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HBS Bias Suit Still in Court

Jackson's Four-Year Legal Battle Almost Over

By Teresa A. Mullin

Although the trial in a four-year-old sex discrimination suit against Harvard Business School ended last week, lawyers yesterday met in a conference to resolve the admissability of a minor piece of evidence.

In reviewing the suit, a federal judge has poured over documents which purport to depict the long and complicated tenure process at the school. Only a week ago, the trial nearly was postponed to allow both attorneys to introduce new testimony from dozens of professors.

Former B-School Associate Professor of Industrial Marketing Barbara Bund Jackson '66, who charges that her 1983 tenure bid was biased because she is a woman, is suing Harvard and Dean of the Business School John H. McArthur for $847,000 and a tenured post. If Jackson succeeds, she will become the fifth tenured woman in the B-School's 80-year history, and one of four women among the current 90-member faculty.

The case, which has been in litigation since 1984, has aired Jackson's accusations of inconsistent tenure standards for men and women, the presence of a "institutional bias" against women at the school and revelations that Harvard destroyed 10 years' worth of confidential tenure documents relevant to the case.

As closing arguments were about to end last week in the eight-day non-jury trial, Jackson's attorney mentioned a speech in which the former business professor received high praise. In the 1987 keynote address to the American Marketing Association, a prominent marketing scholar called Jackson's work one of seven "milestone" concepts of marketing theory in the 1980s.

Allan A. Ryan Jr., the attorney representing Harvard in the case, immediately objected and called the reference "the baldest sort of hearsay." Ryan said he should have had the opportunity to cross-examine the scholar, Northwestern professor Philip Kotler.

At yesterday's conference, Federal Judge Douglas P. Woodlock tried to determine whether it was necessary to gather Kotler's deposition.

"I don't really want to send people to Chicago or running all around the award's charter. The winner receives a LatinDiploma and a stipend of nearly $3000.

Also at the ceremony yesterday, Melissa S. Lane'88-'89, of Dunster House, was awarded apresidential commendation. Lane, who is a leaderof the Freshman Outdoor Program, has taughtEnglish to Latin America refugees in Boston andwill spend the summer leading a wilderness programfor urban youth. Presidential commendations aregiven by the Radcliffe president to those who havemade special contributions to the community.

Chan, Lane and eight other students werenominated for the awards by their houses. Afive-member committee composed of Radcliffe DeanPhillipa A. Bovet, Dean of the College L. FredJewett '57, two faculty members and a house tutorreviewed the candidates and then recommended Chanand Lane to Horner. "Their number onerecommendation ended up being mine, too," saidHorner, who made the final decision on the awards.

Lane said she was surprised to have been chosenfor the award because "there are so many goodpeople here."

But Bovet said Chan and Lane stood above theother nominees because they combined a variety ofinterests in the community with outstandingacademic achievement. "We are happy and very proudof both of them," she added.

Horner said she is pleased that in the last fewyears there has been growing student interest incommunity service. Horner said she would meet withChan when she returns to the U.S. in August topresent her the prize

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