UC Policy Summary
ALL STUDENTS ARE REQUIRED TO READ THIS POLICY.
The University of California ("University") is committed to maintaining a community dedicated to the advancement, application, and transmission of knowledge and creative endeavors through academic excellence, where all people who participate in University programs and activities can work and learn together in an atmosphere free of harassment, exploitation, or intimidation.
Sexual violence, sexual harassment, retaliation, and other behavior prohibited by the Sexual Harassment and Sexual Violence Policy ("UC Policy") interfere with those goals. The University will respond promptly and effectively to reports of such conduct. This includes action to stop, prevent, correct, and, when necessary, discipline behavior that violates the UC Policy.
This Policy addresses the University’s responsibilities and procedures related to sexual violence, sexual harassment, retaliation, and other prohibited behavior as those terms are defined in this Policy (together, Prohibited Conduct) in order to ensure an equitable and inclusive education and employment environment. The Policy defines Prohibited Conduct and explains the administrative procedures the University uses to resolve reports of Prohibited Conduct.
Note on Federal Regulations: The Title IX regulations issued by the US Department of Education ("DOE") that went into effect August 14, 2020, require the University to follow a specific grievance process ("DOE Grievance Process") in response to conduct covered by the regulations ("DOE-Covered Conduct"). The University advocated strongly for DOE to change some components of the DOE Grievance Process before DOE issued the regulations; DOE did not. Because compliance with the regulations is a condition of federal funding, the University has nonetheless revised its policies to fully implement them. This UC Policy is more expansive than the regulations in both conduct prohibited (described in Section II) and its coverage (described in Section III.B). So, the University will apply the DOE Grievance Process only when required in response to DOE-Covered Conduct. It will follow its existing processes for all other reports. Appendix IV describes how the University will determine whether it must apply the DOE Grievance Process.
— ADOPTED FROM POLICY SUMMARY, UNIVERSITY OF CALIFORNIA, OFFICE OF THE PRESIDENT, AUGUST 14, 2020
Purpose and Scope
The following UCEAP policy on sexual violence and sexual harassment ("Policy") is based on the UC Policy on Sexual Violence and Sexual Harassment.
The Policy applies to all University employees and undergraduate, graduate, and professional students ("students"), and third parties. Therefore, all participants in UCEAP programs and activities are covered by this policy and are strongly urged to use the options and resources listed below to seek help and resolve complaints. Every effort will be made to maintain the privacy of all parties involved in the process to the extent permitted by law.
General
UCEAP is committed to creating and maintaining a community free of sexual violence and sexual harassment.
Any member of the University community may report conduct that may constitute sexual violence, sexual harassment, retaliation, and other prohibited behavior ("Prohibited Conduct"). The University will respond promptly and equitably to such reports, and will take appropriate action to stop, prevent, and remedy the Prohibited Conduct, and, when necessary, to discipline the Respondent.
- Sexual Violence: Physical sexual acts without the consent of the other person or when the other person is unable to give consent. Sexual violence includes sexual assault, rape, domestic violence, dating violence, and stalking.
- Sexual Assault: When physical, sexual activity is engaged in without the consent of the other person or when the other person is unable to consent to the activity. The activity or conduct may include physical force, violence, threat, intimidation, ignoring the objections of the other person, causing the other person's intoxication or incapacitation (using drugs or alcohol), or taking advantage of the other person's intoxication (including voluntary intoxication).
- Sexual Harassment: Behavior such as unwelcome sexual advances, requests for sexual favors, and other conduct of a sexual nature. It is conduct that affects a person's employment or education or interferes with a person's work or educational performance or creates an environment that a reasonable person would find intimidating, hostile, or offensive. This policy statement and its procedures do not apply to students, faculty, and staff of host institutions abroad. The host university abroad follows its local policies regarding complaints within their campus community.
Policy Coverage
Refer to the UC SVSH Policy.
Definitions
Refer to the UC SVSH Policy.
Prohibited Conduct
The Policy prohibits sexual violence, sexual harassment, relationship violence, stalking, invasion of sexual privacy, retaliation, and other prohibited behavior as defined in the UC SVSH Policy.
Reporting
Below is an overview of procedures UCEAP uses to respond to reports of Prohibited Conduct. While the complainant’s campus Title IX Officer will have general responsibility for oversight of the reporting process and investigation of a report, UCEAP and the local UCEAP staff, faculty, or partners will facilitate the process, work on accommodations, ensure compliance with temporary measures as stipulated by the UC campus, and consult as necessary.
Contacts at the UCEAP Systemwide Office
Members of the University community can consult for advice and information on making a report of sexual harassment or sexual violence with the following contacts:
For UCEAP students:
Julie Pollard, International Health, Safety, and Crisis Management Director and Title IX Liaison
805-451-2519
Title_IX@uceap.universityofcalifornia.edu
For UCEAP staff and faculty:
Bryna Bock, Human Resources Director
Office: 805-893-3677
Mobile: 805-450-5031
bbock@uceap.universityofcalifornia.edu
Contacts for Students on UC Campuses
Students who prefer a confidential resource can reach out to their UC Campus CARE Advocate for confidential support and guidance. The advocate is a trained professional who can connect them with psychological counseling as well as explain medical, academic, legal, and reporting options.
Students accused of sexual violence or sexual harassment can contact their local Respondent Services Coordinator to help them understand their rights, the university’s investigation and adjudication process, and available resources. If you’re accused, it can be frightening. You may feel confused, angry, and defensive. It’s important to remain calm and cooperative. If you are accused, take the complaint seriously.
Reporting Sexual Violence and Sexual Harassment
Any member of the UCEAP community may report Prohibited Conduct under this Policy, including anonymously. They can report to the UCEAP Title IX Liaison, the UC campus Title IX Officer, to any Responsible Employee, or to another appropriate office, such as the Academic Personnel Office, Student Affairs, Office of the Provost, or Human Resources Office. The person or office that receives the report must forward it 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 or office. Upon receipt of a report of Prohibited Conduct from a Responsible Employee, the Title IX Officer will attempt to contact the complainant, if known, to inform them of their rights, options, and resources.
UCEAP Liaisons (Title_IX@uceap.universityofcalifornia.edu for students or bbock@uceap.universityofcalifornia.edu for staff/faculty) will engage the specific UC campus Title IX Officer and the campus designated investigator.
The decision to file a formal report or complaint about sexual violence and sexual assault is a personal choice. UCEAP Liaisons can help you understand your options and the resources available, whether you decide to report or not.
Depending on local privacy laws, the local UCEAP representative may need to ask the student for authorization to share with the UCEAP Title IX Liaison so the UC campus Title IX Officer can be notified. Together they’ll make an initial assessment, including a limited factual inquiry when appropriate, to determine how to proceed. The Title IX Officer will first assess the report to determine whether the alleged conduct is DOE-Covered Conduct and, if so, whether to begin a DOE Grievance Process or Alternative Resolution. This stage of the assessment is described in the Policy Appendix IV of the UC Sexual Violence and Sexual Harassment Policy.
Timelines for Making Reports
There is no time limit for reporting, and people should report incidents even if significant time has passed. However, the sooner the University receives a report, the better able it is to respond, investigate, remedy, and impose discipline, if appropriate.
Refer to the University of California Sexual Violence and Sexual Harassment Policy.
Protection of Complainants, Respondents, and Witnesses
- Amnesty: To encourage reporting, the University will not discipline complainants or witnesses for student conduct policy violations that occur around the time of alleged Prohibited Conduct unless the University determines the violation was egregious. Examples of egregious violations include conduct that risked someone’s health or safety, or involved plagiarism, cheating, or academic dishonesty. Complainants may be particularly afraid to report Prohibited Conduct when alcohol, drugs, or other intoxicants were involved (for example, when there was underage drinking). This amnesty provision applies to alcohol- and drug-related student violations.
- Retaliation: The University prohibits retaliation against someone for reporting possible Prohibited Conduct or participating or not participating in a process under this Policy. (See Section II.B.3.e)
- Privacy and Confidentiality: UCEAP has two contacts within the UCEAP Systemwide Office (International Health, Safety & Crisis Management Director for students and Human Resource Director for staff/faculty) with whom members of the UCEAP community can consult for advice and information regarding making a report of Prohibited Conduct. These resources provide individuals who may be interested in bringing a report of Prohibited Conduct with a safe venue to discuss their concerns and learn about the procedures and potential outcomes involved.
The University must balance the privacy interests of people involved in a report of Prohibited Conduct against the need to gather information, ensure a fair process, and stop, prevent, and remedy Prohibited Conduct. In this context, the University tries to protect people’s privacy to the extent permitted by law and University policies. The University otherwise keeps confidential the identities of parties, witnesses, and those who report Prohibited Conduct, except as required by law or permitted by FERPA, and protects the privacy of personally identifiable information per all applicable state and federal privacy laws, and University policies.
Adjudication Framework for Students
Where the respondent is a student, the procedures are in Appendix E: Sexual Violence and Sexual Harassment Student Investigation and Adjudication Framework for non-DOE Covered Conduct.
References and Resources
University of California Sexual Violence and Sexual Harassment Policy
UC Systemwide Sexual Violence Website