Students Filed Title IX Complaints Against Kavanaugh to Prevent Him From Teaching at Harvard Law
In the days before Harvard Law School announced embattled Supreme Court nominee Brett M. Kavanaugh will not teach in Cambridge this January, undergraduates eager to block his return to campus struck on a new strategy: file Title IX complaints against the conservative judge.
Over the past week, several students filed formal complaints alleging Kavanaugh?s presence in Cambridge would violate Harvard?s policy prohibiting sexual and gender-based harassment ? though several Title IX experts said this strategy was unlikely to succeed.
Jacqueline L. Kellogg ?19 ? who said she has filed a complaint against Kavanaugh with the University?s Office for Dispute Resolution ? came up with the idea several days ago. She began urging fellow students to follow suit over the weekend, at one point sending an email to a group of students at the College and the Law School that offered specific instructions on how to bring a formal complaint to ODR.
By the time The Crimson reported late Monday that Kavanaugh had left his teaching position at the Law School, at least 48 students had signed an online petition certifying they had filed a Title IX complaint against the nominee. But at least one signatory said that not all of those who signed the petition had actually filed complaints as of Monday evening.
Kellogg and Julia B. Wiener ?19 ? who also signed the petition and filed a complaint against Kavanaugh ? both argued the nominee?s presence on campus would create a ?hostile environment? as defined in Harvard guidelines related to sexual harassment.
Some Harvard Law School professors were not sold on Kellogg and Wiener?s tactics.
Jeannie Suk Gersen, a professor at the Law School and a Title IX expert who has written extensively about Kavanaugh?s confirmation, said that ? while she supports the students? freedom to protest the nominee?s former teaching role at Harvard ? the notion of filing Title IX complaints is ?misplaced.?
?Such an abuse of process would undermine the legitimacy and credibility of complaints that the Title IX process is intended to deal with, as well as of the Title IX office to focus on its duties,? Suk Gersen wrote in an email. ?It might be effective in drawing further attention to some students? objection to Kavanaugh?s teaching appointment, but I don?t expect him to be found to have violated Harvard University?s Sexual & Gender-Based Harassment Policy based on the currently known public allegations against him.?
Janet Halley, another Law School professor with a background in Title IX law, also called the students? strategy of filing formal complaints unlikely to succeed.
?I urge the students to divert their energy from this implausible claim that he?s going to create a sexually hostile environment by teaching at the Law School to the really grand issue of whether he?s fit to be in his current judgeship or promoted to the Supreme Court,? Halley said.
Had Kavanaugh not chosen to leave the Law School, administrators would have been forced to review students? complaints under the school?s Title IX procedures. It is unclear what will become of the complaints now that the nominee has severed his ties to Harvard.
https://www.thecrimson.com/article/2018/10/2/students-file-title-ix-against-kavanaugh/