Privacy protects the accused against false allegations

I have read with interest over the past several days The Chronicle's articles and editorial on the issues surrounding allegations of sexual discrimination in the physics department. Discrimination of any kind is intolerable, but particularly at a university whose values are based on a genuine belief in the merits of all individuals.

I do want to clarify one critical issue associated with our policies lest readers come away from the reporting with an important misunderstanding, particularly about the role of the Office of Institutional Equity in adjudicating allegations of discrimination and its commitment to both due process and privacy protection, consistent with University policy. As a matter of policy, our processes include strict privacy protection guidelines in order to protect both the accused and the accuser. We know from long experience that individuals who believe they have been discriminated against may feel uncomfortable coming forward unless they are assured various degrees of privacy. We also believe that the accused in such cases is entitled to appropriate protections so as to ensure that, if allegations are proven false, his or her good name and reputation are not unfairly and inappropriately damaged. These privacy protections do not minimize in any way the sanctions that can be imposed on an individual who is found to have acted in a discriminatory way, but they do ensure, consistent with many University policies, that we have ways to investigate fully complaints that are brought to us and to take appropriate actions in a way that does not violate the rights of the accused nor the accuser.

Nothing in Duke's privacy protection requirements diminishes the Office of Institutional Equity's commitment to provide an environment free of discrimination or to provide appropriate redress for those who have been victimized or those who have violated the community's norms by acting in a discriminatory manner. To argue that because the results of OIE's investigation do not become public, the office is not supporting those who have experienced discrimination or alleged it has occurred, is neither fair nor appropriate.

John Burness

Senior Vice President for Public Affairs and Government Regulations