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.