Scholl’s reply read “bite me.”
Scholl described the incident as “embarrassing,” because he said he did not realize that Bankole was in his section when he sent the e-mail.
“Had I known she was African- American and there would be some sort of racial controversy, I would not have sent either of the e-mails,” Scholl said.
Simpson said she immediately responded to Scholl’s in-class apology.
“I got very emotional and directed my comment to the class, saying that if you’re going to say something hateful and going to apologize for it later, then just don’t say it all,” Simpson said.
Another student burst out into tears and left the class.
After Scholl’s apology, Nesson suggested that the class use the incident as a learning experience and hold a mock trial, where Nesson would represent Scholl.
However, Nesson’s proposal upset many students in the class, according to Anjan Choudhury, a first-year law student.
“This is not something that should be on trial in front of the class,” Choudhury said. “It’s ridiculous for our teacher to be representing this person and asking us to choose sides.”
Nesson, however, said he had no idea his proposal would upset so many students in the class.
“I thought the outcome [of a trial] would be a better understanding of all points of view and that we would learn in the process,” he said. “I feel terrible about the emotional upset I have caused, and deeply regret that I have placed students who were already hurt once in the position of having to deal with yet another occasion for apology. I acted with good intention but without due care.”
Simpson said she, another classmate and several professors met with Dean of the J.D. Program Todd D. Rakoff ’67 and Dean of Students Suzanne Richardson to discuss how to proceed after the class. The group struck down the idea for a mock trial.
“There will be no mock trial. This is not a pedagogic moment. The faculty and administration have been meeting all day and are dealing with the situation,” Harcourt said. “We want to make sure learning continues and that we address this situation properly.”
Rakoff could not be reached for comment yesterday.
—Staff writer Jenifer L. Steinhardt can be reached at steinhar@fas.harvard.edu.