Review: Actually at Davidson Community Players
By Perry Tannenbaum

Midway into its sixth decade, Title IX seems to be limping a little, not as top-of-mind as it once was. Among the half million emails still undeleted from my various accounts over the past decade, including those religiously saved from more than a dozen news sources, 145 mentioned the landmark legislation, and just six so far this year.
So when Anna Ziegler’s Actually was first staged in 2017, looking back on a sexual harassment complaint lodged by one Princeton freshman against another in 2015 or 2016, neither of her protagonists, Amber Cohen or Thomas Anthony, could have known much about Title IX that would apply to them. Nor would they have been schooled on implicit consent or what a preponderance of evidence might mean.
Both were born after the legislation went into effect in 1972, outlawing sexual discrimination at federally funded academic institutions, and even after playwright David Mamet probed the consequences and shortcomings of Title IX in his Oleanna twenty years later. That was a combustible two-hander pitting a male professor against his female student. Here, both students are niche admissions at the Ivy League school. We have a young Jewish woman, sufficiently adept at squash to make the University team, filing an action against a Black student who aced his SAT’s and shows considerable prowess at the piano.
This Metrolina premiere, directed by Amy Wada, opened at Armour Street Theatre this past Sunday evening – rather unusual scheduling – just a few hours after The Lifespan of a Fact, Davidson Community Players’ previous production, completed its run. So there was already a rule-breaking ambiance hovering onstage as the lights went up on the two drunken frosh.
Both are blending into Princeton life via alcohol. Pre-date, we later hear, Tom had already knocked down five drinks. By the time we hear this, we’ve learned that reveling at keggers with free beer has been a nightly ritual for Amber, who is also toting a flask of tequila on that fateful first date, both gifted to her by her glamorous mentor, Heather.

Since this is another two-hander, you can rightly presume that Ziegler doesn’t mess with the formality and architecture of Tom’s hearing, adjudicated by three faculty deciding in whose favor the preponderance of evidence – “50% plus a feather” – weighs. Nor do we meet Heather, the rich kid who, in Amber’s telling, comes off like a reprise of the toxic queens of Mean Girls. Or, obviously, Heathers.
Ziegler begins – and ends – with the key moment when Amber may or may not be issuing her implied consent. But she not only dissects the drunken date from first kiss to the condom hitting the floor in Tom’s dorm room (with his roommate in the upper bunk!), she also carefully traces, in confidential monologues, the sexual histories of both players in this disputed escapade.

On Amber’s side (Wada keeps her leads on opposite sides of the stage for most of the action), we learn of a sexual encounter, similarly fueled by drink, after a second Passover seder earlier in the year. We also hear about her insecurities about her body and her tendency to yield to others when she is ambivalent or seeking approval – most crucially when she adopts Heather’s view on whether she was raped.
We get to understand that the attentions of an already notorious campus playboy are more of what Amber truly needs while she’s still unsure, within a more sober self that’s AWOL on a beer-tequila binge, about what she truly wants. At the same time, even more endearing to us, Amber is instinctively aware that something is troubling Tom and wishes to cheer him up.

Tom has been in therapy during his high school days as a result of responding, naturally enough, to the come-ons of his piano teacher sitting beside him on the music room piano bench. Sounds a little trivial compared with Amber’s impulsiveness and insecurity, on view all evening. The guy reveres Mozart and Bartok, for heaven’s sake!
But then Ziegler abruptly swings the scales toward equilibrium. We learn what was troubling Tom before meeting Amber on their date – and his capacities for rage and violence.
Quite worthy of being labelled “foxy,” Luna Mackie isn’t exactly what Ziegler envisioned as Amber, whose self-image as “pretty enough” seems to have stuck since the moment her mom said it. Mackie compensates with her posturing, mostly slouched forward wallflower-style, but occasionally, she goes with oddly arching backwards, as if she’s forgotten to exhale after taking a deep breath.
With admirable ease, Mackie delivers blushing smile after blushing smile, often scrunching her shoulders. It’s only when she straightens up past vertical that we might see those shoulders as belonging to an athlete, one who wields a squash racquet – or if you saw her in She Kills Monsters, a sword. More challenging, Mackie conquers Amber’s neurotic motormouth trait.
But perhaps too decisively. Many are the times when, for me, intelligibility was sacrificed on the altar of speed. Yet living up to Ziegler’s capsule description of her as “charmingly neurotic” is never a prob.
Dionte Darko, on the other hand, tips the unbalanced gulf between Amber’s attractiveness and Tom’s toward equity. He’s also not the quintessence of slickness or arrogance in his demeanor. When he tells us how dearly he loves his mom or how he broke down and cried in the dean’s office, it’s easy to believe every word.
That subtle nonchalance seems to be Wada’s style. For the contrasts in her characters’ looks have been as smoothed out as the differences in their behavior when drunkenly dating or soberly addressing us, or the invisible faculty judging their actions and possible punishment.

Ultimately, this did not seem like laxity on Wada’s part or her actors’. We needed to exercise our imaginations a bit to see this young Don Juan and this charming weirdo in their drunken states as much as we strained to see any big difference in how attractive they were. Once we get past the misalignments of what we see and what we hear, we find ourselves listening more objectively to Tom and Amber’s confessional monologues as testimonies: as evidence we’re weighing and judging.
Yes, saying “actually…” is not the same as saying no. Nor is tacit consent given at 8 pm at a kegger party a contract that is still binding in real life in a dorm bedroom at midnight after a couple has made out all over the Princeton campus.
The more Ziegler piles on complexities, the more we realize that the 37 words that birthed Title IX are ill-equipped to deal with them. That appears more important to the playwright than officially arriving at a verdict up in a New Jersey faculty lounge or library.
Title IX is mostly famed for leveling the playing field in women’s collegiate sports with existing men’s programs, increasing women’s participation tenfold during its first 40 years. At the same time, it stratified procedures for dealing with nuanced interactions between faculty and students, and between male and female students, erecting quasi-judicial architectures and machinery from coast-to-coast, usually manned by people without a jot of legal training.
Guilt could be determined by a feather! As Ziegler points out, the “preponderance of evidence” standard held firm during the time period she addresses – and afterwards until the end of the Obama Administration. It was only in 2017 that the next administration allowed schools to alter their standards to align more closely with civil and criminal courts.
Permission to change, however, wasn’t a mandate.










































