Duke Law School Policy on Prohibited Discrimination, Harassment, and Related Misconduct during Student Recruiting
Duke University is committed to encouraging and sustaining a learning and work community that is free from prohibited discrimination and harassment.
Duke prohibits discrimination on the basis of age, color, disability, gender, gender identity, gender expression, genetic information, national origin, race, religion, sex, sexual orientation, or veteran status, in the administration of its educational policies, admission policies, financial aid, employment, or any other institution program or activity. Sexual harassment and sexual misconduct are forms of sex discrimination and prohibited by the institution. Duke’s policies should be read in a way consistent with all applicable federal and state laws addressing discrimination, harassment, and related misconduct. Duke’s policies shall also be applied in way that is consistent with the University’s principles of academic freedom. Duke University is committed to the free and vigorous discussion of ideas and issues, which the University believes will be protected by its policies.
All organizations using the facilities and services of Duke Law School in connection with the recruitment of law students must comply with the University’s Policy on Prohibited Discrimination, Harassment, and Related Misconduct. However, under threat of loss of federal funding pursuant to the Solomon Amendment, military recruiters will be permitted to recruit on campus even if certain of their hiring policies or practices may conflict with this nondiscrimination statement. This exception to the policy does not in any way reflect acceptance of, or agreement with, discriminatory hiring practices. Duke Law School will continue to support students, staff and faculty who feel they have been subjected to discriminatory hiring practices and encourage an inclusive, respectful and welcoming community.
Overview | Student Resources and Reporting Options | Procedures for Responding to Incident Report | Incident Report Resolution | Annual Report | Effective Date
The information that follows addresses discriminatory behavior by employers during the recruiting of Duke Law students, including summer employment, or employers using the services of Duke Law’s Career and Professional Development Center. The Duke Law Policy on Prohibited Discrimination, Harassment, and Related Misconduct during Student Recruiting (“Policy”) supplements Duke University’s Policy on Prohibited Discrimination, Harassment, and Related Misconduct, which preempts this Policy should a conflict arise. Students seeking information about policies and procedures on Prohibited Discrimination, Harassment, and Misconduct should consult the Office of Institutional Equity (“OIE”). OIE responds to and supports the prevention of complaints of discrimination, harassment, Title IX and other sexual misconduct.
Duke Law School believes that there is an important interest in the Law School addressing incidents of prohibited conduct, on behalf of the student(s) involved and the student body in general, which occur during the recruiting process, during an on- or off-campus interview for a summer internship or post-graduate employment, or during a summer internship. This Policy seeks to protect Duke Law students from discrimination, harassment, and related misconduct by employers as defined as “Prohibited Conduct” by Duke University’s Policy on Prohibited Discrimination, Harassment, and Related Misconduct. Duke encourages all individuals to seek the support of on- and off-campus resources. These resources can provide guidance on reporting options and information about available resources to assist you with your concern or question.
Duke Law is committed to:
- Sharing our policies on discrimination, harassment and related misconduct with employers recruiting at Duke Law and encouraging lawful inclusive recruiting practices.
- Providing supportive resources and clear reporting options for students who have disclosed a violation of this Policy by employers recruiting Duke Law students.
- Promptly reviewing allegations of Prohibited Conduct under this Policy.
II. Student Resources and Reporting Options
Duke encourages all individuals to seek the support of on- and off-campus resources, regardless of when or where the incident occurred. In lieu of or in addition to reporting Prohibited Conduct to the Law School using the reporting process described in this Policy, students can seek support by utilizing Confidential Resources at Duke. If you only access Confidential Resources, the Law School will not be aware of the incident. Students are encouraged to report all Prohibited Conduct to the Law School. Making a non-confidential report of Prohibited Conduct to the Law School means that the Reporting Student will be contacted to offer resources and support, and to identify the appropriate action to respond to the report as outlined in this Policy.
The following Duke resources can provide counseling, information, and support in a confidential setting. These confidential resources will not share information about a report of Prohibited Conduct without the student’s express written permission unless there is a continuing threat of serious harm to the student or to others or there is a legal obligation to reveal such information (e.g., suspected abuse or neglect of a minor).
- Student Health Services
- Counseling and Psychological Services
- The Women’s Center Gender Violence Prevention & Intervention (GVPI)
- Student Ombudsperson
- Clergy/Religious Life
Students should note that all faculty, employees with teaching or supervisory authority and graduate students with teaching or supervisory authority are Responsible Employees, among others. Responsible Employees are expected to be discreet but are required by the university to promptly consult with OIE, sharing known details about any incident that could be discrimination, harassment or a violation of Title IX and other sexual misconduct. Responsible employees are not confidential sources.
Employer Prohibited Conduct Incident Reporting
In order to maintain and support a community that is respectful and free from Prohibited Conduct and to maximize Duke’s ability to respond promptly and effectively, Duke urges students to come forward with reports of prohibited conduct as soon as possible. Students are encouraged to report employer related Prohibited Conduct by completing the Employer Prohibited Conduct Incident Report (“Incident Report”). Two Career and Professional Development Center staff members and the Director of Diversity Initiatives have been designated as Student Liaisons to answer student questions about reporting incidents through the process described in this Policy.
A student who believes that he or she has been subject to, or has witnessed, Prohibited Conduct (“Reporting Student”) is encouraged to complete an Incident Report and to meet with a Student Liaison. In this meeting, the Student Liaison will have the Reporting Student complete the Incident Report if not already completed, or to otherwise provide the information requested for the report. The Student Liaison will also offer resources and support to the Reporting Student.
Reporting of Prohibited Conduct through this Policy is non-confidential. All participants are encouraged to respect the privacy of the proceedings and circumstances giving rise to the Prohibited Conduct and to discuss the matter only with those persons who have a genuine need to know. Duke will attempt to preserve the privacy of the Reporting Student and/or respect a request for limited or no action in response to a report except when, in the University’s judgment, doing so would jeopardize the safety of members of the Duke community (including the Reporting Student) or where the University is required by law to disclose the information (such as in response to a legal process).
Career & Professional Development Center
Assistant Director & Senior Career Counselor
Duke Law School, Room 2015
Office of International Studies
Assistant Dean, International Studies
Duke Law School, Room 4067
III. Procedures for Responding to Incident Report
The Employer Prohibited Conduct Incident Review Committee (“Review Committee”) is charged with reviewing the reported Prohibited Conduct and identifying the appropriate action to respond to the report as outlined in these procedures. The Review Committee will include: the Director of the Career & Professional Development Center (“Review Committee Chair”); the Chair of the Faculty Committee on Student Career & Professional Development Center; designee of the Faculty Committee on Diversity & Inclusion; Student Liaisons; and one student representative.
- In order for the Law School to take action in response to a formal investigation of Prohibited Conduct, the Reporting Student must provide the information requested in the Incident Report and meet with the Student Liaison to discuss the incident. All Incident Reports filed, either individually or in conjunction with a meeting with the Student Liaison, will be presented to the Review Committee.
- The Reporting Student may choose how to proceed with regard to reporting the Prohibited Conduct, including requesting that no further Law School action be taken. The Incident Report will remain on file with the Law School with the understanding that the student may pursue action at a later time. Under some circumstances, the Review Committee may, despite the Reporting Student’s request, nonetheless deem further action necessary due to severity of the alleged conduct or risk of ongoing harm. The Review Committee would endeavor to act in close coordination with the Reporting Student and the incident will be included in a generalized manner in the Annual Report described below.
- Upon receipt of the Incident Report, the Review Committee will review the information provided about the incident and may, depending on the circumstances, initiate further action in collaboration with the Reporting Student. This may include taking interim measures to ensure the student’s safety. Upon receipt of an Incident Report, the Committee will notify the OIE about the Incident Report and, in appropriate cases, consult with OIE.
- The Review Committee will address the matter as expeditiously as possible.
IV. Incident Report Resolution
The Review Committee will review the Incident Report to determine the most appropriate manner for responding to the allegations. Some allegations may clearly fall outside the scope of this Policy and the Reporting Student will be promptly notified. At any time prior to the incident report resolution, the Reporting Student may withdraw the complaint. However, if the allegations or information obtained about the incident raise issues of potential serious concern to the Duke community or for other compelling reasons, the Review Committee may nonetheless proceed with a response.
The Review Committee, in consultation with the Dean of the Law School as appropriate, will recommend the Law School’s response to the incident. In determining the appropriate response from the Law School, consideration may be given to the nature of and circumstances surrounding the violation, the impact of a sanction on the student, whether the conduct is isolated or part of a pattern of violations, the extent of remedial measures initiated by the employer, Law School interests, and any other information deemed relevant to the specific allegations.
The Review Committee’s recommendations for the Law School’s response may (singly or in combination) include, but not limited to, those from the following list.
- Maintain a record of the Prohibited Conduct but, at the request of the Reporting Student, not contact the employer directly. The incident will also be included in a generalized manner in the Annual Report, described below.
- Bring the incident to the employer’s attention and request that the employer take measures to address the situation.
- Require confirmation that the employer has reported the incident to the employer’s senior leadership or executive committee.
- Prohibit the alleged offender from interviewing Duke Law students for a prescribed period of time.
- Additional recommendations that would be undertaken only in consultation with the Dean of the Law School may (singly or in combination) include, but not limited to, those from the following list.
- Publicize the name of the employer whose interviewer engaged in the behavior, and providing the employer an opportunity to communicate directly with the law school community.
- Prohibit employer from interviewing on campus, engaging in on campus activities or using law school services for a proscribed period of time. In most cases, this measure would only be appropriate if there were clear evidence of organizational policies or practices of discrimination.
As used in the context above, the term “employer” refers to the organization, not to the individual alleged offender. If the Review Committee feels that the employer’s response is inadequate, the Review Committee may continue to pursue the matter and make subsequent recommendations for Law School action.
As appropriate and legally permissible, the Reporting Student shall be notified of the outcome of the investigation, along with measures recommended and/or taken by the Law School, and measures taken by the employer.
V. Annual Report
The Review Committee will prepare and post a report at least annually to the Duke community describing Incident Reports reported pursuant to this Policy and whether a formal investigation was pursued, along with measures recommended and/or taken by the Law School, and measures taken by the employer, as appropriate. Names of students will not be disclosed in such reports. Names of offending employers will also not be disclosed unless the Review Committee has previously recommended public disclosure.
- 2021-22 Annual Report
- 2020-21 Annual Report
- 2019-20 Annual Report
- 2018-19 Annual Report
- 2017-18 Annual Report
- 2016-17 Annual Report
VI. Effective Date
This Policy and procedures are adopted effective July 1, 2021 and shall only apply prospectively.