Yesterday I described the situation of Ronald Sullivan, a professor of law at Harvard University who is also resident head (“faculty dean”) of Winthrop House, an undergraduate residence hall where students live for their first three years in college. Like many law professors, Sullivan has a private practice, as well as a long history of social-activist legal work. These include, as the New Yorker interview below describes, “director of the Criminal Justice Institute at Harvard Law School and previous [service] as the director of the Washington, D.C., Public Defender Service. In the wake of Hurricane Katrina, he helped free thousands of Louisianans who had been incarcerated without due process.”
He’s also the first black faculty dean at Harvard and has other social-justice cred for defending minorities (including the family of Michael Brown) and women.
None of this mattered after Sullivan signed on as a member of Harvey Weinstein’s defense team. Students protested and called for his resignation and firing, and, to Harvard’s eternal shame, the University launched a “climate review” of Winthrop House, an action that might result in Sullivan’s being booted from the house. Two deans also seemed to take the side of the students, including Rakesh Khurana, Dean of the College and an apparently clueless man who was behind Harvard’s policy of punishing both men and women who belong to single-sex organizations not affiliated with Harvard.
Like many criminal-defense lawyers, Sullivan defends people on all sides of the spectrum, including people, like Weinstein, who are accused of odious crimes. That’s par for the course, as everyone deserves a defense, and a vigorous defense is essential in keeping our legal system strong. This seems like common sense to me, and I can’t find anything to criticize in Sullivan’s decision. (As I said, I have worked as an expert witness for people accused of assault, rape, and murder, though I did it for free.) Some readers disagreed; more about that below.
At any rate, 52 law professors at Harvard, including 11 women, wrote to the Boston Globe supporting Sullivan and criticizing any attempt by Harvard to punish him for working for Weinstein; click on the screenshot below (a list of the 52 signatories is here).
One excerpt:
We call upon our university’s administration to recognize that such legal advocacy in service of constitutional principles is not only fully consistent with Sullivan’s roles of law professor and dean of an undergraduate house, but also one of the many possible models that resident deans can provide in teaching, mentoring, and advising students. The university owes a robust response to allegations of sexual harassment and other sexual misconduct. We respect students’ right to protest professor Sullivan’s choice of clients. But we view any pressure by Harvard’s administration for him to resign as faculty dean of Winthrop, because of his representation or speaking on behalf of clients, as inconsistent with the university’s commitment to the freedom to defend ideas, however unpopular.
Greg Mayer and others called my attention to Isaac Chotiner’s interview with Sullivan that appeared a few days ago in The New Yorker (click on screenshot below for free access). Sullivan is understandably reluctant to discuss the details of Weinstein’s case or of his own involvement, but he does make some revealing and enlightening statements, including his view that Harvard is going after him because he’s an African-American. I’ve put some excepts from the interview below.

Here Sullivan intimates that he got involved in this case at least partly because of legal issues—ones that he can’t describe (that is understandable as it may bear on Weinstein’s defense). Chotiner’s questions are in bold.
Why did you decide to represent Harvey Weinstein?
I have been a criminal-defense lawyer since I started as a public defender in Washington, D.C., in the mid-nineties. I represent any number of people charged with crimes across the country.
Is there some reason you chose him? I imagine you get a lot of opportunities.
I had some discussions with lawyers who represented Mr. Weinstein and then had a discussion with Mr. Weinstein. As a result of those discussions, I decided that this case was sufficiently important to the rule of law that I decided to take it on.
It was something about its importance to the rule of law that you feel like you can’t get into? Is that what you’re saying?
Correct.
Here Sullivan makes the point that despite his wealth, Weinstein is still at a disadvantage in terms of legal resources:
Do you think that is true even with white, rich, powerful defendants who are unpopular? Do you think they are still at a disadvantage?
Absolutely, because they walk into the court with the presumption of guilt, as opposed to the presumption of innocence. And it is important to note that, even with rich defendants, their resources pale in comparison to the resources of the government, which has an entire prosecutorial office and law enforcement at its disposal. Even rich people are at a resource disadvantage walking in, so the popular mythology that you can buy justice really doesn’t apply in the criminal context.
Here is Sullivan’s response to Chotiner when asked if he has rethought his decision to take on Weinstein as a client after Harvard students protested. This, I think, is the definitive response to those students who call for Sullivan’s resignation because he can’t deal with them empathically or makes them feel “unsafe”. The emphasis below is mine:
I do recognize that some students are genuinely upset with the decision to take the case. They are concerned with the allegations that are lodged against my client, and they are concerned that this will somehow impact the atmosphere at Winthrop House. Those are the major concerns. I should say, even more precisely, some students are concerned that people will be less inclined to speak about sexual assault in the House. I take any genuine student concern very seriously, even if those such concerns do not represent the majority of students in the House. It’s an important voice, and it’s one that I’ve listened to and continue listening to.
As a professor, I am, at the root, a teacher. Part of my response has been to acknowledge the genuine feelings of some of my students and encourage an open, free, frank, robust conversation about issues regarding sexual assault, but also issues regarding our long-standing constitutional traditions of due process and fair representation of clients. I do believe that the two can be meaningfully separated. That is to say: lawyers are not extensions or alter egos of their clients. Also, lawyers do not represent the ideology of their clients. Rather, lawyers are engaged in a long-standing tradition of service to people accused by the state. Just as surgeons don’t decline to work on people because they’re bad, lawyers too have these same obligations once they undertake a representation.
Here Sullivan explains one of the ways he discusses the issue with upset students.
It is important for students to feel as though they can discuss any topic in the House. I’ve reassured them of that. Those conversations go something like this, that “your dean, Dean Sullivan, has represented over the years very many women who have been victims of sexual assault,” that “I’ve represented Winthrop students, women Winthrop students, who have been victims of sexual assault.” [Sullivan added that he has represented Winthrop students both at Harvard and in court proceedings.] I’ve also pointed them to some of my work as part of a team of scholars who have been going about the business of redrafting the Model Penal Code’s sexual-assault provisions, which are very much outdated.
Here’s where he brings up the topic of the University being racially motivated in singling him out for “investigation”. Frankly, I have some trouble agreeing with him, as Harvard would look really bad, not to mention opening itself up for a discrimination lawsuit, if Sullivan’s race had any bearing on the issue. No, I think he was singled out because the students (and the student newspaper, the Crimson) protested so vehemently, and because the client was Harvey Weinstein rather than a garden-variety murderer.
Do you feel that any of the attacks against you have been racially motivated?
Yes.
Specifically?
No faculty dean in the history of the house system has been subjected to this sort of process in the middle of some pending controversy. It’s just never happened before.
You mean the process of the students being upset or of the faculty saying they’re going to look into it?
No, this climate survey. It’s absolutely never happened before, and I do not believe that it would happen again to any non-minority faculty dean. . .
But I do agree with Sullivan when he places the blame on this investigation, and on the lack of support he’s gotten from Harvard, on the administration rather than the students. That’s a charitable (and brave) thing to do:
Is this on the dean of Harvard College, who launched this survey, or is this in response to student pressure? Do you blame the administration, or do you think that the students forced his hand?
No, students have every right to protest. It’s in the nature of students to protest. The adults in the room, however, do not have to react in the way that they have.
. . . The other thing I want to say is that we can’t lose sight of the fact that one of the reasons this is so troubling is that I am not personally accused of engaging in any misconduct. Given the pitch that the administration has allowed this to continue at and increase, one would think that I had engaged in some form of misconduct with a colleague or a student. That’s the furthest thing from the truth. This is all some vicarious association with a client whom several in our community don’t like. If that becomes the new standard-bearer, then we’re going to see continued threat.
Finally, Sullivan responds to the argument that he should modify his behavior because of his pastoral role as a student advisor/mentor:
What do you say to people who say that this role at Winthrop House is specifically a role in these students’ lives, and it’s about making a community, it’s not about the classroom, and so the standard should be a little different?
I say it is correct that it’s not just about the classroom, but it’s not just about being a thermometer and registering the temperature of students at any given time. Rather, it’s about being the leader of a living learning center where we live together and we learn together. This is Harvard University. Ideas have to continue to be paramount. To the degree that we police certain ideas and don’t police others, we are in trouble as a university. That pains me the most.
As evidence of that, I think I told you at the beginning, last year, I tried a very high-profile sexual-assault case in Missouri. Not a peep from the administration about this being antagonistic to the pastoral role of the faculty dean. This feels very much like a form of content policing from administrative voices. If it were a problem, it would’ve been a problem earlier, which leads me to think that this has everything to do with a small but vocal group of protesters. Look, one has to take seriously the concerns of students. But from the vantage point of a professor and administrator, you also have to insure that the university is a space where multiple ideas can exist and that other students aren’t silenced.
I want to make two other points here. First, it seems as if it isn’t the nature of the crime itself that is so important in the protest by Harvard Students, but the fact that it was a crime allegedly committed by Harvey Weinstein: multiple sexual assaults under the threat of him using his power to injure careers. But why would students protest about Sullivan defending Weinstein when, I presume, they wouldn’t protest if he defended a murderer? I can think of an explanation—that women students might feel that Sullivan was not sympathetic to their concerns about sexual assault—but this doesn’t hold up when you consider that you could make the same argument touting a lack of empathy for student concerns about being assaulted or killed.
Second, several readers yesterday said that they agreed with the students that Sullivan should either leave Winthrop House or stop representing Weinstein or—indeed—anybody. I ask those people this: would you then say that I, Jerry Coyne, am unsuited to mentor students in this way because I once was on the defense team of rapists, assaulters, and murderers, including accused killer O. J. Simpson? If not, why not?
People who argue that Sullivan is engaging in a “dual and conflicting role” by being head of Winthrop House while defending Harvey Weinstein, I submit, don’t understand how the law works, and how a defense attorney’s character is not compromised by his defending those accused of odious crimes. Just remember what Sullivan said above: “lawyers are not extensions or alter egos of their clients. Also, lawyers do not represent the ideology of their clients. Rather, lawyers are engaged in a long-standing tradition of service to people accused by the state. Just as surgeons don’t decline to work on people because they’re bad, lawyers too have these same obligations once they undertake a representation.”
That is a very good point, and gets at the heart of the issue. Would the students call for the resignation of a surgeon who was dean of their house if he operated on and saved the life of someone like Harvey Weinstein? If they were consistent, they should, but that would look pretty stupid. It’s only because Sullivan is a lawyer that this is an issue.