The University of California is committed to providing an environment free from discrimination and harassment on the basis of categories including:
- National origin
- Sexual orientation/identity
The University of California policies prohibit sexual harassment, including all forms of sexual assault.
If you have any questions regarding sexual harassment and/or sexual assault, or would like to file a report, please contact:
UC Berkeley campus policies
Sexual, racial, and other forms of harassment, defined as follows:
“Harassment is defined as conduct that is so severe and/or pervasive, and objectively offensive, and that so substantially impairs a person’s access to University programs or activities, that the person is effectively denied equal access to the University’s resources and opportunities on the basis of the person’s race, color, national or ethnic origin, alienage, sex, religion, age, sexual orientation, gender identity, marital status, veteran status, physical or mental disability, or perceived membership in any of these classifications.”
- UC Berkeley Student Code of Conduct
- UC Berkeley Sexual Misconduct Adjudication Model
- Clery Reporting
University of California (UC) systemwide policies on sexual, racial, and other forms of harassment
Here are some links to UC systemwide policies:
- President Napolitano’s letter to Joint Committee regarding report on faculty discipline process in sexual harassment cases
Federal laws, policies, and reports
- Clery Act
- Title IX of the Education Amendments of 1972
- Office for Civil Rights, Questions and Answers on Title IX and Sexual Violence, 2014
- Office for Civil Rights, Dear Colleague Letter, April 4, 2011
- Violence Against Women Reauthorization Act of 2013
- Campus SaVE Act
- “Not Alone”, The First Report of the White House Task Force to Protect Students from Sexual Violence, April 2014
The UC Police Department collects federal Clery Act data on various crimes, including sexual offenses. It has collected and reported this data since the mid-1990s in accordance with the Clery Act, established to provide students, families and staff with accurate, complete and timely information about campus safety.
The Clery Act requires reporting about specific crimes on and adjacent to campus and campus property that is leased and owned by the university. This includes not only reports to campus and local police, but also to Campus Security Authorities, staff on campus whose functions involve significant responsibility for student and campus activities (students may turn to such employees, who may be student program coordinators, coaches, etc., to confidentially share information about a crime.)
Clery data, because of its broader scope in terms of geography and other factors, may not line up with other sources of crime data, such as data from the Center for Student Conduct, which would be more narrow in scope.
Below are various student privacy laws and policies applicable to sexual violence and sexual harassment cases.
Students and privacy
In collecting and reporting information about sexual violence and sexual harassment complaints by students, UC Berkeley follows the UC system’s policy guidelines about disclosing information from student records. The UC policy conforms with the Federal Family Educational Rights and Privacy Act of 1974 (FERPA) and provisions of state law that relate to public records disclosure.
FERPA limits the disclosure of information from student “education records,” a term that is defined quite broadly and is not limited to “academic” records. “Education records” include virtually all records maintained by an educational institution, in any format, that are “directly related” to one or more of a school’s past or present students. A record is “directly related” to a student if it is “personally identifiable” to the student, and a record is “personally identifiable” to a student not only if it expressly identifies the student on its face but also if the student’s identity could be deduced from the demographic, descriptive, or other information the record contains – either alone or in combination with other publicly available information.
The data provided on this website are grouped to best provide information about case outcomes without violating FERPA or UC policy.
Additional information on UC Berkeley’s privacy policies and FERPA is at http://registrar.berkeley.edu/ferpa.html
Staff, faculty and privacy
When an Office for the Prevention of Harassment & Discrimination investigation is underway the investigation is kept as confidential as possible. However, when an allegation is substantiated by OPHD as a violation of the university’s sexual violence and sexual harassment policy, the university may disclose the findings to certain individuals, based on policy and precedent.
Disclosure is based on what is needed to address the issues raised by the investigation and to manage the sanction imposed in the case. Under policy changes implemented by the UC President in 2015, the outcome of an investigation also is disclosed to the complainant. In addition, disclosure also is made to administrators or managers with a legitimate need to know, so for example, they can ensure the respondent abides by disciplinary sanctions and does not engage in retaliation or further violate the sexual harassment policy.