Policies on Sexual and Gender Based Harassment

Sexual Harassment – Title IX
Harvard T.H. Chan School of Public Health (HCSPH) has adopted the University-wide Interim Title IX Sexual Harassment Policy and Interim Other Sexual Misconduct Policy. In addition, the University’s Sexual and Gender-Based Harassment policy addresses sexual harassment and other sexual misconduct alleged to have occurred between September 1, 2014, and August 14, 2020. Policies and their associated grievance procedures can be viewed for additional information and guidance. In all such cases, the Harvard University Office for Dispute Resolution (“ODR”) and the Office for Gender Equity are responsible for implementing the University’s grievance procedures, which will determine whether a student committed a policy violation. Whenever a formal complaint of sexual harassment or other sexual misconduct is investigated and the University’s grievance procedures result in a finding that a policy violation has occurred, the Student Code of Conduct Council must accept that finding as final and nonreviewable. The only opportunity to appeal the determination of a policy violation is provided within the grievance procedures implemented by the ODR and the Harvard University Office for Gender Equity. Appeals within Harvard Chan pertain only to the decision of the Code Conduct Council in determining discipline.

As expressed by the Faculty Council of Harvard College, “the determination of what constitutes sexual harassment will vary with particular circumstance, but it may be described generally as unwanted sexual behavior, such as physical or verbal comments or suggestions, which adversely affects the working or learning environment for an individual.” The administration of the Harvard T.H. Chan School of Public Health wishes to do everything it can to maintain an environment free from harassment. Sexual harassment, especially by persons with authority, be it faculty members or teaching assistants, will not be tolerated.

Anyone believing themselves to be a victim of sexual or gender-based harassment should seek assistance. This may take the form of just talking over the circumstances, informal counseling, or filing a formal complaint. Persons at the School who are ready to help students include:

  • Maritza Hernandez, Associate Dean for Student Services and Title IX Resource Coordinator at 617-432-4703;
  • Luke Sutherland, Associate Director for Student Engagement and Experience, and Title IX Resource Coordinator, at 617-432-5290;
  • Yana Geyfman, Assistant Director of Student Support and Title IX Resource Coordinator;
  • Shamika Harris, Assistant Director of Faculty Development and Title IX Resource Coordinator, at 617-432-1327;
  • Jennifer Ivers, Associate Dean for Faculty Affairs and Title IX Resource Coordinator, at 617-432-1381;
  • Linda Picard, Chief Human Resources Officer and Title IX Resource Coordinator, at 617-432-2719.

Often, an informal process can help remedy the situation, so do not hesitate to seek help.

To file a formal complaint, contact the University Title IX Coordinator:
Nicole Merhill
Smith Campus Center, Suite 901
1350 Massachusetts Avenue
Cambridge, MA 02138
Tel: 617-496-0200
Email: Titleix@harvard.edu

If you are considering filing a formal complaint or seeking informal resolution, you are encouraged to consult your School or unit Title IX Resource Coordinator, the University’s Title IX Coordinator, or the Office for Dispute Resolution (ODR).

Title IX Resource Coordinators have specialized experience in responding to disclosures of sexual harassment and other sexual misconduct. They serve in a neutral role, support all members of the Harvard community, and are expert resources around the University’s policies, procedures, and resources in the realm of sexual harassment and other sexual misconduct. Resource Coordinators serve as the primary point of contact for individuals seeking supportive measures, individualized supports that enable Harvard community members impacted by sexual harassment or other sexual misconduct to access their work or studies.

Contacting your local Title IX Resource Coordinator is not the same as filing a formal complaint with the University Title IX Coordinator. Rather, the Resource Coordinators are a resource to help you make an informed decision about which pathways are right for you.

The Office for Dispute Resolution (ODR) impartially investigates formal complaints of sexual harassment and other sexual misconduct against students, staff, and, with most Schools, faculty. ODR investigations are handled by professional investigators working with the involved Schools and units. Any member of the Harvard community may visit ODR to request information or advice, including how to file a formal complaint with the University Title IX Coordinator and assistance in seeking informal resolution. You are encouraged to bring your concerns to the relevant School or unit Title IX Resource Coordinator, the University Title IX Coordinator, or staff in ODR, but may, if you choose, contact another School or University officer, who will refer the matter as appropriate.

Office for Dispute Resolution
Smith Campus Center, Suite 935
1350 Massachusetts Avenue
Cambridge, MA 02138
Tel: 617-495-3786
Email: odr@harvard.edu
Web: www.odr.harvard.edu

Procedures (including reporting procedures) of alleged violations of the University Policy on Sexual and Gender-Based Harassment are set forth in the University Procedures discussed above and found here. The procedures below apply to all other allegations of misconduct. For further information, please visit the Office for Gender Equity website.

When the Student Code of Conduct Council learns that a formal complaint has been filed with ODR, the Associate Dean for Student Services (or designee), on behalf of the Council, will meet with the respondent to explain, among other things, the disciplinary process that may take place following the issuance of the ODR’s final report, the range of disciplinary sanctions, and the appeals process following the imposition of any discipline.

Whenever a formal complaint of sexual or gender-based harassment against a School student results in the issuance of a final report from the ODR, the Student Code of Conduct Council must accept as final and nonreviewable the report’s findings of fact and its conclusions as to whether a violation of the University Policy has occurred. The role of the Student Code of Conduct Council is solely to determine the appropriate disciplinary response.

The Student Code of Conduct Council may interview the parties and may undertake any other action it deems necessary to arrive at its conclusions, including consulting with senior faculty or administrators at the University when it feels additional expertise or advice would be useful. The council’s disciplinary proceedings against the student based on conduct addressed by the ODR’s final report will proceed with the understanding that the final report carries the same validity as a determination reached by the council itself. All members of the Student Code of Council will receive appropriate training in the handling of allegations of sexual or gender-based harassment.  To the extent any existing Harvard Chan School policies and procedures interfere with compliance with the University Policy or Procedures, application of such Harvard Chan School policies and procedures shall be suspended.

The council may take a number of disciplinary actions as set forth in the Sanctions for Misconduct section. When no violation of the University Policy has been found, the Student Code of Conduct Council will review the factual findings contained in the final report. Should the council conclude that the alleged conduct, while not a violation of University Policy, might violate other Harvard Chan School policies or expectations for conduct, then the council will take up the case as set forth below. If the council votes to impose discipline, it will notify the respondent and, as appropriate, the complainant, of the discipline imposed.