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TO EXPEL HIM OR NOT? — ACADEMY MEMBERS DEBATE HOW TO DEAL WITH HARVEY WEINSTEIN

The organization's board of governors will meet Saturday to decide what action
to take against the disgraced mogul.

By

Scott Feinberg, Gregg Kilday
October 13, 2017 6:00am



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Should the Academy of Motion Picture Arts and Sciences strip disgraced film
mogul Harvey Weinstein of his membership?

That’s the question that the organization’s 54-member board of governors will
face when it gathers for an emergency meeting Saturday.



For some, it isn’t even an open question. “He’s a reprobate. Of course, he
should be kicked out,” says Larry McMurtry, the Oscar-winning co-writer
of Brokeback Mountain. “There are far more deserving folk who are talented and
behave with grace and dignity who aren’t even in the Academy. Why keep someone
like him?”







Others suggest that whether or not Weinstein remains a member, he’s effectively
no longer part of the group. “The Academy should consider condemning him in the
most forceful terms,” former Academy president Sid Ganis tells The Hollywood
Reporter. “Kick him out? He’s already out.”



For still others, although they are equally adamant in condemning Weinstein, who
has been accused of multiple incidents of sexual harassment, abuse and even
rape, there is the worrying concern that banishing Weinstein would set a
precedent which would force the organization to begin policing the behavior of
its 8,427 members.

“It’s not that I wouldn’t like to see Harvey booted out of the Academy. I
would,” comments Bruce Feldman, a member of the public relations branch. “But
this raises questions about [Roman] Polanski and [Bill] Cosby and Lord knows who
else. And then there are the legions of big-shot producers and execs who
belittle and scream at everyone daily. Is persistent abusiveness okay, but
sexual predation isn’t? I ran for [the board of governors] twice and lost.
There’s a silver lining in everything.”

On Wednesday, as dozens of women stepped forward to testify about their
encounters with Weinstein — who was fired Oct. 8 by the board of The Weinstein
Co., which he co-founded in 2005 — the Academy issued a statement saying it
“finds the conduct described in the allegations against Harvey Weinstein to be
repugnant, abhorrent and antithetical to the high standards of the Academy and
the creative community it represents.” It also announced that the hastily called
board meeting would discuss the allegations and “any actions warranted.”







While it’s generally believed that once invited to join the Academy, a member is
a member for life, the Academy’s bylaws do provide for the expulsion of members.
In stipulating the duties of the board of governors, the bylaws state, “Any
member of the Academy may be suspended or expelled for cause by the board of
governors. Expulsion or suspension as herein provided for shall require the
affirmative vote of not less than two-thirds of all the governors.”

In its 90-year history, the Academy has expelled only one member: Carmine
Caridi, an actor who was found to have violated the Academy’s no-loaning
screener policy after copies of movies that had been sent to him turned up
online. 

The Academy has also established expulsion as a punishment is in its regulations
regarding Oscar campaigning, which is ironic since a number of the current rules
were created to try to curtail the aggressive Oscar campaigns that were a
Weinstein specialty. As head of first Miramax and then The Weinstein Co., he
fielded five best picture Oscar winners and won a trophy himself as a producer
of 1998’s Shakespeare in Love.

“Any Academy member who has authorized, executed or otherwise enabled a campaign
activity that is determined by the Board of Governors to have undermined the
letter or spirit of these regulations,” the rule reads, “may be subject to
suspension of membership or expulsion from the Academy.”

In this case, though, Weinstein is accused of something far more serious than
shamelessly courting Oscar voters: He is being called a serial sexual predator.
While he initially acknowledged his behavior had “caused a lot of pain,” he
subsequently insisted any sexual encounters were consensual and denied the rape
allegations. Many of the alleged incidents took place in or grew out of business
settings — office meetings, business dinners, ostensible auditions and film
festival visits — and given the mogul’s outsized reputation have also tarnished
Hollywood in the public eye.







Says executive branch member Donald Rosenfeld: “We must take this ugly, tawdry,
destructive and utterly despicable Harvey Weinstein for what it is: the
unthinkable. We members of the Academy are creators and not destroyers: Harvey
Weinstein must be immediately expelled for life from the Academy. We must seize
this moment to establish a code of honor — an honor code, if broken by any
member, that will result in the same exclusion from the Academy, in perpetuity.
What Harvey Weinstein has done to these young, hopeful lives — making victim
after victim, through his continued sick, evil and criminal behavior, can never
be forgiven.”

Amy Berg, an Oscar nominee for her documentary about sexual abuse in the
Catholic Church, Deliver Us From Evil, notes, “Removing Harvey’s power begins
here. Sadly, Harvey Weinstein’s exposé is just the tip of the iceberg. There are
people in the industry who are known predators. They brag about their conquests
and get endorsement for bad behavior. We hear stories and are disgusted, but we
don’t now how to react. The Academy should come up with an action plan — maybe a
confidential tip line — to start to police this bullying and abusive behavior.”

Commenting on a Vanity Fair article about Weinstein’s accusers posted on
Facebook, CBS Films president Terry Press wrote: “If the Academy does not kick
him out, I am resigning my Academy membership.”’

Prominent public relations exec Kelly Bush Novak, founder and CEO of ID PR,
says, “Simply put, anyone who demonstrates such a prolific pattern of
reprehensible conduct which has systematically impacted the safety and respect
of women (or anyone) in our industry should be formally censured and expelled
from the Academy.”

Noting that the British Academy of Film and Television Arts had wasted no time
in suspending Weinstein, public relations branch member Stuart Zakim says,
“BAFTA, not the Academy, led the way and, as a longtime Academy member, I am
very disappointed in our leadership’s lack of action here. Our industry is under
a microscope as a result of Weinstein’s unacceptable behavior.”







Justin Hurwitz, the Oscar-winning composer of La La Land, also supports a clear
reaction. “As a new member, I don’t know much about disciplinary precedents, but
I would personally like to see him removed,” he says. “I think anything we can
do to create a culture of accountability, and to show support for women who have
been victimized by this kind of behavior, is a good thing.”

Publicist Stephanie Kluft agrees. “Without question the board of governors must
kick Harvey Weinstein out of the Academy,” she says. “What reason could there be
not to? Who would argue that is someone we should be proud to have as a member?
He has never been held accountable for his brutish, savage behavior, which has
been witnessed and documented. The women who have come forward revealed his
criminal, repulsive actions, which had not been confirmed before. Now we know,
no one can turn a blind eye. It’s enough.”

Others, though, urge caution. “For the Academy to treat Harvey as if he is the
only creep in the business is wrong,” comments Mitchell Block, a member of the
short films and feature animation branch. “The problem is far larger than just
Mr. Weinstein. The silence about the other sociopaths is deafening. I think the
Academy should not move hastily and take action until it fully understands the
scope of the problem and formulates a clear policy.”

Another member of that branch, who declined to be named given the passions
surrounding the subject, admits to being “deeply conflicted,” but says, “I feel
that I’m being forced by proxy to be part of a lynch mob. In no way do I condone
immoral conduct; but this is a matter for the courts and public opinion to
decide, not the responsibility of a board of governors of an honorary society
comprised of artists casting stones who are not without sin.”

A public relations branch member, who also declined to be named, comments: “As
horrible and disgusting as Harvey’s actions are, the Academy would be insane if
they terminated his membership. There have been many, many Hollywood scandals
over the past 90 years of AMPAS’ existence and no word or deed emanated from the
house of Oscar. To start now would be foolhardy. What the governors can and
should do is make a strong statement of condemnation and leave it at that.”







Still others, just as concerned about setting a precedent, argue there may be a
way for the Academy to make Weinstein’s expulsion a singular case, given the
gravity of the charges. And then, it could follow up by creating a new code of
conduct that would govern how any future cases are treated.

“Harvey has clearly turned out to be as evil and base a criminal as they
come. The question for the Academy is how to square booting him with past
transgressors who haven’t been booted,” says a member of the executive branch
who proposes, “Maybe the Academy just acts without regard for precedent because
this situation is so extreme and demanding of our collective outrage? But the
statement that goes with it is going to have to answer a lot of questions — not
simple, but still probably the way to go.”

Confessing, “I am torn,” another member of the executives branch says, “Part of
me strongly feels he should be removed for this appalling and illegal
behavior. Another part of me questions the authority and reach of the Academy to
adjudicate a criminal matter and the personal behavior of its membership. I lean
towards removing him citing the specifics of this case with a strong statement
of reproach — along with a new statement of purpose establishing new moral codes
of conduct (no hate speech, no criminal activity, no racist/sexist/prejudiced
behavior) for the members of an institution meant to recognize high artistic
achievement.”

Oct. 13, 11:52 a.m. Updated to include Academy bylaws concerning expulsion, as
well as additional comments by Academy members.


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   This means your location can be accurate to within several meters.

 * ACTIVELY SCAN DEVICE CHARACTERISTICS FOR IDENTIFICATION
   
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   Your device can be identified based on a scan of your device's unique
   combination of characteristics.

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PERSONALISED ADS AND CONTENT, AD AND CONTENT MEASUREMENT, AUDIENCE INSIGHTS AND
PRODUCT DEVELOPMENT

Personalised ads and content, ad and content measurement, audience insights and
product development

 * SELECT BASIC ADS
   
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   Ads can be shown to you based on the content you’re viewing, the app you’re
   using, your approximate location, or your device type.

 * CREATE A PERSONALISED ADS PROFILE
   
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   A profile can be built about you and your interests to show you personalised
   ads that are relevant to you.

 * SELECT PERSONALISED ADS
   
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   Personalised ads can be shown to you based on a profile about you.

 * CREATE A PERSONALISED CONTENT PROFILE
   
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   A profile can be built about you and your interests to show you personalised
   content that is relevant to you.

 * SELECT PERSONALISED CONTENT
   
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   Personalised content can be shown to you based on a profile about you.

 * MEASURE AD PERFORMANCE
   
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   The performance and effectiveness of ads that you see or interact with can be
   measured.

 * MEASURE CONTENT PERFORMANCE
   
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   The performance and effectiveness of content that you see or interact with
   can be measured.

 * APPLY MARKET RESEARCH TO GENERATE AUDIENCE INSIGHTS
   
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   Market research can be used to learn more about the audiences who visit
   sites/apps and view ads.

 * DEVELOP AND IMPROVE PRODUCTS
   
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   Your data can be used to improve existing systems and software, and to
   develop new products

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ENSURE SECURITY, PREVENT FRAUD, AND DEBUG

Always Active

Your data can be used to monitor for and prevent fraudulent activity, and ensure
systems and processes work properly and securely.

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TECHNICALLY DELIVER ADS OR CONTENT

Always Active

Your device can receive and send information that allows you to see and interact
with ads and content.

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MATCH AND COMBINE OFFLINE DATA SOURCES

Always Active

Data from offline data sources can be combined with your online activity in
support of one or more purposes

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LINK DIFFERENT DEVICES

Always Active

Different devices can be determined as belonging to you or your household in
support of one or more of purposes.

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RECEIVE AND USE AUTOMATICALLY-SENT DEVICE CHARACTERISTICS FOR IDENTIFICATION

Always Active

Your device might be distinguished from other devices based on information it
automatically sends, such as IP address or browser type.

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BACK BUTTON PERFORMANCE COOKIES

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GDPR

We and our partners store and/or access information on a device, such as unique
IDs in cookies to process personal data. You may accept or manage your choices
by clicking below or at any time in the privacy policy page. These choices will
be signaled to our partners and will not affect browsing data.


WE AND OUR PARTNERS PROCESS DATA TO PROVIDE:

Store and/or access information on a device. Precise geolocation data, and
identification through device scanning. Personalised ads and content, ad and
content measurement, audience insights and product development. List of Partners
(vendors)

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