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Abstract: 

Harvard University’s purportedly strong policy on sexual assault declares that “all members of the University community have a right to… bodily safety and integrity.” In recognition of these rights,” the student handbook states, Harvard “will not tolerate sexual misconduct” which, as defined by Harvard, includes a variety of offenses ranging from forcible intercourse to “unwanted touching or fondling.” But earlier this year, during deceptive administrative proceedings, Harvard adopted a new rule requiring students who report sexual assaults to produce “sufficient independent corroboration” before campus officials will even conduct an investigation of the matter, let alone proceed with a hearing to ascertain the truth or take any other meaningful steps to redress or resolve the complaint. As a result, Harvard is now the target of a formal investigation by the U.S. Department of Education which is examining whether Harvard is unfairly discriminating against women in violation of federal civil rights laws. This article discusses Harvard’s approach and why independent corroboration is “sexist and regressive”.

Keywords: Harvard Women’s Law Journal;

Affiliations:  1: Harvard Law School.