Anti-discrimination Policy

Duke Law School is committed to providing students and graduates with equal opportunity to obtain employment without discrimination based on race, color, veteran status, religion, national origin, political affiliation, sex, sexual orientation, age or handicap.

In the Law School's view, the 'don't ask, don't tell' policy of the United States military constitutes or permits discrimination based on grounds of sexual orientation. The School nonetheless permits the military service to use its facilities for recruitment because the failure to do so would subject Duke University to the loss of substantial Federal funding.

Statement Adopted by the Faculty of Duke Law School

PART I. DUKE LAW SCHOOL POLICY & PROCEDURES FOR ADDRESSING STUDENT COMPLAINTS OF DISCRIMINATORY BEHAVIOR DURING THE RECRUITING PROCESS OR SUMMER EMPLOYMENT.

Download Duke's Discriminatory Behavior Complaint Form 2008-2009 (.pdf)

Preamble

As citizens of this community of integrity, responsibility, and honor, Duke Law students who believe they have been subject to, or have witnessed, discriminatory behavior during an interview for employment or internship, whether on-campus or elsewhere, during the recruiting process, or during their summer employment or internship, agree that they should not tolerate the actions of those who perpetrate such behavior. The Law School recognizes that such encounters are inherently challenging and personal for the individual involved and that individuals may respond differently to similar situations. At the same time, Duke Law School believes that there is an important interest in the Law School addressing incidents of discriminatory behavior, on behalf of the student(s) involved and the student body in general, attributed to employers that participate in on-campus events or that seek to hire Duke Law School students. Thus, this Policy seeks to encourage students to report incidents of discriminatory behavior, while balancing the personal concerns and interests of the individual involved with those of the current and future Duke Law School communities.

Procedure

A student who believes that he or she has been subject to, or has witnessed, discriminatory behavior in a situation described above is encouraged to address the situation with the offending person(s) or with a representative of that person's employer. In an interview context, for example, the student could notify the interviewer or a co-interviewer that the student found certain behavior to be discriminatory. During summer employment, the student could notify the hiring partner/manager or head of recruiting.
A student who believes that he or she has been subject to, or has witnessed, discriminatory behavior in these situations is also encouraged to complete a Complaint Form and to meet with a member of the Career Center to discuss the incident. In conjunction with such meeting, the student will be asked to complete a Complaint Form.
When meeting with a member of the Career Center and completing the Complaint Form, the student may request that no further Law School action be taken, and that the Complaint Form remain on file with the Law School for future reference. However, all Complaint Forms filed with the Career Center will be presented to the Student/Faculty Review Committee and, depending on the nature of the incident, the Student/Faculty Review Committee (the "Committee") may nonetheless deem further action necessary and would endeavor to act in close coordination with the student. The incident will also be included in a generalized manner in the Annual Report, described below.
Upon receipt of a Complaint Form, the Career Center and the Committee will review the incident and Complaint Form and may, if appropriate, initiate an investigation of the facts of the incident in collaboration with the student submitting the form.
In order for the Law School to take action in response to a complaint of discriminatory behavior, the student must complete the Complaint Form, or a functional equivalent, and meet with a member of the Career Center staff to discuss the incident. The Career Center and Committee will work with the student to maintain the student's anonymity.
Students are encouraged to hold such meeting and complete a Complaint Form within 48 hours of, but no longer than 14 days from, the incident in order to facilitate the appropriate handling of the matter. Upon receipt of a Complaint Form, the Career Center and Committee will address the matter as expeditiously as possible.

The Committee will include: The student(s) elected by their peers to the Faculty Committee on Student Career & Professional Development; the Chair of the Faculty Committee; and members of the Career Center.

Download Duke's Discriminatory Behavior Complaint Form 2008-2009 (.pdf)

Factors to be Evaluated

The Committee, in consultation with the Dean of the Law School as appropriate, is charged with recommending the Law School's response to the incident. In so doing, the Committee will evaluate factors including:

The nature of the violation or behavior
Whether the conduct is isolated or part of a pattern of violations
The extent of remedial measures initiated by the employer
Additional factors that may be relevant to the specific case

Possible Committee Recommendations

Based on its findings, the Committee will make a recommendation for the Law School's response that may include:

Maintaining a record of the violation but, at the request of the student filing the complaint, not contacting the employer directly.
Bringing the event to the employer's attention and asking the employer what measures it has taken or will take to address the situation.
Requiring that the employer report the violation to the employer's Executive Committee or Managing Partner.
Receiving assurances from the employer that additional internal measures have been or will be taken.
An agreement that the alleged offender will not interview at Duke for a prescribed period of time.

Additional recommendations that would be undertaken only in consultation with the Dean of the Law School include:

Publicizing 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.
Barring the 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 Committee feels that the employer's response is inadequate, the Committee may continue to pursue the matter and make subsequent recommendations for Law School action.

Annual Report

The Committee will prepare and distribute a report at least annually to the community describing recent policy violations that have been reported on a Complaint Form pursuant to this policy, along with measures recommended and/or taken by the Law School and the offending employer. Names of students will not be disclosed in such reports. Names of offending employers will also not be disclosed unless the Committee has previously recommended public disclosure.