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HLS Redefines Harassment

New Policy Differs From State Law, Includes Recruiters

After two years of deliberations, a special Law School committee has proposed a sexual harassment policy that differs from state law and includes law firms that recruit on campus.

In a draft of the report released today, the eight-member committee outlines formal and informal complaint procedures, and offers a definition of sexual harassment tailored to the Law School community.

The proposal, which awaits approval from the faculty, would cover almost all professors, staff and students at the school, as well as employers who use the school's career services offices.

The policy would not affect members of the Harvard Union of Clerical and Technical Workers, as they are contractually covered by federal guidelines.

The committee based its definition of sexual harassment on Equal Employment Opportunity Commission guidelines, but adjusted it to eliminate the "unwelcomeness" requirement in an effort to focus on the conduct of the alleged harasser rather than the complainant.

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The draft report prohibits:

* Verbal or physical conduct of a sexual nature that unreasonably interferes with academic or work performance, or that unreasonably creates an intimidating, hostile, or offensive academic or work environment.

* Using sexual advances, overtures, or requestsfor sexual favors as a ground for any decisionrelating to employment, academic performance, orextracurricular activities, or services in the LawSchool community.

The committee proposal does not prohibitconsensual relationships between "persons ofdifferent power statuses" but notes that a powerdifference could be a relevant factor.

The policy would cover sexual harassment on andoff campus, in dormitories and academic settings,in workplaces and Law School-related socialevents, in the interview process and in summeremployment.

Until a sanction is imposed, the school wouldkeep complaints and any investigation strictlyconfidential, except from the dean and the partiesinvolved Unsealing the record after a sanction isimposed would be at the discretion of the schoolofficials.

The report does not outline possible sanctions,but says intent, harm, other acts of sexualharassment, and "the need for deterrence" would befactors considered The report is available atLangdell Library, and the committee will acceptcomments until November 5. The faculty will thenvote on approving a final proposal.

Law School Dean Robert C. Clark appointed thecommittee of two faculty members, twoadministrators, two staff members and threestudents. Professor of Law Kathleen M. Sullivanchairs the committee

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