The Harvard Crimson - Volume CXLVI, No. 37

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The Harvard Crimson THE UNIVERSITY DAILY, EST. 1873  |  VOLUME CXLV, NO. 37  |  CAMBRIDGE, MASSACHUSETTS  |  MONDAY, MARCH 25, 2019

EDITORIAL PAGE 6

NEWS PAGE 4

SPORTS PAGE 7

Harvard and HGSU-UAW should pursue good-faith negotiations

The mother of a former undergradute alleged Harvard violated the ADA

Women’s Basketballs falls to Penn, ending Ivy League season

Harvard Sued For Images of Slaves Plaintiffs Ask Court to Hear Suit By CHE R. APPLEWHAITE and MOLLY C. MCCAFFERTY CRIMSON STAFF WRITERS

­ EW YORK — Standing oppoN site the Harvard Club of New York and surrounded by cameras, microphones, and lawyers, a Connecticut woman announced Wednesday that she has sued Harvard to gain the rights to historic photos of enslaved people she says are her ancestors — and to challenge the University’s continued ties to slavery. The plaintiff, Tamara K. Lanier, filed suit against Harvard in Middlesex Superior Court Wednesday, alleging that the University unlawfully possesses and profits from the photos, which are believed to be some of the oldest photos of American slaves in existence. The photos — commissioned by Harvard biologist Louis Agassiz in the 19th century in an attempt to prove a scientific theory of white superiority — depict Lanier’s greatgreat-great grandfather, Renty, and his daughter, Delia, according to the complaint. Lanier argues that Renty and Delia could not have consented to being photographed at the time and could not own the photographs Agassiz made. She also alleges that the University has refused to acknowledge her relation to Renty and Delia and has refused to return the photos to her. The images are currently housed in the Harvard Peabody Museum of Archaeology and Ethnology, which Lanier

By SANJANA L. NARAYANAN and SAMUEL W. ZWICKEL CRIMSON STAFF WRITERS

As part of a display titled “Slavery in the Hands of Harvard,” artist Noel W. Anderson’s diptych “Renty Henry” is on display in the lobby of CGIS Knafel. KATHRYN S. KUHAR—CRIMSON PHOTOGRAPHER

also names as a defendant in the lawsuit. In the suit, Lanier request that the University turn the daguerreotypes over to her, give up all profits it has made off the photos, and pay punitive damages to her. She is also asking Harvard to acknowledge “that it was complicit in perpetuating and justifying the institution of slavery.” University spokesperson Jonathan L. Swain declined to

comment on the suit on behalf of the University, writing in an email that Harvard had not yet been served Lanier’s complaint. Civil rights attorney Benjamin L. Crump — who has represented the families of victims of police violence such as Trayvon Martin, Michael Brown, and Tamir Rice — is serving as counsel for Lanier. Crump wrote on Twitter that Lanier’s case may turn out to be one of the most important lawsuits since Brown

v. Board of Education. “When Abraham Lincoln freed the slaves, we at least were under the impression, under the belief, that finally black people owned their person, and incumbent in that was ownership of our image,” Crump said at a press conference Wednesday. “But Harvard is saying to Tammy Lanier and her family that Renty still is a slave, he still does

SEE PHOTOS PAGE 5

­ laintiffs in the social group P lawsuits rejected Harvard’s Feb. 8 motions to dismiss their state and federal complaints and asserted the legal merits of their arguments in Friday court filings. The plaintiffs argued in the federal filing that the University’s sanctions against members of certain single-gender social organizations is illegal under Title IX, a federal law prohibiting discrimination on the basis of sex, because it discriminates against both men and women. The University has previously contended that the penalties against single-gender social organizations affect men and women equally. “The policy punishes a male student in a men’s club based solely on his sex and the sex of the members of his club. It also punishes a female student in a women’s club based solely on her sex and the sex of the members of her club,” the federal filing reads. “That is sex discrimination against both students, not neither of them.” Harvard spokesperson Rachael Dane rebuffed the discrimination allegations in an emailed statement that referenced the University’s motions to dismiss the lawsuits.

“Harvard College’s policy on unrecognized single-gender social organizations does not discriminate against any undergraduate student and is a measured and lawful policy that treats all students equally,” she wrote. The filings are the most recent developments in a pair of parallel lawsuits — filed in December 2018 — that accuse Harvard of infringing upon students’ freedom of association and unconstitutionally discriminating on the basis of sex. The College’s controversial social group sanctions, which debuted in May 2016 and took effect beginning with the Class of 2021, prohibit members of single-gender social clubs from receiving Harvard endorsement for prestigious fellowships like the Rhodes, and from holding sports captaincies and leadership positions in extracurricular campus organizations. Plaintiffs in the federal suit include parent groups for fraternities Sigma Chi and Sigma Alpha Epsilon, international organizations for sororities Kappa Kappa Gamma and Kappa Alpha Theta, Harvard’s chapter of Sigma Alpha Epsilon, and three current Harvard students who belong to all-male social groups and have chosen to remain anonymous.

SEE SANCTIONS PAGE 3

Experts Harvard Moves to Say Exec. Dismiss Lawsuit Order is Unclear By SHERA S. AVI-YONAH and DELANO R. FRANKLIN CRIMSON STAFF WRITERS

By JONAH S. BERGER and MOLLY M. MCCAFFERTY CRIMSON STAFF WRITERS

Experts say it is unclear how President Donald Trump’s recent executive order conditioning certain federal funds to universities based on their free speech policies will affect Harvard given the order’s vague nature and unclear enforcement mechanisms. Trump — who promised in a speech in early March to sign such an order — was surrounded by conservative student activists and cabinet members at a White House ceremony Thursday, as he declared the federal government will not give money to universities that “do not allow you to speak.” The order aims to promote “free and open debate” on college campuses across the country. “The heads of covered agencies shall… take appropriate steps, in a manner consistent with applicable law, including the First Amendment, to ensure institutions that receive Federal research or education grants promote free inquiry, including through compliance with all applicable Federal laws, regulations, and policies,” the order reads. Legal experts have criticized the order’s ambiguity, noting that it is unclear how it will be enforced in practice. In fact, its ambiguity may even threaten its constitutionality, according to University of California, Berkeley Law School Dean Erwin Chemerinsky. “It’s unconstitutional because the law is clear that any conditions on federal funds have to be explicitly stated, and this is so ambiguous that no college administrator can know what he or she can and can’t do

SEE ORDER PAGE 3 INSIDE THIS ISSUE

Harvard Today 2

­ arvard filed a motion on H March 8 to dismiss a lawsuit it currently faces alleging it was negligent in the care of Luke Z. Tang ’18, an undergraduate who died by suicide in 2015. In the motion, the University argued that it and its employees did not fail to meet any “duty of reasonable care” and that the plaintiff’s allegations do not prove Harvard caused Tang’s death. They argue that Harvard employees did not have reason to believe Tang was at increased risk of suicide in the months before he died. Luke Tang’s father, Wendell W. Tang, filed the wrongful death lawsuit against the University and several of its employees in the Middlesex County Superior Court in November

2018, roughly three years after his son’s death. The lawsuit names the Harvard Corporation — the University’s highest governing body — as well as residential dean Catherine R. Shapiro, Lowell House Resident Dean Caitlin Casey, Harvard University Health Services mental health counselor Melanie G. Northrop, and HUHS psychiatrist David W. Abramson and accuses each of them of “negligence and carelessness.” The suit argues their actions directly resulted in Luke Tang’s death and calls for monetary damages of at least $20 million. Harvard’s motion references the 2018 Massachusetts Supreme Judicial Court decision in Nguyen v. Massachusetts Institute of Technology, in which the plaintiff accused MIT of negligence in his son’s suicide.

SEE DISMISS PAGE 3

DESIGN SCHOOL

The main building of the Graduate School of Design, located on Quincy Street, includes a central workplace for students. KAI R. MCNAMEE—CRIMSON PHOTOGRAPHER

Bacow Voices Support for Winthrop Review

SEE PAGE 4

By AIDAN F. RYAN CRIMSON STAFF WRITER

Alicia Pelton alleged that Harvard College discriminated against her son, former undergraduate Ty Pelton-Byce. During his time at Harvard, Pelton-Byce lived in Mather House. SHERA S. AVI-YONAH—CRIMSON PHOTOGRAPHER

News 3

Editorial 6

Sports 7

TODAY’S FORECAST

­niversity President LawU rence S. Bacow said in an interview last week that he supports the College’s efforts to “get a sense of what’s really going on” through its review of Winthrop House climate amid outcry over Faculty Dean Ronald S. Sullivan, Jr.’s decision to represent Harvey Weinstein. The College launched the review Feb. 26 after students and faculty criticized Sullivan’s decision, arguing that Sullivan’s representation of Weinstein — who currently faces multiple allegations of sexual assault — is incompatible with his role as a faculty dean. Bacow said Friday that he is in favor of the College’s efforts to gather more information.

PARTLY CLOUDY High: 48 Low: 25

“It’s important during times like this to listen to our students and I think that’s what they’re trying to do,” Bacow said. “I think they’re trying to get a sense of what’s really going on.” Bacow’s statements Friday marked the first time the University president has commented publicly on Sullivan since his decision to represent Weinstein first sparked criticism from students on campus. Asked if he had spoken with Sullivan, Bacow said he has “not been involved in this issue at all — in any way, shape, or form.” “This is an issue for the College,” Bacow said. “And it’s being dealt with at the level of the College.” The New York Post first reported Sullivan would join

SEE BACOW PAGE 4

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