HDS Sexual and Gender-Based Harassment Policy

Policy Statement

Harvard Divinity School has adopted the University-wide Interim Title IX Sexual Harassment Policy and Interim Other Sexual Misconduct Policy. In addition, the University’s Sexual and Gender-Based Harassment Policy addresses sexual harassment and other sexual misconduct alleged to have occurred between September 1, 2014, and August 14, 2020. Copies of all policies and their associated grievance procedures can be found at the Office for Community Support, Non-Discrimination, Rights and Responsibilities (CSNDR) website.

In all such cases, the Harvard University Office for Dispute Resolution (“ODR”) and the Harvard University Office for Gender Equity are responsible for implementing the University’s grievance procedures, which will determine whether a student committed a policy violation. Whenever a formal complaint of sexual harassment or other sexual misconduct is investigated and the University’s grievance procedures result in a finding that a policy violation has occurred, the HDS Sexual Misconduct Review Board (SMRB) must accept that finding as final and non-reviewable. The only opportunity to appeal the determination of a policy violation is provided within the grievance procedures implemented by the ODR and the Harvard University Office for Community Support, Non-Descrimination, Rights and Responsbilities. Appeals within HDS pertain only to the decision of the HDS Sexual Misconduct Review Board (SMRB) in determining discipline.

Resources

Harvard University Title IX Resource Coordinator

Nicole Merhill, JD
University Title IX Coordinator and Director, Office for Community Support, Non-Discrimination, Rights and Responsibilities (CSNDR)
Smith Campus Center
1350 Massachusetts Avenue
Cambridge, MA 02138
Telephone: 617.496.0200

HDS Title IX Resource Coordinator for Students

Steph Gauchel, Associate Dean of Student Services, Community Care Team Coordinator, and Title IX Resource Coordinator for Students, is available to students, staff, and faculty for support related to DIB questions, concerns, and/or identity-based issues, needs, and harm; trained support able to receive and provide guidance, care, and resources for Title IX-related concerns involving students, including help navigating HDS and University Policy and Procedures. 617.496.3091, sgauchel@hds.harvard.edu

Steph Gauchel's Office Address:
Swartz Hall G28
Cambridge, MA 02138
Telephone: 617.496.3091

HDS Additional Title IX Supports

David Holland, Associate Dean for Faculty and Academic Affairs (for issues within the classroom or with faculty other than Title IX), dholland@hds.harvard.edu

Kerry Maloney, HDS Chaplain and Director of Religious and Spiritual Life, is the confidential Title IX and identity-based resource for the HDS campus. 617.495.5778, kmaloney@hds.harvard.edu

Melissa Bartholomew, Associate Dean for Community and Belonging, is available to students, faculty to provide support and resources for navigating challenges pertaining to identity. Her work is guided by the Office of Community and Belonging's vision statement: "Rooted in love, the vision of the HDS Office of Community and Belonging is one of a future where all people embrace their common humanity, affirm their interdependence within a pluralistic world, and work in support of the flourishing of all beings." 617.998.2404, mbartholomew@hds.harvard.edu

Anna Anctil, Director of Human Resources, Title IX Resource Coordinator for Faculty and Staff, is available to help you understand HDS and University Policy and Procedures. p: 617.495.5683, aanctil@hds.harvard.edu

HDS Denominational Counselors: The HDS Office of Ministry Studies employs part-time denominational counselors who serve the needs of several particular faith communities at the Divinity School.

Harvard University Title IX and Identity-Specific Resources

University Title IX staff in the Office for Gender Equity

Harvard University’s Sexual Harassment/Assault Resources& Education (SHARE) (confidential, formerly the Office of Sexual Assault Prevention and Response)

  • Call the office to make an appointment at 617.496.5636 or email osapr@harvard.edu.
  • 24/7 hotline (forwarded to the Boston Area Rape Crisis center during the summer)
  • If you or someone you know is experiencing emotional distress and/or is in need of immediate support, call our 24-hour hotline: 617.495.9100.

Harvard Immigration Rights Clinic

University Disability Services

Harvard Ombuds Office

Off-Campus Title IX and Identity-Specific Resources

Office for Civil Rights

If you would like to talk to someone outside of the University, the U.S. Department of Education, Office for Civil Rights (OCR) is also available to you as a resource on issues of discrimination on the bases of race, color, national origin, sex, disability, and age in programs or activities. The OCR is also able to receive complaints.

OCR.Boston@ed.gov
U.S. Department of Education, 8th Floor
5 Post Office Square
Boston, MA 02109-3921
Phone: (617) 289-0111

Sexual and Gender-Based Violence and Domestic and Intimate Partner Violence Online Resources

Sexual Misconduct Review Board

The Sexual Misconduct Review Board (the “SMRB”) is a trained group of faculty and administrators appointed by the Dean and will be composed of the associate dean for faculty and academic affairs, each HDS Title IX Resource Coordinator (the director of human resources, the associate dean of student services), and four faculty members.

For any case that is reviewed by the SMRB, four SMRB representatives will be assigned to review the Final Report and make a determination about the imposition of sanctions, if the report has determined that there was a violation of University policy. For any case involving an HDS student as the respondent, the reviewing committee will always include an HDS Title IX Resource Coordinator (the HDS designee on the investigative team, if applicable), the associate dean for faculty and academic affairs, and two faculty members. For a case involving a staff or faculty member as the respondent, the reviewing committee will always include the director of human resources as the designated School or unit Title IX Resource Coordinator.  

Whenever a formal complaint of harassment or misconduct against an HDS student results in the issuance of a final report, the SMRB must 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. The SMRB disciplinary proceedings against that student based on conduct addressed by the report will proceed with the understanding that the final report carries the same validity as a determination reached by the SMRB itself.  

When a report is received, any member of the SMRB who identifies a conflict of interest in the case is expected to request to be excused from the assignment. In any case, the respondent and complainant will be informed of the members of the Sexual Misconduct Review Board and may file an objection and request recusal of any member whom they believe has a conflict of interest. If the request is granted, a substitute appointment will be made.

The SMRB will determine the sanction based on the findings included in the final report. Any disciplinary action requires at least a majority vote and, in the case of a requirement to withdraw, at least a two-thirds vote of the members. It is important to note that a first offense can result in immediate expulsion when the circumstances of the violation warrant it. 

If the SMRB votes to impose discipline, it will notify in writing the respondent and, as appropriate, the complainant of the discipline imposed.  

The SMRB may take a number of disciplinary actions, including admonish; place on probation, with or without requirements or restrictions); and require to withdraw with or without a recommendation to dismiss or expel.  

Conclusion of the Case  

Once an outcome has been reached, the appropriate representative of the SMRB will notify the complainant and respondent of the SMRB’s decision. The SMRB’s proceedings and decisions are communicated only to those with a need to know, including the respondent and the complainant.

After the case has been decided, regardless of the outcome, a redacted copy of the final report and the notice of decision of the SMRB and related materials will be placed in a sealed envelope in the respondent’s file and in the file of the complainant.  

These documents are part of the respondent’s and complainant’s educational record, as defined and protected by federal law.  

Disciplinary Proceedings Following the Resolution of a Formal Complaint   

Whenever the final report concludes that an HDS student has not violated the University-wide Interim Title IX Sexual Harassment Policy, Interim Other Sexual Misconduct Policy, and/or University’s Sexual and Gender Based Harassment policy, the appropriate HDS Title IX Resource Coordinator shall forward the report to the associate dean for faculty and academic affairs. If either party invokes the right to appeal a decision contained in a final report, granted by the University Procedures, the HDS Title IX Resource Coordinator shall notify the associate dean for faculty and academic affairs of the appeal. If, on the basis of the factual findings contained in the report, the SMRB concludes that it is reasonably likely that a disciplinary infraction by an HDS student other than a violation of the University-wide Interim Title IX Sexual Harassment Policy, Interim Other Sexual Misconduct Policy and/or University’s Sexual and Gender Based Harassment policy can be established by sufficiently persuasive evidence, the SMRB may, at its discretion, initiate formal proceedings by a written charge which explains the nature of the alleged infraction. Any such proceedings shall be conducted in accordance with standard Administrative Board Procedures.