Page History

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Contact for:

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Academics

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Students

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Staff

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Janet Lockwood[ [email protected]

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mailto:[email protected]]

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(510) 987-9499

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Eric Heng[ [email protected]

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mailto:[email protected]]

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(510) 987-0239

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Rachael Howard[ [email protected]

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mailto:[email protected]]

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(510) 987-9859

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II. DEFINITIONS

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1. 1. The Respondent's belief arose from the Respondent's own intoxication or recklessness;
   2. The Respondent did not take reasonable steps, in the circumstances known to the Respondent at the time, to ascertain whether the Complainant affirmatively consented; or
   3. The Respondent knew or a reasonable person should have known that the Complainant was unable to consent because the Complainant was incapacitated, in that the Complainant was:
      1. Asleep or unconscious;
      2. Due to the influence of drugs, alcohol, or medication, unable to understand the fact, nature, or extent of the sexual activity; or
      3. Unable to communicate due to a mental or physical condition.

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• • • Overcoming the will of Complainant by:
      • Force (the use of physical force or inducing reasonable fear of immediate or future bodily injury);
      • Violence (the use of physical force to cause harm or injury); o Menace (a threat, statement, or act showing intent to injure); o Duress (a direct or implied threat of force, violence, danger,
      • hardship, or retribution that is enough to cause a reasonable person of ordinary sensitivity, taking into account all circumstances including age and relationship, to do or submit to something that they would not otherwise do).
      • Deliberately causing a person to be incapacitated (through drugs or alcohol);
    • Intentionally taking advantage of the other person's incapacitation (including voluntary intoxication).
    • Recording, photographing, transmitting, or distributing intimate or sexual images without the prior knowledge and consent of the parties involved.

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1. Sexual Harassment:
   1. Sexual Harassment is unwelcome sexual advances, unwelcome requests for sexual favors, and other unwelcome verbal, nonverbal or physical conduct of a sexual nature when:
      1. Quid Pro Quo: a person's submission to such conduct is implicitly or explicitly made the basis for employment decisions, academic evaluation, grades or advancement, or other decisions affecting participation in a University program; or
      2. Hostile Environment: such conduct is sufficiently severe or pervasive that it unreasonably denies, adversely limits, or interferes with a person's participation in or benefit from the education, employment or other programs and services of the University and creates an environment that a reasonable person would find to be intimidating or offensive.
   2. Consideration is given to the totality of the circumstances in which the conduct occurred. Sexual harassment may include incidents:
      1. Between any members of the University community, including faculty and other academic appointees, staff, student employees, students, coaches, residents, interns, and non-student or non- employee participants in University programs (e.g., vendors, contractors, visitors, and patients);
      2. In hierarchical relationships and between peers; and
      3. Between individuals of any gender or gender identity.
   3. This Policy shall be implemented in a manner that recognizes the importance of the rights to freedom of speech and expression and shall not be interpreted to prohibit expressive conduct that is protected by the free speech and academic freedom principles discussed in Section III.F.
2. Other Prohibited Behavior
   1. Invasions of Sexual Privacy
      1. Without a person's consent, watching or enabling others to watch that person's nudity or sexual acts in a place where that person has a reasonable expectation of privacy;
      2. Without a person's consent, making photographs (including videos) or audio recordings, or posting, transmitting or distributing such recorded material depicting that person's nudity or sexual acts in a place where that person has a reasonable expectation of privacy; or
      3. Using depictions of nudity or sexual activity to extort something of value from a person.
   2. Sexual intercourse with a person under the age of 18.
   3. Exposing one's genitals in a public place for the purpose of sexual gratification.
   4. Failing to comply with the terms of a no-contact order, a suspension of any length, or any order of exclusion issued under this Policy.

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1. The following employees who receive reports in their confidential capacity include:
   1. CARE Advocates,
   2. Ombuds,
   3. Licensed counselors in student counseling centers and in employee assistance programs,
   4. Any persons with a professional license requiring confidentiality (including health center employees but excluding campus legal counsel), or someone who is supervised by such a person.
2. Designation as a "Confidential Resource" for purposes of this Policy only exempts a person from reporting to the Title IX office but not from other mandatory reporting obligations under UC CANRA (Child Abuse and Neglect Reporting Act) Policy, the Clery Act as a Campus Security Authority (CSA), and other policies or laws that require reporting to campus or local law enforcement, or Child Protective Services.

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1. Any University employee who is not a Confidential Resource and who receives, in the course of employment, information that a student (undergraduate, graduate, or professional) has suffered sexual violence, sexual harassment or other prohibited behavior shall promptly notify the Title IX Officer or designee. This includes Resident Assistants, Graduate Teaching Assistants, and all other student employees, when disclosures are made to any of them in their capacities as employees.
2. In addition, the following who, in the course of employment, receive a report of Prohibited Conduct from any other person affiliated with the University shall notify the Title IX Officer or designee:
   1. Campus Police
   2. Human Resource Administrators, Academic Personnel, and Title IX Professionals
   3. Managers and Supervisors including Deans, Department Chairs, and Directors of Organized Research Units (ORU)
   4. Faculty members

III. POLICY STATEMENT

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1. 1. Immunity: To encourage reporting, neither a Complainant nor witness in an investigation of sexual violence will be subject to disciplinary sanctions for a violation of the relevant University conduct policy at or near the time of the incident, unless the violation placed the health or safety of another at risk; involved plagiarism, cheating, or academic dishonesty; or was otherwise egregious.

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1. 1. Retaliation: Retaliation against someone for reporting or participating in an investigation and related processes is prohibited. (See Section II.B. Prohibited Conduct in this Policy.)

1. 1. Privacy: The University will protect the privacy of individuals involved in a report of Prohibited Conduct to the extent permitted by law and by University policy and procedures. However, it should be recognized that an investigation may involve interviews with a number of persons to inquire if they have relevant evidence, and extremely sensitive information may be gathered. While such information is considered confidential, University policy may also require the disclosure of certain information during or following an investigation.

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IV. COMPLIANCE / RESPONSIBILITIES

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V. REQUIRED PROCEDURES

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1. Reporting
   1. Any person may make a report, including anonymously, of Prohibited Conduct to the Title IX Officer, or to any Responsible Employee, or to another appropriate office such as the Academic Personnel Office, Student Affairs, Office of the Provost, or to the Human Resources Office. The report shall be sent forward to the Title IX Officer. If the person to whom a report normally would be made is the Respondent, reports may be made to another Responsible Employee.
   2. Timelines for Making Reports. While there is no time limit for reporting, reports of Prohibited Conduct should be brought forward as soon as possible; all incidents should be reported even if significant time has elapsed but prompt reporting will better enable the University to respond, investigate, provide an appropriate remedy, and impose discipline if appropriate.

1. Initial Assessment of a Report. As soon as practicable after receiving a report, the Title IX Officer will make an initial assessment of the report to determine whether the report, on its face, alleges an act of Prohibited Conduct as defined in Section II; and (ii) such conduct has a sufficient nexus with the University for it to intervene. The Title IX Officer may consult with appropriate academic officers for faculty and other academic appointees' complaints, with Student Affairs Offices for student complaints, and with Human Resources, or Employee and Labor Relations Offices for staff complaints.
   1. Immediate Health and Safety: The Title IX Officer, in coordination with the Case Management Team (see Section V.B.5.), shall make an immediate assessment concerning the health and safety of the individual and the campus community, implement temporary remedies immediately necessary (including no contact orders), and provide to the Complainant a written explanation of rights and reporting options (including the right to make reports to the police), and available campus and community resources. Also see Location Responsibilities in Section V.B and Appendix III.
   2. Jurisdiction over Reports of Prohibited Conduct: The University has jurisdiction over alleged violations of this Policy that occur on University property (such as offices and residence halls) or in connection with University activities, programs, or events. In addition, the University may exercise jurisdiction over conduct that occurs off-campus but affects the learning or working environment; or (ii) that would violate other University Policies had it occurred on campus, (see Section 101.00 of the Policy on Student Conduct and Discipline).
2. Required Notifications
   1. Individuals making reports shall be informed about:
      1. Confidentiality of reports, including when reports cannot be kept confidential.
      2. The range of possible outcomes of the report, including Health and Safety measures, remedies, and disciplinary actions that may be taken against the Respondent, and information about the procedures leading to such outcomes.
   2. If the report results in a Formal Investigation see Section V.4.b., after the conclusion of the investigation, the Complainant and Respondent will be simultaneously informed in writing of:
      1. The outcome of the investigation and its rationale;
      2. Any available appeal rights and procedures; and
      3. How to obtain a copy of the Investigation Report, which may be redacted as necessary to protect privacy rights. (See APM-160 and other University policies governing privacy.)
   3. If the matter results in a disciplinary proceeding, at the conclusion of that proceeding the Complainant and the Respondent will be simultaneously informed in writing of:
      1. The outcome of the disciplinary proceeding, including the final determination with respect to the alleged offense, any sanction that is imposed, and the rationale for the results;
      2. Any available appeal rights and procedures; and
      3. Any subsequent change to the results and when results will become final.
   4. The Complainant will be sent a notice documenting any individual remedies offered to the Complainant, and other steps taken to eliminate the effects of the violation. The Respondent will be informed of no contact orders affecting them, but should not be notified of other individual remedies offered or provided to the Complainant.
3. Overview of Resolution Processes. Reports of Prohibited Conduct may be addressed through Alternative Resolution, Formal Investigation or, a separate employee grievance or complaint process.
   1. Alternative Resolution
      1. After a preliminary assessment of the facts, and, if useful, in consultation with other offices depending on whether the Complainant and Respondent are faculty, other academic appointees, staff, student employees, or students, the Title IX Officer may initiate an Alternative Resolution process, which may include:
         1. Mediation (except in cases of sexual violence);
         2. Separating the parties;
         3. Providing for safety;
         4. Referring the parties to counseling;
         5. Referral for disciplinary action;
         6. A settlement agreement;
         7. Conducting targeted preventive educational and training programs; and
         8. Conducting a follow-up review to ensure that the resolution has been implemented effectively.
      2. Alternative Resolution may be especially useful when: a report is made by a third party or anonymously; a Formal Investigation is not likely to lead to a resolution; both parties prefer an informal process; or a case involves less serious violations. The Complainant has the right to request a Formal Investigation at any time, but the Title IX Officer has final authority for determining whether to initiate a Formal Investigation. Both the Complainant and Respondent may be accompanied by an advisor throughout the process.
   2. Formal Investigation
      1. If Alternative Resolution is inappropriate or unsuccessful, the Title IX Officer may initiate a Formal Investigation ("investigation") in coordination with other offices, depending on whether the Complainant and Respondent are faculty, other academic appointees, staff, or students. A Complainant's request for an investigation will be considered but is not determinative.
      2. If the Complainant requests that no investigation occur, the Title IX Officer shall determine whether the allegations nonetheless require an investigation to mitigate a potential risk to the campus community. If proceeding with an investigation without the participation of a Complainant, the Title IX Officer shall attempt to maintain the identity of the Complainant confidential from the Respondent or inform the Complainant that such confidentiality cannot be maintained. If determining not to proceed with an investigation, the Title IX Officer shall inform the Complainant that the ability to provide remedies may be limited, but the Title IX Officer shall nonetheless afford such remedies as are consistent with maintaining confidentiality and the absence of an administrative finding.
      3. When the Title IX Officer determines to conduct a Formal Investigation, the Complainant and Respondent will be provided with a written summary of the allegations, the procedures that will be followed, resources available to them, and a copy of the Policy.
      4. The investigation shall be completed promptly, typically within 60 business days of its initiation, unless extended by the Title IX Officer for good cause followed by written notice to the Complainant and Respondent of the reason for the extension and the projected new timeline. If the alleged conduct is also the subject of a criminal investigation, the Title IX Office will coordinate its investigation with the police but must nonetheless act promptly without delaying its investigation until the conclusion of the criminal investigation.
      5. The investigation generally includes interviews with the Complainant, the Respondent, and witnesses, if available, and a review of documents as appropriate. Disclosure of facts to persons interviewed shall be limited to what is reasonably necessary to conduct a fair and thorough investigation. Participants in an investigation may be advised to maintain confidentiality when essential to protect the integrity of the investigation.
      6. The Complainant or Respondent may have an advisor present when personally interviewed and at any related meeting. Other support persons may be allowed under other policies. Other witnesses may have an advisor present at the discretion of the investigator or as required by University policy or collective bargaining agreement.
      7. In cases where the investigation contemplates issues of academic merit or academic freedom, the investigator shall consult with the appropriate academic officer for relevant academic judgment.
   3. Grievance/Complaint Procedures for Employees. Instead of, or in addition to, reporting to the Title IX Officer or other Responsible Employee, a University employee who believes they have been subjected to Prohibited Conduct may file a grievance or complaint. That grievance or complaint must meet all of the requirements, including time limits for filing, under the applicable complaint resolution or grievance procedure listed in Appendix I: University Complaint Resolution and Grievance Procedures. Any such grievance or complaint will be forwarded to the Title IX Officer for processing under this Policy, and the grievance or complaint procedure will be held in abeyance pending resolution under this Policy. After completion of the process under this Policy, the grievance or complaint may be reactivated but only as a means of appeal.
4. The Investigation Report. In the event that a Formal Investigation is conducted, the investigator will prepare a written report that includes a statement of the allegations and issues, the positions of the Complainant and Respondent, a summary of the evidence, an explanation why any proffered evidence was not investigated, and findings of fact and an analysis of whether a violation has occurred. When both parties are students, the report will include a recommendation to the Student Conduct Officer regarding whether there are any policy violations. (See Appendix E: Sexual Violence and Sexual Harassment Student Adjudication Framework.) For all other matters the report will include an analysis and determination by the investigator of whether this Policy has been violated. The investigator will apply the preponderance of evidence standard.
5. Remedy
   1. If the Report finds Prohibited Conduct in violation of this Policy, the University shall take prompt and effective steps reasonably calculated to stop the violation, prevent its recurrence, and, as appropriate, remedy its effects. For a list of available remedies, see Appendix III.
   2. To the extent that the remedy has not already been provided, the Title IX Officer, in consultation with appropriate administrators, will oversee the implementation of this remedy.
6. Discipline
   1. The Title IX Officer shall forward the Investigation Report (with attachments and any necessary redactions) to the appropriate administrator responsible for discipline. The specific procedures for imposing discipline depend upon the nature of the Respondent's relationship to the University (student, faculty, other academic appointee, staff, or third party). If there is a question about the Respondent's relationship to the University, the Title IX Officer should indicate which role predominated when the Respondent engaged in the Prohibited Conduct. When a Respondent is both a student and an employee (such as a Teaching Assistant or Graduate Student Researcher), the Respondent may be subject to both the sanctions applicable to students and to employees.
   2. Any member of the University community who is found to have engaged in Prohibited Conduct (Section II) may be subject to disciplinary action, up to and including dismissal in accordance with the applicable University disciplinary procedure (Appendix II: University Disciplinary Procedures) or other policy.

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1. Designate and provide adequate resources and independence to a Title IX Officer. The responsibilities of the Title IX Officer include, but may not be limited to, the following duties:
   1. Coordinate compliance with Title IX, including investigations, reports and remedies.
   2. Coordinate with other responsible units to ensure that local sexual violence and sexual harassment prevention education and training programs are offered and provided, as required by the Policy.
   3. Provide educational materials to promote compliance with the Policy and familiarity with local reporting procedures.
   4. Provide training for University employees who are responsible for reporting or responding to reports of Prohibited Conduct.
   5. Provide prompt and equitable response to reports of Prohibited Conduct according to the Policy.
   6. Maintain records of reports of Prohibited Conduct at the location, as well as any actions taken in response to reports, including records of investigations, resolutions, and disciplinary action, in accordance with University records management policies.
   7. Identify and address any patterns or systemic problems that arise during the review of Prohibited Conduct reports.
   8. Post on the sexual violence website the names and contact information of the Title IX Officer and of additional designated, trained, sexual harassment or sexual violence advisors.
2. Designate persons who can offer confidential consultations, without reporting the incident to the Title IX Officer, to any member of the University community seeking information, or advice about making a report of Prohibited Conduct. Each location will post information about how and where to contact confidential resources on its website.
   1. Individuals who consult with such confidential resources will be advised that their discussions in these settings are not considered actual reports of Prohibited Conduct and that without additional action by the individual, these discussions will not result in any formal action by the University to resolve their concerns.
3. Establish an independent, confidential Advocacy Office for addressing sexual assault, dating violence, domestic violence, and stalking called CARE: Advocacy Office for Sexual and Gender-Based Violence and Misconduct.
4. Provide a "Respondent Services Coordinator" that facilitates fair and equitable services for the Respondent.
5. Establish a response team model consisting of two teams:
   1. A Case Management Team (CMT) which maintains consistent coordination of reported sexual violence cases, ensures all cases are addressed promptly and equitably, and ensures the response is trauma-informed; and

1. 1. A Coordinated Community Review Team (CCRT) responsible for a campus collaborative approach to preventing and addressing sexual violence. The CCRT serves in an advisory capacity to campus leadership and community members about best practices in policies, education, prevention and response to sexual violence.
   2. Note: The requirements of #3, 4, and 5 above are for locations with students only. However, ANR, UCOP, and LBNL should coordinate delivery of these services with associated campuses or affiliated organizations.
2. Provide mandatory annual training and education, about Prohibited Conduct and how such conduct can be reported, to all students, faculty, other academic appointees, and staff in accordance with applicable State and federal law, and University policies.
   1. Offer primary prevention programs and awareness campaigns to the University community to promote ongoing awareness of sexual violence, including preventing dating violence, domestic violence, sexual assault, and stalking. These campaigns will include, but are not limited to, education about the definition of consent, consensual relationships, options for bystander intervention, trauma-informed approaches, and risk reduction awareness information. These programs are to promote behaviors that foster healthy and respectful relationships while also encouraging a safe environment for bystanders to intervene in a potential case of dating violence, domestic violence, sexual assault, or stalking.
3. Follow University established and approved processes for investigation, adjudication, and sanctioning.
4. Provide comprehensive, regular training with a trauma-informed perspective for individuals responsible for responding to reports of Prohibited Conduct, including Advocacy and Respondent services, Alternative Resolution and Formal Investigation processes, and the hearing, remedy, discipline and appeal processes.
5. Publicize a location-specific process for reporting incidents of Prohibited Conduct.
6. Provide written explanation of rights and available options as outlined in this Policy including:
   1. How and to whom to report alleged violations.
   2. Options for reporting to and/or notifying law enforcement and campus authorities; the right to be assisted by campus authorities in notifying law enforcement authorities, if the Complainant so chooses; and the right to decline to notify such authorities.
   3. The rights of Complainants regarding orders of protection, no contact orders, restraining orders, or similar orders issued by criminal or civil courts, as well as the University's responsibilities to comply with such orders.
   4. The importance of preserving evidence that may assist in proving that a criminal offense occurred or in obtaining a protection order.
   5. Counseling, health assistance, mental health assistance, victim advocacy, legal assistance, visa and immigration assistance, and other services available within both the University and the community.
   6. Options for, and available assistance to change academic, living, transportation, and working situations, if the Complainant requests and if such options are reasonably available—regardless of whether the Complainant chooses to report the crime to campus police or local law enforcement.
   7. Applicable procedures for institutional disciplinary action.
7. Distribute and post this Policy. Each location is required to distribute this Policy to students, faculty, other academic appointees and staff, by such means as websites, student information boards, student handbook, faculty handbook and staff websites and information boards and during training and student orientation.

VI. RELATED INFORMATION

1. 1. University of California Standards of Ethical Conduct
   2. University of California Statement of Ethical Values

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1. Nondiscrimination Policy Statement for University of California Publications Regarding Student-Related Matters
2. Personnel Policies for Staff Members 12 (Nondiscrimination in Employment)
3. Business and Finance Bulletin RMP-2: Records Retention and Disposition: Principles, Processes, and Guidelines
4. Policy on Student Conduct and Discipline
5. Student-Related Policy Applying to Nondiscrimination on the Basis of Sex
6. University of California Nondiscrimination and Affirmative Action Policy Regarding Academic and Staff Employment
7. UC Business and Finance Bulletin RMP-8, Legal Requirements on Privacy of and Access to Information
8. University of California Policies Applying to Campus Activities, Organizations, and Students
9. University of California Non-Discrimination Policy

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1. Government Code 12950.1
2. [Violence Against Women Reauthorization Act (VAWA) of 2013

https://www.justice.gov/tribal/violence-against-women-act-vawa-reauthorization-2013-0]

VII. FREQUENTLY ASKED QUESTIONS

1. Who can be considered an advisor as described in this Policy?

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1. What is a "result" or "outcome" of a disciplinary proceeding?

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1. How is "nudity" defined for the purposes of this Policy?

"Nudity" means the absence of an opaque covering which covers the genitals, pubic hair, buttocks, perineum, anus or anal region of any person or any portion of the breast at or below the areola thereof of any female person.

1. Why might Sexual Contact constitute sexual violence in some cases but sexual harassment in others?

Sexual contact encompasses a broad spectrum of conduct, some of which constitutes sexual assault, but some of which is treated as sexual harassment. One example of sexual contact that could be considered as sexual assault is when a Respondent is accused of groping the Complainant's breast under the Complainant's clothing and without consent. By contrast, an allegation that the Respondent patted the Complainant's buttocks over the Complainant's clothing could be considered under the sexual harassment definition. While the example of groping might be resolved through a Formal Investigation, the patting example would generally be handled through Alternative Resolution. The Title IX Officer will review all sexual contact allegations to determine the best procedure for resolving the report based on the totality of the circumstances.

1. Does Sexual Assault also include "rape" and "sexual battery" as those terms are used in the criminal law context?

Yes. The types of conduct prohibited by this Policy include "rape" and "sexual battery" as defined in the Penal Code. This Policy also prohibits additional types of nonconsensual sexual contact. For additional assistance with any questions about whether a specific type of conduct violates this Policy, or the law, please contact your local CARE Advocate, UC Police, or Title IX Officer.

1. If an incident of sexual harassment or sexual violence is reported to the Title IX Officer by a third party who was not the subject of the alleged conduct, must that party be notified of the outcome of an investigation or disciplinary proceeding?

No. The disclosure of the outcome should be given to the Respondent and the individual who was the subject of the alleged conduct.

1. Once the outcome of an investigation or disciplinary proceeding under this Policy is disclosed to the Complainant, can the Complainant be asked to keep this information confidential?

The Complainant can be advised of the confidential and sensitive nature of personnel and student disciplinary matters that arise under this Policy, and in appropriate circumstances, such as in connection with a settlement of a matter, may be asked not to further disclose it.

1. Does the University need to conduct a Title IX investigation if a criminal investigation is taking place?

A criminal investigation is intended to determine whether an individual violated criminal law; and, if at the conclusion of the investigation, the individual is tried and found guilty, the individual may be imprisoned or subject to criminal penalties. The University has a duty under Title IX to resolve complaints promptly and equitably and to provide a safe and nondiscriminatory environment for all students, free from sexual harassment and sexual violence. Because the purposes and the standards for pursuing and completing criminal investigations are different from those used for Title IX investigations, the termination of a criminal investigation without an arrest or conviction does not affect the location's Title IX obligations. Even if a criminal investigation is ongoing, the University must still conduct its own Title IX investigation. The University should notify Complainants of the right to file a criminal complaint and should not dissuade a Complainant from doing so either during or after the location's internal Title IX investigation. Title IX does not require a location to report alleged incidents of sexual violence to law enforcement, but the University has reporting obligations under federal, State, or local laws, such as the Clery Act and the California Child Abuse and Neglect Reporting Act (CANRA), and may report alleged incidents of sexual violence to law enforcement pursuant to memoranda of understandings between the University and the police.

1. How should the University proceed when campus or local law enforcement agencies ("police") are conducting a criminal investigation while the University is conducting a parallel Title IX investigation?

If the alleged conduct by the Respondent is also the subject of a criminal investigation, the Title IX Office will coordinate its investigation with the police. The fact-finding portion of a Title IX investigation may be delayed temporarily while the police are gathering evidence. During this delay in the Title IX investigation, appropriate interim measures may be put in place to protect the Complainant. The length of time for evidence gathering by criminal investigators will vary depending on the specific circumstances of each case.

1. Is the University required to investigate information regarding sexual violence incidents shared by survivors during public awareness events, such as "Take Back the Night"?

Responsible employees are not required to report incidents that they become aware of while attending a public awareness event, such as "Take Back the Night" and statements made about incidents during such events will not require an investigation unless the survivor initiates a complaint.

1. Why is the University mandating annual training and education in the areas of sexual violence and sexual harassment?

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REVISION HISTORY

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• University of California Policy on Sexual Harassment, dated February 10, 2006

• University of California Procedures for Responding to Reports of Sexual Harassment, dated December 14, 2004

• University of California Policy on Sexual Harassment and Complaint Resolution Procedures, dated April 23, 1992

• University of California Policy on Sexual Harassment and complaint Resolution Procedures, dated March 10, 1986

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Revision Description

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IX. ROLES AND RESPONSIBILITIES

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X. RECORDKEEPING REQUIREMENTS

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XI. IMPLEMENTING DOCUMENTS

None

XII. CONTACT INFORMATION

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APPENDIX I: APPLICABLE COMPLAINT RESOLUTION AND GRIEVANCE POLICIES

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APPENDIX II: UNIVERSITY DISCIPLINARY PROCEDURES

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1. The Faculty Code of Conduct (APM - 015) (as approved by the Assembly of the Academic Senate and by The Regents) Establishes the ethical and professional standards which University faculty are expected to observe.

Because the forms of unacceptable behavior listed in The Faculty Code of Conduct also apply to sexual violence or sexual harassment, a violation of the University's Policy on Sexual Harassment and Sexual Violence may constitute a violation of the Faculty Code of Conduct. The University Policy on Faculty Conduct and the Administration of Discipline (APM - 016), as approved by the Assembly of the Academic Senate and by The Regents, outlines sanctions and disciplinary procedures for faculty.

1. Provisions of the policy on Non-Senate Academic Appointees/Corrective Action and Dismissal (APM - 150) (non-exclusively represented academic appointees) and collective bargaining agreements (exclusively represented academic appointees) allow for corrective action or dismissal for conduct which violates University policy.

1. Appendix E: Sexual Violence and Sexual Harassment Student Adjudication Framework of the Policies Applying to Campus Activities, Organizations, and Students sets forth the University's procedures for resolving complaints of sexual violence and sexual harassment where the parties are both students, including the discipline of students found in violation of University Policy. See also, the Policy on Student Conduct and Discipline.

1. Provisions of the Personnel Policies for Staff Members, and the Lawrence Berkeley National Laboratory personnel policies (applicable to non-exclusively represented staff employees), and collective bargaining agreements (applicable to exclusively represented staff employees) prohibit conduct that violates University policy for sexual violence or sexual harassment and provide for disciplinary action for violating University policy.

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APPENDIX III: INTERIM MEASURES AND REMEDIES

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1. Campus Services Generally: academic support including tutoring, counseling, disability services, health and mental health services, family planning services, survivor advocacy, housing assistance, legal assistance, information about the right to report a crime to campus or local law enforcement, and written materials prepared by the Title IX Officer pursuant to V.B of the Policy.
2. Campus Services Modified for Students:
   1. If a campus service is not generally available or a fee is imposed, access may be arranged or fees waived when appropriate.
   2. Comprehensive, holistic survivor services including additional medical, counseling and academic support services.
   3. Any other accommodations or interim measures that are reasonably available once a Complainant has requested them.
3. Additional Educational Remedies for Students:
   1. Change advisors, class sections and similar schedule adjustments.
   2. Arrange extra time to complete academic requirements of a class or program, to re- take a class or withdraw from a class and to do without an academic or financial penalty if the University delayed such accommodations after it reasonably should have known of the violation.
   3. Review any disciplinary actions taken against the Complainant subsequent to the alleged violation to determine whether there is a causal connection between the violation and the Complainant's misconduct.

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1. Complainant and Respondent Options:
   1. The Title IX Officer will ensure the Complainant and Respondent have been notified of options to avoid contact and assist the Complainant and Respondent to change academic and extracurricular activities or living, transportation, dining, and working situations as appropriate,
   2. Assist the Complainant and Respondent to apply for no contact orders; and,
   3. When appropriate, arrange for effective escort services to ensure that the Complainant and Respondent can move safely between classes and activities.
2. Respondent's Restrictions (some of which may be recommended by Title IX Officer, all of which may be implemented by agreement, and the more serious of which may be imposed only pursuant to Discipline):
   1. Allow the Complainant to take the regular sections of courses while arranging for the Respondent to take the same courses online or through independent study;
   2. Moving the Respondent to a different residence hall;
   3. Forbidding the Respondent to participate in specific athletic or extracurricular events or social clubs (including fraternities or sororities);
   4. Requiring that the Respondent observe no contact orders from the Complainant for a period of time (up to the Complainant's graduation or other departure from the campus) via scheduling or class changes;
   5. Prohibiting the Respondent from attending classes for a period of time, or transferring the Respondent to another campus; and
   6. If a Respondent presents an ongoing safety risk, excluding the Respondent from campus.

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Source Requirements Documents

• University of California Standards of Ethical Conduct
• University of California Statement of Ethical Values
• Nondiscrimination Policy Statement for University of California Publications Regarding Student-Related Matters
• Personnel Policies for Staff Members 12 (Nondiscrimination in Employment)
• Business and Finance Bulletin RMP-2: Records Retention and Disposition: Principles, Processes, and Guidelines
• Policy on Student Conduct and Discipline
• Student-Related Policy Applying to Nondiscrimination on the Basis of Sex
• University of California Nondiscrimination and Affirmative Action Policy Regarding Academic and Staff Employment
• UC Business and Finance Bulletin RMP-8, Legal Requirements on Privacy of and Access to Information
• University of California Policies Applying to Campus Activities, Organizations, and Students
• University of California Non-Discrimination Policy
• Government Code 12950.1
• Violence Against Women Reauthorization Act (VAWA) of 2013

Implementing Documents

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Laurie Westphal/Christel Cantlin

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Sexual Harassment

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