Harvard University: Due Process Debate
In an extremely important victory for fundamental fairness on our nation's private as well as public campuses, the United States Department of Education's Office for Civil Rights (OCR) dismissed a complaint against Harvard University. Wendy Murphy, a Boston lawyer, had alleged that revisions to Harvard's disciplinary procedures—changes devised to eliminate baseless charges of misconduct between students—violated federal anti-discrimination laws. The OCR pointedly observed that Harvard's new procedures are not unlawful, since the law "does not prohibit the use of due process. FIRE actively advised various critics of the old policy on what kinds of changes were needed, and it vigorously supports Harvard's policy change.
- "Victory for Fundamental Fairness at Harvard," April 8, 2003: In an important victory for fundamental fairness on America’s college and university campuses, both private and public, the Office for Civil Rights of the U.S. Department of Education has dismissed a complaint alleging that revisions to Harvard University’s disciplinary procedures—changes devised to eliminate baseless charges of misconduct—violated federal anti-discrimination laws.
- "Letter from the Office for Civil Rights to Harvard University President Larry Summers, April 1, 2003," April 1, 2003
Case Materials
- "US review finds no bias in Harvard's revised policy on sex assault,"
by Jenna Russell, The Boston Globe, April 2, 2003 - "University Denies Title IX Violation,"
by Anne Kofol, The Harvard Crimson, October 23, 2002 - "Letter to the Editor,"
by Harvey Silverglate, The Harvard Crimson, September 20, 2002 - "Title IX Complaint Questionable,"
, The Harvard Crimson, September 18, 2002 - "Rape Charges: It's Time to End "He said/she said" Justice,"
by Harvey Silverglate and Josh Gewolb, The Chronicle of Higher Education, August 22, 2002
