If you go to Harvard, you’ve probably gotten a lot of emails and maybe even read a few Crimson articles about all the Title IX changes that have been going on. You’re probably also wondering, what exactly is Title IX? How does it impact you? What’s the significance of all these changes? Well, if you have any questions, you’ve come to the right place.
What is Title IX, anyway?
Title IX of the United States Education Amendments of 1972 states that “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.”
Basically, if you are a student at an institution that receives money from the government (read: almost every school in America), then you have the right to a discrimination-free academic environment. Title IX is probably best known for its use in bolstering girls’ sports programs to make them equal to boys’ teams, but it applies to all things school-related.
What does Title IX have to do with sexual assault?
A discrimination-free academic environment is one where students don’t have to worry that they will be sexually assaulted. The trauma and fear that stems from sexual harassment or assault precludes equal access to education. It is, therefore, schools’ responsibility under Title IX to ensure the safety of every student.
So what’s the relationship between Title IX and Harvard?
Because Harvard is a federally-funded institution, it must adhere to the guidelines of Title IX. However, students have not always been convinced that Harvard is actually following the rules; in 2002, a complaint about Harvard’s handling of sexual misconduct cases was filed with the US Department of Education’s Office of Civil Rights (OCR), the governmental body in charge of enforcing Title IX. However, the OCR found that Harvard’s policies were not in violation.
In November 2012, a UC referendum calling for Harvard to reexamine its sexual assault policies passed with 85% approval. This led Harvard to appoint a Title IX officer, Mia Karvonides, to deal with the issue in March 2013. Karvonides convened a working group to reexamine Harvard’s stance, but little action came from it.
Consequently, unofficial campus group Our Harvard Can Do Better filed a complaint with the OCR in April 2014, once more alleging that Harvard’s sexual assault policy violated Title IX. In order to better comply with the federal regulations, Harvard reexamined the status quo and, over the summer, instituted some changes effective this semester.
What are these Title IX policy changes that happened at Harvard?
One major change is creation of the Office of Sexual and Gender Based Dispute Resolution, a centralized office to deal with sexual assault cases. This greatly simplifies the complaint process and thereby extends more sensitivity to survivors. The Office will provide Harvard disciplinary boards with evidence obtained by professional investigators, making it easier for said boards to issue sanctions against perpetrators of sexual assault.
Another change is the switch to a “preponderance of the evidence” standard. Favored by the OCR, this means that survivors have a lower burden of proof to provide against their assailants, since the disciplinary board simply has to be more than 50% sure that the aggressor is guilty.
Under the new policy, survivors can request anonymity, file their complaints without worrying about a timeframe or deadline, appeal final reports within a week of the decision’s issue, and request for an informal resolution in order to avoid going through the full procedure.
Are these changes good?
Most activist groups, on campus and off, laud the new policies. One large flaw that many, including Our Harvard Can Do Better, have pointed out is the absence of an affirmative consent policy, which would mean that both parties actively agree to sexual activity.
If I’ve been sexually assaulted, where can I go for help and to assess my options?
For immediate safety concerns:
Harvard University Police Department (HUPD) – 617-495-1212 (24/7)
For physical health services:
Harvard University Health Services (UHS) – 617-495-5711 (24/7)
Boston Area Rape Crisis Center – 800-841-8371 (24/7)
For mental health services:
Harvard University Health Services (UHS) – 617-495-5711 (24/7)
Bureau of Study Counsel (BSC) – 617-495-2581 (8:30am-5:30pm)
Boston Area Rape Crisis Center – 800-841-8371 (24/7)
For support, guidance, and/or practical help on the ground:
Response peer counseling line – 617-495-9600 (9pm-8am, 7 days a week)
Office for Sexual Assault Prevention and Response (OSAPR) – 617-495-9100 (24/7)
Our Harvard Can Do Better – ourharvardcandobetter.com
Boston Area Rape Crisis Center – 800-841-8371 (24/7)