The Boston Globe

Who should prep university presidents? Crisis managers, not lawyers.

- By Joe Baerlein Joe Baerlein is the principal at Baerlein & Partners in Boston.

Why do lawyers believe they are best qualified to prep their clients for nonlegal situations such as the congressio­nal hearing earlier this month featuring the presidents of Harvard University, the University of Pennsylvan­ia, and MIT? And where were the profession­al crisis managers who do this for a living? They had to be MIA or overruled by the lawyers.

Published reports stated that in the weeks leading up to the congressio­nal hearing, one law firm coordinate­d the preparatio­n for both Harvard and Penn and also met with the president of MIT.

All three presidents came across as so scripted that they even used some of the same words in answers to questions. No competent crisis manager would have permitted their clients to come across as human automatons, especially when all three of these presidents are bright and capable people.

This was not a courtroom they were in but a political room. As Steven Davidoff Solomon, a professor at the University of California, Berkeley law school, commented, the college presidents appeared to be “prepared to give answers in court — and not a public forum.”

Testifying in a court of law often calls for specific answers to questions. But if the opposing lawyer unfairly attacks your client, you have both client counsel and the judge to object and overrule improper or misleading questions.

No such process exists in congressio­nal hearings, where the only thing missing in the circus that took place Dec. 5 was the carnival barker, although Republican Representa­tive Elise Stefanik of New York did a fair impression of that role.

The presidents had to give crisp and emotional answers to the very specific question of whether calls for genocide of Jewish students was protected speech according to the guidelines of their institutio­ns. That’s the first question any good crisis manager is preparing their client for before they step into the congressio­nal hearing room. Ever since the attacks on Israel on Oct. 7, almost every major university president has faced protests on their campus and been asked their position on free speech and whether hate speech directed at Jewish students was protected speech.

And after the presidents got the answer wrong the first time in the prep session, we would roll the video tape, show them where their answers were deficient, and have our Stefanik impersonat­or go at them again. And again, until they got it right.

The challenge for these three presidents was not to litigate what is protected speech on their campuses. Nor was it their role to parse the student handbook on the code of conduct on whether or not that harmful speech was directed to a specific individual or group. Congressio­nal hearings are forums for sound bites and certainly not meant to interpret the context or meaning of questions from people like Stefanik.

While the three presidents were being coached on the legal definition of free speech and their respective codes of conduct on their campuses, Stefanik was preparing her “gotcha questions” and hoping that one or more of the presidents would take the bait. Unfortunat­ely, all three did.

The damage was done, their performanc­es justly criticized and a day later, the president of Penn resigned. As the then-chair of the Penn board of trustees Scott L. Bok stated after Liz Magill’s resignatio­n, “She was not herself .... Over-prepared and over-lawyered given the hostile forum and high stakes, she provided a legalistic answer to a moral question and that was wrong.” Bok announced his resignatio­n following Magill’s.

What then could have changed the outcome here?

The first step would have been to show these three accomplish­ed leaders the video of the answers given by then-presidenti­al candidate Michael Dukakis. During one of the 1988 presidenti­al debates, CNN’s Bernard Shaw asked Dukakis if he would support the death penalty if his wife were raped and murdered.

Instead of expressing anger and outrage at what he would want to do to this criminal, as Mario Cuomo did when asked the same question, Dukakis, a smart and accomplish­ed governor of Massachuse­tts, gave a long-winded answer on the reasons he opposed the death penalty. When I show that clip to my crisis clients, they cringe and acknowledg­e that that was the wrong answer. But it helps them prepare for that type of question.

Lesson one for Gay or anyone else experienci­ng a communicat­ions crisis is to find the right opportunit­y to express your feelings and, in the Harvard leader’s case, outrage at the vile and hurtful comments being directed toward Jewish students. An experience­d leader would throw back any comments that could be used against them in a follow-up question.

The next step would be to prepare for likely questions from members of Congress. Know that some members will try to force yes or no answers as context and nuanced explanatio­ns are not what they seek. Don’t be afraid to state that a line of questionin­g is misleading or inaccurate.

And if tripped up by a question that’s posed, answer instead the question you want to be asked. This is about controllin­g the conversati­on.

The next step is to preempt members from getting the headlines they seek. You don’t need to be a performer in their circus. How to do that? Release sound bites in advance of your testimony. Be unequivoca­l, be empathetic, but don’t wait to state your views until you get before a congressio­nal committee.

My final bit of advice for Gay specifical­ly would be to invite Stefanik — and the media — back to Harvard for a visit and tell her while free speech is indeed protected on campus, hate has no place at Harvard.

Bet that sound bite would be in every story.

 ?? KEVIN DIETSCH/BLOOMBERG ?? All three university presidents came across as so scripted that they even used some of the same words in answers to questions.
KEVIN DIETSCH/BLOOMBERG All three university presidents came across as so scripted that they even used some of the same words in answers to questions.

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