Suspension Statement

The following is a Memorandum of Understanding between the Faculty-student Subcommittee of Six and the Dean of the Faculty of Arts and Sciences:

On September 30, 1969, the Faculty of Arts and Sciences voted to authorize a six-man Faculty-student subcommittee of the Committee of Fifteen to act jointly with the Dean of the Faculty in invoking the power of temporary suspension against any student found violating the Resolution on Rights and Responsibilities adopted by the Faculty on June 9.

The purpose of temporary summary suspension is to provide a means, stronger than mere warnings but less severe than action by civil authorities by which to respond to actions that impede the performance of the essential tasks of the University.

On June 9, the Faculty expressed its awareness that occasions may arise when University authorities will have to resort to appropriate means other than University disciplinary procedures to control or terminate unacceptable activities: at the same time, the Faculty indicated its view that University disciplinary procedures, including temporary suspension should first be used whenever necessary.

The Committee of Fifteen has elected the six-man subcommittee, composed of three faculty members and three students, to consult with the Dean about the use of temporary suspension and what working arrangements are necessary to give effect of his power. This Memorandum of Understanding summarizes those arrangements.

Temporary suspension is a disciplinary action that has in effect, three components. These include a warning to those engaging in unacceptable activities that further disciplinary action will be brought against them: a notification that persistence in the unacceptable activity will make any disciplinary charges the more serious: and an injunction against stated forms of participation in the University community, these forms to be announced in writing later by joint action of the Dean of the Faculty and the Faculty student subcommittee of six. Temporary

suspension can be in effect only until the completion of regular disciplinary proceedings, which must begin within seven days.

Under normal circumstances, the power of temporary suspension will be exercised jointly by the Dean and a quorum of the subcommittee of six, which shall consist of two faculty and two students; when time is of the essence because of an emergency, one student and one faculty member will be deemed a quorum for consultation.

The Dean may of course take certain actions not involving temporary suspension without consultation. He may warn those engaging in unacceptable activities that they are liable to disciplinary action and he may, if he sees fit, initiate charges before the Committee of Rights and Responsibilities. In addition, the Dean may, in some special cases, use the power of temporary suspension without prior consultation with the subcommittee of six.

These special cases include those emergency circumstances in which the use of temporary suspension can prevent an imminent unacceptable activity: in which there is an on-going violation of academic freedom or freedom of speech: or in which violence is being used against any member or guest of the University.

The Dean will not temporarily suspend without consultation except in the cases described above with the additional qualification that he must consult if ready identification of persons responsible for unacceptable acts is impossible. The Dean and the members of the Subcommittee of Six agree that there is a special need for consultation in cases involving nonviolent interference with the freedom of movement of members or guests of the University or the nonviolent obstruction of the normal processes and activities of the University, as in the case of a building seizure.

In all cases involving temporary suspension, including those in which the Dean has had to act without consultation, the terms of the injunctive element of temporary suspension will be decided jointly by the Dean and the subcommittee of six as soon as possible after the power has been exercised. Possible injunctions include forbidding attendance at classes, participation in extra-curricular Harvard activities, appearance in stated buildings or on parts of University property, the residence in a house or dormitory. The subcommittee may also decide to impose no injunction.

The Dean may designate persons to act for him in these matters whenever circumstances make it impossible for him to act personally. In all cases and at all times, the Dean of the College will have the powers of temporary suspension in the same manner as the Dean of the Faculty.