Having just retired as head of an independent school, I can say with extra enthusiasm that I’m glad I’m not in Michael Hirschfeld’s shoes. Hirschfeld is rector (head) of Concord’s venerable St. Paul’s School.
Last week, the New Hampshire attorney general announced an investigation into St. Paul’s alarming record of sexual misconduct; both in the 1948-88 era and in more recent years. The investigation will proceed in concert with the Merrimack county attorney, New Hampshire State Police and the Concord Police Department.
The most infamous incident was the 2015 conviction of Owen Labrie, an 18-year-old graduate from Tunbridge who was found guilty of using a computer to lure a 15-year-old freshman girl online for sex, a story that drew national media attention. His sexual aggression was part of a tradition known as Senior Salute, where upperclassmen documented their “conquests” of younger female students. A subsequent investigation initiated by St. Paul’s substantiated claims against 13 staff members for sexual misconduct in the 1948-’88 era. Similar scandals have arisen at dozens of American private schools in recent years, including several New York City schools.
Most recently, an investigation revealed what seems a continuation of the male conquest tradition at St. Paul’s, wherein sexual success earns display of, or on, a crown.
During my tenure as head of the Calhoun School, a private school in Manhattan, I gained some experience in this dismal aspect of school leadership. I took it — take it — quite seriously. It is clear that many private schools were rife with sexual exploitation of students by opportunistic predators, particularly in the ’60s, ’70s and ’80s. Luckily, I learned of only one instance that preceded my tenure. The response was swift, the staff member dismissed and the victim treated with compassion and deep respect. He and I remained in friendly contact from 2001, when the allegations arose, until my retirement.
While sexual aggression is not entirely gender- or identity-specific, it is primarily a disease of male entitlement, fueled by a culture that encourages such attitudes and behavior. This climate is not helped by the actions and words of the current president. Schools have a particular responsibility, along with parents and others, to address these sensitive matters early and often with the boys in our care. While St. Paul’s must assertively examine and address the present and past incidents that have drawn this uncomfortable scrutiny, the most important work is prevention, not investigation or sanction. I hope and trust that Hirschfeld and colleagues are engaging in that work.
According to published reports, many politicians endorsed the attorney general’s investigation, and no objections were offered. Therefore I suspect I am in a conspicuous minority.
While not a lawyer, I wonder if there is adequate statutory justification for such a presumptuous use of government authority. It would seem that the judicial system offers many doors of entry into investigation of sexual misconduct. Any aggrieved party may seek criminal action or have standing to sue. A prosecutor can charge an individual with an offense.
An obvious example is the civil suit filed by the family of Owen Labrie’s victim, charging that St. Paul’s failed to protect their daughter and allowed a “perverse culture to fester at the school.” It is their right to file such a claim, use the discovery process to reveal the school’s practices and allow the court to decide the case. But should an attorney general initiate what seems a completely open-ended investigation of St. Paul’s, past and present, on the rather vague premise stated by several politicians, of broadly “protecting children”?
It may be politically gratifying to unleash the power of the attorney general, the state police, the county attorney and the Concord Police Department, but is it necessary or effective? They are certainly equipped to investigate crime, but are ill-equipped to address school policy and practice. It is possible that the highly public investigation will actually make it more difficult for St. Paul’s to do the important work it must do to address the issues at the root of the problem — serious and open conversations about gender identity, sexual identity, male entitlement, consent and respect.
It is unconscionable for any institution to engage in denial or cover-up of any sexual misconduct, whether historical or current. It cannot be entirely clear to anyone outside the institution whether St. Paul’s is dealing with this as honorably as one might hope.
But the rector and governing board are best equipped to deal with a mighty complicated and sensitive issue until and unless a civil or criminal matter arises.
Steve Nelson lives in Boulder, Colo., and Sharon. He can be reached at stevehutnelson@gmail.com.