Misconduct.org

 

Disclaimer

 

Anti-Christian Discrimination

At Indiana University

 

The Evidence

 

 

How Indiana University President Myles Brand

and Other Senior Indiana University Officials

Destroyed an Innocent and Decent Christian Teenager’s

Academic Career

 

This file contains the chain of emails involving

Dean Onesti,  Chairman Watt,  Dean Dunning,  President Brand,

and non-respondents

Dean Kim Walker  and  Vice President Charlie Nelms.

 

 

 

 

Introduction

 

Indiana University’s Jewish President Myles Brand and two Indiana University Deans take the position that a Christian Teenager must either violate her Christian faith or forgo a degree from Indiana University.

 

This complete email record starts with the original request sent to the Indiana University School Of Continuing Studies for a substitute article to be used for Lesson 2 for English W131, Elementary Composition.  It explains that the request is based upon the sincerely held Christian beliefs of the student and that the article used in the course is obnoxious to those Christian beliefs.

 

Then follows the refusal by Indiana University officials to even consider the request because the Christian student is “neither required by IUSCS to take this particular course, nor is she required in any way to pursue either course or degree requirements through the Indiana University School of Continuing Studies.”

 

The Indiana University “Open Door” Policy for the Christian teenager is identified as the open door to the exit.

 

[A hostile environment is permissible at Indiana University under President Brand as long as the victim denied the degree opportunity is a Christian and not a Jew.]

 

Indiana University President Brand finalized the matter.  Brand confirmed that the Indiana University’s policy is the policy stated by Dean Onesti and confirmed by Dean Dunning:

 

A Christian’s student’s Christian-based request will not even be considered because a Christian is not required to pursue course or degree requirements at Indiana University School of Continuing Studies and that the only choice for the Christian student is to withdraw from the course and thus the possibility of earning the desired degree at Indiana University.

 

President Brand placed the final nail:  “You may consider this email the university's final response to your request.”

 

All the 16-year old Christian Young Lady wanted was a fair chance

to continue working toward a degree at Indiana University

without having to compromise her Christian Faith.

 

 

 

-----Original Message-----
From: Eric LeVin
Sent:
Wednesday, September 11, 2002 4:12 PM
To: 'extend@indiana.edu'
Subject: Request for Substitute Article for English W131 Lesson 2

 

To:          Indiana University School of Continuing Studies

               Independent Study Program

From:      Eric J. LeVin

Re:          Request for substitute sample article for Lesson 2

 

               Course Name:            Elementary Composition

               Course Number:        English W131

               Instructor:                  David Marshall

               Student:                     Christine LeVin

              

Date:       11 September 2002

 

 

Please accept this as a formal request for a substitute article to use for Lesson 2 (and subsequent Lessons 3 and 4) for English W131 Elementary Composition.

 

The reason for the request is based upon sincerely held religious beliefs.

 

This particular text proposed for Lesson 2 is a propaganda piece dealing with homosexual misconduct and fornication.

 

As orthodox Christians we follow God’s Law.

 

It is a violation of our religious tenets to indoctrinate children with unGodly material such as this particular article.

 

“But speak thou the things which become sound doctrine…That they may teach the young women to be sober, to love their husbands, to love their children, to be discreet, chaste, keepers at home, good, obedient to their own husbands, that the word of God be not blasphemed.”  Titus 2:  1, 4-5.

 

“There shall be no whore of the daughters of Israel, nor a sodomite of the sons of Israel.”

Deuteronomy 23:  17.

 

“If a man also lie with mankind, as he lieth with a woman, both of them have committed an abomination:  they shall surely be put to death; their blood shall be upon them.”  Leviticus 20:  13.

 

“I wrote unto you in an epistle not to company with fornicators…”         1 Corinthians 5:  9.

 

“Now the works of the flesh are manifest, which are these; Adultery, fornication, uncleanness…they which do such things shall not inherit the kingdom of God.”  Galatians 5:  19, 21.

 

“But thou shalt utterly destroy them; the Hittites, and the Amorites, the Canaanites, and the Perizzites, the Hivites, and the Jebusites:  as the Lord thy God hath commanded thee:  That they teach you not to do after all their abominations, which they have done onto their gods; so should ye sin against the Lord your God.”  Deuteronomy 20:  17-18.

 

“Nothwithstanding I have a few things against thee, because thou sufferest that woman Jezebel, which calleth herself a prophetess, to teach and to seduce my servants to commit fornication…”  Revelation 2:  20.

 

“Woe unto you, scribes and Pharisees, hypocrites!  for ye compass sea and land to make one proselyte, and when he is made, ye make him twofold more the child of hell than yourselves.”  Matthew 23:  15.

 

“Thou shalt not follow a multitude to do evil…”  Exodus 23:  2.

 

The use of the proposed text for Lesson 2 creates a religious test for taking English W131.  English W131 is a prerequisite for several other courses.  This proposed text thus becomes a religious test for taking several other courses and, quite possibly, for obtaining a degree.  Making obnoxious requirements that result in de facto discrimination against persons due to religious beliefs is illegal.

 

English W131 is not a course like Political Science Y105W.  Political Science Y105W is not nearly as critical as English W131.  When Political Science Y105W is discovered to have zero value, the matter can be resolved by simply dropping the course.

 

Simply dropping English W131 is not an option…thus the request for a substitute article.

 

I am aware of the two basic tests:  the “compelling interest test” and the “burden test.”

 

The “compelling interest test” allows the government to force Christians to compromise their religious beliefs if there is a compelling government need.  There is no compelling need whatsoever to require such a degraded article as a necessary component of learning Elementary Composition.  Indiana University fails the “compelling interest test.”

 

The “burden” test allows a party to force Christians to comprise their religious beliefs if the burden necessary to accommodate the Christian places an unreasonable burden on the first party.  Since this is an “Independent Study Program,” the substitution of an alternate article for Lesson 2 is a de minimus burden.  Indiana University fails the “burden test.”

 

Therefore, it is proper for us to make this request based upon our sincerely held religious beliefs.  And it is correct and appropriate for Indiana University to substitute a different article for Lesson 2.

 

To be quite frank, I was more than surprised by the nature of the Elementary Composition course.

 

I’ve just reached behind my desk for a book…

 

Here’s a quote from the Introduction to the ten volume set “The Best of the World’s Classics, Restricted to Prose”:

 

“The Bible stands alone, a great literary monument of the noblest and most beautiful English, which has formed English speech and become a part of the language as it is of the thought and emotion of the people who read ‘King James’ version in all parts of the globe…Therefore, putting aside the English Bible as wholly by itself, it may be safely said that the soul of a language and the beauties of style which it is capable of exhibiting can only be found and studied in the productions of writers who not only think in the language in which they write, but to whom that speech is native, the inalienable birthright and heritage of their race or country…We have in the English language an unequalled richness of vocabulary far surpassing in extent that of any other tongue.  It possesses a great literature and a body of poetry unrivaled in modern times.  It is not only one of the strongest bonds of union in the United States, but it is the language in which our freedom was won and in which our history and our laws are written.  It is our greatest heritage.  To weaken, corrupt or deprave it would be a misfortune without parallel to our entire people.  Yet we can not disguise from ourselves the fact that the fertility of the printing-press, the multiplication of cheap magazines, and the flood of printed words poured out daily in the newspapers all tend strongly in this direction…Contrast this [a long quote from Hawthorne] with the newspaper sentence and the sensation is one of pain…Yet no one, I think, can read the great masterpieces of English prose and not have both lesson and responsibility brought home to him.  He would be insensible, indeed, if he did not feel after such reading that he was a sharer in a noble heritage which it behooved him to guard and cherish.  If this series serves no other purpose, it will exhibit to those who read it some of the splendors and the beauties of English prose.  It will at least open the gates of literature and perhaps lead its readers to authors they have not known before, or recall the words of writers who have entered into their lives and thoughts and thus make them more mindful of the ineffable value to them and their children of the great language which is at once their birthright and their inheritance.  Henry Cabot Lodge.  Washington, D.C., July 15, 1909.

 

At one time, the purpose of writing was to elevate the spirit and enrich mankind.  Now, to see Indiana University select a piece of unGodly smut from a Jewish magazine to teach Elementary Composition…it certainly is a cause for revulsion.  The contrast between Lodge’s beautiful prose and the piece of shit served up by Indiana University (for the purpose of teaching elementary composition!) is chilling indeed.

 

Please provide a substitute article for my daughter to use in English W131.

 

Thank you.

 

 

 

-----Original Message-----
From: Eric LeVin
Sent: Wednesday, September 25, 2002 2:08 PM
To: 'extend@indiana.edu'
Subject: FW: Request for Substitute Article for English W131 Lesson 2

 

Hello.

 

Two weeks ago, I sent in the request provided below.

 

Would you please let me know what the status of my request is?

 

Thank you,

 

E. LeVin

 

[[[The original request was repeated here.]]]

 

 

 

-----Original Message-----
From: Onesti, Lawrence J. [mailto:onesti@indiana.edu]
Sent: Wednesday, October 02, 2002 12:21 PM
To: a@tciway.tc
Subject: Your request for a substitute article for English W131 Lesson 2

 

Dear Mr. LeVin:

 

I am responding to your email regarding your daughter, Christine.

 

First, universities have broad latitude to make academic decisions with regard to curriculum and material selection and I am confident that the material selection for this course is well within the department's discretion.

 

Second, while I appreciate the analysis provided in your email, I do not believe that it is applicable to this situation since your daughter is neither required by IUSCS to take this particular course, nor is she required in any way to pursue either course or degree requirements through the Indiana University School of Continuing Studies if you find our material selection to be unacceptable or inappropriate.  Since there is no compulsion on the part of the University, there is no need to analyze whether an exemption on religious groups would be appropriate.

 

I can offer you two solutions:  You may withdraw your daughter from the course for a full refund (less a withdrawal processing fee) or we you may transfer her into another course without charge.

 

If you wish to withdraw Christine, you need only indicate that you wish to do so by response to this email and we will initiate the withdrawal/refund.

 

Sincerely,
Larry Onesti

 

 



 

Larry Onesti
Associate Dean, Academic Programs
IU School of Continuing Studies
(812)855-6502
FAX (812)855-8680
onesti@indiana.edu

 

 

 

-----Original Message-----
From: Eric LeVin
Sent: Wednesday, October 02, 2002 3:00 PM
To: 'Onesti, Lawrence J.'
Subject: RE: Your request for a substitute article for English W131 Lesson 2

 

Hello!

 

Thank you for your email.

 

Would you please indicate your title and the authority you have for representing the University regarding this request.

 

Thank you.

 

Eric LeVin

 

 

 

-----Original Message-----
From: Eric LeVin
Sent: Wednesday, October 02, 2002 7:39 PM
To: 'Onesti, Lawrence J.'
Subject: RE: Your request for a substitute article for English W131 Lesson 2

 

Dear Mr. Onesti,

 

Hello.

 

Upon reading your email for the fourth time, I noticed your title.  I apologize for requesting your title in my prior email.

 

(I sent my prior email requesting your title because I was so stunned by the response and was in such disbelief that anyone at a major university would make such statements that I thought it was the work of some email assistant.)

 

The particular course W131 Elementary Composition is a prerequisite for:

 

W231  Professional Writing Skills

W305A  Advanced Expository Writing

F301  Financial Management

P301  Operations Management

 

F301  Financial Management, in turn is a prerequisite for:

 

J401  Administrative Policy

 

My daughter has previously submitted a lesson for Education X152 Keys To Success.  In this lesson, my daughter stated her academic goal is to get a Bachelors degree with an emphasis in Business from Indiana University School of Continuing Studies.  Her lesson explains why this is her academic goal, specifically including her reasons for selecting IU School of Continuing Studies.  In addition, her lesson explains why this academic goal supports her life career goal.  This is a document that is available should you desire to see it.

 

Although your counter proposals sound generous and considerate, they are not.

 

When the importance of W131 Elementary Composition is framed in the context of the student’s academic and life goals and the IU prerequisites for courses necessary for her to achieve these goals…your response is very blunt.  To me, it’s equivalent to:  “I’m denying your daughter the opportunity to get a degree from Indiana University based solely on your Christian views.”  (All because of your personal insistence on a short article dealing with fornicators and homosexuals.)

 

Indiana University prominently displays its so-called “Nondiscrimination Policy.”    This policy states “Indiana University prohibits discrimination based on…religion…”

 

My request specifically stated that the particular, utterly unnecessary article is a de facto religious test imposed on students.  I thought you would understand that I was claiming that this article is elevated to a violation of the Indiana University Nondiscrimination Policy based upon my family’s religious beliefs.

 

Your response:  “Your daughter is neither required by IUSCS to take this particular course, nor is she required in any way to pursue either course or degree requirements through the Indiana University School of Continuing Studies.”

 

When the context of the subject matter is considered, how can any reasonable person not interpret your statements as a blunt act of discrimination against a person based on her sincerely held religious beliefs?  …Your insensitive statements are outright violations of the IU Nondiscrimination Policy.

 

Let me reframe the matter in a different manner that may allow you to better understand the issue.  My intent’s not to be insensitive to you or to others, but to simply massage the issue in a way that may turn a light on in your head…

 

If this same Elementary English Composition course used an essay arguing that Blacks are mentally inferior to Jews, Asians, and Whites, and that it’s a waste of resources to allow Blacks in universities…if a Black objected to the essay …would you say Blacks “are not required in any way to pursue either course or degree requirements through IUSCS.”?  Would you offer your personal argument that “I am confident that the material selection for this course is well within the department's discretion.”?

 

Alternatively, if the essay argued that since only twelve thousand Jews resided in Palestine in 1850 prior to the Zionist movement, the five million Ashkenazi Jews that have invaded Palestine are nothing less than criminals stealing the land and lives of the native Palestinians…if a Jew objected… would you say Jews “are not required in any way to pursue either course or degree requirements through IUSCS.”?  Would you offer your personal argument that “I am confident that the material selection for this course is well within the department's discretion.”?

 

I believe in the two sample cases you would instruct that a substitute article be used for the course.  I further believe you would not make your:  You “are not required in any way to pursue either course or degree requirements through IUSCS” proclamation.

 

The difference in the subject situation is that you personally appear to be more than willing to violate the IU Nondiscrimination policy and bluntly and forthrightly state your discriminatory decision when it involves discrimination against a Christian.  This is wrong.

 

If the article was used in an elective course on personal hygiene for fornicators and homosexuals or a course on propaganda in university courses during the first decade of the 21st Century, I would not request a substitute article

 

I’d like this matter to be resolved amicably at this point.

 

I request that you reconsider my request based upon this supplemental information and instruct that a substitute article be provided.

 

Thank you,

 

Eric J. LeVin

 

 

 

-----Original Message-----
From: Eric LeVin
Sent: Tuesday, October 08, 2002 10:22 AM
To: Onesti, Lawrence J.
Subject: RE: Your request for a substitute article for English W131 Lesson 2

 

Dear Mr. Onesti:

 

Hello, again.

 

My Christian ethics require that I write to you again.

 

Please view this email as it is intended:  It’s a personal courtesy to you…my attempt to be fair and decent…and to give you prior notice of my future efforts to resolve the two acts of illegal religious discrimination by Indiana University against my daughter.

 

I know you may view this email as a threat.  I assure you that’s absolutely not the case.  If my mind set was to issue a threat, my issuing a threat would be pre-empted by my greater desire to just move on with my legitimate grievance and not waste any more time with you.  I want to resolve this matter and move on with life!

 

You haven’t responded to my last overture, reprinted below.

 

If I don’t receive a satisfactory response, my next step is to email the following individuals:

 

Jeremy Dunning, Dean, School of Continuing Studies, and

 

Stephen Watt, Chairperson, Department of English.

 

I will attempt to resolve the matter with them.

 

If I don’t receive satisfaction from either Dunning or Watt, I’ll then proceed to:

 

Charles Nelms, Vice President of Student Development and Diversity, and, concurrently,

 

University President Myles Brand.

 

My communications with Nelms and Brand will include complaints about the fraudulent business practices of Indiana University.  My reference is to the numerous representations regarding purported prohibitions of discrimination, IU’s purported “celebration of a rich diversity,” and other representations such as “the entire University stands behind you,” faculty members are “caring and compassionate,”  “we will all reach out a hand to help you,” “we expect you to keep going even when the going gets rough,” etc., etc., etc., etc., etc.  In short, my daughter’s experience proves that you individually are either a renegade, or Indiana University is actively engaged in consumer fraud.

 

At this point with Nelms and Brand, if my matter is not resolved to my satisfaction, there will have been a third illegal act of discrimination against my daughter.

 

My remedies will then have to be forced upon Indiana University from outside.

 

I will seek expert counsel before taking a particular course of action.

 

Nevertheless, possible courses of action include:

 

Filing an Institutional Complaint with The Higher Learning Commission of the North Central Association.

 

Filing a Civil Rights Complaint with the U. S. Department Of Education, Office of Civil Rights, Region V.

 

Filing a suit in Federal Court, which would include both a remedy to the illegal discrimination and financial damages.

 

There may be other remedies.

 

You’ll be personally named in all of my further attempts to resolve this matter.

 

If I need to go outside of the University, I may or may not first alert the Trustees of the fact.

 

I’m sending this email for two purposes:

 

The first is a last attempt to privately resolve this matter satisfactorily and amicably with you.

 

The second purpose is simply to give you fair warning of what I plan to pursue.

 

If you believe our relationship is sufficiently damaged by the unfortunate circumstances, I would welcome your passing this matter on to another official at Indiana University.

 

I apologize once again for my email asking for your title and authority.  Your subject email, when it was received, had a great number of skipped lines between your name at the end of the email and the second appearance of your name with your title.  When I read your email, on my screen, it appeared that I had reached the end when I came to your name because the remainder was so far down it did not appear on my screen.  It was only when I accidentally tabbed to the bottom of the page that I found your title.

 

Thank you,

 

Eric J. LeVin

 

[[[The prior  email  to Onesti to which Onesti did not respond was attached here.]]]

 

 

 

-----Original Message-----
From: Onesti, Lawrence J. [mailto:onesti@indiana.edu]
Sent: Tuesday, October 08, 2002 5:49 PM
To: Eric LeVin
Cc: Brand, Myles; Nelms, Charlie; Dunning, Jeremy D.; Watt, Stephen Myers
Subject: Re: Your request for a substitute article for English W131 Lesson 2

 

Dear Mr. LeVin,

 

I am responding to your email of today’s date. 

 

Although you have made it very clear that you are unhappy with the materials selected for the course in which your daughter is enrolled, we will not agree to make a substitution. 

 

As indicated to you previously, the selection of course material is committed to the pedagogical expertise of the faculty member teaching the course.  The material selection at issue here is well within the faculty member’s discretion under University policy and core principles of academic freedom.

 

I have forwarded both of your emails and my responses to the university officials referenced in your email so that they will have the full context of any communication that you may choose to pursue with them.

 

I will also reiterate that your daughter may withdraw from the course for a full refund (less a withdrawal processing fee) or she may transfer into another course without charge. 

 

Sincerely,

 

Larry Onesti
Associate Dean, Academic Programs
IU School of Continuing Studies
(812)855-6502
FAX (812)855-8680
onesti@indiana.edu

 

 

 

-----Original Message-----
From: Eric LeVin [mailto:a@tciway.tc]
Sent: Wednesday, October 09, 2002 7:55 AM
To: 'Onesti, Lawrence J.'
Subject: RE: Your request for a substitute article for English W131 Lesson 2

 

Hello!

 

Thank you for your answer.

 

Eric J. LeVin

 

 

 

-----Original Message-----
From: Eric LeVin
Sent: Wednesday, October 09, 2002 5:12 PM
To: 'watt@indiana.edu'
Subject: FW: My request for a substitute article for English W131 Lesson 2

 

[[[Watt is Stephen Watt, Chairman of the English Department at Indiana University, Bloomington campus.]]]

 

Hello.

 

My daughter is enrolled in English W131 Elementary Composition through the Indiana University School of Continuing Studies.

 

Lesson 2 revolves around a particular magazine article.

 

The subject matter and its treatment is offensive to our sincerely held Christian beliefs.

 

I believe the selection serves as a religious test which places a significant obstacle in my daughter’s attempt to benefit from Indiana University.

 

I requested that a substitute article be provided to my daughter.  I indicated that I believed my request was reasonable and that Indiana University should provide a substitute offering.

 

Lawrence J. Onesti, Associate Dean Academic Programs, responded.

 

I believe that Mr. Onesti’s response, which went well beyond a denial of the request, is inappropriate.

 

Mr. Onesti indicated that the selection of the article is “well within the department's discretion.”

 

I disagree.  I do not believe establishing a de facto religious test is within the department’s discretion, regardless of intent.

 

Mr. Onesti has also indicated that the selection of the article is “well within the faculty member’s discretion under University policy and core principles of academic freedom.”

 

Again, I would disagree.  The selection, in the circumstance of the particular student, seems to be a clear violation of the University’s Nondiscrimination Policy and Federal Civil Rights Law.

 

In addition, it would seem that if the selection is within the department’s discretion, as claimed by Mr. Onesti, then a substitution should equally be within the department’s discretion.  It astounds me that an individual (or individuals) at Indiana University would not happily agree to a simple substitution in the circumstances.

 

Having related all of the above, I am appealing to you to authorize the substitution of an article.

 

My basis for requesting the substitute article is my position that the article serves as an illegal religious test.

 

The instructor assigned to my daughter is David Marshall who is a graduate student in your department.  Thus, it’s appropriate that I appeal to you in your departmental role…your department is at the center of the matter.

 

I have attached all of the emails.  Obviously, you should start at the end and work back to the top.

 

Thank you,

 

Eric J. LeVin

 

[[[The email history was attached here.]]]

 

 

 

-----Original Message-----
From: Eric LeVin
Sent: Wednesday, October 09, 2002 5:25 PM
To: 'dunning@indiana.edu'
Subject: FW: My request for a substitute article for English W131 Lesson 2

 

[[[Dunning is Jeremy Dunning, Dean of the Indiana University School of Continuing Studies.]]]

 

Hello.

 

My daughter has a problem at the Indiana University School of Continuing Studies.

 

The problem and issues should be clear from the emails below.

 

I’m appealing to you as the Dean of the Indiana University School of Continuing Studies to step in and give what I truly believe is the only correct response…a substitute article.

 

Thank you,

 

Eric J. LeVin

 

[[[The email history was attached here.]]]

 

 

 

-----Original Message-----

From: dunning [mailto:dunning@indiana.edu]

Sent: Friday, October 11, 2002 2:42 PM

To: Eric LeVin

Subject: Re: FW: My request for a substitute article for English W131 Lesson 2

 

Dear Mr. LeVin,

 

I just returned from a trip and got your email this morning. I am emailing you to let you know I have received it and am looking into the situation.

 

Sincerely yours,

 

Jeremy Dunning, Dean

School of Continuing Studies

Indiana University

 

Now available: IU's first online bachelor's degree!

Visit the School of Continuing Studies Website for details:

http://scs.indiana.edu

 

 

 

-----Original Message-----
From: Eric LeVin
Sent: Saturday, October 12, 2002 2:15 PM
To: 'dunning'
Subject: RE: FW: My request for a substitute article for English W131 Lesson 2

 

Hello!

 

Thanks for the reply...I really appreciate it.

 

Eric J. LeVin

 

 

 

-----Original Message-----
From: Watt, Stephen Myers [mailto:watt@indiana.edu]
Sent: Tuesday, October 15, 2002 1:48 PM
To: Eric LeVin
Subject: RE: My request for a substitute article for English W131 Lesson 2

 

Dear Mr. LeVin,

&