Harvard Caves Under Pressure
Posted on July 3rd, 2014 in Uncategorized | 6 Comments »
As the Boston Globe and others are reporting, the university announced yesterday that it is creating a new, centralized office to handle sexual assault allegations, establishing conformity across its 13 schools in how such cases are handled. The office will have the ungainly name of Office for Sexual and Gender-Based Dispute Resolution.
“Gender-Based Dispute Resolution”? Does that mean disputes about gender, or resolution using gender based methods?
I’m pretty sure I know the answer, but neither option really speaks to what the office is actually for, and this imprecision of language is not encouraging. Office for Sexual and Gender-Based Dispute Resolution—try to use that in a sentence.
The announcement appears to have been timed to generate minimum coverage, with Harvard releasing the news on July 2nd.
As the Globe puts it,
Trained, expert investigators, hired based on their experience and expertise in investigating civil rights complaints, will run a new Office for Sexual and Gender-Based Dispute Resolution at Harvard.
The office will handle sexual and gender-based misconduct complaints against students “ranging from persistent or pervasive harassment in a lab environment, for instance, to a rape,” [Mia] Karvonides [Harvard’s Title IX lawyer] said.
(By the way, Karvonides gives the new office the rather unfortunate acronym ODR, as in, “I’m taking the matter to ODR.” Oh well.)
The university will also change its judging criteria in sexual harassment and assault cases to the lesser “preponderance of evidence” standard that the Justice Department favors.
My friends on the left are cheering this development, but my attitude is a little more cautious. First, make no mistake: This is the long arm of the government reaching into the handling of sexual assault on college campuses, due in large part to an onslaught of hype and publicity about a phenomenon whose widespread existence has never been definitely established. (The story at Harvard that got so much attention, for example, was written by an anonymous female student and marked by very murky details. But, you know, it’s Harvard, so it gets a lot of attention.)
Second, some who greet this development with optimism may find that it brings unanticipated consequences. Anoffice established to appease the Justice Department is going to make the process of investigating these matters a more formal and, probably, bureaucratic one. That may in some cases produce results that accusers/victims will feel better about than the current system does—but it’s not a panacea.
Second, the lower standard of evidence is a very tricky issue. It is certainly lower than a criminal court would require, and it should give civil liberties advocates pause.
Consider, for example, this quote in a Bloomberg article from Wendy Murphy, an adjunct professor at the New England School of Law (her practice specializes in representing victims of sexual assault, something Bloomberg should say but doesn’t):
The policy “means whenever a victim’s word is slightly more credible than an offender’s denial, Harvard must take some action,” Murphy said in an e-mail. “It means sweeping rape under the rug will be a lot harder now at Harvard — and that’s a good thing.”
Slightly more credible?
This is a very wishy-washy standard, and it doesn’t exactly have the ringing sound of an enduring legal principle like, say, “beyond a reasonable doubt.” Granted that many of these cases are gray areas (though not everyone thinks so), but “slightly more credible” adds another level of murkiness and subjectivity to their adjudication.
I have been fascinated by the amount of attention this issue has attracted in recent months, and as you can tell, somewhat skeptical. Don’t misunderstand me: I’m as opposed to sexual assault as Wendy Murphy, and a single instance of it on a college campus is too much. I just haven’t seen any evidence that demonstrates that it is as big a problem as has been claimed of late; in a long article, Rolling Stone proclaimed an “epidemic” of “campus rape,” but good luck trying to find a statistic anywhere in the article. There’s a lot of public policy being made on anecdotal evidence.
And so now the government is getting involved, offices are being established, “experts” are being hired, lawyers are being quoted…
One can’t blame Harvard for taking this step; the university was, I have no doubt, extremely concerned about federal intervention. And there is probably no perfect solution to the problem of how to resolve allegations of sexual assault. But I’m not convinced that this is an improvement.
6 Responses
7/3/2024 1:47 pm
Richard, that’s a very fair analysis. It will be interesting to see how this plays out. I have not read the details and I have not been involved in official conversations about this so far. Whether or not the idea is to split off these cases from other disciplinary matters, it will be a natural question whether the standard of proof in other cases is too high. Why should it take only a preponderance of evidence to throw someone out on sexual assault charges, but a higher standard if s/he is accused of theft or garden variety assault? The Ad Board has never really articulated its standard of proof, but it has always required a 2/3 vote for any requirement to withdraw. So there are probably students walking the Harvard campus today who did things that would have gotten them kicked out, had 2/3 rather than a simple majority of the Board been persuaded they had done them. That has always seemed to me right; it’s frustrating, but we live with the guilty walking free in this society because we are more fearful of the innocent getting punished. Why should sexual assault be the only kind of campus crime where we use a different philosophy?
7/3/2024 10:27 pm
I have a number of thoughts here, but am just writing to say that the burden of proof is a different matter than the level of the voting majority. In almost every civil case — including assault cases or those like the one in which OJ was found responsible for paying money for the killing of his wife — a preponderance of the evidence standard is used for each juror, but unanimity is required. There is no inconsistency in that.
I do not think centralization is a good thing usually. I will need to learn more about this office.
I am not impressed with the idea that Harvard just faced some kind of overwhelming political pressure. Perhaps they just found a number of the arguments for this kind of move persuasive? I tend to find them persuasive.
7/3/2024 10:55 pm
I suspect it was less the political pressure than the OCR insistence. The “Dear Colleague” letter of last year required universities to use the preponderance of evidence standard. I have lost track of the details but I think OCR backed off that, but probably only after Harvard had decided not to fight it.
7/4/2024 1:32 pm
It may have urged it, but I don’t think there is any hammer to ‘require’ it.
7/12/2023 10:26 am
New thread, here RB.
Harry Lewis posted this interview of Presidents Faust and Summers:
https://www.youtube.com/watch?v=CQlMbdOf8f0#t=151
Summers talks about the need to innovate radically so that you fail half the time and succeed spectacularly half the time.
Look at 8:30 to 15 or so and ask how much Harvard would have shifted its resources from libraries (broadly defined, as Faust rightly defines them here) to MOOCs if Summers were still President. It would have been Allston all over again.
LHS has apparently stepped down from board of the Minerva Project, but he’s still drinking the Kool-Aid it seems. And he seems to have no idea of what a library is.
Faust was as Harry says more nimble, but the whole thing was disappointing in terms of where it didn’t go.
11/27/2014 3:29 am
Has anybody ever looked into the story of how Doctor Faust became Doctor Faust? I’ve gotten the impression there were some amusing ironies in her past, but I’ve never seen anything on the record.