Daisy Chain Special Edition
Dear Supporters:
By now you have undoubtedly received Tulane University’s very expensive four-color glossy “brochure” outlining its position on the lawsuit to restore Newcomb College.
While The Future of Newcomb College, Inc. cannot afford to produce a similar brochure – nor would we find it ethical to spend our limited resources (for which we owe you our thanks) on a slick propaganda publication such as that – our board believes Newcomb College alumnae and supporters need to understand that Tulane’s clever “wordsmithing” has distorted the truth about Mrs. Newcomb’s intent, the state of Newcomb College prior to the university’s decision to dissolve it, and the status of the new lawsuit to restore Newcomb College. (The new action, Montgomery v. Tulane, has been filed by Mrs. Susan Henderson Montgomery, a great, great grand niece of Mrs. Newcomb, who fits the Louisiana Supreme Court’s definition of “successor” and who is dedicated to ensuring that Tulane honors the intent of Newcomb’s founding benefactor.)
Below are the facts:
Tulane’s Version of the Truth: Mrs. Newcomb did not impose any conditions upon Tulane as to how it should further the higher education of women.
The Truth: Mrs. Newcomb’s bequest was subject to both a condition and a charge, or an expectation of performance. When she made her bequest, Mrs. Newcomb made it clear that her intent was for Tulane to use her donations “in establishing the H. Sophie Newcomb Memorial College [not Institute] … for the higher education of … girls and young women” and “for the present and future development” of Newcomb College.
What Tulane Says: The Newcomb endowment was created by Tulane.
The Truth: Tulane did not donate the Newcomb endowment. Instead, in 1923, the university took money that Mrs. Newcomb had restricted in her will and used it as the basis for the H. Sophie Newcomb Memorial Fund, designated as funds “functioning as endowment.” Between 1974 and 1979, Tulane University continued to take and use the funds intended to maintain and support Newcomb College because the university had “financial needs.” By 1996, Tulane returned more than $15 million in Newcomb-designated money that it had taken in the 1970s. (See “Endowing Newcomb Forever” on on the upper right corner of this page.) This was money repaid, not money donated as endowment.
What Tulane Says: Today, the Newcomb endowment funds provide the programs of the H. Sophie Newcomb Memorial College Institute.
The Truth: That is true and it is beside the point. The H. Sophie Newcomb Memorial College Institute is not a college. It is an umbrella organization with no academic standing at the university, no dean, no degrees, no advisors, no campus, no student body, and no alumnae association, and the endowment funds were intended for the support of Newcomb COLLEGE and not the Newcomb Institute. Tulane is overstepping its authority in using the funds for this purpose.
What Tulane Says: Degrees have always been awarded by Tulane University.
The Truth: This is yet another example of the deceptive use of semantics by Tulane. Newcomb College graduates received a degree that was granted by Tulane University for fulfilling the requirements of the H. Sophie Newcomb Memorial College or on the recommendation of the Newcomb College faculty. The diplomas were signed by the dean of Newcomb College. The H. Sophie Newcomb Memorial Institute has no degree requirements, nor faculty, nor a dean, because it exists in name only.
What Tulane Says: Newcomb College classes became coed in 1972.
The Truth: Newcomb College students had been able to attend Tulane University classes and vice versa for many decades. The faculties were not combined until the late 1980s. After the faculties were combined, however, the Tulane Board of Administrators passed a resolution reaffirming the unique and historic mission of Newcomb College.
Here is the language, from 1987:
“The Board of Administrators of the Tulane Educational Fund hereby affirms that Newcomb College has been, is now, and will continue to be a viable and vital college of Tulane University. Newcomb has a special mission to educate women; this will continue to be its primary goal. In order to ensure the integrity of this mission, Newcomb College will continue to function as a distinct collegial entity within the University. It will retain a separate clearly defined identity comprising features that enable and enhance the fulfillment of its academic mission and are consonant with the goals of the University.”
The fact that Tulane and Newcomb shared faculties is not relevant to the donor intent litigation involving Newcomb College.
What Tulane Says: Tulane is an attractive destination for women students.
The Truth: Many universities, including Tulane, are attractive destinations for women today, but that is irrelevant. When Tulane University officials voted to dissolve Newcomb College on December 8, 2005, Newcomb College was an especially attractive destination for women because of its unique position as a women’s coordinate college. In fact, more than 2,300 women had chosen to enroll in and were attending Newcomb College at the time.
What Tulane Says: Newcomb College was not financially self-sufficient.
The Truth: When Tulane University dissolved Newcomb, the college’s endowment was worth more than $45 million. Had the university properly managed the monies donated by Mrs. Newcomb – rather than raiding the funds during the 1970s – the endowment would have been worth much more. Besides, the Tulane administration has maintained consistently throughout this controversy - until now that is - that there was no financial reason to dissolve Newcomb.
Next Steps: Tulane says that three courts have ruled in its favor. While we can quibble with Tulane’s premature “victory” count, the important fact is that the Louisiana Supreme Court overruled the lower courts and made it clear that Louisiana state law supports efforts by donors’ “successors” to enforce the terms and conditions of their predecessors’ designated gifts. No Louisiana court has ruled yet on whether such conditions or charges were imposed on Tulane in Mrs. Newcomb’s will. The Civil District Court will rule on this substantive matter of law when it hears the newly filed Montgomery v. Tulane case.
We believe this ruling will not go well for Tulane, because the judge who will be hearing the Montgomery case already has ruled that “a clear reading of Mrs. Newcomb’s will shows that she intended for Tulane … to use the balance of her estate to maintain a women’s higher education college.”
All of the legal “stars” are now aligned for a successful resolution to the fight to return Newcomb College to its proper standing as a full, degree-granting college within Tulane University. Glossy sales brochures notwithstanding, we are confident that the alumnae and supporters of Newcomb College will prevail.
Sincerely,
The Board of The Future of Newcomb College, Inc.
