Read Harvard’s Response to the Trump Administration (2025)

quinn emanuel trial lawyersApril 14, 2025VIA ELECTRONIC MAILJosh GruenbaumCommissioner of the Federal Acquisition ServiceGeneral Services AdministrationSean R. KeveneyActing General CounselU.S. Department of Health & Human ServicesThomas E. WheelerActing General CounselU.S. Department of EducationDear Messrs. Gruenbaum, Keveney, and Wheeler:KING & SPALDINGWe 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 theHarvard 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'svalues 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 supportivelearning environment for all students and continues to abide in all respects with federal law acrossits academic programs and operations, while fostering open inquiry in a pluralistic community freefrom intimidation and open to challenging orthodoxies, whatever their source.Over the past 15 months, Harvard has undertaken substantial policy and programmaticmeasures. It has made changes to its campus use policies; adopted new accountability procedures;imposed meaningful discipline for those who violate university policies; enhanced programsdesigned to address bias and promote ideological diversity and civil discourse; hired staff tosupport these programs and support students; changed partnerships; dedicated resources to combathate and bias; and enhanced safety and security measures. As a result, Harvard is in a very differentplace today from where it was a year ago. These efforts, and additional measures the universitywill be taking against antisemitism, not only are the right thing to do but also are critical tostrengthening Harvard's community as a place in which everyone can thrive.It is unfortunate, then, that your letter disregards Harvard's efforts and instead presentsdemands that, in contravention of the First Amendment, invade university freedoms long

Messrs. Gruenbaum, Keveney, and WheelerApril 14, 2015Page 2recognized by the Supreme Court. The government's terms also circumvent Harvard's statutoryrights by requiring unsupported and disruptive remedies for alleged harms that the government hasnot proven through mandatory processes established by Congress and required by law. No lessobjectionable is the condition, first made explicit in the letter of March 31, 2025, that Harvardaccede to these terms or risk the loss of billions of dollars in federal funding critical to vital researchand innovation that has saved and improved lives and allowed Harvard to play a central role inmaking our country's scientific, medical, and other research communities the standard-bearers forthe world. These demands extend not only to Harvard but to separately incorporated andindependently operated medical and research hospitals engaging in life-saving work on behalf oftheir patients. The university will not surrender its independence or relinquish its constitutionalrights. Neither Harvard nor any other private university can allow itself to be taken over by thefederal government. Accordingly, Harvard will not accept the government's terms as an agreementin principle.Harvard remains open to dialogue about what the university has done, and is planning todo, to improve the experience of every member of its community. But Harvard is not prepared toagree to demands that go beyond the lawful authority of this or any administration.William A. BurckQuinn Emanuel Urquhart & Sullivan, LLP1300 I Street NWSuite 900Washington, DC 20005Bout“Robert K. HurKing & Spalding LLP1700 Pennsylvania Avenue NWSuite 900Washington, DC 20006