Dershowitz and Other Harvard Law School Profs Condemn New Sexual Harassment Policy

In an open letter published in the Boston Globe, twenty-eight law school professors called for Harvard to withdraw its newly installed sexual harassment policy.

The letter outlined the professors’ objections to the policy, which centers on what they characterized as a lack of “the most basic elements of fairness and due process."

“Harvard has adopted procedures for deciding cases of alleged sexual misconduct which lack the most basic elements of fairness and due process, are overwhelmingly stacked against the accused, and are in no way required by Title IX law or regulation,” the professors—21 men and seven women—wrote.

The professors also slammedtha Harvard administration at length for what they said amounted to bowing to the dicta of federal governmemt authorities instead of conceiving its own policy.


“Harvard apparently decided to simply defer to the demands of certain federal administrative officials, rather than exercise independent judgment about the kind of sexual harassment policy that would be consistent with law and with the needs of our students and the larger University community,” they wrote.

Tuesday’s letter carried 28 signatures: Elizabeth Bartholet, Scott Brewer, Robert C. Clark, Alan M. Dershowitz (Emeritus), Christine Desan, Charles Donahue, Einer R. Elhauge ’83, Allen Ferrell, Martha A. Field ’65, Jesse M. Fried, Nancy Gertner, Janet E. Halley, Bruce L. Hay, Philip B. Heymann, David W. Kennedy, Duncan Kennedy, Robert H. Mnookin ’64, Charles R. Nesson ’60, Charles J. Ogletree, Richard D. Parker, J. Mark Ramseyer, David Rosenberg, Lewis D. Sargentich, David Shapiro ’54 (Emeritus), Henry J. Steiner ’51 (Emeritus), Jeannie Suk, Lucie E. White ’72, David B. Wilkins ’77.

-RW