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niyad

(112,426 posts)
Thu Jan 15, 2015, 01:31 PM Jan 2015

Win in Harvard Case Will Ripple Across Campuses

Win in Harvard Case Will Ripple Across Campuses


Women: 1; Harvard: 0. An unprecedented Title IX case against Harvard Law School was resolved in December. The federal complaint filed in 2010 against the nation's most powerful university sparked an extraordinary national movement against campus sexual assault, and its impact will be huge.


BOSTON (WOMENSENEWS)-- A first-of-its kind Title IX complaint against Harvard Law School was finally decided at the end of December after more than four years of investigation. You may have missed it in the year-end rush but let's take a moment to savor this important and hard-fought victory. The Office for Civil Rights found that Harvard's law school had systematically violated women's rights under Title IX, the federal civil rights law that guarantees women equality in education, in myriad ways.

Among other problems, the school imposed a burden of proof on the victim more onerous than the equitable "preponderance of the evidence" rule, which is mandatory under federal law. It also accorded accused students more rights than victims even though federal law, including Title IX, grants far superior legal status to students who endure civil rights harm compared to those who commit civil rights offenses.

The school was also cited for violating Title IX's promptness mandate and for having no "timeframes" in place for resolving complaints. The decision notes that Harvard has made many reforms since 2010, but more needs to be done and Harvard will remain under review by the Office for Civil Rights while additional changes are made.

The decision against Harvard Law School is significant for many reasons including that when Harvard gets in trouble, all schools pay attention because if an institution filled with the world's best legal academics can't figure out how to comply with Title IX, there's a good chance lots of schools aren't doing the right thing.
. . . .

http://womensenews.org/story/rape/150109/win-in-harvard-case-will-ripple-across-campuses

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Jefferson23

(30,099 posts)
1. For me the link is coming up: The requested page could not be found.
Thu Jan 15, 2015, 01:39 PM
Jan 2015

From the passages I could read, it appears this will be a force for good..finally.

Jefferson23

(30,099 posts)
3. Working, thank you. A force for good, she is an amazing individual with
Thu Jan 15, 2015, 01:57 PM
Jan 2015

outstanding legal smarts..awesome. This is a huge accomplishment..the MSM has carried
this victory? I ask because this is the first I have read of it..thanks for posting.


Harvard Law School Found in Violation of Title IX, Agrees to Remedy Sexual Harassment, including Sexual Assault of Students
December 30, 2014

Contact:
Press Office, (202) 401-1576, press@ed.gov


The U.S. Department of Education's Office for Civil Rights (OCR) announced today that it has entered into a resolution agreement with Harvard University and its Law School after finding the Law School in violation of Title IX of the Education Amendments of 1972 for its response to sexual harassment, including sexual assault.

"I am very pleased to bring to close one of our longest-running sexual violence investigations, and I congratulate Harvard Law School for now committing to comply with Title IX and immediately implement steps to provide a safe learning environment for its students," said Catherine E. Lhamon, assistant secretary for civil rights. "This agreement is a credit to the strong leadership of Harvard President Drew Faust and Law School Dean Martha Minow, for which I am deeply grateful and from which I know their students will benefit significantly."

Following its investigation, OCR determined that the Law School's current and prior sexual harassment policies and procedures failed to comply with Title IX's requirements for prompt and equitable response to complaints of sexual harassment and sexual assault. The Law School also did not appropriately respond to two student complaints of sexual assault. In one instance, the Law School took over a year to make its final determination and the complainant was not allowed to participate in this extended appeal process, which ultimately resulted in the reversal of the initial decision to dismiss the accused student and dismissal of the complainant's complaint.

During the course of OCR's investigation, the Law School adopted revised procedures that use the "preponderance of the evidence" standard for its sexual harassment investigations and afford appeal rights to both parties, in compliance with Title IX. The Law School also complied with the Title IX requirements relating to the designation of a Title IX Coordinator and publication of its non-discrimination notice.

The Law School has committed to take further specific steps to ensure that it responds to student complaints of sexual harassment and sexual violence promptly and equitably. As part of its monitoring of the agreement, OCR will review and approve all of the policies and procedures to be used by the Law School, including the Law School's use of the new University-wide sexual harassment policies and procedures adopted for this academic year. The changes relating to the University-wide policies and procedures will be published in supplemental guidance and will affect all of the University's schools as they, like the Law School, decide how to implement the new University-wide policies and procedures.

Under the terms of the agreement, the Law School must:

Revise all applicable sexual harassment policies and procedures to comply with Title IX and provide clear notice of which policy and procedure applies to Law School complaints;
Through its Title IX Coordinator, coordinate provision of appropriate interim steps to provide for the safety of the complainant and campus community during an investigation;
Share information between the Harvard University Police Department and the University and notify complainants of their right to file a Title IX complaint with the Law School as well as to pursue the criminal process in cases of sexual assault or other sexual violence;
Notify students and employees about the Law School's Title IX coordinators and their contact information;
Train staff and provide information sessions for students on the policies and procedures applicable to Law School complaints;
Conduct annual climate assessments to assess whether the steps and measures being taken by the Law School are effective and to inform future proactive steps to be taken by Law School;
Review any complaints of sexual harassment filed during the 2012-13 and 2013-14 school years to carefully scrutinize whether the Law School investigated the complaints consistent with Title IX and provide any additional remedies necessary for the complainants; and
Track and submit for OCR's review information on all sexual harassment/violence complaints and reports of sexual harassment/violence filed during the course of the monitoring and responsive action taken by the Law School.

A copy of the resolution letter can be found here, and the agreement is posted here.

http://www.ed.gov/news/press-releases/harvard-law-school-found-violation-title-ix-agrees-remedy-sexual-harassment-incl

Jefferson23

(30,099 posts)
5. I had to ask..I mean this was released by our OCR, it should have been a huge story.
Thu Jan 15, 2015, 02:04 PM
Jan 2015

But I know what you mean...anything that disrupts the status quo is not embraced, for the
most part, by the msm.

You might want to cross post it in other forums/groups here on DU?

Thanks again for the OP...tremendous achievement.

chervilant

(8,267 posts)
6. This:
Thu Jan 15, 2015, 02:06 PM
Jan 2015

Last edited Fri Jan 16, 2015, 12:06 AM - Edit history (1)

As an impact litigator, I filed a complaint against Harvard Law School in order to provoke change not only at Harvard but also at all colleges and universities across the country. That's why, in 2010, I sent the complaint (along with my Princeton case) to the Office for Civil Rights headquarters in Washington, D.C., and asked them to issue some form of "global guidance." I explained that problems at both schools were systemic in higher education and urged them to release new guidance that would clarify the law and apply to all schools nationwide. I obtained letters of support for my request from two influential organizations: The National Center for Higher Education Risk Management and Security on Campus.

The Office for Civil Rights agreed with my request for global guidance and in April 2011 it issued a "Dear Colleague Letter" to school administrators providing new clarity about Title IX compliance standards. The letter made clear that my complaints about Harvard and Princeton were correct, and that both schools were substantially noncompliant.

Thereafter, many other schools were investigated and forced to change their policies. The fact that Harvard and Princeton were on the hot seat helped to liberate victims to speak out, especially victims from Ivy League and elite schools where silence was particularly problematic because victims disproportionately feared career-related and other consequences of complaining.

Without widespread publicity and a deep public appreciation for how and why we've seen so much public attention to the need for reforms since 2010, the impact of the decision against Harvard Law School and the value of the tactics I used to provoke national change will have only limited value on the effectiveness of future efforts to hold schools accountable.


(emphasis mine)

I applaud Ms. Murphy on the progress she has achieved, but I can still see the rape apologists and rape deniers on campuses across the nation digging in their heels and working much harder to make her--and all this publicity--go away than to assure they are in compliance.
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