Nancy Gertner

Nancy Gertner is a professor at Harvard Law School and a retired federal judge.

 

Recent Articles

Gertner Responds to Brodsky on University Rules for Campus Sexual Assault Justice

The author took issue in the Prospect with Harvard's new guidelines for disciplinary proceedings in campus rape cases. Alexandra Brodsky offered an opposing view on our website. 

(Photo/Omer Kabir via Flickr)
On January 21, we published Alexandra Brodsky's article, Fair Process, Not Criminal Process, Is the Right Way to Address Campus Sexual Assault , which included criticism of the point of view taken by Nancy Gertner in her longform essay, Sex, Lies and Justice , which appears in the Winter 2015 issue of The American Prospect magazine. Herewith, Gertner's response to Brodsky. I applaud Alexandra Brodsky’s very thoughtful piece, although her account of my perspective is skewed. I did not suggest that campus investigations of accusations of sexual assault “look like trials,” that they be the functional equivalent of a criminal trial model. And I surely agree that procedural protections run along a sliding scale: The more serious the stakes, the harder we make it to prove a case. My point was that with the Harvard proposals [for procedures adjudicating sexual assault on campus], those “protections” slid all the way to the proverbial star chamber—an administrative proceeding, within a single...