Harvard has developed two sets of rules applicable to law students in response to regulations and guidance documents issued by the Federal Department of Education concerning Title IX, the federal law that guarantees gender equity in education.
The first is the policy and procedures adopted by Harvard University for all members of the Harvard community, known as the HU Policy and HU Procedures, to manage sexual harassment allegations against students. The HU Procedures designate a central University office called the Office for Sexual and Gender-Based Dispute Resolution (ODR) to handle allegations of sexual harassment. Under the management of University’s Title IX Officer, Mia Karvonides, ODR’s role is to investigate formal complaints of sexual harassment made against students, including those at the law school. ODR sends its findings of fact to the HLS Ad Board, which will use that report, along with additional submissions from the complainant and respondent, to decide what discipline to administer.
Harvard University has mandated that all schools promulgate policies in accordance with the new university-wide standards prior to the start of the 2014-15 academic year. In response, Dean Minow appointed a committee of faculty and staff that met in July and August to draft the Interim HLS Policy and Procedures—the second set of rules applicable to law students.
The Interim HLS Policy declares that the new HU Policy provides the controlling definition of sexual harassment for all members of the Harvard community, including HLS faculty, students, and staff. It also specifies the operations of Ad Board disciplinary proceedings—previously, the HLS Ad Board handled both allegations and disciplinary actions. Under the new system, the Ad Board will not be responsible for investigations but will retain authority to determine what discipline to administer if the ODR determines there was sexual assault in the investigation of a formal complaint.
“The University has taken the lead in determining the appropriate policy and procedures for addressing the serious problem of sexual harassment, as required by federal law,” said Professor John Goldberg, who chaired the faculty committee that met over the summer to draft the Interim HLS Policy and Procedures. “The goal, obviously, is to provide a safe learning environment by reducing the incidence of harassment and by eliminating what have been understood to be roadblocks that unreasonably deter victims from seeking assistance and effectively pursuing complaints. Of course there is also a need to ensure fairness to those alleged to have committed harassment. I believe that the University and the Law School are committed to monitoring the new policies and procedures as they are implemented to help ensure that they operate effectively and fairly. However, as these are obviously new rules, it remains to be seen how well they will achieve their aims.”
While the HU Policy and Procedures have been approved by the Harvard Corporation and are therefore final, the Interim HLS Policy and Procedures were promulgated over the summer and have not yet been officially approved by the HLS faculty. Members of the HLS faculty will have ability to vote to change certain aspects of the Interim HLS Policy, but the policy is in effect as-is until that vote is taken. According to Professor Goldberg, the Interim HLS Policy and Procedures “will presumably be taken up by the faculty this year, perhaps as early as this fall.” It is recommended that students who wish to have input should contact the HLS Title IX Coordinator or a Deputy Coordinator.
One aspect of the Harvard’s sexual harassment policy remains unclear: mandated reporting requirements. The HU Policy requires University personnel “to share certain information with those at the University responsible for stopping or preventing sexual or gender-based harassment. For example, University officers, other than those who are prohibited from reporting because of a legal confidentiality obligation or prohibition against reporting, must promptly notify the School or unit Title IX Coordinator about possible sexual or gender-based harassment, regardless of whether a complaint is filed.” Professor Goldberg commented, “Precisely which personnel bear this responsibility is not clear. We expect to receive further guidance from the University as it begins to implement the HU Policy.”
The Interim HLS Policy can be viewed at http://hls.harvard.edu/content/uploads/2014/09/hls-titleix-interimpolicy1.pdf. For questions, comments or concerns about the HU Policy and HU Procedures, contact the University’s Title IX Officer at mia_karvonides@harvard.edu. Questions about the Interim HLS Policy and Procedures should be directed to the HLS Title IX Coordinator, Marie Bowen at mbowen@law.harvard.edu.