Friday, January 2, 2015

Harvard Punished for Protecting Civil Rights

The US Department of Education Office for Civil Rights (OCR) recently announced that, "... it has entered into a resolution agreement with Harvard University and its Law School after finding the Law School in violation of Title IX of the Education Amendments of 1972 for its response to sexual harassment, including sexual assault."

Harvard Law School Found in Violation of Title IX, Agrees to Remedy Sexual Harassment, including Sexual Assault of Students

Following its investigation, OCR determined that the Law School's current and prior sexual harassment policies and procedures failed to comply with Title IX's requirements for prompt and equitable response to complaints of sexual harassment and sexual assault. The Law School also did not appropriately respond to two student complaints of sexual assault. In one instance, the Law School took over a year to make its final determination and the complainant was not allowed to participate in this extended appeal process, which ultimately resulted in the reversal of the initial decision to dismiss the accused student and dismissal of the complainant's complaint.

During the course of OCR's investigation, the Law School adopted revised procedures that use the "preponderance of the evidence" standard for its sexual harassment investigations and afford appeal rights to both parties, in compliance with Title IX. The Law School also complied with the Title IX requirements relating to the designation of a Title IX Coordinator and publication of its non-discrimination notice.

In short, Harvard violated Title IX by respecting the legal principle of "beyond a reasonable doubt" for rape accusations. Think about that for a minute: The OCR is claiming that Title IX requires an administrator or "council" only need to be 50% plus a bit certain to expel a student. No more of that pesky beyond a reasonable doubt. I shudder to think what kind of lawyers an environment like that will produce.

Adding irony to stupidity, these policies only seem to be gender neutral but in fact are pure misandry in effect and probably in intent. That make them a violation of Title IX. I sincerely doubt that OCR will be investigating that anytime soon.

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