The
department in a court filing urged a federal judge in Boston to
reject Harvard's claim that it could only be held liable for
retaliation by the Ivy League school itself, not by any of its
faculty members.
Harvard had made that argument in seeking to dismiss a lawsuit
filed in February that claimed John Comaroff, an anthropology
professor, for years kissed and groped students and threatened
to sabotage students' careers if they complained.
The Justice Department in a filing supporting Margaret
Czerwienski, Lilia Kilburn and Amulya Mandava argued that Title
IX of the Educational Amendments of 1972, protects students'
ability to report sex discrimination without fear of reprisal.
"For that to happen, schools must protect students who
participate in the Title IX process from retaliation and respond
effectively to known retaliatory acts of their employees," the
department said.
Harvard did not respond to requests for comment. Comaroff, who
is not a defendant, has denied harassing any student, and his
lawyers said a review by Harvard did not find him responsible
for retaliating against the plaintiffs.
In the lawsuit, the three plaintiffs they were among the
students who reported Comaroff to Harvard officials. Yet despite
those warnings, Harvard watched as he retaliated by ensuring the
students would have "trouble getting jobs," the lawsuit said.
The Justice Department's filing came after Comaroff returned to
the classroom Tuesday to teach his first course since being put
on administrative leave in January, prompting protests.
"We're glad to see the government affirm that Harvard cannot
skirt responsibility for the retaliatory actions of its
faculty," Russell Kornblith, the three students' lawyer, said in
statement.
(Reporting by Nate Raymond in Boston, Editing by Alexia
Garamfalvi, Richard Chang and Richard Pullin)
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