UNITED STATES DEPART MENT OF EDUCATI ON
OFF ICE F OR CIVI L RIGH TS, REGION I

5 POST OFFICE SQUA RE, 8™ FLOOR
BOSTON, MASS ACHUS ETTS 02109 -3921

DEC2 1 2010
(b)(6); (b)(7(C)

Re:

Complaint No. 01-11-2002
Harvard University Law School

Dear (b)(6); (b)(7(C) :
The purpose of this letter is to inform you that the U.S. Department of Education (Department),
Office for Civil Rights (OCR) has accepted for investigation the above-referenced complaint that
you filed against Harvard Law School (Law School) on!(b)(5); (b)(?(C)
1.
In your complaint, you raised concerns about the Law School's policies and procedures for
addressing sexual harassment grievances. Specifically, you alleged that the Law School's
grievance policies and procedures fail to comply with Title IX by not providing for the prompt
and equitable resolution of sexual harassment complaints on campus by: 1) requiring victims to
choose between filing criminal charges and filing a Title IX complaint with the Law School;
and/or 2) allowing for re-hearings that further delay the process; and 3) using a clear and
convincing evidence standard of proof in the Law School's Title IX grievance procedures.
OCR evaluated your complaint for investigation because your allegations fall under the
jurisdiction of Title IX of the Education Amendments of 1972, as amended, 20 U.S.C. Sections
1681 et seq., and its implementing regulation, at 34 C.F.R. Part 106 (Title IX). The Law School
is subject to the requirements of Title IX because it receives Federal financial assistance from the
Department.
Because OCR has determined that it has jurisdiction, and that these allegations were filed timely,
it is opening the complaint for investigation. Please note that opening this complaint for
investigation in no way implies that OCR has made a determination with regard to its merits.
During the investigation, OCR is a neutral fact-finder, collecting and analyzing relevant evidence
from you, the Law School, and other sources as appropriate. OCR will ensure that its
investigation is legally sufficient and dispositive of the allegations, in accordance with the
provision of OCR's Case Processing Manual, which can be found online at:
htlp://wvvw2.cd.gov/about/offices/list/ocr/docs/ocrcpm.html.
Based on your allegations, OCR will investigate the following legal issue:

The Departmentof Education's mission is to promotestudentachievementandpreparationfor global competitivenessby
fostering educationalexcellenceand ensuingequalaccess.

 Page 2 -

!(b)(6) ; (b)(7(C)

!Complaint No. 01-1 1-2002

Whether the Law School's Title IX policies and procedures fail to comply with 34 C.F.R.
Section 106.8 by not providing for prompt and equitable resolution of sexual harassment
complaints.
By agreement of both you and the Law School, the parties may choose to resolve this complaint
through OCR's Early Complaint Resolution (ECR) process. ECR is a process through which
OCR provides the parties an opportunity, with the aid of a facilitator, to resolve the allegation(s)
that prompted the complaint. ECR is a voluntary process, in which OCR assists the parties in
working towards a resolution. If the parties voluntarily reach an agreement through ECR, OCR
will close the complaint.
As part of our efforts to resolve this complaint, we have requested information from the Law
School related to the legal issue above. We will notify you once we receive a response from the
Law School, to discuss our analysis and processing of the complaint.
Thank you for your cooperation. Should you have any questions, please contact Attorney Jane
Lopez at (6.17) 289-0083 or at Jane.Lopez @ed.gov, or by fax at (617) 289-0150, or you may
contact Attorney Anthony Cruthird at (617) 289-0037 or at Anthony.Cruthird @ed.gov. You may
also contact me directly at (617) 289-0019.

(b)(6); (b)(7(C)

Donna L. Russe
Team Leader / Civil Rights Attorney

 UNITED STATE S DEPART MENT OF EDUCATION
OFFICE FOR CIVIL RIGHTS, REGION I

5 POST OFFICE SQUARE , g T H FLOOR
BOS TON, MASSACHUSETTS 02109 -3921

DEC2 I 2010
Martha L. Minow , Dean
Harvard Law School
Griswold 200
1525 Massachusetts A venue
Cambridge , Massachusetts 0213 8
Re:

Complaint No. 01-11 -2002
Harvard University Law School

Dear Dean Minow:
This letter is to inform you that the U.S. Department of Educat ion (Department), Office for Civil
Rights (OCR) , has accepted for investigation the above-referenced complaint filed against
Harvard University Law School (Law School). The Complainant alleged that the Law School's
grievance policies and procedures fail to comply with Title IX by not providing for the prompt
and equitable resolution of sexual harassment complaints on campus by: 1) requiring victims to
choose between filing criminal charges and filing a Title IX complaint with the Law School;
and/or 2) allowing for re-hearings that further delay the process ; and 3) using a clear and
convincing evidence standard of proof in the Law School's Title IX grievance procedures.
OCR is responsible for enforcing Title IX of the Education Amendments of 1972, as amended,
20 U.S.C . Sections 1681 et seq., and its implementing regulation , at 34 C.F.R. Part 106 (Title
IX). The Law School is subject to the requirements of Title IX because it receives Federal
financial assistance from the Department.
Because OCR has determined that it has jurisdiction , and that these allegations were filed timely,
it is opening the complaint for investigation . Please note that opening this complaint for
investigation in no way implies that OCR has made a determination with regard to its merits .
During the investigation , OCR is a neutral fact-finder , collecting and analyzing relevant evidence
from the Complainant, the Law School , and other sources as appropriate. OCR will ensure that
its investigation is legally sufficient and dispositive of the allegations , in accordance with the
provision of OCR's Case Processing Manual , which can be found online at:
http://www2 .ed.gov/abou t/offices/ list/ocr/docs/ocrcpm.htm1.
Based on the allegations presented , OCR will investigate the following legal issue:
Whether the Law School's Title IX policies and procedures fail to comply with
34 C.F.R. Section 106.8 by not providing for prompt and equitable resolution of sexual
harassment complaints.

The Departmentof Education'smissionis topromote studentachievementandpreparationfor global competitivenessby
fostering educationalexcellenceand ensuingequalaccess.

 Page 2-Dean Minow, Complaint No. 01-11-2002
By agreement of both the Law School and the Complainant, the parties may choose to resolve
this complaint through OCR's Early Complaint Resolution (ECR) process. ECR is a process
through which OCR provides the parties an opportunity, with the aid of a facilitator, to resolve
the allegation(s) that prompted the complaint. ECR is a voluntary process, in which OCR assists
the parties in working towards a resolution. If the parties voluntarily reach an agreement through
ECR, OCR will close the complaint.
As part of our investigation into the above-referencedcase, OCR may need to review and obtain
copies of records from other Title IX complaints, including prior sexual harassment complaints
to the Law School. We are therefore requesting that you do not destroy any documents
pertaining to sexual harassment cases at the Law School during the pendency of our
investigation. This will preserve OCR's ability to perform a thorough investigation.
For your information, a copy of "OCR Complaint Processing Procedures" is enclosed with this
letter. To facilitate this investigation, in the event that ECR is unsuccessful, a data request is also
enclosed to assist OCR in determining the facts surrounding the allegations in this complaint.
Please forward the requested information within 25 calendar days of the date of this letter. As
part of our investigation, OCR may request additional information, interview Law School
employees, and conduct an on-site visit to the Law School. OCR's authority to gather
information and conduct an investigation is set forth at 34 C.F.R. Section 104.61, which
incorporates by reference Sections 100.6(b)and (c) and 100.7(c) of the implementing regulation
for Title VI of the Civil Rights Act of 1964.
Thank you for your cooperation. Should you have any questions, please contact Attorney Jane
Lopez at (617) 289-0083 or at Jane.Lopez@ed.gov, or by fax at (617) 289-0150, or you may
contact Attorney Anthony Cruthird at (617) 289-0037 or at Anthony.Cruthird@ed.gov. You may
also contact me directly at (617) 289-0019.

(b)(6) ; (b)(7(C)

onna L. Russell
Team Leader/ Civil Righ s ttorney

Enclosures

 Data Request
Complaint No. 01-11-2002
Recipient : Harvard University Law School
Please submit the following information to OCR within twenty-five (25) calendar days of the
date of the transmittal letter. Information can be sent to the address on the attached letter or by
electronic mail to Jane.lopez@ed.gov . If you prefer, you may also fax the information to (617)
289-0150.
1. The name, title, business address and telephone number of the Law School's contact person

for this complaint and the person authorized to resolve this matter.
2. The name, telephone numb er, and email address of the Law School's Title IX Coordinator.
Further, please provide information regarding how students, parents and Law School
employees are informed of the identity of the designated Coordinator.
3. A copy of the Law School's Title IX policy and grievance p rocedures.

4. A narrative description of the Law School's proce ss for responding to reports or complaints
of sexual harassment, including report s or complaints of sexual assault.

5. For each and every Title IX sexual harassme nt grievance filed with the Law School during
the past five (5) years, please provide the following information:
a.
b.
c.
d.

Copy of the complain t or grievance filed;
Name or other identifier of person filing a grievance or complaint;
Name or other identifier of person(s) subject of the gr ievance/ complaint filed;
Date grievance/complaint was initially filed and name of person(s) wHh whom it
was filed;
e. Date(s) of each meeting and/or hearing inclucUng any appeals, held on the matter ,
name of person(s) in attendance and their role, and evidence stan dard of proof used
in making determinatio ns at each meeting/hearing;
f. Date of any re-hearing(s) on every matter identified in #5, name of person (s) in
attendance and their role, standard of proof used in re-hearing, and ruling or
decision taken at each and by whom;
g. Final disposition of each grievance/complaint matter identified in #5.
6. Please retain any/all files, written and audio documents and records in your possession
including, notes, emails, and phone logs, associated with each of the complaints/grievance
matters identified in #5 above, for on-site review by OCR officials.
7. Please provide any other information the Law School believ es would further assist OCR
with this investigation.