Filed Date: 2011
Closed Date: Oct. 1, 2015
Clearinghouse coding complete
In 2010, a student at Harvard Law School filed a complaint with the US Department of Education, Boston Office for Civil Rights (OCR). She alleged that the Law School’s policies and procedures failed to comply with Title IX by failing to provide a prompt and equitable resolution of her complaint that a fellow Harvard Law student sexually assaulted her. The complainant took issue with three school policies: 1) requiring victims to choose between filing criminal charges and filing a Title IX complaint with the Law School; 2) allowing for re-hearings that further delayed the process; and 3) using a clear and convincing evidence standard of proof in grievance procedures. On December 21, 2010, OCR announced that it would investigate the allegations.
In December 2014, after three years of investigating, OCR issued a letter of findings. In it, OCR wrote that it identified a number of compliance concerns with Harvard Law School’s policies and procedures. OCR determined that although the Law School complied with regulations regarding a notice of non-discrimination and provision of notice and contact information for the University’s Title IX Coordinator, it failed to comply with the requirement that the school respond promptly and equitably to complaints of sexual harassment and assault. In addition, OCR found that the Law School did not adequately train individuals involved in implementing its sexual harassment policies and procedures. However, with respect to the complainant’s specific allegations, OCR determined that: 1) Harvard Law did not have a policy or practice of requiring complainants to choose between filing institutional and criminal claims; 2) in no instances did re-hearing cause undue delay; and 3) the Law School used a clear and convincing standard in violation of Title IX.
To remedy the violations, Harvard Law entered into a resolution agreement with OCR. As a part of the agreement, the Law School agreed to:
The parties agreed that OCR would supervise compliance with the agreement through October 1, 2015. Because there has been no further reported activity, the case is presumed closed.
Summary Authors
Hope Brinn (1/8/2019)
Berner, Joel J. (Massachusetts)
Last updated Aug. 30, 2023, 2:27 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: Massachusetts
Case Type(s):
Special Collection(s):
Title IX, Sexual Violence Investigations/Resolutions
Key Dates
Filing Date: 2011
Closing Date: Oct. 1, 2015
Case Ongoing: No
Plaintiffs
Plaintiff Description:
The complainant was a student at Harvard Law School who alleged she was sexually assaulted by a fellow law student.
Plaintiff Type(s):
Public Interest Lawyer: No
Filed Pro Se: Unknown
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Harvard Law School (Cambridge, Middlesex), Non-profit or advocacy
Defendant Type(s):
Facility Type(s):
Case Details
Causes of Action:
Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.
Special Case Type(s):
Available Documents:
Injunctive (or Injunctive-like) Relief
Outcome
Prevailing Party: Mixed
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Form of Settlement:
Content of Injunction:
Implement complaint/dispute resolution process
Amount Defendant Pays: 0
Order Duration: 2013 - 2015
Issues
General/Misc.:
Discrimination Basis:
Affected Sex/Gender(s):