Sexual Harassment & Other Sexual Misconduct - About

At Harvard Business School, we strive every day to build and nurture a culture where every member of our community can thrive.

Please note: HBS Sexual Assault Counselors are available 24/7 on the HELP Hotline: (617) 998-HELP (4357).

“Harvard University is committed to maintaining a safe and healthy educational and work environment in which no member of the University 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. 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.”

Harvard's policies are "designed to ensure a safe and non-discriminatory educational and work environment and to meet legal requirements, including: Title IX of the Education Amendment of 1972, which prohibits discrimination on the basis of sex in the University's programs or activities; relevant sections of the Violence Against Women Reauthorization Act (VAWA); Title VII of the Civil Rights Act of 1964, which prohibits discrimination on the basis of sex in employment; and Massachusetts laws that prohibit discrimination on the basis of sex, sexual orientation, and gender identity. It does not preclude application or enforcement of other University or School policies."

It is important to note that concerns not covered by the University’s policies related to sexual harassment and other sexual misconduct may still be a violation of HBS Community Values and considered by the School.

HBS Students

HBS has adopted the University-wide Interim Title IX Sexual Harassment Policy and Interim Other Sexual Misconduct Policy. In addition, the University’s Sexual and Gender Based Harassment policy addresses sexual harassment and other sexual misconduct alleged to have occurred between September 1, 2014 and August 14, 2020. Collectively, these policies are referred to as the “University’s Policies on Sexual and Gender Based Harassment and Other Sexual Misconduct.” See copies of all policies and their associated grievance procedures. In all such cases, the Harvard University Office for Dispute Resolution (“ODR”) and the Harvard University Office for Gender Equity are responsible for implementing the University’s grievance procedures, which will determine whether a student committed a policy violation.

Whenever a formal complaint of sexual harassment or other sexual misconduct is investigated and the University’s grievance procedures result in a finding that a policy violation has occurred, the HBS Conduct Review Board must accept that finding as final and non-reviewable. The only opportunity to appeal the determination of a policy violation is provided within the grievance procedures implemented by the ODR and the Office for Gender Equity. Appeals within HBS pertain only to the decision of the HBS Conduct and Review Board in determining discipline.

What is Harvard's Definition of Consent?

Consent is agreement, assent, approval, or permission given voluntarily and may be communicated verbally or by actions.

A few other notes on consent:

The absence of a “no” does not by itself mean yes.
A person may stop welcoming sexual contact at any time.
A person may welcome sexual acts on one occasion, but not on a later occasion.
A person may welcome particular sexual acts but not others.
A dating, marital, and/or sexual relationship is not a blanket invitation to engage in sexual activity at any time.
When a person is incapacitated, meaning so impaired as to be incapable of giving consent, conduct of a sexual nature is considered unwelcome.

What standard of proof is applied to formal complaints under the Interim Title IX Sexual Harassment Policy, Interim Other Sexual Misconduct Policy, and the Sexual and Gender-Based Harassment Policy?

These policies share the same standard of proof: preponderance of the evidence.

Preponderance of the evidence means that based on the circumstances and information gathered during an investigation, it is more likely than not that a violation of the Policy occurred.

Do the same procedures apply to formal complaints investigated under the Interim Title IX Sexual Harassment Policy, the Interim Other Sexual Misconduct Policy, and the Sexual and Gender-Based Harassment Policy?

No; there are separate procedures that apply to the investigation of formal complaints under each of these policies. Formal complaints that fall within the Interim Title IX Sexual Harassment Policy are investigated by the Office for Dispute Resolution (ODR) and then proceed to a hearing panel comprised of both internal and external decision-makers, which issues findings. The applicable School or Unit of the respondent (i.e., the person identified as engaging in the misconduct), imposes any disciplinary sanctions.

Formal complaints that fall within the Interim Other Sexual Misconduct Policy and/or Sexual and Gender-Based Harassment Policy are also investigated by ODR, but do not proceed to a hearing panel. Rather, ODR issues findings, which are then provided to the applicable School or Unit of the respondent (i.e., the person identified as engaging in the misconduct), for any disciplinary sanctioning.

For More Information

Rachel Cohen, HBS Title IX Resource Coordinator, (617) 495-6767, rcohen@hbs.edu
MBA Student & Academic Services, Batten Hall

Nicole Merhill, Director, Office for Gender Equity and University Title IX Coordinator, (617) 496-2470, nicole_merhill@harvard.edu
Smith Campus Center, Suite 901
1350 Massachusetts Avenue
Cambridge, MA 02138

Harvard Office for Dispute Resolution, (617) 495-3786, odr@harvard.edu
Smith Campus Center, Suite 901
1350 Massachusetts Avenue
Cambridge, MA 02138

U.S. Department of Education, Office for Civil Rights (OCR), (617) 289-0111, OCR.Boston@ed.gov
U.S. Department of Education
5 Post Office Square, 8th floor
Boston, MA 02109-3921