Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal or physical conduct of a sexual nature. Sexual violence is defined as physical sexual acts engaged without the consent of the other person, or when the other person is unable to consent to the activity. Sexual violence includes sexual assault, rape, battery and sexual coercion; domestic violence; dating violence and stalking. See a detailed information on these and other definitions under the UC systemwide policy.
Office for the Prevention of Harassment and Discrimination process
UC Berkeley’s Office for the Prevention of Harassment and Discrimination (OPHD, or the Title IX office) reviews and investigates all complaints involving potential violations of the UC Policy on Sexual Violence and Sexual Harassment using a more likely than not evidence standard. For more on policies and processes that guide cases that go through this office, see: https://ophd.berkeley.edu/
Regarding cases in which a student is accused of sexual misconduct, Office for the Prevention of Harassment and Discrimination investigates the case and writes a report documenting the finding of facts. This investigative report is sent to the Center for Student Conduct, for review and adjudication of the case.
When UC Berkeley’s Center for Student Conduct (CSC) receives information that indicates that a student may have engaged in sexual misconduct, CSC shares the information with OPHD, which investigates the case and writes a report documenting the finding of facts. This investigative report is sent CSC for review and determination of next steps in terms of adjudication of the case. For more detailed information about the process, please see below:
For those cases in which a faculty members is accused of sexual harassment or assault, OPHD investigates the case and writes a report stating whether or not university Sexual Violence Sexual Harassment policy was violated. The case then goes to the Vice Provost for the Faculty for review under the Faculty Code of Conduct was violated, and for review of potential disciplinary action.
Detailed information on the faculty disciplinary process is available here http://vpf.berkeley.edu/sites/default/files/faculty_discipline_process_4-1-16_3.pdf.
The Faculty Code of Conduct also may be viewed here. http://www.ucop.edu/academic-personnel-programs/_files/apm/apm-015.pdf
Non-academic staff cases
In cases in which a non-academic staff member is found by OPHD to be in violation of the UC Sexual Violence Sexual Harassment policy after an investigation, the report is reviewed with the individual’s manager and with the Central Human Resources. HR works with the manager to determine appropriate action. Those actions are guided by either the UC’s personnel policies (for non-represented staff) or by the collective bargaining agreement (for represented staff). Consultation typically occurs with the unit manager and may include legal counsel, and the UC Office of the President. For any senior manager on the Berkeley campus, all cases are sent to the Chancellor and per President Napolitano’s March 2016 announcement, a peer review panel. The most serious disciplinary action would be termination.
- Personnel Policies for Staff Members (PPSM); http://policy.ucop.edu/manuals/personnel-policies-for-staff-members.html
- Collective bargaining agreements; http://hrweb.berkeley.edu/labor/contracts
- Note: This general process is the same for non-faculty senior managers, although there are additional consultations and policies that govern the members of the Senior Management Group (SMG). See: http://policy.ucop.edu/manuals/smg-hr-policies.html