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Can official reporting procedures for sexual harassment be trusted?

In our newest “how can we help you?” thread, a reader asks:

I would like to ask about the attitude toward sexual harassment in North American philosophy. A friend of mine has recently experienced something involving a professor. After hearing about other students’ experiences, she feels unsure about trusting official reporting procedures. At the same time, she is worried that, in academia, if a well-known philosopher commits this kind of misconduct, people might not take it seriously.

Do any readers have helpful insights to share?

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8 responses to “Can official reporting procedures for sexual harassment be trusted?”

  1. Anonymous

    Extremely cynical but I think correct take incoming: If what happened to your friend is the kind of illegal thing that police/the courts care about (e.g. rape), I will say this: I do not trust the police AT ALL about rape or sexual assault cases, and its difficult to get guilty verdicts in the courts. It still seems to me (and many who give advice about this) that it is more likely to get you something that way than reporting to a university. EOO and Title IX offices (and administrators who have input into consequences etc.) are typically concerned with protecting the university legally above all else — they care much less about student or the perpetrator and much more about their image and not losing money in a lawsuit. I would still personally report something, but I would take stock before getting involved in an actual internal case. Also, if you look at the major cases in which people have actually been fired, it is almost always (in keeping with what I say above!) because the case has been publicized in the media so it now shifts the priorities of the university’s self-protection to protecting their image. So, I suspect publicizing, if possible without too much damage to the student, is the single most effective thing you can probably do (the student would also need to go through the reporting process and participate in the case in that situation though).

    Reply
  2. Anonymous

    Can I ask a question: what sort of “trust” is the OP inquiring about? Trust that there will be an investigation? Trust that the procedures will treat them fairly? Trust that, if there is found to be a violation, the offender will be subject to serious consequences? Trust that their identity will remain anonymous? Trust that there will not be professional blowback?

    I promise that this is a sincere inquiry!

    Reply
    1. Anonymous

      I’m not OP, but I I imagine that they would like all of these questions answered if possible

      Reply
  3. Anonymous

    Universities in the U.S. are required to follow procedures outlined in a law called “Title IX” when it comes to cases of sexual assault and sexual harassment. The procedures are implemented a little differently at each university, but (almost all the time) such cases are taken seriously and investigated carefully. These investigations lead to a judgement that is based on a lower standard of proof than in legal cases (“preponderance of evidence” instead of “beyond a reasonable doubt”). Typically, they get the conclusion right (about who is guilty of what). Applying sanctions is a little less consistent, in part because university administration (usually the president, HR, the university’s lawyer, sometimes the provost) take the recommendation of the investigation and then can do more or less what they want. For employees found to have committed sexual assault or harassment, sanctions can range from a reprimand to suspension to “voluntary” retirement to firing. In the post-#metoo era, most universities are reluctant to seem to protect offenders. I encourage anyone who is a victim of sexual assault or sexual harassment on a U.S. campus to have a conversation with the Title IX officer and explore their options.

    Reply
  4. Anonymous

    In an extremely simplified manner without knowing more details, I’d say that you can generally trust, but not too much. I mean: don’t get your hope high in that anything will be done. Also you may expect backfire if your report is perceived as wrong accusation. That being said, don’t worry too much. The officials are generally supportive (even if eventually nothing is done).

    Reply
  5. Full prof

    My university’s Title IX office cannot be trusted to do a good and non-biased job. It’s a disaster.

    Reply
  6. Anonymous

    I’m very sorry to hear about that. When I was a grad student in the US, we had a Title IX proceeding that resulted in a senior faculty member being fired. However, the issues had been going on for a very long time. I think the reason it finally worked is that we had a critical mass of grad students who were willing to participate in the proceedings. The Title IX people also had records of similar complaints having been made previously.

    It’s clearly more difficult for a single person if you don’t know whether others have had similar issues. However, my sense is that people who engage in sexual harassment are usually serial offenders, so asking around a trusted friend network might be worthwhile. I would consider reaching out to the Title IX office (or equivalent in another country) and just asking what reporting options are available. There is usually a way to file an anonymous complaint, which likely does not result in disciplinary action but is then on the record in case similar complaints occur in the future. If they wish to remain anonymous, they should also be aware that in some cases, discussing what happened (e.g., with other faculty) might lead to mandatory reporting. Again, these types of policies should be clarified with the relevant university office.

    My sense was that most people in the profession, especially younger people, take sexual harassment seriously and are sympathetic but that it’s difficult to get anything concrete done until there is an overwhelmingly large pattern of documented complaints.

    Reply
  7. Anonymous

    This is implicit in what some others have said, but it’s important to distinguish between reporting in the department and reporting in the university bureaucracy. Large institutions like Fortune 500 corporations and research universities have belatedly come to take sexual harassment seriously. Taking it seriously is part of socialization for professional managers and corporate officers. They know that if it’s ignored, it can lead to devastatingly bad press and lawsuits. As an attorney who has practiced employment law, I agree with those who tell you that you can trust the Title IX officer. The department (the chair, the graduate coordinator, anyone within the philosophy department) is not to be trusted. Irrespective of ideology, I was shocked, as a lawyer working on a PhD, by how little attuned humanities professors are to the prevailing white collar norms against sexual harassment or identity-based discrimination. Professors and department chairs cannot be trusted to handle accusations according to legal-compliance norms and may prioritize protecting friends or prestigious professors over legal compliance and HR best practices. The Title IX office can be trusted to care more about what the law requires than whether a harasser is friends with a famous professor at NYU.

    Reply

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