By Jason Cruz
NORTHWEST ASIAN WEEKLY
Betrayal.
Dr. Karen Korematsu, the daughter of civil rights activist Fred Korematsu, is now speaking out about her disappointment with Seattle University (SU).
This comes after the Korematsu Law Center departed from SU’s School of Law on June 30. Despite the Center’s departure, SU has reportedly kept donations earmarked for the Korematsu Center, totaling over $1 million, according to Professor Robert Chang, executive director of the Korematsu Center.
Chang, who led the Center from its inception, has since relocated it to the University of California, Irvine School of Law. The funds in question were originally donated to SU with restrictions intended to support the Korematsu Center and its mission.
“She (Dr. Korematsu) feels that if the University does not transfer the funds, it is profiting off of the Korematsu name,” said Chang. “I had asked the leadership at SU law what I may tell Karen Korematsu,” explained Chang. “Whether funds that were donated to the Korematsu Center to advance her father’s legacy or whether the funds would be retained? If they were going to be kept by SU, and if they would be kept, they would no longer be able to be advanced by her father’s legacy.” Chang did not receive a response to his queries prior to the end of June.
Fred Korematsu was an American civil rights activist who resisted the incarceration of Japanese Americans during World War II. He challenged the legality of the orders, leading to the landmark Supreme Court case Korematsu v. United States.
In a message on X (formerly Twitter), Karen Korematsu—also the founder and president of The Korematsu Institute, said she is “deeply disappointed that the leadership of Seattle University & the Seattle University School of Law do not intend to transfer funds when the Korematsu Center moves to its new home at the University of California, Irvine School of Law. These funds were donated to support the work of the Korematsu Center to advance the legacy of my father, Fred Korematsu.”
It goes on to say, “This is despite the wishes of donors who want funds transferred. This means that these funds will no longer be available to advance my father’s legacy. In doing so, I believe Seattle University School of Law has betrayed commitments made to my late mother and me and is betraying my father’s legacy.”
Post on X from Korematsu Institute
Seattle University issued a statement in response:
“Seattle University and Seattle University School of Law founded, funded, and operated many impactful centers, institutes, and other programs. The University and School of Law deeply appreciate the donors whose generous gifts have complemented SU’s and the School of Law’s significant investment in centers and institutes—including the Korematsu Center for Law & Equality, which on July 1 will become known as the Seattle University Center for Civil Rights and Critical Justice (CCRCJ). We will have more to say after we conclude our ongoing dialogues with principal donors about their gift agreements and wishes, and the evolution of our Center’s work at the University. We are doing our due diligence and taking into account all of the factors involved in such matters.”
Dean Anthony E. Varona of Seattle University further elaborated on the situation, noting that, “Washington state law regulates Seattle University’s stewardship of these donor gifts. The law prohibits the University from transferring a donation to another institution when SU will continue the work the original donation supports.”
Dean Varona also stated, “As we indicated last week, SU leadership and/or I have been in conversation with the principal donors for several months in anticipation of the changes at the Center, including the move of Professor Chang to the University of California, Irvine (UCI). Seattle University and our law school are deeply indebted to our donors for their visionary generosity, and we steward their gifts with care. The donors’ wishes are diverse. While one set of donors confirmed last week that their preference is for their donations to go to UCI, another set of donors have not made such a request and instead have expressed an interest in increasing their support for the School of Law and the CCRCJ.”
“The university has not been responsive to the donor’s clearly expressed desire that the money go with the Korematsu Center,” said Chang. “Instead, I believe that they have been trying to run out the clock. I believe that they have in their back pocket a legal maneuver that could cut the donor and the beneficiary out.”
Dean Varona responded, “We are working with the donors and within the law in order to identify the best path forward for everyone involved.”
The Washington State Legislature passed a law with respect to restrictive gifts that while the intent of a gift to a nonprofit may be changed with the consent of the donor, the receiving party may also amend the intent without consent from the donor if the intended purpose no longer exists. The statute allows for the nonprofit, Attorney General, and all other interested parties to come to an agreement on a modified purpose of the donation. The statute has never been litigated to date, but it is worthy to note that the definition of an “interested party” in the statute does not include the donor. The law also has time restrictions prior to the recipient attempting to modify the purpose of the gift.
Also in support of the issue was the student body of Seattle University in conjunction with other school affinity groups.
The Asian Law Students Association of Seattle University and the Student Bar Association of the Law School issued a joint letter to Dean Anthony Varona and President Eduardo Pehalver of the school.
The letter addressed the current disputes occurring between Seattle University and the Korematsu Center.
“By refusing to transfer the past funds originally intended for the Center, the school threatens to harm that legacy. It devalues the efforts of the faculty and students who have contributed to the Center’s success and may ignore the donor’s intentions.”
Signing onto the letter were the school’s Black Law Student Association, Filipino American Law Students Association, Korean Law Student Association, Pacific Islander Law Student Association, and more.
Jason can be reached at newstips@nwasianweekly.com.