Harrassment Decision Might Affect Harvard

Harvard's legal responsibility regarding sexual harassment may soon change. Yesterday, the Supreme Court agreed to hear a case that will decide whether sexual harassment is a type of discrimination and if federal civil rights law protects those who are harassed by other students. The case raises the question of whether schools can be found liable for one student's harassment of another.

Davis vs. Monroe County Board of Education involves a girl who was repeatedly harassed by a boy in her fifth grade class but whose teacher and principal took no action despite numerous complaints by the girl.

Filed under Title IX of the Federal Education Act, the suit questions whether schools would be liable for damages if a school official knew of the harassment but did little or nothing about it.

A lawyer within the Harvard's General Counsel's Office said he is not sure whether the case will apply to private universities such as Harvard.

A narrow interpretation by the Court might apply the ruling to only public school districts, while a broad decision could make even private institutions liable.

Under current Massachusetts law, Harvard is only responsible for harassment from supervisors that is directed towards subordinates.

Sexual harassment policies that govern Harvard students were established and are enforced by the University itself.

"Students are responsible for what they do to [other] students," said the General Counsel Office lawyer.

In June, the U.S. Supreme Court ruled that students could sue school districts for harassment by teachers but that a district would only be liable if a person in authority knew of the problem and reacted with "deliberate indifference."

In Davis, the plaintiff, supported by the Clinton Administration, is arguing that this standard has been through the indifference of school officials to repeated complaints.

Assistant Dean of the College Karen E. Avery '87 said the case is important to Harvard because of its possible implications.

"I think this [case] is a little extreme," she said. "It is pretty hard to blame the whole institution for a personal act of harassment."

Avery is concerned that both the victim andoffender's confidentiality will be violated ifschools are held legally responsible forharassment among students.

"We should pay attention to what the victimwants," she said. "We don't want to take controlaway from the victim."

"Someone who is being charged with harassment,their confidentiality is protected as well," Averysaid. "Students deserve confidentiality as theyface the Ad Board."

When asked if legal responsibility wouldincrease the University's response to harassmentcomplaints, Avery said, "Harvard's actionswouldn't change a whole lot. We really do tend tothese cases and respond very well. But will peoplewant to come forward if their names will beplastered all over?"

Federal appeals courts have split over whetherTitle IX of the Education Amendments of 1972applies to sexual harassment by students, andseveral such cases have recently been appealed tothe Supreme Court.

Title IX prohibits sex discrimination ineducational programs that receive federal money.In this case, the United States Court of Appealsfor the 11th Circuit, in Atlanta, ruled that whilethe law obliged school districts to prevent sexualharassment by their employees, it did not makeschools liable for students' behavior.

Harvard's current policy on harassment allowsstudents to make an official complaint with theAdministrative Board or an informal complaintthrough a senior tutor or the Dean's office.

Avery said, "Our policy is good. We do act oncases of harassment. We certainly wouldn't ignorethe issue.

Avery is concerned that both the victim andoffender's confidentiality will be violated ifschools are held legally responsible forharassment among students.

"We should pay attention to what the victimwants," she said. "We don't want to take controlaway from the victim."

"Someone who is being charged with harassment,their confidentiality is protected as well," Averysaid. "Students deserve confidentiality as theyface the Ad Board."

When asked if legal responsibility wouldincrease the University's response to harassmentcomplaints, Avery said, "Harvard's actionswouldn't change a whole lot. We really do tend tothese cases and respond very well. But will peoplewant to come forward if their names will beplastered all over?"

Federal appeals courts have split over whetherTitle IX of the Education Amendments of 1972applies to sexual harassment by students, andseveral such cases have recently been appealed tothe Supreme Court.

Title IX prohibits sex discrimination ineducational programs that receive federal money.In this case, the United States Court of Appealsfor the 11th Circuit, in Atlanta, ruled that whilethe law obliged school districts to prevent sexualharassment by their employees, it did not makeschools liable for students' behavior.

Harvard's current policy on harassment allowsstudents to make an official complaint with theAdministrative Board or an informal complaintthrough a senior tutor or the Dean's office.

Avery said, "Our policy is good. We do act oncases of harassment. We certainly wouldn't ignorethe issue.