Letter to the Editor
Meaningful resolution will not be achieved if Kaplan does not cooperate
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Dear Editor,
It's interesting to note that it took Kaplan two weeks to carefully craft a statement in response to allegations of derogatory
statements he made about the Hmong in his class on February 15. In his public statement, Kaplan tries to set the stage for
a lecture after taking two weeks to consider how to editorialize and comment on what he meant to say. Not on what he
actually said, or how he said it, but what he "meant to say." I wish in life we can always go back and say this was what I
"meant to say" to get us out of trouble.
Kaplan did not "set the stage" as he so eloquently put in his three page response letter. He did not use the phrases "for
example" or "to highlight my point" to put into "context" the statements he was stating. Before Kaplan started making
remarks about the Hmong he first surveyed the class by asking if anyone was from Stevens Point or from Northern
Wisconsin and if anyone was familiar with the Hmong. What took place in the lecture hall after Kaplan did not see any
Hmong in his class can only be best described as the use of offensive, derogatory and false stereotypes about the Hmong
community, its culture and its men to illicit discussion from the students. What actually was said in the class has been
reported with various accounts of what Kaplan "may have said" or "what he meant to say," but even in his public statement
Kaplan admits to calling Hmong warriors, second generations Hmong men are in gangs, and that Hmong men paid too
much for their wives.
Nam Dao, the Vietnamese American student in his class stated at the first meeting on February 21 that, "I can see how
the Hmong students were offended. Since I was Vietnamese and not Hmong I personally was not offended. However, if
Kaplan made the same remarks about the Vietnamese I would have been offended also."
This statement by Dao gives credence to the complaint that Kaplan was not using the statements as examples but
merely perpetuating derogatory stereotypes. If Kaplan did provide context to what he was saying, Dao's response would
have been that regardless of what ethnic group Kaplan chose, the statements were not offensive because it wasnÂ’t
intended as such. Indeed, if Kaplan had provided context or indicated he was merely using those statements to illustrate
his objective, Dao his biggest ally would not have attested to how offensive the statements were.
Kaplan asserted the derogatory statements about the Hmong as facts and not as part of any methodology in lecturing.
According to former and current students of Kaplan, this is typical of Kaplan's lecture style in which, "Kaplan comes into
class and just says what's ever on his mind. He doesn't really think about what heÂ’s saying or if he offends anyone. I can
see him making those statements about the Hmong. He's made similar statements about other minority groups."
There is a difference between using stereotypes as examples for open and honest discussion to deconstruct those
preconceived notions as compared to using stereotypes and asserting those as facts to perpetuate stereotypes. It appears
that Kaplan chose to do the latter.
Furthermore, what's more troubling is the actions of Kaplan on February 20 when the three students, following the advice
of law school administrators, agreed to meet with Kaplan separately to discuss their concern and how his statements have
impacted them. Instead of acknowledging that his words may have been wrongly stated without context, Kaplan tried to
intimidate, berate and aggressively challenged those students to defend their culture. Is this the type of behavior we should
accept from professors when students challenge them?
It does not matter how smart you claim to be, how long you have been a professor, or how many friends you have writing
letters to the editor attesting to your, "Outspoken, passionate, intellectual and politically correct" ways, it does not give you
the right to engage in conduct that disparages ethnic groups and to subjugate students through intimidation. If you were all
that you and others claimed to be, you should have known better and hold yourself to a higher standard.
We may never agree on what was said or even on the outcome of this unfortunate event. However, everyone has the right
to due process including the law students. The student's concerns should not be minimized by insinuating that they were
overly emotional or overly sensitive. Only the two students who were in the classroom that day and in the meeting with
Kaplan can attest to how they were offended and what type of hostile learning environment was created as a result of
Kaplan's statements and action. The students have been clear from the beginning of their intent to resolve this in a
respectful manner that allows for all parties to be engaged in the process.
Rather than have the incident play out in the media the students are attempting to rectify the damage done by working
with the law school administrators to request an appropriate venue to engage in a meaningful discussion to resolve this
issue. This shows their maturity and respect for the due process of addressing the issue and for KaplanÂ’s rights of due
process. As I write this editorial today, Kaplan is still defiant and refuses to work with the administration and the students
for a resolution. In fact, he refuses to personally communicate with the law school administration. What does he have to
hide that is keeping him from resolving this issue in a meaningful resolution?
The ongoing blogging, editorials, and side conversations from this incident exposes the failures in our higher
educational system. These failures include cultural competence and not teaching students and faculty to be aware and
receptive to differences. This awareness can be a source of strength and appeal, not as an impediment to the
maintenance of a status quo, to encourage civility and respect, and to foster institutional environments and course
development that enhance learning and a respect for racial and ethnic diversity at the university. In particular, let us hope
that this incident urges the law school and the university to ensure that students have a safe learning environment and to
ensure proper venues to raise their concerns when that environment is threatened.
Peng Her
Madison , WI