Word: formalizing
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Dates: during 1980-1989
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...case reached the Supreme Court last Monday (it had been there once before), Autry's application raised a welter of arguments. But the court declined to grant a stay because fewer than four Justices indicated a belief that the issues would prove significant enough to merit a formal review. Autry would thus have died without a chance to file a fully argued petition...
University lawyers interviewed yesterday said they were still uncertain whether the court order covered only formal complaints or extended to informal complaints to Harvard officials...
Harvard's grievance procedure reflects a similar lack of understanding of the nature and extent of sexual harassment. RUS shares the University's concern with due process, and with protecting the rights of all parties in a formal complaint. However, we believe that the present procedure is heavily biased in favor of the harasser...
...Process. Harvard's approach to formal complaints violates ordinary conceptions of due process. In the legal system plaintiff and defendant are equally situated--each has an advocate and the case is decided by an impartial body which is not closely aligned with the interests of either party. Not only does Harvard not provide for victim advocacy, but several aspects of its approach give the harasser a privileged position vis-a-vis the victim...
...instance, once a formal complaint is filed, the University will ask the accused harasser for a written response. The harasser is therefore allowed to see the victim's complaint, but the victim is not necessarily allowed to see the harasser's response. Harvard thereby omits a critical component of due process; the right of each side to respond to the evidence gathered by the other...