CONDUCT WITHIN THE COMMUNITY

A fundamental goal of the College is to foster an environment in which its members may live and work productively together, making use of the rich resources of the University, in individual and collective pursuit of academic excellence, extracurricular accomplishment, and personal challenge. In the words of the Resolution on Rights and Responsibilities adopted by the Faculty of Arts and Sciences on April 14, 1970, "By accepting membership in the University, an individual joins a community ideally characterized by free expression, free inquiry, intellectual honesty, respect for the dignity of others, and openness to constructive change."

For this goal to be achieved, the community must be a tolerant and supportive one, characterized by civility and consideration for others. Therefore the standards and expectations of this community are high, as much so in the quality of interpersonal relationships as they are in academic performance.

The rules and regulations affecting undergraduates have been established by the Faculty of Arts and Sciences. Students are expected to be familiar with those regulations covered in this handbook that apply to them. The rules of Harvard College provide a framework within which all students are free to pursue their work, under the safest and most equitable conditions the College can create. These rules, then, serve as the guidelines forming the protection of each individual's well being. Whenever violations of the rules occur, the College will treat them as matters of serious concern because they disrupt the individual lives of students, and the shared life of this community.

It is the expectation of the College that all students, whether or not they are on campus or are currently enrolled as degree candidates, will behave in a mature and responsible manner. This expectation for mature and responsible conduct also encompasses accountability for one's own well-being, including responsible decision making regarding physical and mental health. Further the College expects every student to be familiar with the regulations governing membership in the Harvard community, set forth in the pages that follow. Because students are expected to show good judgment and use common sense at all times, not all kinds of misconduct or behavioral standards are codified here. The College takes all these diverse principles very seriously; together they create a foundation for the responsible, respectful society that Harvard seeks to foster among its students, faculty, and staff.

Careful note should be taken that the University is not, and cannot be considered as, a protector or sanctuary from the existing laws of the city, state, or federal government.

Discrimination

Any form of discrimination based on race, color, sex, sexual orientation, gender identity, religion, age, national or ethnic origin, political beliefs, veteran status, or disability unrelated to course requirements is contrary to the principles and policies of Harvard University. The College has developed procedures for responding to incidents of discrimination that undergraduates may experience. These procedures are described below.

Complaints of Discrimination

An undergraduate who feels that he or she has been subjected to discrimination as described above should first seek a resolution of the problem through the Allston Burr Resident Dean or Resident Dean of Freshmen. These officers may consult with others in the College and the Faculty of Arts and Sciences, including, for example the Office of the Dean of Harvard College, or the Director of the Accessible Education Office, depending on the nature of the concern.

If the matter cannot be resolved satisfactorily by informal methods, more formal routes are available. The student may lodge a complaint with the Office of the Dean of Harvard College or with the designated Assistant Dean. Depending on the circumstances, and in consultation with the student making the complaint, that officer may request that the Dean of Harvard College appoint a special committee to resolve the problem or may refer it to the appropriate agency or office of Harvard College or of the Faculty of Arts and Sciences for resolution. Such agencies include, among others, the Administrative Board, the Faculty Council, and the Dean of the Faculty.

If the matter cannot be resolved satisfactorily through ordinary channels, either the student or the Dean of Harvard College may refer it to the Dean of the Faculty for final resolution. The Dean of the Faculty holds authority over all departments, committees, commissions, and councils within the Faculty of Arts and Sciences. The disposition of the Dean of the Faculty will be final.

A student who believes that he or she has been subjected to illegal discrimination ordinarily should exhaust institutional routes for complaints before seeking legal redress under public law.

So that inquiries and complaints may be addressed to the appropriate office, the College maintains a list of individuals to whom questions and complaints may be addressed. The list is available in House Offices, the Freshman Dean's Office, and the Office of the Dean of Harvard College. Ordinarily, students will want to direct their initial inquiries to their Allston Burr Resident Dean or Resident Dean of Freshmen.

Harassment

Recognizing that harassment on the basis of sex, race, sexual orientation, or gender identity constitutes unacceptable behavior, the Faculty of Arts and Sciences and, in particular, the Faculty Council have issued a number of documents setting forth the position of the College on these matters, as well as the procedures that are available to students who believe that they have been the object of such harassment.

It is important to note here that speech not specifically directed against individuals in a harassing way may be protected by traditional safeguards of free speech, even though the comments may cause considerable discomfort or concern to others in the community. The College still takes such incidents seriously and will try, when appropriate, to mediate and help students involved to resolve or deal with the situations in an informal way. On the other hand, any use of electronic mail or the telephone to deliver obscene or harassing messages will be treated as a serious matter and ordinarily will result in disciplinary action by the College (see also "Electronic Communication" on page 404 and "Obscene or Harassing Telephone Calls" on page 431).

Advising Resources and Procedures for Resolution

The College encourages undergraduates who believe that they have been the object of harassment due to race, ethnic group, sexual orientation, or gender identity to seek the assistance of the Resident Dean of Freshmen, Allston Burr Resident Dean, or House Master. In addition, in cases of sexual harassment students may also turn to the designated Assistant Dean of the College, who also serves as Hearing Officer for formal complaints of sexual harassment, or to the House or Yard Designated Tutors/Proctors for Sexual Assault/Sexual Harassment for advice and support. In cases of racial or ethnic harassment, the House or Yard Designated Tutors/Proctors for Race Relations are available for counsel, as is the designated Racial Harassment Hearing Officer in the Office of the Dean of Harvard College. In cases of harassment based on sexual orientation, designated House or Yard Tutors/Proctors and the designated Assistant Dean are available for advice and guidance.

Students may find mediation through University counseling services helpful in some cases of harassing behavior among peers. Formal complaints of harassment against students are referred to the Administrative Board of Harvard College, the Administrative Board of the Graduate School of Arts and Sciences, or the Student-Faculty Judicial Board, as appropriate.

The College's investigation and adjudication process is designed to be careful and fair. No person will be reprimanded or discriminated against in any way for initiating an inquiry or complaint in good faith. The rights of any person against whom a complaint is lodged will be protected during the investigation.

Informal Resolution: Advice, Counseling, Mediation

A student may consult any adviser or administrator as described above in order to obtain help in clarifying and resolving a situation of perceived harassment. Throughout the advising process, information will ordinarily be held in confidence by the adviser unless the aggrieved individual agrees that a third party may be informed.

Some reported incidents of harassment involve stereotyping or insensitive or offensive behavior which is the result of miscommunication or lack of communication rather than malicious intent. Calling the matter to the attention of the person or group engaged in such behavior is often enough to bring a stop to it. A person seeking resolution with the help of an adviser may ask the adviser to intervene in order to make the offender aware of his or her behavior. This intervention may result in an apology to the offended person, changes in behavior, and closure of the incident, thus providing the desired resolution. In cases of sexual harassment where an instructional relationship exists between the parties, changing that relationship may also be helpful. On the other hand, if the offensive behavior continues, intervention may be only the beginning of a longer, more complex process of mediation, negotiation, and remedy.

Throughout the process of informal resolution there will be regular communication between the adviser and the person making the inquiry. In addition, the offended person will receive support for handling the emotional or other effects of the incident or inquiry. The College strongly encourages those with questions or concerns to bring them to the attention of an appropriate adviser.

Formal Complaint

Either initially or after having sought an informal resolution, a student who believes that he or she has been the object of harassment may bring a formal complaint. As noted above, formal complaints of harassment against students are referred to the Administrative Board of Harvard College, the Administrative Board of the Graduate School of Arts and Sciences, or the Student-Faculty Judicial Board, as appropriate. Formal complaints of harassment against faculty or staff are handled according to the process described below. In such a situation, the designated Racial Harassment or Sexual Harassment Hearing Officer can provide advice and assistance to the complainant, both in presenting the case and, where appropriate, by referring him or her to other helpful sources of advice and counsel.

Individuals who wish to file a complaint should contact the Racial Harassment Hearing Officer in the Office of the Dean of Harvard College, the Sexual Harassment Hearing Officer (the Assistant Dean of the College), or their Resident Dean of Freshmen or Allston Burr Resident Dean. Merely discussing a complaint with one of the officers does not commit one to making a formal charge. However, the matter may be pursued by one of the officers of the Faculty if the behavior is determined to be a community matter.

Formal procedures are initiated by filing a written and signed complaint that may be shown to the accused person. The Hearing Officer will consult with the complainant and with the person named in the complaint in order to ascertain the facts and views of both parties. The Hearing Officer or the Dean of the Faculty of Arts and Sciences may at any point dismiss a complaint if it is found to be clearly without merit. If such an action is taken, the complainant and the accused will be informed of the factors leading to this decision. If, however, the evidence appears to support the complaint, the Hearing Officer will conduct an inquiry and prepare a report, in confidence, for submission to the Dean, summarizing the relevant evidence. A draft of the report will be shown to the complainant, to the respondent, and to the Dean, in order to give them the opportunity to respond before the final report is made. The final report summarizing the findings will be sent to the complainant, the respondent, and the Dean. Both the complainant and the respondent will have the opportunity to comment on the report in a written statement to the Dean.

Upon consideration of the final report, the Dean of the Faculty may take whatever action is warranted or ask the investigative officer to discuss the matter further and to submit a supplementary report. Final action by the Dean completes the procedure in the Faculty of Arts and Sciences.

Faculty Resolutions

On April 14, 1970, the Faculty of Arts and Sciences approved the Resolution on Rights and Responsibilities, printed below in its entirety (members of the community should also be aware of the Faculty's Free Speech Guidelines, available at www.fas.harvard.edu/~secfas/).

Commission of Inquiry

Any student, faculty member, or administrative officer who has a complaint or an inquiry may address it to the Commission of Inquiry, c/o Secretary of the Faculty of Arts and Sciences, University Hall, Ground Floor (617-495-4780). The Commission will redirect the complaint or query to the appropriate agency of the Faculty of Arts and Sciences. When such an agency does not exist, the Commission itself will attempt to aid in resolving the matter. Occasionally, the Commission is instrumental in establishing a new agency for handling recurrent issues. Although the Commission has no power to make rulings, it can play an advocacy role in pressing for the resolution of issues.

Ordinarily, the Commission reports to the community on the matters which come before it, and in doing so, attempts to keep the community informed about factual background material and the resolution of matters of community concern.