The conditions applied to Columbia are likely to be applied to Harvard as well, notably:
1. Enforce existing disciplinary policies
2. Primacy of the president in disciplinary matters
3. Empower internal law enforcement
The Harvard administration’s assessment seems to be that it is constrained in its ability to carry out #1 and #2. The constraint is from faculty, and it may be necessary to get a change in Harvard's charter from the Commonwealth of Massachusetts to change that.
We saw this constraint in action in June, when faculty opposition forced the Administrative Board to reverse its sanctions on students, even though the Corporation has initially backed the Ad Board:
"The Harvard College Administrative Board reversed its decision to suspend five students for participating in the pro-Palestine encampment earlier this year after the Faculty Council criticized its handling of the cases... But after the Faculty Council urged the body to revisit similar cases for students who had submitted appeals, the Ad Board granted the student’s reconsideration request and reduced the original penalty. “The Faculty Council provided additional guidance to the Administrative Board to consider regarding the imposition of sanctions in cases involving violations similar to yours,” the letter [from the Administrative Board] reads."
It may be necessary to give full authority to the Ad Board to discipline students who broke certain of Harvard's rules. One possible solution would be for the faculty to retain the power to discipline for academic infractions such as plagiarism, while the Ad Board would get the sole power to discipline for violation of rules of behavior such as improperly occupying university premises. These behavior rules would need to be centralized at the university level to deal with issues such as one professional school allowing its students to occupy a Harvard College building.
Changes may also still be needed on point #3, having the Harvard police exercise "full law enforcement authority, including arrest and removal of agitators who foster an unsafe or hostile work or study environment". In April 2024, Harvard's police chief expressed opposition to doing so:
"During the interview — his first of the semester — Clay said he would only arrest protesters in the case of “significant property damage or physical violence at any level,” not simply at the request of senior University administrators like Garber. “You can’t ask me to arrest somebody unless they commit a misdemeanor in your presence or in my presence,” he said in an interview with The Crimson on Friday. “Whatever the guidelines of the Mass. General Law states, that gives me the authority to arrest.” Though Dean of Students Thomas Dunne sent an email to undergraduates threatening disciplinary action against the protesters on Thursday afternoon, Clay said HUPD would not have a role in enforcing administrative sanctions. “It would have to be a violation of the law,” he said. “Not an administrative policy, but the law.”"
Harvard needs to get moving on these issues if it wants to avoid the fate looming over Columbia. For Harvard, this may require not only internal changes but also an act of the Massachusetts legislature.
The conditions applied to Columbia are likely to be applied to Harvard as well, notably:
1. Enforce existing disciplinary policies
2. Primacy of the president in disciplinary matters
3. Empower internal law enforcement
The Harvard administration’s assessment seems to be that it is constrained in its ability to carry out #1 and #2. The constraint is from faculty, and it may be necessary to get a change in Harvard's charter from the Commonwealth of Massachusetts to change that.
We saw this constraint in action in June, when faculty opposition forced the Administrative Board to reverse its sanctions on students, even though the Corporation has initially backed the Ad Board:
https://www.thecrimson.com/article/2024/7/10/harvard-reverses-encampment-suspensions/
"The Harvard College Administrative Board reversed its decision to suspend five students for participating in the pro-Palestine encampment earlier this year after the Faculty Council criticized its handling of the cases... But after the Faculty Council urged the body to revisit similar cases for students who had submitted appeals, the Ad Board granted the student’s reconsideration request and reduced the original penalty. “The Faculty Council provided additional guidance to the Administrative Board to consider regarding the imposition of sanctions in cases involving violations similar to yours,” the letter [from the Administrative Board] reads."
It may be necessary to give full authority to the Ad Board to discipline students who broke certain of Harvard's rules. One possible solution would be for the faculty to retain the power to discipline for academic infractions such as plagiarism, while the Ad Board would get the sole power to discipline for violation of rules of behavior such as improperly occupying university premises. These behavior rules would need to be centralized at the university level to deal with issues such as one professional school allowing its students to occupy a Harvard College building.
Changes may also still be needed on point #3, having the Harvard police exercise "full law enforcement authority, including arrest and removal of agitators who foster an unsafe or hostile work or study environment". In April 2024, Harvard's police chief expressed opposition to doing so:
https://www.thecrimson.com/article/2024/4/27/harvard-police-chief-encampment-peaceful/
"During the interview — his first of the semester — Clay said he would only arrest protesters in the case of “significant property damage or physical violence at any level,” not simply at the request of senior University administrators like Garber. “You can’t ask me to arrest somebody unless they commit a misdemeanor in your presence or in my presence,” he said in an interview with The Crimson on Friday. “Whatever the guidelines of the Mass. General Law states, that gives me the authority to arrest.” Though Dean of Students Thomas Dunne sent an email to undergraduates threatening disciplinary action against the protesters on Thursday afternoon, Clay said HUPD would not have a role in enforcing administrative sanctions. “It would have to be a violation of the law,” he said. “Not an administrative policy, but the law.”"
Harvard needs to get moving on these issues if it wants to avoid the fate looming over Columbia. For Harvard, this may require not only internal changes but also an act of the Massachusetts legislature.