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The University may be forced to eliminate its traditional request for photographs with applications if the Massachusetts Attorney General decides next week that the pictures could be used for discriminatory purposes.
The Executive Secretary of the Massachusetts Commission against Discrimination, Walter H. Nolan, reported that the Attoney General is expected to rule that schools must stop requesting photographs from applicants under the Fair Educational Practices Act.
"An Unfair Practice"
The Act, which was created in 1949, states that "It shall be an unfair educational practice for an educational institution... to cause to be made any written or oral inquiry concerning the race, religion, color, or national origin of a person seeking admission."
At present, the Commission is negotiating with Dean Bender. Bender has refused to comment on the situation while negotiations are in progress.
Because photographs provide a clear indication of race and color, the Massachusetts Education Commission has attempted to persuade all schools to stop using pictures.
In early 1957, when only eight schools still required photographs with entrance applications, the Commission was given power to enforce the law. The group then conducted a hearing at which all institutions requiring pictures were asked to submit their reasons for this practice. The College was not represented at the meeting.
No Schools Prosecuted Yet
At the hearing, the Discrimination Commission issued a directive against all photograph requirements. Nolan reported that since then every institution except Harvard has complied with the directive.
At present, no school has been prosecuted under the act; the ruling by the Attorney General will be the first authoritative statement on the requirement where it pertains to education.
Nolan pointed out that if the decision of the Attorney General is against using the photographs, he expected Harvard to abide by the decision.
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