Bell Will Appeal At Special Hearing

In an unprecedented move, University officials will allow former Weld Professor of Law Derrick A. Bell Jr. to appeal President Neil L. Rudenstine's refusal to extend Bell's leave of absence beyond the usual two-year limit.

Earlier this week, the university announced that Bell's refusal to return from his leave of absence was considered a resignation of his tenured post effective last Wednesday.

In an interview with the Crimson yesterday, Bell challenged the logic of the University's policy.

"It seems that the University's action is in contradiction to what I think is the essence of academic freedom, which is supposed to be protected by tenure," Bell said.

Bell took an unpaid leave of absence beginning in April 1990 to protest the lack of racial, ethnic and class diversity on the faculty of the Law School.

Bell will appear before a committee of the Corporation and both governing boards' Joint Committee on Appointments later this month to present this reasons for requesting a third year of leave, University Provost Jerry R. Green said yesterday.

"We just wanted to make sure that Professor Bell was satisfied that he had been heard at the highest levels of the University," Green said.

Bell said yesterday he believes that Rudenstine did not understand his reasons for not returning to his post.

"While the president indicated that herespected my position ... he didn't trulyunderstand why I'm doing what I'm doing," Bellsaid.

"I think that as the first Black faculty member[at Harvard Law School] that I am entitled to givematters of racial diversity high priority in mylife," Bell continued. "My protest is my way ofcommunicating my disappointment and disagreementwith the progress they have made."

In a statement released Wednesday, Rudenstinereinforced his commitment to increasing facultydiversity. "I and others share [Bell's] commitmentto enhancing the diversity of our faculty ranks.... I believe it would have been productive forProfessor Bell to rejoin us in those efforts as hewas encouraged to do. I regret that he has chosento do otherwise ..." Rudenstine said.

Rudenstine, who had said in March that he wouldnot grant Bell's request for a third year onleave, informed the 61 year-old professor in aletter last month that if he did not return byJuly 1, the University would assume that he hadresigned his tenured post.

Although other professors, including Henry A.Kissinger '50, have been refused requests forextensions of leave in the past, only Bell hasappealed the decision.

"To my knowledge none of the other people haveappealed." Green said. "We just had to make the[appeals process] up for this case."

With or without a favorable decision fromHarvard, Bell said he will remain a visitingprofessor at the New York University Law Schooland continue to protest the University's lack offaculty diversity.

Last spring Bell requested that the Departmentof Education's Office of Civil Rights (OCR)investigate the law School's hiring processes.

Officials from the OCR said yesterday Bell'scomplaint is still "under review.

"While the president indicated that herespected my position ... he didn't trulyunderstand why I'm doing what I'm doing," Bellsaid.

"I think that as the first Black faculty member[at Harvard Law School] that I am entitled to givematters of racial diversity high priority in mylife," Bell continued. "My protest is my way ofcommunicating my disappointment and disagreementwith the progress they have made."

In a statement released Wednesday, Rudenstinereinforced his commitment to increasing facultydiversity. "I and others share [Bell's] commitmentto enhancing the diversity of our faculty ranks.... I believe it would have been productive forProfessor Bell to rejoin us in those efforts as hewas encouraged to do. I regret that he has chosento do otherwise ..." Rudenstine said.

Rudenstine, who had said in March that he wouldnot grant Bell's request for a third year onleave, informed the 61 year-old professor in aletter last month that if he did not return byJuly 1, the University would assume that he hadresigned his tenured post.

Although other professors, including Henry A.Kissinger '50, have been refused requests forextensions of leave in the past, only Bell hasappealed the decision.

"To my knowledge none of the other people haveappealed." Green said. "We just had to make the[appeals process] up for this case."

With or without a favorable decision fromHarvard, Bell said he will remain a visitingprofessor at the New York University Law Schooland continue to protest the University's lack offaculty diversity.

Last spring Bell requested that the Departmentof Education's Office of Civil Rights (OCR)investigate the law School's hiring processes.

Officials from the OCR said yesterday Bell'scomplaint is still "under review.