USD claims Hawaiian day controversy was not Administration’s fault, tries to blame SDWC in part for the spate of political correctness scorn.

Pat Powers

I didn’t catch this part during the Government Operations and Audit Committee meeting this morning, but the University of South Dakota’s investigation of themselves apparently claimed to legislators that somehow I was to blame in part for the scorn heaped upon the institution over the Hawaiian Day snafu?

The association posted the new name on Facebook saying they’d been notified about the cultural insensitivity, but it wasn’t clear it was by the student, not USD administrators, Gestring said. The conservative blog South Dakota War College wrote that USD was “censoring” the students and connected it to the campus free speech bill that had been defeated in the Legislature that morning.

“That interpretation was false,” Gestring said. “Others quickly seized on that false interpretation and apparently were very successful to generate a national media controversy suggesting that USD had somehow censored the event name.”

In reality, Gestring said, USD employees weren’t involved in the party name change and the law school administration only became involved when the association turned to them for help in handling the fallout caused by that blog post. Students asked the administration if they should cancel the party, to which the administrators encouraged them to continue with the party and sent an email afterward saying that they understood how it could be culturally insensitive and agreed with the association that leis shouldn’t be handed out at the party.

Read that all here.

It’s interesting spin to the legislative committee, given the fact that the post asked a question about censorship, based on the vagueness of the Student Bar’s post vaguely alluding to someone informing them that Hawaiian day was improper:

We have been informed that our previous “Hawaiian Day” was politically incorrect. So, who exactly tells the Student Bar of USD that something is politically incorrect?

The investigator reporting to GOAC – at least according to the article – noted that it was one student who asked it not be used. One student out of the entire student body?  If that’s what it takes for them to start swinging the sword of political correctness, that’s a pretty low threshold.

And a person can’t help but wonder if that’s all of the story.

Getting back to the e-mail that went out from the USD Law SBA:

The investigation (or at least the news article documenting the meeting) claimed that the above e-mail went out at 6 PM. But, as you can see, that isn’t exactly accurate, since this was screen captured by my source before 4:30, despite the claim of a later time. Not sure what the explanation for that might be, but it’s interesting.

And as for the quote, specifically that “It was determined that these are culturally insensitive by the administration after doing research based off of the essay written by the initial complainant.”

Based on the institution’s investigation of themselves, USD’s administration denied to the committee there was a directive, despite the e-mail that went out from the USD Law Student Bar Association.

So, we’ll see if anything develops further. And if GOAC agrees with USD that USD’s investigation of themselves is sufficient.

60 thoughts on “USD claims Hawaiian day controversy was not Administration’s fault, tries to blame SDWC in part for the spate of political correctness scorn.”

  1. So much for taking responsibility…blame this blog…hey maybe you have more influence than you know!

    1. “Cultural insensitivity” and “inclusive excellence” policies which turn Hawaiian Day into Beach Day strongly discourage actual beach ware. Who exactly tells tells the Student Bar of USD that something is politically incorrect. Answer is the “the Administration”. Since the administration works like any other bureaucracy; decisions are passed up and down, and around so nobody has to take responsibility. This is the year of the Federal Land Grant Act for higher-ed institutions. It is also the 150th. year of the completion of the Transcontinental railroad and the Homestead Act which bought us to what South Dakota is today.

    2. “Cultural insensitivity” and “inclusive excellence” policies which turn Hawaiian Day into Beach Day strongly discourage actual beach ware. Who exactly tells tells the Student Bar of USD that something is politically incorrect. Answer is the “the Administration”. Since the administration works like any other bureaucracy; decisions are passed up and down, and around so nobody has to take responsibility. This is the year of the Federal Land Grant Act for higher-ed institutions. It is also the 150th. year of the completion of the Transcontinental railroad and the Homestead Act which bought us to what South Dakota is today.

  2. Usd admitted they told students to cancel the wearing of leis. They broke their own free speech rules. Might be time to oust Gestring. She doesn’t get it

      1. Yeah 3L, publish your name in this forum so that the vindictive USD administrators can track you down and further repress you as well as take other steps to teach other students that they can’t fight the administration. What could possibly go wrong?

        War is Peace. Speech has always been free.

    2. Maybe it’s your bad for not doing better research on the employment opportunities offered (or not offered) upon graduation at USD Law.

    3. Are you saying the Administration lied about what actually happened? Please elaborate as I am sure many legislators and other interested parties would like to here your side. Or I would suggest contacting one of the chairs of GOAC since that is who the report was given to.

  4. Oh, let’s have our own lawyer “investigate” ourselves. That’s super fair! Nothing to see here. What a joke. Remind me never to hire a lawyer from usd.

    1. I know, right? It’s similar to suing the Dept. of HHS, alleging a vaccine caused injury, but you’re prohibited from presenting any evidence other than the science provided by the CDC. That’s totally fair!

      1. Oh, Good Lord. Anti-vaxxers you are are off topic in a discussion about higher education.

        1. You’re assuming that I’m an anti-vaxxer. I’m not. What I stated is true. The connection my comment makes is trusting evidence an internal investigation, completed by an individual within that institution, provides is careless.

  5. So who’s the punk that is so offended and set off this shitstorm. That’s the idiot who no sane person should ever hire. Usd law school just came one step closer to being a total joke

  6. I don’t think the liberals who run our campuses are getting the message from the legislature. People want the PC insanity to end and they want some conservative voices on campus. If the universities don’t self-reform it will get ugly. And justifiably so

      1. Tara, You need to learn some history. One of the founding principles of this great nation is the importance of protecting anonymous speech. By your definition, George Washington, Thomas Jefferson, Thomas Paine, James Madison, John Jay, Alexander Hamilton, James Monroe and dozens of other Founding Fathers were cowards because they used pseudonyms. It is small-minded to try to dismiss ideas by dismissing the person.

  7. An outside investigation is needed. Of course the internal usd lawyer will say everything is totally fine. If this is how the law school handles investigatory procedures no wonder half of law students flunk the bar exam.

  10. Anyone know who the dipshit is who complained about Hawaiian Day? We know at the law school. This person should be exposed and never ever practice law.

  11. From what I understand, talking to someone who was there at the meeting, they really didn’t have documentation to provide to legislators when asked. I don’t know that I’ve ever heard of that as a result of an investigation.

    If anyone has more information on this – especially documentation – please drop me a note.

  13. The governor should appoint a lawyer to do a real investigation and written report and put witnesses under oath. This whole thing is fishy and weird.

    1. Suggesting Noem appoint a lawyer to investigate may not be the best idea. Government and govt run schools do not have a trustworthy reputation. Alumni and USD donors, who are fed up with this nonsense, may be a better choice for getting people to take responsibility and providing a clearer explanation.

  14. USD quashes free expression and then screams Fake News when exposed. Really teaching them kids right down there.

  15. New president off to a rocky start. She doesn’t care much for free speech or conservatives

      1. Yeah Bill, tell us your name so that “Tara” can revile it:

        Maybe you are the joke for not reviling your name.

  16. Usd really in deep. After goac, legislators demanding sworn statements and report. Try telling truth usd!

    2. GOAC won’t touch education issues….remember Gear-up and the Dept of Education. They voted down an investigation.

    1. All phony cowards who won’t reveal their names. Not a good example for University students.

      1. Tara Volesky, anonymity is an option on this blog as it is on most blogs. There is a big difference between mistakes being hidden as in USD not being forthcoming about the censorship issue and people criticizing those actions on this blog. Not sure your comments are provoking meaningful dialogue… thanks though.

  19. I find it rather interesting that so much has been made of something that started out as some students wanting to have a little fun at a party. It sounds like a snowflake, and I am willing to bet this person is not even from Hawaii, had a “concern” and expressed them to the people having the party. The people at the party tried to placate this person and by the time it is all said and done, the administration stepped in and essentially tried to make it so nobody would be offended. Now we have an administration trying to deflect the blame to an online blog instead of taking the responsibility for this stupidity themselves.

  20. This is embarrassing for usd. Who at usd canceled the wearing of lei. We need names. This investigation was a joke.

    1. ‘Hawaiian Day’ investigation: USD students’ free speech not violated by party name change. Read the article in the Argus. Coyotes emerge the winner.

        1. The Legislature investigating? lol. They should be working on cutting government and lowering our taxes.

            1. The student’s stepped up to the plate and solved the issue on their own. These students will represent their school with the highest integrity and loyalty. They can think for themselves.`

            4. Well they would probably change the name from Beach day to Snowflake day……..since we had more snowflakes than sun rays.

  21. Weird how this post get 3-4x more comments than most any other post this year. Even stranger is that a vast majority of these posts are random pseudonyms that have I have never seen post here before, and they are all saying basically the exact same thing. Troll farm much?

  22. Why not bring in a neutral investigator? Doesn’t make sense to have an internal lackey do that.

  24. The student’s figured it out themselves. They didn’t need SDWC or some Legislators interfering. That’s how you learn….make a mistake…..figure out the mistake….fix the mistake….learn from it…..then move on. That’s called education. Good job USD……you don’t need a stupid law hanging over your head. You just showed everybody how to be a problem-solver. We have something called the first amendment in which these students were able to utilize in a very professional way.

    1. One person offended doesn’t make it offensive.

      One person trampled on the free speech of the other 99%.

      The faculty needs to be interviewed under oath.

  26. Law students are deeply embarrassed by this. They realize their free expression was killed by this whole affair. This isn’t the only thing that is happened. People here fear to speak up because professor Sean Kammer and Frank Pommersheim will shame and attack them. It’s not fair. We need more balance at USD, it is that simple.

  27. They are just fine. This is a good warm-up for all the drama they will be dealing with when they become Lawyers. Nothing like gaining experience and dealing with the nay sayers.

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