Judge Grants Delay in Bok's Testimony

A Middlesex Superior Court judge ruled this week that President Derek C. Bok does not have to testify in a landmark lawsuit against the Law School until it is determined whether or not the case will be dismissed.

Members of the Law School's student Coalition for Civil Rights (CCR), who are charging that the school uses hiring practices that discriminate against women and minorities, had subpoenaed Bok and four law professors on December 21, one month after they filed suit. But Thomas Connolly, the judge hearing the case Wednesday, decided that all depositions will be on hold until February 15, when Harvard attorneys will present a motion to dismiss the case.

The judge also ordered the University to deliver its motion to dismiss the lawsuit to the students by January 10. The students will have until February 11 to respond to that motion, and a judge will hear arguments on February 15.

"We got everything we asked for today," said Harvard attorney Allan A. Ryan, who is coordinating the University's defense in the suit.

At Wednesday's hearing, Ryan argued that even if the University had used discriminatory hiring practices, the students could not legally bring suit against Harvard because they would not be directly harmed. For that reason, Ryan maintained that Bok and the law professors--Associate Dean Louis Kaplow, Professor of Law Gerald E. Frug, Professor of Law Martha L. Minow and Professor of Law Frank I. Michelman--should not be compelled to testify in the case.

In the lawsuit, which was signed by 11 members of the CCR, the students claim that they do in fact have the proper legal standing to file suit because they have been injured by being denied many aspects and perspectives of law they say a more diverse faculty would provide.

But Ryan also told the judge that even if the students have proper standing to bring the suit, they cannot prove violation of the law.

The students' main contention in the suit is that the Law School's failure to use a set of objective criteria in evaluating prospective faculty members biases the process against women and minorities.

Pat Gulbis, one of the signees of the lawsuit, said she thought the judge's recent decision to deny the subpoenas was unprecedented, but added that sheis confident that depositions will eventually takeplace.

"Harvard, because it is Harvard, is asking forspecial leniency in this case," said Gulbis. "ButHarvard is not above anti-discrimination laws."

"Bok and the four professors are going to haveto eventually answer our questions about theirrole in discriminatory hiring," Gulbis added. "Wewant to know what they are trying to hide."

But Ryan in an interview disputed thecontention that the judge's decision wasunprecedented. "The judge just said we'll crossthat bridge, of deposition, when we come to it,"he said.

First Confrontation

Wednesday marked the first head to headconfrontation between Harvard and the studentplaintiffs.

The students contend that the suit is aculmination of activity designed to pressure theschool into hiring more women and minority facultymembers.

The CCR has sponsored several rallies in thepast year, including two sit-ins outside theoffice of Dean Robert C. Clark. In addition, WeldProfessor of Law Derrick A. Bell, the first Blackto receive tenure at the Law School, is currentlytaking an unpaid leave of absence from the school,avowedly until it tenures a Black woman.

Although the school currently has only fiveBlacks and five women among its 66-person tenuredor tenure-track faculty, women and minorities havereceived approximately 45 per cent of suchappointments in the past decade