimester
g. Math Grade for First Trimester
h. Science Grade for First Trimester
i. General Average for First Trimester
j. Percentile Rank – Star Reading (Renaissance Learning)
k. Percentile Rank – Star Math (Renaissance Learning)
l. APSA Grade 4 Pretest SAS in English
m. APSA Grade 4 Pretest SAS in Science
n. APSA Grade 4 Pretest SAS in Math
o. APSA Grade 4 Midterm SAS in English
p. APSA Grade 4 Midterm SAS in Science
q. APSA Grade 4 Midterm SAS in Math
5. Multiple Correlation – Predicting APSA Success
a. What predicts high SAS in English?
b. What predicts high SAS in Math?
c. What predicts high SAS in Science?
d. What predicts success in academics (high General Average)?
e. What predicts high conduct grade?
6. What is the path analysis of the success in APSA scoring, as demonstrated by high SAS scores?
Tools Used:
I used SPSS (Statistical Package for the Social Sciences) 12.0, and Microsoft Excel 2003 to perform the following statistical treatment and analysis:
For number 1 and 2, Paired-wise Sample T-test;
For number 3, One-way ANOVA and Chi-Square;
For number 4, Pearson correlation
For number 5, Multiple Correlation / Linear Regression (stepwise)
For number 6, Path Analysis
Results:
1. a. Are the increases in SAS (Scaled Ability Score) significant for English?
Yes. The mean SAS for ILA increased 9% from 69.17 to 75.59. Paired-wise T-test for the paired scores yielded a p-value of 9.78 E -09, an error below 0.01%. Statistically speaking, we are sure that the two scores are significantly different 99.99%.
The distribution of students based on proficiency level (as reported by APSA) will point out the differences in nominal scale:
Proficiency Level June 2006 October 2006
Proficient 0 6
Progressing Towards Standards 12 24
Standards Not Met 17 0
b) Are the increases in SAS (Scaled Ability Score) significant for Science?
Yes. The mean SAS for Science increased 10% from 67.48 to 74.21. Paired-wise t-test for the paired scores yielded a p-value of 3.16 E -07, an error below 0.01%. Statistically speaking, we are sure that the two scores are significantly different 99.99% of the time.
The distribution of students based on proficiency level (as reported by APSA) will point out the differences in nominal scale:
Proficiency Level June 2006 October 2006
Proficient 0 5
Progressing Towards Standards 8 22
Standards Not Met 21 3
b) Are the increases in SAS (Scaled Ability Score) significant for Math?
Yes. The mean SAS for Math increased 10% from 71.24 to 78.13. Paired-wise t-test for the paired scores yielded a p-value of 2.73 E -08, an error below 0.01%. Statistically speaking, we are sure that the two scores are significantly different 99.99%.
The distribution of students based on proficiency level (as reported by APSA) will point out the differences in nominal scale:
Proficiency Level June 2006 October 2006
Proficient 2 13
Progressing Towards Standards 19 16
Standards Not Met 8 1
2. Are the increases in PR (Percentile Ranking) significant for a) English b) Science,
and c) Math?
For the questions above, the answers are all YES. PR ended up for English 122% (from 15.17 to 33.69), 124% for Science (13.38 to 29.97), and 103% (21.48 to 43.55) for Math. T-test gives significant differences for the three paired variables, with p-values lesser than 0.000. Hence, as above, we are 99.99% sure that the paired scores are significantly different.
It is also considered that FHMS’ student scores represent the aptitude for a grade 4 student in his/her 5th month. The standards used by APSA are based on students who have finished grade 4 already.
In fact, in the attached Excel file, I studied each APSA skill and found out that most of the wrong items are those items that have not been tackled yet in the classroom, following scope and sequence. Amazingly, there are items where FHMS scored better against the standards, even for those which have not tackled by all the groups especially in Math. (Please see attached file Apsa analysis of skills mastered, an excel file)
3. What among the following factors explain
i. high APSA SAS and
ii. high APSA SAS increase?
a. Gender – Although the girls have outdone the boys in APSA English, APSA Math, APSA Science, General Average, Star Reading PR, and Star Math PR, the difference cannot be attributed apart from chance. We cannot reject the null hypothesis; hence, there is no significant difference between the scores of the boys and the girls.
b. Age – For the age groups, we have three age groups in FHMS – Malolos: the 9 year olds (N=7), the 10 year olds (N=17) and the 11 year olds (N=6). We see here that the 9 year olds have the highest scores in all tests and the 11 year olds, the lowest. The differences in scores for the three groups are significant for the following: APSA Science (p=0.016), Math (p=0.048), Star Reading (p=0.034, the 9-year olds are better reader than the 11 year olds, and this difference is significant), and the General Average for First Trimester (p=0.024).
The nine year olds are the students who are early schoolers. In contrast, the 11 year olds are those students who have not started school early, or those who have not been promoted quickly. For example, Angela, our first honor last trimester is only 9, and she said she was promoted from kinder to grade 1. On the contrary, most of our 11 year olds are those who are struggling in academics (Moran, Macasiray)
c. Economic Adequacy
The result is a non-significant verdict. Economic Adequacy cannot explain high SAS in Science, English and Math.
d. Social Adequacy
Not significant for all APSA subjects.
e. Teacher Factor/Grouping.
Every child was factored as to their teachers for the first five months. For example, Aguillon started ILA last June with Teacher G (high group). When transfers were made to other groups last August, he wasn’t transferred. Then, after the first trimester test, he was transferred to Teacher M (higher group) where he stayed for two months. Hence, for the teacher factor, Aguillon stayed with Teacher G 60% of the time, and with Teacher M 40% of the time. His SAS increase in ILA is 4 points. This will reflect with Teacher G as 2.4 (4 x 60%) and with Teacher M as 1.6 (4 x 40%). This is done for Math and ILA, computing only the increases in SAS and in Percentile Ranking.
Chi-square was used to verify whether there is consistency in the share of each teacher in the increase, taking into consideration the time each student stayed with them.
For ILA, total increase for all students amounted to 186 points. Teacher G’s share is 52.59 (there was a period of time when the high group numbered only 6), Teacher M 73.12 (she handled more students), and Teacher A 60.29. Factoring all the increases of students to the shares of each teacher who handled each of them, we came up with a 67 pt increase in G, 79.4 in M, and 39.6 in A. Dividing the total time the students were with them, we have an average increase in G of 8.17, M, 6.96 and A, 4.21.
Chi-square checked this against the theoretical probability scores for each teacher share and the result is a significant verdict with p = 0.003. Hence, for ILA, teacher is a factor.
For Math, the result is more or less the same. Average increase in Teacher G is 8.55, M 5.6 and A 5.76. Chi square analysis gives a verdict of significant difference, with p = 0.014. Hence, allowing 1.4% error, we are sure that teacher is a factor in Math APSA results.
I used only the SAS increase because considering SAS per se will all the more give higher score to G in Math, who handled the highest group. It will also skew Teacher A in ILA who handled the highest group 60% of the time, or to Teacher G, who handled them 40% of the time.
f. Academic Performance in Grade 3
Not significant enough for English (p=0.064), Science (p=0.869) and Math (p=0.425).
g. APSA Scores in Grade 3
Not significant enough, with p-value of 0.101 for English SAS. For Science SAS, it is significant (p=0.023). The highest performers in APSA Grade 3 scored an average of 78.83 as compared to the lowest performers from APSA Grade 3, whose average is at 71.5 only.
It is also significant for Math SAS, with the scores coming from the 3rd group (those who ranked 13th to 18th in APSA grade 3) outperforming even the 1st group (those who ranked 1st to 6th in APSA grade 3). Their average is 82, as compared to 78.03 by all the groups. The 1st group (those who ranked 1st to 6th in APSA Grade 3) has an average of 80. This may prove that FHMS is not catering only for the brightest. Indeed, those who perform very well in our midterm APSA test were not always the best from grade 3. Neither are they the ones who did very well in APSA grade 3.
4. Are there significant relationships among the following factors (taken two at a time or bivariate)?
Before I give the correlations, let me define the terms here. “Correlated” in this part of the study means that there is a significant (p < 0.05, or 95% certainty) relationship between the two variables. Now, “highly correlated” will mean that the relationship between the two variables is highly significant with p < 0.01, or 99% certainty.
a. English Grade 3 Grade. Highly correlated to Math grade 3, Science grade 3, APSA English post grade 3, Science grade for first trimester, General Average for first trimester, APSA Grade 4 English pretest. Correlated with ILA grade for first Trimester, Math grade for first Trimester, Percentile Rank for Star Math, APSA Math 4 Pretest, APSA English SAS Midterm and APSA Math SAS Midterm.
Here, it would appear that one of the best predictors of success in our students is their grade in English from grade 3. This is understandable since our class revolves around the Language class, in accordance to the SIOP background. Even Science success in class is presupposed by the student success in English grade 3. Now, we also see a consistency of grades in grade 3. The grades of Math, Science and English are all highly correlated against each other. Also, it has significant relationships with all the APSA test results for both pretest and midterm test.
b. Math Grade 3 Grade. Highly correlated with Science grade 3, Science grade for first trimester, General Average for first trimester, APSA Grade 4 ILA Pretest. Correlated with Math grade for first trimester, PR Rank – Star Math, APSA Grade 4 Math Pretest, and APSA Grade 4 Math Midterm SAS.
No new knowledge here. As in English 3 grade, Math 3 grades predict success in APSA and Academics.
c. Science Grade 3 Grade. Highly correlated with Science grade for First Trimester, and APSA Grade 4 English Pretest. Correlated with APSA English post grade 3 test, Math grade for first trimester, General Average for first trimester, APSA Grade 4 English Mid SAS.
Same as in Math 3 and English 3.
d. APSA English post Grade 3. Correlated with Science grade for first trimester. Highly correlated with APSA English midterm SAS. Both English APSA tests are correlated, which is understandable.
e. APSA Math post Grade 3. Highly correlated with ILA grade for first trimester, APSA Grade 4 Science Midterm SAS, and APSA Grade 4 Math Midterm SAS.
The result here points out that those who were good in math in grade 3 (evidenced by our APSA grade 3 posttest) are most likely to get high SAS for Science and Math in the midterm. Science and Math are of course related with each other, especially in the measurement part.
f. ILA Grade for First Trimester. Highly correlated with Math, Science and General Average for First Trimester, Percentile Ranking for Star Reading, APSA Midterm SAS for Math, APSA Midterm SAS for Science, and APSA Midterm SAS for English. It is also correlated with Percentile Rank in Star Math.
This will point out that our grading system is consistent with the true aptitude of the students, and their classroom performance predicts APSA success or failure.
g. Math Grade for First Trimester. Highly correlated with Science grade, General Average, PR in Star Math, PR in Star Reading, APSA Midterm Math and APSA Midterm Science. It is also correlated with APSA Midterm English (p=0.03).
Again, we have the same conclusion as above. Math grade for first trimester is representative of the students’ aptitude, not only in Math, but also in Science and English.
h. Science Grade for First Trimester. Highly correlated with General Average for First Trimester, PR in Star Math, PR in Star Reading, APSA Midterm SAS for Science, Math and English.
Science grade seems to be most representative of the student’s APSA success in academics and a good predictor of APSA success.
i. General Average for First Trimester. Highly correlated with Star Reading, Star Math, APSA Midterm SAS for Science, English and Math
j. Percentile Rank – Star Reading (Renaissance Learning). Correlated with Star Math, Math SAS Midterm APSA. Highly correlated with English and Science APSA Midterm SAS
k. Percentile Rank – Star Math (Renaissance Learning). Highly correlated with English and Math SAS APSA Midterm. Correlated with Science SAS APSA Midterm.
l. APSA Grade 4 Pretest SAS in English. Not correlated
m. APSA Grade 4 Pretest SAS in Science. Highly correlated with Science and Math Midterm SAS APSA.
n. APSA Grade 4 Pretest SAS in Math. Correlated with APSA English Midterm SAS.
o. APSA Grade 4 Midterm SAS in English. Highly Correlated with Science APSA Midterm SAS
p. APSA Grade 4 Midterm SAS in Science. Highly Correlated with Math APSA Midterm SAS
q. APSA Grade 4 Midterm SAS in Math. Follows from above.
5. Multiple Correlation – Predicting APSA Success
I used multiple correlation using linear regression analysis (SPSS-assisted, stepwise) in order to identify the best predictors for APSA high SAS. I considered many models, as will be clear in the attachment (Predicting APSA Success2.doc) and the model presented here is the best model.
a. What predicts high SAS in English?
The best model is the one with the following factors as predictors:
APSA English 3 post grade 3 and Percentile Rank in Star Reading. This model has an R of 0.719 and an R-square of 0.516. This means that this regression line accounts for the variance in the variables 51.60% of the time. It is significant with p=0.000
Coefficients are: Star Reading 0.782, APSA Grade 3 English, 0.321. The coefficient of the constant is 49.691. All are significant with p < 0.01
Hence, APSA SAS English = 0.782 Star Reading + 0.321 APSA Grade 3 English + 49.691
Another model to be considered uses the General Average for the First Trimester, although the coefficients given to Star Reading is higher (0.564), followed by General Average (0.291). Lastly, we have APSA Grade 3 English (0.268). This simply means that in predicting English SAS APSA, it is more important to note their score in Star Reading. Then, we must consider their First Trimester General Average. Lastly, we must take a look at their previous APSA English results from Grade 3.
b. What predicts high SAS in Math?
The only predictor given by the Linear Regression is the General Average for the First Trimester. This regression line has an R of 0.786, an R-square of 0.618, and is significant with p=0.000. This means that this regression line allows error of 0.000+ % only, and can account for the variance of the variable 61.8% of the time.
Coefficient of General Average is 1.360 (Significant with p=0.000). Constant is at -34.111 (significant, p=0.05). Hence, regression line is
APSA Science SAS = 1.36 General Average – 34.111
c. What predicts high SAS in Science?
Again, amazingly, the only predictor given by the Linear Regression is the General Average for the First Trimester. This regression line has an R of 0.760, an R-square of 0.577, and is significant with p=0.000. This means that this regression line allows error of 0.000+ % only, and can account for the variance of the variable 57.7% of the time.
Coefficient of General Average is 1.118 (Significant with p=0.000). Constant is at -17.981 (not significant, p=0.247). Hence, regression line is
APSA Science SAS = 1.118 General Average – 17.981
d. What predicts success in academics (high General Average)?
e. What predicts high conduct grade?
6. What is the path analysis of the success in APSA scoring, as demonstrated by high SAS scores?
Thursday, February 22, 2007
Development Program for a High School
1. Philosophy and Objectives. Since the Philosophy must be formulated in the light of the clientele, we must first investigate whether the clientele finds the school objectives and philosophy as something that benefits them.
a. Determine the needs of students
b. Determine the objectives of parents in sending their children to us.
c. Determine the needs of the community as to its classification, its present work needs, and what sets it apart from other communities.
d. Review the philosophy and objectives of the school, and conduct a self-evaluation, using a survey on parents, teachers, administrators and even students, specifically to test whether they think that the philosophy and objectives of the school are pertinent and working or not. If not, it should be replaced with a working philosophy, which will be imbibed by the school, its officials and teachers, and the students themselves.
e. After reviewing (or formulating) the philosophy and objectives of the school, it should be written to the students’ handbook and stated in the bulletin. Teachers and students alike will memorize it. All activities will be centered to its objectives. Parents will be informed of them and the community will be given copies of it, in order to tell them of the school’s ideals and objectives. It is the belief of the proponent that many prospective students will be won by the school, if we formulate our philosophy and objective correctly and fittingly – that is, to the needs of the community.
f. Every statement of the philosophy and objectives of the school must be centered on the development of the intellectual, moral, social, and physical aspects of the learner.
g. Following the mandate of the Constitution, we shall “inculcate patriotism and nationalism, foster love of humanity, respect for human rights, appreciation of the role of national heroes in the historical development of the country, teach the rights and duties of citizenship, strengthen ethical and spiritual values, develop moral character and personal discipline, encourage critical and creative thinking, broaden scientific and technological knowledge, and promote vocational efficiency”.
2. Faculty. The faculty, needless to remark, is that which will either make or break a school. In fact, of the 23 points in PAASCU accreditation, Faculty and Instruction – which is also dependent on the Faculty – make up 10. Clearly, what determines school quality is the strength of the Faculty and their Classroom Instruction (James O’ Donnell, SJ). In connection with this, it is the conviction of the proponent that education starts for the teachers. Teachers need to be educated more than the students, because they are the ones modeling the school for us. They are our representatives to the students, and the outside world. Hence, improving the faculty and the classroom instruction is the priority of any reasonable school.
a. Determine the philosophy of teachers. Test their loyalty to the institution. If a teacher’s philosophy is not at par with the philosophy of the school, tell the teacher concerned. Remind him or her that we must all look towards the same directions.
b. Have an initial faculty evaluation, both by the principal and the students. Test the attitude of students to the faculty as a whole, using the instrument made by Atento and Quinto (2005).
c. Determine if there is a need for additional faculty or lesser faculty.
d. Determine the qualifications and preparedness of faculty. Convince the faculty that in five years time, the school will be undergoing accreditation, so they must be academically prepared. Convince on taking up units in masteral education
e. Determine the goals of faculty.
f. Determine the problems encountered by faculty in their teaching.
g. Determine the degree of mastery of teachers in their subject.
h. Conduct seminars on professional development of the teachers.
i. Research for journal articles and research materials for professional reading of teachers
j. Determine the length of service of faculty in teaching, including the years from other schools.
k. Improve the faculty selection. Give better test instruments geared for classification and research on the faculty – whether the faculty is competent and his/her strengths and weaknesses.
l. Gauge professional performance of faculty.
m. Design doable and affordable faculty improvement program.
n. Review and comment on the teaching assignment, load, and salary scheme of faculty
o. Determine and evaluate the school policy on tenureship, leave of absence, dismissal and retirement provisions.
p. Organize activities meant to educate the teachers and transfer in them the true ideals of being a teacher.
3. Instruction.
A school should manifest deep concern for the quality of instruction offered to its students and give evidence of efforts to make instruction effective.
a. Design a system of preparation of test questions, meant for content validation by the principal.
b. Review and improve diagnostic examinations being given to incoming students.
c. Prepare a study for correlating results of diagnostic examinations to performance of students.
d. Let the teachers prepare TOS for every examination.
e. Teach the teachers on how to study the results of their examination through descriptive statistics, and item analysis for difficulty and discrimination.
f. Design a system of follow-up for students who graduated and are already in college.
g. Analyze the strengths and weaknesses of the curriculum. Present improvement for development of curriculum. Seek the help of the veteran teachers in re-designing the curriculum ultimately.
h. Let the teachers submit their subject matter budget for the year and prepare a curriculum matrix from this. (from grade 1 to fourth year)
i. Help the teachers in realizing the need to improve the classroom teaching procedure through effective strategies, varied methods and affordable but efficient materials and teaching aids.
j. Seek the suggestions of teachers in improving the teaching materials and aids for use in classroom instruction.
k. Initiate a series of in-house seminars meant for improvement of the faculty in:
1. Writing and Executing Effective Lesson Plans
2. Teaching Methods
3. Teaching Strategies
4. Classroom Management
5. Test Construction
6. Item Analysis
7. HOTS and Critical Thinking
l. Review the present textbooks being used. Tell the faculty to design their own modules for review and publication for the next year. Textbooks then will be discarded and merely used for reference.
m. Design instruments to gauge students’ critical thinking, or document its existence through observation.
n. Implement strictly the punctuality and attendance of teachers. Make a system of substitution for teachers in case of absences. Tell the teachers to prepare a weekly module as evaluation procedures in case of their absence.
o. Let the teachers prepare the school register daily, to check for students who are always absent.
p. Review class schedules and length. Review the number of students per classroom.
q. Tell the teachers to design student-centered activities.
r. Study on how to gauge and document student-preparedness and participation.
s. Study on how to gauge critical thinking and scientific attitude among students.
t. Review the grading system employed by the school.
u. Design a rubric for the components of the grading system.
v. Let the teachers prepare rubrics for project grades and recitation/character and homeroom grade for uniformity.
w. Computerize the grading process and propose a computerized grading system from class record to grading sheets, to consolidated sheets, to cards, to permanent records and report on promotions.
x. Review the extra-curricular activities. Implement better activities geared towards scholarly development of students: oratorical contests, fora and symposia, dramatics, students' publications and science exhibitions.
y. Propose a better educational guidance to students. Interview students on their inclinations and aspirations, their goals and career preferences.
z. Organize a better remediation program for students who have a need for it.
aa. Formalize the system of parent communication. Open the doors to parents and convince them that we must work hand and hand to improve the quality of education, especially on their children.
bb. Identify the gifted students and give them special requirements and tasks to stimulate their mind.
4. Library
The school library (and audio-visual center, if there is) is not a mere storage place for books and materials. It is a dynamic institution for teaching the love and use of books and other instructional materials. To be really effective, the library must be vitally correlated with the objectives of the school. Therefore, provision should be made for the early orientation of the students to the library and audiovisual center
a. Let the librarian review the books and try to correlate the books the school has with the objectives of the school.
b. The librarian is expected to note the attendance of students during break times and vacant periods. This analysis is done to gauge the students’ love for books and learning.
c. Impose on the need for teachers to give challenging assignments, which will make use of the library materials, and other reading materials such as periodicals, magazines, and research materials.
d. Encourage the teachers to list down better library materials, books and teaching materials, and rate them as “immediately needed” or “needed”, so that a proposal for their order may be done.
e. Analyze the qualification, academic preparation and salary scheme of the library personnel
f. Evaluate and propose an improved library funding
g. Let the students evaluate the library and materials through a survey.
5. Laboratory
a. Evaluate the space of classroom whether there is an adequate space and provision for demonstration and exhibits appropriate for the Science, Technology and Home Economics (THE), and Computer Education courses.
b. Inspect whether there is adequate laboratory facilities for Science, THE and Computer subjects
c. Inspect whether there is adequate equipment and supplies for each of the laboratory courses offered by the school.
d. Evaluate the maintenance procedures and improvement programs for laboratory facilities and equipment.
e. Document laboratory experiments and students’ work for exhibit purposes. Design experiments that are affordable, replicable, original, and can be improved on.
f. Analyze experiments, whether they are using the resources of the community, and catering for its needs. Also, analyze whether they are using the scientific method, and in line with the mission vision of the school
6. Physical Plant
a. Inspect whether the site is indeed adequate for the attainment of the school’s objectives.
b. Inspect whether the site is located in a wholesome environment, free of moral and physical hazards and unsanitary conditions.
c. Inspect whether the size of the school meets the requirements of the present and prospective enrollment of the school.
d. Inspect whether it is easily accessible to the clientele of the school.
e. Evaluate whether the campus is well planned and adequate for the social, physical, cultural and religious interests of the school. Also, whether it is provided with adequate facilities for all curricular and co curricular activities
f. Inspect whether the buildings are of reasonably permanent, earthquake and fire resistant construction. Evaluate whether the same insures a sufficiently quiet atmosphere and the safe and convenient circulation of the school population.
g. Ascertain whether the plant conforms with the socio economic conditions of the community in which it exists
h. Evaluate the buildings if these are well illuminated and ventilated and provided with a sufficient water supply.
i. Inspect if there are adequate drinking and sanitation facilities.
j. Check for provisions for bulletin board space, precautions against fire, proper disposal of waste, custodial staff services and facilities.
k. Inspect whether classrooms are large enough to accommodate the enrollment therein (about one square meter per student). Also, whether these are adequately equipped with furniture and blackboards. Further, lighting, ventilation, aesthetic appearance, and freedom from noise should be satisfactory.
l. Check the institution’s provision for adequate facilities for food service.
m. Check for adequacy of provision for clinic for medical and dental examinations.
n. Check for adequacy of provision for administrative offices, a faculty room and other auxiliary services.
7. Student Services
a. Improve the entrance tests for prospective students. Identify their needs, learning styles, multiple intelligences, attitudes, personality, motivation, confidence, aptitude and readiness for each level, informing with parents the strengths and weaknesses of each, and suggesting on the means and ways to improve the student’s performance.
b. Define ways to predict student’s academic performance based on the testing program
c. Evaluate the physical and medical examinations of students.
d. Appraise the guidance program of students that should reflect the philosophy and objectives of the school.
e. Develop an orientation program for new students, and a reorientation program for the old students.
f. Organize and develop a student inventory service, containing vital information for each student, including psychological tests, aptitude test results etc.
g. Evaluate the testing service of the school, and suggest ways to improve it.
h. Appraise the counseling service of the school and suggest ways to make it efficient.
i. Improve the remediation program and the enrichment service offered by the school
j. Improve the vocation and career orientation of students, giving vital assessment of counseling on students’ career preference.
k. Initiate the follow-up service of the school for its graduates.
l. Appraise the student activity program and the student council.
8. Administration
a. Suggest on the ways to improve the administration of the school, based on the standards set by the PAASCU.
9. The School and the Community
a. Prepare a survey intended on the community the school serves, its needs and resources.
b. Analyze the school relationship with the community and seek ways to improve it and document the process.
c. Inform the community of the school’s mission and vision, its philosophy and objectives, its programs and services.
d. Develop the social awareness of students by inculcating in their minds the need to know the community where they are in.
e. Provide a program of activities for students’ immersion in the community.
10. Enrolment
a. Find better ways to attract new clientele. Apply the knowledge we have of the community’s needs to attract new students.
b. Start an all-out campaign to raise the enrolment by at least 30% a year for the next 5 years.
11. Student Discipline
a. Apply the students’ test and psychological results to find ways to handle the students.
b. Educate the students on the role of discipline to success.
c. Seek the help of teachers and parents to maintain discipline.
d. Improve the rules and regulations of the school and let the students and teachers know about them.
a. Determine the needs of students
b. Determine the objectives of parents in sending their children to us.
c. Determine the needs of the community as to its classification, its present work needs, and what sets it apart from other communities.
d. Review the philosophy and objectives of the school, and conduct a self-evaluation, using a survey on parents, teachers, administrators and even students, specifically to test whether they think that the philosophy and objectives of the school are pertinent and working or not. If not, it should be replaced with a working philosophy, which will be imbibed by the school, its officials and teachers, and the students themselves.
e. After reviewing (or formulating) the philosophy and objectives of the school, it should be written to the students’ handbook and stated in the bulletin. Teachers and students alike will memorize it. All activities will be centered to its objectives. Parents will be informed of them and the community will be given copies of it, in order to tell them of the school’s ideals and objectives. It is the belief of the proponent that many prospective students will be won by the school, if we formulate our philosophy and objective correctly and fittingly – that is, to the needs of the community.
f. Every statement of the philosophy and objectives of the school must be centered on the development of the intellectual, moral, social, and physical aspects of the learner.
g. Following the mandate of the Constitution, we shall “inculcate patriotism and nationalism, foster love of humanity, respect for human rights, appreciation of the role of national heroes in the historical development of the country, teach the rights and duties of citizenship, strengthen ethical and spiritual values, develop moral character and personal discipline, encourage critical and creative thinking, broaden scientific and technological knowledge, and promote vocational efficiency”.
2. Faculty. The faculty, needless to remark, is that which will either make or break a school. In fact, of the 23 points in PAASCU accreditation, Faculty and Instruction – which is also dependent on the Faculty – make up 10. Clearly, what determines school quality is the strength of the Faculty and their Classroom Instruction (James O’ Donnell, SJ). In connection with this, it is the conviction of the proponent that education starts for the teachers. Teachers need to be educated more than the students, because they are the ones modeling the school for us. They are our representatives to the students, and the outside world. Hence, improving the faculty and the classroom instruction is the priority of any reasonable school.
a. Determine the philosophy of teachers. Test their loyalty to the institution. If a teacher’s philosophy is not at par with the philosophy of the school, tell the teacher concerned. Remind him or her that we must all look towards the same directions.
b. Have an initial faculty evaluation, both by the principal and the students. Test the attitude of students to the faculty as a whole, using the instrument made by Atento and Quinto (2005).
c. Determine if there is a need for additional faculty or lesser faculty.
d. Determine the qualifications and preparedness of faculty. Convince the faculty that in five years time, the school will be undergoing accreditation, so they must be academically prepared. Convince on taking up units in masteral education
e. Determine the goals of faculty.
f. Determine the problems encountered by faculty in their teaching.
g. Determine the degree of mastery of teachers in their subject.
h. Conduct seminars on professional development of the teachers.
i. Research for journal articles and research materials for professional reading of teachers
j. Determine the length of service of faculty in teaching, including the years from other schools.
k. Improve the faculty selection. Give better test instruments geared for classification and research on the faculty – whether the faculty is competent and his/her strengths and weaknesses.
l. Gauge professional performance of faculty.
m. Design doable and affordable faculty improvement program.
n. Review and comment on the teaching assignment, load, and salary scheme of faculty
o. Determine and evaluate the school policy on tenureship, leave of absence, dismissal and retirement provisions.
p. Organize activities meant to educate the teachers and transfer in them the true ideals of being a teacher.
3. Instruction.
A school should manifest deep concern for the quality of instruction offered to its students and give evidence of efforts to make instruction effective.
a. Design a system of preparation of test questions, meant for content validation by the principal.
b. Review and improve diagnostic examinations being given to incoming students.
c. Prepare a study for correlating results of diagnostic examinations to performance of students.
d. Let the teachers prepare TOS for every examination.
e. Teach the teachers on how to study the results of their examination through descriptive statistics, and item analysis for difficulty and discrimination.
f. Design a system of follow-up for students who graduated and are already in college.
g. Analyze the strengths and weaknesses of the curriculum. Present improvement for development of curriculum. Seek the help of the veteran teachers in re-designing the curriculum ultimately.
h. Let the teachers submit their subject matter budget for the year and prepare a curriculum matrix from this. (from grade 1 to fourth year)
i. Help the teachers in realizing the need to improve the classroom teaching procedure through effective strategies, varied methods and affordable but efficient materials and teaching aids.
j. Seek the suggestions of teachers in improving the teaching materials and aids for use in classroom instruction.
k. Initiate a series of in-house seminars meant for improvement of the faculty in:
1. Writing and Executing Effective Lesson Plans
2. Teaching Methods
3. Teaching Strategies
4. Classroom Management
5. Test Construction
6. Item Analysis
7. HOTS and Critical Thinking
l. Review the present textbooks being used. Tell the faculty to design their own modules for review and publication for the next year. Textbooks then will be discarded and merely used for reference.
m. Design instruments to gauge students’ critical thinking, or document its existence through observation.
n. Implement strictly the punctuality and attendance of teachers. Make a system of substitution for teachers in case of absences. Tell the teachers to prepare a weekly module as evaluation procedures in case of their absence.
o. Let the teachers prepare the school register daily, to check for students who are always absent.
p. Review class schedules and length. Review the number of students per classroom.
q. Tell the teachers to design student-centered activities.
r. Study on how to gauge and document student-preparedness and participation.
s. Study on how to gauge critical thinking and scientific attitude among students.
t. Review the grading system employed by the school.
u. Design a rubric for the components of the grading system.
v. Let the teachers prepare rubrics for project grades and recitation/character and homeroom grade for uniformity.
w. Computerize the grading process and propose a computerized grading system from class record to grading sheets, to consolidated sheets, to cards, to permanent records and report on promotions.
x. Review the extra-curricular activities. Implement better activities geared towards scholarly development of students: oratorical contests, fora and symposia, dramatics, students' publications and science exhibitions.
y. Propose a better educational guidance to students. Interview students on their inclinations and aspirations, their goals and career preferences.
z. Organize a better remediation program for students who have a need for it.
aa. Formalize the system of parent communication. Open the doors to parents and convince them that we must work hand and hand to improve the quality of education, especially on their children.
bb. Identify the gifted students and give them special requirements and tasks to stimulate their mind.
4. Library
The school library (and audio-visual center, if there is) is not a mere storage place for books and materials. It is a dynamic institution for teaching the love and use of books and other instructional materials. To be really effective, the library must be vitally correlated with the objectives of the school. Therefore, provision should be made for the early orientation of the students to the library and audiovisual center
a. Let the librarian review the books and try to correlate the books the school has with the objectives of the school.
b. The librarian is expected to note the attendance of students during break times and vacant periods. This analysis is done to gauge the students’ love for books and learning.
c. Impose on the need for teachers to give challenging assignments, which will make use of the library materials, and other reading materials such as periodicals, magazines, and research materials.
d. Encourage the teachers to list down better library materials, books and teaching materials, and rate them as “immediately needed” or “needed”, so that a proposal for their order may be done.
e. Analyze the qualification, academic preparation and salary scheme of the library personnel
f. Evaluate and propose an improved library funding
g. Let the students evaluate the library and materials through a survey.
5. Laboratory
a. Evaluate the space of classroom whether there is an adequate space and provision for demonstration and exhibits appropriate for the Science, Technology and Home Economics (THE), and Computer Education courses.
b. Inspect whether there is adequate laboratory facilities for Science, THE and Computer subjects
c. Inspect whether there is adequate equipment and supplies for each of the laboratory courses offered by the school.
d. Evaluate the maintenance procedures and improvement programs for laboratory facilities and equipment.
e. Document laboratory experiments and students’ work for exhibit purposes. Design experiments that are affordable, replicable, original, and can be improved on.
f. Analyze experiments, whether they are using the resources of the community, and catering for its needs. Also, analyze whether they are using the scientific method, and in line with the mission vision of the school
6. Physical Plant
a. Inspect whether the site is indeed adequate for the attainment of the school’s objectives.
b. Inspect whether the site is located in a wholesome environment, free of moral and physical hazards and unsanitary conditions.
c. Inspect whether the size of the school meets the requirements of the present and prospective enrollment of the school.
d. Inspect whether it is easily accessible to the clientele of the school.
e. Evaluate whether the campus is well planned and adequate for the social, physical, cultural and religious interests of the school. Also, whether it is provided with adequate facilities for all curricular and co curricular activities
f. Inspect whether the buildings are of reasonably permanent, earthquake and fire resistant construction. Evaluate whether the same insures a sufficiently quiet atmosphere and the safe and convenient circulation of the school population.
g. Ascertain whether the plant conforms with the socio economic conditions of the community in which it exists
h. Evaluate the buildings if these are well illuminated and ventilated and provided with a sufficient water supply.
i. Inspect if there are adequate drinking and sanitation facilities.
j. Check for provisions for bulletin board space, precautions against fire, proper disposal of waste, custodial staff services and facilities.
k. Inspect whether classrooms are large enough to accommodate the enrollment therein (about one square meter per student). Also, whether these are adequately equipped with furniture and blackboards. Further, lighting, ventilation, aesthetic appearance, and freedom from noise should be satisfactory.
l. Check the institution’s provision for adequate facilities for food service.
m. Check for adequacy of provision for clinic for medical and dental examinations.
n. Check for adequacy of provision for administrative offices, a faculty room and other auxiliary services.
7. Student Services
a. Improve the entrance tests for prospective students. Identify their needs, learning styles, multiple intelligences, attitudes, personality, motivation, confidence, aptitude and readiness for each level, informing with parents the strengths and weaknesses of each, and suggesting on the means and ways to improve the student’s performance.
b. Define ways to predict student’s academic performance based on the testing program
c. Evaluate the physical and medical examinations of students.
d. Appraise the guidance program of students that should reflect the philosophy and objectives of the school.
e. Develop an orientation program for new students, and a reorientation program for the old students.
f. Organize and develop a student inventory service, containing vital information for each student, including psychological tests, aptitude test results etc.
g. Evaluate the testing service of the school, and suggest ways to improve it.
h. Appraise the counseling service of the school and suggest ways to make it efficient.
i. Improve the remediation program and the enrichment service offered by the school
j. Improve the vocation and career orientation of students, giving vital assessment of counseling on students’ career preference.
k. Initiate the follow-up service of the school for its graduates.
l. Appraise the student activity program and the student council.
8. Administration
a. Suggest on the ways to improve the administration of the school, based on the standards set by the PAASCU.
9. The School and the Community
a. Prepare a survey intended on the community the school serves, its needs and resources.
b. Analyze the school relationship with the community and seek ways to improve it and document the process.
c. Inform the community of the school’s mission and vision, its philosophy and objectives, its programs and services.
d. Develop the social awareness of students by inculcating in their minds the need to know the community where they are in.
e. Provide a program of activities for students’ immersion in the community.
10. Enrolment
a. Find better ways to attract new clientele. Apply the knowledge we have of the community’s needs to attract new students.
b. Start an all-out campaign to raise the enrolment by at least 30% a year for the next 5 years.
11. Student Discipline
a. Apply the students’ test and psychological results to find ways to handle the students.
b. Educate the students on the role of discipline to success.
c. Seek the help of teachers and parents to maintain discipline.
d. Improve the rules and regulations of the school and let the students and teachers know about them.
Sunday, February 18, 2007
Trends, Impact and the Challenge of Technology
Dr. Nitz V. Habulan
A reflection by George Atento
Whether we accept it or not, we have come to the point in our lives wherein, technology has permeated our existence by so much. It is as evident to most of us as that the sun is bright. However, for some, there is still much hesitation for technology. I would like to view this attitude like towers of ignorance, nonchalance or even technophobia – but it has been breached. The “enemy” for so many people who are technophobic – has arrived and infiltrated their ranks. Call this piece a call for surrender, a holy and humble yielding. Call it resignation to the will of destiny. Call it adaptability. But somehow, we must do it. We must yield because there are no more choices before us. Technology is here to stay. It has arrived and it has conquered. In fact, it is even at the brink of overthrowing people, displacing jobs, substituting existence, and even emotions. The movies have touched on these things for the greater part of the last century, and somehow their propositions have played between the realms of sci-fi and absurdity. But today, it’s quite a different story. These things have become a reality. And as the article of Dr. Habulan expounded most effectively, technology has become like a tsunami, raging across boundaries in a warp mode.
It has long been believed that at least technology cannot replace jobs that are centered on humans, like counseling and education. Again, these assumptions are blown to the wind. Although strictly speaking, we cannot remove the presence of a human instructor on every classroom, technology has multiplied the efficiency of the classroom instruction, by giving way to virtual classrooms and e-learning. Hence, in course taking, what normally takes a year for a student – bright or otherwise – to finish will take an aggressive and responsible student just a fraction of that time. Now we hear of young people who have multiple advanced courses and post-graduate degrees! I am wont to remember the scene in The Matrix wherein Neo, the protagonist learned all the kung fu styles in just a fraction of a day, through computer download.
Again, even in counseling, we are invaded with do-it-yourself psychological tests that tackle personality, emotions, love, intelligence, stress and even spirituality. At the end of each test, an email of propositions will be given to one confused and able (technologically, that is) soul – suggestions that may spell the difference on their lives. Technology has prevailed once more. So much so that psychologists, psychiatrists and counselors alike are even adjudged as mediocre without the knowledge of these Computer Aided Tests. Indeed, the net floods us with do-it-yourself tests that normally should take you to Oxford or Stanford University. But now, it is – as Dra. Habulan says – just a mouse-click away.
In the Philippines, however, most of our learning institutions have not moved towards the trend of technology the selection points out. It is sad – to the point of mourning – that even the better and able schools have not yet moved towards the trend worldwide. The public school system of course will not dare dream about it yet, because at present the ratio of computer to child in public high school is still a pitiful 1 to 300. I even read in an article that in the public elementary schools, the ratio is something like 1500 or so to 1! We are at the point of no return – towards globalization. And I dare not use the word “emerging” nor even “budding”, because it has passed that period of safety years ago. And here we are, a country categorized as “developing”, still considering technology as a far-fetched dream in most of our schools. How could this be? If we cannot embrace technology that has become the only tool for development, how can we be considered developing? I opine that if we will not do anything about this grim reality, we might end up as another Africa, in the next century. The indicators are there, and they are glaring red for everyone to see. But our government focuses on other things – mad politicking, graft, corruption, jueteng scandals and election frauds and protests. In the first place, a fully computerized election would have kept us from experiencing these things.
As in any thing that pushes alteration in humanity’s way of living, technology has its grim realities too that we have to address, let alone consider. Technology is pushing a massive and speedy change in our way of lives, and the fear of being overrun by machines, as modern fiction posits it, is lurking on the minds of some concerned people. The moralists insist on the loose morals some techno-based gadgets and stuffs are bringing about. The parents complain of not being able to talk to their children anymore, because they are busy surfing the net or texting their friends. The psychologists speak of the same breaking down of communication among members of families that may lead to family failure and confused children later on. The intellectuals are disturbed by youths being unable to be personal in their communication, or being too dependent on their gadgets. The teachers, on the other hand, complain of grammatical weakness on the part of students. But, all said, these things are historical realities that we must accept and face.
When cars were first invented, some people said that cars would increase the incidence of heart problems because they will take away the walking in people. When television was invented, the puritans classified it as a tool of the devil. Looking back, perhaps they were right. But one thing is for sure - we cannot simply ignore the reality that these things are here to stay. It is either we adapt or we become stuck with our old beliefs and old ways. Technology is the tool of humanity. Because of it, we have cured diseases that were fatal last century. Because of it, we have reached the far reaches of the universe. Because of it, we have expanded our knowledge and capabilities.
It is queer but “technology” comes from two Greek words that mean study of art. In fact, the tools that were used by our ancient fathers – their farming tools of 12,000 years ago are all considered part of technology. These “technological breakthroughs” made them control their food supply and freed people from nomadic existence. In turn, this heralded the evolution of cities and towns. Early farming tools date from about 6000 BC – for example, the axe was used for clearing; flint sickles were used for harvesting cereal crops; a flat rock and rounded stone were used for grinding flour; and perforated clay slabs were probably used to ventilate bread ovens. And again, these tools are considered technology during those times.
Again, since we cannot do away with technology, nor – in education – merely choose among the many gadgets and devices that will fit us, we have to adapt, and use these things in order to better our lives. Such is the true objective of technology. While we are anxious of its repercussions and ill use, we must set out our path towards the good things technology can do in our lives. Humanity is marching as a whole – nay, it is running, even riding a vehicle – and we cannot march on our own. We cannot ignore the success of humanity and remain in our primitive ways like the Amish Mennonites. Nor can we, as St. Thomas Aquinas would say, reject the findings of earlier science, lest we want to reprove everything from the very beginning. As he said, it took one scientist 30 years to study the nature of a bee. Hence, proceeding in the same may, we might end up beginning to doubt everything – attempting to prove that the earth is round, that the sun is the center of the solar system, and that two molecules of Hydrogen and one molecule of Oxygen yield a water molecule. Point is, we must march with the scientific and technological breakthroughs of humanity as a whole. We cannot retrace the steps we had. We must go forward and not back. Since, therefore, we cannot help but accept technology, we must learn to adapt.
I still believe that if we look down deep inside our hearts, and truly know our strengths, weaknesses and our goals, we will be able to bridge the difference. The bedrock of our lives consists of the values and aspirations of our inner selves, and what our goals and objectives are. These things define our existence and meaning. These things make us humans and define our true essence. Hence, back to the soul level, devoid of techno gadgets we are very much humans, spiritual and moral at that. And we should stay that way. There is no technology for the person who has lost the values of his spirit
Come to think of it, all the problems and concerns raised up on technology are adaptive ones. They are more into questions on core values and philosophy. Instead of breaking down relationships, I am confident that technology brings people closer now. In fact, we can communicate with our friends from various parts of the planet with much ease and little use of monetary resources. Instead of loosening our morals, technology should convince us, as it has convinced many atheists – that the mathematical order and certainty in the vastness of the almost infinite universe points to a great purpose and a great architect – God Who in His Great Wisdom and Love designed everything that there is. Instead of breaking down families through lack of communication, technology should bring them closer together through cellphones’ SMS and MMS, email, chat, webcam, and all the gadgetries of improved computerized communication systems. Instead of being poor in communication skills, the more we should become better through the many software available teaching us to improve our grammar and sentence construction. In fact, now, you do not need to hire a proofreader to check your simple grammar, nor even a language instructor to learn a new language. Through available softwares, I am able to study Spanish, French, Italian, and German all at the same time. The other things are challenges that we have to answer. They are tough but if our spirit is intact, then we will not have a problem. Devoid of gadgetries, we are humans, and through our intellect and will, we choose to be where we want to be. And in the end, we hope to end up in God Who is the Only Thirst of our souls. To Him be the glory forever. Laus Deo.
George Atento
San Pedro, Laguna
2005
A reflection by George Atento
Whether we accept it or not, we have come to the point in our lives wherein, technology has permeated our existence by so much. It is as evident to most of us as that the sun is bright. However, for some, there is still much hesitation for technology. I would like to view this attitude like towers of ignorance, nonchalance or even technophobia – but it has been breached. The “enemy” for so many people who are technophobic – has arrived and infiltrated their ranks. Call this piece a call for surrender, a holy and humble yielding. Call it resignation to the will of destiny. Call it adaptability. But somehow, we must do it. We must yield because there are no more choices before us. Technology is here to stay. It has arrived and it has conquered. In fact, it is even at the brink of overthrowing people, displacing jobs, substituting existence, and even emotions. The movies have touched on these things for the greater part of the last century, and somehow their propositions have played between the realms of sci-fi and absurdity. But today, it’s quite a different story. These things have become a reality. And as the article of Dr. Habulan expounded most effectively, technology has become like a tsunami, raging across boundaries in a warp mode.
It has long been believed that at least technology cannot replace jobs that are centered on humans, like counseling and education. Again, these assumptions are blown to the wind. Although strictly speaking, we cannot remove the presence of a human instructor on every classroom, technology has multiplied the efficiency of the classroom instruction, by giving way to virtual classrooms and e-learning. Hence, in course taking, what normally takes a year for a student – bright or otherwise – to finish will take an aggressive and responsible student just a fraction of that time. Now we hear of young people who have multiple advanced courses and post-graduate degrees! I am wont to remember the scene in The Matrix wherein Neo, the protagonist learned all the kung fu styles in just a fraction of a day, through computer download.
Again, even in counseling, we are invaded with do-it-yourself psychological tests that tackle personality, emotions, love, intelligence, stress and even spirituality. At the end of each test, an email of propositions will be given to one confused and able (technologically, that is) soul – suggestions that may spell the difference on their lives. Technology has prevailed once more. So much so that psychologists, psychiatrists and counselors alike are even adjudged as mediocre without the knowledge of these Computer Aided Tests. Indeed, the net floods us with do-it-yourself tests that normally should take you to Oxford or Stanford University. But now, it is – as Dra. Habulan says – just a mouse-click away.
In the Philippines, however, most of our learning institutions have not moved towards the trend of technology the selection points out. It is sad – to the point of mourning – that even the better and able schools have not yet moved towards the trend worldwide. The public school system of course will not dare dream about it yet, because at present the ratio of computer to child in public high school is still a pitiful 1 to 300. I even read in an article that in the public elementary schools, the ratio is something like 1500 or so to 1! We are at the point of no return – towards globalization. And I dare not use the word “emerging” nor even “budding”, because it has passed that period of safety years ago. And here we are, a country categorized as “developing”, still considering technology as a far-fetched dream in most of our schools. How could this be? If we cannot embrace technology that has become the only tool for development, how can we be considered developing? I opine that if we will not do anything about this grim reality, we might end up as another Africa, in the next century. The indicators are there, and they are glaring red for everyone to see. But our government focuses on other things – mad politicking, graft, corruption, jueteng scandals and election frauds and protests. In the first place, a fully computerized election would have kept us from experiencing these things.
As in any thing that pushes alteration in humanity’s way of living, technology has its grim realities too that we have to address, let alone consider. Technology is pushing a massive and speedy change in our way of lives, and the fear of being overrun by machines, as modern fiction posits it, is lurking on the minds of some concerned people. The moralists insist on the loose morals some techno-based gadgets and stuffs are bringing about. The parents complain of not being able to talk to their children anymore, because they are busy surfing the net or texting their friends. The psychologists speak of the same breaking down of communication among members of families that may lead to family failure and confused children later on. The intellectuals are disturbed by youths being unable to be personal in their communication, or being too dependent on their gadgets. The teachers, on the other hand, complain of grammatical weakness on the part of students. But, all said, these things are historical realities that we must accept and face.
When cars were first invented, some people said that cars would increase the incidence of heart problems because they will take away the walking in people. When television was invented, the puritans classified it as a tool of the devil. Looking back, perhaps they were right. But one thing is for sure - we cannot simply ignore the reality that these things are here to stay. It is either we adapt or we become stuck with our old beliefs and old ways. Technology is the tool of humanity. Because of it, we have cured diseases that were fatal last century. Because of it, we have reached the far reaches of the universe. Because of it, we have expanded our knowledge and capabilities.
It is queer but “technology” comes from two Greek words that mean study of art. In fact, the tools that were used by our ancient fathers – their farming tools of 12,000 years ago are all considered part of technology. These “technological breakthroughs” made them control their food supply and freed people from nomadic existence. In turn, this heralded the evolution of cities and towns. Early farming tools date from about 6000 BC – for example, the axe was used for clearing; flint sickles were used for harvesting cereal crops; a flat rock and rounded stone were used for grinding flour; and perforated clay slabs were probably used to ventilate bread ovens. And again, these tools are considered technology during those times.
Again, since we cannot do away with technology, nor – in education – merely choose among the many gadgets and devices that will fit us, we have to adapt, and use these things in order to better our lives. Such is the true objective of technology. While we are anxious of its repercussions and ill use, we must set out our path towards the good things technology can do in our lives. Humanity is marching as a whole – nay, it is running, even riding a vehicle – and we cannot march on our own. We cannot ignore the success of humanity and remain in our primitive ways like the Amish Mennonites. Nor can we, as St. Thomas Aquinas would say, reject the findings of earlier science, lest we want to reprove everything from the very beginning. As he said, it took one scientist 30 years to study the nature of a bee. Hence, proceeding in the same may, we might end up beginning to doubt everything – attempting to prove that the earth is round, that the sun is the center of the solar system, and that two molecules of Hydrogen and one molecule of Oxygen yield a water molecule. Point is, we must march with the scientific and technological breakthroughs of humanity as a whole. We cannot retrace the steps we had. We must go forward and not back. Since, therefore, we cannot help but accept technology, we must learn to adapt.
I still believe that if we look down deep inside our hearts, and truly know our strengths, weaknesses and our goals, we will be able to bridge the difference. The bedrock of our lives consists of the values and aspirations of our inner selves, and what our goals and objectives are. These things define our existence and meaning. These things make us humans and define our true essence. Hence, back to the soul level, devoid of techno gadgets we are very much humans, spiritual and moral at that. And we should stay that way. There is no technology for the person who has lost the values of his spirit
Come to think of it, all the problems and concerns raised up on technology are adaptive ones. They are more into questions on core values and philosophy. Instead of breaking down relationships, I am confident that technology brings people closer now. In fact, we can communicate with our friends from various parts of the planet with much ease and little use of monetary resources. Instead of loosening our morals, technology should convince us, as it has convinced many atheists – that the mathematical order and certainty in the vastness of the almost infinite universe points to a great purpose and a great architect – God Who in His Great Wisdom and Love designed everything that there is. Instead of breaking down families through lack of communication, technology should bring them closer together through cellphones’ SMS and MMS, email, chat, webcam, and all the gadgetries of improved computerized communication systems. Instead of being poor in communication skills, the more we should become better through the many software available teaching us to improve our grammar and sentence construction. In fact, now, you do not need to hire a proofreader to check your simple grammar, nor even a language instructor to learn a new language. Through available softwares, I am able to study Spanish, French, Italian, and German all at the same time. The other things are challenges that we have to answer. They are tough but if our spirit is intact, then we will not have a problem. Devoid of gadgetries, we are humans, and through our intellect and will, we choose to be where we want to be. And in the end, we hope to end up in God Who is the Only Thirst of our souls. To Him be the glory forever. Laus Deo.
George Atento
San Pedro, Laguna
2005
Leadership in Education: Five Commonalities
By: Mark F. Goldberg
Reflection by George Atento
The article recalls the 43 interviews done by the author on so-called “educational leaders”. These are principals, teachers and even city mayors. What the author came up is a list of the common qualities of a leader in education.
BEDROCK BELIEF
I believe that this quality refers to the goals set by the educational leaders. When a leader sets goals, he or she believes these can be achieved. These goals are specific, time-bound and measurable. They are also challenging and realistic. If goals are well made, then the only thing needed is the leader’s belief that these goals can indeed be achieved by his/her organization. Change is not only possible among all people. It is a day-to-day necessity. Leaders only need to present the stimulus of change, and the reasonableness of absorbing it.
There are problems that will be met along the way. A man who knows where he is going, who is convinced of the necessity of his goals, will eventually find a way to pull through.
COURAGE TO SWIM UPSTREAM
Mere belief in your own goals does not imply leadership success. There will surely be problems along the way. Hence, courage to swim upstream, or go against the normal flow of things is greatly needed. Again, we are presented the question of change. People are so afraid to change their ways because culture becomes deeply rooted in their lives. Once they got used to a certain way of doing things, they become resistant to change. But change, we must. Therefore, as leaders, we must prepare ourselves with enough courage to go against the tide of the status quo and the hostility of people who got used to the status quo.
Another thing we must be ready to fight with is despair. Most of the times, change takes so long to happen. There are almost an infinite number of given. And most of the time, the innovations we are hoping for are dependent on many things: political moves, economy moves, stock market fluctuations, prices of oil, labor problems, wage disparity problems, results of national and local elections, etc. Here in the Philippines, the most we can hope for is that the one deciding up there in the Department of Education will take up one or two of the most pertinent issues you (as teacher) have proposed fifteen years ago. Fact of the matter is, change does happen. But it requires years, and a big amount of faith. If a leader believes so much in his ideals, he is ready to wait for years, even lifetimes, in order to make his work put to completion. As a leader, he is aware that he is merely passing the torch, making it a little brighter, for the future world to see. “It is better to light just one little candle than to forever curse the darkness.” One does not know how the finish line looks like, but he must take these small steps everyday, to make him nearer to it. When Disneyland was constructed, it is said that one of the older executives of Disney Productions remarked, “I hope Walt was here to see this”. To which, someone remarked, “Walt saw this, that is why we are seeing it now”.
SOCIAL CONSCIENCE
It is a bit of a surprise that again, the consideration of society and the community where the organization operates, is a common requirement of leadership. Whatever we do, we must address the issues of crime and poverty, among the many societal issues and problems. Leadership cannot operate apart from the community. In the Fullan article, the same is being said. In this article, we have no theories being laid down. What we have are matter-of-fact answers of known education leaders from all walks of life. If educational leadership is to be successful, it must address societal concerns and tackle it head-on. Education is for social transformation. If education does not teach children how to behave, we will just leave them to “turn their arithmetic to roguery and their literature to lust” (John Ruskin).
The issues of society are the things we must teach the children today. If they are not ready for them, they will be disillusioned in the future. They will despair to the harsh realities of life: that cognitive food does not satisfy the soul of society. Then, later they will realize that the chasm that separates the rich and the poor for example is too big to handle. We must offer the solution now.
SERIOUSNESS OF PURPOSE
Goals and courage mean nothing without the definiteness of purpose. One seminar I attended maintained that a person who continually changes his goals would not achieve any of them. If you must light pieces of papers with a magnifying glass, you must fix your glass under the sun. Indeed, as was mentioned above, the journey of a thousand miles begins with one step. You cannot expect the educational system to change in one day, just because you recently became the principal of your school. “We are here for the long haul” (Theodore Sizer).
Napoleon Hill in his book “Think and Grow Rich” mentioned something about this through the concept of bulldog tenacity. He mentioned Edison who broke 10,000 bulbs before he became successful with the light bulb that works. When Edison was asked whether he felt bad about the 9,999 bulbs, he said, “Not at all. I just regarded them as 9,999 ways of not making a light bulb”. Again, we must be serious in our purpose before we can achieve anything. People follow leaders who are serious in their purpose. Gandhi was just 90pounds, yet he rallied the almost 200million Indians with a thousand diverse beliefs, towards independence. Such is the magic of definiteness of purpose. And this requires not a small amount of rigor and integrity. No one follows a leader without honor. Hence, the leadership problems in our country.
SITUATIONAL MASTERY
There is another requirement of leadership, and one that may easily be called the x factor in leadership. If the previous four are attitudes, this requirement is a skill. I believe that most leaders who are goal-oriented individuals do not become leaders, or even fail as leaders because of this. Conjoined to the quest for perfection in leadership is the responsibility of working with diverse personalities and talents. Some will even say that they have to put up with little or no-talent. On the contrary, I believe that all people are endowed with talents and creativity. The challenge in leadership is trying to identify, nurture, and put these to use, according to the needs of the organization as a whole. Also, there is the need of convincing these people to stay.
These are the perennial questions in leadership. How do you maintain a well-oiled organization with people of different talents and inclinations, yet looking towards a single, definite goal you have set? How do you keep them in the organization and help in the reculturing process of the whole association? All these questions have good answers in the theoretical side. But in the practical side of the coin, one is left to wonder.
In the Philippines, the main problem is lack of capital. Sometimes, we cannot hire the best people because we cannot pay for them. Further, there are needs that should be addressed, and most of the times, the means necessary are not far from financial and/or material. All these things, a leader must face, including his own self-esteem and the addressing of his material as well as emotional needs.
Not every one is called for the job of leadership. You must be fit for the job. And what are the requirements? Not a few: great amounts of faith, hope, courage and all the positive attitudes of successful people. And the exact fit of the talents and skills required for the task at hand.
Reflection by George Atento
The article recalls the 43 interviews done by the author on so-called “educational leaders”. These are principals, teachers and even city mayors. What the author came up is a list of the common qualities of a leader in education.
BEDROCK BELIEF
I believe that this quality refers to the goals set by the educational leaders. When a leader sets goals, he or she believes these can be achieved. These goals are specific, time-bound and measurable. They are also challenging and realistic. If goals are well made, then the only thing needed is the leader’s belief that these goals can indeed be achieved by his/her organization. Change is not only possible among all people. It is a day-to-day necessity. Leaders only need to present the stimulus of change, and the reasonableness of absorbing it.
There are problems that will be met along the way. A man who knows where he is going, who is convinced of the necessity of his goals, will eventually find a way to pull through.
COURAGE TO SWIM UPSTREAM
Mere belief in your own goals does not imply leadership success. There will surely be problems along the way. Hence, courage to swim upstream, or go against the normal flow of things is greatly needed. Again, we are presented the question of change. People are so afraid to change their ways because culture becomes deeply rooted in their lives. Once they got used to a certain way of doing things, they become resistant to change. But change, we must. Therefore, as leaders, we must prepare ourselves with enough courage to go against the tide of the status quo and the hostility of people who got used to the status quo.
Another thing we must be ready to fight with is despair. Most of the times, change takes so long to happen. There are almost an infinite number of given. And most of the time, the innovations we are hoping for are dependent on many things: political moves, economy moves, stock market fluctuations, prices of oil, labor problems, wage disparity problems, results of national and local elections, etc. Here in the Philippines, the most we can hope for is that the one deciding up there in the Department of Education will take up one or two of the most pertinent issues you (as teacher) have proposed fifteen years ago. Fact of the matter is, change does happen. But it requires years, and a big amount of faith. If a leader believes so much in his ideals, he is ready to wait for years, even lifetimes, in order to make his work put to completion. As a leader, he is aware that he is merely passing the torch, making it a little brighter, for the future world to see. “It is better to light just one little candle than to forever curse the darkness.” One does not know how the finish line looks like, but he must take these small steps everyday, to make him nearer to it. When Disneyland was constructed, it is said that one of the older executives of Disney Productions remarked, “I hope Walt was here to see this”. To which, someone remarked, “Walt saw this, that is why we are seeing it now”.
SOCIAL CONSCIENCE
It is a bit of a surprise that again, the consideration of society and the community where the organization operates, is a common requirement of leadership. Whatever we do, we must address the issues of crime and poverty, among the many societal issues and problems. Leadership cannot operate apart from the community. In the Fullan article, the same is being said. In this article, we have no theories being laid down. What we have are matter-of-fact answers of known education leaders from all walks of life. If educational leadership is to be successful, it must address societal concerns and tackle it head-on. Education is for social transformation. If education does not teach children how to behave, we will just leave them to “turn their arithmetic to roguery and their literature to lust” (John Ruskin).
The issues of society are the things we must teach the children today. If they are not ready for them, they will be disillusioned in the future. They will despair to the harsh realities of life: that cognitive food does not satisfy the soul of society. Then, later they will realize that the chasm that separates the rich and the poor for example is too big to handle. We must offer the solution now.
SERIOUSNESS OF PURPOSE
Goals and courage mean nothing without the definiteness of purpose. One seminar I attended maintained that a person who continually changes his goals would not achieve any of them. If you must light pieces of papers with a magnifying glass, you must fix your glass under the sun. Indeed, as was mentioned above, the journey of a thousand miles begins with one step. You cannot expect the educational system to change in one day, just because you recently became the principal of your school. “We are here for the long haul” (Theodore Sizer).
Napoleon Hill in his book “Think and Grow Rich” mentioned something about this through the concept of bulldog tenacity. He mentioned Edison who broke 10,000 bulbs before he became successful with the light bulb that works. When Edison was asked whether he felt bad about the 9,999 bulbs, he said, “Not at all. I just regarded them as 9,999 ways of not making a light bulb”. Again, we must be serious in our purpose before we can achieve anything. People follow leaders who are serious in their purpose. Gandhi was just 90pounds, yet he rallied the almost 200million Indians with a thousand diverse beliefs, towards independence. Such is the magic of definiteness of purpose. And this requires not a small amount of rigor and integrity. No one follows a leader without honor. Hence, the leadership problems in our country.
SITUATIONAL MASTERY
There is another requirement of leadership, and one that may easily be called the x factor in leadership. If the previous four are attitudes, this requirement is a skill. I believe that most leaders who are goal-oriented individuals do not become leaders, or even fail as leaders because of this. Conjoined to the quest for perfection in leadership is the responsibility of working with diverse personalities and talents. Some will even say that they have to put up with little or no-talent. On the contrary, I believe that all people are endowed with talents and creativity. The challenge in leadership is trying to identify, nurture, and put these to use, according to the needs of the organization as a whole. Also, there is the need of convincing these people to stay.
These are the perennial questions in leadership. How do you maintain a well-oiled organization with people of different talents and inclinations, yet looking towards a single, definite goal you have set? How do you keep them in the organization and help in the reculturing process of the whole association? All these questions have good answers in the theoretical side. But in the practical side of the coin, one is left to wonder.
In the Philippines, the main problem is lack of capital. Sometimes, we cannot hire the best people because we cannot pay for them. Further, there are needs that should be addressed, and most of the times, the means necessary are not far from financial and/or material. All these things, a leader must face, including his own self-esteem and the addressing of his material as well as emotional needs.
Not every one is called for the job of leadership. You must be fit for the job. And what are the requirements? Not a few: great amounts of faith, hope, courage and all the positive attitudes of successful people. And the exact fit of the talents and skills required for the task at hand.
Reshaping School Leadership
Reshaping School Leadership
Leadership for the 21st century: Breaking the Bonds of Dependency
By: Michael Fullan
Reflection by George Atento
Two factors were identified in the article as contributing to dependency: overload and vulnerability. Although we cannot make a good comparison right now of how overload is to be classified as such, we may say that most school leaders, particularly principals here in the Philippines, are experiencing overload. For example, in public schools, they are also taking care of the canteen, and the beautification of the school. Some principals even handle financial management, student discipline, marketing, and still others. Most of them operate on little or no budget at all.
Indeed, as a newly hired principal of a basic education school, this particular article is very timely for me. As expected, I started out strong, since there was a change in responsibility for me. Idealism is written all over me. Reform the school! That was my mission. But I did not realize that “change” is something hard, almost revolutionary. Hence, in our discussion in class, I was prompted to react against too much emphasis on change. I felt the philosophical debate starting all over again: Parmenides on one end, holding Being to be true; Heraclitus on another, giving that lofty position to Change, or Becoming. I felt that I was again in the midst of the ancient question of motion and becoming, and was almost tempted to quote Aristotle’s “potency and act”, but I held my ground.
My experiences with my present school prompted me to be careful to “change”. The quotation from Evans made me laugh in utter recognizance: A leader needs to “innovate, but cannot spend much money, replace any personnel, or upset any constituency”. (Evans, 1995). Indeed, there are so many given, so many “Untouchables” that you wonder in the first place how it’s going to be done. While it is easy to create a utopian goal, you have to face diverse personalities, cultures, norms, beliefs and personal attitudes. And these are fixated by the gods of Olympus, mind you.
Fullan, in his book, What’s Worth Fighting Out There proposed four guidelines in 1998 regarding School Leadership:
RESPECT THOSE YOU WANT TO SILENCE
There is only one thing certain in leadership: resistance. In my case, it is quite strong. Here am I, a 34-year-old former banker, who has only four years of teaching behind and a huge flame in my heart that no one can see yet. And I am trying to tell teachers almost twice older than I am, with five times teaching-experience than I have that we can increase our enrolment four-fold and increase their salaries twice in the process. It was too much for them. Someone said that I was teaching them faster than they can learn.
There is resistance, and it must be silenced. And the key word is respect. What Maurer proposed is quite clear. You cannot start with the assumption that everything they say is wrong. If indeed, they are mistaken, there is still something true in what they say. If you must arrive at the truth, says St. Thomas Aquinas, you have to listen to all views: “If you must arrive at the truth, listen to even to the dull and ignorant, for they too have something to say”. Since we are new to the place, as we often are, or because we are busy looking at the finish line, we sometimes fail to see things that are evident to them: a small rock on the road perhaps. In a way, we become like a Progressivist, taking into consideration what they hold dear, in order to influence them. Indeed, as St. Paul said, “To the Jew, I became a Jew; to the Greek, a Greek”. If we must influence, we must respect. For Piaget, Freud, Erikson and a host of psychologists: we must assess their needs and attitudes. Hence, for me, over and above the courage to effect change, is the humility to listen to those who will experience the change we are proposing.
MOVE TOWARDS THE DANGER IN FORMING NEW ALLIANCES
Here we are reminded of the need to form a good relationship with the community. In order for schools to increase, the leader must take up the clientele’s needs and aspirations. We cannot talk about technology and science-enriched curriculum in a setting centered on cottage industries or garment factories. We must consider the community where we belong, and this is part of the goals of the school leader.
In the PAASCU questionnaire, community holds an important part. In fact, according to Palma (Curriculum Development System), we must consider the expectations of the community and the clientele, before we can make a final list of the Instructional Objectives (p.161ff) of the school. Hence, curriculum engineering is even a by-product of the community among many other factors.
MANAGE EMOTIONALLY AS WELL AS RATIONALLY
In this section, Fullan proposed to use our heart as well as our mind in dealing with people. The result of my Management, Supervisory and Attitudes toward Employees, which is part of the entrance examinations with DLSU, is quite revealing. My management attitude is “High”, while my supervisory attitude is “Average”. In contrast, my attitude towards employees is “Low”, with a p-value of only 12. I think that upon reaching the position of being the principal, I knew I had to change from being so friendly to people, to being firm and uncompromising. Perhaps, I was exacting from my staff the same things I exact from myself. Perhaps also, I am afraid that these people will start to take me for granted once I show friendliness towards them. Hence, I started very strong. My adminstrator even remarked that some teachers feel that they have not done anything right since the start of the school, ten years ago. Perhaps, they view me as unrealistically idealistic. I was dumbfounded. Here I am, faced with 200 days of school year, my first time as a principal, already failing as a leader. After all the motivational and leadership books since high school, here I am becoming too hard in my leadership styles. I believe that in order to succeed in influencing people, we must take into consideration the feelings of people: “Not too tightly or it might break, not too loosely or it might slip away”. (Amanda Gardner) People indeed fail not in theory, but in practice.
Napoleon Bonaparte knew this. He said, “There are no bad soldiers, only bad officers”. The great emperor, though barely 5 feet in height, conquered half the world, through his big heart. It is said that he even goes to his soldiers’ ranks and engages them in lively talks about their families and loved ones at home. They know them and their feelings; hence, they are ready to die for him.
Hence, from the strong beginning, I am now taking things to a stride. Rome wasn’t made in a day, my mother always tells me. Fullan mentioned about reculturing, not restructuring. You must help them reshape their cultures and norms, in order to progress. They won’t change from outside. As a leader, I must only convince them the reasonableness and even the necessity of changing. This, they must do from within.
FIGHT FOR LOST CAUSES
Hope against all hopes. Several times along the way, we will go home despaired and utterly confused. We will be beating our hearts and asking “What the h*** am I doing here? I don’t belong here”. (Creep, Radiohead) We must be optimistic, since there will be fits of indecision and despair, even insanity. Without someone to hope against all hopes, the organization fails. My teachers told me the first day of meeting with them: “Sir, we know we’re not bad teachers. Only, we don’t have a leader to tell us where to go”. I guess someone needs to tell us where to go. Or simply, where this or that path leads. That we can choose our own. For me, all these spell being goal-oriented. If a leader believes enough in his goals, and he is ready to face hell and high waters so that his goals will be fulfilled, everything will happen, and there is nothing impossible for him, for a man of faith.
Hence, for me, a leader ought to show his constituents the goals that he (or the organization) formulated. He or she must explain to them the reasonableness, the necessity and practicality of these goals. Then, when everything is agreed upon, he or she must be ready to see to it that these goals are fulfilled in the proper way, and at the proper time, through his constituents’ talents, creativity and self-programmed choices and plan of action.
FINAL WORD
Overload and vulnerability? Are these defeatable?
I do believe that there is hope! We can actually do something for the benefit of education at large. If we believe we can, and persist smartly (cf. Prof. Habulan) and hardly, we will make a difference. Then, our lives will be meaningful lives.
Submitted by: RAMON GEORGE ATENTO
Leadership for the 21st century: Breaking the Bonds of Dependency
By: Michael Fullan
Reflection by George Atento
Two factors were identified in the article as contributing to dependency: overload and vulnerability. Although we cannot make a good comparison right now of how overload is to be classified as such, we may say that most school leaders, particularly principals here in the Philippines, are experiencing overload. For example, in public schools, they are also taking care of the canteen, and the beautification of the school. Some principals even handle financial management, student discipline, marketing, and still others. Most of them operate on little or no budget at all.
Indeed, as a newly hired principal of a basic education school, this particular article is very timely for me. As expected, I started out strong, since there was a change in responsibility for me. Idealism is written all over me. Reform the school! That was my mission. But I did not realize that “change” is something hard, almost revolutionary. Hence, in our discussion in class, I was prompted to react against too much emphasis on change. I felt the philosophical debate starting all over again: Parmenides on one end, holding Being to be true; Heraclitus on another, giving that lofty position to Change, or Becoming. I felt that I was again in the midst of the ancient question of motion and becoming, and was almost tempted to quote Aristotle’s “potency and act”, but I held my ground.
My experiences with my present school prompted me to be careful to “change”. The quotation from Evans made me laugh in utter recognizance: A leader needs to “innovate, but cannot spend much money, replace any personnel, or upset any constituency”. (Evans, 1995). Indeed, there are so many given, so many “Untouchables” that you wonder in the first place how it’s going to be done. While it is easy to create a utopian goal, you have to face diverse personalities, cultures, norms, beliefs and personal attitudes. And these are fixated by the gods of Olympus, mind you.
Fullan, in his book, What’s Worth Fighting Out There proposed four guidelines in 1998 regarding School Leadership:
RESPECT THOSE YOU WANT TO SILENCE
There is only one thing certain in leadership: resistance. In my case, it is quite strong. Here am I, a 34-year-old former banker, who has only four years of teaching behind and a huge flame in my heart that no one can see yet. And I am trying to tell teachers almost twice older than I am, with five times teaching-experience than I have that we can increase our enrolment four-fold and increase their salaries twice in the process. It was too much for them. Someone said that I was teaching them faster than they can learn.
There is resistance, and it must be silenced. And the key word is respect. What Maurer proposed is quite clear. You cannot start with the assumption that everything they say is wrong. If indeed, they are mistaken, there is still something true in what they say. If you must arrive at the truth, says St. Thomas Aquinas, you have to listen to all views: “If you must arrive at the truth, listen to even to the dull and ignorant, for they too have something to say”. Since we are new to the place, as we often are, or because we are busy looking at the finish line, we sometimes fail to see things that are evident to them: a small rock on the road perhaps. In a way, we become like a Progressivist, taking into consideration what they hold dear, in order to influence them. Indeed, as St. Paul said, “To the Jew, I became a Jew; to the Greek, a Greek”. If we must influence, we must respect. For Piaget, Freud, Erikson and a host of psychologists: we must assess their needs and attitudes. Hence, for me, over and above the courage to effect change, is the humility to listen to those who will experience the change we are proposing.
MOVE TOWARDS THE DANGER IN FORMING NEW ALLIANCES
Here we are reminded of the need to form a good relationship with the community. In order for schools to increase, the leader must take up the clientele’s needs and aspirations. We cannot talk about technology and science-enriched curriculum in a setting centered on cottage industries or garment factories. We must consider the community where we belong, and this is part of the goals of the school leader.
In the PAASCU questionnaire, community holds an important part. In fact, according to Palma (Curriculum Development System), we must consider the expectations of the community and the clientele, before we can make a final list of the Instructional Objectives (p.161ff) of the school. Hence, curriculum engineering is even a by-product of the community among many other factors.
MANAGE EMOTIONALLY AS WELL AS RATIONALLY
In this section, Fullan proposed to use our heart as well as our mind in dealing with people. The result of my Management, Supervisory and Attitudes toward Employees, which is part of the entrance examinations with DLSU, is quite revealing. My management attitude is “High”, while my supervisory attitude is “Average”. In contrast, my attitude towards employees is “Low”, with a p-value of only 12. I think that upon reaching the position of being the principal, I knew I had to change from being so friendly to people, to being firm and uncompromising. Perhaps, I was exacting from my staff the same things I exact from myself. Perhaps also, I am afraid that these people will start to take me for granted once I show friendliness towards them. Hence, I started very strong. My adminstrator even remarked that some teachers feel that they have not done anything right since the start of the school, ten years ago. Perhaps, they view me as unrealistically idealistic. I was dumbfounded. Here I am, faced with 200 days of school year, my first time as a principal, already failing as a leader. After all the motivational and leadership books since high school, here I am becoming too hard in my leadership styles. I believe that in order to succeed in influencing people, we must take into consideration the feelings of people: “Not too tightly or it might break, not too loosely or it might slip away”. (Amanda Gardner) People indeed fail not in theory, but in practice.
Napoleon Bonaparte knew this. He said, “There are no bad soldiers, only bad officers”. The great emperor, though barely 5 feet in height, conquered half the world, through his big heart. It is said that he even goes to his soldiers’ ranks and engages them in lively talks about their families and loved ones at home. They know them and their feelings; hence, they are ready to die for him.
Hence, from the strong beginning, I am now taking things to a stride. Rome wasn’t made in a day, my mother always tells me. Fullan mentioned about reculturing, not restructuring. You must help them reshape their cultures and norms, in order to progress. They won’t change from outside. As a leader, I must only convince them the reasonableness and even the necessity of changing. This, they must do from within.
FIGHT FOR LOST CAUSES
Hope against all hopes. Several times along the way, we will go home despaired and utterly confused. We will be beating our hearts and asking “What the h*** am I doing here? I don’t belong here”. (Creep, Radiohead) We must be optimistic, since there will be fits of indecision and despair, even insanity. Without someone to hope against all hopes, the organization fails. My teachers told me the first day of meeting with them: “Sir, we know we’re not bad teachers. Only, we don’t have a leader to tell us where to go”. I guess someone needs to tell us where to go. Or simply, where this or that path leads. That we can choose our own. For me, all these spell being goal-oriented. If a leader believes enough in his goals, and he is ready to face hell and high waters so that his goals will be fulfilled, everything will happen, and there is nothing impossible for him, for a man of faith.
Hence, for me, a leader ought to show his constituents the goals that he (or the organization) formulated. He or she must explain to them the reasonableness, the necessity and practicality of these goals. Then, when everything is agreed upon, he or she must be ready to see to it that these goals are fulfilled in the proper way, and at the proper time, through his constituents’ talents, creativity and self-programmed choices and plan of action.
FINAL WORD
Overload and vulnerability? Are these defeatable?
I do believe that there is hope! We can actually do something for the benefit of education at large. If we believe we can, and persist smartly (cf. Prof. Habulan) and hardly, we will make a difference. Then, our lives will be meaningful lives.
Submitted by: RAMON GEORGE ATENTO
When teammates raise a white flag
by: Paul W. Mulvey, John F. Veiga, Priscilla M. Elsass
A reflection by George Atento
Reading this article – like the other articles Dr. Habulan assigned us – is like going over the same experiences I have had, or am having in the various stages of my life. The very words from the article puts me back in time – as a youth leader, as President of church groups, as bank employee, bank officer, and teacher. It also makes me cogitate on my present position as principal.
It is in the management position that awareness is achieved on the importance of certain values and attitudes of leadership, and how a team becomes successful through cooperation. Team effort, cooperation, team spirit – all these things point to an important, nay, an essential thing in every organization, business or otherwise.
Cooperation in an enterprise – business or religious – was easy for me as a “teammate”, as a follower. As an employee in the number one branch of our bank, I had to do multiple tasks even without the supervision of my immediate supervisor. Often, this is done without filing for overtime. When I became the youngest accountant there – even though my bachelor course is in Mathematics, the more I engaged in multiple tasks because you have to focus on the whole, not just the part of every accounting entry and transaction. In that place, I never saw an employee do his task with the whole in mind – that, is, the company. All we hear of is this is my job, and that is yours. When someone else’s client comes in, he is asked to wait for the employee in charge of him/her. If the employee is absent, he is politely turned over to the officer. Worse, he/she will be asked to return some other time.
As teacher, I was the source of unity among the ranks. I was able to draw the best in people – my co-followers by simply inspiring them by my examples, and through the “friendship factor” mingled with humor, which became my character back then. And almost always, I make a difference in my organization by instilling positive energy and encouragements to my co-teachers, my co-employees. I see to it that everyone is comfortable. Even in adversity and drudgery. I believed then as I believe now that sometimes, a smile makes the difference. And as a follower, I was always ready to give that to the rank and file people. And sometimes, even to the middle managers.
Now, when we talk of leadership – of directing people someplace, through the direction of the company goals – the school’s mission and vision, there is much difference. I stayed long enough in the rank and file and somehow developed sensitivity to the needs and aspirations of these people. Now, when you become a leader, this sensitivity sometimes becomes a sort of a stumbling block. There are genuine benefits to this sensitivity and friendship, and there are also critical setbacks. When you become ultra-sensitive to the needs of your people, you worry a lot if they are able to cope with your pace. Sometimes, you fail to look to the goal and measure them merely by the strengths (and weaknesses) of your people. Some will not even call this sensitivity but a clinging to approval ratings.
Sometimes I would wonder, “How did our administrators view us then? Did they believe that we were raising a white flag when we would rather sit at the back rows during meetings?” Perhaps. But there is a reason even for sitting at the back row. Here again, sensitivity is needed. One cannot be a leader especially in this age, this new economy, without considering the goals, aspirations, needs and even fears of the rank. In the Art of War, Sun Tzu mentioned that you could not lead a band of soldiers without considering where they are. How can you orchestrate an attack when you are already at the hills, and your soldiers are still at the valleys?
Most administrators I know either fail to communicate their goals clearly to the rank and file – or they simply do not trust them enough. Perchance, they do not have a clear goal also. How can you give something you do not have?
I do not agree with the authors that the reason why teammates raise a white flag is because of the presence of someone with expertise. Even when there is a person with expertise in the team, there will be cooperation if each member knows the goals of the team, and what is expected of each of them. If the leader – especially if he/she is the person with expertise – is able to communicate what he/she wants everyone to do, and there is collegiality among the team members, then everyone will share inputs. The six statements given by the authors are not why teammates raise a white flag so to speak. These statements are the six favorite excuses of teammates why they do not want to share their thoughts in an organization. Here, humility is a big factor. Plus the “friendship factor” that I mentioned above. Without this from the expert or he leader, no one will really share his/her opinions.
One clear example is inside the classroom. Clearly, the teacher is the expert. But students share their opinions. The teacher elicits the answers from them. Perhaps, this is because the students know what is expected of them. Finally, they are given some allowance for failure. They know they won’t be laughed at for their mistakes. They know that they are students so they are allowed to make some of those.
So goes the same with the other “reasons”. The presentation of a compelling argument per se does not make middle managers or even staff members inhibit. If there is unity and collegiality among all members of the team, even the presence of a compelling argument makes you analyze your position and the position of the whole team. Team members will all the more posit their opinions, whether these are of agreement, points of query or total disagreement.
Again, if there is clear communication of goals and the task at hand, no one will question his own ability to contribute. If there is a climate of trust and confidence on every member of the organization, and this is communicated to every one, then this will not be a problem. Nor will there be meaningless or unimportant decision. Every decision, contrariwise, affects every unit. Every item to be taken up is considered as part of the whole. Hence, since the whole influences every part, every parcel of decision influences every unit and is undeniably important to each.
I believe that what is important in every environment is a communication of trust, of confidence. Leaders must expect the best from the people they lead. This may – in the short term – turn out to be sluggish. But, in the long term, this will prove to be better for the organization. Of course, this is given that the decision is not a matter of life and death that the leader must make immediately.
Leaders, for me, must allow his constituents to share their opinions, and let them realize whether or not these are viable or not. In the process, the leaders must give some allowance for failure. Let them create an environment where failure does not mean death. Failure shakes an organization, but if there is clear policy, genuine justice and humane consideration for weaknesses, then failure will not be so bad. And only then will teammates decide to contribute, because they know they are essential to the organization. Nor will they be criticized unjustly for their opinions. When the teammates contribute, then there is ownership, and cooperation. A lot will be at stake, even for the constituents. There is a clear transformation then from the so-called “X” syndrome to the “Y”, and even to Ouichi’s “Z”.
Hence, as a leader, we must realize that we cannot do everything on our own. This is true especially in schools. Even though you are a good principal, with clear goals and vision, but you are not a source of unity and collegiality among your members, it will be hard for you to stand. The school is a place of people, more than in any organization. And people have feelings and needs. The teachers can make you or break you. Hence, as a leader, we must consider the whole picture focusing not only on our goals, but also on the goals of our team members, our own teammates. They too have something to say. And these cannot be all wrong. We have to listen to them, and let them know that we do. Only then can our organization be a healthy one. Once, I heard of a motivator speak of success as 85% attitude and only 15% skills. Now, the figures are not theoretical to me anymore. Laus Deo. (Sta. Rosa, Laguna)
A reflection by George Atento
Reading this article – like the other articles Dr. Habulan assigned us – is like going over the same experiences I have had, or am having in the various stages of my life. The very words from the article puts me back in time – as a youth leader, as President of church groups, as bank employee, bank officer, and teacher. It also makes me cogitate on my present position as principal.
It is in the management position that awareness is achieved on the importance of certain values and attitudes of leadership, and how a team becomes successful through cooperation. Team effort, cooperation, team spirit – all these things point to an important, nay, an essential thing in every organization, business or otherwise.
Cooperation in an enterprise – business or religious – was easy for me as a “teammate”, as a follower. As an employee in the number one branch of our bank, I had to do multiple tasks even without the supervision of my immediate supervisor. Often, this is done without filing for overtime. When I became the youngest accountant there – even though my bachelor course is in Mathematics, the more I engaged in multiple tasks because you have to focus on the whole, not just the part of every accounting entry and transaction. In that place, I never saw an employee do his task with the whole in mind – that, is, the company. All we hear of is this is my job, and that is yours. When someone else’s client comes in, he is asked to wait for the employee in charge of him/her. If the employee is absent, he is politely turned over to the officer. Worse, he/she will be asked to return some other time.
As teacher, I was the source of unity among the ranks. I was able to draw the best in people – my co-followers by simply inspiring them by my examples, and through the “friendship factor” mingled with humor, which became my character back then. And almost always, I make a difference in my organization by instilling positive energy and encouragements to my co-teachers, my co-employees. I see to it that everyone is comfortable. Even in adversity and drudgery. I believed then as I believe now that sometimes, a smile makes the difference. And as a follower, I was always ready to give that to the rank and file people. And sometimes, even to the middle managers.
Now, when we talk of leadership – of directing people someplace, through the direction of the company goals – the school’s mission and vision, there is much difference. I stayed long enough in the rank and file and somehow developed sensitivity to the needs and aspirations of these people. Now, when you become a leader, this sensitivity sometimes becomes a sort of a stumbling block. There are genuine benefits to this sensitivity and friendship, and there are also critical setbacks. When you become ultra-sensitive to the needs of your people, you worry a lot if they are able to cope with your pace. Sometimes, you fail to look to the goal and measure them merely by the strengths (and weaknesses) of your people. Some will not even call this sensitivity but a clinging to approval ratings.
Sometimes I would wonder, “How did our administrators view us then? Did they believe that we were raising a white flag when we would rather sit at the back rows during meetings?” Perhaps. But there is a reason even for sitting at the back row. Here again, sensitivity is needed. One cannot be a leader especially in this age, this new economy, without considering the goals, aspirations, needs and even fears of the rank. In the Art of War, Sun Tzu mentioned that you could not lead a band of soldiers without considering where they are. How can you orchestrate an attack when you are already at the hills, and your soldiers are still at the valleys?
Most administrators I know either fail to communicate their goals clearly to the rank and file – or they simply do not trust them enough. Perchance, they do not have a clear goal also. How can you give something you do not have?
I do not agree with the authors that the reason why teammates raise a white flag is because of the presence of someone with expertise. Even when there is a person with expertise in the team, there will be cooperation if each member knows the goals of the team, and what is expected of each of them. If the leader – especially if he/she is the person with expertise – is able to communicate what he/she wants everyone to do, and there is collegiality among the team members, then everyone will share inputs. The six statements given by the authors are not why teammates raise a white flag so to speak. These statements are the six favorite excuses of teammates why they do not want to share their thoughts in an organization. Here, humility is a big factor. Plus the “friendship factor” that I mentioned above. Without this from the expert or he leader, no one will really share his/her opinions.
One clear example is inside the classroom. Clearly, the teacher is the expert. But students share their opinions. The teacher elicits the answers from them. Perhaps, this is because the students know what is expected of them. Finally, they are given some allowance for failure. They know they won’t be laughed at for their mistakes. They know that they are students so they are allowed to make some of those.
So goes the same with the other “reasons”. The presentation of a compelling argument per se does not make middle managers or even staff members inhibit. If there is unity and collegiality among all members of the team, even the presence of a compelling argument makes you analyze your position and the position of the whole team. Team members will all the more posit their opinions, whether these are of agreement, points of query or total disagreement.
Again, if there is clear communication of goals and the task at hand, no one will question his own ability to contribute. If there is a climate of trust and confidence on every member of the organization, and this is communicated to every one, then this will not be a problem. Nor will there be meaningless or unimportant decision. Every decision, contrariwise, affects every unit. Every item to be taken up is considered as part of the whole. Hence, since the whole influences every part, every parcel of decision influences every unit and is undeniably important to each.
I believe that what is important in every environment is a communication of trust, of confidence. Leaders must expect the best from the people they lead. This may – in the short term – turn out to be sluggish. But, in the long term, this will prove to be better for the organization. Of course, this is given that the decision is not a matter of life and death that the leader must make immediately.
Leaders, for me, must allow his constituents to share their opinions, and let them realize whether or not these are viable or not. In the process, the leaders must give some allowance for failure. Let them create an environment where failure does not mean death. Failure shakes an organization, but if there is clear policy, genuine justice and humane consideration for weaknesses, then failure will not be so bad. And only then will teammates decide to contribute, because they know they are essential to the organization. Nor will they be criticized unjustly for their opinions. When the teammates contribute, then there is ownership, and cooperation. A lot will be at stake, even for the constituents. There is a clear transformation then from the so-called “X” syndrome to the “Y”, and even to Ouichi’s “Z”.
Hence, as a leader, we must realize that we cannot do everything on our own. This is true especially in schools. Even though you are a good principal, with clear goals and vision, but you are not a source of unity and collegiality among your members, it will be hard for you to stand. The school is a place of people, more than in any organization. And people have feelings and needs. The teachers can make you or break you. Hence, as a leader, we must consider the whole picture focusing not only on our goals, but also on the goals of our team members, our own teammates. They too have something to say. And these cannot be all wrong. We have to listen to them, and let them know that we do. Only then can our organization be a healthy one. Once, I heard of a motivator speak of success as 85% attitude and only 15% skills. Now, the figures are not theoretical to me anymore. Laus Deo. (Sta. Rosa, Laguna)
Tuesday, February 21, 2006
Negligence in Schools
February 21.
I just came from work, and I heard the news about 11 students rushed to the hospital because of Mercury poisoning. In fact, they are trying to test all the students in the class just for sure. This happened in a first year high school class in a certain St. Andrews School. Presumably - as the report in GMA7 maintains - an unprotected mercury is placed in a beaker for everyone to see. The beaker in turn is passed from student to student. In this case, we can only conjecture on what really transpired. Perhaps, some students fooled around with the mercury. Perhaps, some of them touched the poisonous substance.
The first thing that came to my mind was the teacher's presence. It might be charged to his/her negligence that such an event should happen to students. Even if s/he was there and made explicit orders on the procedures of handling the element, if there has been serious lack of diligence on his/her part, s/he will surely toast. The burden of proof - of showing care and diligence - lies on the teacher. We don't want to be in his/her position right now.
This should be a lesson for all of us teachers. For us educational leaders, we must see to it that the teachers know their obligations, their liabilities. If they know this beforehand, they would be diligent. After all, as Sewall said, "What we don't know will hurt us".
I just came from work, and I heard the news about 11 students rushed to the hospital because of Mercury poisoning. In fact, they are trying to test all the students in the class just for sure. This happened in a first year high school class in a certain St. Andrews School. Presumably - as the report in GMA7 maintains - an unprotected mercury is placed in a beaker for everyone to see. The beaker in turn is passed from student to student. In this case, we can only conjecture on what really transpired. Perhaps, some students fooled around with the mercury. Perhaps, some of them touched the poisonous substance.
The first thing that came to my mind was the teacher's presence. It might be charged to his/her negligence that such an event should happen to students. Even if s/he was there and made explicit orders on the procedures of handling the element, if there has been serious lack of diligence on his/her part, s/he will surely toast. The burden of proof - of showing care and diligence - lies on the teacher. We don't want to be in his/her position right now.
This should be a lesson for all of us teachers. For us educational leaders, we must see to it that the teachers know their obligations, their liabilities. If they know this beforehand, they would be diligent. After all, as Sewall said, "What we don't know will hurt us".
Monday, February 20, 2006
Oleanna
LEGAL NOTES
Notes in Revised Penal Code
Analysis of the Oleanna Case. This is merely a copy of my assignment for Legal Aspects of Education under Atty. Jocelyn Cruz
Parameters of the Present Analysis
As agreed upon in class, we will apply the IRAC formula in writing and analyzing the relevant issues and pertinent circumstances of the movie “Oleanna” by David Mamet. The movie, based on an original play by Mamet, was set in an age that has not fully understood the meaning of “sexual harassment”. Indeed, David Mamet wrote this play/movie after the famous Anita Hill vs. Clarence Thomas in the early 1990s. However, even the charge made then was “sexual impropriety”. What the said celebrated case achieved is the understanding of the general (American) populace of term “sexual harassment”, although this latter term seemed to have been coined in 1974 at Cornell University. Atty. Drobac (2005) of the Indiana University School of Law, maintains that the law on sexual harassment has its legal standpoint from the 1964 Civil Rights Act, and that indeed it is a form of “discrimination because of …sex”.
Now, the present analysis transfers the situation to our present day and country, when and where a law is already in force against sexual harassment, particularly our Anti-Sexual Harassment Act (RA 7877). Interestingly, the latter act began in our Congress in 1994, and was enacted the following year. Anita Hill’s case and Oleanna evidently influenced this.
Further, the original complaint of Carol carries education issues, colored by “political correctness” - an issue that is somehow related to harassment. Indeed, as Spark Notes (Barnes and Noble) maintains, political correctness is a major theme in Oleanna. Now, the present study, although set in a master’s class in education, is not concerned about political correctness and educational issues per se. Rather, the concern of this paper pertains to the legal issues that apply to our life as teachers and future administrators and educational leaders.
Another parameter that must be considered here is that the original complaint does not carry the last scene, where John – evidently fuming mad with rage – beats Carol to the point of almost hitting her with a chair. This present analysis considers that scene as an added complaint. However, the last scene will inject several issues in the complaint of Carol against John. Hence, I decided to do a separate analysis for the inclusion of the last scene.
Further, while it is important to consider literary effect, especially in this literary-driven masterpiece, I have downplayed the same for the purpose of focusing on matters-of-fact and issues of legality. Hence, while there seems to be a meaning for the cinematography of lighting, the communication and miscommunication that results from persistent interruptions, the positions of Carol and John, etc., most of these are unacceptable as evidence. Hence, most of literary effects are left for literary - and not legal – analysis.
In Summary
The analysis is set in the present day Philippines, 2006. RA 7877 is already in effect.
There are two cases at bar:
* Carol, a tertiary level student, files a complaint against John, a professor, for sexual harassment, attempted rape and battery (not considering the last scene)
* Carol, a tertiary level student, files a complaint against John, a professor for battery (RA 3815, Revised Penal Code), sexual harassment (RA 7877), attempted rape (RA 8353, Anti-Rape Law), and physical injuries (RA 3815, Revised Penal Code).
Evidences are presented according to the facts presented in the play/movie, without prejudice to the validity and reliability of the statements of the witnesses (Carol, John, Jerry or Grace). Sexual Harassment centers not purely on context, but also on individual interpretation (as will be later clear). Considering this, the presented testimonies may be considered from the perspective of the individual complaining.
First case. Carol, a tertiary level student, files a complaint against John, a professor, for sexual harassment, attempted rape and battery (not considering the last scene)
Plot Overview (some adaptation from Sparknotes.com analysis of the play)
Carol was the student of John. She was asked to his office in order to discuss her poor class performance. John was worried because he thought of Carol as a bright girl. During their talks, telephone calls – alternately from John’s wife Grace and his friend Jerry - keep on coming. Apparently, Grace was concerned about the house they were purchasing.
Now, Carol said she’s also worried about her grades, and that she wishes to understand what is going on in class. Carol though she is stupid, that people have always thought her stupid, and that now John, too, is aware of her stupidity.
In an effort to appease Carol’s bad self-image, John said he sympathized with this feeling; he told Carol he, too, was brought up to feel stupid. From his original feeling of wanting to leave – because of the urgency of the situation with his house and his wife - John has turned himself around, however, and said he wishes to help Carol see how she can improve herself. John took the blame for Carol's lack of understanding in his class and vowed to fix it.
At this point, Grace called again about the house. At about this time also, Carol made the connection that the new house is to accompany John's tenure at the college. John connected this tenure concern to Carol's problem. Here, he suggested that tests, like those of the tenure committee, which has announced but not yet approved him, are meaningless. He started his pedantic and highfaluting discourse against the structures of higher education, and the established teacher-student relationship, which he dubbed as unnecessary and unimportant. Carol asked again about her grade, but John interrupted, assuring her that she will receive an A, if the two of them begin the class again in his office hours.
They discussed some topics from class about which Carol has questions, and John explained his view of higher education - a criminal trial is not a necessity to live a complete life, yet college—a similar right in the modern age—is regarded as a necessity and taken for granted. To John, higher education is not such a good thing, a view with which Carol takes opposition. He explained more, and Carol could not understand some points and became frustrated. John tried to comfort her physically, but she denied him and walked away.
In the second act /scene, Carol already filed a complaint with the tenure committee regarding John. She charged that he was a sexist, elitist, racist, was alone with her, moved to physically embrace her, told her a sexually explicit story, and offered her grades in exchange for private visits to his office—all charges substantiated by actions in the first act/scene.
Carol then attacked John for his views on higher education and his inherent role in the system; he defended this, showing her that they are merely people who agree to take part in an exchange. His role was to provoke her (this has earned another cause for complaint) and, more so, to tell her what he thinks; he cannot correct her, but he merely shares his views as a professor with her, for her to do with as she will. At this point, Carol mentioned that she has consulted on this matter with her "Group". Apparently, she has a backing. Grace called again; John brushed her off to talk to Carol, who tells him the proper venue for these discussions is at the hearing of the tenure committee. Carol turned to go, but John physically restrained her, telling her he just wants to talk to her. Here, Carol shouted for help, and forced her way out the door. There were people outside looking at their direction.
(The third act/scene will be considered as additional evidence/s for the second version of the case, as stipulated above.)
Details of the third act/scene are as follows:
After some time, John has lost his job and his security of tenure. Carol came back to the office once again, and insisted that the charges are absolute fact. John apologized and Carol lectured him on how he exploits students who have every right to learn in college, perpetuating the elitist paradigm. Carol told John she desires not revenge but understanding. John is insistent in attempting to discover how he may end Carol's attacks, and she ultimately offers a bargain; she and her group will drop their charges if John recommends the banning of certain books at the college and signs a statement of support. John is repulsed and refused, snapping out of his kowtowing to Carol. He then became firm in his denial. He revealed that he has not been home in days. The phone rang, and Carol urged him to pick it up. It was Jerry who advised him that Carol and her group are considering pursuing criminal charges against John for battery and attempted rape. John's wife called, and as he talks to her, he asked Carol to leave. She began to oblige, but warned John on the way out not to call his wife "baby." John knocked Carol down, began to beat her, and grabbed a chair as if to hit her with it. As he attempted to regain composure, she sat on the floor, saying to herself, "Yes. That's right."
Issue: Has John, professor of Carol:
1. Committed sexual harassment against the person of Carol, in violation of RA 7877?
2. Attempted the rape of Carol, in violation of RA 8353?
3. Inflicted physical injuries to Carol, in violation of RA 3815?
According to the RA 7877, harassment is committed in educational environment:
(1) Against one who is under the care, custody or supervision of the offender;
(2) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender;
(3) When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or considerations; or
(4) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice.
As provided for in the text of the movie, all requirements are fulfilled for the case at bar. Carol is under the care of John as his student in fulfillment of (2). Further, she was offered an A if she will meet him in his office, in fulfillment of (3). For the requirement in (4), Carol is now presents herself as intimidated; she also maintains that John was hostile and offensive to her.
Now the Civil Service Commission Resolution No. 01-0940 explains and differentiates circumstances surrounding sexual harassment, to wit:
GRAVE OFFENSES SHALL INCLUDE THE FOLLOWING:
a. Unwanted touching of private parts of the body (genitalia, buttocks, and breast);
b. Sexual assault;
c. Malicious touching;
d. Requesting sexual favor in exchange for employment, promotion, local or foreign travels, favorable working conditions or assignments, a passing grade, the granting of honors or scholarship, or the grant of benefits or payment of a stipend or allowance; and
e. Other analogous cases.
LESS GRAVE OFFENSES SHALL INCLUDE THE FOLLOWING:
a. Unwanted touching or brushing against a victim’s body;
b. Pinching, not falling under grave offenses;
c. Derogatory or degrading remarks or innuendos directed toward the members of one sex or one’s sexual orientation or used to describe a person;
d. Verbal abuse or threats with sexual overtones; and
e. Other analogous cases.
THE FOLLOWING SHALL BE CONSIDERED LIGHT OFFENSES:
a. Surreptitiously looking or stealing a look at a person’s private parts or worn undergarments;
b. Telling sexist/smutty jokes or sending these through text, e-mail, or other similar means, causing embarrassment or offense and carried out after the offender had been advised that they are offensive or embarrassing or, even without such advice, when they are by their nature clearly embarrassing, offensive, or vulgar;
c. Malicious leering or ogling;
d. Display of sexually offensive pictures, materials, or graffiti;
e. Unwelcome inquiries or comments about a person’s sex life;
f. Unwelcome flirtation, advances, and propositions;
g. Making offensive hand or body gestures at an employee;
h. Persistent unwanted attention with sexual overtones causing discomfort, embarrassment, offense, or insult to the receiver; and
i. Other analogous cases.
Wherefore, the University of the Philippines, for example has the following as its policy against Sexual Harassment:
THINGS TO REMEMBER:
• It is important for faculty to recognize the power they have over their students (grading, thesis supervision, and provision of references) and that students have a high regard for their teachers. It is therefore the responsibility of the faculty to observe proper decorum and maintain a professional relationship with students at all times. This also holds true for relations between senior faculty/junior faculty and faculty/staff.
• Be aware that students come from different socio-economic and cultural backgrounds and thus have varied perceptions of behavior. While there is nothing wrong with being friendly to students, interactions that are perceived as informal and personal may make some students feel uncomfortable, confused, or anxious about the faculty’s intention.
• Refrain from discussing with students their sexual life, (unless it is part of the class discussion in which case duly inform the students about it) or giving unsolicited advice on personal and intimate matters.
• Be supportive of students who seek help for personal issues; however, avoid taking on a counseling role. Refer them to the UP Diliman Gender Office Crisis Counseling Service of the Office of Counseling and Guidance for advice.
• Be aware that some students may not feel comfortable with physical touching and the showing of nude paintings/photographs. If physical touching and the showing of nude paintings/photographs are necessary for teaching, as in physical education and art classes, duly inform the students about it before the start of classes.
• Let your students know about your boundaries for interactions with them. If a student/staff crosses a boundary, let them know right away to avoid misunderstanding.
• All Deans/heads of units who fail to report officially filed complaints of sexual harassment to the Office of Anti-Sexual Harassment shall be administratively liable for NEGLECT OF DUTY.
COMPLAINTS MUST HAVE THE FOLLOWING ELEMENTS:
1. Unwanted, whether done intentionally or not;
2. Sexual in nature
3. Occurs in a peer, superior-inferior (or vice-versa) relationship in a work, education, or training-related environment;
4. Submission/rejection of acts used as basis for any employment/academic decision; or
5. Effects:
· Interferes with work performance or creates a hostile, offensive, or intimidating environment; or
· Might reasonably be expected to cause discrimination, insecurity, discomfort, offense, or humiliation.
XXX
Now, for rape to be committed, pursuant to the provisions of RA 8353 (Arts. 266-A, as amendments to Act 3815, Revised Penal Code), a man should have “carnal knowledge” of a woman. Now, for the complaint to prosper with respect to (attempted) rape (as stated in GR#143468-71 : People vs Freddie Lizada):
“In reviewing rape cases, this Court is guided by the following principles: (1) to accuse a man of rape is easy but to disprove it is difficult though the accused may be innocent; (2) considering the nature of things, and only two persons are usually involved in the crime of rape, the testimony of the complainant should be scrutinized with great caution; (3) the evidence for the prosecution must stand or fall on its own merits and not be allowed to draw strength from the weakness of the evidence of the defense. By the very nature of the crime of rape, conviction or acquittal depends almost entirely on the credibility of the complainant's testimony because of the fact that usually only the participants can testify as to its occurrence. However, if the accused raises a sufficient doubt as to any material element of the crime, and the prosecution is unable to overcome it with its evidence, the prosecution has failed to discharge its burden of proving the guilt of the accused beyond cavil of doubt and hence, the accused is entitled to an acquittal.”
“…being of tender age, it is possible that the penetration of the male organ went only as deep as her labia. Whether or not the hymen of private complainant was still intact has no substantial bearing on accused-appellant's commission of the crime. Even, the slightest penetration of the labia by the male organ or the mere entry of the penis into the aperture constitutes consummated rape. It is sufficient that there be entrance of the male organ within the labia of the pudendum.25 In People vs. Baculi, cited in People vs. Gabayron,26 we held that there could be a finding of rape even if despite repeated intercourse over a period of four years, the complainant still retained an intact hymen without injury. In these cases, the private complainant testified that the penis of accused-appellant gained entry into her vagina”
In the foregoing statements, it is clear that rape constitutes carnal knowledge – of penile insertion in the woman’s vagina, anus or mouth (as clear in the Art 266-A, 2 of the above stipulated law). Hence, attempted rape constitutes an effort on the part of the accused to have carnal knowledge of the victim.
XXX
On the complaint with respect to battery, the laws on physical injuries apply (Revised Penal Code, Art. 263, 265, 266). Here, the court must scrutinize the case’s gravity. The law differentiates between the following:
* Serious physical injuries (Art. 263), which applies to persons who “shall wound, beat or assault another”; penalty varies as to the circumstances described in the article.
* Less serious physical injuries (Art. 265), which applies to persons who “shall inflict upon another physical injuries not described in the preceding articles (262 -264), but which shall incapacitate the offended party for labor for ten days or more, or shall require medical attendance for the same period”. Penalty here is arresto mayor.
* Slight physical injuries and maltreatment (Art. 266) when the offender has inflicted physical injuries
+ which shall incapacitate the offended party for labor from one to nine days, or shall require medical attendance during the same period – penalty is arresto menor.
+ Which do not prevent the offended party from engaging in his habitual work nor require medical attendance – penalty is arresto menor or a fine not exceeding 200 pesos.
+ Ill-treatment by deed without causing injury – penalty is arresto menor in its minimum period or a fine not exceeding 50 pesos.
XXX
Arguments and evidences:
Overview:
As in most sexual harassment cases, this is another one of those “he said, she said” cases. Sexual Harassment cases almost always have no evidence apart from the testimonies of the complainant and the accused. Indeed, as Drobac (2005) explained why sexual harassment litigation seems more like a trial of the complainant – his/her innermost behavior, even the most intimate medical, psychiatric, psychological details – than of the alleged harasser behavior. It is with this in mind that she manifested in the same book that it is a consensus that the law “leaves too much out” in sexual harassment. More often than not, the ….
Evidence of the prosecution
On the charge of sexual harassment, the prosecution maintains that accused was alone with the plaintiff, told her a sexually explicit story, motioned to hug her, and guaranteed her a grade of “A” if she would meet with him in his office.
There were no witnesses to these allegations. However, the plaintiff shows her journal where she usually jots down things so that she will be able to remember them.
On the charge of attempted rape, the plaintiff said on one occasion, the accused “restrained her” from leaving his office. She said “Let me go”, as the professor’s “body was pressed into her”. With this, she claims she has witnesses – the people outside the office of John who stared as she cried for help and eventually left his office.
On the charge of battery, or physical injuries, she claims that the defendant restrained her with force, and forced her to stay in his office. In an instant when he tried to rape her, she forcefully pressed his body on her body, and she was hurt in the process.
Evidence of the defense
While it is true that the plaintiff was alone with the accused on that day, it was due to a discussion of her performance in class. The professor was worried that although Carol Is a bright girl, she was not performing very well in class, and tried to find ways to help her in her academic performance. In fact, he was in a hurry that day because his wife wanted him to meet her. It was an “unscheduled meeting”.
In his effort to “level with” Carol, the accused told her that she is not “stupid”, and that he also thought then that he was “stupid”. In this exchange of stories and “lessons”, he told the story that Carol classified as “sexually explicit”. “When I was young, I was told that rich people copulate less often than the poor”. He said that he told this story because he wanted to make her feel at ease with the professor, and the subject matter he was teaching, and to avoid thinking that she was stupid. If the professor felt the same when he was young, then it is quite normal for her to feel the same way.
The accused also maintained that the writings on the journal of Carol were all taken out of context. “I want to be personal with you” may connote sexual harassment, but it was taken out of context. The reason he said that is because he felt that the student was not learning in his class, and that she was aloof. She was only there at one side of the room, dreaming away. “Personal” here meant that he wanted to personalize his instruction to her. He wanted to be learner centered in approach.
The guarantee of an A, meant that if she would only make up for her lessons – by meeting with him in his office to discuss the same – she is guaranteed an A. This is in the sense that every student deserves an A, a mastery level, if she demonstrates mastery. Now, promising A to her was a sort of encouragement for her to attain that level, as her aptitude demanded. She was a bright student. Her receiving of a grade less than an A meant that he as a teacher was the guilty party. He thought Carol would be motivated through the “A” grade because she seemed so concerned with her grade, because she said “What’s my grade?” Also, he said this to somehow make up for his innocent words (“What can this mean?”) that were adjudged as insulting by Carol.
On the charge of attempted rape, he said that he had no sexual desires on Carol. He made this clear when she said “Let me go” and seemed afraid of him. He said, “I have no desire to hold you…I just want to talk to you.” The instances presented by the plaintiff when she said he “moved in to embrace” her and “forcefully restrained” her from leaving the office were actions that are devoid of malicious content. He was simply acting as an authoritative teacher. He told her to “sit down” many times, because she seemed to be confused. He wanted to make sure she understood what he meant. But this seemed impossible to accomplish since she would always interrupt him. When all else failed, and she was showing signs of confusion and bewilderment, he held her but not to embrace her. His motives were just to physically restrain her, especially since she seemed adamant with her misguided thoughts. He wanted to calm her down.
From the foregoing, his defense on physical injuries and battery follows. He did not willfully cause harm to her. Whatever pains she may be reporting to the court, are the results of his trying to calm her down, as was said above.
Besides, she still came back to his office two times after the said sexual harassment incident. After she charged the professor with attempted rape, she again came back. This last time, she came back to ask for him to sign support papers for the ouster of some books. This list of books includes one book written by him.
XXX
Application
On the charge of sexual harassment, it must be said that sexual harassment in educational setting is committed when sexual favor is asked in return for passing, etc as discussed in RA 7877, Sec 3, b, par 3-4:
Sexual harassment is done in an education or training environment:
(3) When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or considerations; or
(4) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice.
In order to convict the accused, it must be shown that the actions he exhibited towards the plaintiff have sexual overtones. And this must be beyond reasonable doubt. We cannot believe that the words were said with malicious intent. The denial of the accused was vehement, being substantiated by clear and convincing evidence. Indeed, they were mere speculation on the part of the plaintiff, translating the words of the accused out of context, in order to mean other than they were intended.
Her accusations were vague and unconvincing.
Also in MTJ-98-1162 (Ana May Simbajon vs. Judge Rogelio Esteban), the SC considered the importance of showing that the woman is capable of spinning a lie, on the part of the defense. The coming of the plaintiff to the office of the accused in order to seek for “support on the banning of some books” clouds the personality of the plaintiff. Indeed, it is clear that she is not a victim but a blackmailer.
Now, according to CSC Resolution No.98089, as applied in Civil Service Commission res#000563 (Anna Leah J. Morales vs, Melquiades D. Ordena), in cases of sexual harassment, “weight is given to the reaction of the victim than to the intent of the harasser”. The intention of the harasser, it continues, is irrelevant and the determinative factor is the effect of the act or request on the complainant.
That the plaintiff did not suffer humiliation, ill-feelings or embarrassment and did not experience a hostile, intimidating or offensive environment is clear from the fact that, after accusing the professor of sexual harassment at the Tenure Committee, she still came back to the office of the professor twice. If she was really maligned and suffered the indignation that she was saying – a requisite of sexual harassment – she wouldn’t have come back to the place of the professor, considering that at her coming back, she was again all alone by herself.
When the credibility of a witness is sought to be impeached by proof of his reputation, it is necessary that the reputation shown should be that which existed before the occurrence of the circumstances out of which the litigation arose, or at the time of the trial and prior thereto, but not at a period remote from the commencement of the suit. This is because a person of derogatory character or reputation can still change or reform himself. (G.R. No. 132164 October 19, 2004 CIVIL SERVICE COMMISSION vs. ALLYSON BELAGAN)
In its Resolution No. 972423 dated April 11, 1997, the CSC denied respondent’s motion for reconsideration, holding that:
"The character of a woman who was the subject of a sexual assault is of minor significance in the determination of the guilt or innocence of the person accused of having committed the offense. This is so because even a prostitute or a woman of ill repute may become a victim of said offense.
As such, the fact that complainant Magdalena Gapuz is shown to have had cases before the regular courts for various offenses and was condemned by her community for wrongful behavior does not discount the possibility that she was in fact telling the truth when she cried about the lecherous advances made to her by the respondent. x x x"
Credibility means the disposition and intention to tell the truth in the testimony given. It refers to a person’s integrity, and to the fact that he is worthy of belief.19 A witness may be discredited by evidence attacking his general reputation for truth,20 honesty21 or integrity.22 Section 11, Rule 132 of the same Revised Rules on Evidence reads:
"SEC. 11. Impeachment of adverse party’s witness. –A witness may be impeached by the party against whom he was called, by contradictory evidence, by evidence that his general reputation for truth, honesty, or integrity is bad, or by evidence that he has made at other times statements inconsistent with his present testimony, but not by evidence of particular wrongful acts, except that it may be shown by the examination of the witness, or the record of the judgment, that he has been convicted of an offense."
In the case at bar, the character of Carol is in question. After the alleged incident of harassment (or sexual impropriety), she still came back to John’s office, the last time, in order to ask for his support – through signing - on the banning of certain books that includes his own. It is the opinion of (this court) that there is “ample evidence to show” that Carol had a motive in accusing respondent, i.e., to pressure him to ban the books presented to him.
In GR 118860 (July 17, 1997 ROLINDA B. PONO vs. NATIONAL LABOR RELATIONS COMMISSION, RAFAELITO I. CASTILLO, and SANDOZ PHILS., INC.) the Court dismissed the case of sexual harassment for lack of merit. Apparently, she was merely covering up her serious misconduct charge, an offense that merits dismissal under the Art. 282 of the Labor Code. The Court however was “not convinced that he has the quantum of evidence at hand to support the averments.” It is convinced that “Pono decided to fabricate her attempted rape story”, and this because she is “aware that she could no longer offer a reasonable justification of her continued inefficiency”.
Now, based on the CSC guidelines, stipulated above, the case at bar might only qualify for less grave offense?
XXX
Now, on the charge of rape, we cannot agree with the plaintiff that there was even a quantum of evidence that will support her averments. The charge of rape is too grave to inflict to a person who did not show clear manifestation of intention to have carnal knowledge with the plaintiff. As was said above, the charge of rape must be accompanied with clear manifestation of a series of actions that leads to carnal knowledge, or in the case of attempted rape, the attempt of the same. The accused was fully dressed on the occasion, as witnessed by the people outside the office when the plaintiff ran outside and cried for help.
For acts of lasciviousness (Art. 336, Revised Penal Code), the following is found under Section 32, Article XIII, of the Implementing Rules and Regulations of RA 7610 or the Child Abuse Law, defining lascivious conduct, as follows:
"[T]he intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks, or the introduction of any object into the genitalia, anus or mouth, of any person, whether of the same or opposite sex, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person, bestiality, masturbation, lascivious exhibition of the genitals or pubic area of a person."
The plaintiff cannot prove without an iota of doubt that said accused has sexual motives for touching her that day. And this accusation is again made vague by her coming back to his office, alone by herself, as described in the testimony of the defense.
The inability of the plaintiff to establish sexual intent on the part of the accused renders the charges to be ineffectual even to merit a case of seduction, as provided for in Art. 337ff (Title XI, Crimes Against Chastity, Chapter 3 Seduction, Corruption of Minors and White Slave Trade).
XXX
On the charges of physical injuries, the plaintiff alleged that pain was inflicted upon her by the defendant. Now, this physical injury that she was saying did not incapacitate her in anyway. Nor did the same prevent her the offended party, from engaging in her habitual work. Nor did she require any medical attention regarding the same. In light of the foregoing, her case qualifies only for slight physical injuries, under Art. 266 of the Revised Penal Code, as quoted above. Particular to this case at bar is its paragraph 2.
Now, let us consider that the penalty of the same is merely arresto menor (1 – 30 days) or a penalty of not exceeding two hundred pesos. Further, the accused is found to be performing an act that is not unlawful – trying to persuade the plaintiff to stay and sit down in order for her to be clear in things already aforementioned. Now, this action was performed not wanting of due care. Hence, the ingredients of circumstances which exempt from criminal liability are found (Art. 12, Revised Penal Code):
Art. 12. Circumstances which exempt from criminal liability. — the following are exempt from criminal liability:
…
4. Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it.
…
An accident is an occurrence that "happens outside the sway of our will, and although it comes about through some act of our will, lies beyond the bounds of humanly foreseeable consequences." It connotes the absence of criminal intent. Intent is a mental state, the existence of which is shown by a person's overt acts. In the case at bar, appellant got his shotgun and returned to the kitchen to shoot his son, who had intervened in the quarrel between the former and Conchita. It must also be pointed out that the firearm was a shotgun that would not have fired off without first being cocked. Undoubtedly, appellant cocked the shotgun before discharging it, showing a clear intent to fire it at someone. (G.R. No. 140794 October 16, 2001PEOPLE OF THE PHILIPPINES vs. RICARDO AGLIDAY Y TOLENTINO)
Now, applying the same to the case at bar, we find no intention on the part of the professor to inflict harm to Carol. He was not angry (this does not include the last scene) nor provoked to anger. As was said above, his intention to pacify Carol – a lawful act – accidentally resulted in the physical injury inflicted on her.
WHEREFORE, in view of all the foregoing, the decision of this honorable Court of Sta. Rosa City, Branch 222, in Criminal Case No. _______,
1. On the charge of Sexual Harassment in violation of the RA 7877, we find the accused NOT GUILTY;
2. On the charge of (Attempted) Rape in violation of RA 3815 Art. 266A, we find the accused NOT GUILTY;
3. On the charge of Physical Injuries, in violation of RA 3815 Art. 263-266, we find the accused NOT GUILTY.
Should the case be a Civil Service Commission case, and not a criminal case, I will add the following judgment (especially if he is a public school teacher, hence, a government employee):
HOWEVER, we find the accused guilty of Simple Misconduct, in his utterance of words that may be misinterpreted as sexual advances. This, he failed to explain and is a show of his indiscretion. Aggravating to this is the fact that he is the teacher of the plaintiff, and he should be the one to have cleared the meaning of the same to her, being the person with greater wisdom and authority.
Although there might have been other cases that can be filed against the accused, which should have been more convincing, it is not the scope of this analysis. After all, in GR 122764 - September 24, 1998 PEOPLE OF THE PHILIPPINES vs. ERNESTO PEREZ, the Supreme Court said that “since the People dictate what he should be charged with, fairness demands that he should not be convicted of a crime with which he is not charged or which is not necessarily included therein.”
Second case. Carol, a tertiary level student, files a complaint against John, a professor, for sexual harassment, attempted rape and battery (this time considering the last scene)
Analysis of the additional evidences.
Most of the evidences will be the same, except for the inclusion of the incident where John repeatedly slapped Carol, and almost hit her with a chair. On the part of the prosecution, this will be added as evidences substantiating the charge of battery,
On the part of the defense, the defense will again point out that there was no rape, because Carol even came back a second time. Then also, the defense will even use the hitting incident as a proof that John had no sexual desire for Carol.
The comment of Carol “You should not call your wife baby” is a clear manifestation of her insistence on political correctness. It might be drawn from direct examination that Carol was insistent on political correctness – the comment above being a clear evidence of the same. Insistence on political correctness may substantiate the claim of the defense that indeed, Carol was merely making the words of the accused to mean something other than they were originally intended by him. Experts in the education set-up have attacked this. Scatambulo (1998) and Schultz (1993) attacked the over-insistence on political correctness, which promotes overreservedness, thus, making even the academe overly rigid and without freedom.
Issues:
1. Will there be changes in the exoneration of the accused on charges of sexual harassment in the light of the additional evidences?
2. Will there be changes in the exoneration of the accused on charges of attempted rape in the light of the additional evidences?
3. Will there be changes in the exoneration of the accused on the charges of physical injuries in the light of the additional evidences?
For sexual harassment and attempted rape, the defense will be benefited of the additional evidences. Firstly, as was already mentioned, the plaintiff’s repeated trips to the office of the accused, all by herself, despite the charges of sexual advances and attempted rape, raises the doubts of the veracity of her claims for damages. She wouldn’t have repeatedly risked being alone with the man who sexually molested her.
Now, the prosecution might also use the beating incident as evidence to what kind of character the professor has. That he, while in closed doors, is capable of doing actions that are unbecoming of a person of dignity. It might even be showed that such actions are the result of her filing a rape case, and that the professor was angry because he found out of the charge. The defense on the other hand will excuse itself by telling the court of the circumstances surrounding the beating, and what the professor was feeling at that time. That he was provoked repeatedly by the plaintiff with her insistence of political correctness – the very reason why he has lost his job, tenure and his house. When his wife called him, for him, it was a manifestation of the only good thing he has left. Now, when Carol intruded again with her political correctness issue of not calling his wife baby, he flared up. This might save him from character assassination – that he is not a mad man, or a usual perpetrator of crime; that he was merely provoked to anger by the circumstances surrounding him that day, and the provocation of the plaintiff.
On the charge of physical injuries, the plaintiff will bank on the prima facie evidence – the professor repeatedly hit her, and even attempted to hit her with a chair. Considering the provisions of the Penal Code on physical injuries, and the damages on the plaintiff, the charge will not go graver than slight physical injuries. The next article (265) on Less Serious Physical Injuries requires that the physical injuries … “shall incapacitate the offended party for labor for ten days or more, or shall require medical attendance for the same period”. In the event of the same, the plaintiff may charge the accused with Less Serious Physical Injuries, under Art 265 of the Revised Penal Code in order to seek a graver penalty of Arresto Mayor, for the latter.
Now, there is no unlawful aggression to justify the action of the professor. "For unlawful aggression to be appreciated, there must be an actual, sudden, unexpected attack or imminent danger thereof, and not merely a threatening or intimidating attitude (People v. Rey, 172 SCRA 149 (1989)) and the accused must present proof of positively strong act of real aggression." (People v. Literado, 209 SCRA 319 (1992)). (in G.R. No. 109814 July 8, 1997 PEOPLE OF THE PHILIPPINES vs. FERNANDO MAALAT y FAJARDO)
Now, should the plaintiff produces the necessary requirements – medical records to substantiate a claim for a stiffer penalty – the accused will be guilty of Less Serious Physical Injuries. The accused, further, cannot find justifying or mitigating circumstances for his actions. Wherefore, considering the light of the above arguments and scrutiny of the same, this will make him GUILTY of less physical injuries, and may suffer the penalty of ARRESTO MAYOR, in its minimum term (1-2 months).
However, should the plaintiff fail to produce medical evidences of her incapacity of the required term, the accused will be charged of the same violation of the Article 266, Slight Physical Injuries. Again, the accused will be unable to find justifying or mitigating circumstances for his actions. Wherefore, considering the above arguments and scrutiny of the evidences, the accused will be GUILTY of slight physical injuries, and may suffer the penalty of ARRESTO MENOR (1-30days) or a fine of 200 pesos, and censure if the aggrieved party was not incapacitated by the action.
Wherefore, the fact that he was a first-time offender, the accused can avoid the punitive requirement of the penalty, by applying for probation under the Probation Law:
“Under Section 9 of the Probation Law, the offenders disqualified from availing of the benefits of the Probation Law are the following:
(a) those sentenced to serve a maximum term of imprisonment of more than six years;
(b) those convicted of any offense against the security of the State;
(c) those who have previously been convicted by final judgment of an offense punished by imprisonment of not less than one month and one day and/or a fine of not less than two hundred pesos;
(b) those who have been once on probation under the provisions of the decree; and
(e) those who were already serving sentence at the time the substantive provisions of the decree became applicable, pursuant to Section 33.
“It is undisputed that petitioner is not a disqualified offender under the above section. That the offended party was the president of the association of barangay captains and that he was 60 years old at the time of the incident hardly justify the inference that the grant of probation would depreciate the seriousness of the offense committed. Indeed, such conclusion contradicts the very finding of the trial court that the offense committed by the accused was not attended by any aggravating circumstance. The petitioner is a first-time offender. According to the trial court, the petitioner, a school teacher, was drunk at the time of the incident. Such state of intoxication undoubtedly affected his mental faculties and diminished his capacity to understand the consequences of his act. It is significant that the trial court found no evidence to prove that such drunkenness on the part of the accused was habitual or intentional. Upon this premise, a deviation from the policy of liberality in the application of the Probation Law is not justified in the instant case. As this Court said in Santos v. Paño. 3
The purpose of probation, what the law gives more importance to is the offender, not the crime. The inquiry is more on whether probation wig help the offender along the fines for which the probation system has been established, such as giving the first-time offender a second chance to maintain his place in society through a process of reformation, which is better achieved, at least as to one who has not committed a very serious offense, when he is not mixed with hardened criminals in an atmosphere not conducive to soul-searching as within prison wails. The consciousness of the State's benignity in giving him that second chance to continue in peaceful and cordial association with his fellowmen will advance, rather than retard, the process of reformation in him. “
(G.R. No. L-60892 December 12, 1985 MANUEL ATIENZA vs. CA)
In this case at bar, the more the professor has eligibility for probation (Under PD 968, as amended by PD 1990), since his charge is a slight felony that is punished by a light penalty (arresto menor).
References:
* Drobac, Jennifer Ann. (2005). Sexual Harassment Law: History, Cases and Theory Carolina Academic Press: Durham, North Carolina.
* MacKinnon, Catharine A. and Reva B. Siegel, eds.,. Directions in Sexual Harassment Law. New Haven, Yale University Press, 2003.
* MacKinnon, Catharine A. Sexual Harassment of Working Women: A Case of Sex Discrimination. New Haven, Yale University Press, 1979.
* Pellicciotti, Joseph M. Title VII Iiability for sexual harassment in the workplace. Alexandria, Va. International Personnel Management Association, 1988.
* Scatamburlo, Valerie L. 1998. Soldiers of Misfortune: The New Right's Culture War and the Politics of Political Correctness. Counterpoints series, Vol. 25. New York: Peter Lang.
* Schultz, Debra L. (1993). To Reclaim a Legacy of Diversity: Analyzing the "Political Correctness" Debates in Higher Education. New York: National Council for Research on Women.
* University of the Philippines, http://up.edu.ph “Policy on Sexual Harassment”
* Watson, Helen. "Red herrings and mystifications: Conflicting perceptions of sexual harassment," in Brant, Clare, and Too, Yun Lee, eds., Rethinking Sexual Harassment. Boulder, Colorado, Pluto Press, 1994.
* Wikipedia, free online encyclopedia: http://en.wikipedia.org/wiki/Sexual_harassment
*
APPENDICES
I. The Song Oleanna (1957) from which David Mamet derived the play’s title.
OLEANNA
(Translation from the Norwegian by Pete Seeger)
Ole, oleanna, ole, oleanna
ole, ole, ole, ole, ole, oleanna
Oh to be in Oleanna,
that's where I'd like to be
Than to be in Norway
and bear the chains of slavery
Little roasted piggies
rush around the city streets
Inquiring so politely
if a slice of ham you'd like to eat
Beer as sweet as muncheners
springs from the ground and flows away
The cows all like to milk themselves
And the hens lay eggs ten times a day
The women there do all the work
As round the fields they quickly go
Each one has a hickory stick
And beats herself if she works too slow
In Oleanna land is free
The wheat and corn just plant themselves
Then grow a good four feet a day
While on your bed you rest yourself
II. RA 7877. Sexual Harassment Law.
Republic of the Philippines
Congress of the Philippines
Metro, Manila
Third Regular Session
Begun and held in Metro, Manila, on Monday, the twenty- fifth day of July, nineteen hundred and ninety–four.
____
REPUBLIC ACT NO. 7877
AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT, EDUACATION OR TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Title. – This Act shall be known as the "Anti-Sexual Harassment Act of 1995."
Sec. 2. Declaration of Policy. – The State shall value the dignity of every individual, enhance the development of it human resources, guarantee full respect for human rights, and uphold the dignity of workers, employees, applicants for employment, students or those undergoing training, instruction or education. Towards this end, all forms of sexual harassment in the employment, education or training environment are hereby declared unlawful.
Sec. 3. Work, Education or Training-related Sexual Harassment Defined. – Work, education or training-related sexual harassment is committed by an employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said Act.
(a) In a work-related or employment environment, sexual harassment is committed when:
(1) The sexual favor is made as a condition in the hiring or in the employment, re-employment or continued employment of said individual, or in granting said individual favorable compensation, terms, conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in a way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee;
(2) The above acts would impair the employee’s rights or privileges under existing labor laws; or
(3) The above acts would result in an intimidating, hostile, or offensive environment for the employee.
(b) In an education or training environment, sexual harassment is committed:
(1) Against one who is under the care, custody or supervision of the offender;
(2) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender;
(3) When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or considerations; or
(4) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice.
Any person who directs or induces another to commit any act of sexual harassment as herein defined, or who cooperates in the commission thereof by another without which it would not have been committed, shall also be held liable under this Act.
Sec.4. Duty of the Employer or Head of Office in a Work-related, Education or Training Environment. – It shall be the duty of the employer or the head of the work-related, educational or training environment or institution, to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment. Towards this end, the employer or head of office shall:
(a) Promulgate appropriate rules and regulations in consultation with the jointly approved by the employees or students or trainees, through their duly designated representatives, prescribing the procedure for the investigation or sexual harassment cases and the administrative sanctions therefor.
Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of sexual harassment.
The said rules and regulations issued pursuant to this section (a) shall include, among others, guidelines on proper decorum in the workplace and educational or training institutions.
(c) Create a committee on decorum and investigation of cases on sexual harassment. The committee shall conduct meetings, as the case may be, with other officers and employees, teachers, instructors, professors, coaches, trainors and students or trainees to increase understanding and prevent incidents of sexual harassment. It shall also conduct the investigation of the alleged cases constituting sexual harassment.
In the case of a work-related environment, the committee shall be composed of at least one (1) representative each from the management, the union, if any, the employees from the supervisory rank, and from the rank and file employees.
In the case of the educational or training institution, the committee shall be composed of at least one (1) representative from the administration, the trainors, teachers, instructors, professors or coaches and students or trainees, as the case maybe.
"The employer or head of office, educational or training institution shall disseminate or post a copy of this Act for the information of all concerned.
Sec. 5. Liability of the Employer, Head of Office, Educational or Training Institution. – The employer or head of office, educational training institution shall be solidarily liable for damage arising from the acts of sexual harassment committed in the employment, education or training environment if the employer or head of office, educational or training institution is informed of such acts by the offended party and no immediate action is taken thereon.
Sec. 6. Independent Action for Damages. – Nothing in this Act shall preclude the victim of work, education or training-related sexual harassment from instituting a separate and independent action for damages and other affirmative relief.
Sec. 7. Penalties. – Any person who violates the provisions of this Act shall, upon conviction, be penalized by imprisonment of not less than one (1) month nor more than six (6) months, or a fine of not less than Ten thousand pesos (P10,000) nor more than Twenty thousand pesos (P20,000), or both such fine and imprisonment at the discretion of the court.
Any action arising from the violation of the provision of this Act shall prescribe in three (3) years.
Sec. 8. Separability Clause – If any portion or provision of this Act is declared void and unconstitutional, the remaining portions or provisions hereof shall not be affected by such declaration.
Sec.9. Repealing Clause. – All laws, decrees, orders, rules and regulations, other issuances, or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
Sec.10. Effectivity Clause. – This Act shall take effect fifteen (15) days after its complete publication in at least two (2) national newspaper of general circulation.
Approved,
EDGARDO J. ANGARA
JOSE DE VENECIA, JR.
President of Senate
Speaker of the House
of Representatives
` This Act which is a consolidation of House Bill NO. 9425 and Senate Bill 1632 was finally passed by the House of Representatives and the Senate on February 8, 1995.
EDGARDO E. TUMANGAN
CAMILO L. SABIO
Secretary of the Senate
Secretary General
House of Representatives
Approved : Feb 14, 1995
FIDEL V. RAMOS
President of the Philippines
Appendix III.
OLEANNA, full script
http://staff.bcc.edu/jalexand/Mamet--Oleanna.htm#TWO
a play by
DAVID MAMET
© 1992
Act One
Act Two
Act Three
ONE
JOHN is talking on the phone. CAROL is seated across the desk from him.
JOHN (on phone): And what about the land. (Pause) The land. And what about the land? (Pause) What about it? (Pause) No. I don’t understand. Well, yes, I’m I’m … no, I’m sure it’s signif … I’m sure it’s significant. (Pause) Because it’s significant to mmmmmm … did you call Jerry? (Pause) Because … no, no, no, no, no. What did they say…? Did you speak to the real estate … where is she…? Well, well, all right. Where are her notes? Where are the notes we took with her. (Pause) I thought you were? No. No, I’m sorry, I didn’t mean that, I just thought that I saw you, when we were there … what…? I thought I saw you with a pencil. WHY NOW? Is what I’m say … well, that’s why I say “call Jerry.” Well, I can’t right now, be … no, I didn’t schedule any … Grace: I didn’t … I’m well aware … Look: Look. Did you call Jerry? Will you call Jerry…? Because I can’t now. I’ll be there, I’m sure I’ll be there in fifteen, in twenty. I intend to. No, we aren’t going to lose the, we aren’t going to lose the house. Look: look, I’m not minimizing it. The “easement.” Did she say “easement”? (Pause) What did she say; is it a “term of art,” are we bound by it … I’m sorry … (Pause) are: we: yes. Bound by … Look: (He checks his watch.) before the other side goes home, all right? “a term of art.” Because: that’s right (Pause) The yard for the boy. Well, that’s the whole … Look: I’m going to meet you there … (He checks his watch.) Is the realtor there? All right, tell her to show you the basement again. Look at the this because … Bec … I’m leaving in, I’m leaving in ten or fifteen … Yes. No, no, I’ll meet you at the new … That’s a good. If he thinks it’s necc … you tell Jerry to meet … All right? We aren’t going to lose the deposit. All right? I’m sure it’s going to be … (Pause) I hope so. (Pause) I love you, too. (Pause) I love you, too. As soon as … I will.
(He hangs up.) (He bends over the desk and makes a note.) (He looks up.) (To CAROL:) I’m sorry…
CAROL: (Pause) What is a “term of art”?
JOHN: (Pause) I’m sorry…?
CAROL: (Pause) What is a “term of art”?
JOHN: Is that what you want to talk about?
CAROL: …to talk about…?
JOHN: Let’s take the mysticism out of it, shall we? Carol? (Pause) Don’t you think? I’ll tell you: when you have some “thing.” Which must be broached. (Pause) Don’t you think…? (Pause)
CAROL: …don’t I think…?
JOHN: Mmm?
CAROL: …did I…?
JOHN: …what?
CAROL: Did … did I … did I say something wr…
JOHN: (Pause) No. I’m sorry. No. You’re right. I’m very sorry. I’m somewhat rushed. As you see. I’m sorry. You’re right. (Pause) What is a “term of art”? It seems to mean a term, which has come, through its use, to mean something more specific than the words would, to someone not acquainted with them … indicate. That, I believe, is what a “term of art,” would mean. (Pause)
CAROL: You don’t know what it means…?
JOHN: I’m not sure that I know what it means. It’s one of those things, perhaps you’ve had them, that, you look them up, or have someone explain them to you, and you say “aha,” and, you immediately forget what…
CAROL: You don’t do that.
JOHN: …I…?
CAROL: You don’t do…
JOHN: …I don’t, what…?
CAROL: …for…
JOHN: …I don’t for…
CAROL: …no…
JOHN: …forget things? Everybody does that.
CAROL: No, they don’t.
JOHN: They don’t…
CAROL: No.
JOHN: (Pause) No. Everybody does that.
CAROL: Why would they do that…?
JOHN: Because. I don’t know. Because it doesn’t interest them.
CAROL: No.
JOHN: I think so, though. (Pause) I’m sorry that I was distracted.
CAROL: You don’t have to say that to me.
JOHN: You paid me the compliment, or the “obeisance” – all right – of coming in here … All right. Carol. I find that I am at a standstill. I find that I…
CAROL: …what…
JOHN: …one moment. In regard to your … to your…
CAROL: Oh, oh. You’re buying a new house!
JOHN: No, let’s get on with it.
CAROL: “get on”? (Pause)
JOHN: I know how … believe me. I know how … potentially humiliating these … I have no desire to … I have no desire other than to help you. But: (He picks up some papers on his desk.) I won’t even say “but.” I’ll say that as I go back over the…
CAROL: I’m just, I’m just trying to…
JOHN: …no, it will not do.
CAROL: …what? What will…?
JOHN: No. I see, I see what you, it… (He gestures to the papers.) but your work…
CAROL: I’m just: I sit in class I… (She holds up her notebook.) I take notes…
JOHN (simultaneously with “notes”): Yes, I understand. What I am trying to tell you is that some, some basic…
CAROL: …I…
JOHN: …one moment: some basic missed communi…
CAROL: I’m doing what I’m told. I bought your book, I read your…
JOHN: No, I’m sure you…
CAROL: No, no, no. I’m doing what I’m told. It’s difficult for me. It’s difficult…
JOHN: …but…
CAROL: I don’t … lots of the language…
JOHN: …please…
CAROL: The language, the “things” that you say…
JOHN: I’m sorry. No. I don’t think that that’s true.
CAROL: It is true. I…
JOHN: I think…
CAROL: It is true.
JOHN: …I…
CAROL: Why would I…?
JOHN: I’ll tell you why: you’re an incredibly bright girl.
CAROL: …I…
JOHN: You’re an incredibly … you have no problem with the … Who’s kidding who?
CAROL: …I…
JOHN: No. No. I’ll tell you why. I’ll tell … I think you’re angry, I…
CAROL: …why would I…
JOHN: …wait one moment. I…
CAROL: It is true. I have problems…
JOHN: …every…
CAROL: …I come from a different social…
JOHN: …ev….
CAROL: a different economic…
JOHN: …Look:
CAROL: No. I: when I came to this school:
JOHN: Yes. Quite… (Pause)
CAROL: …does that mean nothing…?
JOHN: …but look: look…
CAROL: …I…
JOHN: (Picks up paper.) Here: Please: Sit down. (Pause) Sit down. (Reads from her paper.) “I think that the ideas contained in this work express the author’s feelings in a way that he intended, based on his results.” What can that mean? Do you see? What…
CAROL: I, the best that I…
JOHN: I’m saying, that perhaps this course…
CAROL: No, no, no, you can’t, you can’t … I have to…
JOHN: …how…
CAROL: …I have to pass it…
JOHN: Carol, I:
CAROL: I have to pass this course, I…
JOHN: Well.
CAROL: …don’t you…
JOHN: Either the…
CAROL: …I…
JOHN: …either the, I … either the criteria for judging progress in the class are…
CAROL: No, no, no, no, I have to pass it.
JOHN: Now, look: I’m a human being, I…
CAROL: I did what you told me. I did, I did everything that, I read your book, you told me to buy your book and read it. Everything you say I… (She gestures to her notebook.) (The phone rings.) I do. …Ev…
JOHN: …look:
CAROL: …everything I’m told…
JOHN: Look. Look. I’m not your father. (Pause)
CAROL: What?
JOHN: I’m.
CAROL: Did I say you were my father?
JOHN: …no…
CAROL: Why did you say that…?
JOHN: I…
CAROL: …why…?
JOHN: …in class I… (He picks up the phone.) (Into phone:) Hello. I can’t talk now. Jerry? Yes? I underst … I can’t talk now. I know … I know … Jerry. I can’t talk now. Yes, I. Call me back in … Thank you. (He hangs up.) (To CAROL:) What do you want me to do? We are two people, all right? Both of whom have subscribed to…
CAROL: No, no…
JOHN: …certain arbitrary…
CAROL: No. You have to help me.
JOHN: Certain institutional … you tell me what you want me to do … You tell me what you want me to…
CAROL: How can I go back and tell them the grades that I…
JOHN: …what can I do…?
CAROL: Teach me. Teach me.
JOHN: …I’m trying to teach you.
CAROL: I read your book. I read it. I don’t under…
JOHN: …you don’t understand it.
CAROL: No.
JOHN: Well, perhaps it’s not well written…
CAROL (simultaneously with “written”): No. No. No. I want to understand it.
JOHN: What don’t you understand? (Pause)
CAROL: Any of it. What you’re trying to say. When you talk about…
JOHN: …yes…? (She consults her notes.)
CAROL: “Virtual warehousing of the young”…
JOHN: “Virtual warehousing of the young.” If we artificially prolong adolescence…
CAROL: …and about “The Curse of Modern Education.”
JOHN: …well…
CAROL: I don’t…
JOHN: Look. It’s just a course, it’s just a book, it’s just a…
CAROL: No. No. There are people out there. People who came here. To know something they didn’t know. Who came here. To be helped. To be helped. So someone would help them. To do something. To know something. To get, what do they say? “To get on in the world.” How can I do that if I don’t, if I fail? But I don’t understand. I don’t understand. I don’t understand what anything means … and I walk around. From morning ‘til night: with this one thought in my head. I’m stupid.
JOHN: No one thinks you’re stupid.
CAROL: No? What am I…?
JOHN: I…
CAROL: …what am I, then?
JOHN: I think you’re angry. Many people are. I have a telephone call that I have to make. And an appointment, which is rather pressing; though I sympathize with your concerns, and though I wish I had the time, this was not a previously scheduled meeting and I…
CAROL: …you think I’m nothing…
JOHN: …have an appointment with a realtor, and with my wife and…
CAROL: You think that I’m stupid.
JOHN: No. I certainly don’t.
CAROL: You said it.
JOHN: No. I did not.
CAROL: You did.
JOHN: When?
CAROL: …you…
JOHN: No. I never did, or never would say that to a student, and…
CAROL: You said, “What can that mean?” (Pause) “What can that mean” … (Pause)
JOHN: …and what did that mean to you…?
CAROL: That meant I’m stupid. And I’ll never learn. That’s what that meant. And you’re right.
JOHN …I…
CAROL: But then. But then, what am I doing here…?
JOHN: …if you thought that I…
CAROL: …when nobody wants me, and…
JOHN: …if you interpreted…
CAROL: Nobody tells me anything. And I sit there … in the corner. In the back. And everybody’s talking about “this” all the time. And “concepts,” and “precepts” and, and, and, and, and, WHAT IN THE WORLD ARE YOU TALKING ABOUT? And I read your book. And they said, “Fine, go in that class.” Because you talked about responsibility to the young. I DON’T KNOW WHAT IT MEANS AND I’M FAILING…
JOHN: May…
CAROL: No, you’re right. “Oh, hell.” I failed. Flunk me out of it. It’s garbage. Everything I do. “The ideas contained in this work express the author’s feelings.” That’s right. That’s right. I know I’m stupid. I know what I am. (Pause) I know what I am, Professor. You don’t have to tell me. (Pause) It’s pathetic. Isn’t it?
JOHN: …Aha… (Pause) Sit down. Sit down. Please. (Pause) Please sit down.
CAROL: Why?
JOHN: I want to talk to you.
CAROL: Why?
JOHN: Just sit down. (Pause) Please. Sit down. Will you, please…? (Pause. She does so.) Thank you.
CAROL: What?
JOHN: I want to tell you something.
CAROL: (Pause) What?
JOHN: Well, I know what you’re talking about.
CAROL: No. You don’t.
JOHN: I think I do. (Pause)
CAROL: How can you?
JOHN: I’ll tell you a story about myself. (Pause) Do you mind? (Pause) I was raised to think myself stupid. That’s what I want to tell you. (Pause)
CAROL: What do you mean?
JOHN: Just what I said. I was brought up, and my earliest, and most persistent memories are of being told that I was stupid. “You have such intelligence. Why must you behave so stupidly?” Or, “Can’t you understand? Can’t you understand?” And I could not understand. I could not understand.
CAROL: What?
JOHN: The simplest problem. Was beyond me. It was a mystery.
CAROL: What was a mystery?
JOHN: How people learn. How I could learn. Which is what I’ve been speaking of in class. And of course you can’t hear it. Carol. Of course you can’t. (Pause) I used to speak of “real people,” and wonder what the real people did. The real people. Who were they? They were the people other than myself. The good people. The capable people. The people who could do the things, I could not do: learn, study, retain … all that garbage – which is what I have been talking of in class, and that’s exactly what I have been talking of – If you are told … Listen to this. If the young child is told he cannot understand. Then he takes it as a description of himself. What am I? I am that which can not understand. And I saw you out there, when we were speaking of the concepts of…
CAROL: I can’t understand any of them.
JOHN: Well, then, that’s my fault. That’s not your fault. And that is not verbiage. That’s what I firmly hold to be the truth. And I am sorry, and I owe you an apology.
CAROL: Why?
JOHN: And I suppose that I have had some things on my mind. … We’re buying a house, and…
CAROL: People said that you were stupid…?
JOHN: Yes.
CAROL: When?
JOHN: I’ll tell you when. Through my life. In my childhood; and, perhaps, they stopped. But I heard them continue.
CAROL: And what did they say?
JOHN: They said I was incompetent. Do you see? And when I’m tested the, the, the feelings of my youth about the very subject of learning come up. And I … I become, I feel “unworthy,” and “unprepared.” …
CAROL: …yes.
JOHN: …eh?
CAROL: …yes.
JOHN: And I feel that I must fail. (Pause)
CAROL: …but then you do fail. (Pause) You have to. (Pause) Don’t you?
JOHN: A pilot. Flying a plane. The pilot is flying the plane. He thinks: Oh, my God, my mind’s been drifting! Oh, my God! What kind of a cursed imbecile am I, that I, with this so precious cargo of Life in my charge, would allow my attention to wander. Why was I born? How deluded are those who put their trust in me, … et cetera, so on, and he crashes the plane.
CAROL: (Pause) He could just…
JOHN: That’s right.
CAROL: He could say:
JOHN: My attention wandered for a moment…
CAROL: …uh huh…
JOHN: I had a thought I did not like … but now:
CAROL: …but now it’s…
JOHN: That’s what I’m telling you. It’s time to put my attention … see: it is not: this is what I learned. It is Not Magic. Yes. Yes. You. You are going to be frightened. When faced with what may or may not be but which you are going to perceive as a test. You will become frightened. And you will say: “I am incapable of…” and everything in you will think these two things. “I must. But I can’t.” And you will think: Why was I born to be the laughingstock of a world in which everyone is better than I? In which I am entitled to nothing. Where I can not learn.
(Pause)
CAROL: Is that… (Pause) Is that what I have…?
JOHN: Well. I don’t know if I’d put it that way. Listen: I’m talking to you as I’d talk to my son. Because that’s what I’d like him to have that I never had. I’m talking to you the way I wish that someone had talked to me. I don’t know how to do it, other than to be personal, …but…
CAROL: Why would you want to be personal with me?
JOHN: Well, you see? That’s what I’m saying. We can only interpret the behavior of others through the screen we… (The phone rings.) Through… (To phone:) Hello…? (To CAROL:) Through the screen we create. (To phone:) Hello. (To CAROL:) Excuse me a moment. (To phone:) Hello? No, I can’t talk nnn … I know I did. In a few … I’m … is he coming to the … yes. I talked to him. We’ll meet you at the No, because I’m with a student. It’s going to be fff… This is important, too. I’m with a student, Jerry’s going to… Listen: the sooner I get off, the sooner I’ll be down, all right. I love you. Listen, listen, I said “I love you,” it’s going to work out with the, because I feel that it is, I’ll be right down. All right? Well, then it’s going to take as long as it takes. (He hangs up.) (To CAROL:) I’m sorry.
CAROL: What was that?
JOHN: There are some problems, as there usually are, about the final agreements for the new house.
CAROL: You’re buying a new house.
JOHN: That’s right.
CAROL: Because of your promotion.
JOHN: Well, I suppose that that’s right.
CAROL: Why did you stay here with me?
JOHN: Stay here.
CAROL: Yes. When you should have gone.
JOHN: Because I like you.
CAROL: You like me.
JOHN: Yes.
CAROL: Why?
JOHN: Why? Well? Perhaps we’re similar. (Pause) Yes. (Pause)
CAROL: You said “everyone has problems.”
JOHN: Everyone has problems.
CAROL: Do they?
JOHN: Certainly.
CAROL: You do?
JOHN: Yes.
CAROL: What are they?
JOHN: Well. (Pause) Well, you’re perfectly right. (Pause) If we’re going to take off the Artificial Stricture, of “Teacher,” and “Student,” why should my own problems be any more a mystery than your own? Of course I have problems. As you saw.
CAROL: …with what?
JOHN: With my wife … with work…
CAROL: With work?
JOHN: Yes. And, and, perhaps my problems are, do you see? Similar to yours.
CAROL: Would you tell me?
JOHN: All right. (Pause) I came late to teaching. And I found it Artificial. The notion of “I know and you do not”; and I saw an exploitation in the education process. I told you. I hated school, I hated teachers. I hated everyone who was in the position of a “boss” because I knew – I didn’t think, mind you, I knew I was going to fail. Because I was a fuckup. I was just no goddamned good. When I … late in life … (Pause) When I got out from under … when I worked my way out of the need to fail. When I…
CAROL: How do you do that? (Pause)
JOHN: You have to look at what you are, and what you feel, and how you act. And, finally, you have to look at how you act. And say: If that’s what I did, that must be how I think of myself.
CAROL: I don’t understand.
JOHN: If I fail all the time, it must be that I think of myself as a failure. If I do not want to think of myself as a failure, perhaps I should begin by succeeding now and again. Look. The tests, you see, which you encounter, in school, in college, in life, were designed, in the most part, for idiots. By idiots. There is no need to fail at them. They are not a test of your worth. They are a test of your ability to retain and spout back misinformation. Of course you fail them. They’re nonsense. And I…
CAROL: …no…
JOHN: Yes. They’re garbage. They’re a joke. Look at me. Look at me. The Tenure Committee. The Tenure Committee. Come to judge me. The Bad Tenure Committee.
The “Test.” Do you see? They put me to the test. Why, they had people voting on me I wouldn’t employ to wax my car. And yet, I go before the Great Tenure Committee, and I have an urge, to vomit, to, to, to puke my badness on the table, to show them: “I’m not good. Why would you pick me?”
CAROL: They granted you tenure.
JOHN: Oh no, they announced it, but they haven’t signed. Do you see? “At any moment…”
CAROL: …mmm…
JOHN: “They might not sign” … I might not … the house might not go through … Eh? Eh? They’ll find out my “dark secret.” (Pause)
CAROL: …what is it…?
JOHN: There isn’t one. But they will find an index of my badness…
CAROL: Index?
JOHN: A “…pointer.” A “Pointer.” You see? Do you see? I understand you. I. Know. That. Feeling. Am I entitled to my job, and my nice home, and my wife, and my family, and so on. This is what I’m saying: That theory of education which, that theory:
CAROL: I… I… (Pause)
JOHN: What?
CAROL: I…
JOHN: What?
CAROL: I want to know about my grade. (Long pause)
JOHN: Of course you do.
CAROL: Is that bad?
JOHN: No.
CAROL: Is it bad that I asked you that?
JOHN: No.
CAROL: Did I upset you?
JOHN: No. And I apologize. Of course you want to know about your grade. And, of course, you can’t concentrate on anyth… (The telephone starts to ring.) Wait a moment.
CAROL: I should go.
JOHN: I’ll make you a deal.
CAROL: No, you have to…
JOHN: Let it ring. I’ll make you a deal. You stay here. We’ll start the whole course over. I’m going to say it was not you, it was I who was not paying attention. We’ll start the whole course over. Your grade is an “A.” Your final grade is an “A.” (The phone stops ringing.)
CAROL: But the class is only half over…
JOHN (simultaneously with “over”): Your grade for the whole term is an “A.” If you will come back and meet with me. A few more times. Your grade’s an “A.” Forget about the paper. You didn’t like it, you didn’t like writing it. It’s not important. What’s important is that I awake your interest, if I can, and that I answer your questions. Let’s start over. (Pause)
CAROL: Over. With what?
JOHN: Say this is the beginning.
CAROL: The beginning.
JOHN: Yes.
CAROL: Of what?
JOHN: Of the class.
CAROL: But we can’t start over.
JOHN: I say we can. (Pause) I say we can.
CAROL: But I don’t believe it.
JOHN: Yes, I know that. But it’s true. What is The Class but you and me? (Pause)
CAROL: There are rules.
JOHN: Well. We’ll break them.
CAROL: How can we?
JOHN: We won’t tell anybody.
CAROL: Is that all right?
JOHN: I say that it’s fine.
CAROL: Why would you do this for me?
JOHN: I like you. Is that so difficult for you to…
CAROL: Um…
JOHN: There’s no one here but you and me. (Pause)
CAROL: All right. I did not understand. When you referred…
JOHN: All right, yes?
CAROL: When you referred to hazing.
JOHN: Hazing.
CAROL: You wrote, in your book. About the comparative … in the comparative … (She checks her notes.)
JOHN: Are you checking your notes…?
CAROL: Yes.
JOHN: Tell me in your own…
CAROL: I want to make sure that I have it right.
JOHN: No. Of course. You want to be exact.
CAROL: I want to know everything that went on.
JOHN: …that’s good.
CAROL: …so I…
JOHN: That’s very good. But I was suggesting, many times, that that which we wish to retain is retained oftentimes, I think, better with less expenditure of effort.
CAROL: (Of notes) Here it is: you wrote of hazing.
JOHN: …that’s correct. Now: I said “hazing.” It means ritualized annoyance. We shove this book at you, we say read it. Now, you say you’ve read it? I think that you’re lying. I’ll grill you, and when I find you’ve lied, you’ll be disgraced, and your life will be ruined. It’s a sick game. Why do we do it? Does it educate? In no sense. Well, then, what is higher education? It is something-other-than-useful.
CAROL: What is “something-other-than-useful?”
JOHN: It has become a ritual, it has become an article of faith. That all must be subjected to, or to put it differently, that all are entitled to Higher Education. And my point…
CAROL: You disagree with that?
JOHN: Well, let’s address that. What do you think?
CAROL: I don’t know
JOHN: What do you think, though? (Pause)
CAROL: I don’t know.
JOHN: I spoke of it in class. Do you remember my example?
CAROL: Justice.
JOHN: Yes. Can you repeat it to me? (She looks down at her notebook.) Without your notes? I ask you as a favor to me, so that I can see if my idea was interesting.
CAROL: You said “justice”…
JOHN: Yes?
CAROL: …that all are entitled … (Pause) I … I … I …
JOHN: Yes. To a speedy trial. To a fair trial. But they needn’t be given a trial at all unless they stand accused. Eh? Justice is their right, should they choose to avail themselves of it, they should have a fair trial. It does not follow, of necessity, a person’s life is incomplete without a trial in it. Do you see?
My point is a confusion between equity and utility arose. So we confound the usefulness of higher education with our, granted, right to equal access to the same. We, in effect, create a prejudice toward it, completely independent of…
CAROL: …that it is prejudice that we should go to school?
JOHN: Exactly. (Pause)
CAROL: How can you say that? How…
JOHN: Good. Good. Good. That’s right! Speak up! What is a prejudice? An unreasoned belief. We are all subject to it. None of us is not. When it is threatened, or opposed, we feel anger, and feel, do we not? As you do now. Do you not? Good.
CAROL: …but how can you…
JOHN: …let us examine. Good.
CAROL: How…
JOHN: Good. Good. When…
CAROL: I’M SPEAKING… (Pause)
JOHN: I’m sorry.
CAROL: How can you…
JOHN: …I beg your pardon.
CAROL: That’s all right.
JOHN: I beg your pardon.
CAROL: That’s all right.
JOHN: I’m sorry I interrupted you.
CAROL: That’s all right.
JOHN: You were saying?
CAROL: I was saying … I was saying … (She checks her notes.) How can you say in a class. Say in a college class, that college education is prejudice?
JOHN: I said that our predilection for it…
CAROL: Predilection…
JOHN: …you know what that means.
CAROL: Does it mean “liking”?
JOHN: Yes.
CAROL: But how can you say that? That College…
JOHN: …that’s my job, don’t you know.
CAROL: What is?
JOHN: To provoke you.
CAROL: No.
JOHN: Oh. Yes, though.
CAROL: To provoke me?
JOHN: That’s right.
CAROL: To make me mad?
JOHN: That’s right. To force you…
CAROL: …to make me mad is your job?
JOHN: To force you to … listen: (Pause) Ah. (Pause) When I was young somebody told me, are you ready, the rich copulate less often than the poor. But when they do, they take more of their clothes off. Years. Years, mind you, I would compare experiences of my own to this dictum, saying, aha, that fits the norm, or ah, this is a variation from it. What did it mean? Nothing. It was some jerk thing, some school kid told me that took up room inside my head. (Pause)
Somebody told you, and you hold it as an article of faith, that higher education is an unassailable good. This notion is so dear to you that when I question it you become angry. Good. Good, I say. Are not those the very things which we should question? I say college education, since the war, has become so a matter of course, and such a fashionable necessity, for those either of or aspiring to to the new vast middle class, that we espouse it, as a matter of right, and have ceased to ask, “What is it good for?” (Pause)
What might be some reasons for pursuit of higher education?
One: A love of learning.
Two: The wish for mastery of a skill.
Three: For economic betterment.
(Stops. Makes a note.)
CAROL: I’m keeping you.
JOHN: One moment. I have to make a note…
CAROL: It’s something that I said?
JOHN: No, we’re buying a house.
CAROL: You’re buying the new house.
JOHN: To go with the tenure. That’s right. Nice house, close to the private school… (He continues making his note.) … We were talking of economic betterment (CAROL writes in her notebook.) … I was thinking of the School Tax. (He continues writing.) (To himself:) … where is it written that I have to send my child to public school. … Is it a law that I have to improve the City Schools at the expense of my own interest? And, is this not simply The White Man’s Burden? Good. And (Looks up to CAROL) … does this interest you?
CAROL: No. I’m taking notes…
JOHN: You don’t have to take notes, you know, you can just listen.
CAROL: I want to make sure I remember it. (Pause)
JOHN: I’m not lecturing you, I’m just trying to tell you some things I think.
CAROL: What do you think?
JOHN: Should all kids go to college? Why…
CAROL: (Pause) To learn.
JOHN: But if he does not learn.
CAROL: If the child does not learn?
JOHN: Then why is he in college? Because he was told it was his “right”?
CAROL: Some might find college instructive.
JOHN: I would hope so.
CAROL: But how do they feel? Being told they are wasting their time?
JOHN: I don’t think I’m telling them that.
CAROL: You said that education was “prolonged and systematic hazing.”
JOHN: Yes. It can be so.
CAROL: …if education is so bad, why do you do it?
JOHN: I do it because I love it. (Pause) Let’s … I suggest you look at the demographics, wage-earning capacity, college- and non-college-educated men and women, 1855 to 1980, and let’s see if we can wring some worth from the statistics. Eh? And…
CAROL: No.
JOHN: What?
CAROL: I can’t understand them.
JOHN: …you…?
CAROL: …the “charts.” The Concepts, the…
JOHN: “Charts” are simply…
CAROL: When I leave here…
JOHN: Charts, do you see…
CAROL: No, I can’t…
JOHN: You can, though.
CAROL: NO, NO – I DON’T UNDERSTAND. DO YOU SEE??? I DON’T UNDERSTAND…
JOHN: What?
CAROL: Any of it. Any of it. I’m smiling in class, I’m smiling, the whole time. What are you talking about? What is everyone talking about? I don’t understand. I don’t know what it means. I don’t know what it means to be here … you tell me I’m intelligent, and then you tell me I should not be here, what do you want with me? What does it mean? Who should I listen to … I …
(He goes over to her and puts his arm around her shoulder.)
NO! (She walks away from him.)
JOHN: Sshhhh.
CAROL: No, I don’t under…
JOHN: Sshhhhh.
CAROL: I don’t know what you’re saying…
JOHN: Sshhhhh. It’s all right.
CAROL: …I have no…
JOHN: Sshhhhh. Sshhhhh. Let it go a moment. (Pause) Sshhhh … let it go. (Pause) Just let it go. (Pause) Just let it go. It’s all right. (Pause) Sshhhhh. (Pause) I understand … (Pause) What do you feel?
CAROL: I feel bad.
JOHN: I know. It’s all right.
CAROL: I… (Pause)
JOHN: What?
CAROL: I…
JOHN: What? Tell me.
CAROL: I don’t understand you.
JOHN: I know. It’s all right.
CAROL: I…
JOHN: What? (Pause) What? Tell me.
CAROL: I can’t tell you.
JOHN: No, you must.
CAROL: I can’t.
JOHN: No. Tell me. (Pause)
CAROL: I’m bad. (Pause) Oh, God. (Pause)
JOHN: It’s all right.
CAROL: I’m…
JOHN: It’s all right.
CAROL: I can’t talk about this.
JOHN: It’s all right. Tell me.
CAROL: Why do you want to know this?
JOHN: I don’t want to know. I want to know whatever you…
CAROL: I always…
JOHN: …good…
CAROL: I always … all my life … I have never told anyone this…
JOHN: Yes. Go on. (Pause) Go on.
CAROL: All of my life… (The phone rings.) (Pause. JOHN goes to the phone and picks it up.)
JOHN (into phone): I can’t talk now. (Pause) What? (Pause) Hmm. (Pause) All right, I … I. Can’t. Talk. Now. No, no, no, I Know I did, but … What? Hello. What? She what? She can’t, she said the agreement is void? How, how is the agreement void? That’s Our House.
I have the paper; when we come down, next week, with the payment, and the paper, that house is … wait, wait, wait, wait, wait, wait, wait: Did Jerry … is Jerry there? (Pause) Is she there…? Does she have a lawyer…? How the hell, how the Hell. That is … it’s a question, you said, of the easement. I don’t underst … it’s not the whole agreement. It’s just the easement, why would she? Put, put, put, Jerry on. (Pause) Jer, Jerry: What the Hell … that’s my house. That’s … Well, I’m, no, no, no, I’m not coming ddd … List, Listen, screw her. You tell her. You, listen: I want you to take Grace, you take Grace, and get out of that house. You leave her there. Her and her lawyer, and you tell them, we’ll see them in court next … no. No. Leave her there, leave her to stew in it: You tell her, we’re getting that house, and we are going to … No. I’m not coming down. I’ll be damned if I’ll sit in the same rrr … the next, you tell her the next time I see her is in court … I … (Pause) What? (Pause) What? I don’t understand. (Pause) Well, what about the house? (Pause) There isn’t any problem with the hhh… (Pause) No, no, no, that’s all right. All ri … All right… (Pause) Of course. Tha … Thank you. No, I will. Right away. (He hangs up.) (Pause)
CAROL: What is it? (Pause)
JOHN: It’s a surprise party.
CAROL: It is.
JOHN: Yes.
CAROL: A party for you.
JOHN: Yes.
CAROL: Is it your birthday?
JOHN: No.
CAROL: What is it?
JOHN: The tenure announcement.
CAROL: The tenure announcement.
JOHN: They’re throwing a party for us in our new house.
CAROL: Your new house.
JOHN: The house that we’re buying.
CAROL: You have to go.
JOHN: It seems that I do.
CAROL: (Pause) They’re proud of you.
JOHN: Well, there are those who would say it’s a form of aggression.
CAROL: What is?
JOHN: A surprise.
TWO
JOHN and CAROL seated across the desk from each other.
JOHN: You see, (pause) I love to teach. And flatter myself I am skilled at it. And I love the, the aspect of performance. I think I must confess that.
When I found I loved to teach I swore that I would not become that cold, rigid automaton of an instructor which I had encountered as a child.
Now, I was not unconscious that it was given me to err upon the other side. And, so, I asked and ask myself if I engaged in heterodoxy, I will not say “gratuitously” for I do not care to posit orthodoxy as a given good – but, “to the detriment of, of my students.” (Pause)
As I said. When the possibility of tenure opened, and, of course, I’d long pursued it, I was, of course happy, and covetous of it.
I asked myself if I was wrong to covet it. And thought about it long, and, I hope, truthfully, and saw in myself several things in, I think, no particular order. (Pause)
That I would pursue it. That I desired it, that I was not pure of longing for security, and that that, perhaps, was not reprehensible in me. That I had duties beyond the school, and that my duty to my home, for instance, was, or should be, if it were not, of an equal weight. That tenure, and security, and yes, and comfort, were not, of themselves, to be scorned; and were even worthy of honorable pursuit. And that it was given me. Here, in this place, which I enjoy, and in which I find comfort, to assure myself of – as far as it rests in The Material – a continuation of that joy and comfort. In exchange for what? Teaching. Which I love.
What was the price of this security? To obtain tenure. Which tenure the committee is in the process of granting me. And on the basis of which I contracted to purchase a house. Now, as you don’t have your own family, at this point, you may not know what that means. But to me it is important. A home. A Good Home. To raise my family. Now: The Tenure Committee will meet. This is the process, and a good process. Under which the school has functioned for quite a long time. They will meet, and hear your complaint – which you have the right to make; and they will dismiss it. They will dismiss your complaint; and, in the intervening period, I will love my house. I will not be able to close on my house. I will lose my deposit, and the home I’d picked out for my wife and son will go by the boards. Now: I see I have angered you. I understand your anger at teachers. I was angry with mine. I felt hurt and humiliated by them. Which is one of the reasons that I went into education.
CAROL: What do you want of me?
JOHN: (Pause) I was hurt. When I received the report. Of the tenure committee. I was shocked. And I was hurt. No, I don’t mean to subject you to my weak sensibilities. All right. Finally, I didn’t understand. Then I thought: is it not always at those points at which we reckon ourselves unassailable that we are most vulnerable and … (Pause) Yes. All right. You find me pedantic. Yes. I am. By nature, by birth, by profession, I don’t know … I’m always looking for a paradigm for…
CAROL: I don’t know what a paradigm is.
JOHN: It’s a model.
CAROL: Then why can’t you use that word? (Pause)
JOHN: If it is important to you. Yes, all right. I was looking for a model. To continue: I feel that one point…
CAROL: I…
JOHN: One second … upon which I am unassailable is my unflinching concern for my students’ dignity. I asked you here to … in the spirit of investigation, to ask you … to ask … (Pause) What have I done to you? (Pause) And, and, I suppose, how I can make amends. Can we not settle this now? It’s pointless, really, and I want to know.
CAROL: What you can do to force me to retract?
JOHN: That is not what I meant at all.
CAROL: To bribe me, to convince me…
JOHN: …No.
CAROL: To retract…
JOHN: That is not what I meant at all. I think that you know it is not.
CAROL: That is not what I know. I wish I…
JOHN: I do not want to … you wish what?
CAROL: No, you said what amends can you make. To force me to retract.
JOHN: That is not what I said.
CAROL: I have my notes.
JOHN: Look. Look. The Stoics say…
CAROL: The Stoics?
JOHN: The Stoical Philosophers say if you remove the phrase “I have been injured,” you have removed the injury. Now: Think: I know that you’re upset. Just tell me. Literally. Literally: what wrong have I done you?
CAROL: Whatever you have done to me – to the extent that you’ve done it to me, do you know, rather than to me as a student, and, so, to the student body, is contained in my report. To the tenure committee.
JOHN: Well, all right. (Pause) Let’s see. (He reads.) I find that I am sexist. That I am elitist. I’m not sure I know what that means, other than it’s a derogatory word, meaning “bad.” That I … That I insist on wasting time, in nonprescribed, in self-aggrandizing and theatrical diversions from the prescribed text … that these have taken both sexist and pornographic forms … here we find listed… (Pause) Here we find listed … instances “…closeted with a student” … “Told a rambling, sexually explicit story, in which the frequency and attitudes of fornication of the poor and rich are, it would seem, the central point … moved to embrace said student and … all part of a pattern…” (Pause)
(He reads.) That I used the phrase “The White Man’s Burden” …that I told you how I’d asked you to my room because I quote like you. (Pause)
(He reads.) “He said he ‘liked’ me. That he ‘liked being with me.’ He’d let me write my examination paper over, if I could come back oftener to see him in his office.” (Pause) (To CAROL:) It’s ludicrous. Don’t you know that? It’s not necessary. It’s going to humiliate you, and it’s going to cost me my house, and…
CAROL: It’s “ludicrous…”?
(JOHN picks up the report and reads again.)
JOHN: “He told me he had problems with his wife; and that he wanted to take off the artificial stricture of Teacher and Student. He put his arm around me…”
CAROL: Do you deny it? Can you deny it…? Do you see? (Pause) Don’t you see? You don’t see, do you?
JOHN: I don’t see…
CAROL: You think, you think you can deny that these things happened; or, if they did, if they did, that they meant what you said they meant. Don’t you see? You drag me in here, you drag us, to listen to you “go on”; and “go on” about this, or that, or we don’t “express” ourselves very well. We don’t say what we mean. Don’t we? Don’t we? We do say what we mean. And you say that “I don’t understand you…”: Then you… (Points.)
JOHN: “Consult the Report”?
CAROL: …that’s right.
JOHN: You see. You see. Can’t you … You see what I’m saying? Can’t you tell me in your own words?
CAROL: Those are my own words. (Pause)
JOHN: (He reads.) “He told me that if I would stay alone with him in his office, he would change my grade to an A.” (To CAROL:) What have I done to you? Oh. My God, are you so hurt?
CAROL: What I “feel” is irrelevant. (Pause)
JOHN: Do you know that I tried to help you?
CAROL: What I know I have reported.
JOHN: I would like to help you now. I would. Before this escalates.
CAROL (simultaneously with “escalates”): You see. I don’t think that I need your help. I don’t think I need anything you have.
JOHN: I feel…
CAROL: I don’t care what you feel. Do you see? DO YOU SEE? You can’t do that anymore. You. Do. Not. Have. The. Power. Did you misuse it? Someone did. Are you part of that group? Yes. Yes. You Are. You’ve done these things. And to say, and to say, “Oh. Let me help you with your problem…”
JOHN: Yes. I understand. I understand. You’re hurt. You’re angry. Yes. I think your anger is betraying you. Down a path which helps no one.
CAROL: I don’t care what you think.
JOHN: You don’t? (Pause) But you talk of rights. Don’t you see? I have rights too. Do you see? I have a house … part of the real world; and The Tenure Committee, Good Men and True…
CAROL: …Professor…
JOHN: …Please: Also part of that world: you understand? This is my life. I’m not a bogeyman. I don’t “stand” for something, I…
CAROL: …Professor…
JOHN: …I…
CAROL: Professor. I came here as a favor. At your personal request. Perhaps I should not have done so. But I did. On my behalf, and on behalf of my group. And you speak of the tenure committee, one of whose members is a woman, as you know. And though you might call it Good Fun, or An Historical Phrase, or An Oversight, or, All of the Above, to refer to the committee as Good Men and True, it is a demeaning remark. It is a sexist remark, and to overlook it is to countenance continuation of that method of thought. It’s a remark…
JOHN: OH COME ON. Come on… Sufficient to deprive a family of…
CAROL: Sufficient? Sufficient? Sufficient? Yes. It is a fact… and that story, which I quote, is vile and classist, and manipulative and pornographic. It…
JOHN: …it’s pornographic…?
CAROL: What gives you the right. Yes. To speak to a woman in your private… Yes. Yes. I’m sorry. I’m sorry. You feel yourself empowered … you say so yourself. To strut. To posture. To “perform.” To “Call me in here…” Eh? You say that higher education is a joke. And treat it as such, you treat it as such. And confess to a taste to play the Patriarch in your class. To grant this. To deny that. To embrace your students.
JOHN: How can you assert. How can you stand there and…
CAROL: How can you deny it. You did it to me. Here. You did… You confess. You love the Power. To deviate. To invent, to transgress … to transgress whatever norms have been established for us. And you think it’s charming to “question” in yourself this taste to mock and destroy. But you should question it. Professor. And you pick those things which you feel advance you: publication, tenure, and the steps to get them you call “harmless rituals.” And you perform those steps. Although you say it is hypocrisy. But to the aspirations of your students. Of hardworking students, who come here, who slave to come here – you have no idea what it cost me to come to this school – you mock us. You call education “hazing,” and from your so-protected, so-elitist seat you hold our confusion as a joke, and our hopes and efforts with it. Then you sit there and say “what have I done?” And ask me to understand that you have aspirations too. But I tell you. I tell you. That you are vile. And that you are exploitative. And if you possess one ounce of that inner honesty you describe in your book, you can look in yourself and see those things that I see. And you can find revulsion equal to my own. Good day. (She prepares to leave the room.)
JOHN: Wait a second, will you, just one moment. (Pause) Nice day today.
CAROL: What?
JOHN: You said “Good day.” I think that it is a nice day today.
CAROL: Is it?
JOHN: Yes, I think it is.
CAROL: And why is that important?
JOHN: Because it is the essence of all human communication. I say something conventional, you respond, and the information we exchange is not about the “weather,” but that we both agree to converse. In effect, we agree that we are both human. (Pause)
I’m not a … “exploiter,” and you’re not a … “deranged,” what? Revolutionary … that we may, that we may have … positions, and that we may have … desires, which are in conflict, but that we’re just human. (Pause) That means that sometimes we’re imperfect. (Pause) Often we’re in conflict… (Pause) Much of what we do, you’re right, in the name of “principles” is self-serving … much of what we do is conventional. (Pause) You’re right. (Pause) You said you came in the class because you wanted to learn about education. I don’t know that I can teach you about education. But I know that I can tell you what I think about education, and then you decide. And you don’t have to fight with me. I’m not the subject. (Pause) And where I’m wrong … perhaps it’s not your job to “fix” me. I don’t want to fix you. I would like to tell you what I think, because that is my job, conventional as it is, and flawed as I may be. And then, if you can show me some better form, then we can proceed from there. But, just like “nice day, isn’t it…?” I don’t think we can proceed until we accept that each of us is human. (Pause) And we still can have difficulties. We will have them … that’s all right too. (Pause) Now:
CAROL: …wait…
JOHN: Yes. I want to hear it.
CAROL: …the…
JOHN: Yes. Tell me frankly.
CAROL: …my position…
JOHN: I want to hear it. In your own words. What you want. And what you feel.
CAROL: …I…
JOHN: …yes…
CAROL: My Group.
JOHN: Your “Group”…? (Pause)
CAROL: The people I’ve been talking to…
JOHN: There’s no shame in that. Everybody needs advisers. Everyone needs to expose themselves. To various points of view. It’s not wrong. It’s essential. Good. Good. Now: You and I … (The phone rings.)
You and I…
(He hesitates for a moment, and then picks it up.) (Into phone) Hello. (Pause) Um … no, I know they do. (Pause) I know she does. Tell her that I … can I call you back? … Then tell her that I think it’s going to be fine. (Pause) Tell her just, just hold on, I’ll … can I get back to you? … Well … no, no, no, we’re taking the house … we’re … no, no, nn … no, she will nnn, it’s not a question of refunding the dep … no … it’s not a question of the deposit … will you call Jerry? Babe, baby, will you just call Jerry? Tell him, nnn … tell him they, well, they’re to keep the deposit, because the deal, be … because the deal is going to go through … because I know … be … will you please? Just trust me. Be … well, I’m dealing with the complaint. Yes. Right Now. Which is why I … yes, no, no, it’s really, I can’t talk about it now. Call Jerry, and I can’t talk now. Ff … fine. Gg … good-bye. (Hangs up.) (Pause) I’m sorry we were interrupted.
CAROL: No…
JOHN: I … I was saying:
CAROL: You said that we should agree to talk about my complaint.
JOHN: That’s correct.
CAROL: But we are talking about it.
JOHN: Well, that’s correct too. You see? This is the gist of education.
CAROL: No, no. I mean, we’re talking about it at the Tenure Committee Hearing. (Pause)
JOHN: Yes, but I’m saying: we can talk about it now, as easily as…
CAROL: No. I think that we should stick to the process…
JOHN: …wait a…
CAROL: …the “conventional” process. As you said. (She gets up.) And you’re right, I’m sorry if I was, um, if I was “discourteous” to you. You’re right.
JOHN: Wait, wait a…
CAROL: I really should go.
JOHN: Now, look, granted. I have an interest. In the status quo. All right? Everyone does. But what I’m saying is that the committee…
CAROL: Professor, you’re right. Just don’t impinge on me. We’ll take our differences, and…
JOHN: You’re going to make a … look, look, look, you’re going to…
CAROL: I shouldn’t have come here. They told me…
JOHN: One moment. No. No. There are norms, here, and there’s no reason. Look: I’m trying to save you…
CAROL: No one asked you to … you’re trying to save me? Do me the courtesy to…
JOHN: I am doing you the courtesy. I’m talking straight to you. We can settle this now. And I want you to sit down and…
CAROL: You must excuse me… (She starts to leave the room.)
JOHN: Sit down, it seems we have a … Wait one moment. Wait one moment … just do me the courtesy to…
(He restrains her from leaving.)
CAROL: LET ME GO.
JOHN: I have no desire to hold you, I just want to talk to you…
CAROL: LET ME GO. LET ME GO. WOULD SOMEBODY HELP ME? WOULD SOMEBODY HELP ME PLEASE…?
THREE
(At rise, CAROL and JOHN are seated.)
JOHN: I have asked you here. (Pause) I have asked you here against, against my…
CAROL: I was most surprised you asked me.
JOHN: …against my better judgment, against…
CAROL: I was most surprised…
JOHN: …against the … yes. I’m sure.
CAROL: …If you would like me to leave, I’ll leave. I’ll go right now… (She rises.)
JOHN: Let us begin correctly, may we? I feel…
CAROL: That is what I wished to do. That’s why I came here, but now…
JOHN: …I feel…
CAROL: But now perhaps you’d like me to leave…
JOHN: I don’t want you to leave. I asked you to come…
CAROL: I didn’t have to come here.
JOHN: No. (Pause) Thank you.
CAROL: All right. (Pause) (She sits down.)
JOHN: Although I feel that it profits, it would profit you something, to…
CAROL: …what I…
JOHN: If you would hear me out, if you would hear me out.
CAROL: I came here to, the court officers told me not to come.
JOHN: …the “court” officers…?
CAROL: I was shocked that you asked.
JOHN: …wait…
CAROL: Yes. But I did not come here to hear what it “profits” me.
JOHN: The “court” officers…
CAROL: …no, no, perhaps I should leave… (She gets up.)
JOHN: Wait.
CAROL: No. I shouldn’t have…
JOHN: …wait. Wait. Wait a moment.
CAROL: Yes? What is it you want? (Pause) What is it you want?
JOHN: I’d like you to stay.
CAROL: You want me to stay.
JOHN: Yes.
CAROL: You do.
JOHN: Yes. (Pause) Yes. I would like to have you hear me out. If you would. (Pause) Would you please? If you would do that I would be in your debt. (Pause) (She sits.) Thank You. (Pause)
CAROL: What is it you wish to tell me?
JOHN: All right. I cannot… (Pause) I cannot help but feel you are owed an apology. (Pause) (Of papers in his hands) I have read. (Pause) And reread these accusations.
CAROL: What “accusations”?
JOHN: The, the tenure comm. … what other accusations…?
CAROL: The tenure committee…?
JOHN: Yes.
CAROL: Excuse me, but those are not accusations. They have been proved. They are facts.
JOHN: …I…
CAROL: No. Those are not “accusations.”
JOHN: …those?
CAROL: …the committee (The phone starts to ring.) the committee has…
JOHN: …All right…
CAROL: …those are not accusations. The Tenure Committee.
JOHN: ALL RIGHT. ALL RIGHT. ALL RIGHT. (He picks up the phone.) Hello. Yes. No. I’m here. Tell Mister … No, I can’t talk to him now … I’m sure he has, but I’m fff … I know … No, I have no time t … tell Mister … tell Mist … tell Jerry that I’m fine and that I’ll call him right aw … (Pause) My wife … Yes. I’m sure she has. Yes, thank you. Yes, I’ll call her too. I cannot talk to you now. (He hangs up.) (Pause) All right. It was good of you to come. Thank you. I have studied. I have spent some time studying the indictment.
CAROL: You will have to explain that word to me.
JOHN: An “indictment”…
CAROL: Yes.
JOHN: Is a “bill of particulars.” A…
CAROL: All right. Yes.
JOHN: In which is alleged…
CAROL: No. I cannot allow that. I cannot allow that. Nothing is alleged. Everything is proved…
JOHN: Please, wait a sec…
CAROL: I cannot come to allow…
JOHN: If I may … If I may, from whatever you feel is “established,” by…
CAROL: The issue here is not what I “feel.” It is not my “feelings,” but the feelings of women. And men. Your superiors, who’ve been “polled,” do you see? To whom evidence has been presented, who have ruled, do you see? Who have weighed the testimony and the evidence, and have ruled, do you see? That you are negligent. That you are guilty, that you are found wanting, and in error; and are not, for the reasons so-told, to be given tenure. That you are to be disciplined. For facts. For facts. Not “alleged,” what is the word? But proved. Do you see? By your own actions.
That is what the tenure committee has said. That is what my lawyer said. For what you did in class. For what you did in this office.
JOHN: They’re going to discharge me.
CAROL: As full well they should. You don’t understand? You’re angry? What has led you to this place? Not your sex. Not your race. Not your class. YOUR OWN ACTIONS. And you’re angry. You ask me here. What do you want? You want to “charm” me. You want to “convince” me. You want me to recant. I will not recant. Why should I…? What I say is right. You tell me, you are going to tell me that you have a wife and child. You are going to say that you have a career and that you’ve worked for twenty years for this. Do you know what you’ve worked for? Power. For power. Do you understand? And you sit there, and you tell me stories. About your house, about all the private schools, and about privilege, and how you entitled. To buy, to spend, to mock, to summon. All your stories. All your silly weak guilt, it’s all about privilege; and you won’t know it. Don’t you see? You worked twenty years for the right to insult me. And you feel entitled to be paid for it. Your Home. Your Wife … Your sweet “deposit” on your house…
JOHN: Don’t you have feelings?
CAROL: That’s my point. You see? Don’t you have feelings? Your final argument. What is it that has no feelings. Animals. I don’t take your side, you question if I’m Human.
JOHN: Don’t you have feelings?
CAROL: I have a responsibility, I…
JOHN: …to…?
CAROL: To? This institution. To the students. To my group.
JOHN: … your “group.”…
CAROL: Because I speak, yes, not for myself. But for the group; for those who suffer what I suffer. On behalf of whom, even if I, were, inclined, to what, forgive? Forget? What? Overlook your…
JOHN: …my behavior?
CAROL: … it would be wrong.
JOHN: Even if you were inclined to “forgive” me.
CAROL: It would be wrong.
JOHN: And what would transpire.
CAROL: Transpire?
JOHN: Yes.
CAROL: “Happen?”
JOHN: Yes.
CAROL: Then say it. For Christ’s sake. Who the hell do you think that you are? You want a post. You want unlimited power. To do and to say what you want. As it pleases you – Testing, Questioning, Flirting…
JOHN: I never…
CAROL: Excuse me, one moment, will you?
(She reads from her notes.)
The twelfth: “Have a good day, dear.”
The fifteenth: “Now, don’t you look fetching…”
April seventeenth: “If you girls would come over here…” I saw you. I saw you, Professor. For two semesters sit there, stand there and exploit our, as you thought, “paternal prerogative,” and what is that but rape; I swear to God. You asked me in here to explain something to me, as a child, that I did not understand. But I came to explain something to you. You Are Not God. You ask me why I came? I came here to instruct you.
(She produces his book.)
And your book? You think you’re going to show me some “light”? You “maverick.” Outside of tradition. No, no, (She reads from the book’s liner notes.) “of that fine tradition of inquiry. Of Polite skepticism” … and you say you believe in free intellectual discourse. YOU BELIEVE IN NOTHING. YOU BELIEVE IN NOTHING AT ALL.
JOHN: I believe in freedom of thought.
CAROL: Isn’t that fine. Do you?
JOHN: Yes. I do.
CAROL: Then why do you question, for one moment, the committee’s decision refusing your tenure? Why do you question your suspension? You believe in what you call freedom of thought. Then, fine. You believe in freedom-of-thought and a home, and, and prerogatives for your kid, and tenure. And I’m going to tell you. You believe not in “freedom of thought,” but in an elitist, in, in a protected hierarchy which rewards you. And for whom you are the clown. And you mock and exploit the system which pays your rent. You’re wrong. I’m not wrong. You’re wrong. You think that I’m full of hatred. I know what you think I am.
JOHN: Do you?
CAROL: You think I’m a, of course I do. You think I am a frightened, repressed, confused, I don’t know, abandoned young thing of some doubtful sexuality, who wants, power and revenge. (Pause) Don’t you? (Pause)
JOHN: Yes. I do. (Pause)
CAROL: Isn’t that better? And I feel that that is the first moment which you’ve treated me with respect. For you told me the truth. (Pause) I did not come here, as you are assured, to gloat. Why would I want to gloat? I’ve profited nothing from your, your, as you say, your “misfortune.” I came here, as you did me the honor to ask me here, I came here to tell you something.
(Pause) That I think … that I think you’ve been wrong. That I think you’ve been terribly wrong. Do you hate me now? (Pause)
JOHN: Yes.
CAROL: Why do you hate me? Because you think me wrong? No. Because I have, you think, power over you. Listen to me. Listen to me, Professor. (Pause) It is the power that you hate. So deeply that, that any atmosphere of free discussion is impossible. It’s not “unlikely.” It’s impossible. Isn’t it?
JOHN: Yes.
CAROL: Isn’t it…?
JOHN: Yes. I suppose.
CAROL: Now. The thing which you find so cruel is the selfsame process of selection I, and my group, go through every day of our lives. In admittance to school. In our tests, in our class rankings. … Is it unfair? I can’t tell you. But, if it is fair. Or even if it is “unfortunate but necessary” for us, then, by God, so must it be for you. (Pause) You write of your “responsibility to the young.” Treat us with respect, and that will show you your responsibility. You write that education is just hazing. (Pause) But we worked to get to this school. (Pause) And some of us. (Pause) Overcame prejudices. Economic, sexual, you cannot begin to imagine. And endured humiliations I pray that you and those you love never will encounter. (Pause) To gain admittance here. To pursue that same dream of security you pursue. We, who, who are, at any moment, in danger of being deprived of it. By…
JOHN: …by…?
CAROL: By the administration. By the teachers. By you. By, say, one low grade, that keeps us out of graduate school; by one, say, one capricious or inventive answer on our parts, which, perhaps, you don’t find amusing. Now you know, do you see? What it is to be subject to that power. (Pause)
JOHN: I don’t understand. (Pause)
CAROL: My charges are not trivial. You see that in the haste, I think, with which they were accepted. A joke you have told, with a sexist tinge. The language you use, a verbal or physical caress, yes, yes, I know, you say that it is meaningless. I understand. I differ from you. To lay a hand on someone’s shoulder.
JOHN: It was devoid of sexual content.
CAROL: I say it was not. I SAY IT WAS NOT. Don’t you begin to see…? Don’t you begin to understand? IT’S NOT FOR YOU TO SAY.
JOHN: I take your point, and I see there is much good in what you refer to.
CAROL: …do you think so…?
JOHN: …but, and this is not to say that I cannot change, in those things in which I am deficient … But, the…
CAROL: Do you hold yourself harmless from the charge of sexual exploitativeness…? (Pause)
JOHN: Well, I … I … I … You know I, as I said. I … think I am not too old to learn, and I can learn, I…
CAROL: Do you hold yourself innocent of the charge of…
JOHN: …wait, wait, wait … All right, let’s go back to…
CAROL: YOU FOOL. Who do you think I am? To come here and be taken in by a smile. You little yapping fool. You think I want “revenge.” I don’t want revenge. I WANT UNDERSTANDING.
JOHN: …do you?
CAROL: I do. (Pause)
JOHN: What’s the use. It’s over.
CAROL: Is it? What is?
JOHN: My job.
CAROL: Oh. Your job. That’s what you want to talk about. (Pause) (She starts to leave the room. She steps and turns back to him.) All right. (Pause) What if it were possible that my Group withdraws its complaint. (Pause)
JOHN: What?
CAROL: That’s right. (Pause)
JOHN: Why.
CAROL: Well, let’s say as an act of friendship.
JOHN: An act of friendship.
CAROL: Yes. (Pause)
JOHN: In exchange for what.
CAROL: Yes. But I don’t think, “exchange.” Not “in exchange.” For what do we derive from it? (Pause)
JOHN: “Derive.”
CAROL: Yes.
JOHN: (Pause) Nothing. (Pause)
CAROL: That’s right. We derive nothing. (Pause) Do you see that?
JOHN: Yes.
CAROL: That is a little word, Professor. “Yes.” “I see that.” But you will.
JOHN: And you might speak to the committee…?
CAROL: To the committee?
JOHN: Yes.
CAROL: Well. Of course. That’s on your mind. We might.
JOHN: “If” what?
CAROL: “Given” what. Perhaps. I think that that is more friendly.
JOHN: GIVEN WHAT?
CAROL: And, believe me, I understand your rage. It is not that I don’t feel it. But I do not see that it is deserved, so I do not resent it … All right. I have a list.
JOHN: … a list.
CAROL: Here is a list of books, which we…
JOHN: …a list of books…?
CAROL: That’s right. Which we find questionable.
JOHN: What?
CAROL: Is this so bizarre…?
JOHN: I can’t believe…
CAROL: It’s not necessary you believe it.
JOHN: Academic freedom…
CAROL: Someone chooses the books. If you can choose them, others can. What are you, “God”?
JOHN: …no, no, the “dangerous.” …
CAROL: You have an agenda, we have an agenda. I am not interested in your feelings or your motivation, but your actions. If you would like me to speak to the Tenure Committee, here is my list. You are a Free Person, you decide. (Pause)
JOHN: Give me the list. (She does so. He reads.)
CAROL: I think you’ll find…
JOHN: I’m capable of reading it. Thank you.
CAROL: We have a number of texts we need re…
JOHN: I see that.
CAROL: We’re amenable to…
JOHN: Aha. Well, let me look over the … (He reads.)
CAROL: I think that…
JOHN: LOOK. I’m reading your demands. All right?! (He reads) (Pause) You want to ban my book?
CAROL: We do not…
JOHN (Of list): It says here…
CAROL: …We want it removed from inclusion as a representative example of the university.
JOHN: Get out of here.
CAROL: If you put aside the issues of personalities.
JOHN: Get the fuck out of my office.
CAROL: No, I think I would reconsider.
JOHN: …you think you can.
CAROL: We can and we will. Do you want our support? That is the only quest…
JOHN: …to ban my book…?
CAROL: …that is correct…
JOHN: …this … this is a university … we …
CAROL: …and we have a statement … which we need you to … (She hands him a sheet of paper.)
JOHN: No, no. It’s out of the question. I’m sorry. I don’t know what I was thinking of. I want to tell you something. I’m a teacher. I am a teacher. Eh? It’s my name on the door, and I teach the class, and that’s what I do. I’ve got a book with my name on it. And my son will see that book someday. And I have a respon … No, I’m sorry I have a responsibility … to myself, to my son, to my profession… I haven’t been home for two days, do you know that? Thinking this out.
CAROL: …you haven’t?
JOHN: I’ve been, no. If it’s of interest to you. I’ve been in a hotel. Thinking. (The phone starts ringing.) Thinking…
CAROL: …you haven’t been home?
JOHN: …thinking, do you see.
CAROL: Oh.
JOHN: And, and, I owe you a debt, I see that now. (Pause) You’re dangerous, you’re wrong and it’s my job … to say no to you. That’s my job. You are absolutely right. You want to ban my book? Go to hell, and they can do whatever they want to me.
CAROL: …you haven’t been home in two days…
JOHN: I think I told you that.
CAROL: …you’d better get that phone. (Pause) I think that you should pick up the phone. (Pause)
(JOHN picks up the phone.)
JOHN (on phone): Yes. (Pause) Yes. Wh … I. I. I had to be away. All ri … did they wor … did they worry ab … No. I’m all right, now, Jerry. I’m f … I got a little turned around, but I’m sitting here and … I’ve got it figured out. I’m fine. I’m fine don’t worry about me. I got a little bit mixed up. But I am not sure that it’s not a blessing. It cost me my job? Fine. Then the job was not worth having. Tell Grace that I’m coming home and everything is fff… (Pause) What? (Pause) What? (Pause) What do you mean? WHAT? Jerry … Jerry. They … Who, who, what can they do…? (Pause) NO. (Pause) NO. They can’t do th… What do you mean? (Pause) But how… (Pause) She’s, she’s, she’s here with me. To … Jerry. I don’t underst… (Pause) (He hangs up.) (To CAROL:) What does this mean?
CAROL: I thought you knew.
JOHN: What. (Pause) What does it mean. (Pause)
CAROL: You tried to rape me. (Pause) According to the law. (Pause)
JOHN: …what…?
CAROL: You tried to rape me. I was leaving this office, you “pressed” yourself into me. You “pressed” your body into me.
JOHN: …I…
CAROL: My Group has told your lawyer that we may pursue criminal charges.
JOHN: …no…
CAROL: …under the statute. I am told. It was battery.
JOHN: …no…
CAROL: Yes. And attempted rape. That’s right. (Pause)
JOHN: I think that you should go.
CAROL: Of course. I thought you knew.
JOHN: I have to talk to my lawyer.
CAROL: Yes. Perhaps you should.
(The phone rings again.) (Pause)
JOHN: (Picks up phone. Into phone:) Hello? I … Hello…? I … Yes, he just called. No … I. I can’t talk to you now, Baby. (To CAROL:) Get out.
CAROL: …your wife…?
JOHN: …who it is is no concern of yours. Get out. (To phone:) No, no, it’s going to be all right. I. I can’t talk now, Baby. (To CAROL:) Get out of here.
CAROL: I’m going.
JOHN: Good.
CAROL (exiting): …and don’t call your wife “baby.”
JOHN: What?
CAROL: Don’t call your wife baby. You heard what I said.
(CAROL starts to leave the room. JOHN grabs her and begins to beat her.)
JOHN: You vicious little bitch. You think you can come in here with your political correctness and destroy my life?
(He knocks her to the floor.)
After how I treated you…? You should be … Rape you …? Are you kidding me…?
(He picks up a chair, raises it above his head, and advances on her.)
I wouldn’t touch you with a ten-foot pole. You little cunt…
(She cowers on the floor below him. Pause. He looks down at her. He lowers the chair. He moves to his desk, and arranges the papers on it. Pause. He looks over at her.)
…well…
(Pause. She looks at him.)
CAROL: Yes. That’s right.
(She looks away from him, and lowers her head. To herself:) …yes. That’s right.
END
Notes in Revised Penal Code
Analysis of the Oleanna Case. This is merely a copy of my assignment for Legal Aspects of Education under Atty. Jocelyn Cruz
Parameters of the Present Analysis
As agreed upon in class, we will apply the IRAC formula in writing and analyzing the relevant issues and pertinent circumstances of the movie “Oleanna” by David Mamet. The movie, based on an original play by Mamet, was set in an age that has not fully understood the meaning of “sexual harassment”. Indeed, David Mamet wrote this play/movie after the famous Anita Hill vs. Clarence Thomas in the early 1990s. However, even the charge made then was “sexual impropriety”. What the said celebrated case achieved is the understanding of the general (American) populace of term “sexual harassment”, although this latter term seemed to have been coined in 1974 at Cornell University. Atty. Drobac (2005) of the Indiana University School of Law, maintains that the law on sexual harassment has its legal standpoint from the 1964 Civil Rights Act, and that indeed it is a form of “discrimination because of …sex”.
Now, the present analysis transfers the situation to our present day and country, when and where a law is already in force against sexual harassment, particularly our Anti-Sexual Harassment Act (RA 7877). Interestingly, the latter act began in our Congress in 1994, and was enacted the following year. Anita Hill’s case and Oleanna evidently influenced this.
Further, the original complaint of Carol carries education issues, colored by “political correctness” - an issue that is somehow related to harassment. Indeed, as Spark Notes (Barnes and Noble) maintains, political correctness is a major theme in Oleanna. Now, the present study, although set in a master’s class in education, is not concerned about political correctness and educational issues per se. Rather, the concern of this paper pertains to the legal issues that apply to our life as teachers and future administrators and educational leaders.
Another parameter that must be considered here is that the original complaint does not carry the last scene, where John – evidently fuming mad with rage – beats Carol to the point of almost hitting her with a chair. This present analysis considers that scene as an added complaint. However, the last scene will inject several issues in the complaint of Carol against John. Hence, I decided to do a separate analysis for the inclusion of the last scene.
Further, while it is important to consider literary effect, especially in this literary-driven masterpiece, I have downplayed the same for the purpose of focusing on matters-of-fact and issues of legality. Hence, while there seems to be a meaning for the cinematography of lighting, the communication and miscommunication that results from persistent interruptions, the positions of Carol and John, etc., most of these are unacceptable as evidence. Hence, most of literary effects are left for literary - and not legal – analysis.
In Summary
The analysis is set in the present day Philippines, 2006. RA 7877 is already in effect.
There are two cases at bar:
* Carol, a tertiary level student, files a complaint against John, a professor, for sexual harassment, attempted rape and battery (not considering the last scene)
* Carol, a tertiary level student, files a complaint against John, a professor for battery (RA 3815, Revised Penal Code), sexual harassment (RA 7877), attempted rape (RA 8353, Anti-Rape Law), and physical injuries (RA 3815, Revised Penal Code).
Evidences are presented according to the facts presented in the play/movie, without prejudice to the validity and reliability of the statements of the witnesses (Carol, John, Jerry or Grace). Sexual Harassment centers not purely on context, but also on individual interpretation (as will be later clear). Considering this, the presented testimonies may be considered from the perspective of the individual complaining.
First case. Carol, a tertiary level student, files a complaint against John, a professor, for sexual harassment, attempted rape and battery (not considering the last scene)
Plot Overview (some adaptation from Sparknotes.com analysis of the play)
Carol was the student of John. She was asked to his office in order to discuss her poor class performance. John was worried because he thought of Carol as a bright girl. During their talks, telephone calls – alternately from John’s wife Grace and his friend Jerry - keep on coming. Apparently, Grace was concerned about the house they were purchasing.
Now, Carol said she’s also worried about her grades, and that she wishes to understand what is going on in class. Carol though she is stupid, that people have always thought her stupid, and that now John, too, is aware of her stupidity.
In an effort to appease Carol’s bad self-image, John said he sympathized with this feeling; he told Carol he, too, was brought up to feel stupid. From his original feeling of wanting to leave – because of the urgency of the situation with his house and his wife - John has turned himself around, however, and said he wishes to help Carol see how she can improve herself. John took the blame for Carol's lack of understanding in his class and vowed to fix it.
At this point, Grace called again about the house. At about this time also, Carol made the connection that the new house is to accompany John's tenure at the college. John connected this tenure concern to Carol's problem. Here, he suggested that tests, like those of the tenure committee, which has announced but not yet approved him, are meaningless. He started his pedantic and highfaluting discourse against the structures of higher education, and the established teacher-student relationship, which he dubbed as unnecessary and unimportant. Carol asked again about her grade, but John interrupted, assuring her that she will receive an A, if the two of them begin the class again in his office hours.
They discussed some topics from class about which Carol has questions, and John explained his view of higher education - a criminal trial is not a necessity to live a complete life, yet college—a similar right in the modern age—is regarded as a necessity and taken for granted. To John, higher education is not such a good thing, a view with which Carol takes opposition. He explained more, and Carol could not understand some points and became frustrated. John tried to comfort her physically, but she denied him and walked away.
In the second act /scene, Carol already filed a complaint with the tenure committee regarding John. She charged that he was a sexist, elitist, racist, was alone with her, moved to physically embrace her, told her a sexually explicit story, and offered her grades in exchange for private visits to his office—all charges substantiated by actions in the first act/scene.
Carol then attacked John for his views on higher education and his inherent role in the system; he defended this, showing her that they are merely people who agree to take part in an exchange. His role was to provoke her (this has earned another cause for complaint) and, more so, to tell her what he thinks; he cannot correct her, but he merely shares his views as a professor with her, for her to do with as she will. At this point, Carol mentioned that she has consulted on this matter with her "Group". Apparently, she has a backing. Grace called again; John brushed her off to talk to Carol, who tells him the proper venue for these discussions is at the hearing of the tenure committee. Carol turned to go, but John physically restrained her, telling her he just wants to talk to her. Here, Carol shouted for help, and forced her way out the door. There were people outside looking at their direction.
(The third act/scene will be considered as additional evidence/s for the second version of the case, as stipulated above.)
Details of the third act/scene are as follows:
After some time, John has lost his job and his security of tenure. Carol came back to the office once again, and insisted that the charges are absolute fact. John apologized and Carol lectured him on how he exploits students who have every right to learn in college, perpetuating the elitist paradigm. Carol told John she desires not revenge but understanding. John is insistent in attempting to discover how he may end Carol's attacks, and she ultimately offers a bargain; she and her group will drop their charges if John recommends the banning of certain books at the college and signs a statement of support. John is repulsed and refused, snapping out of his kowtowing to Carol. He then became firm in his denial. He revealed that he has not been home in days. The phone rang, and Carol urged him to pick it up. It was Jerry who advised him that Carol and her group are considering pursuing criminal charges against John for battery and attempted rape. John's wife called, and as he talks to her, he asked Carol to leave. She began to oblige, but warned John on the way out not to call his wife "baby." John knocked Carol down, began to beat her, and grabbed a chair as if to hit her with it. As he attempted to regain composure, she sat on the floor, saying to herself, "Yes. That's right."
Issue: Has John, professor of Carol:
1. Committed sexual harassment against the person of Carol, in violation of RA 7877?
2. Attempted the rape of Carol, in violation of RA 8353?
3. Inflicted physical injuries to Carol, in violation of RA 3815?
According to the RA 7877, harassment is committed in educational environment:
(1) Against one who is under the care, custody or supervision of the offender;
(2) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender;
(3) When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or considerations; or
(4) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice.
As provided for in the text of the movie, all requirements are fulfilled for the case at bar. Carol is under the care of John as his student in fulfillment of (2). Further, she was offered an A if she will meet him in his office, in fulfillment of (3). For the requirement in (4), Carol is now presents herself as intimidated; she also maintains that John was hostile and offensive to her.
Now the Civil Service Commission Resolution No. 01-0940 explains and differentiates circumstances surrounding sexual harassment, to wit:
GRAVE OFFENSES SHALL INCLUDE THE FOLLOWING:
a. Unwanted touching of private parts of the body (genitalia, buttocks, and breast);
b. Sexual assault;
c. Malicious touching;
d. Requesting sexual favor in exchange for employment, promotion, local or foreign travels, favorable working conditions or assignments, a passing grade, the granting of honors or scholarship, or the grant of benefits or payment of a stipend or allowance; and
e. Other analogous cases.
LESS GRAVE OFFENSES SHALL INCLUDE THE FOLLOWING:
a. Unwanted touching or brushing against a victim’s body;
b. Pinching, not falling under grave offenses;
c. Derogatory or degrading remarks or innuendos directed toward the members of one sex or one’s sexual orientation or used to describe a person;
d. Verbal abuse or threats with sexual overtones; and
e. Other analogous cases.
THE FOLLOWING SHALL BE CONSIDERED LIGHT OFFENSES:
a. Surreptitiously looking or stealing a look at a person’s private parts or worn undergarments;
b. Telling sexist/smutty jokes or sending these through text, e-mail, or other similar means, causing embarrassment or offense and carried out after the offender had been advised that they are offensive or embarrassing or, even without such advice, when they are by their nature clearly embarrassing, offensive, or vulgar;
c. Malicious leering or ogling;
d. Display of sexually offensive pictures, materials, or graffiti;
e. Unwelcome inquiries or comments about a person’s sex life;
f. Unwelcome flirtation, advances, and propositions;
g. Making offensive hand or body gestures at an employee;
h. Persistent unwanted attention with sexual overtones causing discomfort, embarrassment, offense, or insult to the receiver; and
i. Other analogous cases.
Wherefore, the University of the Philippines, for example has the following as its policy against Sexual Harassment:
THINGS TO REMEMBER:
• It is important for faculty to recognize the power they have over their students (grading, thesis supervision, and provision of references) and that students have a high regard for their teachers. It is therefore the responsibility of the faculty to observe proper decorum and maintain a professional relationship with students at all times. This also holds true for relations between senior faculty/junior faculty and faculty/staff.
• Be aware that students come from different socio-economic and cultural backgrounds and thus have varied perceptions of behavior. While there is nothing wrong with being friendly to students, interactions that are perceived as informal and personal may make some students feel uncomfortable, confused, or anxious about the faculty’s intention.
• Refrain from discussing with students their sexual life, (unless it is part of the class discussion in which case duly inform the students about it) or giving unsolicited advice on personal and intimate matters.
• Be supportive of students who seek help for personal issues; however, avoid taking on a counseling role. Refer them to the UP Diliman Gender Office Crisis Counseling Service of the Office of Counseling and Guidance for advice.
• Be aware that some students may not feel comfortable with physical touching and the showing of nude paintings/photographs. If physical touching and the showing of nude paintings/photographs are necessary for teaching, as in physical education and art classes, duly inform the students about it before the start of classes.
• Let your students know about your boundaries for interactions with them. If a student/staff crosses a boundary, let them know right away to avoid misunderstanding.
• All Deans/heads of units who fail to report officially filed complaints of sexual harassment to the Office of Anti-Sexual Harassment shall be administratively liable for NEGLECT OF DUTY.
COMPLAINTS MUST HAVE THE FOLLOWING ELEMENTS:
1. Unwanted, whether done intentionally or not;
2. Sexual in nature
3. Occurs in a peer, superior-inferior (or vice-versa) relationship in a work, education, or training-related environment;
4. Submission/rejection of acts used as basis for any employment/academic decision; or
5. Effects:
· Interferes with work performance or creates a hostile, offensive, or intimidating environment; or
· Might reasonably be expected to cause discrimination, insecurity, discomfort, offense, or humiliation.
XXX
Now, for rape to be committed, pursuant to the provisions of RA 8353 (Arts. 266-A, as amendments to Act 3815, Revised Penal Code), a man should have “carnal knowledge” of a woman. Now, for the complaint to prosper with respect to (attempted) rape (as stated in GR#143468-71 : People vs Freddie Lizada):
“In reviewing rape cases, this Court is guided by the following principles: (1) to accuse a man of rape is easy but to disprove it is difficult though the accused may be innocent; (2) considering the nature of things, and only two persons are usually involved in the crime of rape, the testimony of the complainant should be scrutinized with great caution; (3) the evidence for the prosecution must stand or fall on its own merits and not be allowed to draw strength from the weakness of the evidence of the defense. By the very nature of the crime of rape, conviction or acquittal depends almost entirely on the credibility of the complainant's testimony because of the fact that usually only the participants can testify as to its occurrence. However, if the accused raises a sufficient doubt as to any material element of the crime, and the prosecution is unable to overcome it with its evidence, the prosecution has failed to discharge its burden of proving the guilt of the accused beyond cavil of doubt and hence, the accused is entitled to an acquittal.”
“…being of tender age, it is possible that the penetration of the male organ went only as deep as her labia. Whether or not the hymen of private complainant was still intact has no substantial bearing on accused-appellant's commission of the crime. Even, the slightest penetration of the labia by the male organ or the mere entry of the penis into the aperture constitutes consummated rape. It is sufficient that there be entrance of the male organ within the labia of the pudendum.25 In People vs. Baculi, cited in People vs. Gabayron,26 we held that there could be a finding of rape even if despite repeated intercourse over a period of four years, the complainant still retained an intact hymen without injury. In these cases, the private complainant testified that the penis of accused-appellant gained entry into her vagina”
In the foregoing statements, it is clear that rape constitutes carnal knowledge – of penile insertion in the woman’s vagina, anus or mouth (as clear in the Art 266-A, 2 of the above stipulated law). Hence, attempted rape constitutes an effort on the part of the accused to have carnal knowledge of the victim.
XXX
On the complaint with respect to battery, the laws on physical injuries apply (Revised Penal Code, Art. 263, 265, 266). Here, the court must scrutinize the case’s gravity. The law differentiates between the following:
* Serious physical injuries (Art. 263), which applies to persons who “shall wound, beat or assault another”; penalty varies as to the circumstances described in the article.
* Less serious physical injuries (Art. 265), which applies to persons who “shall inflict upon another physical injuries not described in the preceding articles (262 -264), but which shall incapacitate the offended party for labor for ten days or more, or shall require medical attendance for the same period”. Penalty here is arresto mayor.
* Slight physical injuries and maltreatment (Art. 266) when the offender has inflicted physical injuries
+ which shall incapacitate the offended party for labor from one to nine days, or shall require medical attendance during the same period – penalty is arresto menor.
+ Which do not prevent the offended party from engaging in his habitual work nor require medical attendance – penalty is arresto menor or a fine not exceeding 200 pesos.
+ Ill-treatment by deed without causing injury – penalty is arresto menor in its minimum period or a fine not exceeding 50 pesos.
XXX
Arguments and evidences:
Overview:
As in most sexual harassment cases, this is another one of those “he said, she said” cases. Sexual Harassment cases almost always have no evidence apart from the testimonies of the complainant and the accused. Indeed, as Drobac (2005) explained why sexual harassment litigation seems more like a trial of the complainant – his/her innermost behavior, even the most intimate medical, psychiatric, psychological details – than of the alleged harasser behavior. It is with this in mind that she manifested in the same book that it is a consensus that the law “leaves too much out” in sexual harassment. More often than not, the ….
Evidence of the prosecution
On the charge of sexual harassment, the prosecution maintains that accused was alone with the plaintiff, told her a sexually explicit story, motioned to hug her, and guaranteed her a grade of “A” if she would meet with him in his office.
There were no witnesses to these allegations. However, the plaintiff shows her journal where she usually jots down things so that she will be able to remember them.
On the charge of attempted rape, the plaintiff said on one occasion, the accused “restrained her” from leaving his office. She said “Let me go”, as the professor’s “body was pressed into her”. With this, she claims she has witnesses – the people outside the office of John who stared as she cried for help and eventually left his office.
On the charge of battery, or physical injuries, she claims that the defendant restrained her with force, and forced her to stay in his office. In an instant when he tried to rape her, she forcefully pressed his body on her body, and she was hurt in the process.
Evidence of the defense
While it is true that the plaintiff was alone with the accused on that day, it was due to a discussion of her performance in class. The professor was worried that although Carol Is a bright girl, she was not performing very well in class, and tried to find ways to help her in her academic performance. In fact, he was in a hurry that day because his wife wanted him to meet her. It was an “unscheduled meeting”.
In his effort to “level with” Carol, the accused told her that she is not “stupid”, and that he also thought then that he was “stupid”. In this exchange of stories and “lessons”, he told the story that Carol classified as “sexually explicit”. “When I was young, I was told that rich people copulate less often than the poor”. He said that he told this story because he wanted to make her feel at ease with the professor, and the subject matter he was teaching, and to avoid thinking that she was stupid. If the professor felt the same when he was young, then it is quite normal for her to feel the same way.
The accused also maintained that the writings on the journal of Carol were all taken out of context. “I want to be personal with you” may connote sexual harassment, but it was taken out of context. The reason he said that is because he felt that the student was not learning in his class, and that she was aloof. She was only there at one side of the room, dreaming away. “Personal” here meant that he wanted to personalize his instruction to her. He wanted to be learner centered in approach.
The guarantee of an A, meant that if she would only make up for her lessons – by meeting with him in his office to discuss the same – she is guaranteed an A. This is in the sense that every student deserves an A, a mastery level, if she demonstrates mastery. Now, promising A to her was a sort of encouragement for her to attain that level, as her aptitude demanded. She was a bright student. Her receiving of a grade less than an A meant that he as a teacher was the guilty party. He thought Carol would be motivated through the “A” grade because she seemed so concerned with her grade, because she said “What’s my grade?” Also, he said this to somehow make up for his innocent words (“What can this mean?”) that were adjudged as insulting by Carol.
On the charge of attempted rape, he said that he had no sexual desires on Carol. He made this clear when she said “Let me go” and seemed afraid of him. He said, “I have no desire to hold you…I just want to talk to you.” The instances presented by the plaintiff when she said he “moved in to embrace” her and “forcefully restrained” her from leaving the office were actions that are devoid of malicious content. He was simply acting as an authoritative teacher. He told her to “sit down” many times, because she seemed to be confused. He wanted to make sure she understood what he meant. But this seemed impossible to accomplish since she would always interrupt him. When all else failed, and she was showing signs of confusion and bewilderment, he held her but not to embrace her. His motives were just to physically restrain her, especially since she seemed adamant with her misguided thoughts. He wanted to calm her down.
From the foregoing, his defense on physical injuries and battery follows. He did not willfully cause harm to her. Whatever pains she may be reporting to the court, are the results of his trying to calm her down, as was said above.
Besides, she still came back to his office two times after the said sexual harassment incident. After she charged the professor with attempted rape, she again came back. This last time, she came back to ask for him to sign support papers for the ouster of some books. This list of books includes one book written by him.
XXX
Application
On the charge of sexual harassment, it must be said that sexual harassment in educational setting is committed when sexual favor is asked in return for passing, etc as discussed in RA 7877, Sec 3, b, par 3-4:
Sexual harassment is done in an education or training environment:
(3) When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or considerations; or
(4) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice.
In order to convict the accused, it must be shown that the actions he exhibited towards the plaintiff have sexual overtones. And this must be beyond reasonable doubt. We cannot believe that the words were said with malicious intent. The denial of the accused was vehement, being substantiated by clear and convincing evidence. Indeed, they were mere speculation on the part of the plaintiff, translating the words of the accused out of context, in order to mean other than they were intended.
Her accusations were vague and unconvincing.
Also in MTJ-98-1162 (Ana May Simbajon vs. Judge Rogelio Esteban), the SC considered the importance of showing that the woman is capable of spinning a lie, on the part of the defense. The coming of the plaintiff to the office of the accused in order to seek for “support on the banning of some books” clouds the personality of the plaintiff. Indeed, it is clear that she is not a victim but a blackmailer.
Now, according to CSC Resolution No.98089, as applied in Civil Service Commission res#000563 (Anna Leah J. Morales vs, Melquiades D. Ordena), in cases of sexual harassment, “weight is given to the reaction of the victim than to the intent of the harasser”. The intention of the harasser, it continues, is irrelevant and the determinative factor is the effect of the act or request on the complainant.
That the plaintiff did not suffer humiliation, ill-feelings or embarrassment and did not experience a hostile, intimidating or offensive environment is clear from the fact that, after accusing the professor of sexual harassment at the Tenure Committee, she still came back to the office of the professor twice. If she was really maligned and suffered the indignation that she was saying – a requisite of sexual harassment – she wouldn’t have come back to the place of the professor, considering that at her coming back, she was again all alone by herself.
When the credibility of a witness is sought to be impeached by proof of his reputation, it is necessary that the reputation shown should be that which existed before the occurrence of the circumstances out of which the litigation arose, or at the time of the trial and prior thereto, but not at a period remote from the commencement of the suit. This is because a person of derogatory character or reputation can still change or reform himself. (G.R. No. 132164 October 19, 2004 CIVIL SERVICE COMMISSION vs. ALLYSON BELAGAN)
In its Resolution No. 972423 dated April 11, 1997, the CSC denied respondent’s motion for reconsideration, holding that:
"The character of a woman who was the subject of a sexual assault is of minor significance in the determination of the guilt or innocence of the person accused of having committed the offense. This is so because even a prostitute or a woman of ill repute may become a victim of said offense.
As such, the fact that complainant Magdalena Gapuz is shown to have had cases before the regular courts for various offenses and was condemned by her community for wrongful behavior does not discount the possibility that she was in fact telling the truth when she cried about the lecherous advances made to her by the respondent. x x x"
Credibility means the disposition and intention to tell the truth in the testimony given. It refers to a person’s integrity, and to the fact that he is worthy of belief.19 A witness may be discredited by evidence attacking his general reputation for truth,20 honesty21 or integrity.22 Section 11, Rule 132 of the same Revised Rules on Evidence reads:
"SEC. 11. Impeachment of adverse party’s witness. –A witness may be impeached by the party against whom he was called, by contradictory evidence, by evidence that his general reputation for truth, honesty, or integrity is bad, or by evidence that he has made at other times statements inconsistent with his present testimony, but not by evidence of particular wrongful acts, except that it may be shown by the examination of the witness, or the record of the judgment, that he has been convicted of an offense."
In the case at bar, the character of Carol is in question. After the alleged incident of harassment (or sexual impropriety), she still came back to John’s office, the last time, in order to ask for his support – through signing - on the banning of certain books that includes his own. It is the opinion of (this court) that there is “ample evidence to show” that Carol had a motive in accusing respondent, i.e., to pressure him to ban the books presented to him.
In GR 118860 (July 17, 1997 ROLINDA B. PONO vs. NATIONAL LABOR RELATIONS COMMISSION, RAFAELITO I. CASTILLO, and SANDOZ PHILS., INC.) the Court dismissed the case of sexual harassment for lack of merit. Apparently, she was merely covering up her serious misconduct charge, an offense that merits dismissal under the Art. 282 of the Labor Code. The Court however was “not convinced that he has the quantum of evidence at hand to support the averments.” It is convinced that “Pono decided to fabricate her attempted rape story”, and this because she is “aware that she could no longer offer a reasonable justification of her continued inefficiency”.
Now, based on the CSC guidelines, stipulated above, the case at bar might only qualify for less grave offense?
XXX
Now, on the charge of rape, we cannot agree with the plaintiff that there was even a quantum of evidence that will support her averments. The charge of rape is too grave to inflict to a person who did not show clear manifestation of intention to have carnal knowledge with the plaintiff. As was said above, the charge of rape must be accompanied with clear manifestation of a series of actions that leads to carnal knowledge, or in the case of attempted rape, the attempt of the same. The accused was fully dressed on the occasion, as witnessed by the people outside the office when the plaintiff ran outside and cried for help.
For acts of lasciviousness (Art. 336, Revised Penal Code), the following is found under Section 32, Article XIII, of the Implementing Rules and Regulations of RA 7610 or the Child Abuse Law, defining lascivious conduct, as follows:
"[T]he intentional touching, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks, or the introduction of any object into the genitalia, anus or mouth, of any person, whether of the same or opposite sex, with an intent to abuse, humiliate, harass, degrade, or arouse or gratify the sexual desire of any person, bestiality, masturbation, lascivious exhibition of the genitals or pubic area of a person."
The plaintiff cannot prove without an iota of doubt that said accused has sexual motives for touching her that day. And this accusation is again made vague by her coming back to his office, alone by herself, as described in the testimony of the defense.
The inability of the plaintiff to establish sexual intent on the part of the accused renders the charges to be ineffectual even to merit a case of seduction, as provided for in Art. 337ff (Title XI, Crimes Against Chastity, Chapter 3 Seduction, Corruption of Minors and White Slave Trade).
XXX
On the charges of physical injuries, the plaintiff alleged that pain was inflicted upon her by the defendant. Now, this physical injury that she was saying did not incapacitate her in anyway. Nor did the same prevent her the offended party, from engaging in her habitual work. Nor did she require any medical attention regarding the same. In light of the foregoing, her case qualifies only for slight physical injuries, under Art. 266 of the Revised Penal Code, as quoted above. Particular to this case at bar is its paragraph 2.
Now, let us consider that the penalty of the same is merely arresto menor (1 – 30 days) or a penalty of not exceeding two hundred pesos. Further, the accused is found to be performing an act that is not unlawful – trying to persuade the plaintiff to stay and sit down in order for her to be clear in things already aforementioned. Now, this action was performed not wanting of due care. Hence, the ingredients of circumstances which exempt from criminal liability are found (Art. 12, Revised Penal Code):
Art. 12. Circumstances which exempt from criminal liability. — the following are exempt from criminal liability:
…
4. Any person who, while performing a lawful act with due care, causes an injury by mere accident without fault or intention of causing it.
…
An accident is an occurrence that "happens outside the sway of our will, and although it comes about through some act of our will, lies beyond the bounds of humanly foreseeable consequences." It connotes the absence of criminal intent. Intent is a mental state, the existence of which is shown by a person's overt acts. In the case at bar, appellant got his shotgun and returned to the kitchen to shoot his son, who had intervened in the quarrel between the former and Conchita. It must also be pointed out that the firearm was a shotgun that would not have fired off without first being cocked. Undoubtedly, appellant cocked the shotgun before discharging it, showing a clear intent to fire it at someone. (G.R. No. 140794 October 16, 2001PEOPLE OF THE PHILIPPINES vs. RICARDO AGLIDAY Y TOLENTINO)
Now, applying the same to the case at bar, we find no intention on the part of the professor to inflict harm to Carol. He was not angry (this does not include the last scene) nor provoked to anger. As was said above, his intention to pacify Carol – a lawful act – accidentally resulted in the physical injury inflicted on her.
WHEREFORE, in view of all the foregoing, the decision of this honorable Court of Sta. Rosa City, Branch 222, in Criminal Case No. _______,
1. On the charge of Sexual Harassment in violation of the RA 7877, we find the accused NOT GUILTY;
2. On the charge of (Attempted) Rape in violation of RA 3815 Art. 266A, we find the accused NOT GUILTY;
3. On the charge of Physical Injuries, in violation of RA 3815 Art. 263-266, we find the accused NOT GUILTY.
Should the case be a Civil Service Commission case, and not a criminal case, I will add the following judgment (especially if he is a public school teacher, hence, a government employee):
HOWEVER, we find the accused guilty of Simple Misconduct, in his utterance of words that may be misinterpreted as sexual advances. This, he failed to explain and is a show of his indiscretion. Aggravating to this is the fact that he is the teacher of the plaintiff, and he should be the one to have cleared the meaning of the same to her, being the person with greater wisdom and authority.
Although there might have been other cases that can be filed against the accused, which should have been more convincing, it is not the scope of this analysis. After all, in GR 122764 - September 24, 1998 PEOPLE OF THE PHILIPPINES vs. ERNESTO PEREZ, the Supreme Court said that “since the People dictate what he should be charged with, fairness demands that he should not be convicted of a crime with which he is not charged or which is not necessarily included therein.”
Second case. Carol, a tertiary level student, files a complaint against John, a professor, for sexual harassment, attempted rape and battery (this time considering the last scene)
Analysis of the additional evidences.
Most of the evidences will be the same, except for the inclusion of the incident where John repeatedly slapped Carol, and almost hit her with a chair. On the part of the prosecution, this will be added as evidences substantiating the charge of battery,
On the part of the defense, the defense will again point out that there was no rape, because Carol even came back a second time. Then also, the defense will even use the hitting incident as a proof that John had no sexual desire for Carol.
The comment of Carol “You should not call your wife baby” is a clear manifestation of her insistence on political correctness. It might be drawn from direct examination that Carol was insistent on political correctness – the comment above being a clear evidence of the same. Insistence on political correctness may substantiate the claim of the defense that indeed, Carol was merely making the words of the accused to mean something other than they were originally intended by him. Experts in the education set-up have attacked this. Scatambulo (1998) and Schultz (1993) attacked the over-insistence on political correctness, which promotes overreservedness, thus, making even the academe overly rigid and without freedom.
Issues:
1. Will there be changes in the exoneration of the accused on charges of sexual harassment in the light of the additional evidences?
2. Will there be changes in the exoneration of the accused on charges of attempted rape in the light of the additional evidences?
3. Will there be changes in the exoneration of the accused on the charges of physical injuries in the light of the additional evidences?
For sexual harassment and attempted rape, the defense will be benefited of the additional evidences. Firstly, as was already mentioned, the plaintiff’s repeated trips to the office of the accused, all by herself, despite the charges of sexual advances and attempted rape, raises the doubts of the veracity of her claims for damages. She wouldn’t have repeatedly risked being alone with the man who sexually molested her.
Now, the prosecution might also use the beating incident as evidence to what kind of character the professor has. That he, while in closed doors, is capable of doing actions that are unbecoming of a person of dignity. It might even be showed that such actions are the result of her filing a rape case, and that the professor was angry because he found out of the charge. The defense on the other hand will excuse itself by telling the court of the circumstances surrounding the beating, and what the professor was feeling at that time. That he was provoked repeatedly by the plaintiff with her insistence of political correctness – the very reason why he has lost his job, tenure and his house. When his wife called him, for him, it was a manifestation of the only good thing he has left. Now, when Carol intruded again with her political correctness issue of not calling his wife baby, he flared up. This might save him from character assassination – that he is not a mad man, or a usual perpetrator of crime; that he was merely provoked to anger by the circumstances surrounding him that day, and the provocation of the plaintiff.
On the charge of physical injuries, the plaintiff will bank on the prima facie evidence – the professor repeatedly hit her, and even attempted to hit her with a chair. Considering the provisions of the Penal Code on physical injuries, and the damages on the plaintiff, the charge will not go graver than slight physical injuries. The next article (265) on Less Serious Physical Injuries requires that the physical injuries … “shall incapacitate the offended party for labor for ten days or more, or shall require medical attendance for the same period”. In the event of the same, the plaintiff may charge the accused with Less Serious Physical Injuries, under Art 265 of the Revised Penal Code in order to seek a graver penalty of Arresto Mayor, for the latter.
Now, there is no unlawful aggression to justify the action of the professor. "For unlawful aggression to be appreciated, there must be an actual, sudden, unexpected attack or imminent danger thereof, and not merely a threatening or intimidating attitude (People v. Rey, 172 SCRA 149 (1989)) and the accused must present proof of positively strong act of real aggression." (People v. Literado, 209 SCRA 319 (1992)). (in G.R. No. 109814 July 8, 1997 PEOPLE OF THE PHILIPPINES vs. FERNANDO MAALAT y FAJARDO)
Now, should the plaintiff produces the necessary requirements – medical records to substantiate a claim for a stiffer penalty – the accused will be guilty of Less Serious Physical Injuries. The accused, further, cannot find justifying or mitigating circumstances for his actions. Wherefore, considering the light of the above arguments and scrutiny of the same, this will make him GUILTY of less physical injuries, and may suffer the penalty of ARRESTO MAYOR, in its minimum term (1-2 months).
However, should the plaintiff fail to produce medical evidences of her incapacity of the required term, the accused will be charged of the same violation of the Article 266, Slight Physical Injuries. Again, the accused will be unable to find justifying or mitigating circumstances for his actions. Wherefore, considering the above arguments and scrutiny of the evidences, the accused will be GUILTY of slight physical injuries, and may suffer the penalty of ARRESTO MENOR (1-30days) or a fine of 200 pesos, and censure if the aggrieved party was not incapacitated by the action.
Wherefore, the fact that he was a first-time offender, the accused can avoid the punitive requirement of the penalty, by applying for probation under the Probation Law:
“Under Section 9 of the Probation Law, the offenders disqualified from availing of the benefits of the Probation Law are the following:
(a) those sentenced to serve a maximum term of imprisonment of more than six years;
(b) those convicted of any offense against the security of the State;
(c) those who have previously been convicted by final judgment of an offense punished by imprisonment of not less than one month and one day and/or a fine of not less than two hundred pesos;
(b) those who have been once on probation under the provisions of the decree; and
(e) those who were already serving sentence at the time the substantive provisions of the decree became applicable, pursuant to Section 33.
“It is undisputed that petitioner is not a disqualified offender under the above section. That the offended party was the president of the association of barangay captains and that he was 60 years old at the time of the incident hardly justify the inference that the grant of probation would depreciate the seriousness of the offense committed. Indeed, such conclusion contradicts the very finding of the trial court that the offense committed by the accused was not attended by any aggravating circumstance. The petitioner is a first-time offender. According to the trial court, the petitioner, a school teacher, was drunk at the time of the incident. Such state of intoxication undoubtedly affected his mental faculties and diminished his capacity to understand the consequences of his act. It is significant that the trial court found no evidence to prove that such drunkenness on the part of the accused was habitual or intentional. Upon this premise, a deviation from the policy of liberality in the application of the Probation Law is not justified in the instant case. As this Court said in Santos v. Paño. 3
The purpose of probation, what the law gives more importance to is the offender, not the crime. The inquiry is more on whether probation wig help the offender along the fines for which the probation system has been established, such as giving the first-time offender a second chance to maintain his place in society through a process of reformation, which is better achieved, at least as to one who has not committed a very serious offense, when he is not mixed with hardened criminals in an atmosphere not conducive to soul-searching as within prison wails. The consciousness of the State's benignity in giving him that second chance to continue in peaceful and cordial association with his fellowmen will advance, rather than retard, the process of reformation in him. “
(G.R. No. L-60892 December 12, 1985 MANUEL ATIENZA vs. CA)
In this case at bar, the more the professor has eligibility for probation (Under PD 968, as amended by PD 1990), since his charge is a slight felony that is punished by a light penalty (arresto menor).
References:
* Drobac, Jennifer Ann. (2005). Sexual Harassment Law: History, Cases and Theory Carolina Academic Press: Durham, North Carolina.
* MacKinnon, Catharine A. and Reva B. Siegel, eds.,. Directions in Sexual Harassment Law. New Haven, Yale University Press, 2003.
* MacKinnon, Catharine A. Sexual Harassment of Working Women: A Case of Sex Discrimination. New Haven, Yale University Press, 1979.
* Pellicciotti, Joseph M. Title VII Iiability for sexual harassment in the workplace. Alexandria, Va. International Personnel Management Association, 1988.
* Scatamburlo, Valerie L. 1998. Soldiers of Misfortune: The New Right's Culture War and the Politics of Political Correctness. Counterpoints series, Vol. 25. New York: Peter Lang.
* Schultz, Debra L. (1993). To Reclaim a Legacy of Diversity: Analyzing the "Political Correctness" Debates in Higher Education. New York: National Council for Research on Women.
* University of the Philippines, http://up.edu.ph “Policy on Sexual Harassment”
* Watson, Helen. "Red herrings and mystifications: Conflicting perceptions of sexual harassment," in Brant, Clare, and Too, Yun Lee, eds., Rethinking Sexual Harassment. Boulder, Colorado, Pluto Press, 1994.
* Wikipedia, free online encyclopedia: http://en.wikipedia.org/wiki/Sexual_harassment
*
APPENDICES
I. The Song Oleanna (1957) from which David Mamet derived the play’s title.
OLEANNA
(Translation from the Norwegian by Pete Seeger)
Ole, oleanna, ole, oleanna
ole, ole, ole, ole, ole, oleanna
Oh to be in Oleanna,
that's where I'd like to be
Than to be in Norway
and bear the chains of slavery
Little roasted piggies
rush around the city streets
Inquiring so politely
if a slice of ham you'd like to eat
Beer as sweet as muncheners
springs from the ground and flows away
The cows all like to milk themselves
And the hens lay eggs ten times a day
The women there do all the work
As round the fields they quickly go
Each one has a hickory stick
And beats herself if she works too slow
In Oleanna land is free
The wheat and corn just plant themselves
Then grow a good four feet a day
While on your bed you rest yourself
II. RA 7877. Sexual Harassment Law.
Republic of the Philippines
Congress of the Philippines
Metro, Manila
Third Regular Session
Begun and held in Metro, Manila, on Monday, the twenty- fifth day of July, nineteen hundred and ninety–four.
____
REPUBLIC ACT NO. 7877
AN ACT DECLARING SEXUAL HARASSMENT UNLAWFUL IN THE EMPLOYMENT, EDUACATION OR TRAINING ENVIRONMENT, AND FOR OTHER PURPOSES
Be it enacted by the Senate and House of Representatives of the Philippines in Congress assembled:
Section 1. Title. – This Act shall be known as the "Anti-Sexual Harassment Act of 1995."
Sec. 2. Declaration of Policy. – The State shall value the dignity of every individual, enhance the development of it human resources, guarantee full respect for human rights, and uphold the dignity of workers, employees, applicants for employment, students or those undergoing training, instruction or education. Towards this end, all forms of sexual harassment in the employment, education or training environment are hereby declared unlawful.
Sec. 3. Work, Education or Training-related Sexual Harassment Defined. – Work, education or training-related sexual harassment is committed by an employee, manager, supervisor, agent of the employer, teacher, instructor, professor, coach, trainor, or any other person who, having authority, influence or moral ascendancy over another in a work or training or education environment, demands, requests or otherwise requires any sexual favor from the other, regardless of whether the demand, request or requirement for submission is accepted by the object of said Act.
(a) In a work-related or employment environment, sexual harassment is committed when:
(1) The sexual favor is made as a condition in the hiring or in the employment, re-employment or continued employment of said individual, or in granting said individual favorable compensation, terms, conditions, promotions, or privileges; or the refusal to grant the sexual favor results in limiting, segregating or classifying the employee which in a way would discriminate, deprive or diminish employment opportunities or otherwise adversely affect said employee;
(2) The above acts would impair the employee’s rights or privileges under existing labor laws; or
(3) The above acts would result in an intimidating, hostile, or offensive environment for the employee.
(b) In an education or training environment, sexual harassment is committed:
(1) Against one who is under the care, custody or supervision of the offender;
(2) Against one whose education, training, apprenticeship or tutorship is entrusted to the offender;
(3) When the sexual favor is made a condition to the giving of a passing grade, or the granting of honors and scholarships, or the payment of a stipend, allowance or other benefits, privileges, or considerations; or
(4) When the sexual advances result in an intimidating, hostile or offensive environment for the student, trainee or apprentice.
Any person who directs or induces another to commit any act of sexual harassment as herein defined, or who cooperates in the commission thereof by another without which it would not have been committed, shall also be held liable under this Act.
Sec.4. Duty of the Employer or Head of Office in a Work-related, Education or Training Environment. – It shall be the duty of the employer or the head of the work-related, educational or training environment or institution, to prevent or deter the commission of acts of sexual harassment and to provide the procedures for the resolution, settlement or prosecution of acts of sexual harassment. Towards this end, the employer or head of office shall:
(a) Promulgate appropriate rules and regulations in consultation with the jointly approved by the employees or students or trainees, through their duly designated representatives, prescribing the procedure for the investigation or sexual harassment cases and the administrative sanctions therefor.
Administrative sanctions shall not be a bar to prosecution in the proper courts for unlawful acts of sexual harassment.
The said rules and regulations issued pursuant to this section (a) shall include, among others, guidelines on proper decorum in the workplace and educational or training institutions.
(c) Create a committee on decorum and investigation of cases on sexual harassment. The committee shall conduct meetings, as the case may be, with other officers and employees, teachers, instructors, professors, coaches, trainors and students or trainees to increase understanding and prevent incidents of sexual harassment. It shall also conduct the investigation of the alleged cases constituting sexual harassment.
In the case of a work-related environment, the committee shall be composed of at least one (1) representative each from the management, the union, if any, the employees from the supervisory rank, and from the rank and file employees.
In the case of the educational or training institution, the committee shall be composed of at least one (1) representative from the administration, the trainors, teachers, instructors, professors or coaches and students or trainees, as the case maybe.
"The employer or head of office, educational or training institution shall disseminate or post a copy of this Act for the information of all concerned.
Sec. 5. Liability of the Employer, Head of Office, Educational or Training Institution. – The employer or head of office, educational training institution shall be solidarily liable for damage arising from the acts of sexual harassment committed in the employment, education or training environment if the employer or head of office, educational or training institution is informed of such acts by the offended party and no immediate action is taken thereon.
Sec. 6. Independent Action for Damages. – Nothing in this Act shall preclude the victim of work, education or training-related sexual harassment from instituting a separate and independent action for damages and other affirmative relief.
Sec. 7. Penalties. – Any person who violates the provisions of this Act shall, upon conviction, be penalized by imprisonment of not less than one (1) month nor more than six (6) months, or a fine of not less than Ten thousand pesos (P10,000) nor more than Twenty thousand pesos (P20,000), or both such fine and imprisonment at the discretion of the court.
Any action arising from the violation of the provision of this Act shall prescribe in three (3) years.
Sec. 8. Separability Clause – If any portion or provision of this Act is declared void and unconstitutional, the remaining portions or provisions hereof shall not be affected by such declaration.
Sec.9. Repealing Clause. – All laws, decrees, orders, rules and regulations, other issuances, or parts thereof inconsistent with the provisions of this Act are hereby repealed or modified accordingly.
Sec.10. Effectivity Clause. – This Act shall take effect fifteen (15) days after its complete publication in at least two (2) national newspaper of general circulation.
Approved,
EDGARDO J. ANGARA
JOSE DE VENECIA, JR.
President of Senate
Speaker of the House
of Representatives
` This Act which is a consolidation of House Bill NO. 9425 and Senate Bill 1632 was finally passed by the House of Representatives and the Senate on February 8, 1995.
EDGARDO E. TUMANGAN
CAMILO L. SABIO
Secretary of the Senate
Secretary General
House of Representatives
Approved : Feb 14, 1995
FIDEL V. RAMOS
President of the Philippines
Appendix III.
OLEANNA, full script
http://staff.bcc.edu/jalexand/Mamet--Oleanna.htm#TWO
a play by
DAVID MAMET
© 1992
Act One
Act Two
Act Three
ONE
JOHN is talking on the phone. CAROL is seated across the desk from him.
JOHN (on phone): And what about the land. (Pause) The land. And what about the land? (Pause) What about it? (Pause) No. I don’t understand. Well, yes, I’m I’m … no, I’m sure it’s signif … I’m sure it’s significant. (Pause) Because it’s significant to mmmmmm … did you call Jerry? (Pause) Because … no, no, no, no, no. What did they say…? Did you speak to the real estate … where is she…? Well, well, all right. Where are her notes? Where are the notes we took with her. (Pause) I thought you were? No. No, I’m sorry, I didn’t mean that, I just thought that I saw you, when we were there … what…? I thought I saw you with a pencil. WHY NOW? Is what I’m say … well, that’s why I say “call Jerry.” Well, I can’t right now, be … no, I didn’t schedule any … Grace: I didn’t … I’m well aware … Look: Look. Did you call Jerry? Will you call Jerry…? Because I can’t now. I’ll be there, I’m sure I’ll be there in fifteen, in twenty. I intend to. No, we aren’t going to lose the, we aren’t going to lose the house. Look: look, I’m not minimizing it. The “easement.” Did she say “easement”? (Pause) What did she say; is it a “term of art,” are we bound by it … I’m sorry … (Pause) are: we: yes. Bound by … Look: (He checks his watch.) before the other side goes home, all right? “a term of art.” Because: that’s right (Pause) The yard for the boy. Well, that’s the whole … Look: I’m going to meet you there … (He checks his watch.) Is the realtor there? All right, tell her to show you the basement again. Look at the this because … Bec … I’m leaving in, I’m leaving in ten or fifteen … Yes. No, no, I’ll meet you at the new … That’s a good. If he thinks it’s necc … you tell Jerry to meet … All right? We aren’t going to lose the deposit. All right? I’m sure it’s going to be … (Pause) I hope so. (Pause) I love you, too. (Pause) I love you, too. As soon as … I will.
(He hangs up.) (He bends over the desk and makes a note.) (He looks up.) (To CAROL:) I’m sorry…
CAROL: (Pause) What is a “term of art”?
JOHN: (Pause) I’m sorry…?
CAROL: (Pause) What is a “term of art”?
JOHN: Is that what you want to talk about?
CAROL: …to talk about…?
JOHN: Let’s take the mysticism out of it, shall we? Carol? (Pause) Don’t you think? I’ll tell you: when you have some “thing.” Which must be broached. (Pause) Don’t you think…? (Pause)
CAROL: …don’t I think…?
JOHN: Mmm?
CAROL: …did I…?
JOHN: …what?
CAROL: Did … did I … did I say something wr…
JOHN: (Pause) No. I’m sorry. No. You’re right. I’m very sorry. I’m somewhat rushed. As you see. I’m sorry. You’re right. (Pause) What is a “term of art”? It seems to mean a term, which has come, through its use, to mean something more specific than the words would, to someone not acquainted with them … indicate. That, I believe, is what a “term of art,” would mean. (Pause)
CAROL: You don’t know what it means…?
JOHN: I’m not sure that I know what it means. It’s one of those things, perhaps you’ve had them, that, you look them up, or have someone explain them to you, and you say “aha,” and, you immediately forget what…
CAROL: You don’t do that.
JOHN: …I…?
CAROL: You don’t do…
JOHN: …I don’t, what…?
CAROL: …for…
JOHN: …I don’t for…
CAROL: …no…
JOHN: …forget things? Everybody does that.
CAROL: No, they don’t.
JOHN: They don’t…
CAROL: No.
JOHN: (Pause) No. Everybody does that.
CAROL: Why would they do that…?
JOHN: Because. I don’t know. Because it doesn’t interest them.
CAROL: No.
JOHN: I think so, though. (Pause) I’m sorry that I was distracted.
CAROL: You don’t have to say that to me.
JOHN: You paid me the compliment, or the “obeisance” – all right – of coming in here … All right. Carol. I find that I am at a standstill. I find that I…
CAROL: …what…
JOHN: …one moment. In regard to your … to your…
CAROL: Oh, oh. You’re buying a new house!
JOHN: No, let’s get on with it.
CAROL: “get on”? (Pause)
JOHN: I know how … believe me. I know how … potentially humiliating these … I have no desire to … I have no desire other than to help you. But: (He picks up some papers on his desk.) I won’t even say “but.” I’ll say that as I go back over the…
CAROL: I’m just, I’m just trying to…
JOHN: …no, it will not do.
CAROL: …what? What will…?
JOHN: No. I see, I see what you, it… (He gestures to the papers.) but your work…
CAROL: I’m just: I sit in class I… (She holds up her notebook.) I take notes…
JOHN (simultaneously with “notes”): Yes, I understand. What I am trying to tell you is that some, some basic…
CAROL: …I…
JOHN: …one moment: some basic missed communi…
CAROL: I’m doing what I’m told. I bought your book, I read your…
JOHN: No, I’m sure you…
CAROL: No, no, no. I’m doing what I’m told. It’s difficult for me. It’s difficult…
JOHN: …but…
CAROL: I don’t … lots of the language…
JOHN: …please…
CAROL: The language, the “things” that you say…
JOHN: I’m sorry. No. I don’t think that that’s true.
CAROL: It is true. I…
JOHN: I think…
CAROL: It is true.
JOHN: …I…
CAROL: Why would I…?
JOHN: I’ll tell you why: you’re an incredibly bright girl.
CAROL: …I…
JOHN: You’re an incredibly … you have no problem with the … Who’s kidding who?
CAROL: …I…
JOHN: No. No. I’ll tell you why. I’ll tell … I think you’re angry, I…
CAROL: …why would I…
JOHN: …wait one moment. I…
CAROL: It is true. I have problems…
JOHN: …every…
CAROL: …I come from a different social…
JOHN: …ev….
CAROL: a different economic…
JOHN: …Look:
CAROL: No. I: when I came to this school:
JOHN: Yes. Quite… (Pause)
CAROL: …does that mean nothing…?
JOHN: …but look: look…
CAROL: …I…
JOHN: (Picks up paper.) Here: Please: Sit down. (Pause) Sit down. (Reads from her paper.) “I think that the ideas contained in this work express the author’s feelings in a way that he intended, based on his results.” What can that mean? Do you see? What…
CAROL: I, the best that I…
JOHN: I’m saying, that perhaps this course…
CAROL: No, no, no, you can’t, you can’t … I have to…
JOHN: …how…
CAROL: …I have to pass it…
JOHN: Carol, I:
CAROL: I have to pass this course, I…
JOHN: Well.
CAROL: …don’t you…
JOHN: Either the…
CAROL: …I…
JOHN: …either the, I … either the criteria for judging progress in the class are…
CAROL: No, no, no, no, I have to pass it.
JOHN: Now, look: I’m a human being, I…
CAROL: I did what you told me. I did, I did everything that, I read your book, you told me to buy your book and read it. Everything you say I… (She gestures to her notebook.) (The phone rings.) I do. …Ev…
JOHN: …look:
CAROL: …everything I’m told…
JOHN: Look. Look. I’m not your father. (Pause)
CAROL: What?
JOHN: I’m.
CAROL: Did I say you were my father?
JOHN: …no…
CAROL: Why did you say that…?
JOHN: I…
CAROL: …why…?
JOHN: …in class I… (He picks up the phone.) (Into phone:) Hello. I can’t talk now. Jerry? Yes? I underst … I can’t talk now. I know … I know … Jerry. I can’t talk now. Yes, I. Call me back in … Thank you. (He hangs up.) (To CAROL:) What do you want me to do? We are two people, all right? Both of whom have subscribed to…
CAROL: No, no…
JOHN: …certain arbitrary…
CAROL: No. You have to help me.
JOHN: Certain institutional … you tell me what you want me to do … You tell me what you want me to…
CAROL: How can I go back and tell them the grades that I…
JOHN: …what can I do…?
CAROL: Teach me. Teach me.
JOHN: …I’m trying to teach you.
CAROL: I read your book. I read it. I don’t under…
JOHN: …you don’t understand it.
CAROL: No.
JOHN: Well, perhaps it’s not well written…
CAROL (simultaneously with “written”): No. No. No. I want to understand it.
JOHN: What don’t you understand? (Pause)
CAROL: Any of it. What you’re trying to say. When you talk about…
JOHN: …yes…? (She consults her notes.)
CAROL: “Virtual warehousing of the young”…
JOHN: “Virtual warehousing of the young.” If we artificially prolong adolescence…
CAROL: …and about “The Curse of Modern Education.”
JOHN: …well…
CAROL: I don’t…
JOHN: Look. It’s just a course, it’s just a book, it’s just a…
CAROL: No. No. There are people out there. People who came here. To know something they didn’t know. Who came here. To be helped. To be helped. So someone would help them. To do something. To know something. To get, what do they say? “To get on in the world.” How can I do that if I don’t, if I fail? But I don’t understand. I don’t understand. I don’t understand what anything means … and I walk around. From morning ‘til night: with this one thought in my head. I’m stupid.
JOHN: No one thinks you’re stupid.
CAROL: No? What am I…?
JOHN: I…
CAROL: …what am I, then?
JOHN: I think you’re angry. Many people are. I have a telephone call that I have to make. And an appointment, which is rather pressing; though I sympathize with your concerns, and though I wish I had the time, this was not a previously scheduled meeting and I…
CAROL: …you think I’m nothing…
JOHN: …have an appointment with a realtor, and with my wife and…
CAROL: You think that I’m stupid.
JOHN: No. I certainly don’t.
CAROL: You said it.
JOHN: No. I did not.
CAROL: You did.
JOHN: When?
CAROL: …you…
JOHN: No. I never did, or never would say that to a student, and…
CAROL: You said, “What can that mean?” (Pause) “What can that mean” … (Pause)
JOHN: …and what did that mean to you…?
CAROL: That meant I’m stupid. And I’ll never learn. That’s what that meant. And you’re right.
JOHN …I…
CAROL: But then. But then, what am I doing here…?
JOHN: …if you thought that I…
CAROL: …when nobody wants me, and…
JOHN: …if you interpreted…
CAROL: Nobody tells me anything. And I sit there … in the corner. In the back. And everybody’s talking about “this” all the time. And “concepts,” and “precepts” and, and, and, and, and, WHAT IN THE WORLD ARE YOU TALKING ABOUT? And I read your book. And they said, “Fine, go in that class.” Because you talked about responsibility to the young. I DON’T KNOW WHAT IT MEANS AND I’M FAILING…
JOHN: May…
CAROL: No, you’re right. “Oh, hell.” I failed. Flunk me out of it. It’s garbage. Everything I do. “The ideas contained in this work express the author’s feelings.” That’s right. That’s right. I know I’m stupid. I know what I am. (Pause) I know what I am, Professor. You don’t have to tell me. (Pause) It’s pathetic. Isn’t it?
JOHN: …Aha… (Pause) Sit down. Sit down. Please. (Pause) Please sit down.
CAROL: Why?
JOHN: I want to talk to you.
CAROL: Why?
JOHN: Just sit down. (Pause) Please. Sit down. Will you, please…? (Pause. She does so.) Thank you.
CAROL: What?
JOHN: I want to tell you something.
CAROL: (Pause) What?
JOHN: Well, I know what you’re talking about.
CAROL: No. You don’t.
JOHN: I think I do. (Pause)
CAROL: How can you?
JOHN: I’ll tell you a story about myself. (Pause) Do you mind? (Pause) I was raised to think myself stupid. That’s what I want to tell you. (Pause)
CAROL: What do you mean?
JOHN: Just what I said. I was brought up, and my earliest, and most persistent memories are of being told that I was stupid. “You have such intelligence. Why must you behave so stupidly?” Or, “Can’t you understand? Can’t you understand?” And I could not understand. I could not understand.
CAROL: What?
JOHN: The simplest problem. Was beyond me. It was a mystery.
CAROL: What was a mystery?
JOHN: How people learn. How I could learn. Which is what I’ve been speaking of in class. And of course you can’t hear it. Carol. Of course you can’t. (Pause) I used to speak of “real people,” and wonder what the real people did. The real people. Who were they? They were the people other than myself. The good people. The capable people. The people who could do the things, I could not do: learn, study, retain … all that garbage – which is what I have been talking of in class, and that’s exactly what I have been talking of – If you are told … Listen to this. If the young child is told he cannot understand. Then he takes it as a description of himself. What am I? I am that which can not understand. And I saw you out there, when we were speaking of the concepts of…
CAROL: I can’t understand any of them.
JOHN: Well, then, that’s my fault. That’s not your fault. And that is not verbiage. That’s what I firmly hold to be the truth. And I am sorry, and I owe you an apology.
CAROL: Why?
JOHN: And I suppose that I have had some things on my mind. … We’re buying a house, and…
CAROL: People said that you were stupid…?
JOHN: Yes.
CAROL: When?
JOHN: I’ll tell you when. Through my life. In my childhood; and, perhaps, they stopped. But I heard them continue.
CAROL: And what did they say?
JOHN: They said I was incompetent. Do you see? And when I’m tested the, the, the feelings of my youth about the very subject of learning come up. And I … I become, I feel “unworthy,” and “unprepared.” …
CAROL: …yes.
JOHN: …eh?
CAROL: …yes.
JOHN: And I feel that I must fail. (Pause)
CAROL: …but then you do fail. (Pause) You have to. (Pause) Don’t you?
JOHN: A pilot. Flying a plane. The pilot is flying the plane. He thinks: Oh, my God, my mind’s been drifting! Oh, my God! What kind of a cursed imbecile am I, that I, with this so precious cargo of Life in my charge, would allow my attention to wander. Why was I born? How deluded are those who put their trust in me, … et cetera, so on, and he crashes the plane.
CAROL: (Pause) He could just…
JOHN: That’s right.
CAROL: He could say:
JOHN: My attention wandered for a moment…
CAROL: …uh huh…
JOHN: I had a thought I did not like … but now:
CAROL: …but now it’s…
JOHN: That’s what I’m telling you. It’s time to put my attention … see: it is not: this is what I learned. It is Not Magic. Yes. Yes. You. You are going to be frightened. When faced with what may or may not be but which you are going to perceive as a test. You will become frightened. And you will say: “I am incapable of…” and everything in you will think these two things. “I must. But I can’t.” And you will think: Why was I born to be the laughingstock of a world in which everyone is better than I? In which I am entitled to nothing. Where I can not learn.
(Pause)
CAROL: Is that… (Pause) Is that what I have…?
JOHN: Well. I don’t know if I’d put it that way. Listen: I’m talking to you as I’d talk to my son. Because that’s what I’d like him to have that I never had. I’m talking to you the way I wish that someone had talked to me. I don’t know how to do it, other than to be personal, …but…
CAROL: Why would you want to be personal with me?
JOHN: Well, you see? That’s what I’m saying. We can only interpret the behavior of others through the screen we… (The phone rings.) Through… (To phone:) Hello…? (To CAROL:) Through the screen we create. (To phone:) Hello. (To CAROL:) Excuse me a moment. (To phone:) Hello? No, I can’t talk nnn … I know I did. In a few … I’m … is he coming to the … yes. I talked to him. We’ll meet you at the No, because I’m with a student. It’s going to be fff… This is important, too. I’m with a student, Jerry’s going to… Listen: the sooner I get off, the sooner I’ll be down, all right. I love you. Listen, listen, I said “I love you,” it’s going to work out with the, because I feel that it is, I’ll be right down. All right? Well, then it’s going to take as long as it takes. (He hangs up.) (To CAROL:) I’m sorry.
CAROL: What was that?
JOHN: There are some problems, as there usually are, about the final agreements for the new house.
CAROL: You’re buying a new house.
JOHN: That’s right.
CAROL: Because of your promotion.
JOHN: Well, I suppose that that’s right.
CAROL: Why did you stay here with me?
JOHN: Stay here.
CAROL: Yes. When you should have gone.
JOHN: Because I like you.
CAROL: You like me.
JOHN: Yes.
CAROL: Why?
JOHN: Why? Well? Perhaps we’re similar. (Pause) Yes. (Pause)
CAROL: You said “everyone has problems.”
JOHN: Everyone has problems.
CAROL: Do they?
JOHN: Certainly.
CAROL: You do?
JOHN: Yes.
CAROL: What are they?
JOHN: Well. (Pause) Well, you’re perfectly right. (Pause) If we’re going to take off the Artificial Stricture, of “Teacher,” and “Student,” why should my own problems be any more a mystery than your own? Of course I have problems. As you saw.
CAROL: …with what?
JOHN: With my wife … with work…
CAROL: With work?
JOHN: Yes. And, and, perhaps my problems are, do you see? Similar to yours.
CAROL: Would you tell me?
JOHN: All right. (Pause) I came late to teaching. And I found it Artificial. The notion of “I know and you do not”; and I saw an exploitation in the education process. I told you. I hated school, I hated teachers. I hated everyone who was in the position of a “boss” because I knew – I didn’t think, mind you, I knew I was going to fail. Because I was a fuckup. I was just no goddamned good. When I … late in life … (Pause) When I got out from under … when I worked my way out of the need to fail. When I…
CAROL: How do you do that? (Pause)
JOHN: You have to look at what you are, and what you feel, and how you act. And, finally, you have to look at how you act. And say: If that’s what I did, that must be how I think of myself.
CAROL: I don’t understand.
JOHN: If I fail all the time, it must be that I think of myself as a failure. If I do not want to think of myself as a failure, perhaps I should begin by succeeding now and again. Look. The tests, you see, which you encounter, in school, in college, in life, were designed, in the most part, for idiots. By idiots. There is no need to fail at them. They are not a test of your worth. They are a test of your ability to retain and spout back misinformation. Of course you fail them. They’re nonsense. And I…
CAROL: …no…
JOHN: Yes. They’re garbage. They’re a joke. Look at me. Look at me. The Tenure Committee. The Tenure Committee. Come to judge me. The Bad Tenure Committee.
The “Test.” Do you see? They put me to the test. Why, they had people voting on me I wouldn’t employ to wax my car. And yet, I go before the Great Tenure Committee, and I have an urge, to vomit, to, to, to puke my badness on the table, to show them: “I’m not good. Why would you pick me?”
CAROL: They granted you tenure.
JOHN: Oh no, they announced it, but they haven’t signed. Do you see? “At any moment…”
CAROL: …mmm…
JOHN: “They might not sign” … I might not … the house might not go through … Eh? Eh? They’ll find out my “dark secret.” (Pause)
CAROL: …what is it…?
JOHN: There isn’t one. But they will find an index of my badness…
CAROL: Index?
JOHN: A “…pointer.” A “Pointer.” You see? Do you see? I understand you. I. Know. That. Feeling. Am I entitled to my job, and my nice home, and my wife, and my family, and so on. This is what I’m saying: That theory of education which, that theory:
CAROL: I… I… (Pause)
JOHN: What?
CAROL: I…
JOHN: What?
CAROL: I want to know about my grade. (Long pause)
JOHN: Of course you do.
CAROL: Is that bad?
JOHN: No.
CAROL: Is it bad that I asked you that?
JOHN: No.
CAROL: Did I upset you?
JOHN: No. And I apologize. Of course you want to know about your grade. And, of course, you can’t concentrate on anyth… (The telephone starts to ring.) Wait a moment.
CAROL: I should go.
JOHN: I’ll make you a deal.
CAROL: No, you have to…
JOHN: Let it ring. I’ll make you a deal. You stay here. We’ll start the whole course over. I’m going to say it was not you, it was I who was not paying attention. We’ll start the whole course over. Your grade is an “A.” Your final grade is an “A.” (The phone stops ringing.)
CAROL: But the class is only half over…
JOHN (simultaneously with “over”): Your grade for the whole term is an “A.” If you will come back and meet with me. A few more times. Your grade’s an “A.” Forget about the paper. You didn’t like it, you didn’t like writing it. It’s not important. What’s important is that I awake your interest, if I can, and that I answer your questions. Let’s start over. (Pause)
CAROL: Over. With what?
JOHN: Say this is the beginning.
CAROL: The beginning.
JOHN: Yes.
CAROL: Of what?
JOHN: Of the class.
CAROL: But we can’t start over.
JOHN: I say we can. (Pause) I say we can.
CAROL: But I don’t believe it.
JOHN: Yes, I know that. But it’s true. What is The Class but you and me? (Pause)
CAROL: There are rules.
JOHN: Well. We’ll break them.
CAROL: How can we?
JOHN: We won’t tell anybody.
CAROL: Is that all right?
JOHN: I say that it’s fine.
CAROL: Why would you do this for me?
JOHN: I like you. Is that so difficult for you to…
CAROL: Um…
JOHN: There’s no one here but you and me. (Pause)
CAROL: All right. I did not understand. When you referred…
JOHN: All right, yes?
CAROL: When you referred to hazing.
JOHN: Hazing.
CAROL: You wrote, in your book. About the comparative … in the comparative … (She checks her notes.)
JOHN: Are you checking your notes…?
CAROL: Yes.
JOHN: Tell me in your own…
CAROL: I want to make sure that I have it right.
JOHN: No. Of course. You want to be exact.
CAROL: I want to know everything that went on.
JOHN: …that’s good.
CAROL: …so I…
JOHN: That’s very good. But I was suggesting, many times, that that which we wish to retain is retained oftentimes, I think, better with less expenditure of effort.
CAROL: (Of notes) Here it is: you wrote of hazing.
JOHN: …that’s correct. Now: I said “hazing.” It means ritualized annoyance. We shove this book at you, we say read it. Now, you say you’ve read it? I think that you’re lying. I’ll grill you, and when I find you’ve lied, you’ll be disgraced, and your life will be ruined. It’s a sick game. Why do we do it? Does it educate? In no sense. Well, then, what is higher education? It is something-other-than-useful.
CAROL: What is “something-other-than-useful?”
JOHN: It has become a ritual, it has become an article of faith. That all must be subjected to, or to put it differently, that all are entitled to Higher Education. And my point…
CAROL: You disagree with that?
JOHN: Well, let’s address that. What do you think?
CAROL: I don’t know
JOHN: What do you think, though? (Pause)
CAROL: I don’t know.
JOHN: I spoke of it in class. Do you remember my example?
CAROL: Justice.
JOHN: Yes. Can you repeat it to me? (She looks down at her notebook.) Without your notes? I ask you as a favor to me, so that I can see if my idea was interesting.
CAROL: You said “justice”…
JOHN: Yes?
CAROL: …that all are entitled … (Pause) I … I … I …
JOHN: Yes. To a speedy trial. To a fair trial. But they needn’t be given a trial at all unless they stand accused. Eh? Justice is their right, should they choose to avail themselves of it, they should have a fair trial. It does not follow, of necessity, a person’s life is incomplete without a trial in it. Do you see?
My point is a confusion between equity and utility arose. So we confound the usefulness of higher education with our, granted, right to equal access to the same. We, in effect, create a prejudice toward it, completely independent of…
CAROL: …that it is prejudice that we should go to school?
JOHN: Exactly. (Pause)
CAROL: How can you say that? How…
JOHN: Good. Good. Good. That’s right! Speak up! What is a prejudice? An unreasoned belief. We are all subject to it. None of us is not. When it is threatened, or opposed, we feel anger, and feel, do we not? As you do now. Do you not? Good.
CAROL: …but how can you…
JOHN: …let us examine. Good.
CAROL: How…
JOHN: Good. Good. When…
CAROL: I’M SPEAKING… (Pause)
JOHN: I’m sorry.
CAROL: How can you…
JOHN: …I beg your pardon.
CAROL: That’s all right.
JOHN: I beg your pardon.
CAROL: That’s all right.
JOHN: I’m sorry I interrupted you.
CAROL: That’s all right.
JOHN: You were saying?
CAROL: I was saying … I was saying … (She checks her notes.) How can you say in a class. Say in a college class, that college education is prejudice?
JOHN: I said that our predilection for it…
CAROL: Predilection…
JOHN: …you know what that means.
CAROL: Does it mean “liking”?
JOHN: Yes.
CAROL: But how can you say that? That College…
JOHN: …that’s my job, don’t you know.
CAROL: What is?
JOHN: To provoke you.
CAROL: No.
JOHN: Oh. Yes, though.
CAROL: To provoke me?
JOHN: That’s right.
CAROL: To make me mad?
JOHN: That’s right. To force you…
CAROL: …to make me mad is your job?
JOHN: To force you to … listen: (Pause) Ah. (Pause) When I was young somebody told me, are you ready, the rich copulate less often than the poor. But when they do, they take more of their clothes off. Years. Years, mind you, I would compare experiences of my own to this dictum, saying, aha, that fits the norm, or ah, this is a variation from it. What did it mean? Nothing. It was some jerk thing, some school kid told me that took up room inside my head. (Pause)
Somebody told you, and you hold it as an article of faith, that higher education is an unassailable good. This notion is so dear to you that when I question it you become angry. Good. Good, I say. Are not those the very things which we should question? I say college education, since the war, has become so a matter of course, and such a fashionable necessity, for those either of or aspiring to to the new vast middle class, that we espouse it, as a matter of right, and have ceased to ask, “What is it good for?” (Pause)
What might be some reasons for pursuit of higher education?
One: A love of learning.
Two: The wish for mastery of a skill.
Three: For economic betterment.
(Stops. Makes a note.)
CAROL: I’m keeping you.
JOHN: One moment. I have to make a note…
CAROL: It’s something that I said?
JOHN: No, we’re buying a house.
CAROL: You’re buying the new house.
JOHN: To go with the tenure. That’s right. Nice house, close to the private school… (He continues making his note.) … We were talking of economic betterment (CAROL writes in her notebook.) … I was thinking of the School Tax. (He continues writing.) (To himself:) … where is it written that I have to send my child to public school. … Is it a law that I have to improve the City Schools at the expense of my own interest? And, is this not simply The White Man’s Burden? Good. And (Looks up to CAROL) … does this interest you?
CAROL: No. I’m taking notes…
JOHN: You don’t have to take notes, you know, you can just listen.
CAROL: I want to make sure I remember it. (Pause)
JOHN: I’m not lecturing you, I’m just trying to tell you some things I think.
CAROL: What do you think?
JOHN: Should all kids go to college? Why…
CAROL: (Pause) To learn.
JOHN: But if he does not learn.
CAROL: If the child does not learn?
JOHN: Then why is he in college? Because he was told it was his “right”?
CAROL: Some might find college instructive.
JOHN: I would hope so.
CAROL: But how do they feel? Being told they are wasting their time?
JOHN: I don’t think I’m telling them that.
CAROL: You said that education was “prolonged and systematic hazing.”
JOHN: Yes. It can be so.
CAROL: …if education is so bad, why do you do it?
JOHN: I do it because I love it. (Pause) Let’s … I suggest you look at the demographics, wage-earning capacity, college- and non-college-educated men and women, 1855 to 1980, and let’s see if we can wring some worth from the statistics. Eh? And…
CAROL: No.
JOHN: What?
CAROL: I can’t understand them.
JOHN: …you…?
CAROL: …the “charts.” The Concepts, the…
JOHN: “Charts” are simply…
CAROL: When I leave here…
JOHN: Charts, do you see…
CAROL: No, I can’t…
JOHN: You can, though.
CAROL: NO, NO – I DON’T UNDERSTAND. DO YOU SEE??? I DON’T UNDERSTAND…
JOHN: What?
CAROL: Any of it. Any of it. I’m smiling in class, I’m smiling, the whole time. What are you talking about? What is everyone talking about? I don’t understand. I don’t know what it means. I don’t know what it means to be here … you tell me I’m intelligent, and then you tell me I should not be here, what do you want with me? What does it mean? Who should I listen to … I …
(He goes over to her and puts his arm around her shoulder.)
NO! (She walks away from him.)
JOHN: Sshhhh.
CAROL: No, I don’t under…
JOHN: Sshhhhh.
CAROL: I don’t know what you’re saying…
JOHN: Sshhhhh. It’s all right.
CAROL: …I have no…
JOHN: Sshhhhh. Sshhhhh. Let it go a moment. (Pause) Sshhhh … let it go. (Pause) Just let it go. (Pause) Just let it go. It’s all right. (Pause) Sshhhhh. (Pause) I understand … (Pause) What do you feel?
CAROL: I feel bad.
JOHN: I know. It’s all right.
CAROL: I… (Pause)
JOHN: What?
CAROL: I…
JOHN: What? Tell me.
CAROL: I don’t understand you.
JOHN: I know. It’s all right.
CAROL: I…
JOHN: What? (Pause) What? Tell me.
CAROL: I can’t tell you.
JOHN: No, you must.
CAROL: I can’t.
JOHN: No. Tell me. (Pause)
CAROL: I’m bad. (Pause) Oh, God. (Pause)
JOHN: It’s all right.
CAROL: I’m…
JOHN: It’s all right.
CAROL: I can’t talk about this.
JOHN: It’s all right. Tell me.
CAROL: Why do you want to know this?
JOHN: I don’t want to know. I want to know whatever you…
CAROL: I always…
JOHN: …good…
CAROL: I always … all my life … I have never told anyone this…
JOHN: Yes. Go on. (Pause) Go on.
CAROL: All of my life… (The phone rings.) (Pause. JOHN goes to the phone and picks it up.)
JOHN (into phone): I can’t talk now. (Pause) What? (Pause) Hmm. (Pause) All right, I … I. Can’t. Talk. Now. No, no, no, I Know I did, but … What? Hello. What? She what? She can’t, she said the agreement is void? How, how is the agreement void? That’s Our House.
I have the paper; when we come down, next week, with the payment, and the paper, that house is … wait, wait, wait, wait, wait, wait, wait: Did Jerry … is Jerry there? (Pause) Is she there…? Does she have a lawyer…? How the hell, how the Hell. That is … it’s a question, you said, of the easement. I don’t underst … it’s not the whole agreement. It’s just the easement, why would she? Put, put, put, Jerry on. (Pause) Jer, Jerry: What the Hell … that’s my house. That’s … Well, I’m, no, no, no, I’m not coming ddd … List, Listen, screw her. You tell her. You, listen: I want you to take Grace, you take Grace, and get out of that house. You leave her there. Her and her lawyer, and you tell them, we’ll see them in court next … no. No. Leave her there, leave her to stew in it: You tell her, we’re getting that house, and we are going to … No. I’m not coming down. I’ll be damned if I’ll sit in the same rrr … the next, you tell her the next time I see her is in court … I … (Pause) What? (Pause) What? I don’t understand. (Pause) Well, what about the house? (Pause) There isn’t any problem with the hhh… (Pause) No, no, no, that’s all right. All ri … All right… (Pause) Of course. Tha … Thank you. No, I will. Right away. (He hangs up.) (Pause)
CAROL: What is it? (Pause)
JOHN: It’s a surprise party.
CAROL: It is.
JOHN: Yes.
CAROL: A party for you.
JOHN: Yes.
CAROL: Is it your birthday?
JOHN: No.
CAROL: What is it?
JOHN: The tenure announcement.
CAROL: The tenure announcement.
JOHN: They’re throwing a party for us in our new house.
CAROL: Your new house.
JOHN: The house that we’re buying.
CAROL: You have to go.
JOHN: It seems that I do.
CAROL: (Pause) They’re proud of you.
JOHN: Well, there are those who would say it’s a form of aggression.
CAROL: What is?
JOHN: A surprise.
TWO
JOHN and CAROL seated across the desk from each other.
JOHN: You see, (pause) I love to teach. And flatter myself I am skilled at it. And I love the, the aspect of performance. I think I must confess that.
When I found I loved to teach I swore that I would not become that cold, rigid automaton of an instructor which I had encountered as a child.
Now, I was not unconscious that it was given me to err upon the other side. And, so, I asked and ask myself if I engaged in heterodoxy, I will not say “gratuitously” for I do not care to posit orthodoxy as a given good – but, “to the detriment of, of my students.” (Pause)
As I said. When the possibility of tenure opened, and, of course, I’d long pursued it, I was, of course happy, and covetous of it.
I asked myself if I was wrong to covet it. And thought about it long, and, I hope, truthfully, and saw in myself several things in, I think, no particular order. (Pause)
That I would pursue it. That I desired it, that I was not pure of longing for security, and that that, perhaps, was not reprehensible in me. That I had duties beyond the school, and that my duty to my home, for instance, was, or should be, if it were not, of an equal weight. That tenure, and security, and yes, and comfort, were not, of themselves, to be scorned; and were even worthy of honorable pursuit. And that it was given me. Here, in this place, which I enjoy, and in which I find comfort, to assure myself of – as far as it rests in The Material – a continuation of that joy and comfort. In exchange for what? Teaching. Which I love.
What was the price of this security? To obtain tenure. Which tenure the committee is in the process of granting me. And on the basis of which I contracted to purchase a house. Now, as you don’t have your own family, at this point, you may not know what that means. But to me it is important. A home. A Good Home. To raise my family. Now: The Tenure Committee will meet. This is the process, and a good process. Under which the school has functioned for quite a long time. They will meet, and hear your complaint – which you have the right to make; and they will dismiss it. They will dismiss your complaint; and, in the intervening period, I will love my house. I will not be able to close on my house. I will lose my deposit, and the home I’d picked out for my wife and son will go by the boards. Now: I see I have angered you. I understand your anger at teachers. I was angry with mine. I felt hurt and humiliated by them. Which is one of the reasons that I went into education.
CAROL: What do you want of me?
JOHN: (Pause) I was hurt. When I received the report. Of the tenure committee. I was shocked. And I was hurt. No, I don’t mean to subject you to my weak sensibilities. All right. Finally, I didn’t understand. Then I thought: is it not always at those points at which we reckon ourselves unassailable that we are most vulnerable and … (Pause) Yes. All right. You find me pedantic. Yes. I am. By nature, by birth, by profession, I don’t know … I’m always looking for a paradigm for…
CAROL: I don’t know what a paradigm is.
JOHN: It’s a model.
CAROL: Then why can’t you use that word? (Pause)
JOHN: If it is important to you. Yes, all right. I was looking for a model. To continue: I feel that one point…
CAROL: I…
JOHN: One second … upon which I am unassailable is my unflinching concern for my students’ dignity. I asked you here to … in the spirit of investigation, to ask you … to ask … (Pause) What have I done to you? (Pause) And, and, I suppose, how I can make amends. Can we not settle this now? It’s pointless, really, and I want to know.
CAROL: What you can do to force me to retract?
JOHN: That is not what I meant at all.
CAROL: To bribe me, to convince me…
JOHN: …No.
CAROL: To retract…
JOHN: That is not what I meant at all. I think that you know it is not.
CAROL: That is not what I know. I wish I…
JOHN: I do not want to … you wish what?
CAROL: No, you said what amends can you make. To force me to retract.
JOHN: That is not what I said.
CAROL: I have my notes.
JOHN: Look. Look. The Stoics say…
CAROL: The Stoics?
JOHN: The Stoical Philosophers say if you remove the phrase “I have been injured,” you have removed the injury. Now: Think: I know that you’re upset. Just tell me. Literally. Literally: what wrong have I done you?
CAROL: Whatever you have done to me – to the extent that you’ve done it to me, do you know, rather than to me as a student, and, so, to the student body, is contained in my report. To the tenure committee.
JOHN: Well, all right. (Pause) Let’s see. (He reads.) I find that I am sexist. That I am elitist. I’m not sure I know what that means, other than it’s a derogatory word, meaning “bad.” That I … That I insist on wasting time, in nonprescribed, in self-aggrandizing and theatrical diversions from the prescribed text … that these have taken both sexist and pornographic forms … here we find listed… (Pause) Here we find listed … instances “…closeted with a student” … “Told a rambling, sexually explicit story, in which the frequency and attitudes of fornication of the poor and rich are, it would seem, the central point … moved to embrace said student and … all part of a pattern…” (Pause)
(He reads.) That I used the phrase “The White Man’s Burden” …that I told you how I’d asked you to my room because I quote like you. (Pause)
(He reads.) “He said he ‘liked’ me. That he ‘liked being with me.’ He’d let me write my examination paper over, if I could come back oftener to see him in his office.” (Pause) (To CAROL:) It’s ludicrous. Don’t you know that? It’s not necessary. It’s going to humiliate you, and it’s going to cost me my house, and…
CAROL: It’s “ludicrous…”?
(JOHN picks up the report and reads again.)
JOHN: “He told me he had problems with his wife; and that he wanted to take off the artificial stricture of Teacher and Student. He put his arm around me…”
CAROL: Do you deny it? Can you deny it…? Do you see? (Pause) Don’t you see? You don’t see, do you?
JOHN: I don’t see…
CAROL: You think, you think you can deny that these things happened; or, if they did, if they did, that they meant what you said they meant. Don’t you see? You drag me in here, you drag us, to listen to you “go on”; and “go on” about this, or that, or we don’t “express” ourselves very well. We don’t say what we mean. Don’t we? Don’t we? We do say what we mean. And you say that “I don’t understand you…”: Then you… (Points.)
JOHN: “Consult the Report”?
CAROL: …that’s right.
JOHN: You see. You see. Can’t you … You see what I’m saying? Can’t you tell me in your own words?
CAROL: Those are my own words. (Pause)
JOHN: (He reads.) “He told me that if I would stay alone with him in his office, he would change my grade to an A.” (To CAROL:) What have I done to you? Oh. My God, are you so hurt?
CAROL: What I “feel” is irrelevant. (Pause)
JOHN: Do you know that I tried to help you?
CAROL: What I know I have reported.
JOHN: I would like to help you now. I would. Before this escalates.
CAROL (simultaneously with “escalates”): You see. I don’t think that I need your help. I don’t think I need anything you have.
JOHN: I feel…
CAROL: I don’t care what you feel. Do you see? DO YOU SEE? You can’t do that anymore. You. Do. Not. Have. The. Power. Did you misuse it? Someone did. Are you part of that group? Yes. Yes. You Are. You’ve done these things. And to say, and to say, “Oh. Let me help you with your problem…”
JOHN: Yes. I understand. I understand. You’re hurt. You’re angry. Yes. I think your anger is betraying you. Down a path which helps no one.
CAROL: I don’t care what you think.
JOHN: You don’t? (Pause) But you talk of rights. Don’t you see? I have rights too. Do you see? I have a house … part of the real world; and The Tenure Committee, Good Men and True…
CAROL: …Professor…
JOHN: …Please: Also part of that world: you understand? This is my life. I’m not a bogeyman. I don’t “stand” for something, I…
CAROL: …Professor…
JOHN: …I…
CAROL: Professor. I came here as a favor. At your personal request. Perhaps I should not have done so. But I did. On my behalf, and on behalf of my group. And you speak of the tenure committee, one of whose members is a woman, as you know. And though you might call it Good Fun, or An Historical Phrase, or An Oversight, or, All of the Above, to refer to the committee as Good Men and True, it is a demeaning remark. It is a sexist remark, and to overlook it is to countenance continuation of that method of thought. It’s a remark…
JOHN: OH COME ON. Come on… Sufficient to deprive a family of…
CAROL: Sufficient? Sufficient? Sufficient? Yes. It is a fact… and that story, which I quote, is vile and classist, and manipulative and pornographic. It…
JOHN: …it’s pornographic…?
CAROL: What gives you the right. Yes. To speak to a woman in your private… Yes. Yes. I’m sorry. I’m sorry. You feel yourself empowered … you say so yourself. To strut. To posture. To “perform.” To “Call me in here…” Eh? You say that higher education is a joke. And treat it as such, you treat it as such. And confess to a taste to play the Patriarch in your class. To grant this. To deny that. To embrace your students.
JOHN: How can you assert. How can you stand there and…
CAROL: How can you deny it. You did it to me. Here. You did… You confess. You love the Power. To deviate. To invent, to transgress … to transgress whatever norms have been established for us. And you think it’s charming to “question” in yourself this taste to mock and destroy. But you should question it. Professor. And you pick those things which you feel advance you: publication, tenure, and the steps to get them you call “harmless rituals.” And you perform those steps. Although you say it is hypocrisy. But to the aspirations of your students. Of hardworking students, who come here, who slave to come here – you have no idea what it cost me to come to this school – you mock us. You call education “hazing,” and from your so-protected, so-elitist seat you hold our confusion as a joke, and our hopes and efforts with it. Then you sit there and say “what have I done?” And ask me to understand that you have aspirations too. But I tell you. I tell you. That you are vile. And that you are exploitative. And if you possess one ounce of that inner honesty you describe in your book, you can look in yourself and see those things that I see. And you can find revulsion equal to my own. Good day. (She prepares to leave the room.)
JOHN: Wait a second, will you, just one moment. (Pause) Nice day today.
CAROL: What?
JOHN: You said “Good day.” I think that it is a nice day today.
CAROL: Is it?
JOHN: Yes, I think it is.
CAROL: And why is that important?
JOHN: Because it is the essence of all human communication. I say something conventional, you respond, and the information we exchange is not about the “weather,” but that we both agree to converse. In effect, we agree that we are both human. (Pause)
I’m not a … “exploiter,” and you’re not a … “deranged,” what? Revolutionary … that we may, that we may have … positions, and that we may have … desires, which are in conflict, but that we’re just human. (Pause) That means that sometimes we’re imperfect. (Pause) Often we’re in conflict… (Pause) Much of what we do, you’re right, in the name of “principles” is self-serving … much of what we do is conventional. (Pause) You’re right. (Pause) You said you came in the class because you wanted to learn about education. I don’t know that I can teach you about education. But I know that I can tell you what I think about education, and then you decide. And you don’t have to fight with me. I’m not the subject. (Pause) And where I’m wrong … perhaps it’s not your job to “fix” me. I don’t want to fix you. I would like to tell you what I think, because that is my job, conventional as it is, and flawed as I may be. And then, if you can show me some better form, then we can proceed from there. But, just like “nice day, isn’t it…?” I don’t think we can proceed until we accept that each of us is human. (Pause) And we still can have difficulties. We will have them … that’s all right too. (Pause) Now:
CAROL: …wait…
JOHN: Yes. I want to hear it.
CAROL: …the…
JOHN: Yes. Tell me frankly.
CAROL: …my position…
JOHN: I want to hear it. In your own words. What you want. And what you feel.
CAROL: …I…
JOHN: …yes…
CAROL: My Group.
JOHN: Your “Group”…? (Pause)
CAROL: The people I’ve been talking to…
JOHN: There’s no shame in that. Everybody needs advisers. Everyone needs to expose themselves. To various points of view. It’s not wrong. It’s essential. Good. Good. Now: You and I … (The phone rings.)
You and I…
(He hesitates for a moment, and then picks it up.) (Into phone) Hello. (Pause) Um … no, I know they do. (Pause) I know she does. Tell her that I … can I call you back? … Then tell her that I think it’s going to be fine. (Pause) Tell her just, just hold on, I’ll … can I get back to you? … Well … no, no, no, we’re taking the house … we’re … no, no, nn … no, she will nnn, it’s not a question of refunding the dep … no … it’s not a question of the deposit … will you call Jerry? Babe, baby, will you just call Jerry? Tell him, nnn … tell him they, well, they’re to keep the deposit, because the deal, be … because the deal is going to go through … because I know … be … will you please? Just trust me. Be … well, I’m dealing with the complaint. Yes. Right Now. Which is why I … yes, no, no, it’s really, I can’t talk about it now. Call Jerry, and I can’t talk now. Ff … fine. Gg … good-bye. (Hangs up.) (Pause) I’m sorry we were interrupted.
CAROL: No…
JOHN: I … I was saying:
CAROL: You said that we should agree to talk about my complaint.
JOHN: That’s correct.
CAROL: But we are talking about it.
JOHN: Well, that’s correct too. You see? This is the gist of education.
CAROL: No, no. I mean, we’re talking about it at the Tenure Committee Hearing. (Pause)
JOHN: Yes, but I’m saying: we can talk about it now, as easily as…
CAROL: No. I think that we should stick to the process…
JOHN: …wait a…
CAROL: …the “conventional” process. As you said. (She gets up.) And you’re right, I’m sorry if I was, um, if I was “discourteous” to you. You’re right.
JOHN: Wait, wait a…
CAROL: I really should go.
JOHN: Now, look, granted. I have an interest. In the status quo. All right? Everyone does. But what I’m saying is that the committee…
CAROL: Professor, you’re right. Just don’t impinge on me. We’ll take our differences, and…
JOHN: You’re going to make a … look, look, look, you’re going to…
CAROL: I shouldn’t have come here. They told me…
JOHN: One moment. No. No. There are norms, here, and there’s no reason. Look: I’m trying to save you…
CAROL: No one asked you to … you’re trying to save me? Do me the courtesy to…
JOHN: I am doing you the courtesy. I’m talking straight to you. We can settle this now. And I want you to sit down and…
CAROL: You must excuse me… (She starts to leave the room.)
JOHN: Sit down, it seems we have a … Wait one moment. Wait one moment … just do me the courtesy to…
(He restrains her from leaving.)
CAROL: LET ME GO.
JOHN: I have no desire to hold you, I just want to talk to you…
CAROL: LET ME GO. LET ME GO. WOULD SOMEBODY HELP ME? WOULD SOMEBODY HELP ME PLEASE…?
THREE
(At rise, CAROL and JOHN are seated.)
JOHN: I have asked you here. (Pause) I have asked you here against, against my…
CAROL: I was most surprised you asked me.
JOHN: …against my better judgment, against…
CAROL: I was most surprised…
JOHN: …against the … yes. I’m sure.
CAROL: …If you would like me to leave, I’ll leave. I’ll go right now… (She rises.)
JOHN: Let us begin correctly, may we? I feel…
CAROL: That is what I wished to do. That’s why I came here, but now…
JOHN: …I feel…
CAROL: But now perhaps you’d like me to leave…
JOHN: I don’t want you to leave. I asked you to come…
CAROL: I didn’t have to come here.
JOHN: No. (Pause) Thank you.
CAROL: All right. (Pause) (She sits down.)
JOHN: Although I feel that it profits, it would profit you something, to…
CAROL: …what I…
JOHN: If you would hear me out, if you would hear me out.
CAROL: I came here to, the court officers told me not to come.
JOHN: …the “court” officers…?
CAROL: I was shocked that you asked.
JOHN: …wait…
CAROL: Yes. But I did not come here to hear what it “profits” me.
JOHN: The “court” officers…
CAROL: …no, no, perhaps I should leave… (She gets up.)
JOHN: Wait.
CAROL: No. I shouldn’t have…
JOHN: …wait. Wait. Wait a moment.
CAROL: Yes? What is it you want? (Pause) What is it you want?
JOHN: I’d like you to stay.
CAROL: You want me to stay.
JOHN: Yes.
CAROL: You do.
JOHN: Yes. (Pause) Yes. I would like to have you hear me out. If you would. (Pause) Would you please? If you would do that I would be in your debt. (Pause) (She sits.) Thank You. (Pause)
CAROL: What is it you wish to tell me?
JOHN: All right. I cannot… (Pause) I cannot help but feel you are owed an apology. (Pause) (Of papers in his hands) I have read. (Pause) And reread these accusations.
CAROL: What “accusations”?
JOHN: The, the tenure comm. … what other accusations…?
CAROL: The tenure committee…?
JOHN: Yes.
CAROL: Excuse me, but those are not accusations. They have been proved. They are facts.
JOHN: …I…
CAROL: No. Those are not “accusations.”
JOHN: …those?
CAROL: …the committee (The phone starts to ring.) the committee has…
JOHN: …All right…
CAROL: …those are not accusations. The Tenure Committee.
JOHN: ALL RIGHT. ALL RIGHT. ALL RIGHT. (He picks up the phone.) Hello. Yes. No. I’m here. Tell Mister … No, I can’t talk to him now … I’m sure he has, but I’m fff … I know … No, I have no time t … tell Mister … tell Mist … tell Jerry that I’m fine and that I’ll call him right aw … (Pause) My wife … Yes. I’m sure she has. Yes, thank you. Yes, I’ll call her too. I cannot talk to you now. (He hangs up.) (Pause) All right. It was good of you to come. Thank you. I have studied. I have spent some time studying the indictment.
CAROL: You will have to explain that word to me.
JOHN: An “indictment”…
CAROL: Yes.
JOHN: Is a “bill of particulars.” A…
CAROL: All right. Yes.
JOHN: In which is alleged…
CAROL: No. I cannot allow that. I cannot allow that. Nothing is alleged. Everything is proved…
JOHN: Please, wait a sec…
CAROL: I cannot come to allow…
JOHN: If I may … If I may, from whatever you feel is “established,” by…
CAROL: The issue here is not what I “feel.” It is not my “feelings,” but the feelings of women. And men. Your superiors, who’ve been “polled,” do you see? To whom evidence has been presented, who have ruled, do you see? Who have weighed the testimony and the evidence, and have ruled, do you see? That you are negligent. That you are guilty, that you are found wanting, and in error; and are not, for the reasons so-told, to be given tenure. That you are to be disciplined. For facts. For facts. Not “alleged,” what is the word? But proved. Do you see? By your own actions.
That is what the tenure committee has said. That is what my lawyer said. For what you did in class. For what you did in this office.
JOHN: They’re going to discharge me.
CAROL: As full well they should. You don’t understand? You’re angry? What has led you to this place? Not your sex. Not your race. Not your class. YOUR OWN ACTIONS. And you’re angry. You ask me here. What do you want? You want to “charm” me. You want to “convince” me. You want me to recant. I will not recant. Why should I…? What I say is right. You tell me, you are going to tell me that you have a wife and child. You are going to say that you have a career and that you’ve worked for twenty years for this. Do you know what you’ve worked for? Power. For power. Do you understand? And you sit there, and you tell me stories. About your house, about all the private schools, and about privilege, and how you entitled. To buy, to spend, to mock, to summon. All your stories. All your silly weak guilt, it’s all about privilege; and you won’t know it. Don’t you see? You worked twenty years for the right to insult me. And you feel entitled to be paid for it. Your Home. Your Wife … Your sweet “deposit” on your house…
JOHN: Don’t you have feelings?
CAROL: That’s my point. You see? Don’t you have feelings? Your final argument. What is it that has no feelings. Animals. I don’t take your side, you question if I’m Human.
JOHN: Don’t you have feelings?
CAROL: I have a responsibility, I…
JOHN: …to…?
CAROL: To? This institution. To the students. To my group.
JOHN: … your “group.”…
CAROL: Because I speak, yes, not for myself. But for the group; for those who suffer what I suffer. On behalf of whom, even if I, were, inclined, to what, forgive? Forget? What? Overlook your…
JOHN: …my behavior?
CAROL: … it would be wrong.
JOHN: Even if you were inclined to “forgive” me.
CAROL: It would be wrong.
JOHN: And what would transpire.
CAROL: Transpire?
JOHN: Yes.
CAROL: “Happen?”
JOHN: Yes.
CAROL: Then say it. For Christ’s sake. Who the hell do you think that you are? You want a post. You want unlimited power. To do and to say what you want. As it pleases you – Testing, Questioning, Flirting…
JOHN: I never…
CAROL: Excuse me, one moment, will you?
(She reads from her notes.)
The twelfth: “Have a good day, dear.”
The fifteenth: “Now, don’t you look fetching…”
April seventeenth: “If you girls would come over here…” I saw you. I saw you, Professor. For two semesters sit there, stand there and exploit our, as you thought, “paternal prerogative,” and what is that but rape; I swear to God. You asked me in here to explain something to me, as a child, that I did not understand. But I came to explain something to you. You Are Not God. You ask me why I came? I came here to instruct you.
(She produces his book.)
And your book? You think you’re going to show me some “light”? You “maverick.” Outside of tradition. No, no, (She reads from the book’s liner notes.) “of that fine tradition of inquiry. Of Polite skepticism” … and you say you believe in free intellectual discourse. YOU BELIEVE IN NOTHING. YOU BELIEVE IN NOTHING AT ALL.
JOHN: I believe in freedom of thought.
CAROL: Isn’t that fine. Do you?
JOHN: Yes. I do.
CAROL: Then why do you question, for one moment, the committee’s decision refusing your tenure? Why do you question your suspension? You believe in what you call freedom of thought. Then, fine. You believe in freedom-of-thought and a home, and, and prerogatives for your kid, and tenure. And I’m going to tell you. You believe not in “freedom of thought,” but in an elitist, in, in a protected hierarchy which rewards you. And for whom you are the clown. And you mock and exploit the system which pays your rent. You’re wrong. I’m not wrong. You’re wrong. You think that I’m full of hatred. I know what you think I am.
JOHN: Do you?
CAROL: You think I’m a, of course I do. You think I am a frightened, repressed, confused, I don’t know, abandoned young thing of some doubtful sexuality, who wants, power and revenge. (Pause) Don’t you? (Pause)
JOHN: Yes. I do. (Pause)
CAROL: Isn’t that better? And I feel that that is the first moment which you’ve treated me with respect. For you told me the truth. (Pause) I did not come here, as you are assured, to gloat. Why would I want to gloat? I’ve profited nothing from your, your, as you say, your “misfortune.” I came here, as you did me the honor to ask me here, I came here to tell you something.
(Pause) That I think … that I think you’ve been wrong. That I think you’ve been terribly wrong. Do you hate me now? (Pause)
JOHN: Yes.
CAROL: Why do you hate me? Because you think me wrong? No. Because I have, you think, power over you. Listen to me. Listen to me, Professor. (Pause) It is the power that you hate. So deeply that, that any atmosphere of free discussion is impossible. It’s not “unlikely.” It’s impossible. Isn’t it?
JOHN: Yes.
CAROL: Isn’t it…?
JOHN: Yes. I suppose.
CAROL: Now. The thing which you find so cruel is the selfsame process of selection I, and my group, go through every day of our lives. In admittance to school. In our tests, in our class rankings. … Is it unfair? I can’t tell you. But, if it is fair. Or even if it is “unfortunate but necessary” for us, then, by God, so must it be for you. (Pause) You write of your “responsibility to the young.” Treat us with respect, and that will show you your responsibility. You write that education is just hazing. (Pause) But we worked to get to this school. (Pause) And some of us. (Pause) Overcame prejudices. Economic, sexual, you cannot begin to imagine. And endured humiliations I pray that you and those you love never will encounter. (Pause) To gain admittance here. To pursue that same dream of security you pursue. We, who, who are, at any moment, in danger of being deprived of it. By…
JOHN: …by…?
CAROL: By the administration. By the teachers. By you. By, say, one low grade, that keeps us out of graduate school; by one, say, one capricious or inventive answer on our parts, which, perhaps, you don’t find amusing. Now you know, do you see? What it is to be subject to that power. (Pause)
JOHN: I don’t understand. (Pause)
CAROL: My charges are not trivial. You see that in the haste, I think, with which they were accepted. A joke you have told, with a sexist tinge. The language you use, a verbal or physical caress, yes, yes, I know, you say that it is meaningless. I understand. I differ from you. To lay a hand on someone’s shoulder.
JOHN: It was devoid of sexual content.
CAROL: I say it was not. I SAY IT WAS NOT. Don’t you begin to see…? Don’t you begin to understand? IT’S NOT FOR YOU TO SAY.
JOHN: I take your point, and I see there is much good in what you refer to.
CAROL: …do you think so…?
JOHN: …but, and this is not to say that I cannot change, in those things in which I am deficient … But, the…
CAROL: Do you hold yourself harmless from the charge of sexual exploitativeness…? (Pause)
JOHN: Well, I … I … I … You know I, as I said. I … think I am not too old to learn, and I can learn, I…
CAROL: Do you hold yourself innocent of the charge of…
JOHN: …wait, wait, wait … All right, let’s go back to…
CAROL: YOU FOOL. Who do you think I am? To come here and be taken in by a smile. You little yapping fool. You think I want “revenge.” I don’t want revenge. I WANT UNDERSTANDING.
JOHN: …do you?
CAROL: I do. (Pause)
JOHN: What’s the use. It’s over.
CAROL: Is it? What is?
JOHN: My job.
CAROL: Oh. Your job. That’s what you want to talk about. (Pause) (She starts to leave the room. She steps and turns back to him.) All right. (Pause) What if it were possible that my Group withdraws its complaint. (Pause)
JOHN: What?
CAROL: That’s right. (Pause)
JOHN: Why.
CAROL: Well, let’s say as an act of friendship.
JOHN: An act of friendship.
CAROL: Yes. (Pause)
JOHN: In exchange for what.
CAROL: Yes. But I don’t think, “exchange.” Not “in exchange.” For what do we derive from it? (Pause)
JOHN: “Derive.”
CAROL: Yes.
JOHN: (Pause) Nothing. (Pause)
CAROL: That’s right. We derive nothing. (Pause) Do you see that?
JOHN: Yes.
CAROL: That is a little word, Professor. “Yes.” “I see that.” But you will.
JOHN: And you might speak to the committee…?
CAROL: To the committee?
JOHN: Yes.
CAROL: Well. Of course. That’s on your mind. We might.
JOHN: “If” what?
CAROL: “Given” what. Perhaps. I think that that is more friendly.
JOHN: GIVEN WHAT?
CAROL: And, believe me, I understand your rage. It is not that I don’t feel it. But I do not see that it is deserved, so I do not resent it … All right. I have a list.
JOHN: … a list.
CAROL: Here is a list of books, which we…
JOHN: …a list of books…?
CAROL: That’s right. Which we find questionable.
JOHN: What?
CAROL: Is this so bizarre…?
JOHN: I can’t believe…
CAROL: It’s not necessary you believe it.
JOHN: Academic freedom…
CAROL: Someone chooses the books. If you can choose them, others can. What are you, “God”?
JOHN: …no, no, the “dangerous.” …
CAROL: You have an agenda, we have an agenda. I am not interested in your feelings or your motivation, but your actions. If you would like me to speak to the Tenure Committee, here is my list. You are a Free Person, you decide. (Pause)
JOHN: Give me the list. (She does so. He reads.)
CAROL: I think you’ll find…
JOHN: I’m capable of reading it. Thank you.
CAROL: We have a number of texts we need re…
JOHN: I see that.
CAROL: We’re amenable to…
JOHN: Aha. Well, let me look over the … (He reads.)
CAROL: I think that…
JOHN: LOOK. I’m reading your demands. All right?! (He reads) (Pause) You want to ban my book?
CAROL: We do not…
JOHN (Of list): It says here…
CAROL: …We want it removed from inclusion as a representative example of the university.
JOHN: Get out of here.
CAROL: If you put aside the issues of personalities.
JOHN: Get the fuck out of my office.
CAROL: No, I think I would reconsider.
JOHN: …you think you can.
CAROL: We can and we will. Do you want our support? That is the only quest…
JOHN: …to ban my book…?
CAROL: …that is correct…
JOHN: …this … this is a university … we …
CAROL: …and we have a statement … which we need you to … (She hands him a sheet of paper.)
JOHN: No, no. It’s out of the question. I’m sorry. I don’t know what I was thinking of. I want to tell you something. I’m a teacher. I am a teacher. Eh? It’s my name on the door, and I teach the class, and that’s what I do. I’ve got a book with my name on it. And my son will see that book someday. And I have a respon … No, I’m sorry I have a responsibility … to myself, to my son, to my profession… I haven’t been home for two days, do you know that? Thinking this out.
CAROL: …you haven’t?
JOHN: I’ve been, no. If it’s of interest to you. I’ve been in a hotel. Thinking. (The phone starts ringing.) Thinking…
CAROL: …you haven’t been home?
JOHN: …thinking, do you see.
CAROL: Oh.
JOHN: And, and, I owe you a debt, I see that now. (Pause) You’re dangerous, you’re wrong and it’s my job … to say no to you. That’s my job. You are absolutely right. You want to ban my book? Go to hell, and they can do whatever they want to me.
CAROL: …you haven’t been home in two days…
JOHN: I think I told you that.
CAROL: …you’d better get that phone. (Pause) I think that you should pick up the phone. (Pause)
(JOHN picks up the phone.)
JOHN (on phone): Yes. (Pause) Yes. Wh … I. I. I had to be away. All ri … did they wor … did they worry ab … No. I’m all right, now, Jerry. I’m f … I got a little turned around, but I’m sitting here and … I’ve got it figured out. I’m fine. I’m fine don’t worry about me. I got a little bit mixed up. But I am not sure that it’s not a blessing. It cost me my job? Fine. Then the job was not worth having. Tell Grace that I’m coming home and everything is fff… (Pause) What? (Pause) What? (Pause) What do you mean? WHAT? Jerry … Jerry. They … Who, who, what can they do…? (Pause) NO. (Pause) NO. They can’t do th… What do you mean? (Pause) But how… (Pause) She’s, she’s, she’s here with me. To … Jerry. I don’t underst… (Pause) (He hangs up.) (To CAROL:) What does this mean?
CAROL: I thought you knew.
JOHN: What. (Pause) What does it mean. (Pause)
CAROL: You tried to rape me. (Pause) According to the law. (Pause)
JOHN: …what…?
CAROL: You tried to rape me. I was leaving this office, you “pressed” yourself into me. You “pressed” your body into me.
JOHN: …I…
CAROL: My Group has told your lawyer that we may pursue criminal charges.
JOHN: …no…
CAROL: …under the statute. I am told. It was battery.
JOHN: …no…
CAROL: Yes. And attempted rape. That’s right. (Pause)
JOHN: I think that you should go.
CAROL: Of course. I thought you knew.
JOHN: I have to talk to my lawyer.
CAROL: Yes. Perhaps you should.
(The phone rings again.) (Pause)
JOHN: (Picks up phone. Into phone:) Hello? I … Hello…? I … Yes, he just called. No … I. I can’t talk to you now, Baby. (To CAROL:) Get out.
CAROL: …your wife…?
JOHN: …who it is is no concern of yours. Get out. (To phone:) No, no, it’s going to be all right. I. I can’t talk now, Baby. (To CAROL:) Get out of here.
CAROL: I’m going.
JOHN: Good.
CAROL (exiting): …and don’t call your wife “baby.”
JOHN: What?
CAROL: Don’t call your wife baby. You heard what I said.
(CAROL starts to leave the room. JOHN grabs her and begins to beat her.)
JOHN: You vicious little bitch. You think you can come in here with your political correctness and destroy my life?
(He knocks her to the floor.)
After how I treated you…? You should be … Rape you …? Are you kidding me…?
(He picks up a chair, raises it above his head, and advances on her.)
I wouldn’t touch you with a ten-foot pole. You little cunt…
(She cowers on the floor below him. Pause. He looks down at her. He lowers the chair. He moves to his desk, and arranges the papers on it. Pause. He looks over at her.)
…well…
(Pause. She looks at him.)
CAROL: Yes. That’s right.
(She looks away from him, and lowers her head. To herself:) …yes. That’s right.
END
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