Court Battle Resumes Over Law School Faculty Hiring

A student group suing Harvard Law School over its minority faculty hiring policies just won't take "no" for an answer.

A superior court dismissed the group's case last February on the basis of the students' standing--in other words, students may not litigate claims against Harvard over matters of university policy.

But representatives of the Coalition for Civil Rights (CCR), which is composed of six minority law student groups and the Women's Law Association, say they plan to pursue their case to the highest level possible in the state.

"This issue is critically important in civil rights law," says third-year law student John C. Bonifaz, a CCR member.

The path the case will take in the Massachusetts legal system is unclear right now, however. The suit was filed in the fall of 1990.

In early December, CCR filed a motion for direct appellate review, which would take the case directly to the Massachusetts Supreme Judicial Court.

Later in the month, though, CCR also filed for an appeal.

Various organizations from around Massachusetts and the nation have filed an amici curiae brief in support of the students' case.

Harvard's counsel, Allan Ryan, says he plans to continue the University's original arguments against the student group.

The Right to Sue?

The CCR case will be the first time the Massachusetts courts have ruled on whether students have a right to sue their schools, according to Bonifaz.

Ryan says the law is clear on this point. "Massachusetts law does not give students the right to litigate claims such as these," he says.

But in the interests of ending discrimination, argues third-year law and CCR member student Laura E. Hankins, the court must broaden its definition of who can bring suit. Hankins says she believes that students are the only group in the University community likely to go to court over issues of faculty hiring.

"The people being considered don't want to make waves because of jobs down the line and the people in jobs won't either," she says. So students are the only people who would file."

Hoping for a Victory

CCR members say they hope the higher court will not simply rule again that students have no right to sue a university over matters of university policy. They say their case deserves to be examined on its merits, and that the quibble over their standing only obscures the more important issue of discrimination.

Neither side in the case disputes the fact that the Harvard Law School has very few minority faculty members. Of 66 tenured or tenure-track professors, five are white women and six are Black men, according to Bonifaz. There are no physically disabled or openly gay faculty members.

But University officials say that the number of minority faculty members at the Law School remains low because of the small pool of qualified applicants.

CCR members, meanwhile, say they believe that Harvard has not been aggressive or committed enough to the goal of faculty diversity, pointing to other universities whose law faculties are more diverse.

Twenty percent of Stanford Law School's faculty members are minorities, including a number of Lations, Bonifaz says. And five of Georgetown Law School's professors are Back women, he says.

CCR members charge that the homogeneity of the Harvard faculty harms the community, partly because of the lack of role models for minority students. "Minorities and women get the message they can study law and be professional people but they are not good enough to stand up and teach," says Bonifaz.

Setting Precedents

Whichever way the case is decided, CCR members say they expect it to set an important legal precedent. One of the arguments it is based on is the Massachusetts Equal Rights Act of 1989, which has never been interpreted before in court.

It could also set a precedent that would affect the Faculty of Arts and Sciences, Bonifaz points out, nothing, "It's a clear opportunity for undergraduates to seek redress [for minority hiring complaints] if we prevail."

The case also has a great deal of symbolic value, according to Caroline C. Wittcoff, a third-year law student and CCR member.

"Massachusetts law has a tradition of protecting civil rights," Wittcoff says.

Wittcoff says she believes that the suit has made an important statement to the Law School. "It is important for Harvard to know that students are upset they aren't being taught by a more diverse faculty, that they are serious about enforcing the legal obligation not to discriminate," she says.

CCR members say the case is being watched closely by other law schools around the country. And Bonifaz suggests that its ramifications may extend even further.

"It's not just about law schools, but about elementary, high school and undergraduate education, especially at Harvard," he says.