Why should the Ad Board hear sexual assault cases?
Because it is effectively illegal not to. Harvard is required under Title IX to “adopt and publish grievance procedures providing for prompt and equitable resolution of sex discrimination complaints,” including complaints of sexual harassment and assault. They face Office of Civil Rights sanctions, loss of federal funding, and civil liability exposure if they violate the law in this regard. One could and should argue that Harvard s new approach is hardly “equitable” given that this approach is not the “adoption of” grievance procedures but rather the avoidance of grievance procedures. Under Title IX, Harvard is required by federal law to provide equal access to education in an environment free from gender discrimination and sexual harassment. Sexual harassment is defined as “conduct sufficiently serious to deny or limit the student’s ability to participate in or benefit from” the education program. As soon as Harvard becomes aware or reasonably should be aware of a sexual assault alleg
