ND must consider Harvard policies
Fritz Warfield
associate professor of philosophy
As has been widely reported, Harvard University has recently modified some of its student disciplinary procedures. As a result of the changes, Harvard will launch full hearings in cases in which sexual misconduct is alleged only if there is at least some corroborating evidence upon which to ground the charge and investigation. The reason for this requirement strikes many observers as obvious: in the absence of any corroborating evidence (examples: a confession, some physical evidence, a third party witness to relevant activity) those hearing and ruling upon the accusation would have to be able to "just see" who is telling the truth in order to reach a proper decision.
Most people agree that in some situations it is possible to "just see" who is telling the truth and who is not with a nontrivial degree of reliability even in the absence of corroborating evidence. The ability to do this with the high degree of certainty needed to morally and justifiably pass out severe punishments, however, is a magical ability that Harvard has determined its administrators lack.
As reported in the Aug. 28 edition of The Observer, Notre Dame sees no need for corroborating evidence before going ahead with full disciplinary procedures. Apparently Notre Dame administrators think they have the magical power that Harvard administrators lack. Or perhaps Notre Dame administrators see no moral problem with proceeding with potentially life-altering disciplinary hearings even in the absence of minimal corroborating evidence of guilt.
The small change at Harvard does not make Harvard's current disciplinary procedures a good model for Notre Dame or any other university (see Harvey Silverglate and Josh Gewold's essay in the Aug. 16 Chronicle of Higher Education for a discussion of difficulties that remain at Harvard). But on this particular matter, Harvard has made a significant improvement. It's too bad that Notre Dame will not do the same.
Fritz Warfield
associate professor of philosophy
Notre Dame
Sept. 1
All Viewpoint Stories for Monday, September 2, 2002
