Tuesday, September 29, 2015

 

It Doesn’t Matter Until It Does


“Why do we need to write that down?  We’ve done it that way for years!”

Well, yes.  But if you get hauled into court, you’ll wish you had written it down.

The case of the University of Kansas student whose tweets initially got him expelled, until the expulsion was overturned on appeal, is just the latest lesson.  The short version is that the student in question apparently tweeted some pretty awful comments about an ex-girlfriend who was also a student there.  The University expelled him, fearing a “hostile environment” claim -- understandably -- but did so under a policy that didn’t really speak to the case.  He won on appeal, not because the tweets were misinterpreted, but because the policy was.  

This is why administrators sometimes insist on what seems like pedantry.  Well-crafted guidelines written in advance and followed conscientiously are far easier to stand on in court.  

Obviously, there are limits to what can be reasonably anticipated.  Seinfeld fans will remember when George Costanza had sex with the cleaning woman on his desk at the office, and got fired for it.  When confronted, he said there wasn’t a rule specifically forbidding sex with the cleaning woman on his desk.  No rule can anticipate everything, and it’s unreasonable to ask it to.  Some elasticity in language is necessary in order to prevent absurdity.   And any rule with elastic language will lend itself to some level of judgment.  Even well-drawn borders won’t eliminate borderline cases.

But if you can base the judgment calls on something written and relatively specific, you’re much less likely to lose when challenged.  You’re also much less likely to fall into decisionmaking based on your own biases, conscious or unconscious.  The awkwardness of explicit rules can take them out of knee-jerk intuition territory.  Sometimes, that’s good.  Intuitions hide many sins.

Actually wordsmithing policy requires a funny blend of forward and backward looking.  You need to be able to look forward, in the sense of “what happens if we’re challenged on….”  And you need to be able to look backward, as in “what scenarios seem to pop up the most…”

The really challenging part is trying to anticipate, and close off, loopholes by which people with other agendas will try to “game” the policy.  Loosely, that means using the letter of the law against its spirit.  Because they will.  It’s a frustrating fact of life, but there it is.  That’s where experience matters.  You’ll never make a policy airtight -- as someone once said, nothing is foolproof because fools are so clever -- but failing to pay attention to this step will only lead to tears.  And this, oddly enough, is where the good sports who are willing to help are often the least useful guides.  They aren’t the types to game systems, so they don’t come up with the angles.  If you can find a good “white hat hacker” to help craft policy, do it.  Skipping this step will result in you painting yourself into a corner, rewarding bad behavior as a direct result of good intentions.  

I’ll reserve judgment on the case of the Arizona student, but it’s a healthy reminder of a basic truth.  Policymaking can be tiresome, but losing in court is more so.  Policy doesn’t matter until it does.

Program note: due to a family commitment, the blog will skip a couple of days.  It’ll be back on Monday.

Comments:
Very nicely written. Good point.
 
A strong outline makes a quality write-up. Creating outline for an essay makes a writer to write his/her essay faster and efficiently. It is the main task in the pre-writing process of an essay. Time you spend to create an outline for write-up can be saved when you actually write the final write-up. An essay outline is a list of all required points that you want to include in your essay. More writing techniques make the writing process easier.
 
Do you think that it really does matter? Then it does not matter? Dissertation writing service
 
I am happy to find much useful information in the post, writing sequence is awesome, I always look for quality content, thanks for sharing.
Project Management Assignment Help

 
Short term loans no credit check from Oyster Loans made it possible for me to fix the financial crisis. Despite the bad credit history, I still got the chance to derive easy funds at competitive terms. within quick time.
short term loans no credit check

 
Hi, thanks for sharing your views . i am not sure is it really? Cheap dissertation writing services
 
Nice post. Keep sharing pixelgun 3d and posting. I would love to visit your website again.
 
I am very happy to read this. This is the kind of manual that needs to be given and not the random misinformation that’s at the other blogs. Appreciate your sharing this best posting. Assignment help | Need Assignment help | Marketing Assignment Help | Law Assignment help |
 
By and large, Short Term Guaranteed Loans offers assured funds with affordable terms. Loan Point is a major financial hub, which specialises in providing the loans to borrowers, who are struggling financially.

 
Thanx alot Happy Mother’s Day MOTHER’S DAY
 
Keeping the focus on pursuing study largely depends upon how financially secure you are. The financial shortage may not allow you to fulfil all your aspirations, but taking help of a loan definitely prove beneficial for you. Few months back, I also applied for loans for students with no guarantoroption and now I have completed my graduation without any financial disturbance.
 
With guaranteed loans from Lenders Club, you have a chance to avail low cost funds at a short notice. The loans are personalised to suit the existing circumstances and are made available to all.
 
Assessing your vehicle's worth will help you guarantee that you can get the most extreme sum conceivable on your auto value. When you utilize the KBB valuation as a benchmark, you can precisely evaluate the assessed estimating for your utilized auto.
 
Thanks for sharing Your views. I really like this post. Best Unsecured Loans
 
You are absolutely correct. There are things that should keep in mind always that you should always ignore the things that irritate you.
 
Indeed, you have put some good effort by sharing some excellent information in this high value article. instant cash loan
 
film porno gratis, ngewe, tante girang, kontol memek, becek, judi togel, poker, toket gede, viagra, cialis, bukake,
film porno gratis
 
film porno gratis, ngewe, tante girang, kontol memek, becek, judi togel, poker, toket gede, viagra, cialis, bukake,
film porno gratis
 
film porno gratis, ngewe, tante girang, kontol memek, becek, judi togel, poker, toket gede, viagra, cialis, bukake,
film porno gratis
 
Thanks for sharing great information like that ..!

short term loans for students
 
First, I have a confession to make. I am very bad with managing my time. I have always had loads of stuffs to do, all piled-up until the very last minute.
why do we do homework

 

Couldn't be written any better. Reading this post reminds me of my old roommate! He always kept talking about this Assignment help| Need Assignment help

 
Post a Comment

<< Home

This page is powered by Blogger. Isn't yours?