Community Support and Nondiscrimination

The Faculty of Arts and Sciences (FAS) is committed to fostering an open and supportive community that promotes learning, teaching, research, and discovery. This commitment includes maintaining a safe and healthy educational and work environment in which no member of the community is, on the basis of sex, including sexual orientation or gender identity, excluded from participation in, denied the benefits of, or subjected to discrimination in any University program or activity. Sexual harassment, including sexual violence, is a form of sex discrimination in that it denies an individual equal access to the University’s programs or activities. In order to protect the access of all members of our community to the full range of opportunities and resources provided at Harvard, the FAS has adopted the Interim FAS Policies and Procedures Addressing Sexual and Gender-Based Harassment and Other Sexual Misconduct.

If FAS faculty and other University officers learn about a possible incident of sexual harassment, including gender-based harassment, or other sexual misconduct, they have a responsibility to promptly notify the School or Unit Title IX Resource Coordinator, who will determine what steps, if any, to take next. Please read this brochure, "Doing Your Part", as well as the section on "Notice and Confidentiality" below, for more details on this responsibility.

Sexual Harassment

Sexual harassment is unwelcome conduct on the basis of sex, including sexual orientation and gender identity. Sexual harassment includes unwelcome sexual advances; requests for sexual favors; and other verbal, nonverbal, graphic, or physical conduct of a sexual nature or based on sexual orientation or gender identity, that satisfies one or more of the following: (1) an employee of the University either explicitly or implicitly conditioning the provision of an aid, benefit, or services of the University, such as an individual’s employment or academic standing (for example, academic evaluation, grades, or advancement) on an individual’s participation in unwelcome sexual conduct (quid pro quo); quid pro quo sexual harassment can occur whether a person resists and suffers the threatened harm, or the person submits and avoids the threatened harm. Both situations could constitute discrimination on the basis of sex; or (2) unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s education or work programs or activities; or (3) sexual assault, dating violence, domestic violence, and stalking.

Other Sexual Misconduct

Other sexual misconduct is unwelcome conduct on the basis of sex, including sexual orientation and gender identity. Other sexual misconduct includes unwelcome sexual advances; requests for sexual favors; and other verbal, nonverbal, graphic, or physical conduct of a sexual nature or based on sexual orientation or gender identity, that satisfies one or more of the following: (1) an employee of the University either explicitly or implicitly conditioning the provision of an aid, benefit, or services of the University, such as an individual’s employment or academic standing (for example, academic evaluation, grades, or advancement) on an individual’s participation in unwelcome sexual conduct (quid pro quo), which may occur whether a person resists and suffers the threatened harm or the person submits and avoids the threatened harm; or (2) unwelcome conduct determined by a reasonable person to be so severe, persistent, or pervasive that it effectively denies a person access to the University’s education or work programs or activities (hostile environment).

Assessing the Conduct

Conduct is unwelcome if a person did not consent to it. Consent is agreement, assent, approval, or permission given voluntarily and may be communicated verbally or by actions. That a person welcomes some sexual contact does not necessarily mean that person welcomes other sexual contact. Similarly, that a person willingly participates in conduct on one occasion does not necessarily mean that the same conduct is welcome on a subsequent occasion.

Conduct in Relationships between Individuals of Different University Status

No FAS Faculty member shall request or accept sexual favors from, or initiate or engage in a romantic or sexual relationship with, any undergraduate student at Harvard College. Faculty members are defined as ladder, non-ladder, and visiting faculty. Furthermore, no FAS Faculty member, instructor, teaching assistant, teaching fellow, researcher, tutor, proctor, graduate student, or undergraduate course assistant, shall request or accept sexual favors from, or initiate or engage in a romantic or sexual relationship with, any student, including a graduate student or DCE student, who is enrolled in a course taught by that individual or otherwise subject to that individual’s academic supervision before the supervision has concluded and, if applicable, a final grade on the student’s supervised academic performance has been submitted to the Registrar. Academic supervision includes teaching, advising a thesis or dissertation, supervising research, supervising teaching, grading, or serving as Director of Undergraduate or Graduate Studies of the student’s academic program. In addition, no resident tutor or freshman proctor shall request or accept sexual favors from, or initiate or engage in a romantic or sexual relationship with, any undergraduate student at Harvard College.

Requests for Support, Information, or Advice

Anyone seeking support, information, or advice can expect to learn about resources available at the University and elsewhere that provide counseling and support. They also will be advised about the steps involved in pursuing an informal resolution or filing a formal complaint. Each Title IX Resource Coordinator has information about any companion policies or procedures that may apply at the local School or unit. In addition, the School or unit Title IX Resource Coordinator or the University Title IX Coordinator may discuss with Initiating Parties whether any supportive measures are appropriate at this stage.

Supportive measures may include restrictions on contact, course or work schedule alterations, changes in housing, or increased monitoring of certain areas of campus. Interim measures may be implemented or revised at any stage of the informal or formal complaint process.

Formal Complaints

The formal complaint process begins when a student, faculty member, staff member, or third party files a written complaint of sexual harassment, gender-based harassment, or other sexual misconduct with the University Tile IX Coordinator. The person bringing the allegation is called the Complainant (or a Reporter, if it is a third party filing on behalf of a potential Complainant). The person against whom the complaint is brought is called the Respondent..

Title IX Resource Coordinators   

Harvard has designated Title IX Resource Coordinators throughout the University to help address issues of sexual and gender-based harassment within their specific School or unit. The Title IX Resource Coordinators play an integral role in carrying out the University’s commitment to provide a positive learning, teaching and working environment for the entire community.

The local Title IX Resource Coordinators’ responsibilities include receiving information about allegations of unwelcome conduct of a sexual nature, providing supportive measures, and serving as resources for questions about sexual harassment, gender-based harassment, and other sexual misconduct. Title IX Resource Coordinators are knowledgeable about, and will provide information on, the University Policy and Procedures and on the wide range of resources available to the community.

Faculty should consult with a Title IX Resource Coordinator if any possible cases of sexual or gender-based harassment come to their attention. Title IX Resource Coordinators are trained to handle sensitive information with appropriate discretion. Although not a confidential resource, they protect and respect privacy to the greatest extent possible, sharing information only on a need-to-know basis, for example, to evaluate interim measures or to enable the University to take action to ensure the safety of the community.

Notice and Confidentiality

The University Policy provides that University officers, other than those who are prohibited from making such notifications because of a legal confidentiality obligation, must promptly notify the School or Unit Title IX Resource Coordinator about possible sexual or gender-based harassment. This means that if those University officers learn about a possible incident, they need to contact the Title IX Resource Coordinator, who will determine what steps, if any, to take next.

Individuals who are responsible for making such notifications include (but are not limited to) deans; administrative and professional staff at all Schools and Units; those responsible for residential life (e.g., Faculty Deans, Resident Deans and Tutors, Resident Advisors); coaches and assistant coaches; other personnel who work directly with students such as those who are involved with student clubs and organizations, career services, academic support, etc.; and faculty and others who teach students, such as graduate student teaching fellows.

Speaking with someone, even the Title IX Resource Coordinator, the University Title IX Coordinator, or someone who is responsible for notifying the School or unit Title IX Resource Coordinator, does not mean that you will need to participate in an informal resolution or file a complaint. The University encourages all persons who believe they may have been the subject of sexual harassment, gender-based harassment, or other sexual misconduct to speak with an appropriate University officer about the incident because, even if no informal process is commenced or formal complaint is filed, that information will help the University identify any concerns about harassment and work to address them. Speaking to a University officer will allow any student affected to be supported by the School and also will allow School and University officials to consider whether there are broader issues for the community that need to be addressed.

There are certain resources who are privileged under the law and who, therefore, are generally prohibited from disclosing information they receive, even in a legal proceeding. Mental health clinicians, SHARE staff providing services as rape crisis counselors, lawyers providing legal advice to clients, and clergy acting in their professional capacity hold such a privilege. They do not have to make such a notification, and, absent special circumstances, they are prohibited from disclosing even in a legal proceeding. Confidential resources are listed above.

FAS Professional Conduct Policy

Statement of Policy

Individuals in a position of authority holding academic appointments in the Faculty of Arts and Sciences^[1] (hereinafter referred to as “Faculty” or “Faculty Members”) have an obligation to uphold the highest standards of professionalism and integrity in their interactions with all members of the Harvard community, including faculty colleagues, students, persons holding research appointments (e.g., postdoctoral fellows), and staff members. Faculty Members are expected to abide by the FAS Professional Conduct Policy:
1) on-campus at all times, and
2) off-campus when they are representing the University in any professional capacity (e.g., leading a group of researchers in the field; attending an academic conference or University-related or University-funded social or extracurricular activities).

In both circumstances, this policy also applies to Faculty Members’ actions in any electronic or digital medium.

Any current or former member of the Harvard community may bring concerns about an FAS Faculty Member to the FAS Office for Faculty Affairs (“OFA”). Bringing a concern to the attention of OFA does not automatically launch a formal investigation or mediated resolution. OFA may, in its discretion, deem it appropriate to implement supportive measures (as outlined in the “Supportive Measures” section below), regardless of whether it launches a mediated resolution or formal investigation.

1. Anti-Bullying and Non-Discrimination

Faculty Members are subject to the Harvard University Anti-Bullying and Non-Discrimination Policies and Procedures (NDAB).^[2]

2. Professional Behavior and Judgement

Faculty must avoid behaviors which display a pattern of extreme negligence or poor professional judgment that endangers the health, safety, or well-being of any person or group, or unreasonably interferes with a person’s or group’s ability to perform University duties or undertake their course of education or training.

3. Appropriate Engagement of Community Members

Faculty members may not use their positions to obtain services for which individuals are not compensated. This includes, but is not limited to, requiring staff under their direction to perform services or duties unrelated to or outside their professional/job responsibilities. In addition, Faculty Members must contact their department/unit administrator before they engage an individual to assist with research or other services related to their role as a Faculty Member to ensure compliance with Harvard policies and labor laws.

4. Confidentiality

Faculty Members must uphold confidentiality in matters pertaining to student and employee files and records, which could reasonably be considered confidential. This includes compliance with the Family Educational Rights and Privacy Act (FERPA) regarding student records, as well as the protection of employment information, employee records, and student application materials.

5. Non-Retaliation

Faculty Members must abide by Harvard University's Non-Retaliation Policy.

6. Compliance with other policies and laws

Faculty Members must comply with all applicable laws, rules, regulations, and professional standards, including FAS and University policies and practices; this includes, but is not limited to, policies regarding discrimination and harassment.

Supportive Measures

Supportive measures are individualized services designed to support access to the University’s education programs or activities. OFA, in conjunction with the Dean of the FAS or the FAS Academic Deans, may implement supportive measures to protect Harvard community members. Supportive measures are non-disciplinary, non-punitive, and do not require a formal complaint or mediated resolution to be implemented.

Mediated Resolution

Any current or former member of the Harvard community may make a request to OFA, either orally or in writing, for support in resolving a concern that a Faculty Member may have violated FAS or University policies. OFA will assign a Program Officer who will consult further with the person initiating the request and determine if a mediated resolution is appropriate. The Program Officer will inform the Faculty Member who is the subject of the allegations and gather additional relevant information as necessary from the parties and others. The Program Officer, at their discretion, may put in place any appropriate supportive measures. The Program Officer will attempt to aid the parties in finding a mutually acceptable resolution. A matter will be deemed satisfactorily resolved when both parties expressly agree to an outcome that is also acceptable to the Dean for Faculty Affairs and Planning. A mediated resolution may not be suitable, especially if the concern falls under another FAS or University policy. Ordinarily, the mediation resolution will be concluded within four weeks from the date of both parties’ agreement to enter the mediation process.

Informal Resolution

Note: a formal complaint filed by an individual Harvard community member under the NDAB policies would follow the procedures outlined in the NDAB procedures. The following informal resolution process addresses concerns that fall outside of formal NDAB complaints.

Many concerns can be addressed locally and informally within the department or division. To maintain privacy and resolve concerns quickly, the Local Designated Resource (LDR),^[3] if appropriate given the circumstances, will first collaborate with the Divisional Dean and/or Department Chair, or the relevant faculty member in a leadership role (e.g., DUS, DGS), to arrange a conversation or mediation with the faculty member. If FAS believes further action is warranted, the faculty member may be asked if they want to undergo a 360 or similar-type review.

FAS Faculty Conduct Committee

Concerns about the conduct of professors (of all ranks) that cannot be resolved through an informal resolution or mediated resolution will be referred to the FAS Faculty Conduct Committee (FCC), whose membership is comprised of tenured faculty in the FAS.[4] The FCC’s charge, responsibilities, and processes are as follows:

• The FCC provides faculty oversight and peer accountability for concerns related to professional conduct concerning professors (of all ranks) that cannot be resolved locally in the department or division.^[5]
• The LDR brings concerns to the Chair of the FCC. The Chair, in consultation with the LDR, reviews the concerns to determine:
  • if they fall within the scope of the FAS Professional Conduct Policy; and
  • are sufficiently credible to bring to the FCC for review.
• If the concerns meet these criteria, the Chair or their designee designates at least three members of the FCC (this can include the Chair) to promptly review the matter and make recommendations, in accordance with the FAS Professional Conduct Policy, to the FAS Dean or their designee on what actions to take, if any.  After reviewing the FCC’s advisory recommendations, the Dean or their designee may take whatever action, if any, they believe the situation warrants.^[6]
• The FCC, in consultation with the LDR, ensures that recommended actions, if any, are consistent with the NDAB policies and procedures, other existing University and School policies and procedures, and any applicable laws.

If there is a time-sensitive concern that affects the well-being of the community, and the Chair of the FCC is not available to promptly discuss the matter with the LDR, the LDR may work with the relevant divisional/SEAS dean instead to make a recommendation to the FAS Dean or their designee. This contingency should be limited to rare instances (e.g., outside of term time, such as during the summer months.)

The FAS Dean, Divisional/SEAS Deans, and OFA retain the ability to discuss performance concerns that are not related to the FAS Professional Conduct Policy with faculty and to take appropriate measures based on performance without FCC review.  FAS may also adjust faculty salary increase to align with faculty members’ performance without FCC review.

The FCC may recommend that the faculty member participates in one or more of the following interventions (this is not an exhaustive list):

• 360-degree feedback review: OFA will retain a professional coach to work with the Faculty Member to conduct a 360-degree feedback review.
• Climate survey/assessment: OFA, in partnership with the Faculty Member, will gather additional feedback through a survey or interviews and undertake an informal assessment of the allegations. To the extent possible, the informal assessment will preserve the confidentiality of the individual(s) reporting concerns and/or those impacted by the alleged conduct. A typical informal assessment involves conversations with individuals who are likely to have information about the alleged conduct. It is not an investigation, does not result in sanctions, and should be completed in a timely manner. 
• Professional coaching: OFA will retain a professional coach to work with the Faculty Member to improve specific areas of concern.
• Training: The Faculty Member will receive individualized training on relevant policies and best practices.
• Formal Investigation: The FAS may conduct a formal investigation of an FAS Faculty Member when the FAS Dean or their designee, after conferring with the FCC, determines that the alleged behavior represents a risk to the well-being of the community. The process is described in the “FAS Formal Investigations” section below.

When the alleged conduct of a faculty member poses a risk to the well-being of the community or to the educational environment, the FAS Dean or their designee, in consultation with the FCC, may implement temporary measures to mitigate the risk (e.g. placing the Faculty Member on paid administrative leave; pausing the hiring of researchers by a Principal Investigator, etc.). Temporary measures are non-disciplinary, non-punitive, and do not require a formal complaint or mediated resolution to be implemented.

FAS Formal Investigations

The FAS may conduct a formal investigation of an FAS Faculty Member when the FAS Dean or their designee, after conferring with the FCC, determines that the alleged behavior represents a risk to the well-being of the community. During a formal investigation, a Faculty Member can expect to receive notice of the allegations, have an opportunity to be heard by the investigator, and have the opportunity to review a draft investigation report and submit a written response. The final investigative report will recommend findings of whether a policy was violated or not. The final investigative report will be reviewed by a panel of at least three members of the FCC (this can include the chair), who will make the final determination of whether a policy was violated or not.

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Note: Members of the Harvard community who interact with minors (i.e., individuals under the age of 18) in any official capacity are expected to foster and maintain an appropriate and secure environment for minors. Please see Harvard University’s “Policy for the Safety and Protection of Minors” (https://youthprotection.harvard.edu/policy) for more information.

[1] Tenured Professors, Associate Professors, Assistant Professors, full- and part-time Professors of the Practice, Professors in Residence, Senior Lecturers, Senior Preceptors, Benjamin Peirce Fellows, Briggs-Copeland Lecturers, Associate Senior Lecturers, Lecturers, Preceptors, College Fellows, Visiting Faculty, Emeriti Faculty, Teaching Assistants, Teaching Fellows, Fellows, Post-Doctoral Fellows, Research Associates, Research Fellows, Research Scientists, Senior Research Scientists, Senior Research Fellows and Visiting Scholars. 

[2] The University Anti-Bullying Policy applies to all Harvard community members.  The procedures outlined in that policy are for internal complaints raised by individual community members.  Nevertheless, as the University Anti-Bullying Policy states, FAS retains the ability to address behavior that it determines is inconsistent with its expectations, policies, standards, or values

[3] The LDR is trained in University and School policies. Per the NDAB policies, the role of an LDR is “to serve as the resource for receiving reports and complaints, directing community members to resources, and providing information on supportive measures.

[4] The FCC is established as a two-year pilot, followed by a review of the FCC before considering its establishment as a standing committee.

[5] Formal complaints under the NDAB procedures fall outside of the purview of the FCC and will follow the NDAB procedures. The NDAB policies dictate that the LDR is charged with conducting an initial review of the written formal complaint to determine if, on the face of the complaint, it alleges a violation of applicable policy and warrants an investigation. If an NDAB complaint moves to investigation, the investigation follows the NDAB procedures.

[6] Providing the Dean or their designee the discretion to take appropriate action allows FAS to retain the necessary flexibility to promptly address conduct that it believes may be in conflict with University or School policies and/or state or federal laws. 

Online Harassment Resource Guide: This document contains a selection of University resources available to faculty who may be experiencing online harassment.