VOL 6, NO. 1
AUGUST 28, 2009
B R A N D E I S U N I V E R S I T Y ' S C O M M U N I T Y N E W S PA P E R
NEWS ANALYSIS
Outside attorney takes harsher tone on Rose Art
THEHOOT.NET
Rose benefactors sue university
BY ARIEL WITTENBERG Editor
See REILLY, p. 2
IN THIS ISSUE:
PHOTO BY Max Shay/The Hoot
ROSE SUIT: Three benefactors of the Rose Art Museum filed a suit against the university on Jul. 27 to prevent the sale of artwork and closing of the museum.
BY ARIEL WITTENBERG Editor
Three benefactors of the Rose Art Museum filed a law suit on Jul. 27 to prevent Brandeis University from closing the museum, selling any part of its 7,183 piece collection or using any part of its endowment for other purposes.
The suit, filed by benefactors Jonathan Lee, Lois Foster and Meryl Rose, has been called “frivolous and without merit” in a statement by Thomas Reilly, outside council for the university. The suit comes almost six months after university President Reinharz’s Jan. 26 announcement that the Board of Trustees had
voted to close the museum and sell its artwork in order to help offset the university’s projected $80 million budget gap over the next five years. Reinharz later retracted that statement, saying the university planned to simply See ROSE SUIT, p. 2
FY2010 budget balanced, fundraising money to be used toward financial aid BY ARIEL WITTENBERG
This “fundraising success” comes despite what Senior Vice President of Institutional Brandeis University’s Department of De- Advancement Nancy Winship called the velopment and Alumni Relations secured “hardest fundraising year in my 15 years at Brandeis.” $78.3 million in cash gifts in the 2009 As part of the budfiscal year. The money will be used get cuts, the uniprimarily to help students in versity susneed of financial aid, pended its and also helped procontriduce a balanced bution university budget to the for fiscal year r e VP of Communications Lorna Miles, Dean of Ad2010. tiremissions Gil Villanueva and VP of Financial Affairs Of the $78.3 Maureen Murphy, all members of the university’s senior million, administration, left the school over the summer. $11.6 million were given as While the university has not announced a hiring freeze for unrestricted members of the administration, it has not attempted to gifts, meanfill these positions, thus saving the university money in ing the monment yearly salary and contributions to retirement funds. ey can be used plans for any purpose of facThe university would not disclose the salary of within the uniulty and these three members of the administration versity. staff for and refused to call its hesitance to The university’s one year this hire a strategy. fundraising success July—a move makes FY09 the “fourth that closed $7.4 millargest year for cash gifts ever lion of the then projected $8.9 to Brandeis,” according to an e-mail message from university President Jehuda million budget gap. The retirement fund cuts, coupled with Reinharz to the faculty over the summer.
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The university’s approach towards opponents of its reconfiguration of the Rose Art Museum has taken a turn from conciliatory to combative, most recently marked by the hiring of former Massachusetts State Attorney General Tom Reilly to serve as outside legal council in a lawsuit filled by three Rose Art Museum benefactors against the university. After announcing on Jan. 26 that the Board of Trustees had decided to close the museum and sell off its art, university President Jehuda Reinharz insisted in a student press conference held on Feb. 6 that “the Board resolution never talked about selling the [Rose’s] collection.” At the time, Reinharz’s comments marked the beginning of a change in the university’s public relations strategy, and the press conference came only one day after Reinharz issued a statement taking full responsibility for what he called a “misunderstanding” in the mainstream media about the fate of the Rose Art Museum. “To quote President Obama,” the press release concluded, “ ‘I screwed up.’” It seemed the university was taking a conciliatory route to mend ties broken by the media storm that followed Reinharz’s initial announcement. But when, after four months of trying to work with the university to save the museum three Rose benefactors sued the university to stop the sale of artwork, the administration hired Reilly. In doing so, they once again changed their tactics. In a July 28 statement released to the press, the newly hired Reilly called the lawsuit “frivolous and without merit,” a position he said the university “look[s] forward to aggressively defending...in court” —a far cry from the “regret” Reinharz expressed five months prior. Reilly did not respond to requests to comment about his change in tone; however the administration’s decision to hire Reilly as outside council sheds light on the suit at hand. Spokesperson for the university Dennis Nealon refused to comment on the university’s decision to hire outside council to handle the case in place of Judith Sizer, its in-house general council. Nealon did say, “Tom Reilly is an experienced trial lawyer. It is not uncommon for a university to seek outside staff when it is being sued.” This feeling was echoed in an e-mail message from Sizer to The Hoot in which she wrote, “in-house university lawyers
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the reduction of 76 staff positions, and a better-than-expected endowment return, helped produce the balanced budget, Executive Vice President and Chief Operating Officer Peter French wrote in an e-mail message to the Brandeis community. The university had been bracing for an endowment return of -30 percent, however, the actual endowment return was -17.3 percent, French wrote in his e-mail. The university also dipped into one million dollars from the university’s emergency reserve. This year, the university’s Department of Development and Alumni Relations stressed the importance of donating toward financial aid when asking for gifts, Winship said. Neither Winship’s office nor that of Senior Vice President for Students and Enrollment knew exactly how much of the $78.3 million raised actually went towards students in need of financial aid. Winship did say, however, “if we really were going to alleviate the need, we would need a $1 billion endowment to support financial aid.” Though the university may have a balSee BUDGET, p. 2
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