Guest Post: Native American Exclusion as a Form of Paper Genocide
Guest Post: Native American Exclusion as a Form of Paper Genocide
Victoria Sutton
Member of the Lumbee Tribe
Texas Tech University School of Law
Recently, I applied for an NSF grant to survey the attitudes and perceptions of Native American scientists about human gene editing. The grant was rejected and one of the comments from a reviewer was essentially, “Why not include other ethnic and racial groups? Why just Native Americans?” I assumed I had done a poor job of explaining why this group would have culturally unique perspectives, and resubmitted. Needless to say, it was not funded.
The profound conclusion this reviewer must have made was that Native Americans have no different perspective from any other ethnic or racial minority group so why make any distinction since there is no value in asking “just” Native Americans their opinions.
The disappearance of Native Americans from statistical data for universities and law schools is not just a quirk of statistics. The word disappearance is intentional, and relates to the genocidal policies of first Great Britain and then the United States against the indigenous population in America. Not only was physical genocide embraced, but paper genocide as well, eliminating references to Native Americans in property records, census records, birth and death records in a paper genocidal policy.
There is no question about genocidal policies and the U.S. as a nation has denounced it and apologized for it, most recently President Obama. Paper genocide has been more subtle but generationally harmful. What amounts to a continuing theme of paper genocide, professional organizations, college data collectors and other observers leave Native Americans out of statistical data collection and reporting. Last year, I was able to find that the LSSSE study of law students included Native American students just as they considered other ethnic and racial groups, and I was able to access useful data for my own research.
From that data some important differences among racial and ethnic law students emerged from the question about how much time per week students spend caring for dependents. Native American law students spend considerably more time per week than other groups on dependent care. The data show that 36% of Native American law students spend more than 16 hours a week on dependent care (which includes taking care of children, parents, or grandparents) compared to 13% of Asian Americans, 18% of Black students, 14% of Latinx students, 20% of Native Hawaiians/Pacific Islanders, 11% of whites and 14% of multiracial students. This may explain why the data also show that Native Americans are more likely than others to say their schools contribute only “very little” to their non-academic responsibilities.
Figure 1. Time spent caring for dependents: More than 15 hours a week 
Because LSSSE has longitudinal data, it is clear that the high percentage of Native Americans who spend significant time on dependent care is consistent over time and not an anomaly just for 2019. The numbers are very small but we can still make some incredibly insightful findings with this data. Just reporting on “people of color” as one group would have masked this significant difference between Native Americans and other communities of color.
I was disheartened when the Princeton Review, a long time college guide for undergraduates, stopped collecting data on enrolled Native Americans at each university. Last year, I was shocked when a spokesperson from the American Institute of Architects (AIA) unapologetically announced to an annual meeting of Native American architects (AICAE) that they would no longer collect data on Native American architects as a distinct group—simply because it is a small group.
Recently, the NALP Foundation and the University of Texas at Austin School of Law, Center for Women in Law continued the unapologetic paper genocidal trend against Native Americans, when their report on “Women of Color: A Study of Law School Experiences” was released with the term “Native American” barely referenced in the entire 165-page report. They unapologetically proclaimed their study did not include Native Americans in the “Introduction” when they wrote, “The study further analyzes the experiences reported by women of color by Asian/Pacific Islander, Black/African-American, and Hispanic/Latina students.” The only mention of Native American data in the text of the report is on page 157 where they admit that this data simply disappeared into an amorphous group of “women of color,” without acknowledging how the experiences of Native Americans could be different from women of color as a whole.
This study, which received significant corporate sponsorship, could have allocated resources to oversampling Native American women students or finding other ways to include more Native Americans. The authors wrote in their “Introduction” that “ultimately, 46 law schools throughout the United States, joined by several law school affinity groups, agreed to participate in the study by distributing the survey instrument to their law students.” While convenient, this sampling procedure is flawed. As an academic who uses empirical methods in my research, I am shocked the authors did not use any methods to reach a population they knew was underrepresented in law school only to claim in their report that “low response numbers from other cohorts precluded reporting those results separately.” The problem is not low response rates, but flawed methods.
To avoid paper genocide, researchers have an obligation to be purposeful in their methods to reach and include Native Americans and share their disaggregated perspectives as part of reported findings. When researchers do not do this, at worst, they continue the practice of paper genocide and at best, it is an unapologetic microaggression.
To illustrate what being visible means to the Native American community, the title of the 2019 American Indian College Fund equity initiative is, “Creating Visibility and Health Learning Environments for Native Americans in Higher Education.”
[I]nvisibility is in essence the modern form of racism used against Native Americans. It is this invisibility that leads to a college access and completion crisis among Native American students. When a student is invisible, his or her academic and social needs are not met. This leads to students feeling alienated and alone, derailing their matriculation and the realization of their dreams and potential.
Quite simply put, any study purporting to be about “women of color” or “people of color” should include disaggregated data on Native Americans, too. To miss this point, is not only to engage in, but to embrace paper genocide of Native Americans.
Guest Post: Student-Faculty Interactions: A Closer Look at the Office Hour
DeShun Harris
Assistant Clinical Professor of Law & Director of Bar Preparation
The University of Memphis Cecil C. Humphreys School of Law
Student-faculty interaction is an important component of law school. Indeed, LSSSE data indicate that the majority of students engage with faculty on matters other than coursework. In thinking about the many ways in which faculty engage with students whether in advising, academic support, mentoring, coaching, and office hours, it is important to consider how one-on-one meetings with students can be fruitful. As it relates to office hours specifically, because they are a requirement of the ABA, it’s important that think about the ways in which office hours can be conducive to learning and expand what is known about them.
My research of office hours unveiled how to enhance office hours: overcoming underutilized office hours, creating a welcoming office, understanding the office hour framework, and creating a learner-centered collaborative environment. While much of the formal published article focuses on the framework of office hours and creating a learning-centered environment, for readers here, I think it’s important to focus on overcoming underutilized office hours and creating a welcoming office. In other words, let’s think about how students are encouraged to attend office hours. This becomes of particular importance to ensure some students aren’t missing out on critical faculty-student interactions. It is important, given the changing times, that one considers how the office hour might be adapted especially when we return for Fall 2020.
Encouraging Attendance: Invite Students Directly
Students have perceptions about office hours that are often the result of past experience or perceptions of their professor. For example, some students may believe office hours are only for students who are struggling. Some other students may believe professors are unapproachable or unavailable. There are many reasons why students may choose not to attend office hours even when they may be beneficial. With many students returning or beginning law school remotely, breaking down those perceptions is going to be very important when other types of faculty-student interaction might be reduced or changed (e.g., talking to students immediately after class, bumping into students in hallways, or chatting with students at events). This will make engaging some students in the office hour more important.
Professors can address these perceptions and circumstances by being intentional about inviting students to their office hours. For example, place a statement in the syllabus that explains the purposes of office hours (e.g., to ask questions, to explore ideas beyond the scope of class, to strengthen their analytical skills, or to learn more about the profession). Professors can reaffirm office hours by inviting students to visit periodically through the semester by expressing it during lectures or through emails or postings to the learning management system. My research also indicates that giving meaningful feedback can be a useful way of increasing the usage of office hours by students even more so than creating a welcoming environment; as professors think about assessments, they may find more students come as they provide feedback.
The Office Setting: Make it Comfortable
While it may be a while for some law schools to begin in-person teaching, when it does begin professors should be aware that the physical office sends implicit messages to students. A messy office with papers strewn about can communicate busyness and that the student is taking up valuable time. An office that creates a great deal of space between student and professor can communicate a clear divide between the two, making it difficult for the student to share honestly. Finally, for some students, coming to a physical office can be intimidating or less accessible.
Professors can make their offices and themselves appear more accessible by minimizing clutter, minimizing computer screens, and silencing phones. These small steps can help the student feel invited rather than feeling they are a distraction. To the extent possible, professors should structure their offices in a way that communicates collaborations rather than a hierarchical barrier between professor and student. Where it isn’t possible to close spacing due to social distancing, alternatives can include situating one’s self side by side or sitting at a round table to keep an appropriate distance but feeling closer or collaborative.
Alternatives to the Office: Online Options Work Too
This past semester, many professors learned that the physical office hour isn’t the only way to meet students. Using email or instant messaging can be a good way to reach those students who may be unable to attend physical office hours. But research suggests that email can sometimes be read with unfavorable biases toward minorities and women. It is important to create clear policies for the appropriate use of email to avoid unyielding chains of emails or questions that may be more appropriate for discussion. Professors may also create policies related to when emails will be answered to alleviate the stress of feeling a need to respond.
Phone calls and videoconferencing are great tools that if used properly can replicate the in-person office hours. More research is needed to evaluate the best practices for doing so, but professors should think about what they are asking of students if they request students to appear on screen (for some students it could be breaking a barrier between home and professional life that they aren’t willing to cross due to shame or privacy concerns). And meeting students in locations other than one’s office like common spaces can also serve to break down barriers and create more accessibility. Alternatively, professors may consider reserving larger spaces that allow groups of students to meet with the professor which may also reduce any barriers the student may have.
Conclusion
Office hours are an important part of student-faculty interactions. Professors might consider ways in which they can enhance office hours and make them more available and welcoming to their students. With the changes brought by COVID-19, it is now more important that professors evaluate the ways in which they adapt online versions of our office hours or meetings we have with students, and also give thought to what future in-person office hours might look like.
___
References:
DeShun Harris, Office Hours Are Not Obsolete: Fostering Learning Through One-on-One Student Meetings, 57 Duquesne L. Rev. 43 (2019).
ABA Standard 404(a) (1), http://www.americanbar.org/content/dam/aba/publications/misc/legal_education/Standards/2016_2017_standards_chapter4.authcheckdam.pdf.
Looking Ahead: Assessment in Legal Education Annual Results 2014, http://lssse.indiana.edu/wp-content/uploads/2016/01/LSSSE_2014_AnnualReport.pdf.
Rosemarie Arbur, The Student-Teacher Conference, 28 College Composition and Communication 338 (1977).
Elaine S. Barry, Using Office Hours Effectively, Observer, June/July 2008.
Whitney Griffin, et. al, Starting the Conversation: An Exploratory Study of Factors That Influence Student Office Hour Use, 62 College Teaching 94 (2014).
Mario Guerrero and Alisa Beth Rod, Engaging in Office Hours: A Study of Student-Faculty Interaction and Academic Performance, 9 Journal of Political Science Education 403 (2013).
Lydia Eckstein Jackson and Aimee Knupsky, “Weaning off of Email”: Encouraging Students to Use Office Hours over Email to Contact Professors, 63 College Teaching 183 (2015).
Robin S. Wellford-Slocum, The Law School Student-Faculty Conference: Towards A Transformative Learning Experience, 45 S. Tex. L. Rev. 255, 262 (2004).