(Name-mce) ListServ Anti-Hmong Comments Set Off a Law School

[Anselmo Villanueva]

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Anselmo
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February 26, 2007

http://insidehighered.com/news/2007/02/26/hmong

Anti-Hmong Comments Set Off a Law School

The law school dean the University of Wisconsin at Madison sent an
e-mail message to students and faculty members last week apologizing
for the hurt caused by a professor's anti-Hmong comnents during a
class lecture, while also saying that no harm had been intended by
them.

"All of us in the Law School administration deeply regret this
unfortunate course of events," wrote Kenneth Davis, the dean. He added
that the professor involved, Leonard Kaplan, "feels deeply sorry that
his classroom remarks have caused so much pain for some of his
students." Of the law school more broadly, the dean said: "I can
assure you that the school takes very seriously the professional
conduct of our faculty, both in and out of the classroom. The Law
School also takes very seriously our long-held core values of
diversity, fairness, and respect for all."

"I want to be clear that this is not about dealing with controversy
material because we do that all the time as a law school," Davis
wrote. "We want to deal with that controversy critically and see if
the students can make their own conclusions for it."

Kaplan's comments were made in a Legal Process course, in lecture on
"legal formalism and its potential for adverse consequences to various
ethnic minorities" according to the dean. (Kaplan declined to
comment.)

According to e-mails circulating in the law school that officials have
not contested, in the course of his lecture, Kaplan made comments such
as "Hmong women are better off now that Hmong men are dying off in
this country" and "all Hmong men purchase their wives, so if he wants
to have sex with his wife and she doesn't consent, you and I call it
rape, but the Hmong guy is thinking, 'man, I paid too much for her."
Kashia Moua, a law student who was present during the lecture, sent
out an e-mail report about the class and that e-mail then spread,
leading to a forum last week.

Moua's e-mail called the professor's comments "incredibly offensive
and racist" and urged the student body to "proceed in holding Kaplan
and our administration accountable for these comments."

Davis, the dean, noted in his e-mail that none of the student he had
spoken with who had attended the lecture believed that the remarks
"were motivated by animus or ill will toward any particular racial
group." However, students agreed that "uniformed and disparaging
racial stereotypes" resulted.

Donald Downs, political science professor and the president of the
Committee for Academic Freedom and Rights at UW, is a colleague and
friend of Kaplan's and said that "based on what I know of him, I don't
think he would intentionally try to offend students on those types of
categories — he was just trying to portray a point of view."

— Sarah Rosser
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Professor under fire for remarks

The Badger Herald

by Nick Penzenstadler

http://badgerherald.com/news/2007/02/23/professor_under_fire.php

A University of Wisconsin law professor is under scrutiny for comments
he allegedly made in a Feb. 15 lecture about the Hmong community.

According to an e-mail sent to several law and Hmong students obtained
by The Badger Herald, professor Leonard Kaplan spoke for 10 minutes
using "racist and inappropriate" comments.

The e-mail quoted Kaplan allegedly saying, "Hmong men have no talent
other than to kill" and "All second-generation Hmong end up in gangs
and other criminal activity."
Kaplan also allegedly said, "All Hmong men purchase their wives, so if
he wants to have sex with his wife and she doesn't consent, you and I
call it rape, but the Hmong guy is thinking 'man, I paid too much for
her.'"

A group of concerned students held a meeting on campus Wednesday night
to discuss the comments. When contacted, organizers of the forum and
members of the class declined comment.

Ken Davis, dean of the UW Law School, said he received a letter from
the students in the class and has since held meetings with the
professor.

"I've talked at some length with Kaplan [and] made it clear to him
that [his comments were] inconsistent with my expectations to handle
the core values and commitment we have to diversity," Davis said. "I
think he gets that message."

Kaplan, a tenured professor who joined the UW Law School faculty in
1974, did not return phone calls seeking comment as of press time.

According to UW pharmacy student Qoua Her, who is Hmong, called
Kaplan's comments a "clear symbol" of the cultural and historical
ignorance throughout the university.

"Ignorance exists everywhere," she said.

Davis said Kaplan has shown remorse for his comments, which were made
during a legal discussion about formalism and minorities.

"I think he's more than remorseful," Davis said. "Once he heard about
student complaints, he really apologized and took the initiative and
made it very apparent (he would like) to be involved to rectify the
anger and pain that has resulted."
In light of the murder of a Hmong hunter in northern Wisconsin earlier
this year, Davis said there is a "heightened edginess" surrounding the
Hmong community.

"As one of the students said last night, it isn't about race — it's
about ignorance," Davis said.

According to UW political science professor Donald Downs, depending on
what context the comments were used and if they were pertinent to the
class, they may be protected by UW's academic-freedom speech code.

"I would be shocked if he meant these words in a [derogatory] way —
he's not that kind of guy," said Downs, the president of the Committee
for Academic Freedom and Rights at UW. "Students are free to criticize
and challenge, but let the marketplace of ideas handle it."

Downs added Kaplan is a "decent and fair man" and said he is known for
his work with social-justice issues on campus.

If students were ever offended with any of his lectures, Downs said he
would recommend they come to him personally to work through any
issues.

"We have to be very careful. We want professors to speak with what
they see as their truths," Downs said. "We're here to push the
envelope. … Academic freedom has to be very strong and vibrant."