According to the student handbook, the GSE’s policy on harassment states that “rape, assault, unwelcome touching, physical intimidation...and forms of behavior that violate federal or state civil rights law” are “impermissible.”
Wayland said he thinks Zedginidze was acquitted in court because there were “discrepancies” in the story told by the alleged victim, whose name was not made public because the case involved sexual assault.
“She told police and the grand jury that she had little or no contact with him,” Wayland said. “We demonstrated through e-mails that she had.”
But the GSE’s disciplinary standards do not exactly mirror state and federal law, according to Sanni.
“Like virtually every institution of higher education, the Graduate School of Education has established a code of conduct that governs the behavior of members of our community,” Sanni wrote. “When complaints about a student’s behavior arise, the School must necessarily consider them in light of its code of conduct and community standards.”
Wayland said that although he agrees with a University’s right to have a separate disciplinary procedure, he is worried that once Zedginidze receives a disciplinary hearing, it will not be fair.
He said that the procedures of the Committee on Rights and Responsibilities might not be fair to the accused in an emotionally charged case of alleged sexual assault.
“It’s a different standard of proof, I agree with that...what’s at stake is not liberty but admission to a University,” Wayland said. “But it’s a terrible crime he’s been accused of and people get upset based on the allegations. I think there is a tendency, among some people in public, to hear of a charge and assume it must be true. And the fact of the matter is that false accusations are made for all kinds of reasons. We don’t know why in this case.”
According to the GSE’s Student Handbook, both the accuser and the accused can present witnesses during a committee hearing, and the witnesses are questioned by members of the committee. The accused is also “entitled to rebut any evidence presented and to present his or her own information on pertinent matters. Rules of evidence applicable to civil or criminal proceedings do not, however, apply.”
Wayland said that he thinks Zedginidze feels his situation could be hopeless.
“The Dean’s office told my client it’s very risky,” Wayland said. “If you’re accused waiting for decision it doesn’t sound like you’re going to have a lot of input.”
—Staff writer Hana R. Alberts can be reached at alberts@fas.harvard.edu.