Faculty to Define Date Rape Policy

After a divisive two-year campus debate on date rape, the Faculty Council yesterday moved to define date rape as sexual intercourse with expressed unwillingness.

Although the council did not ratify a formal policy, it expressed a general consensus that the University should adopt a definition similar to the one proposed by the Undergraduate Council (UC). That definition states date rape is "sexual intercourse that occurs despite the expressed unwillingness of the victim."

The Faculty Council must approve a definition before the full Faculty can vote on it.

Both the UC and the Date Rape Task Force, another major player in the debate, presented their proposed policies to the Faculty Council at yesterday's meeting.

The task force, a committee commissioned by Dean of the College L. Fred Jewett '57 and composed of students and faculty, defined date rape as "any act of sexual intercourse that occurs without the expressed consent of the person."

The main difference between the two proposed definitions is that the UC version pins responsibility on the victim, while the task force's definition holds the perpetrator accountable, according to Radcliffe Union of Students (RUS) Co-Chair Minna M. Jarvenpaa '93.

The faculty council based its preference for the "expressed unwillingness" definition on the goal of forging a practical policy that can be "used effectively as a disciplinary standard," said Assistant Dean of Coeducation Janet A. Viggiani.

And the faculty council's preferred definition is closer to the Massachusetts State rape statute, which is crucial in formulating Harvard policy, according to Jewett.

"It's very important that the institution has...taken a position on these matters," Jewett said. "It's very important that that position be both morally and legally defensible."

The decision to detail an "expressed unwillingness" definition comes after the Administrative Board on Monday rejected the task force's definition of date rape as sexual intercourse without expressed consent.

Although the two definitions sparked debate in the community, discussion at the meeting was geared to finding a compromise and marked the first time both groups collaborated in refining a date rape definition, according to Acting Secretary to the FacultyJohn B. Fox '59.

Fox said the faculty council will approve afinal definition in February at the earliest.

UC Chair Malcolm A. Heinecke '93, who wasinfluential in shaping the UC's position, hailedthe faculty's decision as "wise" because he saidthe University's policy "needs to be congruentwith Massachusetts policy and the laws of the 50states."

"The value of this dialogue is immense,"Heinecke said. "Inherently, it increasesawareness, which is the key to prevention."

Heinecke said the UC plans to contact other IvyLeague universities to compare definitions anddisciplinary policy.

The task force will formulate a new definitionwith UC and RUS members and other interestedstudents.

After approval by the faculty council and thefull faculty, the final definition will appear inthe Student Handbook, distributed to studentsduring fall registration

Fox said the faculty council will approve afinal definition in February at the earliest.

UC Chair Malcolm A. Heinecke '93, who wasinfluential in shaping the UC's position, hailedthe faculty's decision as "wise" because he saidthe University's policy "needs to be congruentwith Massachusetts policy and the laws of the 50states."

"The value of this dialogue is immense,"Heinecke said. "Inherently, it increasesawareness, which is the key to prevention."

Heinecke said the UC plans to contact other IvyLeague universities to compare definitions anddisciplinary policy.

The task force will formulate a new definitionwith UC and RUS members and other interestedstudents.

After approval by the faculty council and thefull faculty, the final definition will appear inthe Student Handbook, distributed to studentsduring fall registration