According to Viggiani, "People felt that it was not a solid foundation for making disciplinary decision--it's hard to use [the 'yes' criterion] as a guide on whether an assault had taken place."

Still, Jewett says the College may continue to set tougher standards of conduct than those required by Massachusetts law.

"We have the right and the responsibility to set certain standards of behavior," he says. "We are not making a legal definition; we're judging the precedents and standards of the University."

And arrive at an official policy definition Harvard must, according to the Higher Education Reauthorization Act passed this summer.

The act requires universities to articulate a set policy for handling sexual assault cases. In addition, the act states that schools must give both the accuser and the accused the right to appear before a disciplinary board.

According to Jewett and Viggiani, the College should have no problem complying with the provisions.

"Most of what they're talking about is already part of University policy," Jewett says.

Viggiani says a group of administrators will meet soon with Harvard's acting general counsel to discuss whether current policy is in accord with the new law.

Though, as Viggiani notes, "the law comes at a time when we were looking into the same issue," the act's requirement of appearances by both the accuser and accused may necessitate additional changes in policy.

Administrators and the board must submit any proposals for procedural changes to the Faculty Council this semester.

John B. Fox Jr. '59, acting secretary of the Faculty, says the Faculty Council has not yet decided upon a schedule for considering the numerous fall semester proposals it expects.

The council may either accept Jewett's proposals or choose to debate the matter further, Fox says.