Title IX Resource Coordinator for Faculty
Keri Godin, Director for Professional Integrity
Procedures for Handling Complaints Involving Faculty Pursuant to the Harvard University Interim Title IX Sexual Harassment Policy and Interim Other Sexual Misconduct Policy
In accord with Harvard University’s Interim Title IX Sexual Harassment Policy and Interim Other Sexual Misconduct Policy (the “Policies”), which apply to all Harvard students, faculty, staff, Harvard appointees, and third parties, Harvard Medical School (“HMS”) and Harvard School of Dental Medicine (“HSDM”) are committed to maintaining a safe and healthy educational and work environment in which no member of the HMS/HSDM community is, on the basis of sex, including sexual orientation, or gender identity, excluded from participation in, denied the benefits of, or subjected to discrimination in any University program or activity.
Allegations that a member of the HMS or HSDM faculty (meaning any person possessing an academic appointment in the Faculty of Medicine) has violated the Policies ordinarily shall be investigated by Harvard’s Office for Dispute Resolution (“ODR”) in accordance with the applicable Procedures for Handling Complaints Involving Students Pursuant to the Interim Title IX Sexual Harassment Policy or Interim Other Sexual Misconduct Policy (“University Procedures”) with the following modifications:
Once a complaint is received by the ODR and has been assigned to an ODR Investigator for an initial review, the Office of the Dean of the Faculty of Medicine and Title IX Resource Coordinator for the Faculty of Medicine (“Faculty Title IX Resource Coordinator”) will appoint a designee to serve as part of the Investigative Team.
If either the Faculty Respondent or the Complainant chooses to appeal the conclusions reached in a dismissal letter, the Hearing Panel’s determination regarding responsibility, or the ODR Final Report of Investigation, then the appeal will be heard in accordance with the University Procedures by an appeals board comprised of three members. Ordinarily, the appeals board will include at least one member of the Faculty of Medicine, and at least one other Harvard faculty member.
When the ODR Final Report of Investigation or the Hearing Panel’s determination regarding responsibility is completed, the final report will be provided to the Complainant, the Faculty Respondent, the Faculty Title IX Resource Coordinator, and the Faculty of Medicine Standing Committee on Rights and Responsibilities (“the Committee”). The Committee will accept as final and non-reviewable the report’s findings of fact and its conclusions as to whether a violation of a University Policy has occurred.
Upon receipt of the ODR Final Report of Investigation or the Hearing Panel’s determination regarding responsibility, the Committee has wide discretion to recommend sanctions to the Dean of the Faculty of Medicine (the “Dean”). The Committee will: provide the Faculty Respondent an opportunity to be heard with respect to sanctions; provide to the Faculty Respondent a draft of its sanction recommendations and an opportunity to respond; consider any written response by the Faculty Respondent to the draft sanction recommendations and modify the recommendations if it feels such action is warranted; and include the Faculty Respondent’s written response to the draft sanction recommendations when it submits those recommendations to the Dean. The Dean will make the final determination as to sanctions. Sanctions and corrective actions may include, but are not limited to, counseling, warning, reprimand, suspension, probation, monitoring, community service, modification and/or limitation of professional duties, dismissal from the Faculty of Medicine, and any other restriction, limitation or punishment determined by the Dean to be warranted by the circumstances.
In certain cases, however, it may be appropriate for the Office of the Dean to modify these procedures, in light of the Procedures for the Discipline of Officers involving grave misconduct or neglect of duty arising under the Third Statute of the University. In such cases, all parties will be notified of the procedures that will be followed.
Notwithstanding the foregoing, cases involving allegations against Faculty of Medicine appointees who are not employed by HMS/HSDM but instead are employed by or associated with HMS/HSDM affiliated institutions or whose primary appointments are at other Harvard Schools will be handled as follows. If the subject of a complaint (the “Respondent”) has an HMS or HSDM appointment but is employed by or associated with an HMS/HSDM affiliated institution (and not employed by HMS/HSDM) and/or has a primary appointment at another Harvard School, and the alleged conduct took place outside HMS/HSDM, then these procedures ordinarily will not apply and HMS/HSDM or ODR will refer the matter to the relevant affiliated institution or Harvard School for investigation under any procedures of the affiliated institution or other Harvard School that may be applicable. However, where the alleged conduct either took place at HMS/HSDM or could create a hostile environment at HMS/HSDM, or in other limited circumstances to be individually determined by HMS/HSDM, HMS/HSDM may conduct joint proceedings with the affiliated institution or other Harvard School or may address the matter, in whole or in part, under these procedures. In all such cases, HMS/HSDM may, at any point after a complaint has been raised, take temporary or permanent action with respect to the Respondent’s academic appointment status at HMS/HSDM.
If a person against whom a complaint is brought held an HMS or HSDM academic appointment at the time of the alleged incident giving rise to the complaint, but no longer holds such an appointment, then the Dean or his or her designee shall determine whether and in what manner the complaint should be handled.