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Cambridge, MA-Earlier this month, Harvard students assisted by attorney and New England School of Law Professor Wendy J. Murphy filed a complaint against Harvard University with the U.S. Department of Education's Office for Civil Rights. The complaint seeks review of a new Harvard policy regarding the University's response to sexual assault allegations.

The policy change at issue relates to the University's decision to require "sufficient independent corroboration" before a complaint of sexual assault between "peers" will be accepted for resolution under Harvard's Title IX grievance procedures. University officials have not defined "corroboration", articulated any evidentiary standards or explained how much corroboration would be "sufficient" to merit the initiation of a grievance procedure. The policy change further mandates that students who allege sexual assault be referred to "voluntary mediation" in certain circumstances.

"When it comes to sexual assault, colleges should be sending the strongest possible message of intolerance so that students, especially female students, can learn in the healthiest possible environment," said Murphy. "By requiring corroboration from the victim before they will agree to take any steps against a rapist on campus, Harvard has instituted a set of policies that will discourage reporting of sexual violence, undermine the deterrent value of disciplinary sanctions and render female students in particular less able to enjoy an educational environment free from intimidation."

The complaint alleges that the corroboration rule violates students' civil rights and threatens a disproportionate impact on women even though it technically applies to all "peer disputes". This is because the vast majority of sexual assaults are perpetrated against women and occur in circumstances where there will be no corroboration because the only two witnesses are the victim and the assailant. Further, most "peer" sexual assaults occur between people who are known to each other and involve a dispute only as to the issue of consent. In such circumstances, the complaint asserts, requiring corroboration of the absence of consent ensures that the vast majority of sexual assault victims will be denied access to "prompt and equitable" grievance procedures as required by law.

In addition, by referring sexual assault matters to "voluntary mediation", the new policy also violates an express requirement of OCR's 2001 guidelines which prohibit sexual assault matters from being resolved by means of referral to mediation, even with the consent of the victim.

The complaint seeks expedited relief from OCR prior to the scheduled implementation of the new policy at the start of the 2002-2003 academic year.

Harvard defended their policy. "What Title IX is talking about is taking prompt action," Assistant Dean Karen E. Avery told the campus newspaper The Harvard Crimson. "It's not that we're not doing that. Everyone will be taken seriously and action will be taken promptly. We're not going to ignore victims of sexual assault at all."

For More Information...

• Facts about New Ad Board Procedure for Peer Disputes
• Information on Harvard College Procedures for Handling Student Peer Disputes
• Complaint Filed on Sexual Assault Change (Harvard Crimson; 06/05/02)