
FILE PHOTO: President of Bard College Leon Botstein speaks during the “Changing Landscapes: From the Digital Classroom to the Global Campus” panal during the TIME Summit On Higher Education on Oct. 18, 2012 in New York City.
Jemal Countess | Getty Images
Bard College President Leon Botstein announced Friday that he will retire at the end of June after 51 years leading the prestigious New York liberal arts school, a day after a law firm retained by its Board of Trustees delivered a critical report about his relationship with the late notorious sex offender Jeffrey Epstein.
“Nothing that President Botstein did in connection with his relationship with Jeffrey Epstein was illegal,” WilmerHale attorney Jamie Gorelick wrote in a summary to those trustees, which CNBC obtained.
“But President Botstein made decisions in the course of that relationship that reflect on his leadership of Bard,” wrote Gorelick, who served as a deputy attorney general in the Clinton administration.
Bard’s trustees retained WilmerHale in February to review its 79-year-old president’s relationship with Epstein after details about their communications were made public with the release by the Department of Justice of documents, which made clear they were more extensive than previously known.
Botstein, who is a renowned orchestral conductor, has said he cultivated Epstein as a donor for Bard, which is located in Annandale-on-Hudson. His pursuit of Epstein came several years after the shady money manager pleaded guilty in Florida state court to soliciting a minor for prostitution and served a 13-month jail term.
“President Botstein forcefully argues that Bard’s need for funds was paramount,” Gorelick wrote in her summary of her report for Bard’s trustees.
“His view was, ‘I would take money from Satan if it permitted me to do God’s work,’ ” Gorelick noted.
Jeffrey Epstein in 2004.
Rick Friedman | Corbis News | Getty Images
“President Botstein said that he did not see a risk to Bard’s reputation in pursuing Epstein or the
potential risk to Bard students of exposure to Epstein, nor did he consider that his actions could validate and legitimize Epstein to potential victims or their parents,” the attorney wrote.
“In his public statements and his statements to the Bard community, President Botstein minimized and was not fully accurate in describing his relationship with Epstein.”
Epstein, in addition to Botstein, had friendships with many high-profile people, including President Donald Trump, former Harvard President Larry Summers, and Andrew Mountbatten-Windsor, the brother of King Charles III of Britain.
Epstein died in August 2019 from suicide in a Manhattan federal jail, several weeks after being arrested on child sex trafficking charges.
A woman who answered the phone at Botstein’s home on Friday referred questions to the college’s media affairs department.
Bard College, in a statement, said, “Over the course of fifty years, President Botstein has been a transformative leader with the vision and unwavering commitment that has shaped Bard into the world-class educational institution it is today.”
“We are confident in Bard’s future and dedicated to ensuring this institution we all love continues to grow, thrive and model excellence,” the college said.
Botstein’s retirement statement
Botstein did not mention Epstein by name in his retirement announcement, which touted his role in Bard’s $1 billion endowment campaign, which was completed in January. That campaign was kick-started in 2021 with a $500 million challenge grant from Open Society Foundations, the philanthropic network founded by billionaire hedge fund investor George Soros.
But Botstein did reference the investigation of his contacts with Epstein.
“I believe it was prudent and in the best interest of Bard to wait until the Wilmer Hale review was complete to make this announcement,” Botstein wrote.
He said in an email to Bard students and faculty that he had previously informed the Board of Trustees of his intention to retire, “and focus my energy as faculty member, teacher, and musician.”
He also said, “I will continue with the Bard Music Festival, SummerScape, and the Bard Conservatory and will live at Finberg House,” a campus residence, he wrote.
WilmerHale’s findings about Bard’s president
Gorelick, in her summary, wrote that Botstein, in deciding to pursue donations from Epstein in 2012, did not try to understand the details of Epstein’s 2008 conviction for soliciting a minor girl for prostitution, and that he “disagreed with the view expressed by a senior faculty member, whom he had asked to help with a proposal to Epstein, that Bard should not engage with Epstein.”
Botstein was presented with information about Epstein’s past crimes and related allegations against him, Gorelick wrote.
“President Botstein relied on his view that a person convicted of crimes involving sex with a
minor — ‘an ordinary sex offender’, in his words — could be presumed to be rehabilitated in the same way that any other convicted person should, in his view, be given that presumption,” Gorelick wrote.
Botstein had contacts with Epstein from 2012 through 2019, the year of his sex trafficking arrest and death. During that time, Botstein visited Epstein’s Manhattan townhouse about 25 times, visited Epstein’s Little St. James Island in the U.S. Virgin Islands for a two-day trip, welcomed Epstein for two visits to Bard, the lawyer said.
The two men also attended “various concerts and recitals accompanied by multiple women who have since been identified as victims of Epstein, and [Epstein made] multiple requests that President Botstein help such women — in the form of invitations to concerts and rehearsals, visits with the women and their parents, advice on their musical careers, etc.,” Gorelick wrote.
“There were many more invitations extended to Epstein — to stay at a Bard guest cottage, to attend a concert by conservatory students, to visit Bard High School Early College, for example — that, had they been accepted, could have further exposed Bard students to Epstein,” Gorelick noted.
She said Botstein did not discuss with the board whether to accept donations from Epstein or whether he could “appropriately accept payments from Epstein.
“President Botstein did not disclose to or flag for the Board, when it approved the contributions made by an entity called Enhanced Education in 2011 and 2012, that these funds were from Epstein.” Gorelick wrote.
And when the billionaire Leon Black made a donation to Bard in 2014, “which President Botstein understood had been made at Epstein’s behest, were disclosed only as funds from Black,” Gorelick wrote.
Leon Black, then-CEO of Apollo Global Management, at the Milken Institute Global Conference in Beverly Hills, California, May 1, 2018.
Patrick T. Fallon | Bloomberg | Getty Images
“In 2016, President Botstein accepted fees under a consulting agreement with an Epstein entity,” Gorelick wrote. “He did not disclose the agreement to the Board on the ground that he intended to donate those funds to Bard.”
The lawyer said that Botstein explained that the funds “were donated to Bard by rolling them into his and/or his wife’s contributions over the years and were not separately identified as coming from Epstein.”
“For this reason, the documents cannot confirm for the Board the contribution of those fees to Bard.” Gorelick wrote.
Owen Denker, a Bard student who is the spokesman for the group “Take Back Bard,” which had sought to oust Botstein after revelations about his ties to Epstein, in a statement to CNBC, said, “While we are pleased with Leon Botstein’s decision, to step back, it does not go nearly far enough.”
“He needs to cease teaching and conducting immediately,” Denker said.
“Furthermore, we need to see the systemic culture of sexual abuse addressed, and shared governance including faculty, staff, and students to ensure similar negligence does not occur again,” Denker said.
The executive committee of Bard’s Board of Trustees, in a statement obtained by CNBC, said the board “is grateful to President Botstein for his five decades of service to Bard College, his countless accomplishments and the lasting impact of his leadership.”
But the committee also said, “The concerns raised in recent months have been serious and deeply felt.”
The committee said that Bard “is committed to strengthening its policies on donor vetting, fundraising, and conflicts of interest.”
“Outside counsel is reviewing existing policies and will present findings and specific recommendations, including on donor vetting procedures, to the Board and the development office,” the committee said. “Funds associated with Jeffrey Epstein will be directed to organizations that support survivors of sexual harm.”
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