A Louisiana state judge has dismissed a lawsuit seeking to force Tulane University to reopen H. Sophie Newcomb Memorial College as a separate undergraduate college for women.
The lawsuit was brought last year by a descendant of a 19th-century donor and was supported by a group of Newcomb alumnae who have been fighting Tulane in court for more than three years. The university had merged its separate undergraduate colleges in the aftermath of Hurricane Katrina.
In an order released on Monday, Judge Rosemary Ledet, of the Civil District Court in New Orleans, ruled that Josephine Louise Newcomb's will, which established Newcomb College, did not require Tulane to continue operating it as a separate, degree-granting institution.
The ruling came as a blow to a die-hard group of Newcomb alumnae who have been fighting to resurrect their alma mater. They backed another lawsuit against Tulane in May 2006, saying the university had violated the terms of the donation agreement by merging Newcomb into a new coeducational undergraduate division.
That lawsuit and a subsequent suit were dismissed. But last year, the Louisiana Supreme Court breathed new life into their case by ruling that "would-be heirs" have the right to sue an institution if they believe it isn't honoring the conditions of a donor's bequest.
Each side in the protracted legal battle filed motions for summary judgment to end the latest case, and on Monday, Tulane's motion was granted.
Newcomb supporters received the news late Monday and had not announced as of Monday night whether they would appeal.
Renée F. Seblatnigg, president of a group called the Future of Newcomb College, issued a written statement on Monday. For 119 years, Tulane had met its obligation to "develop and maintain in perpetuity a coordinate women's college at Tulane," she said.
"To allow Tulane University to get away with unnecessarily dissolving Newcomb College against the express wishes of one of their largest donors would be a blow to the concept of 'donor intent' and to the future of women's education everywhere."
Monday's judgment concluded that "the language of Josephine Newcomb's will contains no enforceable conditional obligation to support plaintiff's claim." The judge agreed with previous courts that Tulane should be able to use Ms. Newcomb's donation as it sees fit.
Tulane's president, Scott S. Cowen, said he was pleased with the ruling and proud of Tulane's commitment to educating women. When Tulane decided in 2006 to close Newcomb College as part of a cost-cutting restructuring, it created the H. Sophie Newcomb Memorial College Institute, an academic center open to all undergraduate women at Tulane. The center presents leadership symposia and research on enhancing education for women.
"More women are participating in the events of the Newcomb College Institute than ever participated in the events of Newcomb College," Mr. Cowen said in an interview on Monday. In addition, women represent 56 percent of this year's entering class—an all-time high.
"I hope everyone who is disappointed in the outcome will look forward and not back, and understand that we continue to have a great deal of respect for women's education," Mr. Cowen said. That respect, he said, has "broadened and deepened" since the two undergraduate colleges were merged.
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