Twenty-eight of Harvard’s law professors issued a statement via The Boston Globe asking the university to reconsider its policy on sexual harassment and violence.
Included among the names are Alan Dershowitz, Charles Ogletree, and Philip Heymann.
Some of their concerns are as follows:
Harvard has adopted procedures for deciding cases of alleged sexual misconduct which lack the most basic elements of fairness and due process, are overwhelmingly stacked against the accused, and are in no way required by Title IX law or regulation. Here our concerns include but are not limited to the following:
■ The absence of any adequate opportunity to discover the facts charged and to confront witnesses and present a defense at an adversary hearing.
■ The lodging of the functions of investigation, prosecution, fact-finding, and appellate review in one office, and the fact that that office is itself a Title IX compliance office rather than an entity that could be considered structurally impartial.
■ The failure to ensure adequate representation for the accused, particularly for students unable to afford representation.
Harvard has inappropriately expanded the scope of forbidden conduct, including by:
■ Adopting a definition of sexual harassment that goes significantly beyond Title IX and Title VII law.
■ Adopting rules governing sexual conduct between students both of whom are impaired or incapacitated, rules which are starkly one-sided as between complainants and respondents, and entirely inadequate to address the complex issues in these unfortunate situations involving extreme use and abuse of alcohol and drugs by our students.
The profs conclude, in part, by noting “The goal must instead be to fully address sexual harassment while at the same time protecting students against unfair and inappropriate discipline, honoring individual relationship autonomy, and maintaining the values of academic freedom.”
h/t to Hans Bader.