2021-22 Policy Review: Discrimination and Bullying Policy Steering Committee and Working Groups
September 1, 2023 Update to the University Community
In March 2023, the University put forward its new Non-Discrimination and Anti-Bullying (NDAB) Policies. These new policies are in effect as of September 1, 2023. You can find more information on these policies and support resources on the new community conduct website.
April 7, 2022 Message from Provost Alan M. Garber to the University Community
Dear members of the Harvard Community,
Last year, I announced the formation of the Discrimination and Bullying Policy Working Groups and Steering Committee. The Working Groups, which included faculty, undergraduate and graduate student, postdoc, and staff representation from across the University, met throughout the spring semester to conduct research, gather input from the community, consider existing School-based policies and processes, deliberate, and make recommendations related to the University’s Interim Title IX Sexual Harassment and Other Sexual Misconduct policies and procedures, and to recommend new University-wide policies addressing discrimination and bullying. The Working Groups submitted their reports to the Steering Committee at the beginning of the summer, and the Steering Committee worked over the summer to review the recommendations and write their own report. The deans received all four reports in the fall. Since that time, leaders and staff across the University have worked with the deans to produce proposed policies and procedures addressing discrimination and bullying, as well as to recommend changes to the existing Interim Title IX and Interim Other Sexual Misconduct policies and procedures. These documents are all available on the policy review website.
The reports and draft policies are the product of substantial time and effort on the part of the Working Groups, Steering Committee, and School and University leadership. I am deeply grateful to everyone who contributed to this effort. They have approached these challenging topics with care, thoughtfulness, and dedication. Before turning to next steps, I would like to highlight two central messages of the Working Group and Steering Committee reports:
First, our policies and procedures must clearly and consistently demonstrate that our community will not tolerate misconduct and, when it does occur, enable us to hold members of our community accountable. These systems are most effective if they are accessible, thorough, and fair. Our community members need to be able to trust that we will all be held to the same standards, regardless of real or perceived power or status within the University.
Second, our efforts need to extend beyond systems that establish minimum standards of conduct, and we must discipline those who fail to meet those standards. We aspire to be a community that upholds the values of free expression, free inquiry, intellectual honesty, respect for the dignity of others, and openness to constructive change. While the next phase of this undertaking will focus on the policies and procedures themselves, policies and procedures alone cannot cultivate the kind of culture and community that we want to see. They set expectations that reflect our values, but as these reports emphasize, we need to go beyond these minimum standards to foster a community in which every member can thrive. We are committed to aligning our policies and procedures with education, training, and programming that facilitates and empowers community members with the support and tools needed to ensure that our community is built upon a foundation of respect for others.
There is much at stake and, as is evidenced in these reports, great diversity of thought about how we should proceed. Policies that govern our interactions with one another, accompanied by procedures that could end in serious disciplinary sanctions, invoke important questions about academic freedom and fair process. While formal procedures can appear complex and bureaucratic, the weight of their consequences demands a robust and fair process. Our procedures are not intended to, nor should they attempt to, replicate the legal system—but we also cannot ignore that the outcomes of our processes can be challenged in court and thus must consider their legal implications.
As many in our community are aware, these policies must align with applicable laws and regulations. In the case of Title IX, federal regulations place limits on how our policy and procedures are written and implemented. In 2020, the University put in place Interim Title IX and Interim Other Sexual Misconduct policies and procedures following final regulations issued by the U.S. Department of Education. We are aware that further proposed revisions to federal Title IX regulations are expected in the coming weeks. While there is likely to be a lengthy comment and revision period, as was the case prior to the 2020 regulation changes, we will need to review our University policies to ensure their compliance if and when new federal regulations are implemented.
The Working Groups, Steering Committee, and School and University leaders have spent the past year grappling with these issues. Community input at this stage is critically important, and we will soon begin a comment phase during which all members of the Harvard campus community will be invited to offer their thoughts and suggestions on the proposed policies and procedures. Because we want to ensure adequate opportunities for everyone to participate, and because the end of the academic year is rapidly approaching, we plan to keep this comment phase open through the end of September. Please be on the lookout for more information from Schools and Units about opportunities to participate in discussions about these drafts. If you would prefer to send your comments to the Provost’s Office, you may do so by writing to communitymisconductpolicies@harvard.edu. There will be a wide range of views about how best to approach such important and challenging issues, but I firmly believe that the process of deliberation and debate will help us craft a set of policies that reflect and reinforce our values and advance our aspirations as a community.
Sincerely,
Alan M. Garber
Provost
January 25, 2021 Message from Provost Alan M. Garber to the University Community
Dear Members of the Harvard Community,
One of the priorities of this University is to provide an environment where each of us can feel safe to participate fully in the life of the University, whether we are studying, teaching, conducting research, or working in other ways.
Today, as part of this ongoing commitment, we are embarking upon a community-driven effort to examine how we address discrimination and harassment at Harvard. I have invited faculty, students, and staff from across the University’s Schools and units to help us to review existing policies and, where appropriate, develop new University-wide policies and procedures concerning three main areas: sexual misconduct, discrimination, and bullying.
The University Discrimination and Bullying Policy Steering Committee and Working Groups, which have been formed in accordance with stipulations made in our negotiations with the Harvard Graduate Students Union, will begin their work over the coming weeks, and there will be opportunities throughout the process for community members to share their input and experiences.
A few notes about the responsibilities of each group:
Sexual harassment
Last August, the University enacted two interim policies and procedures regarding sexual harassment in response to new Title IX regulations from the U.S. Department of Education (DOE). The policies are not yet final because the DOE set a deadline for colleges and universities to enact a compliant policy that was too short to allow for substantial input from members of the community. The Title IX Policy and Other Sexual Misconduct Policy Working Group has been charged with revisiting these two interim policies and procedures to ensure they are as effective and inclusive as possible, while remaining compliant with federal law.
Non-Discrimination
The Non-Discrimination Policy Working Group will make recommendations to address forms of prohibited discrimination other than sexual and gender-based harassment. This group will suggest procedures by which such complaints will be investigated and resolved, and it will also advise on how these policies, as well as mechanisms to address violations, could be made more visible and accessible to members of the Harvard community.
Anti-Bullying
The Anti-Bullying Working Group will recommend University-wide policies and procedures to address complaints about misconduct that do not violate policies against sexual and gender-based harassment or other forms of prohibited discrimination, but which nonetheless may be abusive and/or intimidating to student workers and other members of the Harvard community. In particular, this group will address complaints about power-based harassment and other misconduct by individuals who hold authority over others.
Input from the Harvard community will be an important part of this process, and opportunities to share your thoughts with members of the working groups will be announced over the coming months. The membership and the detailed charges for each group have been posted here, and outreach details will be included on this site once they are available.
I am grateful to the individuals who have agreed to be a part of this important effort and look forward to their recommendations.
Sincerely,
Alan M. Garber AB '77, PhD '82
Provost
Membership
University Discrimination and Harassment Policy Steering Committee
Howard Koh, Chair
Harvey V. Fineberg Professor of the Practice of Public Health Leadership, Harvard T.H. Chan School of Public Health
Allen Aloise
Dean for Administration and Finance, Graduate School of Arts and Sciences
Tim Bowman
Executive Dean for Administration and Finance, Harvard John A. Paulson School of Engineering and Applied Sciences
Sherri Charleston
Chief Diversity and Inclusion Officer
Erica Chenoweth
Berthold Beitz Professor in Human Rights and International Affairs, Harvard Kennedy School; Susan S. and Kenneth L. Wallach Professor, Radcliffe Institute for Advanced Study
John Goldberg
Deputy Dean; Carter Professor of General Jurisprudence, Harvard Law School
Jan Hammond
Senior Associate Dean for Culture and Community; Jesse Philips Professor of Manufacturing, Harvard Business School
Jill Lepore
David Woods Kemper '41 Professor of American History, Faculty of Arts and Sciences
Peggy Newell
Deputy Provost
Katie O’Dair
Dean of Students, Harvard College
Don Pfister
Asa Gray Professor of Systematic Botany; Curator of the Farlow Library and Herbarium, Faculty of Arts and Sciences
Roz Segal
Dean for Graduate Education; Professor of Neurobiology, Harvard Medical School
Meredith Weenick
Vice President for Campus Services
Libby Seaman, Legal Counsel
University Attorney
Lisa Thomas, Staff
Associate Director for Special Projects, Office of the Provost
Title IX Policy and Other Sexual Misconduct Policy Working Group
Don Pfister, Chair
Asa Gray Professor of Systematic Botany; Curator of the Farlow Library and Herbarium, Faculty of Arts and Sciences
Roxanne Armbruster
Assistant Dean and Chief Human Resources Officer, Harvard Law School
Rick Born
Professor of Neurobiology, Harvard Medical School
Suzanne Cooper
Academic Dean for Teaching and Curriculum; Edith M. Stokey Senior Lecturer in Public Policy, Harvard Kennedy School
Jean Cunningham
Associate Dean for Faculty & Academic Affairs, Harvard Business School
Max Ehrenfreund
PhD Candidate, History of Science
Amy Frieder
JD Candidate
Nancy Gertner
Senior Lecturer on Law, Harvard Law School
Sonia Hernandez-Diaz
Professor of Epidemiology, Harvard T.H. Chan School of Public Health
Nancy Hill
Charles Bigelow Professor of Education, Harvard Graduate School of Education
Alta Mauro
Associate Dean of Students for Inclusion and Belonging, Harvard College
Bill McCants
Director, Office for Dispute Resolution
Rahul Mehrotra
Chair of the Department of Urban Planning and Design; John T. Dunlop Professor in Housing and Urbanization, Graduate School of Design
Nicole Merhill
University Title IX Coordinator
Peggy Newell
Deputy Provost
Jane Pickering
Director, Peabody Museum of Archaeology and Ethnology, Faculty of Arts and Sciences
Nina Zipser
Dean for Faculty Affairs and Planning, Faculty of Arts and Sciences
Madison Eagan
Class of 2024
Lisa Thomas, Staff
Associate Director for Special Projects, Office of the Provost
Non-Discrimination Policy Working Group
Sherri Charleston, Chair
Chief Diversity and Inclusion Officer
Khalil Abdur-Rashid
Muslim Chaplain; Lecturer on Muslim Studies
David Deming
Faculty Dean of Kirkland House; Professor of Public Policy, Harvard Kennedy School; Professor of Education and Economics, Harvard Graduate School of Education; Director, Malcolm Wiener Center for Social Policy
Steph Gauchel
Assistant Dean for Student Affairs, Harvard Divinity School
Maritza Hernandez
Associate Dean for Enrollment and Student Services, Harvard Graduate School of Education
Randall Kennedy
Michael R. Klein Professor of Law, Harvard Law School
Jane Kim
Dean for Academic Affairs; K.T. Li Professor of Health Economics, Harvard T.H. Chan School of Public Health
Randy King
Harry C. McKenzie Professor of Cell Biology, Harvard Medical School
Vinny Manoharan
Wagner Family Professor of Chemical Engineering and Professor of Physics, Harvard John A. Paulson School of Engineering and Applied Sciences; Co-Director of the Quantitative Biology Initiative
Gillian Pierce
Associate Dean for Strategic Initiatives, Faculty of Arts and Sciences
Maya Razmi
Class of 2022
Kyle Shachmut
Assistant Director, Digital Accessibility Services, Harvard University Information Technology
Asma Shariff
Director of Human Resources, Radcliffe Institute for Advanced Study
Jason Thames
PhD Candidate, English
Anh Tran
PhD Candidate, Buddhist Studies
Sarah Wald
Senior Policy Advisor and Chief of Staff, Adjunct Lecturer in Public Policy, Harvard Kennedy School; Lecturer on Law, Harvard Law School
Kwok Yu
Senior Associate Dean of Faculty Affairs, Faculty of Arts and Sciences
Daniel Ziblatt
Eaton Professor of the Science of Government, Faculty of Arts and Sciences
Lisa Thomas, Staff
Associate Director for Special Projects, Office of the Provost
Anti-Bullying Policy Working Group
Erica Chenoweth, Chair
Berthold Beitz Professor in Human Rights and International Affairs, Harvard Kennedy School; Susan S. and Kenneth L. Wallach Professor, Radcliffe Institute for Advanced Study
Anna Anctil
Director of Human Resources, Harvard Divinity School
Ione Barrows
PhD Candidate, History
Sean Eddy
Chair of the Department of Molecular and Cellular Biology; Ellmore C. Patterson Professor of Molecular and Cellular Biology and of Applied Mathematics, Faculty of Arts and Sciences
Robin Glover
Associate Dean of Student Services, Harvard T.H. Chan School of Public Health
Elizabeth Kamali
Deputy Dean; Professor of Law, Harvard Law School
Nancy Keating
Professor of Health Care Policy; Professor of Medicine, Harvard Medical School
Charles Lockwood
Allston Burr Resident Dean of Harvard College, Adams House; Lecturer on the Study of Religion, Faculty of Arts and Sciences
Cana McGhee
PhD Candidate, Historical Musicology
Steven Pinker
Johnstone Family Professor of Psychology, Faculty of Arts and Sciences
Fidencio Saldana
Dean for Students; Assistant Professor of Medicine, Harvard Medical School
Judy Singer
Senior Vice Provost for Faculty Development and Diversity; James Bryant Conant Professor of Education, Harvard Graduate School of Education
Kelsey Tyssowski
Postdoctoral Fellow in Organizational and Evolutionary Biology, Faculty of Arts and Sciences
Todd Zickler
Area Chair for Electrical Engineering; William and Ami Kuan Danoff Professor of Electrical Engineering and Computer Science, Harvard John A. Paulson School of Engineering and Applied Sciences
Trisha Prabhu
Class of 2022
Lisa Thomas, Staff
Associate Director for Special Projects, Office of the Provost
University Discrimination and Bullying Policy Steering Committee and Working Groups Charge
Steering Committee
The Steering Committee for University Discrimination and Bullying Policies is asked to provide guidance and input into the progress of the three working groups described below and will ultimately make recommendations to the President, Provost, and Deans on (1) University policies addressing discrimination and bullying, as defined in the charges for each working group, and (2) procedures for investigating and addressing violations of these policies when they occur.
Each working group will be chaired by a member of the Steering Committee and will focus on one of the three policy areas under the steering committee’s charge. Working groups will review current policies and procedures, solicit input from faculty, staff, and student members of the Harvard community, and make recommendations to the steering committee on relevant policies and procedures.
Title IX Policy and Other Sexual Misconduct Policy Working Group
The Title IX Sexual Harassment Policy and Other Sexual Misconduct Policy Working Group is asked to review these interim policies and make recommendations to the Steering Committee regarding the amendment (if any) and adoption of these policies by the University. The working group will aim to ensure that these policies are as effective and inclusive as possible while remaining compliant with federal regulations.
In view of the expectation that the new administration at the Department of Education will quickly begin a process to change the regulations enacted by the previous administration, the working group is asked to consider and make a recommendation on whether the interim policies should be revised at this time or kept largely the same in anticipation of a need for revisions when new regulations are issued. In view of it having been expressed as an urgent priority by student groups, the working group is asked to consider whether or not an affirmative consent definition should be adopted as part of our policies. In examining this question, the committee shall consider whether any changes to our consent definition should be implemented for all faculty, students, and staff covered by the University policies, or for a subgroup of the population such as undergraduate or undergraduate and graduate students.
Non-Discrimination Policy Working Group
The Non-Discrimination Policy Working Group is asked to make recommendations to the Steering Committee regarding what might be included in a University-wide policy to address complaints about forms of illegal discrimination, other than those covered in the Title IX and Other Sexual Misconduct policies, and will suggest procedures by which such complaints will be investigated and resolved. This group’s work will include a comprehensive review of existing University policies prohibiting discrimination on the basis of:
- race
- color
- sex (including sexual orientation and gender identity, as well as pregnancy, but excluding matters covered in the Title IX and Other Sexual Misconduct policies)
- religion
- creed
- national origin
- age
- ancestry
- veteran status
- disability unrelated to job requirements
- genetic information
- military service
Discrimination on the basis of other legally protected categories is also prohibited. Furthermore, University policy prohibits retaliation for asserting one’s rights to a work and/or educational setting free of discrimination on these bases. The Working Group will make recommendations about how these policies, as well as mechanisms to address violations, could be made more visible and accessible to members of our community.
Anti-Bullying Policy Working Group
The Anti-Bullying Policy Working Group is asked to make recommendations to the Steering Committee about a new University-wide policy and procedures to address complaints about power-based harassment and other misconduct by individuals who hold supervisory or other authority over others, including bullying, retaliation, or hostile working conditions, that is not covered in the other policies that are the subject of this process but which nonetheless may be abusive and/or intimidating to members of the Harvard community.
Final Working Group and Steering Committee Reports
- Anti-Bullying Policy Working Group Report
- Non-Discrimination Policy Working Group Report
- Title IX and Other Sexual Misconduct Policy Working Group Report
- Steering Committee Report
Draft Policies & Procedures
Proposed changes to Interim Title IX Sexual Harassment Policies and Procedures, and Interim Other Sexual Misconduct Policies and Procedures
- Interim Other Sexual Misconduct Policy Markup
- Interim Procedures for Staff Pursuant to Interim Other Sexual Misconduct Policy Markup
- Interim Procedures for Students Pursuant to Interim Other Sexual Misconduct Policy Markup
- Interim Title IX Sexual Harassment Policy Markup
- Interim Procedures for Staff Pursuant to Interim Title IX Policy Markup
- Interim Procedures for Students Pursuant to the Interim Title IX Sexual Harassment Policy