Guide for Students
2007-2008
The Administrative Board
Guide for Students is a
publication of the Office of the Dean of Harvard College, University Hall,
First Floor, Cambridge, Massachusetts 02138; 617-495-1555. It is published once
each year in August and is also available electronically at
www.college.harvard.edu/academics/adboard/index.html.
This guide is not intended, and
should not be construed, to give rise to contractual rights and obligations.
The College expressly reserves the right to make changes to its written
policies, rules, and regulations at any time.
©2007 President and Fellows of
Introduction 1
Purpose and
History 1
Membership 1
Members
of the Administrative Board 2
Authority
and Jurisdiction 3
The
Student-Faculty Judicial Board 3
General
Procedures and Practices 4
1. Petitions 7
Procedures
for Petitions 8
2. Academic Review 9
Procedures
for Review of Academic Records 9
Standard
Responses to Unsatisfactory Records 10
3. Disciplinary Cases 13
Procedures
for Disciplinary Cases 13
Procedures
for Peer Disputes 19
Procedures
for Disciplinary Subcommittees and Fact Finders 21
Decisions
of the Board in Disciplinary Cases 24
Standard Responses
to Disciplinary Cases 25
4. Appeals 27
5. Sample Cases 31
6. Data for 2006-2007 41
Sample Docket Page 45
Glossary 47
Index 55
DURING YOUR TIME AS A STUDENT
AT HARVARD, you are likely to hear references made to the “Ad
Board”—short for the Administrative Board of Harvard College. Few
other aspects of the College have been more mysterious to students than has the
Ad Board and, as a result, myths and legends abound. This guide is provided to
help students become better informed about the work of the Board and about its
policies, procedures, and practices.
PURPOSE AND HISTORY
The Administrative Board of
Harvard College is the committee of the Faculty of Arts and Sciences (FAS)
responsible for the application and enforcement of undergraduate academic
regulations and standards of social conduct. Established in 1890, the
Administrative Board is among the oldest of the Faculty’s committees, and
it follows well-established procedures and practices that are designed to
further the educational mission of the College.
The work of the Board lies in
three areas: 1) evaluation of requests (called petitions) for exceptions to
academic policies or rules, or for certain changes in course enrollment and
registration; 2) review of students’ academic performance and fulfillment
of degree requirements; and 3) resolution of alleged infractions of College
rules, breaches of community standards, or other disciplinary matters.
The Board is primarily
concerned for the educational and personal growth of undergraduates, both as
individuals and as members of an academic community.
MEMBERSHIP
The membership of the
Administrative Board explicitly includes those who have a strong link to
undergraduate education and student life. Indeed, one of the strengths of
Harvard’s system is that every student in the College has, in his or her
Resident Dean of Freshmen or Allston Burr Resident
Dean, a representative on the Board.
MEMBERS OF THE ADMINISTRATIVE
BOARD
Benedict H. Gross, George Vasmer Leverett Professor of
Mathematics and Dean of Harvard College, chair
John (Jay) Ellison, Assistant
Dean of Harvard College, secretary
Sue Brown, Resident Dean of Freshmen (Elm Yard)
Michael Canfield, Allston
Burr Resident Dean in Eliot House and Lecturer on Organismic
and Evolutionary Biology
Judith Flynn Chapman, Allston
Burr Resident Dean in
William Cooper, Resident
Dean of Freshmen (Ivy Yard)
R. Craig Crouch, Allston
Burr Resident Dean in
Paulette G. Curtis, Allston
Burr Resident Dean in Dunster House and Lecturer on
Anthropology
Thomas A. Dingman,
Dean of Freshmen
Suzanne E. Duke, Resident
Dean of Freshmen (Crimson Yard)
William R. Fitzsimmons, Dean
of Admissions and Financial Aid
Sharon Howell, Allston Burr
Resident Dean in
Laura K. Johnson, Allston
Burr Resident Dean in
Barry Kane, Registrar of the
Faculty of Arts and Sciences
Stephen H. Kargère,
Allston Burr Resident Dean in Cabot House and Lecturer on History and
Literature
Stephanie Kenen,
Assistant Dean of
Judith H. Kidd, Associate
Dean of
Susan W. Lewis, Director of
the Core Program
Richard M. Losik,
Maria Moors Cabot Professor of Biology
Michael D. Mitzenmacher,
Gordon McKay Professor of Computer Science
Suzy M. Nelson, Associate
Dean of
Matthew Peattie,
Allston Burr Resident Dean in Pforzheimer House and Lecturer on Music
Gregg Peeples,
Allston Burr Resident Dean in John Winthrop House
Louise Russell, Director of
the Accessible Education Office
Laura Schlosberg, Allston
Burr Resident Dean in Mather House and Lecturer on Slavic Languages and
Literatures
Catherine R. Shapiro, Allston
Burr Resident Dean in Leverett House and Lecturer on
Government
Ryan Spoering,
Allston Burr Resident Dean in
Katherine Stanton, Allston
Burr Resident Dean in Currier House and Lecturer on Studies of Women, Gender,
and Sexuality
In addition, the Board
regularly invites to its meetings a number of nonvoting guests who serve as
advisers on student welfare or who maintain records of Board decisions. The
Board also includes the President of the University and the Dean of the Faculty
of Arts and Sciences, who, as ex officio members, do not regularly
attend.
AUTHORITY AND JURISDICTION
The authority of the
Administrative Board to handle virtually all matters related to undergraduate
rules and regulations derives from the Faculty of Arts and Sciences—the
governing body of Harvard College and of the Graduate School of Arts and
Sciences. While the Administrative Board alone has jurisdiction to decide on
exceptions to certain academic policies or rules, changes in enrollment or
registration, and to review unsatisfactory academic records and fulfillment of
degree requirements, it formally shares jurisdiction over certain kinds of
disciplinary matters with the Student-Faculty Judicial Board.
THE STUDENT-FACULTY JUDICIAL
BOARD
In 1987, the Faculty
established a second body, the Student-Faculty Judicial Board (SFJB),
specifically to hear disciplinary cases for which: 1) there is no clear
governing precedent or Faculty policy; 2) the procedures of the Administrative
Board of Harvard College or of the Graduate School of Arts and Sciences are not
appropriate; or 3) the disposition of which could have profound effects on the
community at large. Such cases, it turns out, are extremely rare; since its
inception, the SFJB has heard only one case.
Because decisions of this board
may become touchstones of community standards, the membership reflects the FAS
community at large. The SFJB includes twelve voting members (six members of the
Faculty, two graduate students, and four undergraduate students) who are chosen
by lottery according to guidelines designed to ensure diversity and
distribution of membership. In addition, the Dean of Harvard College and the
Administrative Dean of the Graduate School of Arts and Sciences are ex
officio members. A list of names and FAS affiliations of the current SFJB
members, as well as additional information about the SFJB, is available from
the Office of the Secretary of the Faculty of Arts and Sciences, University
Hall, Ground Floor.
GENERAL PROCEDURES AND
PRACTICES
The Administrative
Board’s procedures and practices provide students with various
opportunities and options to assist them in working with the Board. Among
others, these include:
·
the
opportunity to submit written statements to the Board;
·
the
opportunity to review written materials considered by the Board in making a
decision;
·
the
opportunity to request that a disciplinary case be heard by the Student-Faculty
Judicial Board when, according to the guidelines noted above, appropriate. The
SFJB independently determines whether a particular matter is appropriate for
its consideration;
·
the opportunity to make a personal appearance before the Board (or its
subcommittee or fact finder), in cases where formal disciplinary action is possible;
·
the option to have a personal adviser (an officer of the University
affiliated with the Faculty of Arts and Sciences), in addition to a Resident Dean
of Freshmen or Allston Burr Resident Dean, present during a personal appearance
before the Board (or its subcommittee or
fact finder);
·
the opportunity to ask the Board to reconsider a decision should
relevant information come to light that was not available at the time the Board
made its decision, or if there is evidence of a procedural error; and
·
the option to appeal certain formal disciplinary actions
of the Board to the Faculty Council.
·
Further, in
disciplinary cases that involve allegations of serious criminal conduct:
·
informing
students of their rights and alternatives for proceeding through the criminal
justice system;
·
allowing students making a complaint, as well as students who are
charged, to be interviewed by or to appear before the Board (or its
subcommittee or fact finder), respectively;
·
informing students making a complaint of the final disposition of the
case; and
·
advising students to seek legal counsel before speaking
with, or submitting written statements to, College officials. Legal counsel plays no role in the College’s disciplinary
process. Instead, students are advised to seek legal advice about the
implications of the College’s disciplinary process on any criminal case
that may involve them.
As noted above, each
To ensure that the Board
receives a full and balanced account of a case or petition, students should
work closely with their resident dean. Except when the request is routine,
students may be asked to provide a written statement in support of a petition.
In disciplinary cases, or in response to an unsatisfactory academic record,
students are strongly encouraged to provide a written statement. In all
representations to the Board (or its members, subcommittees, or fact finders),
students are expected to be honest and forthcoming.
In addition to resident deans,
students may wish to seek advice from others, including parents, House Masters,
faculty, coaches, or resident tutors or proctors. The procedures of the
Administrative Board, however, do not allow for the direct participation of
parents, attorneys, or those who are not officers of the University affiliated
with the Faculty of Arts and Sciences.
Because virtually all petitions
and cases include personal information, the proceedings of the Board are
confidential, and its decisions are made known only to those directly involved
in a matter who have a need to know. Apart from
records kept by the Secretary of the Board, the Registrar of the Faculty of
Arts and Sciences, and those placed in students’ files, all Board
documents are disposed of in a secure manner. Actions taken by the Board are
considered part of a student’s educational record as defined and
protected by federal law. Questions about how Board actions are recorded within
the College or are represented on official transcripts and in letters of
recommendation should be directed to the resident deans. Most actions of the
Board require a simple majority vote for approval, but action that separates a
student from the University, such as a requirement to withdraw, must be
approved by two-thirds of the members present and eligible to vote (a
student’s own resident dean is not eligible to vote, and the Chair of the
Board ordinarily does not vote).
Meetings of the Administrative
Board are held regularly throughout the academic year, usually on Tuesday
afternoons. All meetings of the Board are private and are attended only by
voting members and invited guests. Students who in certain disciplinary cases
may opt to appear before the Board do so under specific guidelines.
The vast majority of the
administrative board’s work involves evaluating requests for exceptions
to academic rules or regulations, or for changes in enrollment or registration.
Because many such requests, or petitions, are frequent, customary, or involve
circumstances that are straightforward, they are handled on behalf of the full
Board by a standing subcommittee called the Executive Committee. Chaired by the
Secretary of the Administrative Board, the Executive Committee consists of
other senior members of the Board whose experience makes them especially well
suited to judge the merits and permissibility of requests for exceptions.
Decisions of the Executive Committee, like those of the full Board, take into
account the best educational and personal interests of the student as well as
the mission of the College.
Petitions handled by the Executive
Committee include, but are not limited to, permission to:
·
take
a leave of absence
Non-routine petitions and
unusual requests for exceptions are handled by the full Board. They include,
but are not limited to, permission to:
All of the above petitions have
clear guidelines that must be met before the full Board or Executive Committee
can give its approval. These can be found in the Handbook for Students.
Procedures for Petitions
The process of petitioning the
Board begins with a conversation between a student and his or her resident
dean, in which the reasons for the petition, the
applicable rules of the College, and the circumstances that may or may not
warrant its approval are all discussed. The student may also be asked to write
a statement, explaining his or her request and specific circumstances. The
resident dean will then prepare a “write-up” or summary of the
request and forward the petition (along with the student’s statement and
other documentation, if necessary) to the full Board or its Executive
Committee, where it will be read carefully, discussed, and decided.
Petitions are either
“approved” or “denied.” Occasionally a petition is
referred by the Executive Committee to the full Board for action, or is
“bracketed,” which means a decision is postponed pending receipt of
additional information or documentation.
The student will be informed of
the decision and any related instructions or stipulations in writing by his or
her resident dean. A copy of the petition and the dean’s letter are
placed in the student’s College file. When a decision changes a
student’s status in the College, such as by granting a leave of absence,
the resident dean is obligated to inform the student’s parents or
guardians.
After the end of each term, the
Administrative Board reviews the records of all students who receive
unsatisfactory grades or who fail to meet the College’s minimum academic
requirements. The Board also periodically reviews the records of students who
have yet to complete certain degree requirements, such as the language
requirement or the Expository Writing requirement, or who are working at a rate
above or below the standard four courses per term.
Procedures for Review of
Academic Records
When students realize, or are
told, that their record for a term is unsatisfactory, they should immediately
contact their resident dean to discuss their academic difficulties.
·
Students
whose records are unsatisfactory are encouraged to write a statement explaining their circumstances and
reflecting on any changes they aim to make in their approach to their academic
work.
·
The
student’s resident dean will prepare and present a docket page (a summary of the student’s academic record and
of the dean’s understanding of the
student’s circumstances) to the full Board at a meeting called
“Quarter Day.” (See page
for a sample docket page. Docket pages are also used for petitions and
disciplinary cases.) Students do not have the option to appear before the
Board when their academic records are reviewed.
·
After the Board
discusses a student’s record and circumstances, the chair or his designee
will call for a vote. The Board decides how to respond to unsatisfactory
records primarily on the basis of the record itself. However, it considers
carefully each case individually, taking into account the student’s
overall record and specific circumstances.
·
Students
will be informed of the Board’s decision, along with any special
instructions or necessary follow-up, in writing by their resident dean. All documents relating to the
Board’s review of a student’s academic record are placed in the
student’s College file.
Standard Responses to
Unsatisfactory Records
Readmission to the College
after a requirement to withdraw is not automatic, and requires a vote of the
full Administrative Board. A student readmitted after a requirement to withdraw
for academic reasons is readmitted on academic probation. Should such a student
achieve an unsatisfactory record in the term immediately following readmission,
he or she will ordinarily be required to withdraw a second time. A second
requirement to withdraw (whether the result of academic difficulty or a
disciplinary matter) is ordinarily final. A student must make an
extraordinarily strong case in order to be readmitted a second time.
Requirement to withdraw for
academic deficiency is an action designed to maximize the student’s
chances of completing his or her Harvard degree. The Board has found that time
spent away from the College is an effective step in preventing a record from
declining further, and for getting academic progress back on track. Most cases
of academic difficulty have little to do with a student’s ability, but
rather are related to personal or medical problems or circumstances that are
almost always best resolved away from school. In fact, virtually all students
who are required to withdraw for academic reasons use their time away from
Harvard to gain a fresh perspective on their educational and personal goals
before returning to successfully complete their degrees.
Should a first unsatisfactory
record result from especially compelling and well-documented extenuating
circumstances, the Board could decide to Take No Action and warn a
student about his or her academic record instead of placing him or her on
academic probation. An unsatisfactory record remains so, however, regardless of
the action taken by the Board. Therefore all students who have an
unsatisfactory record must take care to ensure that they earn all satisfactory
grades during their next term in the College.
The procedures for disciplinary
cases, which are more elaborate than those for petitions and academic review,
are designed to ensure that students are given a fair opportunity to be heard,
and that the Board has adequate reliable information to reach a decision. There
are, however, both commonalties and differences across disciplinary case
procedures depending upon the nature and complexity of the case and the source
of the complaint or report of alleged misconduct. For example, a case of
possible academic dishonesty reported to the College by a member of the faculty
will ordinarily be prepared for Board review by a set of procedures different
from those used in a case of alleged sexual misconduct reported by a
student’s peer. Yet all sets of procedures employed by the Board in
handling disciplinary cases share fundamental elements—such as the
opportunity to submit written statements to the Board, and the opportunity to
review written materials considered by the Board in making a decision—
described in the section on General Procedures and Practices found at the
beginning of this guide.
It is important to recognize
that the College’s disciplinary system is not a legal system, and that
the procedures of the Administrative Board are designed to achieve ends
different from those of criminal or civil litigation. While a court of law may
only be interested in establishing innocence or guilt, the Board is interested
in the larger educational, developmental, and community implications of student
conduct.
Procedures for Disciplinary
Cases
·
Every
disciplinary case begins with an allegation in the form of a complaint or
report made by an official of the University, by a student (peer), or by
another agency (such as the police or courts) or interested party. While
virtually anyone could bring a complaint against a student, any formal charges
that may ensue are made by, and on behalf of, the College.
·
Apprising
students of the allegations. As a first step in the Board review process students will be
informed of the allegations either by their resident dean, or in the case of
peer disputes, by the Secretary of the Board. In some cases, such as in peer
disputes, students will be informed of the allegations in writing by the
Secretary of the Board and will be given an opportunity to read the original
complaint only after submitting a statement of their own. In other cases,
students may learn of the allegations by reading the original complaint in the
first instance. Where an allegation is made by an official of the University or
by another agency (such as the police or the courts), the College ordinarily
issues a formal charge at the outset of the review process. For peer dispute
cases, where an allegation is made by another student, the charging process is
described later in this chapter.
·
The
resident dean will discuss the incident with the student (except in
cases where the complaint alleges serious criminal behavior and the student is advised to seek legal counsel first). The College expects
that in addition to being honest and forthcoming, students will take
responsibility for their actions.
If, at
this point, the dean can ascertain that the report is a matter of a
misunderstanding and no wrongdoing has occurred, the matter may be dropped or
the Board may hear the case with the likely outcome of “scratch,” a
formal exoneration clearing the student of any wrongdoing. If the allegations
cannot be set aside, the resident dean will outline for the student the
College’s disciplinary process.
·
In
certain cases, the Dean of the College may refer a disciplinary matter to a
fact finder and/or subcommittee of the Board for investigation, for example
in the case of a serious peer dispute. Information about how fact finders
and/or subcommittees proceed can be found in both this section, where
applicable, as well as later in this chapter.
·
The
student will be asked to read and sign a Referral Form, acknowledging that he or she is aware of
the difference in jurisdiction between the Administrative Board and the
Student-Faculty Judicial Board, and indicating whether or not he or she intends
to make a personal appearance before the Board, when that option is available.
·
If
the case is one in which formal disciplinary action (probation or requirement
to withdraw) is possible, a student has the option to appear before the
Board. The resident dean is the best source of advice on this decision.
Should the matter be referred to a fact finder and/or a subcommittee of the
Board, the student’s appearance will be before the subcommittee, not
before the full Board. Students are not required to make an appearance, and the
Board will draw no conclusions or inferences from the student’s decision.
In deciding whether to appear, students might consider the following questions:
Will their presence allow the Board more fully to understand the facts of the
case?; will appearing before the Board help them to
have peace of mind about the final disposition of the case?
·
Students
involved in disciplinary cases will be advised of the College’s
expectation of confidentiality. While students are encouraged to share information with resident
deans, family members, legal counsel when necessary, or other personal advisers
(officers of the University affiliated with the Faculty of Arts and Sciences),
they should refrain from disclosing confidential information to those not
directly involved in the case. If students have any doubts about with whom they
should discuss the matter, they should consult with their resident dean. There
are also strict rules governing the use of any disciplinary case materials that
may be provided to students: photocopies of statements, letters, reports, or
other disciplinary case documents either given or shown to students remain
confidential and their disclosure to anyone other than those noted above is
prohibited and may subject a student to disciplinary action.
·
The
student will be encouraged to write an explanatory statement. The statement, which is among the most
important documents considered by the Board in a disciplinary case, must be
written by the student and must be in his or her own words. It is not
acceptable to submit statements written by others, including parents, advisers,
or attorneys. The student is, however, encouraged to share a draft of a
statement with his or her resident dean. The resident dean is well positioned
to provide helpful suggestions related to style, organization, length, or
clarity, and to anticipate questions the statement may raise, or fail to
address, in the minds of Board members. The statement should strive to do three
things:
·
Tell the story
in full. This is the student’s
opportunity to relate in full the facts of the alleged incident. The student
should take care to distinguish between what is known firsthand from what he or
she has learned from others since.
·
Describe the
context. The Board is
especially interested in the student’s own perspective on his or her
conduct and the context in which he or she acted.
·
Reflect
on the event. The
student should draw lessons from what may have happened, stating clearly when
necessary how his or her actions were in violation of a rule or standard of
conduct in the College.
Once it is
completed, the student should sign and date his or her printed statement. It is
also acceptable to submit statements electronically, such as through e-mail.
·
If at any time a
student involved in a disciplinary case would benefit from confidential
counseling to help him or her cope with any personal distress, he or she
should contact the Bureau of Study Counsel (617-495-2581) or the University
Mental Health Service (617-495-2042).
·
If the student
believes that his or her resident dean is not the best person to assist him or
her with the case, the Chair of the
Board may, at his discretion, choose a “Board alternate,” usually
from among the members of the Board who are not also resident deans. (Note that
all references in this section to the resident dean would also apply to the
Board alternate.)
·
If necessary, the
resident dean or the Secretary of the Board may speak with witnesses or
others who are in a position to shed light on the facts surrounding the case.
In cases being investigated by a fact finder and/or subcommittee, this person
or body would speak with witnesses.
·
The
student’s statement and other documents related to the case ordinarily
will be distributed to the Board in advance of the meeting at which it will hear the case. These
documents as well as any reports prepared for the Board by a subcommittee will
be shared with students in advance of a hearing.
·
Every
Board hearing of a disciplinary case begins with an oral summary of the
allegations by either the resident dean, fact
finder, or subcommittee chair, letting the student’s statement and any
other relevant documents speak for themselves.
·
Should
the student choose to appear before the full Board (information about appearing before a
fact finder and/or subcommittee appears later in this chapter), he or she
should note the following:
·
A personal
adviser (an officer of the University affiliated with the Faculty of Arts and
Sciences, such as a proctor or tutor, coach, or instructor) may accompany the
student, in addition to the resident dean. Such an adviser does not participate
in the questioning or discussion with the Board, but is there as a resource for
and support to the student. Members of student’s family may not serve as
personal advisers for these purposes, even if affiliated with the Faculty of
Arts and Sciences.
·
The student (and
his or her adviser) should arrive a few minutes before the scheduled time of
the appearance and should wait in the designated area outside the meeting room.
The resident dean will escort the student into the meeting when the Board is
ready to hear the case.
·
The chair of the
Board will introduce himself or herself when the student enters the room and
will begin by reviewing the Board’s procedures related to personal
appearances.
·
After the
resident dean presents the oral summary of the case, the chair will ask if the
student wishes to make any opening statement and is willing to accept
questions. Members of the Board will introduce themselves before asking a
question.
·
At
the conclusion of questioning, the chair will invite the student to make an
optional closing statement. Following that, the resident dean will escort the
student out of the room.
·
The Board will
discuss the case and reach a decision.
The Board will assess whether or not any wrongdoing occurred and, if so,
usually will consider the standard response to the infraction and whether there
are special circumstances presented by the case. Any member of the Board may
offer a recommendation for action, or motion (there is sometimes a range
of motions offered), and, after the discussion, the chair will call for a vote.
As noted in the Introduction, most motions require a simple majority to pass,
but a motion for requirement to withdraw requires a minimum of two-thirds of
those present and eligible to vote to be sustained.
·
Voting by
resident deans. The resident deans or
Board alternates of the students principally involved in a disciplinary case
abstain from voting.
·
Shortly after the
end of the Board meeting, the resident dean will inform the student of the
results of the case. The dean can answer any questions the student might
have about the findings of the Board and its decision. The dean will also send
the student a letter documenting the Board’s findings and decision. A
copy of this letter, along with the student’s statement and other
relevant documentation, is placed in the student’s College file. If the
complaint against the student was filed by a faculty member or other officer of
the University, he or she also will be informed of the Board’s decision.
·
The student may
ask that the Board reconsider its decision should relevant new information
become available, or if there is evidence of a procedural error. (See chapter
4, Appeals.)
·
Cases
and court action. The College may defer consideration of a case for as long as
it considers appropriate if a criminal investigation or court process is
pending and if the underlying allegations involve serious criminal misconduct.
If, however, both the complainant and respondent (or all parties involved)
prefer to have the College take up the case immediately, regardless of the
status of legal matters, the Administrative Board may proceed at its
discretion. In all cases involving the potential for serious criminal sanctions
as well as Administrative Board review, students are advised to seek legal
counsel.
·
Possible
involuntary leave of absence or restrictions. The Dean of Harvard College may place a
student on involuntary leave of absence when the student has been arrested on
allegations of serious criminal behavior, or when the student allegedly has
violated a disciplinary rule of the College and the Dean concludes that the
student poses a significant risk to the safety or educational environment of
the community. The Dean may also place restrictions on a student’s
activities or living arrangements while enrolled.
·
Degree
status. A student
cannot receive a degree before a pending disciplinary case is resolved, or
before his or her status in the College is restored to good standing, and
ordinarily may not participate in commencement or related activities or exercises.
Procedures for Peer Disputes
Serious disputes between
students that also involve possible violations of College rules or regulations
may be reported to the Administrative Board. Examples of such disputes include,
but are not limited to, physical assault, theft, or violations of the
Faculty’s rules regarding sexual misconduct (which include rape and
sexual assault). As such disputes may involve allegations of serious criminal conduct, complainants are urged to consider raising their
complaint through the criminal justice system. When complaints are pursued
through the criminal justice system, the Administrative Board ordinarily will
postpone or suspend its own review of the matter, taking it up again when the
criminal case has been resolved.
When a student chooses to
present a peer dispute complaint to the Administrative Board, he or she will be
asked to submit to the College a detailed written statement summarizing his or
her complaint along with a descriptive list of all sources of information (persons,
correspondence, records) that support the allegations. Students should only
identify sources of supporting information; they should not themselves solicit
such information.
The complaint should be
submitted to the Secretary of the Administrative Board who will inform the
student or students named in the complaint of the allegations. In all cases in
which the complaint involves allegations of serious criminal conduct, the
student accused is advised to seek legal counsel before making any written or
oral statements to the College. As stated in the introduction, legal counsel
plays no role in the College’s disciplinary process. Instead, students
are advised to seek legal advice about the implications of the College’s
disciplinary process on any criminal case that may involve them.
The Secretary will present the
complaint to the Dean of the College, who, as Chair of the Administrative
Board, ordinarily will refer the matter to a fact finder and appoint a
subcommittee of the Board. The fact finder will work with the subcommittee to
investigate the complaint.
The student(s) against whom the
complaint has been made will be asked to prepare a written statement along with
a descriptive list of sources of information and submit it to the Secretary.
The principals involved in a case will be allowed to review each other’s
statements and respond in writing. The fact finder and/or the subcommittee will
then interview the students involved (and others at their discretion). The fact
finder will assess the information obtainable through the Board’s
process, and provide his or her findings to the subcommittee. The subcommittee,
along with the fact finder, will meet with the principals to discuss whether or
not a charge should issue, after which the subcommittee will make a recommendation
to the full Board. The principals will be given an opportunity (typically 1-3
days) to respond to the subcommittee’s recommendation in writing.
The full Board then will read
the statements and responses, if any, discuss the complaint, and take one of
three actions:
·
Issue
a charge and refer the matter back to the fact finder and subcommittee for
further investigation. On
behalf of the subcommittee, the fact finder will conduct further interviews and
gather additional documents or records if applicable. The subcommittee will
then issue a report and, if appropriate, make recommendations for action to the
full Board. The report, along with the subcommittee’s recommendation,
will then be shared with the principals, who will have an opportunity (typically
1-3 days) to respond either orally or in writing before the Board hears the
case;
·
Bracket,
or postpone, the decision on issuing a charge pending receipt of additional specific
information; or
·
Decline
to issue a charge, because
the Board determines that further investigation is unlikely to obtain
information adequate for the Board to decide the case. If the Board declines to
issue a charge, it may reconsider should new information become available.
Students will be advised of other possible avenues for resolving their
complaint.
·
More
specific information about the procedures followed by fact finders and/or
subcommittees is described below.
Procedures for Disciplinary
Subcommittees and Fact Finders
Many of the basic procedures
for disciplinary cases described at the beginning of this chapter also apply to
cases referred to fact finders and subcommittees. When a case is referred to a
fact finder and/or disciplinary subcommittee, the following procedures
ordinarily apply:
·
Appointment
of subcommittees and fact finders. When a case is referred to a fact finder and/or subcommittee,
the Dean of the College, as Chair of the Board, will make such appointments on
an ad hoc basis. Fact finders and other members of the subcommittee will
communicate with students either directly, through the
Secretary, or through their resident dean (or Board alternate).
·
Same
resident dean for both parties. When the two principal students involved in a peer dispute case
have the same resident dean, that person ordinarily will advise only one of
them. A Board alternate will be assigned by the Dean of the College, as Chair
of the Board, to the other student.
·
Statements.
The Secretary will ask
the student(s) about whom a complaint has been made to prepare a detailed
statement along with a list of sources of supporting information, if he or she
has not already done so. After submitting an initial statement, the student
will have an opportunity to review the complaint and respond in writing. In a
peer dispute case, the complainant likewise will have an opportunity to review
the initial statement of the student against whom a complaint is made, and
respond in writing. There may also be other statements (such as from witnesses)
or reports sought by the Secretary, the fact finder, or the subcommittee,
depending on the nature of the case. The Secretary, fact finder, or
subcommittee chair will direct the solicitation of these other statements or
documents. Should the student against whom a complaint is made decline to
provide a written statement, he or she will not be permitted to see the
complaint or any of the statements submitted to the College, except as part of
the subcommittee’s report to the Board.
·
Confidentiality
of statements and other case materials. The fact finder, subcommittee chair, resident dean, and/or
Secretary of the Board will instruct students about matters of confidentiality
regarding statements and other disciplinary case materials. Students will have
access to (and may be provided with photocopies of) all statements and
materials that will be considered by the Board, including the report generated
by the subcommittee (described below). As noted earlier, these materials
remain confidential and their disclosure to anyone other than resident deans,
family members, legal counsel, or other personal advisers (officers of the
University affiliated with the Faculty of Arts and Sciences) is strictly
prohibited and may subject a student to disciplinary action.
·
Interviews.
In peer dispute cases,
both the student about whom a complaint has been made and the student bringing
the complaint will have an opportunity to meet with the fact finder and
subcommittee to discuss the alleged incident and to answer questions, if they
choose to do so, before a decision about issuing a charge is made. Interviews
with others may take place at the discretion of the fact finder and/or
subcommittee.
Once a
formal charge has issued, ordinarily the fact finder or subcommittee will
conduct additional interviews with each party separately, and will meet with
direct witnesses or fresh complaint/fresh response witnesses in person if
appropriate and reasonably possible to do so. (Witnesses who are no longer on
campus or in the
·
Recommendation
for charge. In peer
dispute cases, shortly after the fact finder obtains statements and interviews
the principals involved in a case, the subcommittee will make a recommendation
as to whether a formal charge should be issued by the Board. In advance of the
Board deciding whether or not to issue a charge, the principals will be given
an opportunity to respond in writing to the subcommittee’s
recommendation. If the Board issues a charge, the case is referred back to the
fact finder and subcommittee for further investigation.
·
Personal
appearances before a subcommittee. Appearing before the subcommittee satisfies the student’s
option to appear personally before the Administrative Board. Students are not
obliged to accept this opportunity, and if they do they are free to participate
to whatever extent they feel comfortable, within the bounds of standard Board
procedures.
·
Disciplinary
Case Report. At the
conclusion of further investigation, the subcommittee will issue a confidential
written report (Disciplinary Case Report) to the full Board, summarizing the
facts and circumstances of the case. The report may also include, at the
discretion of the subcommittee, a recommendation for action.
Disciplinary
Case Reports typically include as attachments copies of all statements and
other documents (such as police reports or court documents or other records)
obtained by the fact finder or subcommittee and deemed directly relevant to the
allegations.
The
student charged and, in a peer dispute case, the student bringing the complaint, will have the opportunity (typically 1-3 days) to
read the report in advance of the meeting at which the Board will decide the
case. Students may respond to the Disciplinary Case Report either in writing or
orally through their resident dean or Board alternate, who will be present when
the case is heard.
A
redacted copy of the confidential Disciplinary Case Report is placed in the
College file of each student principally involved.
·
Presentation
of the case to the full Board. The chair of the subcommittee and the fact finder will formally
present the case to the full Board. Members of the Board will have read the
Disciplinary Case Report and the students’ written responses to it, if
any, in advance of discussing and deciding the case. In some peer dispute
cases, the Board may, at its discretion, allow for the student charged and/or
the student who made a complaint to appear before it. Neither the fact finder
nor the resident deans or Board Alternates of the students principally involved
will vote on the case.
·
Informing
students of the decision. In
cases involving allegations of sexual assault or physical violence, both the
student making the complaint and the student(s) charged will be informed by
their resident dean or Board alternate of the Board’s decision. The
resident deans subsequently will send a letter to the students principally
involved, confirming the Board’s decision in writing. In cases other than
those involving allegations of sexual assault or physical violence, it is only
the student charged who is informed of the Board’s decision.
Decisions of the Board in Disciplinary
Cases
The Administrative Board has a
range of actions it can take in disciplinary cases:
·
Scratch. A finding by the Board that nothing wrong occurred,
or that there are no grounds for action. A decision of scratch is recorded in a
student’s file to signal that the Board found no fault.
·
Take No Action. This response indicates that a serious accusation
was made but was not or could not be substantiated.
·
Admonish. Admonition is a warning from the Board that a
student has violated the rules or standards of conduct in the College, and it
begins a state of jeopardy (i.e., it signals to the student that the Board may
respond to future misconduct with formal disciplinary action).
The following decisions are considered formal
disciplinary action that changes a student’s status in the College (from
“in good standing” to “on disciplinary probation” or
“required to withdraw”) and are therefore disclosed to parents or
guardians, as well as to graduate or professional schools under certain
circumstances.
·
Place on
Probation. Disciplinary probation
puts a student on notice that her or his conduct gives considerable cause for
concern. A student on disciplinary probation is expected to pay very close
attention to his or her conduct, both during the period of probation and after.
The Board will likely respond more seriously (e.g., requirement to withdraw) to
further infractions. A student is relieved of probation at the end of the time
period set by the Board, provided there has been no further misconduct.
Requirements and Restrictions. The Board may add requirements to the period of probation when
it believes that the student needs to take positive, explicit steps to rectify
his or her situation. For the same reason, the Board may add restrictions when
it finds that a particular activity contributed directly to the problem for
which the student was placed on probation. Requirements and restrictions
typically relate directly to the circumstances of the case. Requirements, for
instance, might include alcohol counseling in cases of inappropriate conduct
while under the influence, or mandatory tutoring in proper citation in cases of
misuse of academic sources. Restrictions, on the other hand, might forbid a
student to participate in an extracurricular activity that contributed to or
allowed for the misconduct.
·
Require
to Withdraw. Action
taken when a student’s conduct is unacceptable and the Board has
determined that the student needs to be separated from the College in order to
gain perspective on his or her actions, or to address and resolve his or her
difficulties. In all cases, the Board requires the student to leave the Harvard
community completely and to hold a full-time, paid, non-academic job in a
non-family situation, for at least six consecutive months before petitioning
for readmission to the College. The length of withdrawal normally ranges from
two to four terms. Readmission to the College after a requirement to withdraw
is not automatic, and requires a vote of the full Administrative Board. A
student readmitted after a requirement to withdraw for disciplinary reasons is
readmitted in good standing (unless the misconduct also resulted in an
unsatisfactory academic record).
Ordinarily,
a second requirement to withdraw (whether for a disciplinary case or academic
review) is final, although the Board can make exceptions. The student must make
an extraordinarily strong case in order to be readmitted a second time.
Recommendation to Dismiss. In the most serious cases of misconduct