The Original Emory Law School N-Word-Using Professor Faces A Hearing On His Future Today

Emory’s law school has a bit of a problem with the casual use of the n-word, and while one professor caught deploying the term immediately began to make amends, the law professor who kicked off Emory’s current spate of problems — who was caught using the term twice — plans to vigorously fight the school in a faculty hearing today. The committee will determine if the professor, Paul Zwier, should be reinstated or remain suspended without pay for up to another two years.

Law.com affiliate The Daily Report acquired a copy of the 75-page report from the Emory Office of Equity and Inclusion, which recommends another two years on ice.

The unsigned report concluded that Zwier’s use of the n-word in a first-year torts class and his subsequent use of a variant of the epithet in a private conversation constituted “a pattern of discriminatory harassment” that was “so severe” it created “an intimidating, hostile, or offensive educational environment” that was “disruptive” and interfered with students’ academic performance.

It’s astounding how unnecessary it is to use this language. For his own case, Zwier says that, “in using the n-word, he intended to suggest that the court record was sanitized and that the plaintiff had actually been called the inflammatory epithet.” You see how that sentence accomplished exactly the same purpose without any racial slurs? Amazing!

Unfortunately, rather than embrace this reality and seek amends, Zwier’s got the American Association of University Professors and the Foundation for Individual Rights in Education trying to pitch this as academic freedom thing.

When I’ve discussed this case over social media, Zwier’s defenders allege that the second incident was a “trap” of sorts — an utterance drawn out by a student with an agenda. It’s a weird way to put it because an agenda of “maybe don’t use the n-word” doesn’t seem all that bad, but whatever. In any event, the Law.com article recounts allegations that the second accuser’s behavior that tends to make him look like he was a vexatious party — including characterizing the interim dean’s cautionary words about avoiding libel during the ongoing investigation (which led that same dean to call for Zwier’s dismissal) as a “threat.” Putting aside whether or not one can be forgiven for being overly upset about being forced to listen to racial slurs, when no one is seriously contesting that the supposed professional in a power position used racial slurs, who the hell cares what the guy on the receiving end did?

“I was trying as much as I could [to explain] what my family background was. It was not meant disparagingly to any group,” Zwier said in explaining why he told Tolston he had been called a ”n-r lover.”

Yes. That right there is all that’s relevant no matter what the other guy did afterward. This is the old Sarah Silverman routine (that got her in a good deal of trouble at the time) highlighting how racial slurs don’t become better when you say you “love” them. Being an ally doesn’t carry absolute immunity in perpetuity. In Zwier’s defense, he seems to genuinely feel that he’s substantively on the right side of the civil rights chasm and that this is entirely stylistic.

The problem that he just doesn’t seem to grasp is that rhetoric isn’t just stylistic. It shapes everything about the educational dynamic. In another conversation with a student, Zwier pointed out his genuine track record on racial justice work and said, “I’m the wrong guy to be subject to this kind of attack as if I’m cavalier or insensitive or… misunderstanding how it can cause harm.”

No, if you’re not yet in a position to say, “it was cavalier and insensitive and I did misunderstand how it can cause harm,” then you’ve not yet come to grips with what’s really going on here. Once that’s been done, the path to returning to school can begin, but not before.

Confidential Report Sets Stage for Emory Law Prof’s Hearing Over N-Word [Law.com]

Earlier: Welcome To Emory Law School — It’s Been 0 Days Since We Last Used The N-Word In Class
Why Can’t Emory Law School Professors Stop Using The N-Word All The Time?
Law School Professor Drops The N-Word In The First Week Of Class
Law School Professor Who Dropped The N-Word In Class Is Back At It
Law Professor Drops Racial Slur In Class Because Otherwise How Will Black Students Ever Learn About Racism?

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Joe Patrice is a senior editor at Above the Law and co-host of Thinking Like A Lawyer. Feel free to email any tips, questions, or comments. Follow him on Twitter if you’re interested in law, politics, and a healthy dose of college sports news. Joe also serves as a Managing Director at RPN Executive Search.