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Ad Board To Use Outside Investigators

Harvard’s Administrative Board, long criticized for being too secretive and denying defendants due process, has changed how it investigates accusations of rape and assault.

Starting this year, the Ad Board may assign a single “fact-finder” to investigate some disputes between students—including cases of rape and sexual assault—instead of appointing a three-to-four person committee.

The change is designed to speed up the investigative process, said Karen E. Avery ’87, assistant dean of the College for co-education.

“This is a procedural change, not a policy change,” Avery said. “We’ll always be examining the [Ad Board] process so we can improve upon it.”

In an unprecedented move that may bring professional investigators into disciplinary hearings, the fact-finder could be an Ad Board member or an individual from outside of the University with extensive legal experience, Avery said.

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In past years, the Ad Board assigned a different subcommittee of three to four of its 30 members to investigate each peer dispute.

The subcommittee was responsible for interviewing the student reporting the complaint, the student charged and any witnesses. The subcommittee then presented its findings to the entire Ad Board, which determined subsequent disciplinary action.

But in the past few years, the Ad Board has struggled to supply subcommittees for each case in a timely manner as the number of overall cases has risen, according to Assistant Dean of the College David B. Fithian.

“Last year we had more cases than in recent years. If one more had come up, we may have had to say ‘We may not be able to get to this right away,’” he said. “It’s not fair for someone to wait, and it makes the case more difficult to investigate.”

The Ad Board decided 157 disciplinary cases last year.

This year, the Ad Board will decide on a “case-by-case basis” whether to appoint a subcommittee or a single fact-finder, Avery said.

In cases using a fact-finder, unlike cases involving a subcommittee, the student accused will have the opportunity to appear and speak in front of the full Ad Board.

Avery said that having the option to replace a subcommittee with one individual will improve and expedite the investigative process because it will require fewer people to coordinate their schedules.

Avery said she expects the length of investigations, which have ranged in the past from six weeks to four months, to decrease with the use of a fact-finder.

Fithian said the fact-finder will bring an increased level of involvement to cases brought by students.

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