If Harvard can t have access to rape kits or forensic evidence, how are they supposed to make a finding?
Rape kits are the property of the state of Massachusetts and are available only after they have been opened in court. However, a precedent was recently set at BU for SANE nurses (the nurses who do rape kits) to testify in school disciplinary board hearings. Furthermore, a student can release his or her medical records if he or she wishes. Most often in the cases that come before the Ad Board, however, it is not a question of whether sexual activity took place, but rather a question of consent. While rape kits may contain documentation of force such as bruising, this information could be communicated by the SANE nurse. However, once determined that sexual activity took place, a rape kit or forensic evidence may not be all that helpful or necessary. Furthermore, not having access to a rape kit or to forensic evidence does not in any way preclude the Ad Board from being able to make a finding. Consider a case of sexual harassment or a verbal threat. There is no physical evidence, but the
