Peer Dispute

Students may be concerned that the circumstances under which the incident occurred might compromise their ability to bring an allegation forward or subject them to disciplinary action. The Board’s focus in a peer dispute case is on the allegations. Students are encouraged to come forward if they believe one of their peers has violated the College’s standards of conduct, regardless of the surrounding circumstances. Please note that The Office for Dispute Resolution (“ODR”) has been charged with implementing procedures for students pursuant to the Sexual and Gender-Based Harassment Policy (“Policy”). You can find more about their process here.

Peer Dispute Process

Allegation Received

Every peer dispute disciplinary case begins with an allegation in the form of a complaint by another currently enrolled Harvard undergraduate. Any formal charges that may ensue are made by, and on behalf of, the College. A charge begins the Administrative Board’s investigation, but it does not assume misconduct has occurred. It simply identifies the section of the Handbook which is at issue in the concern. For more information about reporting an allegation, click here.

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Notification of the Respondent

The Respondent will be notified by the Secretary of the Board (or other designee of the Dean of the College) that an allegation has been made against him or her. During that meeting, the Secretary of the Board will outline the College’s confidentiality policies, disciplinary process, and the allegation. At this point, the Respondent will be asked to write an initial statement, but he or she will not have access to the Complainant’s statement or any of the details the Complainant has provided.

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Initial Review

After the Complainant and Respondent have submitted their initial statements, the Secretary of the Administrative Board then organizes the facts and identifies relevant sections of the Student Handbook. If there are no identifiable provisions in the Handbook associated with the complaint, then there is no case. If there are provisions in the Handbook identified, then the Secretary presents the information to the Dean of the College, or their designee.

The Charge Decision

The Dean of the College, or their designee, reviews all case materials and determines if there are charges to be issued towards the respondent. The Dean of the College, or their designee, determines if:

  1. the allegations, if true, might constitute a violation of the rules of the Faculty of Arts and Sciences outlined in the Harvard College Student Handbook; and
  2. further investigation is likely to enable the Board to resolve the case.

If the Dean of the College, or their designee, determines there are no charges towards the respondent, then the peer dispute process ends and any allegations against the respondent are discarded.

If a charge is issued, then the Dean of the College will appoint a subcommittee of the Board to conduct a full investigation of the case. The subcommittee may pursue additional information and meet with the complainant, respondent, and at its discretion, other individuals with information about the case.

Additional Interviews and Information Gathering

If a charge is issued, the fact finder and/or subcommittee will conduct additional interviews with the Respondent, the Complainant, and possibly other relevant parties (including, for example, those identified as potential sources of information by the Respondent or the Complainant). Witnesses who are no longer on campus or in the Boston area are sometimes interviewed by phone or other electronic means (e.g., Zoom). Your Board Representative will continue to attend all relevant meetings and keep you informed of the progress of the case. He or she also will provide you copies of all documents and other information obtained by the subcommittee at this stage of the process.

Report and Recommendation

At the conclusion of its investigation, the subcommittee will issue a confidential report, called a Subcommittee Report, to all of the members of Board. The Subcommittee Report describes the facts and circumstances of the case and may include a recommendation for disciplinary action. This recommendation is a starting point for the Board’s discussion in your case. In all cases, the Board is not limited in its discussion and has the full range of sanctions allowed by the Faculty available to it.

Subcommittee Reports include copies of all statements and other documents obtained by the fact finder or subcommittee and deemed relevant to the allegations (such as police reports, court documents, or other records). The Respondent and the Complainant will have the opportunity (typically one to three days) to read and respond to the Subcommittee Report in advance of the meeting at which the Board will decide the case. You may respond either in writing or orally to your Board Representative, who will be present when the Board hears the case.

Presentation of the Case

At the conclusion of the investigation, your case will be presented to the full Board at one of its regularly scheduled meetings. All documents collected as part of the investigation will be distributed to the membership in advance of the meeting, including the Subcommittee Report and copies of the other documents obtained by the fact finder and/or subcommittee and deemed relevant to the allegations (such as police reports, court documents, or other records). During the presentation of your case to the full Board, your Board Representative will convey any other additional information that you wish the Board to know. More

Conclusion

Cases are decided by a majority vote of the members present and eligible to vote; however, an outcome of requirement to withdraw requires a two-thirds, rather than simple, majority. Once an outcome has been reached, the Respondent will be notified of the Board’s finding by his or her Board Representative, and his or her Resident Dean of Freshmen/Allston Burr Resident Dean will send a letter confirming the Board’s decision in writing. The Board’s proceedings and decisions are confidential and communicated only to those with a need to know. In cases involving allegations of sexual harassment, sexual assault, or physical violence, the Complainant will also be informed of the Board’s decision. In most other cases, the Complainant will not be informed of the Board’s decision.

After the case has been decided, all materials reviewed by the Board members are destroyed. Regardless of the outcome, a redacted copy of the confidential Subcommittee Report, if applicable, and all other materials will be placed in a sealed envelope in your College file. These documents are part of your educational record as defined and protected by federal law.

Click here for a diagram of this process. Additionally, we have produced printer friendly files of the process for both Complainants and Respondents