HDS Procedures for Discrimination by Instructional Officers

Any student who feels that they have experienced discrimination by an instructional officer which is not covered by the Interim Title IX Sexual Harassment Policy, Interim Other Sexual Harassment Policy, or Sexual and Gender-Based Harassment Policy is encouraged to seek assistance through the Informal Problem-Solving and the Formal Complaint processes described below. These processes may not be appropriate to every circumstance, so the processes are considered flexible, and can be modified to be appropriate to the situation. 

Scope: These problem-solving and complaint procedures are for students concerned about the behavior of anyone holding a teaching appointment at Harvard Divinity School, including members of the Faculty of Divinity, adjunct instructors, and, where not superseded by other policies, teaching fellows appointed by and/or working in the Divinity School. If the instructional officer concerned has their primary appointment outside of the Faculty of Divinity, and the conduct in question took place in a class or context not at HDS, ordinarily the issue will be referred to the appropriate Faculty at Harvard. (Please note that there are separate procedures for problem-solving and formal complaints concerning actions of Harvard staff. Visit hr.harvard.edu for more information.) Interim measures designed to support and protect the Initiating Party or the University community may be considered or implemented at any time, including during a request for information or advice, informal problem-solving, or a formal complaint proceeding. Consistent with School or unit policy, interim measures might include, among others, restrictions on contact or course-schedule or work-schedule alteration. These interim measures are subject to review and revision throughout the processes described below.  

Informal Problem-Solving: The Divinity School is an educational institution, and presumes that learning is a continual process for all members of the University community, including instructional personnel. Correspondingly, the appropriate first step for many concerns is an informal problem-solving approach to the behavior and context in question. Any student who feels that they have experienced discrimination is encouraged to write or speak about the matter to one of the following HDS officers, all of whom are trained concerning the School’s and University’s policies: the Associate Dean for Faculty and Academic Affairs, the Associate Dean for Student Services, the Administrative Dean, or the Director of Human Resources. Through such discussions, and via a flexible and creative informal problem-solving approach, a satisfactory resolution to the concern raised may be developed. Such an approach will normally involve separate and/or joint conversations with the parties involved, drawing in others (staff, faculty, students, or others) with knowledge or expertise as needed to address the issues raised. The HDS officer leading the informal process ordinarily will seek to complete the Informal Problem-Solving within two to three weeks after having been contacted about the concern. If resolution is reached, it will be documented with the office of the Associate Dean for Faculty and Academic Affairs, and include the underlying complaint, some account of the process used and the persons involved, and the agreed-upon resolution. At any point prior to such resolution, the student who brought the concern may withdraw it and either set the matter aside or move the matter to a formal complaint process.  

Formal Complaint Process: In cases where Informal Problem-Solving does not yield a satisfactory resolution, or the student does not wish to make use of an Informal Problem-Solving approach, the student may submit a complaint of discrimination in writing to the HDS Associate Dean for Faculty and Academic Affairs and the Associate Dean of Student Services (hereafter, “the Associate Deans”). In certain circumstances the Associate Deans may designate another University officer who has appropriate expertise to conduct fact-finding in the case, or to assist the Associate Deans.  

Fact-Finding 

The Associate Dean for Faculty and Academic Affairs and the Associate Dean of Student Services or designee will gather information from the student bringing the complaint, the instructional officer about whom the complaint has been made, and others, if appropriate, who are in a position to offer facts. Both parties will have equal opportunities to submit names of witnesses and any relevant information for review, and to review the information upon which the Associate Deans or designee may rely in making their findings and recommendations. At the conclusion of information gathering, and ordinarily within 30 days of receiving the complaint, the Associate Deans or designee will make preliminary findings of fact, and, using a preponderance of evidence standard, determine based on those findings whether there was a violation of the non-discrimination policy. The Associate Deans or designee will provide the student and the instructor involved with a written draft of these preliminary findings and their analysis, and will give both parties 7 days to submit a written response to the draft. The Associate Deans or designee will consider these written responses before finalizing the report, and will send the report to the Dean of the Faculty of Divinity, the student, and the instructor. The Associate Deans or designees generally will issue the preliminary report within 60 ordinary calendar days of the complaint.

Consideration of Findings and Determination 

The Dean of the Faculty of Divinity will determine whether or not to accept the findings and analysis made by the Associate Deans or their designee, or to request additional fact-finding. If additional fact-finding is required, the Dean will make that request to the Associate Deans or designee, ordinarily within 7 calendar days of receiving the preliminary report. In such a case, both parties may submit to the Associate Deans or designee any pertinent additional information not available at the time of the initial fact-finding. The Associate Deans or designee will submit a revised report incorporating any additional facts to the Dean, ordinarily within 14 calendar days of the Dean’s request for further fact-finding. The Dean will issue a written determination resolving the matter within 14 calendar days of the receipt of the final report. If a non-discrimination policy violation is found, the Dean’s decision may include recommended educational and/or ameliorative measures (e.g., anti-discrimination training, peer-coaching, or other measures, as appropriate) to be taken by the instructor to eliminate any discrimination, prevent its recurrence, and address its effects. This decision will be shared with both the student and the instructional officer. Any imposition of disciplinary measures on the instructional officer is addressed separately from the written resolution of the formal complaint by the Dean, in accord with the specificities of the instructional officer’s employment. The decision whether to impose disciplinary measures, and if so, the type and scope of the measures, is informed by the findings that result from the Formal Complaint Process. 

Request for Informal Problem-Solving After a Formal Complaint Has Been Filed 

Once a formal complaint has been filed but before the findings and determination have been provided to the parties, either party may request Informal Problem-Solving as an alternative to formal resolution of the complaint. Such a shift requires agreement of both parties and approval of the Dean of the Faculty. If such a request is approved, the timelines will be paused, and the Dean of the Faculty, or their designee, will take steps they deem appropriate to assist in reaching a resolution. If the parties cannot reach an informal resolution within two weeks from the Dean’s receipt of the request, then the Formal Complaint Process will resume. 

Appeal 

If the resolution of a Formal Complaint is not satisfactory to the student or the instructor involved, either may consider submitting to the Provost or their designee a written request for appeal of the decision at the University level. Such a request must be submitted within 7 calendar days of receiving the decision, and must detail the reason(s) the student or instructor disputes the Dean’s decision, ordinarily on the basis of claims of procedural error, bias or conflict of interest. Disagreement with the findings of fact or the determination is not, by itself, a ground for appeal. New facts, should they have come to light, should be brought back to the Dean of the Faculty for reconsideration, and are not grounds for University appeal. 

Timeframe 

Timely response to a concern about discrimination is critical; thus, Divinity School officers guiding these processes may apply reasonable, but always equal, timeframes to all parties to allow timely completion of the informal problem-solving and formal complaint processes. Informal problem-solving should be completed in two to three weeks; formal complaints should be evaluated and resolved as quickly as possible, but ordinarily in no more than 90 days.

Conflicts of Interest 

In situations where a student raises a concern that names an HDS officer designated to facilitate or oversee any stage in the Informal Problem-Solving or Formal Complaint Processes, or who otherwise has a conflict of interest, an appropriate designee will assume those responsibilities in their place. If a student is concerned that an officer responsible for some part of the process has a conflict, they should indicate this to another HDS officer trained in these matters, to the next-level University officer mentioned in the process above, or to the University ombudsperson.

Non-retaliation 

The University expressly forbids anyone from taking any form of retaliatory action against any member of the Harvard community who in good faith voices concerns, seeks advice, files a complaint or grievance, testifies or participates in investigations, or opposes actual or perceived violations of Harvard University’s policy or unlawful acts.

Discretion 

All activities undertaken in relation to these policies will be conducted with discretion and regard for each party’s legitimate privacy and reputational interests; details will be shared only with those with a legitimate need to know.