Earlier: Why We Can't Have Nice Things: Honor Code Division

Is there any idea in current jurisprudence dumber than "disparate impact"?

The idea behind disparate impact is that if some clearly-identifiable subset S of our population forms x percent of the total, and that subset is represented in some undesirable category as y percent of the total in that category, and y is much greater than x, then there must be some feature of our society or culture, some correctable feature—causing that discrepancy, negatively impacting subset S.

Take incarceration, for example. The Federal Bureau of Prisons reports that as of last Sunday, 93.5 percent of federal inmates were male, only 6.5 percent female. The most recent numbers I can find for inmates in the generality—I mean, both federal and state—are for 2018, from the Bureau of Justice Statistics. For that year the Bureau gives 93 percent of inmates as male.

So: 93.5 percent, 93 percent, plainly we have some very serious disparate impact there, negatively affecting males. Since "male" and "female" are merely social constructs, there must be something in our society or culture causing this. What is it? How can we correct it?

I know, that sounds nuts. Trust me, though: somewhere in the U.S.A. some person, almost certainly an accredited teacher at a university, is making that case even as I speak. It's disparate impact! What could be plainer?

Only a tad less preposterous is this story by  Ian Shapira from The Washington Post, February 5th. Headline: VMI will change honor system that expels Black cadets at disproportionate rates.

VMI is Virginia Military Institute, the nation's oldest state-supported military college. On their website they have this to say about the honor code, edited quote:

Above all else, cadets are men and women of honor and integrity who can always be trusted.

They live by a simple code, the VMI Honor Code, which states: "A Cadet will not lie, cheat, steal, nor tolerate those who do."

The Code pervades all aspects of a cadet's life. A cadet's honor is his or her most guarded possession …

The heart of VMI's student government is the Honor System.

The education of new cadets about the Honor System is the responsibility of the Honor Court. The Honor Court is comprised of first and second class cadets elected by their classmates. In addition to education, the Honor Court is also responsible for adjudicating reported violations of the Honor Code.

The VMI Honor System is a single sanction system. The system does not recognize degrees of honor. The sanction for any breach of honor is dismissal. So, when new cadets sign the book on matriculation day they are committing themselves to a life of honesty and integrity. If their commitment is not complete, their stay at the Institute may be short.

Well, guess what: we have some disparate impact here. No, it's not sex this time. It's a different social construct, although one just as untethered from reality. Yes, it's so-called "race."

The Washington Post tells us that of the 28 VMI students dismissed in academic years 2017 to 2020, twelve were black. Twelve out of 28 is 43 percent. Since blacks made up only six percent of the student body in those years, that is a massive overrepresentation. Disparate impact! This will not stand!

Please don't panic, though, listeners. VMI is on the case. The state of Virginia, which funds VMI to the tune of twenty million dollars a year, conducted an investigation into this egregious case of disparate impact.

In response to that, last Friday VMI issued a 70-page report confessing all their sins and promising reforms. The governing board of VMI will undergo mandatory training in Diversity, Inclusion, and Equity to raise their collective consciousness. The Honor Court system will be reformed: no more one-strike-and-you're-out, heavier burden of proof, pro bono attorneys for all accused.

We commentators have to read news reports like that one, but we don't enjoy doing so. By the time I got to the part about VMI removing the statue of Stonewall Jackson that had stood at the center of the school's campus for 108 years, I was about to head for the liquor cabinet.

VMI removes statue of Confederate Gen. Stonewall Jackson after long resistance https://t.co/SL13uxFhFD

— The Washington Post (@washingtonpost) December 7, 2020

I did get one faint smile from the piece, though. That was when they told us the name of VMI's Chief Diversity Officer. They have a Chief Diversity Officer, of course. What kind of school would VMI be without one? Her name: Jamica Love.

Jamica Love. I guess any applicant with the surname Honor would have been ruled out at the first cut.