PETITION TO DROP THE  HARVARD LAW SCHOOL ADMINISTRATIVE BOARD INVESTIGATION

To: The Harvard Law School Administrative Board, Professor Ruth Okediji (Acting Chair), Professor Richard Lazarus, Professor Andy Kaufman, Assistant Dean Lisa Burns, Associate Dean Catherine Claypoole, Dean John Manning, Dean Marcia Sells, and President Lawrence Bacow, Associate Dean and Dean for Development and Alumni Relations Steven Oliveira

We, the undersigned students, faculty, workers, alumni, student organizations, and community members, submit this petition asking that you drop the investigation and implicit threat of punishment and expulsion against Amanda Chan (JD ‘20), Anna Nathanson (JD ‘20), and Felipe Hernández (JD ‘20) (“Student Dissenters”) regarding the allegations that they violated the Law School’s Protest and Dissent Guidelines and Community Principles for their 10-minute silent protest over Harvard’s investments in prisons at the Fall Reunion (2019) “A Conversation with Dean John F. Manning ’85” on October 26, 2019. During that event, the Student Dissenters followed the Protest Guidelines by displaying signs peacefully, silently, expressing their free speech, and not interrupting the speaker in an open event. We are gravely concerned by the Board’s opaque and unfair process as well as the threat of severe punitive consequences, including delayed graduation, suspension, and expulsion.

First, the student protestors did not violate the Protest Guidelines. The Board has never specified how the Student Dissenters violated the Protest Guidelines or Community Principles, or why the Board has chosen to pursue an investigation against only some of the students who participated in the demonstration. Notably, while the Ad Board has investigated all of the students of color involved in the protest, all of the students who have not been investigated are white. Since the beginning, the Board shifted the burden on the Student Dissenters to affirmatively explain how they are not guilty to non-specified allegations and offer exculpatory evidence. In all, the Board’s process lacks transparency, fairness, clarity, and appears to be an ad hoc secret hearing meant to pressure the Dissenters to accept culpability.

Second, it has been 182 days since the protest. The Ad Board’s unreasonable delays have added tremendous uncertainty to the lives, graduation, bar passage, and career prospects of the student protestors. Six months after the alleged incident, the Board has yet to provide  the Student Dissenters with the opportunity to examine any evidence that it alleges shows they violated the Guidelines—including the investigation report by the law firm HLS hired (Hogan Lovells), video tapes, or witness statements. While the Student Dissenters have accommodated the Board’s process, promptly responding to all their questions and inquiries, the Board has refused to shift from its position that the Students violated the Protest Guidelines and continues to ask the Student Dissenters to respond to the same questions repeatedly––week after week, month after month––seemingly to pressure the Students to admit culpability. This calls into question the impartiality and fairness of the Board’s process–– which itself has been a form of punishment.

Third, we are disappointed, alarmed, and upset that these proceedings are continuing during the COVID-19 pandemic. Harvard has ceased all on-campus activities due to the COVID-19 crisis and has made the unprecedented move to a CR/F grading system to accomodate students. Despite being informed of the severe impact of COVID-19 on the wellbeing of the Student Dissenters’ family, friends, and community, the Board has continued its investigation and its barrage of questions and accusation that the students violated the Protest Guidelines. The Student Dissenters have family, friends, and community members who have become unemployed as well as housing and food insecure, who are facing deportations, and who have been hospitalized with COVID-19. Rather than drop the investigation in order to allow the Student Dissenters to spend more essential time supporting their families, studying for finals, and preparing for career and other life-changing events, the Board has compounded unnecessary emotional distress, anxiety, misery, and labor.

Fourth, the Student Dissenters are correct: Harvard must divest from Prisons. During the COVID-19 pandemic, states, counties, and cities have released people from prisons because of the acute public health risk posed by COVID-19, which is exacerbated by the dismal conditions in prisons and jails. To date there are about 10,000 cases of COVID-19 in prisons across the U.S. Such horrible data has vindicated Student Dissenters’ and HPDC’s protest against Harvard's investments in prisons, jails, and ICE detention centers, because its funds are contributing to the spread of COVID-19. Some in the legal community, elected officials, and scholars as well as the public are currently advocating for decarceration both because prisons have always been death traps and to reduce the risk of transmission, infection, and death under conditions of confinement. This was at the heart of the Student Dissenters' message  on October 26th: A reduction in the prison/jail population is critical to improving public health and other social outcomes. In this context, it is shocking and disappointing that the Board continues to investigate the Student Dissenters with the threat of disciplinary action for advocating a position being adopted by leading health, legal, policy experts, and the public. By doing so, the Board is acting contrary to the HLS mission of helping educate students to “...contribute to the advancement of justice and the well-being of society.” Rather than supporting its students, essential workers, and community during this time, Harvard is expending time and resources to punish the Student Dissenters for elevating the urgency of prison divestment at a time when the case for decarceration is stronger and more imperative than ever. The grave irony does not escape us.

The threat to racial justice and student free speech and activism is serious and we will not stay silent. We demand that you drop the investigation of the Student Dissenters.

Read the Petition with Links Here: https://bit.ly/PetitiontoHLSBoard

Please sign by April 28, 2020