Harvard Law School resolves probe of sex-assault policies, loosens standard of proof
Harvard Law School has agreed to change its sexual assault and harassment policies to comply with Title IX requirements for prompt and equitable responses to complaints, according to the U.S. Department of Education’s Office for Civil Rights.
An investigation by the department determined that Harvard Law School failed to respond appropriately to two sexual assault complaints by students, according to a press release. The Wall Street Journal (sub. req.), the Boston Globe and the National Law Journal (sub. req.) have stories on the agreement.
In one instance, the press release says, the law school took more than a year to make a final determination in which it reversed a decision to expel an accused student. During that time, the complainant wasn’t allowed to participate in the extended appeal.
The investigation also concluded the law school improperly used a “clear and convincing evidence” standard of proof, according to a resolution letter (PDF) to law dean Martha Minnow. The school has since adopted a “preponderance of the evidence” standard and decided to provide appeal rights to both parties.
The press release says new procedures used by the law school will be monitored by the department, including its use of the university’s new sexual-harassment policies.
Twenty-eight law professors blasted the new policies as stacked against the accused in an opinion column published in October.
