Correction appended; see bottom.The University has restricted access to all Rose Art Museum-related materials in the Robert D. Farber University Archives and Special Collections until the completion of a review pertaining to a lawsuit filed by three members of the museum's Board of Overseers, according to the University's legal counsel, Judith Sizer.

In an e-mail to the Justice, Sizer wrote, "Full access to Rose-related documents housed in the archives will be reinstated when the review has been concluded, subject to any exigencies that may stem from the litigation recently filed against the University." When asked about such exigencies, she responded in an interview with the Justice that the defense counsel in a litigation process will generally gather all documents potentially pertaining to the trial in one place to ensure a proper defense of the case.

The lawsuit was filed by Rose overseers Jonathan Lee, Meryl Rose and Lois Foster on July 27 in the Supreme Judicial Court of Massachussetts. The case was subsequently transferred to the Suffolk Probate Court. The lawsuit states that the University's decision to close the museum and sell its paintings would violate the museum's ethical codes and Brandeis' commitment to the Rose family to maintain the museum.

Sizer explained in an interview with the Justice that there are three types of restricted information: museum records, library archives and internal University records, which relate to donor information and can be traced back to years before the founding of the University.

Sizer said that all three types of the records are crucial to determining donor intent.

"The records from the early years of the University can be spotty. If you're trying to determine donor intent you need to look at every document you can get hold of," she said.

The review, which is being conducted by University counsel, began last December. The museum records were previously stored inside the museum, and Michael Rush, the previous director of the Rose, began photocopying these records last February and delivering the photocopies to the administration. The museum records were transferred to Sizer's office after Rush left on June 30. The Rose archive materials were also transferred to Sizer's office in early May.

Sizer was unable to provide a date for completion of the review, however, saying that she has not yet determined "the extent of the documents." When asked about the review, she responded that it has been proceeding well.

Sizer noted, however, that she would consider providing access to graduate students who want to use the materials in the archives for academic reasons.

"Once we have finished reviewing the documents, we will discuss setting up a process for undergraduates, graduate students and other members of the Brandeis community who may have legitimate needs to review materials," wrote Sizer in an e-mail to the Justice. Sizer further explained in the e-mail that the Justice would be able to access documents, but that access would not be exclusive to the Justice.

University Provost Marty Krauss referred all questions about this matter to Sizer.

Sizer added that the review is necessary because the University needs to obtain all information possible before making any decisions regarding artwork from the Rose.

Jonathan Lee, the chairman of the Rose Board of Overseers and one of the plaintiffs in the lawsuit, said the administration's decision to restrict access to the archives served as an indication that they had something to hide.

"I think it is all part of the duplicitous conduct they have been engaging in since their decision to sell off the art. They made a poor decision and have behaved poorly to protect that decision," said Lee.

Lee said that he personally had never attempted to access anything from the archives. Although Lee said his status as a plaintiff prohibited him from saying which specific documents he would choose to access from the archives, he was careful to note that the decision to restrict access would not hamper the litigation process, explaining that the process involved a methodology called the discovery process, which can enforce disclosure of documents.

Fred Hopengarten, a lawyer related to the Rose family, said in an interview with the Justice that he first attempted to access information from the archives last April and that he tried again in May, June and July. He said he was particularly interested in obtaining a copy of the 1969 trust created by Edward Rose for the art museum.

A letter from Abraham Sachar to Edward Rose that accompanied and referred to the trust agreement has been incorporated into the lawsuit. In that letter, Sachar writes that Edward Rose and his wife, Bertha, have "made a magnificent art facility available and . are providing permanent maintenance and support." However, Hopengarten said that he has been unable to access a copy of the trust itself.

Hopengarten said that in June, he received a response from Sizer saying that she was optimistic that she would be able to reply during the summer, but during July she notified him again to say that she doubted there would be answers for him in July.

"Tomorrow is Sept. 1, and I still have no substantive response," said Hopengarten, adding that Karen Abramson, the chief of the archives, told him that she no longer had responsibility for these archives and directed him to Sizer.

Prof. Mark Auslander (ANTH) wrote in an e-mail to the Justice that he was previously unfamiliar with the restriction regarding the archives. Although he stressed that he did not know enough about the situation to provide a substantial comment, he wrote that he believes the archives are invaluable educational resources because many of his students have benefited from them, and he hopes they will become available again soon.



- Hannah Kirsch and Nashrah Rahman contributed reporting.

Correction: The seventh paragraph of the article implies that both the original Rose Art Museum archives and Robert D. Farber Special Collections and Archives pertaining to the Rose were removed from their original locations. In fact, only the Robert D. Farber archives were removed; the Rose Art Museum archives still reside in the museum.