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...student is raped, he/she may prosecute through both the Ad Board and the criminal justice system. The Ad Board recommends that he/she go through the criminal justice system first for two reasons. First, the statement he/she makes for the Ad Board can be subpoenaed by the prosecution and manipulated and used against him/her in the criminal investigation. Second, because the Ad Board essentially only uses the statements of the people involved, the criminal justice process is likely to be more thorough and more accurate, therefore providing the Ad Board with more concrete evidence to evaluate the case. If the victim...
...even with these improvements in rape awareness, hearsay about the Harvard administration’s response to rape abounds. Rumors have floated around campus suggesting that victims can only take their cases to the Ad Board or to the criminal justice system, not both, or that rapists will never be asked to leave, and that the victim must live with her attacker following her around campus. None of these is true. The Ad Board’s response to rape at Harvard is as follows...
Recently, Avery and David B. Fithian, assistant dean of the college, have tweaked the policy to streamline the process. Instead of assigning a subcommittee of the Ad Board to investigate allegations, the policy allows for one person to be assigned to a case. This will hopefully encourge the Ad Board investigations to be more focused and will prepare the system for the introduction of independent investigators. Avery says the eventual hope is that someone outside of the College with legal experience will be assigned to work on these cases...
Harvard’s policy on what constitutes a sexual crime is based on Massachusetts state law. Because it states that a drunk person cannot legally consent to sex, any sex while the female party is drunk is legally rape. However, neither the Massachusetts courts nor the Ad Board adhere to this rule. Avery gives the example of a married couple. If a husband has sex with his drunk wife and she consents, Avery explains, few courts will call this rape. These types of situations blur the rules, however, because 95 percent of date rape cases involve alcohol. Whether...
...Ad Board finds a student guilty of rape, he will most likely be required to withdraw with a recommendation to be dismissed. The Faculty of Arts and Sciences votes whether or not to accept this recommendation...