THE HARVARD CRIMSON THE UNIVERSITY DAILY, EST. 1873
| VOLUME CXLIX, NO. 81 |
SPORTS
OPINION
Women’s Cross Country Wins Ivy League Title
On Affirmative Action: An Editorial Photo Essay
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CAMBRIDGE, MASSACHUSETTS
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FRIDAY, NOVEMBER 4, 2022
SUPREME COURT
Harvard’s Lawyer in Washington WAXMAN’S WORLD. How Seth P. Waxman ’73 defended Harvard at the Supreme Court. SEE PAGE 15
IOP
Election 2022 MIDTERMS PREVIEW Massachusetts voters are set to head to the polls in Tuesday’s midterm elections. Most statewide races remain largely uncompetitive, but residents will weigh in on a set of high-stakes ballot questions. Read our election preview. SEE PAGE 4
Baker Talks Social Media at IOP Forum HARVARD’S GOVERNOR. Gov. Charlie D. Baker ’79 called for a social media “timeout” at the IOP Forum on Thursday.
BACOW
Bacow Talks Presidential Search, Future Plans
SEE PAGE 5 BY CARA J. CHANG AND ISABELLA B. CHO CRIMSON STAFF WRITERS
ADMISSIONS
Harvard Lawsuit Rejected by Judge BY RAHEM D. HAMID AND NIA L. ORAKWUE CRIMSON STAFF WRITERS
Harvard, on the apparent edge of Supreme Court defeat, won’t be getting any help on its legal fees. A federal judge ruled on Wednesday that Harvard’s insurer should not be responsible for paying the University’s legal fees in the high-profile anti-affirmative action lawsuit against the school heard by Supreme Court on Monday. Harvard sued its insurance firm, the Zurich American Insurance Company, in September 2021, arguing that the firm’s refusal to cover its legal fees violated a contract between the two sides. But on Wednesday, Judge Allison D. Burroughs sided with the insurance firm, rejecting Harvard’s argument that it did not have to notify the company of its widely-covered Students For Fair Admissions lawsuit. The ruling will force the school to pay the fees it incurred over eight years of litigation in the case. In 2014, Harvard bought a pair of insurance policies: one with the American International Group which covered its first $25 million in legal fees and a second excess policy with Zurich to cover additional costs of up to $15 million. Zurich argued in legal filings that its policy would only kick in if Harvard notified the firm within 90 days of the first policy reaching its cap. But the University failed to provide notice until
SEE ‘RULING’ PAGE 6
U
niversity President Lawrence S. Bacow sits at the head of Harvard’s sprawling administration, but he has stepped back from one key initiative: the search for his successor. In an interview Wednesday, Bacow — who is not part of the 15-member presidential search committee — said he doesn’t know where the team is in its process. “It’s traditional when universities search for new presidents that the incumbent president is involved only peripherally,” he said. Bacow said he has only met with the
presidential search committee and the faculty group that advises it to discuss his perspective on the job. “I have met with the search committee not to talk about candidates, but just to talk about what are the challenges that the next president is likely to face,” he said. Bacow added he is planning to meet with the student advisory committee in the coming days. In a 2017 interview with The Crimson, Bacow’s predecessor, Drew G. Faust, also said she would largely stay out of the search process besides answering questions about the Harvard presidency. The 29th president said one of the key challenges facing his successor will be handling the Supreme Court’s forthcoming ruling on affirmative action. Bacow declined to speculate about how justices
will rule in the case, but during oral arguments on Monday, the court’s conservative majority appeared ready to strike down race-conscious college admissions, a move that would overturn decades of precedent and reshape admissions processes across the nation. Bacow added that he hopes the next president continues to drive forward the Salata Institute for Climate and Sustainability, the Harvard Quantum Initiative, and the Kemper Institute for the Study of Natural and Artificial Intelligence. But he said his advice to incoming presidents is to anticipate unforeseen challenges. “Look what happened to me,” Bacow said, citing his navigation of the Covid-19 pandemic and his ascent to the Tufts presidency 10 days before the Sept. 11 attacks.
Some prominent Harvard donors also say the University’s next president will be responsible for launching a new University-wide Capital Campaign — likely a multibillion-dollar ordeal. While Bacow said there will be a campaign in the future, he did not specify the timeline. “There’ll be one,” Bacow said. “I doubt that it’s going to be in year one or two — but I don’t know if that means it’s going to be three, four, or five.” With his remaining year, Bacow said he has been speaking with faculty and donors “about how this University can contribute to the future of democracy.” “My own view of this — and my successor will have to make their own decisions — is that Harvard should be tackling all
SEE PAGE 6
SEAS
SEAS Survey Reveals Racial, Gender Disparities BY FELICIA HE AND JAMES R. JOLIN CRIMSON STAFF WRITERS
About 21 percent of respondents to a survey of Harvard’s School of Engineering and Applied Sciences said they have personally experienced harassment or discrimination at the school, according to data released last month. The figure, which marks a 6 percentage-point drop from 2018, is highest among non-ladder faculty and respondents from historically marginalized racial and gender identities. About 43 percent of non-ladder faculty respondents reported that they have experienced discrimination. Thirty-four percent of Black or African American respondents and 34 percent of transgender and nonbinary respondents reported having experienced discrimination. The survey also found disparities based on racial and gender identity, disability status, and role at SEAS across a range of issues, including implicit bias, inclusion and belonging, and stress. The data was released as part of SEAS’ 2022 campus climate survey. The survey — distributed to all 2,471 SEAS faculty, students, staff, postdoctoral fellows, and researchers — garnered 604 complete responses. It is the second climate survey
SEAS has conducted and the first since sion, and belonging. “We are definitely interested in sub2018. The survey, which measured eight stantial improvement,” Brooke said. “We “themes” by grouping survey questions are not going to be happy with our results. We’re always going to work to move together, saw at least some improveforward and to create more ment from 2018 levels across consistent experiences six categories: experifor all members of encing harassment, the SEAS commuwitnessing hanity.” rassment, acThe most c e s s i b i l i t y, Strongly Negative c ommon exp erience 20% Strongly Positive forms of with bias, 30% harassengagement and ment with discrimDIB expeination riences, included and conderogafidence to tory, emuse diverbarassing, sity, incluor humiliatsion, and ing gestures belonging Neutral and remarks; tools. 50% unfair comTwo themes ments in a SEAS — feelings of incluwork environment; sion and belonging and bullying by another and work and family balSEAS affiliate, according to the ance — stayed flat, on average, report. Nearly 63 percent of respondents from 2018. The survey results tell a “complicated who faced harassment indicated that it story” but show “clear signs of improve- predominantly came from faculty, staff or ment,” said Paula Nicole Booke, SEAS’s administrators. Among respondents who experienced new assistant dean for diversity, inclu-
SEAS Work-Life Experience
harassment and discrimination, 47 percent said they considered leaving SEAS, 58 percent considered leaving Harvard altogether, and 56 percent considered discouraging others from joining SEAS. The vast majority of respondents who experienced harassment or discrimination did not report their experiences, according to the survey. Among those who did, 47 percent indicated they were “not satisfied” with the school’s response. Women, people who identify as an underrepresented minority, people with a disability, and LGBTQ+ individuals reported “more experiences indicative of implicit bias,” according to a comparison of mean responses. Overall, only 25 percent of respondents reported that they “felt positively supported to encounter diverse people, ideas, and experiences through SEAS.” Only 36 percent reported that they felt “inclusion and belonging” at the school — consistent with 2018 levels. White, male, and heterosexual respondents indicated reporting the highest rates of belonging at the school. This report marks the first time SEAS has released inclusion and belonging data since its historic move to the new Science and Engineering Complex across the Charles River in Allston,
SEE ‘SEAS SRUVEY’ PAGE 6