Harvard Says It Will Not Comply With Trump Administration's Demands

[RockCreek]

6. Copy of legal letter sent by Harvard's lawyers to admin (link to this letter was in an email sent to me as an alum)

April 14, 2025 VIA ELECTRONIC MAIL Josh Gruenbaum Commissioner of the Federal Acquisition Service General Services Administration
Sean R. Keveney Acting General Counsel U.S. Department of Health & Human Services
Thomas E. Wheeler Acting General Counsel U.S. Department of Education

Dear Messrs. Gruenbaum, Keveney, and Wheeler: We represent Harvard University. We are writing in response to your letter dated April 11, 2025, addressed to Dr. Alan Garber, Harvard’s President, and Penny Pritzker, Senior Fellow of the Harvard Corporation. Harvard is committed to fighting antisemitism and other forms of bigotry in its community. Antisemitism and discrimination of any kind not only are abhorrent and antithetical to Harvard’s values but also threaten its academic mission. To that end, Harvard has made, and will continue to make, lasting and robust structural, policy, and programmatic changes to ensure that the university is a welcoming and supportive learning environment for all students and continues to abide in all respects with federal law across its academic programs and operations, while fostering open inquiry in a pluralistic community free from intimidation and open to challenging orthodoxies, whatever their source. Over the past 15 months, Harvard has undertaken substantial policy and programmatic measures. It has made changes to its campus use policies; adopted new accountability procedures; imposed meaningful discipline for those who violate university policies; enhanced programs designed to address bias and promote ideological diversity and civil discourse; hired staff to support these programs and support students; changed partnerships; dedicated resources to combat hate and bias; and enhanced safety and security measures. As a result, Harvard is in a very different place today from where it was a year ago. These efforts, and additional measures the university will be taking against antisemitism, not only are the right thing to do but also are critical to strengthening Harvard’s community as a place in which everyone can thrive. It is unfortunate, then, that your letter disregards Harvard’s efforts and instead presents demands that, in contravention of the First Amendment, invade university freedoms long recognized by the Supreme Court. The government’s terms also circumvent Harvard’s statutory rights by requiring unsupported and disruptive remedies for alleged harms that the government has not proven through mandatory processes established by Congress and required by law. No less objectionable is the condition, first made explicit in the letter of March 31, 2025, that Harvard accede to these terms or risk the loss of billions of dollars in federal funding critical to vital research and innovation that has saved and improved lives and allowed Harvard to play a central role in making our country’s scientific, medical, and other research communities the standard-bearers for the world. These demands extend not only to Harvard but to separately incorporated and independently operated medical and research hospitals engaging in life-saving work on behalf of their patients. The university will not surrender its independence or relinquish its constitutional rights. Neither Harvard nor any other private university can allow itself to be taken over by the federal government. Accordingly, Harvard will not accept the government’s terms as an agreement in principle. Harvard remains open to dialogue about what the university has done, and is planning to do, to improve the experience of every member of its community. But Harvard is not prepared to agree to demands that go beyond the lawful authority of this or any administration.

William A. Burck
Quinn Emanuel Urquhart & Sullivan, LLP 1300 I Street NW Suite 900 Washington, DC 20005

Robert K. Hur King & Spalding LLP 1700 Pennsylvania Avenue NW Suite 900 Washington, DC 20006