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Harvard in Suit Against Penn Scholarship Control

By Michael E. Kinsley

Harvard has joined 27 other colleges and universities in filing a "friend of the court" brief in a suit to void a Pennsylvania law requiring colleges and universities to report the names of State of Pennsylvania Scholarship students involved in campus disturbances.

The suit was filed in U.S. District Court for eastern Pennsylvania by Haverford College in Pennsylvania. Harvard University General Counsel Daniel Steiner '54 said President Pusey decided two weeks ago, on his recommendation, to join the suit. "We've just lent our name," Steiner said, "we're not actively participating." The brief was filed on behalf of the 27 colleges by Bryn Mawr College, Haverford's sister school.

Case Heard

The case was heard two weeks ago by a three-judge court; a decision can come anytime in the next few months.

A Bryn Mawr lawyer, a Havenford lawyer, and a lawyer for the American Civil Liberties Union, which supports the suit, argued for the defense. The National Student Association and the American Association of University Professors also filed amicus briefs.

Meanwhile Harvard has decided to supply Pennsylvania only with the names of scholarship students actual-ly dismissed from the College, as they would inform any scholarship agency to discontinue sending money for students no longer enrolled. While this does not comply with the interpretation of the law issued by the Pennsylvania State Board of Higher Education, Steiner said Harvard has not received any notice that its "approved" status is in jeopardy.

Radcliffe has refused to have anything to do with the new regulation, Financial Aid Director Sylvia Simmons said yesterday. Radcliffe has replaced all Pennsylvania scholarships with money of its own.

The Pennsylvania regulation first issued last Spring demanded that all institutions of higher learning-on threat of being disqualified as "approved" institutions for State of Pennsylvania Scholarships-supply the state with the names of all Pennsylvania students involved in campus disorders, whether or not they received scholarships. The regulation was later revised to apply only to scholarship students.

The 27 colleges' "friend of the court" brief says in part:

"Under this law a student must always be on guard. For nothing he says to his professor or academic advisor or other agent of his college or university that comes within the broad sweep of categories covered can be considered confidential. This will cast a shadow of suspicion and fear over...the student-teacher relationship itself."

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