2015
Annual
Security
Report
University of California, San Diego
October 1, 2015
TABLE OF CONTENTS
Contact Information��������������������������������������������������������������������������������������������������������������������������������������2
Message from the Chief��������������������������������������������������������������������������������������������������������������������������������3
About UC San Diego ������������������������������������������������������������������������������������������������������������������������������������4
The Clery Act������������������������������������������������������������������������������������������������������������������������������������������������4
Preparing the Annual Security Report������������������������������������������������������������������������������������������������������������4
Fire Safety Report����������������������������������������������������������������������������������������������������������������������������������������4
Law Enforcement Authority����������������������������������������������������������������������������������������������������������������������������5
Law Enforcement Partnerships����������������������������������������������������������������������������������������������������������������������5
Reporting Crimes������������������������������������������������������������������������������������������������������������������������������������������5
Crime and Fire Log ��������������������������������������������������������������������������������������������������������������������������������������6
Campus Security Authority����������������������������������������������������������������������������������������������������������������������������7
Pastoral and Professional Counselors������������������������������������������������������������������������������������������������������������7
Voluntary/Confidential Reporting������������������������������������������������������������������������������������������������������������������7
Non-Campus Criminal Activity ����������������������������������������������������������������������������������������������������������������������7
Security and Access to Campus Facilities������������������������������������������������������������������������������������������������������8
Security and Access to Campus Residential Facilities������������������������������������������������������������������������������������8
Security Considerations in Building Maintenance ������������������������������������������������������������������������������������������8
Timely Warnings��������������������������������������������������������������������������������������������������������������������������������������������9
Emergency Notifications��������������������������������������������������������������������������������������������������������������������������������9
Emergency Response and Evacuation Procedures����������������������������������������������������������������������������������������10
Campus Safety and Crime Prevention Education������������������������������������������������������������������������������������������12
Firearms and Weapons ������������������������������������������������������������������������������������������������������������������������������13
Missing Persons������������������������������������������������������������������������������������������������������������������������������������������13
Alcohol Policy��������������������������������������������������������������������������������������������������������������������������������������������14
Drug Policy������������������������������������������������������������������������������������������������������������������������������������������������14
Substance Abuse Education������������������������������������������������������������������������������������������������������������������������14
Programs to Prevent Dating Violence, Domestic Violence, Sexual Assault and Stalking ����������������������������������15
Dating Violence, Domestic Violence, Sexual Assault and Stalking Policies and Reporting Options������������������17
Administrative Handling of Dating Violence, Domestic Violence, Sexual Assault and Stalking Reports ������������19
Sex Offender Registration Information����������������������������������������������������������������������������������������������������������21
Sources for Crime Statistics������������������������������������������������������������������������������������������������������������������������21
Offense Definitions ������������������������������������������������������������������������������������������������������������������������������������22
Federal Definitions of Dating Violence, Domestic Violence, Sexual Assault and Stalking ��������������������������������23
State Definitions of Dating Violence, Domestic Violence, Sexual Assault, Stalking and Consent����������������������24
Geographic Definitions��������������������������������������������������������������������������������������������������������������������������������27
Crime Statistics������������������������������������������������������������������������������������������������������������������������������������������28
Appendix A (Interim Policy Sexual Harassment and Sexual Violence)
Appendix B (UC San Diego Policy for Reporting and Responding to Sex Offenses)
Appendix C (Resolution Procedures For Alleged Sex Offense, Harassment, And Discrimination Violations)
Appendix D (Corrective Action – Professional and Support Staff)
Appendix E (Termination of Career Employees - Professional & Support Staff)
Appendix F (Termination of Career Employees - Managers & Senior Professionals)
CONTACT INFORMATION
For campus emergencies:
From a landline ������������������������������������������������������������������������������������������������������������������������ 9-1-1
From a cellphone ����������������������������������������������������������������������������������������������������� (858) 534-4357
Campus status message: ������������������������������������������������������������������������������� 888-308-UCSD (8273)
Emergency status web page ����������������������������������������������������������������http://ucsd.edu/emergency/
UC San Diego Police Department ����������������������������������������������������������������������������� (858) 534-4357
Environment, Health, & Safety ����������������������������������������������������������������������������������� (858) 534-3660
Facilities Management����������������������������������������������������������������������������������������������� (858) 534-2930
Housing Maintenance ����������������������������������������������������������������������������������������������� (858) 534-2600
UC San Diego Police Department
Location����������������������������������������������������������������������������������������� Campus Services Complex, Bldg B
Mailing Address��������������������������������������������������� 9500 Gilman Drive (0017) La Jolla, CA 92093-0017
Web ������������������������������������������������������������������������������������������������������ http://www.police.ucsd.edu
Non-Emergencies ����������������������������������������������������������������������������������������������������� (858) 534-4357
Chief of Police����������������������������������������������������������������������������������������������������������� (858) 534-4360
Captain—Patrol Operations����������������������������������������������������������������������������������������� (858) 534-2228
Lieutenant—Specialized Services������������������������������������������������������������������������������� (858) 534-6709
Watch Commander ��������������������������������������������������������������������������������������������������� (858) 534-6799
Crime Prevention�������������������������������������������������������������������������(858) 822-0245 or (858) 534-3644
Investigations ����������������������������������������������������������������������������������������������������������� (858) 534-4359
Training and Special Events��������������������������������������������������������������������������������������� (858) 534-4359
Records ������������������������������������������������������������������������������������������������������������������� (858) 534-4361
Community Services Officer (CSO) Program ��������������������������������������������������������������� (858) 534-9255
Bicycle Enforcement ������������������������������������������������������������������������������������������������� (858) 534-7335
Residential Security Officer (RSO) Program����������������������������������������������������������������� (858) 534-6597
Other Important Numbers
Campus Advocacy, Resources, and Education at the
Sexual Assault Resource Center (CARE at SARC) ������������������������������������������������������� (858) 534-5793
Office for the Prevention of Harassment & Discrimination (OPHD) ������������������������������� (858) 534-8298
Office of Ethics and Compliance��������������������������������������������������������������������������������� (858) 246-1800
Office of Student Conduct����������������������������������������������������������������������������������������� (858) 534-6225
Counseling & Psychological Services (CAPS) ������������������������������������������������������������� (858) 534-3755
Faculty & Staff Assistance Program (FSAP)����������������������������������������������������������������� (858) 534-5523
Office of the Ombuds������������������������������������������������������������������������������������������������� (858) 534-0777
www.clery.ucsd.edu
UC San Diego Annual Security Report • 2015
2
MESSAGE FROM THE
CHIEF OF POLICE
I am pleased to present the 2015 UC San Diego
Annual Security Report. This report is prepared
by the UC San Diego Police Department (UC
San Diego Police), in compliance with the
Jeanne Clery Disclosure of Campus Security
Policy and Crime Statistics Act, and is intended
to disseminate important information to the
University community.
The primary mission of the UC San Diego Police
is to provide for the safety and the security of all
members of the UC San Diego community—our
students, faculty, staff, and guests. Campus
safety and security is a collaborative effort
involving all members of the community and we
value our partnership with the community in making the campus safe. The dedicated men and women of the
UC San Diego Police Department are committed to maintaining a safe community for instruction, research, and
public service. All of our efforts are guided by our core values of Integrity, Respect, and Support.
This publication is intended not only to communicate mandatory crime statistics and campus safety information
for students, staff and potential employees, but also to assist prospective students and their families in the
decision-making process of selecting a college or university by highlighting that UC San Diego is a safe place to
learn, work and live.
We welcome and value your input, and thank you for your continued support.
David S. Rose
Chief of Police
UC San Diego Annual Security Report • 2015
3
About UC San Diego
UC San Diego is a student-centered, research-focused, service-oriented public
institution that provides opportunity for all. Recognized as one of the top 15 research
universities worldwide, a culture of collaboration sparks discoveries that advance
society and drive economic impact. Our students, who learn from Nobel laureates,
MacArthur fellows and National Academy members, are committed to public service.
For the sixth consecutive year, UC San Diego has been ranked first in the nation based
on research, civic engagement and social mobility. We are one campus with multiple
pillars of excellence, a top ten public university that is transforming lives, shaping new
disciplines and advancing the frontiers of knowledge.
UC San Diego’s rich academic portfolio includes six undergraduate colleges, five academic divisions and five graduate and professional schools.
The University’s award-winning scholars are experts at the forefront of their fields with an impressive track record for achieving scientific, medical
and technological breakthroughs.
UC San Diego offers more than 100 undergraduate majors in six disciplinary areas. Fall 2014 enrollment was 31,502 students. Over 78,000
freshman applications were received for Fall 2015. Our diverse student population is drawn from the best and brightest world-wide. The
University’s main campus is located on 1,200 acres of coastal woodland in La Jolla, California near the Pacific Ocean, the U.S. – Mexico border
and the Pacific Rim.
The Clery Act
In 1990, the Higher Education Act of 1965 (HEA) was amended to include the Crime Awareness and Campus Security Act of 1990 (Title II of
Public Law 101-542). This amendment required all postsecondary institutions participating in Title IV student financial aid programs to disclose
campus crime statistics and security information. In 1998, the act was renamed the Jeanne Clery Disclosure of Campus Security Policy and Crime
Statistics Act (more commonly known as the Clery Act) in memory of Jeanne Clery, a Lehigh University student who was killed in her dorm room
in 1986. On March 7, 2013, President Obama signed a bill that strengthened and reauthorized the Violence Against Women Act (VAWA). Included
in the bill were amendments to the Clery Act that afforded additional rights to victims of dating violence, domestic violence, sexual assault and
stalking.
The Clery Act as amended by VAWA requires colleges and universities to:
•
•
•
•
•
Collect, classify and count crime reports and statistics
Issue campus alerts
Publish an annual security report
Submit crime statistics to the U.S. Department of Education
Maintain a daily crime log
•
•
•
•
Disclose missing student notification procedures
Provide fire safety information
Provide crime and safety prevention programs
Provide programs and procedures relating to the crimes of dating
violence, domestic violence, sexual assault and stalking
Preparing the Annual Security Report
This Annual Security Report and disclosure of crime statistics is compiled and prepared by the UC San Diego Police Department in cooperation
with many campus departments, including:
• Academic Employee Relations
• Campus Advocacy, Resources, and Education at the
Sexual Assault Resource Center (CARE at SARC)
• Campus Security Authorities (CSAs) (defined below)
• Employee Relations
• Environment, Health & Safety
•
•
•
•
Facilities Management
Housing, Dining, & Hospitality
Office of Ethics and Compliance
Office for the Prevention of Harassment & Discrimination
(OPHD)
• Office of Student Conduct
Crime and disciplinary referral statistics are collected from the UC San Diego Police Department and Campus Security Authorities, while statistical
information for activity that occurs off campus is retrieved from the Automated Regional Justice Information System (ARJIS), a San Diego County
criminal justice database.
For purposes of making timely warning reports and the annual statistical disclosure required under the Clery Act, the campus community should
report crimes to either the UC San Diego Police Department or a Campus Security Authority (CSA) as defined below.
Fire Safety Report
The Fire Safety Report, also required under the Clery Act, is contained in a separate document,
which can be found at: http://www-ehs.ucsd.edu/fire/fire_safety_report.pdf. If you would like
a paper copy of the report, please contact the UC San Diego Fire Marshal at (858) 822-5706.
UC San Diego Annual Security Report • 2015
4
Law Enforcement Authority
The UC San Diego Police Department is empowered pursuant to § 830.2 (b) of the California Penal Code and fully subscribes to the
standards of the California Commission on Peace Officer Standards and Training (POST). UC San Diego police officers have the authority
to conduct criminal investigations and make arrests anywhere in the State of California. They receive the same basic training as city and
county peace officers throughout the state, plus additional training to meet the unique needs of a campus environment. The primary
jurisdiction of the UC San Diego Police Department is the University campus and one mile surrounding the campus, as indicated in
the California Education Code, § 92600. The department handles all patrol, investigation, crime prevention education, and related law
enforcement duties for the campus community, and operates twenty-four hours a day, seven days a week.
The UC San Diego Police Department is a
member of the San Diego County Regional
Communications System (RCS) and has
direct radio contact with local public safety
agencies. The department also has access
to local, state, and federal law enforcement
telecommunications systems that provide
vehicle registration, driver license and
criminal record information.
Law Enforcement Partnerships
Pursuant to California Education Code § 67381, the UC San Diego Police
Department and the San Diego Police Department have adopted and signed
(March 18, 2004) a written agreement that clarifies and affixes operational
responsibilities for the investigation of violent and non-violent crimes occurring
on University property. Due to the sophisticated investigative resources required
to properly investigate certain crimes, the UC San Diego Police Department, by
agreement, has arranged in certain circumstances for assistance from the San
Diego Police Department. The agreement states that the UC San Diego Police
Department will be the primary reporting and investigating law enforcement
agency for all crimes occurring on the UC San Diego campus, with the exception
of homicide/manslaughter. In cases of homicide/manslaughter, the San Diego
Police Department will be the lead reporting and investigating agency. The San
Diego Police Department will be the primary reporting and investigating law
enforcement agency for all crimes occurring in the vicinity of the UC San Diego
campus, but outside the boundaries of the main campus. Both agencies will
continue to provide mutual aid assistance as appropriate when requested.
In addition, the UC San Diego Police Department seeks assistance from federal, state, and county law enforcement agencies as needed.
The UC San Diego Police Department is a signatory to the Memorandum of Understanding maintained by the San Diego County Police
Chiefs’ and Sheriff’s Association consent pursuant to § 830.1 of the California Penal Code, dated January 3, 2007.
In accordance with California State law, the UC San Diego Police Department will disclose to the San Diego Police Department any report
of a violent crime, sexual assault or hate crime received by the UC San Diego Police Department, either reported directly or through a
Campus Security Authority, and made by the victim for the purposes of notifying the University or law enforcement. (California Education
Code §§ 67380(a)(6)(A) and 67383(a)). These reports will not identify the victim, unless the victim consents to being identified after he
or she has been informed of his or her right to have his or her personally identifying information withheld. If the victim does not consent
to being identified, the alleged assailant shall not be identified in the information disclosed to the San Diego Police Department.
Reporting Crimes
The University encourages everyone to report any crime accurately and
promptly to the UC San Diego Police Department. Crimes should be
immediately reported to the UC San Diego Police Department when the
victim of such crime elects to report or, is unable to make such a report.
Every report is reviewed to determine whether a follow-up investigation is
required. The police department is located at Campus Services Complex,
Bldg B and can be reached twenty-four hours a day at 858-534-HELP
(4357). For off campus locations, calls for assistance should be directed
to the local law enforcement agency. Certain crime reports can be filed
online. If you have been the victim of a theft, vandalism, or harassing
phone calls, you may be able to file the report through the online
reporting system. More information can be obtained at:
http://www.police.ucsd.edu/cl/Start-report.html.
UC San Diego Annual Security Report • 2015
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IMPORTANT NUMBERS
For on campus emergencies (police, fire, or medical)
Dial 9-1-1 from a campus phone or pay phone
Dial 858-534-HELP (4357) from a cell phone
Twitter Info: @UCSDPOLICE
Use one of the emergency call boxes located in the parking lots or parking structures
Use the emergency intercom system located in most building elevators
For off-campus emergencies
Dial 9-1-1 from a hardwired phone
Dial 9-1-1 from a cell phone to reach either local law enforcement or the California Highway Patrol
Crime and Fire Log
The UC San Diego Police Department keeps a daily crime log that reports any
criminal incident or alleged criminal incident that occurs on the University’s
campus buildings and property, on the University’s non-campus buildings
and property and on public property within or immediately adjacent to and
accessible from the campus, and in areas within the patrol jurisdiction of the
UC San Diego Police Department, and which is reported to the UC San Diego
Police Department. The log also contains information on any fire that occurs
in an on-campus student housing facility. Information in the crime and fire log
includes the following: the nature, date, time, and general location of the crime
or fire, and any known disposition of the criminal complaint. The crime and fire
log for the most recent 60 day period is open to public inspection during normal
business hours and is available at http://police.ucsd.edu/crimelog.
Any portion of the log older than 60 days will be made available for inspection
within two business days of a request from the public. Information in the crime
log may be withheld if there is clear and convincing evidence that its release
would jeopardize an ongoing criminal investigation or the safety of an individual;
cause a suspect to flee or evade detection; or result in the destruction of
evidence. Such information is released when the cause for withholding it
no longer exists.
UC San Diego Annual Security Report • 2015
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Campus Security Authority (CSA)
Although the reporting of criminal activity directly to the UC San Diego Police Department is encouraged, crimes may also be reported to a
Campus Security Authority (CSA). The Clery Act defines CSAs as:
•
•
•
•
Police or security department members
Others who have responsibility for security (e.g., someone responsible for monitoring entrance to campus property, event security)
People or offices to which campus policy directs that crimes be reported
Officials with significant responsibilities for student and campus activities, including housing, discipline and judicial proceedings
CSAs include college deans and assistant deans, resident deans and assistant resident deans, resident assistants, housing advisors and
community assistants, athletic director and assistant directors, athletic team coaches, faculty advisors to student groups, and campus staff
involved in disciplinary and judicial proceedings.
Campus Security Authorities are responsible for forwarding crime information to the UC San Diego Police Department for inclusion in the
Annual Security Report, regardless of whether or not the victim chooses to file a report with law enforcement or to press charges.
Please be aware that information forwarded by CSAs to the UC San Diego Police Department is for statistical purposes and to determine
whether a timely warning should be issued to the campus community. If you wish to have your case reviewed by a detective and possibly
pursue criminal charges, you must file a report with the UC San Diego Police Department.
Pastoral and Professional Counselors
Although counselors may typically have significant responsibility and involvement in student and campus activities, they are exempt from
Clery reporting requirements. Pastoral and professional counselors are encouraged to inform those they counsel of the procedures to report
crimes voluntarily and confidentially (to the UC San Diego Police Department or any Campus Security Authority) so the statistics can be
included in the Annual Security Report.
Voluntary/Confidential Reporting
If you are the victim or the witness of a crime we encourage you to file a report. If you would like to maintain confidentiality and do not wish
to pursue action within the University or criminal justice system, you are encouraged to consider filing a confidential report for purposes of
inclusion in the annual disclosure of crime statistics. These types of reports can be made to the UC San Diego Police Department or any
Campus Security Authority. The information can enhance community safety by allowing the University to keep a more accurate record of
crimes, helping to determine whether a pattern of crime exists, and alerting the campus to potential danger.
Non-Campus Criminal Activity
The Center for Student Involvement maintains contact with recognized fraternities
and sororities through the office of the Greek Life advisor. The UC San Diego Police
Department does not provide law enforcement services to non-campus residences of
student organizations. Criminal activity at non-campus locations would normally be
reported to the local law enforcement jurisdiction.
Non-campus activities may be subject to the University’s jurisdiction under the Student
Conduct Code (See Section IV of the Code for more details). The UC San Diego Police
Department maintains a solid working relationship with allied police agencies and
facilitates the exchange of relevant information as appropriate.
File a Crime Report Online
Online reporting is available for certain crimes.
Visit http://www.police.ucsd.edu/onlinereport/ for more information.
Crime and Arrest Logs
View daily crime and arrest activity at http://police.ucsd.edu/crimelog
Text-a-Tip
Send an anonymous tip to the UC San Diego Police Department via text or the web.
Send a text to 274637 (CRIMES on a traditional keyboard) and
begin your message with keyword UCSD. Or send a tip through the web at
https://www.tipsubmit.com/Webtips.aspx?AgencyID=755&HR=http://tipsoft.com/index.asp?p=webtips
UC San Diego Annual Security Report • 2015
7
Take Responsibility for Your
Own Safety
Helpful reminders for residents:
•
•
•
•
•
Keep room and apartment doors locked at all times
Ask strangers to wait in common areas and restrict access to private areas
Keep valuables out of sight
Refrain from leaving personal property in common areas
Report suspicious activity immediately to the UC San Diego Police Department
For additional information on how to keep yourself safe in various situations,
visit http://blink.ucsd.edu/safety/emergencies/security/personal.html.
Don’t Text and Drive
http://www.dmv.org/ca-california/safety-laws.php#Cell-Phone-Laws
Security and Access to Campus Facilities
During business hours, the University, excluding certain housing and dining areas, is
open to students, parents, employees, contractors, and guests. During non-business hours,
access to University facilities is restricted to those with issued keys or those admitted
for unscheduled access through the UC San Diego Police Department or Facilities
Management, after verification of identity and space authorization. Many campus buildings
utilize intrusion alarms, panic buttons, and video cameras to enhance security in their areas.
The UC San Diego Police Department Community Service Officer (CSO) Program employs
students who provide safety escorts during the evening hours. As student employees of the
UC San Diego Police Department, the CSOs provide expanded safety and security resources
for the campus. Call (858) 534-WALK (9255) to request an escort.
Security and Access to Campus Residential Facilities
Housing and Dining Services, the Academic and Residential Life
Offices, and the UC San Diego Police Department work closely
together to promote a safe and comfortable living and learning
environment for resident students. Security in residential areas,
including Mesa, One Miramar, Coast, and La Jolla Del Sol Apartments,
is supplemented by Residential Security Officers (RSOs) who
patrol during the evening hours. Housing buildings are protected by
multilayer access protocols. Over extended breaks, residence halls are
equipped with additional locks to supplement the existing locks and
access-card entrance systems. In addition, in partnership with the
Lock Shop, the UC San Diego Police Department has purchased and
currently maintains an enterprise-level access control system, which
has begun to transition disparate access control building systems to a centralized model; this centralization provides scheduled unlocking
and securing of locations, lock-down capabilities, and audit capabilities for patrons of campus facilities.
Security Considerations in Building Maintenance
During the year, surveys are conducted to review issues and identify areas of concern with respect to building security, campus lighting,
landscaping, and other potential safety and security issues. Lighting and safety hazards identified during routine patrol of the campus are
forwarded on an ongoing basis to Facilities Management. Ongoing projects include a review of master specifications for physical security
infrastructure and technologies in coordination with Facilities Design & Construction and Facilities Management, an update of the Campus
Outdoor Lighting Policy and Standards, and a review of the Annual Lighting Survey standards and procedures.
For the past 20 years, Campus Advocacy, Resources, and Education at the Sexual Assault Resource Center (CARE at SARC) and the
UC San Diego Police Department have coordinated the Annual Lighting Survey. Representatives from Facilities Management, Residential
Life, Environment Health & Safety, Transportation Services, Housing, Dining & Hospitality, Campus Planning, the Libraries and CARE at SARC
walk the entire campus evaluating dark areas, safety hazards and other concerns. Recommendations for improvements are forwarded to
the appropriate departments. In addition, a new initiative to further enhance the Annual Lighting Survey is beginning in Fall 2015, which will
more accurately track, report, and repair areas of lighting concern—this includes utilizing GIS mapping, location services, automated tracking
and reporting of light fixtures, and more frequent assessment of lighting conditions throughout campus on a quarterly basis.
UC San Diego Annual Security Report • 2015
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Timely Warnings
In the judgment of the UC San Diego Police Chief or his designee, if a criminal situation constitutes a serious or continuing threat to
students and employees, a timely warning will be written and issued by the UC San Diego Police Department. Events that are reported
to the UC San Diego Police Department or to a CSA that may qualify for timely warnings include, but are not limited to, the following:
• Criminal homicide (murder and non-negligent manslaughter
and negligent manslaughter)
• Sex Offenses (rape, fondling, incest and statutory rape)
• Robbery
• Aggravated Assault
• Burglary (excluding vehicle burglary)
•
•
•
•
•
•
Motor Vehicle Thefts
Arson
Hate Crimes
Dating violence
Domestic violence
Stalking
The warning will be distributed in a timely manner utilizing one or more of the following systems:
•
•
•
•
•
Triton Alert/MIR3
Campus e-mail
Talk-A-Phone callbox or other public address system
Patrol Vehicle
Campus emergency status message 888-308-UCSD (8273)
• UC San Diego Police website http://www.police.ucsd.edu
• UC San Diego emergency status website:
http://ucsd.edu/emergency/index.html
• Twitter @UCSDPOLICE
• Low Power Radio—1610 AM
• Posted Flyers
The timely warning will withhold the names of victims as confidential and will be used to aid in the prevention of similar occurrences.
Triton Alerts
Triton Alert is the campus emergency alert and notification system. Receive voicemail and text messages on your phone.
To sign-up go to: http://blink.ucsd.edu/go/emergencyphonereg
Emergency Notifications
Upon confirmation by UC San Diego personnel of a legitimate and significant emergency or dangerous situation that poses an immediate
threat to the health or safety of students or employees on campus, an emergency notice will be disseminated immediately. The University
will, without delay, and taking into account the safety of the community, determine the content of the notification and initiate the notification
system, unless issuing a notification will, in the professional judgment of responsible authorities, compromise efforts to assist a victim or to
contain, respond to, or otherwise mitigate the emergency. The University will determine the appropriate segment or segments of the campus
community who should receive this notification based on the type and scope of the emergency. In addition, if the emergency or dangerous
situation potentially incorporates areas or members of the surrounding community, UC San Diego will coordinate emergency notifications and
response efforts with the appropriate regional authorities (e.g., UC San Diego Police will coordinate with the San Diego Police Department or
Fire Department). Events that qualify for emergency notifications include, but are not limited to, the following:
•
•
•
•
•
•
•
Outbreak of meningitis, norovirus, or other serious illness
Approaching tornado, hurricane or other extreme weather conditions
Earthquake
Tsunami
Gas leak
Terrorist incident
Armed intruder
•
•
•
•
•
•
•
Bomb threat
Civil unrest or rioting
Explosion
Nearby chemical or hazardous waste spill
Aircraft crash
Fire/wildfire
Widespread disruption of campus operations
The notification will be distributed as soon as possible under the following guidelines:
Authority to activate an emergency notification rests with the Chancellor, the Emergency Manager of the UC San Diego Office of
Emergency Services, or the UC San Diego Chief of Police or their respective designees. In situations when there is not time for consultation,
the UC San Diego Police Department watch commander, as a designee of the UC San Diego Chief of Police, may initiate a notification and
will determine the content of such notification.
Response to an Active Shooter
Contact the UC Learning Center to view the video entitled
“Shots Fired on Campus” and take the quiz.
UC San Diego Annual Security Report • 2015
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In matters of a criminal nature, the UC San Diego Police Department will generally make the confirmation and determine whether
notifications are appropriate and necessary, as well as the content of such notifications. The watch commander will determine an incident’s
extent and scope, and whether it meets the criteria for an emergency notification.
In matters not of a criminal nature, the campus department that has jurisdiction will evaluate and make the confirmation and determine
whether notifications are appropriate and necessary. When a campus department that has jurisdiction over an incident is not available to
make a determination about notifications, the watch commander may determine an incident’s extent and scope, and whether it meets the
criteria for an emergency notification.
If a notification is determined to be appropriate, the campus department that has jurisdiction,
the watch commander or other authority will determine the segment of the campus that should
be notified.
Notifications will generally be made by a police dispatcher, a designee of the Office of
Emergency Services, or other individual who has been trained and is authorized to send
notifications. In the event a police dispatcher is too busy handling an incident and is unable to
send a notification, another trained individual will send notifications.
The watch commander or other authority will decide the content of any message. If circumstances prevent the watch commander or
other authority from determining the content of the message, he or she may assign the person sending the message the responsibility of
determining the content of the message. All messages should include the type of situation, the location of the situation, the time and date,
instructions for the recipient, and an additional method for the public to obtain information.
One or more of the following systems will be used for sending notifications:
•
•
•
•
•
Triton Alert/MIR 3
Campus e-mail
Talk-A-Phone callbox or other public address system
Patrol Vehicle
Campus emergency status message 888-308-UCSD (8273)
• UC San Diego Police website: http://www.police.ucsd.edu
• UC San Diego emergency status website:
http://ucsd.edu/emergency/index.html
• Twitter @UCSDPOLICE
• Low Power Radio—1610 AM
• Posted Flyers
Should there be an immediate threat to the health or safety of students or employees occurring on campus, the University will continue
to provide follow-up information to the community using the above referenced systems as appropriate. If the emergency is widespread,
notification will be made to the San Diego Police Department, San Diego Fire Department and/or the San Diego County Office of
Emergency Services as appropriate.
Emergency Response and Evacuation Procedures
The campus Emergency Operations Plan provides the framework for an organized response to various human-caused and natural emergency
situations including fires, hazardous spills, earthquakes, flooding, explosion, and civil disorders. The purpose of the plan is to provide
information that will save lives during extraordinary emergency events and hasten the resumption of normal University operations during the
recovery process. An effective organizational emergency response depends on an informed campus community whose members are familiar
with campus procedures and understand their personal responsibility for emergency preparedness and response. Implementation of the plan
incorporates the following priorities into a course of action:
Save Lives
Required Actions – Manage building evacuations, including assessing the scale of the
emergency and the direction of affected students and staff to designated assembly
areas; fire suppression; hazardous materials release response; search and rescue;
medical aid; communications; and utility stabilization.
Protect University Property
Required Actions – Perform building inspections; establish facilities security; shelter,
food and water.
Restore Operations
Required Actions – Secure vital University records; safeguard research; reoccupy
buildings or relocate space; obtain emergency recovery supplies through mutual
aid arrangements.
Evacuation of Housing Facilities/Academic Classrooms
Evacuation of campus residential facilities or academic classrooms occur with a verbal order to do so or in the event of a fire alarm
activation. All buildings are equipped with a posted evacuation map that are updated annually. These maps direct occupants through exit
corridors, which are sometimes internal to the building, and on occasion via external routes, which are identified to assist building occupants.
The maps also reflect a designated evacuation location where all who are evacuated are accounted for.
UC San Diego Annual Security Report • 2015
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Meet Community Needs
Required Actions – Provide available space to external agencies (Red Cross, San Diego County Office of Emergency Services, Governor’s Office
of Emergency Services, etc.); assist adjacent campus organizations (Salk Institute, Scripps Clinic, Scripps Hospital, V. A. Medical Center), as
well as neighboring residents.
Additionally, departments play a key role through the development of site-specific Department Emergency Action Plans to ensure all personnel
can:
• Identify and use on-site emergency equipment (fire alarms, extinguishers, etc.)
• React safely to specific emergencies (earthquakes, hazardous material spills, etc.)
• Quickly evacuate buildings and move to designated assembly areas outside
Departments will be expected to activate their procedures as part of participating in periodic emergency response exercises.
Plan Overview
The organizational approach used in the Emergency Operations Plan is one of decentralization with
the campus subdivided into small emergency response regions. Each region is provided necessary
supplies and trained personnel to be self-sufficient immediately after an event. Emergency Response
Teams in each region assist in the assessment of damage and injuries and communicate their findings
to the main Emergency Operations Center (EOC). Executive level personnel then make decisions
necessary to direct the campus through its recovery process.
Multi-function teams work together during an emergency response. The primary objective of each team
is to assess damage and injuries sustained within the region. Environment, Health & Safety focuses
on released hazardous materials; Facilities Management works to restore broken utility service;
and Facilities Design and Construction evaluates structural building damage. Campus Emergency Response Team (CERT) members may be
involved in light search and rescue, basic fire suppression, triage and first aid activities, as well as supporting the incident command activities.
Department Safety Coordinator
The Department Safety Coordinator is a designated departmental person responsible for liaison activities with the UC San Diego Office of
Emergency Services on all emergency-planning matters, including development of Departmental Emergency Action and UC Ready Continuity
Plans. Coordinators are responsible for ensuring all department personnel are alerted and evacuate quickly to their designated assembly
area outside when the building alarm system is activated. Coordinators are also responsible for identifying individuals who will require special
assistance during emergency activities and ensuring specific arrangements are in place to meet their needs.
The University’s response efforts could last for hours, days, or even weeks depending on the severity of the event. It is essential to the overall
success of the response that everyone clearly understands the structure of the Plan and what his or her responsibilities are within their
Department Emergency Action Plan.
Drills and Exercises
The University conducts numerous emergency response exercises each year, such as tabletop drills, field exercises, and tests of the
emergency notification systems on campus, and publicizes the emergency and response evacuation procedures in conjunction with at least
one of these activities per year. These exercises are designed to assess and evaluate the emergency plans and capabilities of the University.
During the fall quarter, a scheduled evacuation drill is conducted in the residential facilities on campus. Residents are provided advance
notice advising the date and time of the drill and the evacuation location for their area. An annual tabletop drill for senior campus
management with a scenario exercise provides an opportunity to test campus coordination efforts. Other exercises involving emergency
responders throughout the county may also be scheduled during the year. For each drill, the University documents a description of the drill,
the date and time of the drill, and whether it was announced or unannounced.
Ongoing campus projects aimed at improving emergency response include centralization of public address systems using existing
infrastructure, replacement of existing mass notification towers with eco-friendly housings and enhanced reporting and notification
capabilities, and mobile digital signage with surveillance camera capabilities at main campus entry points.
In conjunction with the scheduled drills, the University provides participants with copies of the emergency response and evacuation
procedures.
The Emergency Operations Plan can be found at:
http://www-bfs.ucsd.edu/emerg/ucsdemp.htm.
Instructions for building evacuations can be obtained at:
http://blink.ucsd.edu/safety/emergencies/preparedness/get-ready/evacuation.html
For situations involving acts of violence, the following guide provides instructions:
http://blink.ucsd.edu/safety/emergencies/preparedness/guide.html#Acts-of-violence
The UC San Diego Emergency Guide published by Environment, Health,
& Safety contains essential phone numbers and “What to do in case of...?” information for
employees and students: http://blink.ucsd.edu/safety/emergencies/preparedness/guide.html
UC San Diego Annual Security Report • 2015
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Campus Safety and Crime Prevention Education
The UC San Diego Police Department, the Campus Advocacy, Resources, and
Education at the Sexual Assault Resource Center (CARE at SARC), the Office for
the Prevention of Harassment & Discrimination (OPHD), the Office of Student
Conduct, the Women’s Center, Student Health Services, Residential Life, the
college deans, and other key departments on campus all actively participate in
the effort to educate the campus community about personal safety and crime
awareness and prevention. Safety presentations are provided for parents and all
incoming students during Welcome Week, and to staff as requested throughout
the year. Workshops and presentations covering a variety of topics are available,
including alcohol and drug abuse, bicycle safety, office safety, sexual assault and
rape prevention, vehicle and residential security, and self-defense instruction.
Other services provided by the UC San Diego Police Department include office security surveys, workplace violence training and
antitheft presentations.
In addition to classroom sessions, information is also available to the campus through the UC San Diego Police Department website,
which posts daily crime and arrest activity as well as security alerts: http://police.ucsd.edu/crimelog. Various campus units
produce brochures relating to security practices and crime prevention. On Admit Day, Transfer Admit Day and several other times
throughout the year, display tables are set up at key locations on campus to provide information on campus safety.
While the UC San Diego Police Department may offer advice and assistance
regarding campus safety, all members of the campus community are encouraged to
take responsibility for their own safety and, when possible, assist others. Be aware of
your environment, be a responsive bystander and use campus resources. To prevent
unauthorized access to campus buildings, do not prop doors open, leave doors unlocked,
or open the door for anyone you don’t know. Protect the security of your keys and
immediately report the loss or theft of keys to the UC San Diego Lock Shop and/or the
UC San Diego Police Department. Report crimes or suspicious circumstances, including
door-to-door solicitation, to the Police Department.
Safety Escorts
Campus safety escorts are available every day of the academic school year,
excluding the summer quarter. Dial (858) 534-WALK (9255) to request one.
Did you know that you can request a Repeating Escort? You can arrange to
have a Community Service Officer (CSO) meet you at the same place and
time each week without having to request one each night. This makes it
convenient to get an escort home after a late class or when practice ends.
Community Service Officers (CSOs) are student employees of the
UC San Diego Police Department. They receive training in self-defense,
first aid, and traffic control. They also assist at special events and act as
eyes and ears for the police department. Interested in applying? Contact the
CSO Coordinator at (858) 822-1130.
UC San Diego Annual Security Report • 2015
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Firearms and Weapons
The following are laws pertaining to firearms, weapons, or destructive devices on University property:
• It is unlawful for any person to bring or possess any firearm (loaded or unloaded) upon the campus of, or buildings owned or operated for
student housing, teaching, research or administration by a public or private university (certain exceptions apply). California Penal Code §§
626.9(h) & (i)
• It is unlawful for any person to bring or possess any dirk, dagger, ice pick, or knife having a fixed blade longer than 2.5 inches upon the
grounds of, or within the University of California (certain exceptions apply). California Penal Code § 626.10(b)
• It is unlawful for any person to bring or possess a less than lethal weapon, as defined in California Penal Code § 16780, or stun gun, as
defined in California Penal Code § 17230, upon the grounds of or within a public or private university (certain exceptions apply). California
Penal Code § 626.10(i)
• It is unlawful for any person, except in self-defense, to draw or exhibit an imitation firearm, “BB” device, toy gun or a replica of a firearm in
a threatening manner against another in such a way as to cause a reasonable person apprehension or fear of bodily harm. California Penal
Code § 417.4
• It is unlawful for any person to possess for any reason any explosives, pipe bomb, grenade, destructive device or dry ice bomb. California
Penal Code § 18710
• It is unlawful for any person to possess any type of cane gun, wallet gun, any undetectable or camouflaged firearm, ballistic knife, belt
buckle knife, leaded cane, zip gun, lipstick case knife, air gauge knife, writing pen knife, practice hand grenade, billy club, sand club, sap,
wooden, metal or composite knuckles, shuriken, nunchaku, or blackjack. California Penal Code §§ 19200, 20310, 20410, 20610, 20910,
21110, 21710, 21810, 22010, 22210, 22410, 24310, 24410, 24710, and 33600
Missing Persons
If a member of the University community has reason to believe that a student who resides in on-campus housing is missing, he or she
should immediately notify the UC San Diego Police Department at (858) 534-4357. The Police Department will generate a missing
person report and initiate an investigation. California law requires all local police and sheriff’s departments to accept any report by any
party, including a telephonic report of a missing person, without delay and shall give priority to handling these reports over the handling
of reports relating to crimes involving property. The local police or sheriff’s department is required to immediately take reasonable steps
to locate the missing person.
In cases where the report is taken by a department, other than that of the city or county of residence of the missing person, the
department shall notify and send a copy of the report to the department(s) having jurisdiction over the residence of the missing person
and the place where the missing person was last seen. (California Penal Code § 14211).
Notifications will be made to the following within twenty-four hours of determining that a student is missing:
• The student’s designated confidential contact
• The student’s parent or legal guardian, if under the age of eighteen and not emancipated
• Surrounding law enforcement agencies
Students residing in on-campus housing have the option to identify individuals to be contacted by the University within 24 hours of the
determination that the student is missing. The confidential contact information will be accessible only to authorized campus officials,
and may not be disclosed except to law enforcement personnel in furtherance of a missing person investigation. Please note that the
University must notify a custodial parent or guardian if the student is under 18 years of age and not emancipated in addition to notifying
any additional contact person designated by the student. Undergraduate students can designate a confidential contact on their housing
contract, during room selection or anytime during the year by contacting their Residential Life Office. Graduate students can designate
a confidential contact on their housing application prior to move-in, or anytime during the year by submitting a form. In addition to the
notifications mentioned above, once an investigation is launched, it may include contacting any or all of the following:
•
•
•
•
The student’s parents
The law enforcement agency that has jurisdiction where the student’s permanent residence is located
Law enforcement agencies along a route where the student may have likely traveled
Any other person or entity that may have information as to the whereabouts of the missing student
Call Boxes
Use a call box to contact the UC San Diego Police Department or to request a safety escort. They
can be found in most parking lots and parking structures, as well as other locations on campus.
For a list, visit: http://blink.ucsd.edu/safety/emergencies/security/call.html
Identity Theft
Protect yourself from becoming a victim. Access the Identity Theft Resource Guide at
http://www.police.ucsd.edu/docs/id%20theft%20brochure%20web.pdf
UC San Diego Annual Security Report • 2015
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Lost &
Found
The UC San Diego Police
Department maintains found
property for the campus.
Contact us during business
hours at (858) 534-4361 to
see if someone has turned in
your lost item.
Party Safety Tips
Stay safe while having fun at parties. Party safety tips are available at
http://studenthealth.ucsd.edu/pdfdocs/partysaferbrochure.pdf
Alcohol and Drug Information
Student Health Services has provided information concerning alcohol and other
drugs at http://studenthealth.ucsd.edu/aod.shtml
Rape Aggression Defense
UC San Diego offers Rape Aggression Defense (RAD) classes quarterly. Contact
the Campus Advocacy, Resources, and Education at the Sexual Assault Resource
Center (CARE at SARC) at (858) 534-5793 to sign up.
Alcohol Policy
The purchase, sale, service, manufacture, possession, use, and consumption of alcohol and/or malt beverages on University
property is governed by the UC San Diego Consumption of Alcoholic and/or Malt Beverages Policy, PPM 510-1 Section XIII,
(http://adminrecords.ucsd.edu/ppm/docs/510-1.13.HTML) and California state law. It is a violation of this policy for anyone
to consume or possess alcohol in any public or private area of campus without prior University approval. The UC San Diego campus
has been designated “drug free” and the consumption of alcohol is only permitted under certain circumstances. Organizations or
groups violating alcohol policies or laws may be subject to sanctions by University, local, state, or federal authorities. It is unlawful
to sell, furnish, or provide alcohol to a person under the age of twenty-one. The possession of alcohol by anyone under twenty-one
years of age in a public place or a place open to the public is illegal. Violators are subject to University disciplinary action, criminal
prosecution, fine, and imprisonment.
Drug Policy
The UC San Diego Police Department enforces violations of state statutes relating to the illegal possession, use, sale, manufacture,
or distribution of controlled substances, as defined in California Health and Safety Code §§ 11054, 11055, 11056, 11057 and
11058. Violators are subject to University disciplinary action, criminal prosecution, fine or imprisonment. Violation of federal statutes
governing the illegal possession, use, sale, manufacture, or distribution of controlled substances will be forwarded to the appropriate
federal authorities.
Substance Abuse Education
The University makes available to students and employees a wide variety of programs designed to discourage the use of illicit
substances and provide information on legal and responsible alcohol consumption. Abuse of alcohol and drugs can have a dramatic
impact on academic, professional, and family life. Members of the community who may be experiencing difficulty with drugs or
alcohol are encouraged to seek assistance.
Counseling and Psychological Services (CAPS) provides counseling and referral services to students who suffer from a substance
abuse problem. Please visit http://caps.ucsd.edu/#students. Group and individual counseling sessions are available to students at
no cost. All information regarding any contact or counseling is confidential and will be treated in accordance with University policies,
and state and federal laws. A student’s decision to seek assistance will not be used in connection with any academic determination
or as a basis for disciplinary action.
Employees dealing with substance abuse issues are encouraged to seek assistance through the Faculty and Staff Assistance Program
(FSAP) where counseling, referrals, and other services are available.
Please visit http://blink.ucsd.edu/sponsor/hr/org-chart/fsap.html.
The University’s Drug Free Schools and Communities Act report is available at
http://studenthealth.ucsd.edu/pdfdocs/biennialreport20122014.pdf and http://www-hr.ucsd.edu/~qwl/subabuse.pdf.
Additional resources are available at http://blink.ucsd.edu/HR/services/support/substance/index.html and
http://blink.ucsd.edu/sponsor/hr/reaffirm/safety.html.
UC San Diego Annual Security Report • 2015
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Programs to Prevent Dating Violence, Domestic Violence,
Sexual Assault and Stalking
UC San Diego prohibits the crimes of dating violence, domestic violence, sexual assault and stalking. UC San Diego offers various programs
to assist students with a wide range of issues, including primary and ongoing programs to promote the awareness and prevention of dating
violence, domestic violence, sexual assault and stalking. These programs are available from CARE at SARC, OPHD, the UC San Diego Police
Department and Student Health Services. In addition, other University departments and student organizations may organize campaigns
throughout the school year on topics that overlap with dating violence, domestic violence, sexual assault and stalking. Please see federal and
state definitions of these terms in the sections entitled: Federal Definitions of Dating Violence, Domestic Violence, Sexual Assault and Stalking
and State Definitions of Dating Violence, Domestic Violence, Sexual Assault, Stalking and Consent.
All incoming freshmen and transfer students take a mandatory online program entitled “We Are Tritons,” which introduces University
non-discrimination policies, and policies prohibiting dating violence, domestic violence, sexual assault and stalking. If incoming students do
not complete “We Are Tritons” within the time period established by the campus, a registration hold is placed on the student’s record and the
student is not able to register for classes until the training is completed. CARE at SARC also provides mandatory in-person training for all
incoming freshmen and transfer students during new student orientation. This education includes information about the nature, dynamics and
common circumstances associated with dating violence, domestic violence, sexual assault and stalking. The program also includes information
about risk reduction and bystander intervention strategies. In addition to these programs, each year CARE at SARC provides on-going
education through a number of violence prevention programs, lectures, training sessions and workshops to departments, residence halls,
student organizations, athletic teams, sororities and fraternities. CARE at SARC also prepares and widely distributes numerous educational
brochures and publications.
UC San Diego provides periodic training relating to the prevention and handling of dating violence, domestic violence, sexual assault and
stalking to all relevant personnel, including UC San Diego police officers and dispatchers, Office of Student Conduct staff and hearing officers,
University investigators and other staff associated with the Title IX program.
The OPHD provides education relating to the prevention and response to disclosures of
dating violence, domestic violence, sexual assault and stalking at New Employee Orientation.
All instructor-led sexual harassment prevention programs for supervisors, including faculty, also
include information regarding the prevention and response to disclosures of sexual violence.
An online program covering these topics is also available to all employees.
Additionally, UC San Diego Health Sciences provides a mandatory online program for all new
employees that provides education relating to the prevention and handling of dating violence,
domestic violence, sexual assault and stalking.
Finally, CARE at SARC provides on-going education throughout the year for the entire UC San Diego community and with special focus on
domestic violence/dating violence in October, stalking in January, and sexual assault in April. Program content is specialized for each group
that CARE at SARC works with. Topics include:
•
•
•
•
Clarifying Consent
Rape Culture to Culture of Consent
Understanding Healthy Relationships & Identifying Red Flags
How to Support Survivors
•
•
•
•
Intersectionality & Sexual Assault
Cyber Safety & Stalking Prevention
Bystander Intervention Techniques
Community Safety Tips
In addition to CARE at SARC’s outreach efforts, the UC San Diego Women’s Center, Health Promotion Services, and OPHD provide various
education and training programs to the campus community that often address sexual assault, consent, healthy relationships, and stalking.
CARE at SARC has worked closely with these departments to ensure consistency in the educational messages.
For Students:
“We Are Tritons” Online Program
All incoming freshman, transfer students and Education Abroad Program (EAP) Reciprocity students are required to complete the
“We Are Tritons” online program prior to enrolling in classes. This program covers the following topics:
• Definitions of dating violence, domestic violence, sexual assault and stalking
• University’s statement regarding sex offenses
• Reporting options (Administrative, Criminal, Civil)
• Bystander intervention & risk reduction strategies
• Domestic violence and dating violence red flag warnings
• Information on available resources and services that CARE at SARC provides, including 24/7 after-hours crisis care, advocacy,
accompaniment and confidential counseling
New Student Orientation
All incoming freshmen and transfer students receive in-person presentations during mandatory orientation. These presentations vary by
college and include topics such as healthy relationships, bystander intervention techniques, defining consent, how to help a friend, online
safety tips and campus resources.
UC San Diego Annual Security Report • 2015
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Cute or Creepy: Understanding Healthy Relationships
This one-hour workshop explores the dynamics of a healthy relationship and gives students practice on identifying behaviors in a
relationship that could be considered “cute/healthy” vs. what’s “creepy/unhealthy”. Discussion includes: red flag behaviors, bystander
intervention, power and control tactics, and working with campus resources.
Who’s Checking You In/Out?
Twitter. Tumblr. Facebook. Google. This program offers tips about online safety, privacy settings, texting/sexting, social networks and how to
protect personal information. Discussion includes: definitions of stalking and cyberstalking, reporting options, and working with campus
resources.
Every Little BIT Counts
You ever see something and want to say something? Do you want to know how to successfully intervene when something is wrong?
This program teaches the UC San Diego Bystander Intervention Techniques (BIT) model that offers skills and strategies for individuals who
want to learn how to step in when something just doesn’t feel right. Discussion focuses on definitions of sexual assault, consent, bystander
intervention norms, and working with campus resources.
Bystander intervention is when one person chooses to take a stand, speak up, or step in when witnessing an uncomfortable situation. It
encompasses safe and positive options that may be carried out by an individual or individuals to prevent harm or intervene when there is
a risk of dating violence, domestic violence, sexual assault or stalking. Bystander intervention includes recognizing situations of potential
harm, understanding institutional structures and cultural conditions that facilitate violence, overcoming barriers to intervening, identifying
safe and effective intervention options, and taking action to intervene.
Created by UC San Diego students and staff, the UC San Diego Bystander Intervention Techniques (BIT) model can empower you with the
skills needed to become a responsive bystander in everyday situations. Check out IDEAS for getting involved:
The UC San Diego Bystander Intervention Techniques (BIT) Model
Choose which IDEAS are best and act:
• Interrupt
• Distract
• Engage Peers
• Authorities
• Safety
How to Support a Survivor
This program offers some insights on how friends and family members of sexual assault survivors can offer support and resources as well as
employ strategies for self-care. Identifying information of victims/survivors will not be discussed.
Yes, No, Maybe? Clarifying Consent
This is an interactive workshop that focuses on communication, consent, and healthy sexuality. Learn what consent is and how to ask, listen,
and respect. Discussion focuses on definitions, “yes means yes” education, bystander intervention and working with campus resources.
Party Time, Party Wise!
What can you do before a party, during a party, and after a party to make sure that you and your friends have a good time? This program is
interactive while teaching some important strategies on making sure everyone gets home safe after a party.
Safety/Sexual Jeopardy – CARE at SARC & Student Health
Learn important safety and health information in a fun and innovative way. This program discusses sexual health as well as general safety
tips. Great for coed groups and works best with at least 10 participants.
CARE at SARC Services
This program is for student organizations interested in learning more about CARE at SARC. This presentation is a comprehensive summary
of the educational outreach and support services provided by CARE at SARC advocates to students affected by dating violence, domestic
violence, sexual assault and stalking.
Rape Aggression Defense – UC San Diego Police Department
Rape Aggression Defense (R.A.D.) is a national program designed to provide women with the concepts and methods needed for
self-defense. The program enables women to take a more active role in protecting themselves and their psychological well-being.
Take a R.A.D. class to learn:
• Effective and proven self-defense techniques
• Awareness and prevention
• Risk reduction and avoidance
UC San Diego Annual Security Report • 2015
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For Faculty and Staff:
How to Refer a Student to CARE at SARC
If your department works closely with UC San Diego students, this workshop provides an overview on how to respond to students in crisis
and how to assist them in seeking services from CARE at SARC. It will also address how to respond in a timely fashion and ensure that
the students’ rights and privacy are respected. Finally, we will provide information for non-confidential staff and faculty on their reporting
obligations in relation to the Clery Act and Title IX. We will also review campus policies and procedures related to dating violence, domestic
violence, sexual assault and stalking.
Managing Disruptive Behavior – CARE at SARC and UC San Diego Police Department
Learning how to handle difficult people in a respectful yet assertive way is a valuable skill for anyone to know. This program introduces basic
skills that can be applied in most situations when you are dealing with disruptive individuals. We also cover how to be a good witness and
when to call the police.
Safety and the UC San Diego Community
This program provides an overview of general campus safety information, such as crime statistics, safety tips and the emergency notification
system.
Rape Aggression Defense - UC San Diego Police Department
Rape Aggression Defense (R.A.D.) is a national program designed to provide women with the concepts and methods needed for self-defense.
The program enables women to take a more active role in protecting themselves and their psychological well-being.
Take a R.A.D. class to learn:
• Effective and proven self-defense techniques
• Awareness and prevention
• Risk reduction and avoidance
Dating Violence, Domestic Violence, Sexual Assault and
Stalking Policies and Reporting Options
UC San Diego is committed to creating and maintaining a community where all individuals who participate in University programs and
activities can work and learn together in an atmosphere free of harassment, exploitation, or intimidation. Every member of the community
should be aware that the University prohibits sexual harassment and sexual violence, and that such behavior violates both law and University
policy. The University will respond promptly and effectively to reports of sexual harassment and sexual violence, and will take appropriate
action to prevent, to correct, and when necessary, to discipline behavior that violates this policy.
When a student or employee reports to the University that the he or she has been a victim of dating violence, domestic violence, sexual
assault, or stalking, whether the offense occurred on or off campus, CARE at SARC will provide the student or employee with a written
explanation of the student’s or employee’s rights or options as they relate to reporting options; the importance of preserving evidence;
rights and responsibilities relating to protection orders, no-contact orders, and restraining orders; information about confidentiality;
information about various victim assistance options; and an explanation on the procedures for disciplinary action. This information is also
provided in this Annual Security Report.
Reporting Dating Violence, Domestic Violence, Sexual Assault and Stalking
There are reporting options available to someone who is a victim of dating violence, domestic violence, sexual assault and stalking.
Reporting options include: criminal, civil, administrative, and non-reporting options. Regardless of what option a victim chooses,
CARE at SARC can provide free and confidential support as well as an explanation of each reporting option in detail.
Criminal Reporting
It is a victim’s choice to report a crime. For the quickest response, call 911 to be connected to the nearest police department. Reporting
to the police is an option at any time. If a victim chooses not to report the crime immediately, the report can still be made at a later time.
Crimes may be reported anonymously and confidentially to the UC San Diego Police at 858-534-HELP (4357). A Campus Advocate can
also offer free and confidential assistance with this process.
Civil Reporting
Filing a Civil Suit
A victim may choose to file a civil suit against the defendant whether or not criminal charges
have been filed. A civil suit gives a victim an opportunity to recover actual damages. This may
include compensation for medical expenses, lost wages, pain, suffering, and emotional distress.
Contact CARE at SARC for free and confidential help with this process.
Obtaining a Protective/Restraining Order
A victim may also choose to obtain a protective/restraining order. Protective orders are civil court
orders to protect victims who have experienced or are reasonably in fear of physical violence,
sexual assault or stalking by another individual. In California, one may obtain a domestic
violence restraining order or a civil harassment restraining order. A Campus Advocate can also
offer free and confidential assistance with this process.
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Reporting to UC San Diego Campus Administration
Any victim has the choice of reporting to the campus administration under UC San Diego policy. UC San Diego encourages anyone who has
experienced dating violence, domestic violence, sexual assault or stalking to report an offense as soon as possible after its occurrence, in
order for appropriate and timely action to be taken. When an administrative complaint is made, the Office for the Prevention of Harassment &
Discrimination (OPHD) conducts the investigation as to whether a violation of policy took place. Please see below section on Administrative
Handling of Dating Violence, Domestic Violence, Sexual Assault and Stalking Reports.
Non-Reporting Options
Victims may contact CARE at SARC, Counseling and Psychological Services (CAPS), or Faculty Staff Assistance Program (FSAP) for more
information, emotional support, and individual and group counseling.
If the victim would like to seek support off campus, the Center for Community Solutions (CCS) provides services to victims of sexual assault,
relationship violence, and stalking in San Diego County.
Seeking Medical Attention and Preserving Evidence
Regardless of whether the incident is reported to the police, it is important to seek immediate medical attention, even if there is no evidence
of serious injury. A medical examination is important to check for sexually transmitted diseases or other infection/injuries, and for pregnancy.
Student Health Services provides medical care for all registered students. Employees may obtain medical attention through their medical
provider. Medical professionals are mandated reporters of crimes. If a victim discloses sexual assault or domestic violence, then the medical
provider is required to contact law enforcement. The victim has a choice as to whether or not he or she wants to speak to law enforcement.
The University encourages victims to preserve all physical evidence that may assist in proving the alleged criminal offense occurred or may be
helpful in obtaining a protective order. To preserve evidence, you should not change clothes, bathe or shower, brush your teeth or use mouthwash,
comb your hair, or take other action to clean up before going to the hospital. If you feel you may have been administered drugs to facilitate an
assault, it is best to wait to urinate until you reach the hospital or the forensic exam and a urine sample can be collected. A representative from
CARE at SARC and a police officer will accompany you to the exam if you consent.
Sexual Assault Forensic Exam (SAFE) and Non-Investigative Report (NIR) Exam
A sexual assault victim has the option to have a Sexual Assault Forensic Exam (SAFE) (commonly referred to as “rape exam”). The victim
may have a reported SAFE exam, which means that he or she is choosing to report to law enforcement and cooperate with an investigation.
A victim also has the option to have a SAFE exam without filing a police report. This is referred to as a Non-Investigative Report (NIR) exam.
During the SAFE or NIR exam, the Sexual Assault Nurse Examiner (SANE) interviews the victim, collects any physical evidence from the sexual
assault, and stores evidence in a secure location. If the sexual assault was reported to law enforcement, then the appropriate law enforcement
agency will store the evidence as part of the investigation. If the victim has chosen the NIR exam, the evidentiary kit will be identified using
a case number without the victim’s name or contact information. NIR physical evidence will be held for a period of 18 months, then it will
be destroyed if the victim has decided not to move forward with a criminal report during that time. The NIR will not trigger an investigation;
therefore, no action will be taken against the alleged party as the result of this report. If the victim changes his/her mind and wants to make
an investigative report to law enforcement, the victim will sign a release, before the 18 month time frame expires, allowing the SANE to release
evidence to the police. CARE at SARC staff is available to assist students with this process.
Student Health Services and Thornton Hospital DO NOT conduct SAFE/NIR Exams. Only one facility in San Diego County, operated by
Independent Forensic Services, performs the SAFE/NIR exams. UC San Diego students who want to utilize the NIR option should contact
CARE at SARC (858-534-5793, or after hours, 858-534-HELP) to determine the appropriate medical facility for the exam.
Any residents of San Diego County who wish to utilize the NIR option can contact the Center for Community Solutions’
24-hour hotline at (888) 385-4657.
Obtaining Support, Assistance, Resources and Referrals
In order to ensure that you are provided with support and assistance, the UC San Diego Police Department contacts CARE at SARC as soon as
you contact the police.
A representative from CARE at SARC is available regardless of whether you choose to report to law enforcement. CARE at SARC is available
24/7 throughout the year by calling (858) 534-5793. More information is available on the CARE at SARC website: http://sarc.ucsd.edu.
CARE at SARC can provide:
• Crisis counseling
• Information relating to academic, living, transportation, and employment accommodations
• Accompaniment during medical forensic exam, interviews by law enforcement or University investigators, student judicial proceedings, court
hearings, etc.
• Academic advocacy (serving as a liaison between you and instructors, departments, and deans’ offices to make necessary arrangements for
accommodations)
• Housing advocacy (serving as a liaison for issues of housing and safety and assisting in requests for changing on-campus housing if
requested)
• Explanation of reporting options, including explaining the availability of and providing assistance with orders of protection, no-contact orders
and restraining orders or similar lawful orders issued by a criminal, civil or tribal court or by the institution. (Individuals can notify the
UC San Diego Police Department for assistance with violations of these orders.)
• On-going individual and group counseling
UC San Diego Annual Security Report • 2015
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CARE at SARC will provide written information to victims about options for, available assistance in, and how to request changes to academic,
living, transportation, and working situations or protective measures. The University will make accommodations and provide protective measures
if the victim requests them and if they are reasonably available, regardless of whether the victim chooses to report the crime to the
UC San Diego Police Department or local law enforcement.
CARE at SARC will provide you with written information regarding resources relating to existing counseling, health, mental health, victim
advocacy, legal assistance, visa, immigration assistance, student financial aid and other services available for victims both within the University
and within the larger community. In addition, CARE at SARC will refer you as necessary to other resources, including support groups, individual
psychological counseling and outside agencies. The Center for Community Solutions operates a 24-hour toll-free hotline at (888) DVLINKS
(385-4657) for San Diego County victims and survivors of domestic violence and sexual assault. The San Diego stalking hotline can be reached
at (619) 515-8900 for information and support for victims of stalking. The above information, as well as national hotline numbers can be found
on the CARE at SARC website: http://sarc.ucsd.edu.
These services are available regardless of whether the victim chooses to report to the University, campus police or local law enforcement.
CARE at SARC, licensed counselors at Counseling and Psychological Services or the Faculty Staff Assistance Program, and the Office of the
Ombuds provide places where individuals who may be considering making a report of a sex offense can discuss their concerns and learn about
the procedures and potential outcomes while remaining confidential. Individuals consulting with these confidential resources will be advised
that their discussions in these settings are not considered an official notice or report to UC San Diego about a sex offense. Without additional
action by the individual, such as reporting the incident to the Office for the Prevention of Harassment & Discrimination (OPHD), the UC San
Diego Police Department or other University officials, these confidential discussions will not result in any action by the University to resolve their
concerns, except as otherwise required by law. Further, the University will maintain as confidential any accommodations or protective measures
provided to the victim, to the extent that maintaining such confidentiality would not impair the ability of the University to provide
the accommodations or protective measures.
Administrative Handling of Dating Violence, Domestic
Violence, Sexual Assault and Stalking Reports
UC San Diego takes all complaints of sexual harassment and sexual violence very seriously. Your safety and well-being are among the
University’s highest priorities, and you have the right to a learning or work environment that is free from any type of harassment or discrimination.
UC San Diego responds to reports of sexual assault, dating/domestic violence and stalking through the University’s sexual harassment and
sexual violence policy and procedures. A full copy of the Interim Policy governing the University of California system relating to sexual assault
and sexual violence is available at: http://policy.ucop.edu/doc/4000385/SHSV and at Appendix A. This policy contains the definition of
“consent” governing the entire University of California system.
If a victim is interested in the administrative reporting option, the University strongly recommends that victims seek out the support of
CARE at SARC to provide confidential advocacy. Students who choose to make an administrative report to the University, will be referred
to the Office of Student Conduct (OSC); while staff and faculty will be referred to the Office for the Prevention of Harassment &
Discrimination (OPHD). These offices will explain the UC San Diego administrative procedures for responding to complaints of sexual violence.
The complainant (victim) has the option of filing a formal report or an alternative to a formal report as described in full in Appendix B and
http://adminrecords.ucsd.edu/ppm/docs/200-19.html. OSC and OPHD will also determine with you whether any interim protections need
to be put into place. The University may implement measures such as:
• Creating a plan to limit or prevent contact between you and the other person. This may include making changes to academic or housing
situations for you or the accused;
• Taking steps to increase your sense of safety and security while you continue with your classes, work and other activities;
• Providing confidential emotional support through Counseling and Psychological Services, the Faculty and Staff Assistance Program, and/or
CARE at SARC.
After your meeting with OSC or OPHD, your complaint will be reviewed to determine if a formal investigation should be conducted.
Most sexual violence cases are handled through a formal investigation.
If an investigation is warranted, the Title IX Officer will appoint an official investigator. Investigators receive annual training on issues related
to dating violence, domestic violence, sexual assault and stalking and how to conduct an investigation that protects the safety of victims and
promotes accountability. The entire process from initial investigation to final result shall be prompt, fair and impartial. Both the accuser and the
accused will be notified of the investigation. The investigator will meet separately with the accuser, the accused and other potential witnesses
to gather information. When that process is complete (usually within 60 working days), the investigator will prepare and submit a report
addressing whether or not University policy was violated. The standard of evidence in these cases is preponderance of the evidence, with the
University bearing the burden of proof. Preponderance of the evidence means that it is “more likely than not” that the accused is responsible for
the charged violation. If there is a finding of a policy violation, the University will refer the matter to the appropriate office for consideration of
disciplinary action against the accused. The University will also consider whether any other action should be taken, such as remedies that may
be appropriate for the accuser. Please see Appendix B for a description of the investigative process.
UC San Diego Annual Security Report • 2015
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When the accused is a student, the matter is referred back to the Office of Student Conduct (OSC) for possible disciplinary action. OSC
informs both the accuser and the accused of its disciplinary procedures. If the matter proceeds to a hearing, a hearing panel will be appointed.
University hearing officers receive annual training on issues related to dating violence, domestic violence, sexual assault and stalking and how
to conduct a hearing that protects the safety of victims and promotes accountability. If a formal student disciplinary hearing is held, both the
accuser and the accused have the same rights to be present at the hearing, and both have the same right to be accompanied by an advisor at
any stage of the process.
Both parties will be simultaneously informed in writing of the result of any disciplinary proceeding relating from an
allegation of dating violence, domestic violence, sexual assault or stalking; the procedures for appealing the results of the
disciplinary proceeding; any change to the results that occurs before the results become final; and when such results become final.
Please see Appendix C and the attached link for the full description of the hearing procedures and appeals process:
https://students.ucsd.edu/_files/student-conduct/resolutionprocedures-sex_offenses_harassment_and_discrimination_updated9-21-15.pdf
The UC San Diego Student Conduct Code provides for one or more of the following sanctions when a Respondent accepts responsibility for
violating the Student Conduct Code or is found responsible for violating the Student Conduct Code. A finding that the violation was intentional,
forcible, violent, or motivated by hatred or bias normally results in a sanction of suspension or dismissal.
1. Formal Warning: A formal written notice to the Respondent (accused) that a violation of the Student Conduct Code has occurred and that
continued or repeated violations of the Student Conduct Code or other University Policies may be cause for further action.
2. Probation: A status assigned for a specified period of time during which the Respondent (accused) must demonstrate conduct that
conforms to University standards. Conditions restricting the Respondent’s privileges or eligibility for activities may be assigned. Violations of the
Student Conduct Code during the probationary period or violation of any conditions of the probation may result in further action.
3. Loss of Privileges and Exclusion from Activities: An exclusion from participating in designated privileges and activities for a specified
period of time. Violating any specified conditions, the Student Conduct Code or other University Policies during the period of this sanction may
be cause for further action.
4. Suspension: The termination of student status for a specified period of time with a defined reinstatement thereafter certain, provided that
the Respondent (accused) has complied with all conditions assigned as part of the suspension and is otherwise qualified for reinstatement.
Suspensions will normally take effect in the academic quarter immediately following the sending of the notice of final sanctions to the
Respondent, unless the incident involves harm to self or others, threats of violence, or other circumstances warranting an immediate
suspension. Violation of the conditions of suspension or of the Student Conduct Code or University policies during the period of suspension
may be cause for further action. The suspension will be noted on the Respondent’s transcript for the duration of the suspension and removed
when the suspension has ended.
5. Dismissal: The termination of student status. Readmission to UC San Diego shall require the specific approval of the Chancellor or his/her
designee. Readmission after dismissal may be granted only under exceptional circumstances. The dismissal will be noted permanently on the
Respondent’s (accused’s) transcript.
6. Exclusion from Areas of the Campus or from University-Supported Activities: The exclusion of a Respondent (accused) from specified
areas of the campus or other University owned, operated, or leased facilities, or other facilities located on University Grounds and Facilities, or
from University supported activities.
7. Restitution: The reimbursement of expenses incurred by the University or other parties resulting from a violation of the Student Conduct
Code. Reimbursement may be in the form of monetary payment or appropriate service to repair or otherwise compensate for damages.
Restitution may be assigned to any Respondent (accused) who alone, in a group, part of a Student Organization, or through concerted
activities, participates in causing the damages or costs. Students may be responsible for the restitution of damage(s) caused by their guests.
8. Revocation of Awarding of Degree: Subject to the concurrence of the Academic Senate, revocation of a degree obtained by fraud.
Such revocation is subject to review on appeal by the Chancellor or his/her designee.
9. Other Sanctions: Other sanctions may be assigned instead of, or in
addition to those specified above at the discretion of the Student Conduct
Officer or Council of Deans of Student Affairs. Other sanctions may include,
but are not limited to, stay away orders, written apologies, mandated
assessments, placement of a hold on University transcripts, diplomas, or
other student records, University Bookstore fines, and/or other sanctions as
deemed appropriate in light of the violation(s).
10. Educational Sanctions: Educational sanctions may be assigned instead
of, or in addition to those specified above at the discretion of the Student
Conduct Officer or Council of Deans of Student Affairs. Educational sanctions
may include, but are not limited to, reflection papers, participation in alcohol
or drug education programs, conducting research projects, or meeting with
University Officials.
UC San Diego Annual Security Report • 2015
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Disciplinary Action for UC San Diego Staff or Faculty Members
UC San Diego staff or faculty members may be subject to disciplinary action under applicable personnel policies or
collective bargaining agreements. Please see Appendix D for corrective actions for professional and support staff
http://policy.ucop.edu/doc/4010411/PPSM-62; Appendix E for termination of professional and support staff
http://policy.ucop.edu/doc/4010413/PPSM-64 and Appendix F for termination of managers and senior professionals
http://policy.ucop.edu/doc/4010414/PPSM-65. For more information about the administrative process the University uses to handle
cases of sexual violence, contact the Office for the Prevention of Harassment & Discrimination (OPHD) at (858) 534-8298, or see the OPHD
website at http://ophd.ucsd.edu.
Confidentiality
The University will protect the privacy of everyone involved in a report of sexual violence to the greatest degree possible under applicable
law and University policy. UC San Diego does not publish personally identifiable information of crime victims as part of its Clery-mandated
reporting, nor does it include identifiable information regarding victims in the Police Department’s Daily Crime and Fire Log. If you do not wish
to file a report with the police or the University, you can report a crime confidentially to CARE at SARC by contacting (858) 534-5793.
It may be helpful to know that certain University officials—supervisors, faculty, coaches and other authorities—have an obligation to respond
to reports of sexual harassment and sexual violence, even if the person making the report requests that no action be taken. If you prefer to
stay confidential, consider talking with a confidential resource before making an official complaint. Confidential resources are available at
CARE at SARC, Counseling and Psychological Services (CAPS), Faculty and Staff Assistance Program (FSAP) and the Office of the Ombuds.
Sex Offender Registration Information
The federal Campus Sex Crimes Prevention Act requires institutions of higher learning to issue a statement in their Annual Security Report
detailing where members of their campus community can obtain information concerning registered sex offenders. It also requires sex
offenders who are required to register under state law, to provide notice of their enrollment or employment at any institution of higher
learning in the state where he/she resides. In addition, California law requires sex offenders who reside on campus, and all campus
affiliated sex offenders, to register with campus law enforcement.
Members of the public may access sexual offender information at the Megan’s Law website maintained by the Department of Justice:
www.meganslaw.ca.gov. For information concerning offenders who have registered with the UC San Diego Police Department please
contact Investigations at (858) 534-4359.
Sources for Crime Statistics
This report contains crime statistics compiled for the 2014 calendar year, plus the
previous two calendar years. The information was compiled from reports received by the
UC San Diego Police Department, the San Diego Police Department, Campus Security
Authorities, the Student Conduct Office and other key campus areas.
Students
Faculty and Staff
Campus Advocacy, Resources, and Education at the
Sexual Assault Resource Center (CARE at SARC)
(858) 534-5793 • http://sarc.ucsd.edu
Campus Advocacy, Resources, and Education at the
Sexual Assault Resource Center (CARE at SARC)
(858) 534-5793 • http://sarc.ucsd.edu
Counseling and Psychological Services (CAPS)
(858) 534-3755 • http://caps.ucsd.edu
Faculty and Staff Assistance Program (FSAP)
(858) 534-5523
http://blink.ucsd.edu/sponsor/hr/org-chart/fsap.html
Student Health Services
858) 534-3300 • http://studenthealth.ucsd.edu
Student Legal Services
(858) 534-4374
https://students.ucsd.edu/sponsor/student-legal/
Employees dealing with substance abuse issues are encouraged
to seek assistance through FSAP where counseling, referrals,
and other services are available.
UC San Diego Annual Security Report • 2015
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OFFENSE DEFINITIONS
The following definitions come from the Summary Reporting System (SRS) User Manual from the FBI’s Uniform Crime Reporting
Program and are used for purposes of reporting crimes under the Clery Act.
Criminal Homicide - Murder and Non-negligent Manslaughter - The willful (non-negligent) killing of one human being by another.
Criminal Homicide - Negligent Manslaughter - The killing of another person through gross negligence.
Robbery - The taking or attempting to take anything of value from the care, custody, or control of a person or persons by force, or threat
of force, or violence, and/or by putting the victim in fear.
Aggravated Assault - An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury.
This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm.
(It is not necessary that injury result from an aggravated assault when a gun, knife, or other weapon is used which could and probably
would result in serious personal injury if the crime were successfully completed.)
Burglary - The unlawful entry of a structure to commit a felony or a theft. For reporting purposes this definition includes: unlawful entry
with intent to commit a larceny or felony; breaking and entering with intent to commit a larceny; housebreaking; safecracking; and all
attempts to commit any of the aforementioned.
Motor Vehicle Theft - The theft or attempted theft of a motor vehicle. (Classify as motor vehicle theft all cases where automobiles are
taken by persons not having lawful access even though the vehicles are later abandoned – including joyriding.)
Arson - Any willful or malicious burning or attempt to burn, with or without intent to defraud, a dwelling, house, public building, motor
vehicle or aircraft, personal property of another, etc.
Weapons Law Violations - The violation of laws or ordinances prohibiting the manufacture, sale, purchase, transportation, possession,
concealment, or use of firearms, cutting instruments, explosives, incendiary devices, or other deadly weapons.
Drug Abuse Violations - The violation of laws prohibiting the production, distribution and/or use of certain controlled substances and
the equipment or devices utilized in their preparation and/or use. The unlawful cultivation, manufacture, distribution, sale, purchase,
use, possession, transportation, or importation of any controlled drug or narcotic substance. Arrests for violations of State and local
laws, specifically those relating to the unlawful possession, sale, use, growing, manufacturing, and making of narcotic drugs.
Liquor Law Violations - The violation of State or local laws or ordinances prohibiting the manufacture, sale, purchase, transportation,
possession, or use of alcoholic beverages, not including driving under the influence and drunkenness.
The following definitions come from the U.S. Department of Education Code of Federal Regulations implementing the Clery Act and the
Violence Against Women Act (VAWA) as they relate to Hate Crimes and are used for purposes of reporting Hate Crimes under the Clery
Act and VAWA.
Hate Crimes – Crimes that are reported to local police agencies or to a campus security authority that manifests evidence that the
victim was intentionally selected because of the perpetrator’s bias against the victim. Categories of bias include the victim’s actual or
perceived race, religion, gender, gender identity, sexual orientation, ethnicity, national origin and disability. (34 CFR § 668.46(a))
For purposes of Clery Act and VAWA reporting, Hate Crimes are reported for the following crimes: criminal homicide: murder
and non-negligent manslaughter, criminal homicide: negligent manslaughter, sex offenses (rape, fondling, incest, and statutory
rape), robbery, aggravated assault, burglary, motor vehicle theft, arson, larceny-theft, simple assault, intimidation, destruction/
damage/vandalism of property, dating violence, domestic violence and stalking. See above for definitions of criminal homicide,
robbery, aggravated assault, burglary, motor vehicle theft, and arson.
The definitions for larceny-theft, simple assault, intimidation, and the destruction/damage/vandalism of property come from the
Hate Crime Data Collection Guidelines and Training Manual from the FBI’s Uniform Crime Reporting Program:
Larceny - Theft (Except Motor Vehicle Theft) - The unlawful taking, carrying, leading, or riding away of property from the possession or
constructive possession of another. Attempted larcenies are included. Embezzlement, confidence games, forgery, worthless checks, etc.,
are excluded.
Simple Assault - An unlawful physical attack by one person upon another where neither the offender displays a weapon, nor the
victim suffers obvious severe or aggravated bodily injury involving apparent broken bones, loss of teeth, possible internal injury, severe
laceration, or loss of consciousness.
Intimidation - To unlawfully place another person in reasonable fear of bodily harm through the use of threatening words and/or other
conduct, but without displaying a weapon or subjecting the victim to actual physical attack.
Destruction/Damage/Vandalism of Property - To willfully or maliciously destroy, damage, deface, or otherwise injure real or personal
property without the consent of the owner or the person having custody or control of it.
UC San Diego Annual Security Report • 2015
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FEDERAL DEFINITIONS OF DATING
VIOLENCE, DOMESTIC VIOLENCE,
SEXUAL ASSAULT AND STALKING
The following definitions come from the U.S. Department of Education Code of Federal Regulations (34 CFR § 668.46(a)), NIBRS
and the UCR, and are used for purposes of reporting crimes under the Clery Act and VAWA.
Dating Violence - Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the
victim.
(i) The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of
the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the
relationship.
(ii) For the purposes of this definition—
(A) Dating violence includes, but is not limited to, sexual or physical abuse or the threat of such abuse.
(B) Dating violence does not include acts covered under the definition of domestic violence.
Domestic Violence
(i) A felony or misdemeanor crime of violence committed—
(A) By a current or former spouse or intimate partner of the victim;
(B) By a person with whom the victim shares a child in common;
(C) By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
(D) By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which
the crime of violence occurred, or
(E) By any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family
violence laws of the jurisdiction in which the crime of violence occurred.
Sexual Assault - An offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s Uniform Crime
Reporting (UCR) program. Per the National Incident-Based Reporting System (NIBRS) User Manual from the FBI UCR Program. A sex
offense is any sexual act directed against another person, without the consent of the victim, including instances where the victim is
incapable of giving consent.
A. Rape - The penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex
organ of another person, without the consent of the victim. (Definition from the Summary Reporting System (SRS) User Manual
from the FBI’s UCR Program)
B. Fondling - The touching of the private body parts of another person for the purpose of sexual gratification, without the consent
of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her
temporary or permanent mental incapacity. (Definition from the NIBRS User Manual)
C. Incest - Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by
law. (Definition from NIBRS User Manual)
D. Statutory Rape - Sexual intercourse with a person who is under the statutory age of consent. (Definition from NIBRS User
Manual)
Stalking
(i) Engaging in a course of conduct directed at a specific person that would cause a reasonable person to—
(A) Fear for the person’s safety or the safety of others; or
(B) Suffer substantial emotional distress.
(ii) For the purposes of this definition—
(A) Course of conduct means two or more acts, including, but not limited to,
acts in which the stalker directly, indirectly, or through third parties, by any
action, method, device, or means, follows, monitors, observes, surveils,
threatens, or communicates to or about a person, or interferes with a
person’s property.
(B) Reasonable person means a reasonable person under similar
circumstances and with similar identities to the victim.
(C) Substantial emotional distress means significant mental suffering or
anguish that may, but does not necessarily, require medical or other
professional treatment or counseling.
UC San Diego Annual Security Report • 2015
23
STATE DEFINITIONS OF DATING VIOLENCE,
DOMESTIC VIOLENCE, SEXUAL ASSAULT,
STALKING AND CONSENT
The following definitions come from California state law and may be different from the federal definitions above which are used for
purposes of reporting crime statistics as mandated by the Clery Act as amended by VAWA.
Dating Violence
Included in the domestic violence definition of California Penal Code § 13700.
Domestic Violence – California Penal Code §13700
“Domestic violence” means abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former
cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship. For purposes
of this subdivision, “cohabitant” means two unrelated adult persons living together for a substantial period of time, resulting in some
permanency of relationship. Factors that may determine whether persons are cohabiting include, but are not limited to, (1) sexual
relations between the parties while sharing the same living quarters, (2) sharing of income or expenses, (3) joint use or ownership of
property, (4) whether the parties hold themselves out as husband and wife, (5) the continuity of the relationship, and (6) the length of
the relationship.
“Abuse” means intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable
apprehension of imminent serious bodily injury to himself or herself, or another.
Sexual Assault (Defined under the Clery Act and VAWA to be an offense that meets the definition of rape, fondling, incest, or statutory
rape as used in the FBI’s Uniform Crime Reporting Program)
A. Rape – California Penal Code § 261
(a) Rape is an act of sexual intercourse accomplished with a person not the spouse of the perpetrator, under any of the following
circumstances:
(1) Where a person is incapable, because of a mental disorder or developmental or physical disability, of giving legal consent,
and this is known or reasonably should be known to the person committing the act. Notwithstanding the existence of a
conservatorship pursuant to the provisions of the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of
Division 5 of the Welfare and Institutions Code), the prosecuting attorney shall prove, as an element of the crime, that a
mental disorder or developmental or physical disability rendered the alleged victim incapable of giving consent.
(2) Where it is accomplished against a person’s will by means of force, violence, duress, menace, or fear of immediate and
unlawful bodily injury on the person or another.
(3) Where a person is prevented from resisting by any intoxicating or anesthetic substance, or any controlled substance, and this
condition was known, or reasonably should have been known by the accused.
(4) Where a person is at the time unconscious of the nature of the act, and this is known to the accused. As used in this
paragraph, “unconscious of the nature of the act” means incapable of resisting because the victim meets any one of the
following conditions:
(A) Was unconscious or asleep.
(B) Was not aware, knowing, perceiving, or cognizant that the act occurred.
(C) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator’s fraud
in fact.
(D) Was not aware, knowing, perceiving, or cognizant of the essential characteristics of the act due to the perpetrator’s
fraudulent representation that the sexual penetration served a professional purpose when it served no professional
purpose.
(5) Where a person submits under the belief that the person committing the act is someone known to the victim other than
the accused, and this belief is induced by any artifice, pretense, or concealment practiced by the accused, with intent to
induce the belief.
(6) Where the act is accomplished against the victim’s will by threatening to retaliate in the future against the victim or any
other person, and there is a reasonable possibility that the perpetrator will execute the threat. As used in this paragraph,
“threatening to retaliate” means a threat to kidnap or falsely imprison, or to inflict extreme pain, serious bodily injury, or
death.
(7) Where the act is accomplished against the victim’s will by threatening to use the authority of a public official to
incarcerate, arrest, or deport the victim or another, and the victim has a reasonable belief that the perpetrator is a public
official. As used in this paragraph, “public official” means a person employed by a governmental agency who has the
authority, as part of that position, to incarcerate, arrest, or deport another. The perpetrator does not actually have to be a
public official.
UC San Diego Annual Security Report • 2015
24
(b) As used in this section, “duress” means a direct or implied threat of force,
violence, danger, or retribution sufficient to coerce a reasonable person of
ordinary susceptibilities to perform an act which otherwise would not have
been performed, or acquiesce in an act to which one otherwise would not
have submitted. The total circumstances, including the age of the victim, and
his or her relationship to the defendant, are factors to consider in appraising
the existence of duress.
(c) As used in this section, “menace” means any threat, declaration, or act
which shows an intention to inflict an injury upon another.
B. Sexual Battery (Fondling) – California Penal Code § 243.4 PC
(a) Any person who touches an intimate part of another person while that
person is unlawfully restrained by the accused or an accomplice, and if the
touching is against the will of the person touched and is for the purpose of
sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery. . . .
(b) Any person who touches an intimate part of another person who is institutionalized for medical treatment and who is seriously
disabled or medically incapacitated, if the touching is against the will of the person touched, and if the touching is for the purpose of
sexual arousal, sexual gratification, or sexual abuse, is guilty of sexual battery. . . .
(c) Any person who touches an intimate part of another person for the purpose of sexual arousal, sexual gratification, or sexual abuse,
and the victim is at the time unconscious of the nature of the act because the perpetrator fraudulently represented that the touching
served a professional purpose, is guilty of sexual battery. . . .
(d) Any person who, for the purpose of sexual arousal, sexual gratification, or sexual abuse, causes another, against that person’s will
while that person is unlawfully restrained either by the accused or an accomplice, or is institutionalized for medical treatment and is
seriously disabled or medically incapacitated, to masturbate or touch an intimate part of either of those persons or a third person, is
guilty of sexual battery. . . .
(e) (1) Any person who touches an intimate part of another person, if the touching is against the will of the person touched, and is for
the specific purpose of sexual arousal, sexual gratification, or sexual abuse, is guilty of misdemeanor sexual battery. . . .
(2) As used in this subdivision, “touches” means physical contact with another person, whether accomplished directly, through the
clothing of the person committing the offense, or through the clothing of the victim.
(f) As used in subdivisions (a), (b), (c), and (d), “touches” means physical contact with the skin of another person whether
accomplished directly or through the clothing of the person committing the offense.
(g) As used in this section, the following terms have the following meanings:
(1) “Intimate part” means the sexual organ, anus, groin, or buttocks of any person, and the breast of a female.
(2) “Sexual battery” does not include the crimes defined in Section 261 or 289.
(3) “Seriously disabled” means a person with severe physical or sensory disabilities.
(4) “Medically incapacitated” means a person who is incapacitated as a result of prescribed sedatives, anesthesia, or other
medication.
(5) “Institutionalized” means a person who is located voluntarily or involuntarily in a hospital, medical treatment facility,
nursing home, acute care facility, or mental hospital.
(6) “Minor” means a person under 18 years of age. . . .
C. Incest – California Penal Code § 285
Persons being within the degrees of consanguinity within which marriages are declared by law to be incestuous and void, who
intermarry with each other, or who being 14 years of age or older, commit fornication or adultery with each other, are punishable by
imprisonment in the state prison.
D. Statutory Rape – California Penal Code § 261.5
(a) Unlawful sexual intercourse is an act of sexual intercourse accomplished with a person who is not the spouse of the perpetrator,
if the person is a minor. For the purposes of this section, a “minor” is a person under the age of 18 years and an “adult” is a person
who is at least 18 years of age.
(b) Any person who engages in an act of unlawful sexual intercourse with a minor who is not more than three years older or three years
younger than the perpetrator, is guilty of a misdemeanor.
(c) Any person who engages in an act of unlawful sexual intercourse with a minor who is more than three years younger than the
perpetrator is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one
year, or by imprisonment pursuant to subdivision (h) of Section 1170.
(d) Any person 21 years of age or older who engages in an act of unlawful sexual intercourse with a minor who is under 16 years of
age is guilty of either a misdemeanor or a felony, and shall be punished by imprisonment in a county jail not exceeding one year,
or by imprisonment pursuant to subdivision (h) of Section 1170 for two, three, or four years. . . .
UC San Diego Annual Security Report • 2015
25
Stalking – California Penal Code § 646.9
(a) Any person who willfully, maliciously, and repeatedly follows or willfully and maliciously harasses another person and who makes a
credible threat with the intent to place that person in reasonable fear for his or her safety, or the safety of his or her immediate family
is guilty of the crime of stalking. . . .
(e) For the purposes of this section, “harasses” means engages in a knowing and willful course of conduct directed at a specific
person that seriously alarms, annoys, torments, or terrorizes the person, and that serves no legitimate purpose.
(f) For the purposes of this section, “course of conduct” means two or more acts occurring over a period of time, however short,
evidencing a continuity of purpose. Constitutionally protected activity is not included within the meaning of “course of conduct.”
(g) For the purposes of this section, “credible threat” means a verbal or written threat, including that performed through the use of
an electronic communication device, or a threat implied by a pattern of conduct or a combination of verbal, written, or electronically
communicated statements and conduct, made with the intent to place the person that is the target of the threat in reasonable fear for
his or her safety or the safety of his or her family, and made with the apparent ability to carry out the threat so as to cause the person
who is the target of the threat to reasonably fear for his or her safety or the safety of his or her family. It is not necessary to prove that
the defendant had the intent to actually carry out the threat. The present incarceration of a person making the threat shall not be a
bar to prosecution under this section. Constitutionally protected activity is not included within the meaning of “credible threat.”
(h) For purposes of this section, the term “electronic communication device” includes, but is not limited to, telephones, cellular
phones, computers, video recorders, fax machines, or pagers. “Electronic communication” has the same meaning as the term defined
in Subsection 12 of Section 2510 of Title 18 of the United States Code.
(i) This section shall not apply to conduct that occurs during labor picketing. . . .
(l) For purposes of this section, “immediate family” means any spouse, parent, child, any person related by consanguinity or affinity
within the second degree, or any other person who regularly resides in the household, or who, within the prior six months, regularly
resided in the household. . . .
Consent is defined under California law as the following:
California Penal Code §§ 261.6, 261.7 (in reference to sexual activity):
In prosecutions under Section 261, 262, 286, 288a, or 289, in which consent is
at issue, “consent” shall be defined to mean positive cooperation in act or attitude
pursuant to an exercise of free will. The person must act freely and voluntarily and have
knowledge of the nature of the act or transaction involved. A current or previous dating
or marital relationship shall not be sufficient to constitute consent where consent is
at issue in a prosecution under Section 261, 262, 286, 288a, or 289. Nothing in this
section shall affect the admissibility of evidence or the burden of proof on the issue of
consent.
261.7. In prosecutions under Section 261, 262, 286, 288a, or 289, in which consent
is at issue, evidence that the victim suggested, requested, or otherwise communicated
to the defendant that the defendant use a condom or other birth control device, without
additional evidence of consent, is not sufficient to constitute consent.
UC San Diego Annual Security Report • 2015
26
GEOGRAPHIC DEFINITIONS
Crimes are reported according to the following geographic definitions:
On Campus (34 CFR § 668.46(a))
(1) Any building or property owned or controlled by an institution within the same reasonably contiguous geographic area and used by the
institution in direct support of, or in a manner related to, the institution’s educational purposes, including residence halls; and
(2) Any building or property that is within or reasonably contiguous to paragraph (1) of this definition, that is owned by the institution but
controlled by another person, is frequently used by students, and supports institutional purposes (such as a food or other retail vendor).
On Campus Residential (subset of On Campus)
Any student housing facility that is owned or controlled by the institution, or is located on property that is owned or controlled by the institution, and is within the reasonably contiguous geographic area that makes up the campus is considered an on-campus student housing
facility.
Non-campus Building or Property (34 CFR § 668.46(a))
(1) Any building or property owned or controlled by a student organization that is officially recognized by the institution; or
(2) Any building or property owned or controlled by an institution that is used in direct support of, or in relation to, the institution’s educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the institution.
Public Property (34 CFR § 668.46(a))
All public property (including thoroughfares, streets, sidewalks, and parking facilities) that is within the campus, or immediately adjacent to
and accessible from the campus.
UC San Diego Annual Security Report • 2015
27
UC SAN DIEGO CRIME STATISTICS
OFFENSE
Murder/Non-Negligent
Manslaughter
Negligent Manslaughter
Sex Offenses - Forcible
Rape*
Fondling*
Sex Offenses - Non Forcible
Incest*
Statutory Rape*
Robbery
Aggravated Assault
Burglary
Motor Vehicle Theft
Arson
Domestic Violence**
Dating Violence**
Stalking**
Weapons Laws Arrests
Weapons Laws Discipline
Drug Laws Arrests
Drug Laws Discipline
Liquor Laws Arrests
Liquor Laws Discipline
YEAR
2014
2013
2012
2014
2013
2012
2014
2013
2012
2014
2013
2012
2014
2013
2012
2014
2013
2012
2014
2013
2012
2014
2013
2012
2014
2013
2012
2014
2013
2012
2014
2013
2012
2014
2013
2012
2014
2013
2012
2014
2013
2012
2014
2013
2012
2014
2013
2012
2014
2013
2012
2014
2013
2012
2014
2013
2012
2014
2013
2012
2014
2013
2012
2014
2013
2012
ON CAMPUS
RESIDENTIAL
0
0
0
0
0
0
X
16
9
9
X
X
1
X
X
X
0
0
0
X
X
0
X
X
0
0
0
0
2
5
9
14
4
0
0
0
0
0
0
2
6
X
8
3
X
0
0
X
1
1
0
3
3
9
3
5
5
474
360
548
73
7
5
1689
1513
1646
ALL ON
CAMPUS
0
0
0
0
0
0
X
20
11
9
X
X
1
X
X
X
0
0
0
X
X
0
X
X
1
1
0
0
5
10
31
48
22
13
22
18
1
1
0
3
8
X
9
8
X
0
0
X
8
6
0
7
3
9
43
41
23
496
403
588
248
69
36
1879
1707
1781
NON
CAMPUS
0
0
0
0
0
0
X
0
0
0
X
X
0
X
X
X
0
0
0
X
X
0
X
X
2
1
0
1
3
1
4
3
3
2
3
0
0
0
0
2
0
X
0
1
X
0
0
X
0
0
0
0
0
0
5
1
0
0
3
0
1
0
0
0
0
0
PUBLIC
PROPERTY
0
0
0
0
0
0
X
0
1
0
X
X
0
X
X
X
0
0
0
X
X
0
X
X
3
0
1
1
0
0
0
0
0
9
1
6
0
0
0
0
0
X
0
0
X
0
0
X
0
0
0
0
0
0
15
5
2
0
0
0
27
3
4
0
0
0
TOTAL
0
0
0
0
0
0
X
20
12
9
X
X
1
X
X
X
0
0
0
X
X
0
X
X
6
2
1
2
8
11
35
51
25
24
26
24
1
1
0
5
8
X
9
9
X
0
0
X
8
6
0
7
3
9
63
47
25
496
406
588
276
72
40
1879
1707
1781
*Prior to 2014 sex offenses were reported in two categories: Sex Offenses - Forcible and Sex Offenses - Non-Forcible. Beginning in 2014, sex offenses
are reported in four categories: Rape, Fondling, Incest, Statutory Rape.
for this category began in 2013.
** Date
CRIME STATISTICS - HATE CRIMES
2014 - There were no hate crimes reported in 2014.
2013 - There were no hate crimes reported in 2013.
2012 - There was one hate crime reported in 2012.
area indicated racial bias.
An assault in an On Campus
UNFOUNDED CRIMES
Data
for this category began in 2014.
2014 - There were no unfounded Clery crimes in 2014.
The U.S. Department of Education Office of Postsecondary Education maintains a database of Clery crimes for all
institutions participating in federal student aid programs. Please visit http://ope.ed.gov/security/ for more information.
UC San Diego Annual Security Report • 2015
28
APPENDIX A
Interim Policy Sexual Harassment and Sexual Violence
Interim Policy
University of California
Sexual Harassment and Sexual Violence
Academic Officer: Vice Provost – Academic Personnel and Programs
Academic Office: AP – Academic Personnel and Programs
Student Officer: VP – Student Affairs
Student Office: SA – Student Affairs
Staff Officer: VP – Human Resources
Staff Office: HR – Human Resources
Issuance Date: June 17, 2015
Effective Date: June 17, 2015 to December 31, 2015
Last Review Date June 17, 2015
Scope:
This policy applies to all University employees and
students
For assistance with incidents of dating violence, domestic violence, sexual
assault, sexual harassment, sexual violence, and stalking, please contact your
local CARE Advisor or Title IX, at
http://sexualviolence.universityofcalifornia.edu/get-help/index.html
I.
POLICY SUMMARY
The University of California is committed to creating and maintaining a community
where all individuals who participate in University programs and activities can work and
learn together in an atmosphere free of harassment, exploitation, or intimidation. Every
member of the community should be aware that the University prohibits sexual
harassment and sexual violence, and that such behavior violates both law and
University policy. The University will respond promptly and effectively to reports of
sexual harassment and sexual violence, and will take appropriate action to prevent, to
correct, and when necessary, to discipline behavior that violates this policy on Sexual
Harassment and Sexual Violence (hereafter referred to as Policy).
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Sexual Harassment and Sexual Violence
This Policy applies to all University of California employees and students at its
campuses, the Lawrence Berkeley National Laboratory, the Medical Centers, the Office
of the President (“locations”), Agriculture and Natural Resources, and its University
programs and activities. This Policy furthers the University’s commitment to compliance
with the law and to the highest standards of ethical conduct as outlined in the
University’s Statement of Ethical Values and Standards of Ethical Conduct.
It is the policy of the University not to engage in discrimination against or harassment of
any person associated with the University of California.
TABLE OF CONTENTS
I.
POLICY SUMMARY ________________________________________________________ 1
II.
DEFINITIONS ____________________________________________________________ 3
III. POLICY STATEMENT _______________________________________________________ 5
IV. COMPLIANCE / RESPONSIBILITIES ___________________________________________ 8
V.
PROCEDURES ____________________________________________________________ 9
VI. RELATED INFORMATION __________________________________________________ 19
VII. FREQUENTLY ASKED QUESTIONS____________________________________________ 20
VIII. REVISION HISTORY _______________________________________________________ 20
For questions about this policy, please contact:
Academic
Student
Contact: Janet Lockwood
Eric Heng
Email: Janet.Lockwood@ucop.edu Eric.Heng@ucop.edu
Phone: (510) 987-9499
(510) 987-0239
Staff
Jeannene Whalen
Jeannene.Whalen@ucop.edu
(510) 987-0853
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Sexual Harassment and Sexual Violence
II.
DEFINITIONS
Sexual Harassment is defined as unwelcome sexual advances, requests for sexual
favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Sexual
harassment is conduct that explicitly or implicitly affects a person’s employment or
education or interferes with a person’s work or educational performance or creates an
environment such that a reasonable person would find the conduct intimidating, hostile,
or offensive. Sexual harassment includes sexual violence (see definition below). The
University will respond to reports of any such conduct in accordance with the Policy.
Sexual harassment may include incidents 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). Sexual
harassment may occur in hierarchical relationships, between peers, or between
individuals of the same sex or opposite sex. To determine whether the reported conduct
constitutes sexual harassment, consideration shall be given to the record of the conduct
as a whole and to the totality of the circumstances, including the context in which the
conduct occurred.
Consistent with the University of California Policies Applying to Campus Activities,
Organizations, and Students, Policy 100.00 on Student Conduct and Discipline, Section
102.09, harassment of one student by another student is defined as unwelcome
conduct of a sexual nature 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.
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.
Abuse: means intentionally or recklessly causing or attempting to cause bodily injury, or
placing another person in reasonable apprehension of imminent serious bodily injury to
himself or herself, or another.
Domestic Violence is defined as abuse committed against an adult or a minor who is a
spouse or former spouse, cohabitant or former cohabitant, or someone with whom the
abuser has a child, has an existing dating or engagement relationship, or has had a
former dating or engagement relationship.
Dating Violence is defined as abuse committed by a person who is or has been in a
social relationship of a romantic or intimate nature with the victim.
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Sexual Assault occurs when physical sexual activity is engaged 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, or intimidation, ignoring
the objections of the other person, causing the other person’s intoxication or
incapacitation through the use of drugs or alcohol, or taking advantage of the other
person’s incapacitation (including voluntary intoxication).
Consent is informed. Consent is an affirmative, unambiguous, and conscious decision
by each participant to engage in mutually agreed-upon sexual activity.
Consent is voluntary. It must be given without coercion, force, threats, or intimidation.
Consent means positive cooperation in the act or expression of intent to engage in the
act pursuant to an exercise of free will.
Consent is revocable. Consent to some form of sexual activity does not imply consent
to other forms of sexual activity. Consent to sexual activity on one occasion is not
consent to engage in sexual activity on another occasion. A current or previous dating
or sexual relationship, by itself, is not sufficient to constitute consent. Even in the
context of a relationship, there must be mutual consent to engage in sexual activity.
Consent must be ongoing throughout a sexual encounter and can be revoked at any
time. Once consent is withdrawn, the sexual activity must stop immediately.
Consent cannot be given when a person is incapacitated. A person cannot consent if
s/he is unconscious or coming in and out of consciousness. A person cannot consent if
s/he is under the threat of violence, bodily injury or other forms of coercion. A person
cannot consent if his/her understanding of the act is affected by a physical or mental
impairment.
For purposes of this Policy, the age of consent is consistent with California Penal Code
Section 261.5.
Incapacitation is defined as the physical and/or mental inability to make informed,
rational judgments. States of incapacitation include, but are not limited to,
unconsciousness, sleep, and blackouts. Where alcohol, drugs or other medication are
involved, incapacitation is defined with respect to how the alcohol or other drugs
consumed affects a person’s decision-making capacity, awareness of consequences,
ability to make fully informed judgments, and inability to communicate. Being
intoxicated by drugs, alcohol or other medication does not absolve one’s responsibility
to obtain consent. The factors to be considered when determining whether consent was
given include whether the accused knew, or whether a reasonable person should have
known, that the complainant was incapacitated.
Stalking is behavior in which a person repeatedly engages in conduct directed at a
specific person that places that person in reasonable fear of his or her safety or the
safety of others.
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Executive Officer: The University President, Chancellor, Lawrence Berkeley National
Laboratory Director, or Vice President of Agricultural and Natural Resources.
III.
POLICY STATEMENT
A. General
The University prohibits sexual harassment and sexual violence. Such behavior violates
both law and University policy. The University will respond promptly and effectively to
reports of sexual harassment and sexual violence and will take appropriate action to
prevent, to correct, and when necessary, to discipline behavior that violates this Policy.
B. Prohibited Acts
This Policy prohibits sexual harassment and sexual violence as defined in Section II.
Conduct by an employee that is sexual harassment or sexual violence in violation of this
Policy is considered to be outside the course and scope of employment.
C. Consensual Relationships
This Policy covers unwelcome conduct of a sexual nature. Consensual romantic
relationships between members of the University community are subject to other
University policies. For example, policies governing faculty-student relationships are
detailed in The Faculty Code of Conduct. 1 Locations may have local policies pertaining
to consensual relationships. While romantic relationships between members of the
University community may begin as consensual, they may evolve into situations that
lead to charges of sexual harassment or sexual violence.
D. Gender Identity, Gender Expression, or Sexual Orientation Discrimination
Harassment that is not sexual in nature but is based on gender, gender identity, gender
expression, sex- or gender-stereotyping, or sexual orientation also is prohibited by the
University’s nondiscrimination policies 2 if it denies or limits a person’s ability to
participate in or benefit from University educational programs, employment, or services.
While discrimination based on these factors may be distinguished from sexual
harassment, these types of discrimination may contribute to the creation of a hostile
work or academic environment. Thus, in determining whether a hostile environment
due to sexual harassment exists, the University may take into account acts of
discrimination based on gender, gender identity, gender expression, sex- or genderstereotyping, or sexual orientation.
1
The Faculty Code of Conduct may be found in the Academic Personnel Manual (APM) Section 015.
University of California Nondiscrimination and Affirmative Action Policy Regarding Academic and Staff
Employment; Nondiscrimination and Affirmative Action Policy Statement for University of California
Publications Regarding Employment Practices; Academic Personnel Manual (APM) Section 035, Affirmative Action
and Nondiscrimination in Employment; Personnel Policies for Staff Members 12, Nondiscrimination in
Employment; University of California Policies Applying to Campus Activities, Organizations, and Students; and
Nondiscrimination Policy Statement for University of California Publications Regarding Student-Related Matters.
2
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E. Retaliation
This Policy prohibits retaliation against a person who reports sexual harassment or
sexual violence, assists someone with a report of sexual harassment or sexual violence,
or participates in any manner in an investigation or resolution of a sexual harassment or
sexual violence report. Retaliation includes threats, intimidation, reprisals, and/or
adverse actions related to employment or education.
F. Student Amnesty
Complainants and witnesses, who are students, and who participate in an investigation
of sexual violence will not be subject to disciplinary sanctions for a violation of the
University’s student conduct policy at or near the time of the incident, unless the
institution determines that the violation was egregious, including, but not limited to, an
action that places the health or safety of any other person at risk or involves plagiarism,
cheating, or academic dishonesty.
G. Dissemination of the Policy, Educational Programs, and Employee Training
As part of the University’s commitment to providing a working and learning environment
free from sexual harassment and sexual violence, this Policy shall be disseminated
widely to the University community through publications, websites, new employee
orientations, student orientations, and other appropriate channels of communication.
The locations shall make preventive educational materials and prevention training
available to all members of the University community to promote compliance with this
Policy and familiarity with local procedures. The locations shall designate University
employees responsible for reporting sexual harassment and sexual violence and make
available prevention training to designated employees. In addition, the University will
provide annual training to investigators and hearing officers. Each location shall post a
copy of this Policy in a prominent place on its website (See Section V. Procedures).
H. Reporting Sexual Harassment or Sexual Violence
Any member of the University community may report conduct that may constitute sexual
harassment or sexual violence to any supervisor, manager, or Title IX Officer (Sexual
Harassment Officer). Supervisors, managers, and other designated employees are
responsible for promptly forwarding such reports to the Title IX Officer (Sexual
Harassment Officer) or other local official designated to review and investigate sexual
harassment and sexual violence complaints. Any manager, supervisor, or designated
employee responsible for reporting or responding to sexual harassment or sexual
violence who knew about the incident and took no action to stop it or failed to report the
prohibited act may be subject to disciplinary action.
Each location shall identify confidential resources, including but not limited to the CARE
Advocate and Campus Ombuds, with whom members of the University community can
consult for advice and information regarding making a report of sexual harassment or
sexual violence. Requests regarding the confidentiality of reports of sexual harassment
or sexual violence will be considered in determining an appropriate response; however,
such requests will be considered in the dual contexts of the University’s obligation to
ensure a working and learning environment free from sexual harassment and sexual
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violence and the due process rights of the accused to be informed of the allegations and
their source. See Section V.E and F for more information regarding confidentiality and
privacy. Also, an individual may file a complaint or grievance alleging sexual
harassment or sexual violence under the applicable University complaint resolution or
grievance procedure (Section V. Procedures; Appendix I: University Complaint
Resolution and Grievance Procedures).
I. Response to Reports of Sexual Harassment or Sexual Violence
The locations shall provide prompt and effective response to reports of sexual
harassment or sexual violence, which may include Early Resolution, Formal
Investigation, and/or targeted prevention training or educational programs. See
Section V, Procedures for more information.
If an individual reports to the University that the individual has been a victim of domestic
violence, dating violence, sexual assault, or stalking, s/he shall be provided with a
written explanation of the individual’s rights and options whether the offense occurred
on- or off-campus or on any University location.
Upon a finding of sexual harassment or sexual violence, the University may offer
remedies to the individual or individuals harmed by the harassment and/or violence
consistent with applicable complaint resolution and grievance procedures (Appendix I:
University Complaint Resolution and Grievance Procedures). Such remedies may
include counseling, an opportunity to repeat course work without penalty, changes to
student housing assignments, or other appropriate interventions, such as changes in
academic, living, transportation, or working situations.
Any member of the University community who is found to have engaged in sexual
harassment or sexual violence is subject to disciplinary action including dismissal in
accordance with the applicable University disciplinary procedure (Appendix II: University
Disciplinary Procedures) or other University policy. Generally, disciplinary action will be
recommended when the conduct is sufficiently severe, persistent, or pervasive that it
alters the conditions of employment or limits the opportunity to participate in or benefit
from educational programs.
J. Free Speech and Academic Freedom
As participants in a public university, the faculty and other academic appointees, staff,
and students of the University of California enjoy significant free speech protections
guaranteed by the First Amendment of the United States Constitution and Article I,
Section I of the California Constitution. This Policy is intended to protect members of
the University community from discrimination, not to regulate protected speech. This
Policy shall be implemented in a manner that recognizes the importance of rights to
freedom of speech and expression. The University also has a compelling interest in
free inquiry and the collective search for knowledge and thus recognizes principles of
academic freedom as a special area of protected speech. Consistent with these
principles, no provision of this Policy shall be interpreted to prohibit conduct that is
legitimately related to the course content, teaching methods, scholarship, or public
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commentary of an individual faculty member or the educational, political, artistic, or
literary expression of students in classrooms and public forums. However, freedom of
speech and academic freedom are not limitless and do not protect speech or expressive
conduct that violates federal or state anti-discrimination laws.
K. Additional Enforcement Information
The federal Equal Employment Opportunity Commission (EEOC) and the California
Department of Fair Employment and Housing (DFEH) investigate complaints of unlawful
harassment, including sexual violence, in employment. The U.S. Department of
Education Office for Civil Rights (OCR) investigates complaints of unlawful harassment
and sexual violence by students in educational programs or activities. These agencies
may serve as neutral fact finders and attempt to facilitate the voluntary resolution of
disputes with the parties. For more information, contact the nearest office of the EEOC,
DFEH or OCR.
IV.
COMPLIANCE / RESPONSIBILITIES
A. Implementation of the Policy
Responsible Officers have the authority to develop procedures or other supplementary
information to support the implementation of this Policy. Responsible Officers may
apply appropriate and consistent interpretations to clarify the Policy provided that the
interpretations do not result in substantive changes to the Policy.
The Executive Officer at each location is authorized to establish and is responsible for
local procedures to implement the Policy. Local procedures must be consistent with the
Policy. Exceptions to procedures required by the Policy must be approved by the
Executive Officer.
Executive Officers and Responsible Officers are authorized to determine responsibilities
and authorities at secondary administrative levels to establish local procedures
necessary to implement the Policy.
Each location is responsible for describing each type of disciplinary proceeding used by
the location. This includes the steps, anticipated timelines, and decision-making process
for each type of disciplinary proceedings. The procedures must also describe how the
location determines which type of proceeding to use based on the circumstances of an
allegation.
B. Revisions to the Policy
The President approves the Policy and has the authority to approve revisions upon
recommendation by the Responsible Officers.
The Responsible Officers have the authority to initiate revisions to the Policy consistent
with approval authorities and applicable Bylaws, Standing Orders, and Policies of The
Regents.
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The UC Provost and Executive Vice President, and the Executive Vice President –
Chief Operating Officer have the authority to ensure that the Policy is reviewed regularly
and updated in a manner that is consistent with other University policies.
C. Approval of Actions
Actions within the Policy must be approved in accordance with local procedures.
D. Compliance with the Policy
The Executive Officer at each location will designate the local management office
responsible for monitoring, enforcing, and reporting Policy compliance.
The Senior Vice President – Chief Compliance and Audit Officer will periodically audit
and monitor compliance with the Policy.
E. Noncompliance with the Policy
Noncompliance with the Policy is managed in accordance with the Policy on Student
Conduct and Discipline, Personnel Policies for Staff Members 61, 62, 63, 64, 65, and 67
pertaining to disciplinary and separation matters, and in accordance with other
University policies, including but not limited to, The Faculty Code of Conduct (APM 015) and University Policy on Faculty Conduct and the Administration of Discipline
(APM - 016), Non-Senate Academic Appointees/Corrective Action and Dismissal
(APM - 150) or, as applicable, collective bargaining agreements. Reference Section VI
and Appendices I and II.
V.
REQUIRED PROCEDURES
A. Location Responsibilities
The locations shall:
1. Establish an independent, confidential Advocacy Office for sexual misconduct
(sexual violence, dating violence, domestic violence, stalking, and sexual
assault) called CARE: Advocacy Office for Sexual and Gender-Based Violence
and Misconduct;
2. Provide mandatory sexual harassment prevention training and education to the
University community. Additionally consistent with California Government Code
12950.1, provide sexual harassment and abusive conduct prevention training
and education to each supervisory employee;
3. Provide mandatory prevention education programs to all incoming students and
new employees, and ongoing prevention and awareness campaigns to the
University community, to promote awareness of rape and acquaintance rape,
domestic violence, dating violence, sexual assault, and stalking, including the
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definition of consent, options for bystander intervention, and risk reduction
awareness information;
4. Provide mandatory comprehensive annual training on issues related to
responding to sexual violence as defined in this Policy, including traumainformed approaches, for individuals conducting formal investigations of reports
or conducting hearings;
5. Provide all members of the University community with a process for reporting
sexual harassment or sexual violence in accordance with the Policy;
6. Identify internal and external resources for reporting sexual harassment or sexual
violence, including law enforcement, medical, and victim support services;
7. Provide prompt and effective response to reports of sexual harassment, sexual
violence, or reports of retaliation related to reports of sexual harassment or
sexual violence in accordance with the Policy;
8. Provide written notification as outlined in Section V.B.1 of the Policy; and
9. Designate trained individuals, including, or other than, the Title IX Officer (Sexual
Harassment Officer) to serve as resources for members of the University
community who have questions or concerns regarding behavior that may be
sexual harassment or sexual violence.
10. Proceedings will incorporate these additional elements:
a. Timely notice of meetings at which the accused or complainant, or both,
may be present.
b. Timely access to the complainant, the accused, and appropriate officials
to any information that will be used after the fact-finding investigation but
during informal and formal disciplinary meetings and hearings.
c. Is conducted by officials who do not have a conflict of interest or bias for
or against the complainant or the accused.
Title IX Officer (Sexual Harassment Officer)
Each location shall designate a single Title IX Officer (Sexual Harassment Officer). The
names and contact information for the Title IX Officer (Sexual Harassment Officer) and
any designated trained sexual harassment or sexual violence advisors shall be posted
with the Policy and local procedures on the location’s website and be readily accessible
to the University community. The responsibilities of the Title IX Officer (Sexual
Harassment Officer) include, but may not be limited to, the duties listed below:
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(a) Coordinate with other responsible units to ensure that local sexual
harassment and sexual violence prevention education and training programs
are offered and provided as required by the Policy;
(b) Disseminate the Policy widely to the University community;
(c) Provide educational materials to promote compliance with the Policy and
familiarity with local reporting procedures;
(d) Train University employees responsible for reporting or responding to reports
of sexual harassment;
(e) Provide prompt and effective response to reports of sexual harassment or
sexual violence in accordance with the Policy;
(f) Maintain records of reports of sexual harassment and sexual violence at the
location and actions taken in response to reports, including records of
investigations, voluntary resolutions, and disciplinary action, as appropriate;
and
(g) Identify and address any patterns or systemic problems that arise during the
review of sexual harassment and sexual violence complaints.
B. Procedures for Reporting and Responding to Reports of Sexual Harassment
or Sexual Violence
All members of the University community are encouraged to contact the Title IX Officer
(Sexual Harassment Officer) if they observe or encounter conduct that may be subject
to the Policy. This includes conduct by employees, students, or third parties. Reports
of sexual harassment or sexual violence may be brought to the Title IX Officer (Sexual
Harassment Officer), or to any manager, supervisor, or other designated employee
responsible for responding to reports of sexual harassment or sexual violence. If the
person to whom harassment normally would be reported is the individual accused of
harassment, reports may be made to another manager, supervisor, or designated
employee. Managers, supervisors, and designated employees are required to notify the
Title IX Officer (Sexual Harassment Officer) or other appropriate official designated to
review and investigate sexual harassment complaints when a report is received.
Reports of sexual harassment or sexual violence should be brought forward as soon as
possible after the alleged conduct occurs. While there is no stated timeframe for
reporting, prompt reporting will better enable the University to respond to the report,
determine the issues, and provide an appropriate remedy and/or action. All incidents
should be reported even if a significant amount of time has passed. However, delaying
a report may impede the University’s ability to conduct an investigation and/or to take
appropriate remedial actions.
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1. Required Notifications For Reports of Sexual Violence
The University will provide a written explanation of available rights and options,
including procedures to follow, when the University receives a report that the student or
employee has been a victim of domestic violence, dating violence, sexual assault, or
stalking, regardless of whether the offense occurred in connection with any University
program. The written information shall include:
(a) How and to whom the alleged offense should be reported;
(b) options for reporting to law enforcement and University authorities, including
the option to notify local or University law enforcement authorities; the right to
be assisted by University authorities in notifying law enforcement authorities if
the complainant so chooses and the right to decline to notify such authorities;
(c) the rights of complainants regarding orders of protection, no contact orders,
restraining orders, or similar lawful orders issued by criminal or civil courts
and the University’s responsibilities regarding such orders;
(d) the importance of preserving evidence as may be necessary to prove criminal
domestic violence, dating violence, sexual assault, or stalking, or to obtain a
protection order;
(e) existing counseling, health, mental health, victim advocacy, legal assistance,
visa and immigration assistance, and other services available both within the
institution and the community;
(f) options for, and available assistance to, change academic, living,
transportation, and working situations, if requested by the complainant and if
reasonably available, regardless of whether the victim chooses to report the
crime to University police or local law enforcement;
(g) Any applicable procedures for institutional disciplinary action.
2. Options for Resolution
Individuals reporting sexual harassment or sexual violence shall be informed about
options for resolving potential violations of the Policy. These options shall include
procedures for Early Resolution, procedures for Formal Investigation, and filing
complaints or grievances under applicable University complaint resolution or grievance
procedures. Individuals making reports also shall be informed about policies applying to
confidentiality of reports under this Policy (see Section V.G below). Locations shall
respond to the greatest extent possible to reports of sexual harassment and sexual
violence brought anonymously or brought by third parties not directly involved in the
asserted offenses. However, the response to such reports may be limited if information
contained in the report cannot be verified by independent facts.
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Individuals reporting sexual harassment and sexual violence shall be informed about
the range of possible outcomes of the report, including interim protections, remedies for
the individual harmed by the incident, and disciplinary actions that might be taken
against the accused as a result of the report, including information about the procedures
leading to such outcomes.
An individual who is subjected to retaliation (e.g., threats, intimidation, reprisals, or
adverse employment or educational actions) for having made a report of sexual
harassment or sexual violence in good faith, who assisted someone with a report of
sexual harassment or sexual violence, or who participated in any manner in an
investigation or resolution of a report of sexual harassment or sexual violence, may
make a report of retaliation under these procedures. The report of retaliation shall be
subject to the procedures in Section V.B.3 and Section V.B.4 below.
3. Procedures for Early Resolution
The goal of Early Resolution is to resolve concerns at the earliest stage possible with
the cooperation of all parties involved. Locations are encouraged to utilize Early
Resolution options when the parties desire to resolve the situation cooperatively and/or
when a Formal Investigation is not likely to lead to a satisfactory outcome. Participation
in the Early Resolution process is voluntary. Early Resolution may include an inquiry
into the facts, but typically does not include a formal investigation. Means for Early
Resolution shall be flexible and encompass a full range of possible appropriate
outcomes.
Early Resolution includes options such as mediating an agreement between the parties,
separating the parties, referring the parties to counseling programs, negotiating an
agreement for disciplinary action, conducting targeted preventive educational and
training programs, or providing remedies for the individual harmed by the offense. Early
Resolution also includes options such as discussions with the parties, making
recommendations for resolution, and conducting a follow-up review after a period of
time to assure that the resolution has been implemented effectively. Early Resolution
may be appropriate for responding to anonymous reports and/or third party reports.
Steps taken to encourage Early Resolution and agreements reached through Early
Resolution efforts should be documented.
While the University encourages Early Resolution of a complaint, the University does
not require that parties participate in Early Resolution prior to the University’s decision
to initiate a Formal Investigation. Some reports of sexual harassment or sexual
violence may not be appropriate for mediation but may require a Formal Investigation at
the discretion of the Title IX Officer (Sexual Harassment Officer) or other appropriate
official designated to review and investigate sexual harassment complaints. The
University will not compel a complainant to engage in mediation. Mediation, even if
voluntary, may not be used in cases involving sexual violence.
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4. Procedures for Formal Investigation
In cases where Early Resolution is inappropriate or in cases where Early Resolution is
unsuccessful, the location may conduct a Formal Investigation. In such cases, the
individual making the report may be encouraged to file a written request for Formal
Investigation. The wishes of the individual making the request shall be considered, but
are not determinative, in the decision to initiate a Formal Investigation of a report of
sexual harassment or sexual violence. In cases where there is no written request, the
Title IX Officer (Sexual Harassment Officer) or other appropriate official designated to
review and investigate sexual harassment complaints, potentially in consultation with
the administration, may initiate a Formal Investigation after making a preliminary inquiry
into the facts.
In cases where a complainant states he or she does not want to pursue a Formal
Investigation, the Title IX Officer (Sexual Harassment Officer) should inform the
complainant that the ability to investigate may be limited. When determining whether to
go forward with a Formal Investigation, the Title IX Officer (Sexual Harassment Officer)
may consider: 1) the seriousness of the allegation, 2) in the case of a student
complainant, the age of the student, 3) whether there have been other complaints or
reports against the accused, and 4) the rights of the accused individual to receive
information about the complainant and the allegations if formal proceedings with
sanctions may result from the investigation. Even if a complainant does not want to
pursue an investigation, under some circumstances, the Title IX Officer (Sexual
Harassment Officer) may have an obligation to investigate a complaint, such as when
there is a risk to the University community, if the accused remains on campus or at the
University location. The complainant should be made aware of this independent
obligation to investigate the complaint.
(a) In order to provide a prompt, fair, and impartial investigation and resolution, any
Formal Investigation of reports of sexual harassment and/or sexual violence shall
incorporate the following standards:
i. The individual(s) accused of conduct violating the Policy shall be provided
a copy of the written request for Formal Investigation or otherwise given a
full and complete written statement of the allegations, and a copy of the
Policy; and
ii. The individual(s) conducting the investigation shall be familiar with the
Policy, have training or experience in conducting investigations, and as
relevant to the investigation, be familiar with policies and procedures
specific to students, staff, faculty, academic appointees, and visitors. For
cases involving allegations of sexual violence, the individual(s) conducting
the investigation must receive annual training on issues related to sexual
violence. Such training includes how to conduct an investigation that
protects the safety of the complainants and promotes accountability.
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(b) If the alleged conduct is also the subject of a criminal investigation, the location
may not wait for the conclusion of the criminal investigation to begin an
investigation pursuant to this Policy. However, the location may need to
coordinate its fact-finding efforts with the police investigation. Once notified that
the police department has completed its gathering of evidence (not the ultimate
outcome of the investigation or the filing of any criminal charges), the location
must promptly resume and complete its fact-finding for the sexual harassment or
sexual violence investigation.
(c) The investigation generally shall include interviews with the parties if available,
interviews with other witnesses as needed, and a review of relevant documents
as appropriate. Disclosure of facts to parties and witnesses shall be limited to
what is reasonably necessary to conduct a fair and thorough investigation.
Participants in an investigation shall be advised that maintaining confidentiality is
essential to protect the integrity of the investigation.
(d) The investigator shall apply a preponderance of evidence standard to determine
whether there has been a violation of this Policy.
(e) Upon request, the complainant and the accused may each have a representative
present when he or she is interviewed, and at any subsequent proceeding or
related meeting. Other witnesses may have a representative present at the
discretion of the investigator or as required by applicable University policy or
collective bargaining agreement.
(f) At any time during the investigation, the investigator may recommend that interim
protections or remedies for the parties or witnesses be provided by appropriate
University officials. These protections or remedies may include separating the
parties, placing limitations on contact between the parties, or making alternative
working or student housing arrangements. Failure to comply with the terms of
interim protections may be considered a separate violation of this Policy.
(g) The investigation shall be completed as promptly as possible and in most cases
within 60 working days of the date the request for formal investigation was filed.
This deadline may be extended on approval by a designated University official.
Extensions of timeframes will only be made for good cause, with written notice to
the complainant and the accused of the delay, and the reason for the delay.
(h) Generally, an investigation results in a written report that at a minimum includes
a statement of the allegations and issues, the positions of the parties, a summary
of the evidence, findings of fact, and a determination by the investigator whether
this Policy has been violated. The report also may contain a recommendation for
actions to resolve the complaint, including preventive educational programs,
remedies for the complainant, and a referral to disciplinary procedures as
appropriate. The report is submitted to a designated University official with
authority to implement the actions necessary to resolve the complaint. The
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report may be used as evidence in other related procedures, such as subsequent
complaints, grievances and/or disciplinary actions.
(i) The complainant shall be informed if there were findings made that the Policy
was or was not violated and of actions taken to resolve the complaint, if any. At
the conclusion of any University disciplinary proceeding, the complainant and the
accused will be informed of the outcome of that proceeding, including the final
determination with respect to the alleged offense, any sanction that is imposed
against the accused, and the rationale for the result and sanctions, consistent
with Section V.E.
(j) The complainant and the accused may request a copy of the investigative report
pursuant to University policy governing privacy and access to personal
information. 3 However, in accordance with University policy, the report shall be
redacted to protect the privacy of personal and confidential information regarding
all individuals other than the individual requesting the report.
(k) At the conclusion of any disciplinary proceeding the complainant and the
accused will be simultaneously informed in writing of:
i.
The outcome of any University disciplinary proceeding, including the final
determination with respect to the alleged offense, any sanction that is
imposed against the accused, and the rationale for the result and the
sanction, consistent with Section V.E.;
ii.
Any right and any procedures for both the complainant and accused to
appeal the outcome of any University disciplinary proceeding;
iii.
Any change to the results that occur prior to the time that such results
become final; and
iv.
When results become final.
C. Complaints or Grievances Involving Allegations of Sexual Harassment or
Sexual Violence
An individual who believes he or she has been subjected to sexual harassment or
sexual violence may file a complaint or grievance pursuant to the applicable complaint
resolution or grievance procedure listed in Appendix I: University Complaint Resolution
and Grievance Procedures. Such complaint or grievance may be filed either instead of
or in addition to making a report of sexual harassment to the Title IX Officer (Sexual
Harassment Officer) or other appropriate official designated to review and investigate
sexual harassment and sexual violence complaints under this Policy. A complaint or
3
UC Business and Finance Bulletin RMP-8, Legal Requirements on Privacy of and Access to Information.
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grievance alleging sexual harassment or sexual violence must meet all the
requirements under the applicable complaint resolution or grievance procedure,
including time limits for filing.
If a complaint or grievance alleging sexual harassment or sexual violence is filed in
addition to a report made to the Title IX Officer (Sexual Harassment Officer) or other
appropriate official designated to review and investigate sexual harassment complaints
under this Policy, the complaint or grievance shall be held in abeyance subject to the
requirements of any applicable complaint resolution or grievance procedure, pending
the outcome of the Early Resolution or Formal Investigation procedures. If the
individual wishes to proceed with the complaint or grievance, the Early Resolution or
Formal Investigation shall constitute the first step or steps of the applicable complaint
resolution or grievance procedure.
An individual who has made a report of sexual harassment or sexual violence also may
file a complaint or grievance alleging that the actions taken in response to the report of
sexual harassment or sexual violence did not follow Policy. Such a complaint or
grievance may not be filed to address a disciplinary sanction imposed upon the
accused. Any complaint or grievance regarding the resolution of a report of sexual
harassment or sexual violence must be filed in a timely manner. The time period for
filing begins on the date the individual was notified of the outcome of the sexual
harassment or sexual violence investigation or other resolution process pursuant to this
Policy, and/or of the actions taken by the administration in response to the report of
sexual harassment or sexual violence, whichever is later.
D. Remedies and Referral to Disciplinary Procedures
Findings of Policy violations may be considered to determine remedies for individuals
harmed by the sexual harassment or sexual violence and shall be referred to applicable
local disciplinary procedures (Appendix II). Procedures under this Policy shall be
coordinated with applicable local complaint resolution, grievance, and disciplinary
procedures to avoid duplication in the fact-finding process whenever possible.
Violations of the Policy may include engaging in sexual harassment or sexual violence,
retaliating against a complainant reporting sexual harassment or sexual violence, or
violating interim protections. Investigative reports made pursuant to this Policy may be
used as evidence in subsequent complaint resolution, grievance, and disciplinary
proceedings as permitted by the applicable procedures.
E. Privacy
The University shall protect the privacy of individuals involved in a report of sexual
harassment or sexual violence to the extent permitted by law and University policy. A
report of sexual harassment or sexual violence may result in the gathering of extremely
sensitive information about individuals in the University community. While such
information is considered confidential, University policy regarding access to public
records and disclosure of personal information may require disclosure of certain
information concerning a report of sexual harassment or sexual violence. In such
cases, every effort shall be made to redact the records in order to protect the privacy of
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individuals. Absent exceptional circumstances, the complainant shall be informed of the
final results of a disciplinary proceeding against the accused, including information
regarding disciplinary action taken against the accused. Any exception to this disclosure
requirement must be approved by the Executive Officer.
F. Confidentiality of Reports of Sexual Harassment and Sexual Violence
Each location shall identify confidential resources with whom members of the University
community can consult for advice and information regarding making a report of sexual
harassment or sexual violence. These resources provide individuals who may be
interested in bringing a report of sexual harassment or sexual violence with a safe place
to discuss their concerns and learn about the procedures and potential outcomes
involved. These resources shall be posted on the location’s website. Confidential
resources could include campus ombuds, the CARE advocacy office and/or licensed
counselors in employee assistance programs or student counseling centers. Individuals
who consult with confidential resources shall be advised that their discussions in these
settings are not considered reports of sexual harassment or sexual violence and that
without additional action by the individual, the discussions will not result in any action by
the University to resolve their concerns.
The locations shall notify the University community that certain University employees,
such as the Title IX Officer (Sexual Harassment Officer), managers, supervisors, and
other designated employees have an obligation to respond to reports of sexual
harassment or sexual violence, even if the individual making the report requests that no
action be taken. An individual’s requests regarding the confidentiality of reports of
sexual harassment or sexual violence will be considered in determining an appropriate
response; however, such requests will be considered in the dual contexts of the
University’s legal obligation to ensure a working and learning environment free from
sexual harassment and sexual violence and the due process rights of the accused to be
informed of the allegations and their source. Some level of disclosure may be
necessary to ensure a complete and fair investigation, although the University will
comply with requests for confidentiality to the extent possible.
G. Retention of Records Regarding Reports of Sexual Harassment and Sexual
Violence
The office of the Title IX Officer (Sexual Harassment Officer) is responsible for
maintaining records relating to sexual harassment and sexual violence reports,
investigations, and resolutions. Records shall be maintained in accordance with
University records policies. Records that fall under the purview of the Clery Act will be
retained for 7 years in accordance with federal law. All records pertaining to pending
litigation or a request for records shall be maintained in accordance with instructions
from legal counsel.
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VI.
RELATED INFORMATION
•
Violence Against Women Reauthorization Act (VAWA) of 2013
•
University of California Statement of Ethical Values
•
Standards of Ethical Conduct
•
Academic Personnel Manual (APM) Section 015, The Faculty Code of
Conduct (referenced in Section III.D, footnote 1)
•
Academic Personnel Manual (APM) Section 016, University Policy on Faculty
Conduct and the Administration of Discipline (referenced in Section III.D,
footnote 1)
•
Academic Personnel Manual (APM) Section 035, Affirmative Action and
Nondiscrimination in Employment (referenced in Section III.D, footnote 2)
•
Academic Personnel Manual (APM) Section 150, Non-Senate Academic
Appointees/Corrective Action and Dismissal
•
Nondiscrimination and Affirmative Action Policy Statement for University of
California Publications Regarding Employment Practices (referenced in
Section III.D, footnote 2)
•
Nondiscrimination Policy Statement for University of California Publications
Regarding Student-Related Matters (referenced in Section III.D, footnote 2)
•
Personnel Policies for Staff Members 12 (Nondiscrimination in Employment)
(referenced in Section III.D, footnote 2)
•
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 (referenced in Section III.D,
footnote 2)
•
UC Business and Finance Bulletin RMP-8, Legal Requirements on Privacy of
and Access to Information (referenced in Section V, footnote 4)
•
University of California Policies Applying to Campus Activities, Organizations,
and Students (referenced in Section III.D, footnote 2)
•
Business and Finance Bulletin RMP-2: Records Retention and Disposition:
Principles, Processes, and Guidelines
•
University of California Non-Discrimination Policy
•
U.S. Department of Education Campus Safety and Security Resources
(Clery)
•
California Government Code 12950.1
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VII. FREQUENTLY ASKED QUESTIONS
FAQ’s are available at http://sexualviolence.universityofcalifornia.edu/faq/index.html
VIII. REVISION HISTORY
Future revisions to this policy will be circulated under standard procedures for
Presidential Policies; in the case of this policy, the review will include circulation under
the standard Academic Personnel Manual (APM) process, with final authority resting
with the President.
June 17, 2015 – The policy was updated on an Interim basis effective until December
31, 2015. The interim issuance brings the policy into compliance with federal and
state regulations, while the Policy undergoes full review and vetting. Once the
review process is complete, the policy will be reissued at the start of 2016.
February 25, 2014 - This policy was reformatted into the standard University of
California policy template effective.
As a result of the issuance of this policy, the following documents are rescinded as of
the effective date of this policy and are no longer applicable:
•
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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APPENDIX I: University Complaint Resolution and Grievance Procedures
Applicable complaint resolution and grievance procedures for members of the University
community:
Academic Personnel:
Members of the Academic Senate
Senate Bylaw 335
Non-Senate Academic Appointees
APM - 140
Exclusively Represented Academic Appointees
Applicable collective
bargaining agreement
Students:
Policies Applying to Campus Activities, Organizations and Students, Section 110.00
Staff Personnel:
Senior Managers
PPSM II-70
Managers and Senior Professionals,
Salary Grades VIII and IX
PPSM 71
Managers and Senior Professionals,
Salary Grades I – VII; and
Professional and Support Staff
PPSM 70
Exclusively Represented Staff Personnel
Applicable collective
bargaining agreement
Lawrence Berkeley National Laboratory Employees
Applicable Laboratory policy
All:
The University of California Policy on Reporting and Investigating Allegations of
Suspected Improper Governmental Activities (Whistleblower Policy) and the University
of California Policy for Protection of Whistleblowers from Retaliation and Guidelines for
Reviewing Retaliation Complaints (Whistleblower Protection Policy), which govern the
reporting and investigation of violations of state or federal laws or regulations and
University policy, including sexual harassment.
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APPENDIX II: University Disciplinary Procedures
Applicable disciplinary action procedures if a report of sexual harassment or sexual
violence results in a recommendation for disciplinary action:
A.
The Faculty Code of Conduct (APM - 015) as approved by the Assembly of the
Academic Senate and by The Regents outlines ethical and professional
standards which University faculty are expected to observe. It also identifies
various forms of unacceptable behavior which are applicable in cases of sexual
harassment or sexual violence. Because the forms of unacceptable behavior
listed in The Faculty Code of Conduct are interpreted to apply to sexual
harassment or sexual violence, a violation of the University’s Policy on Sexual
Harassment and Sexual Violence constitutes 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.
B.
Provisions of the policy on Non-Senate Academic Appointees/Corrective Action
and Dismissal (APM - 150) (applicable to non-exclusively represented academic
appointees) and collective bargaining agreements (applicable to exclusively
represented academic appointees) provide for corrective action or dismissal for
conduct which violates University policy.
C.
The Policies Applying to Campus Activities, Organizations, and Students sets
forth in Section 100.00 the types of student misconduct that are subject to
discipline and the types of disciplinary actions that may be imposed for violation
of University policies or campus procedures.
D.
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 which violates
University policy with respect to sexual harassment or sexual violence and
provide for disciplinary action for violation of University policy.
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APPENDIX B
•
•
•
•
•
UC San Diego Policy for Reporting and Responding to Sex Offenses
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Classification Guide
What's New
200 - Personnel-General
Section: 200-19
Effective: 01/01/2015
Supersedes: Not Applicable
Review: 01/01/2018
Issuance Date: 04/22/2015
Issuing Office: Office for the Prevention of Harassment and Discrimination
PPM 200-19 Policy [pdf format]
PPM 200-19 Appendix A [pdf format]
PPM 200-19 Appendix B [pdf format]
UC SAN DIEGO POLICY FOR REPORTING AND RESPONDING TO SEX
OFFENSES
Table of Contents
I.
Policy Statement
II.
Purpose and Application
III.
Definitions
IV.
The Role of Alcohol or Drugs
V.
Reporting Sex Offenses
VI.
Procedures for Administrative Resolution
VII.
Additional Considerations
Appendix A – Resources
Appendix B – University Disciplinary and Grievance Procedures
I.
POLICY STATEMENT
UC San Diego is committed to creating and maintaining an environment in which all individuals
who participate in University programs and activities can work and learn together in an
atmosphere free of all forms of sexual harassment, exploitation, or intimidation. The University
prohibits sexual assault, sexual misconduct, domestic violence, dating violence, and stalking
(collectively, sex offenses), as defined in Section III below. Attempts to commit a sex offense are
likewise prohibited. Such behavior violates both law and University policy. The University will
respond promptly and effectively to reports of sex offenses and will take appropriate action to
prevent, to correct, and when necessary, to discipline behavior that violates this UC San Diego
Sex Offense Policy (hereafter referred to as Policy). Conduct by an employee that constitutes a
sex offense in violation of this Policy is considered to be outside the course and scope of
employment.
This UC San Diego Policy implements the sexual violence portion of the University of California
Policy on Sexual Harassment and Sexual Violence. The UC San Diego Policy for Reporting and
Responding to Discrimination and Harassment implements the sexual harassment portion of the
UC Policy.
II.
PURPOSE AND APPLICATION
This Policy applies to all members of the UC San Diego community, including faculty and other
academic personnel, staff employees, students, and those participating in University programs
(hereafter referred to as students, staff and faculty). It defines the sex offenses prohibited by UC
San Diego, provides guidance about what individuals should do if they believe they have been
the subject of a sex offense or have been accused of a sex offense, and describes what the
University will do if a sex offense is reported.
Individuals found responsible for violations under this Policy may be sanctioned under the
applicable procedure (see Appendix B) and may also be separately prosecuted under California
criminal statutes. The determination whether a matter will be criminally prosecuted is made solely
by the applicable prosecutor’s office. Any criminal process is distinct from administrative
proceedings at the University. Whether or not the criminal justice authorities choose to prosecute,
the University may commence investigatory and disciplinary proceedings with a student or
employee alleged to have violated this Policy.
The University has jurisdiction over alleged violations of this Policy by students, staff and faculty
that occur on University grounds and facilities such as offices and residence halls, and that occur
in connection with official university-sponsored activities or events. In addition, although the
University will not routinely invoke its disciplinary processes over conduct that occurs off-campus,
the University has discretion under this Policy to exercise jurisdiction over conduct that occurs offcampus but affects the learning or working environment. For incidents involving student
respondents, the University may exercise jurisdiction over off-campus conduct that would violate
other University Policies if it occurred on-campus. Please refer to Section IV of the Student
Conduct Code for further information about the University’s exercise of off-campus jurisdiction in
such cases.
This Policy also prohibits retaliation related to reports of a sex offense.
This Policy applies to sex offenses as defined below. Reports of sexual harassment should be
brought under the UC San Diego Policy for Reporting and Responding to Discrimination and
Harassment, which addresses unwelcome conduct of a sexual nature. Some types of conduct
may be addressed under either or both of these Policies. Consensual romantic relationships
between members of the University community may be subject to other University policies; for
example, those governing faculty-student relationships are detailed in the Faculty Code of
Conduct (the Faculty Code of Conduct may be found in Academic Personnel Manual (APM) section
015), and those governing relationships between employees are found in the Policy on Conflicts of
Interest Arising Out of Consensual Relationships.
III.
DEFINITIONS
A.
“Sexual assault” occurs when physical sexual activity is deliberately engaged in without
the affirmative consent of the other person. Such conduct may include:
•
Physical force, violence, threat or intimidation;
•
Ignoring the objections of the other person;
•
Causing the other person’s intoxication or impairment through the use of drugs or
alcohol;
•
Taking advantage of the other person’s incapacitation (including voluntary
intoxication), state of intimidation, or other inability to consent.
Sexual assault includes conduct where a person actually, but unreasonably, believes that
affirmative consent was given. Sexual assault does not include conduct where a person
actually and reasonably believes affirmative consent was given.
It is not a valid excuse to an alleged lack of affirmative consent that the accused believed
that the complainant consented to the sexual activity under either of the following
circumstances:
(1) The accused's belief in affirmative consent arose from the intoxication or
recklessness of the accused.
(2) The accused did not take reasonable steps, in the circumstances known to the
accused at the time, to ascertain whether the complainant affirmatively consented.
It is not a valid excuse that the accused believed that the complainant affirmatively
consented to the sexual activity if the accused knew or reasonably should have known
that the complainant was unable to consent to the sexual activity under any of the
following circumstances:
(A) The complainant was asleep or unconscious.
(B) The complainant was incapacitated due to the influence of drugs, alcohol, or
medication, so that the complainant could not understand the fact, nature, or extent of the
sexual activity.
(C) The complainant was unable to communicate due to a mental or physical condition.
B.
“Sexual misconduct” includes non-consensual sexual activity that does not involve
touching, such as:
•
Recording, photographing, producing or transmitting intimate or sexual
utterances, sounds, or images of another person;
•
Allowing third parties to observe sexual acts; or
•
Engaging in voyeurism.
C.
An “attempt” occurs when anyone attempts to commit an act defined herein but fails, or
is prevented or intercepted in its perpetration.
D.
“Affirmative Consent” is an affirmative, conscious, and voluntary agreement by each
participant to engage in sexual activity. It is the responsibility of each person involved in
the sexual activity to ensure that he or she has the affirmative consent of the other or
others to engage in the sexual activity. Lack of protest or resistance does not mean
consent, nor does silence mean consent. Affirmative consent must be ongoing
throughout a sexual activity and can be revoked at any time. The existence of a dating
relationship between the persons involved, or the fact of past sexual relations between
them, should never by itself be assumed to be an indicator of consent.
•
Consent is informed.
•
Consent is voluntary. It must be given without coercion, force, threats, or
intimidation. Consent means positive cooperation in the act of expressing intent
to engage in the act pursuant to an exercise of free will.
•
Consent is revocable. It may be withdrawn at any time. Consent to some form of
sexual activity does not imply consent to other forms of sexual activity. Consent
to sexual activity on one occasion is not consent to engage in sexual activity on
another occasion. A current or previous dating or sexual relationship, by itself, is
not sufficient to constitute consent. Even in the context of a relationship, there
must be mutual consent to engage in sexual activity. Consent must be ongoing
throughout a sexual encounter and can be revoked at any time. Once consent is
withdrawn, the sexual activity must stop immediately.
•
Consent cannot be given when a person is incapacitated or unable to
communicate. A person cannot consent if he or she is unconscious or coming in
and out of consciousness. A person cannot consent if he or she is under the
threat of violence, bodily injury, or other forms of coercion.
•
For purposes of this Policy, the age of consent is 18 years of age, consistent with
California Penal Code Section 261.5.
It is the responsibility of every person wanting to engage in a specific act of a sexual
nature to make sure that he or she has consent from each person with whom he or she
initiates sexual activity. In making determinations of consent the following will be taken
into consideration:
E.
•
Silence does not equal consent.
•
Because incapacitation may be difficult to discern, individuals are strongly
encouraged to err on the side of caution, (i.e. when in doubt, assume that
another person is incapacitated and therefore unable to give consent).
“Incapacitation” is defined as the physical and/or mental impairment such that the
person could not understand the fact, nature, or extent of the sexual activity. States of
incapacitation include, but are not limited to unconsciousness, sleep, and blackouts.
Where alcohol or drugs are involved, incapacitation is defined with respect to how the
alcohol or other drug consumed affects a person’s decision-making capacity, awareness
of consequences, and ability to make fully informed judgments. Being intoxicated by
drugs or alcohol does not diminish one’s responsibility to obtain consent. The factors to
be considered when determining whether consent was given include whether the person
accused knew, or whether a reasonable person should have known, that the complainant
was incapacitated.
F.
“Domestic violence” is defined as abuse committed against an adult or a minor who is a
spouse or former spouse, cohabitant or former cohabitant, or someone with whom the
abuser has a child, has an existing dating or engagement relationship, or has had a
former dating or engagement relationship.
G.
“Dating violence” is defined as abuse committed by a person who is or has been in a
social relationship of a romantic or intimate nature with the victim.
H.
“Abuse” means intentionally or recklessly causing or attempting to cause bodily injury, or
placing another person in reasonable fear of imminent serious bodily injury to himself or
herself or another. Abuse may include:
I.
IV.
•
Acts such as hitting, slapping, pushing, punching, kicking, and choking;
•
Using a weapon or object to threaten or hurt someone; or
•
Throwing, smashing, or damaging personal items and hurting or killing of pets.
“Stalking” is behavior in which a person repeatedly engages in conduct directed at a
specific person that places that person in reasonable fear of his or her safety or the
safety of others.
THE ROLE OF ALCOHOL AND DRUGS
It is a violation of this Policy and a criminal offense to engage in sexual acts with someone who
has been using alcohol, drugs, or other intoxicants to the degree that he or she is unable to
provide consent. This is true whether or not the person reporting the sex offense voluntarily
consumed the alcohol, drug, or intoxicant.
Intentionally causing someone to become intoxicated in order to facilitate a sex offense will be
considered as a factor when determining responsibility and, where responsibility has been found,
imposing appropriate sanctions.
Because alcohol, drugs, and other intoxicants are often involved in sex offense matters,
complainants may be afraid to report sex offenses to authorities where they also have engaged in
an activity that violated University policy or state law, such as a person under age 21 drinking
alcohol. UC San Diego encourages the reporting of sex offenses and therefore generally does
not hold complainants and/or witnesses accountable for alcohol or drug-related Student Conduct
Code violations that may have occurred at the time of the alleged sex offense.
The use of intoxicants by a student or employee accused of a sex offense does not excuse the
offense.
V.
REPORTING SEX OFFENSES
The University encourages the timely reporting of all sex offenses. The University’s first
responsibility in responding to such reports is attending to the needs of the individuals involved
(e.g., the Complainant, the Respondent, and potential witnesses). The University is also
dedicated to ensuring that both individuals alleging a violation of this Policy and accused of
violating this Policy are treated fairly by the University. All reports of sex offenses are taken with
the utmost seriousness; individuals will be provided a fair process and referred to appropriate
services for assistance.
Persons who have been the subject of a sex offense may exercise any or all of the following
options:
A.
Seek immediate and confidential support services.
CARE at SARC: Campus Advocacy, Resources, and Education at the Sexual Assault
Resource Center (CARE at SARC) staff is on-call 24 hours a day and on weekends
throughout the year. They provide individuals with counseling, advocacy, and court
escorts. For more information, see the CARE at SARC website.
CARE at SARC, licensed counselors at Counseling and Psychological Services or the
Faculty Staff Assistance Program, and the Office of the Ombuds provide places where
individuals who may be considering bringing a report of a sex offense can discuss their
concerns and learn about the procedures and potential outcomes while remaining
anonymous. Individuals consulting with these confidential resources will be advised that
their discussions in these settings are not considered an official notice or report to UC
San Diego about a sex offense. Without additional action by the individual, such as
reporting the incident to Office for the Prevention of Harassment & Discrimination
(OPHD), the Police, or other University Officials, these discussions will not result in any
action by the University to resolve their concerns, except as otherwise required by law.
B.
Request a Non-Investigative Report
A sexual assault victim has the option to have a Sexual Assault Forensic Exam
(commonly referred to as “rape kit” or “rape exam”) conducted. No police report is
required. The exam is conducted at only one facility in San Diego County.
The Sexual Assault Nurse Examiner (SANE) interviews the victim, collects any physical
evidence from the sexual assault, and stores evidence in a secure location using a case
number without the victim’s name or contact information. Physical evidence will be held
for a period of 18 months, and then it will be destroyed.
The Non-Investigative Report (NIR) will not trigger an investigation; therefore, no action
will be taken against the alleged party as the result of this report. If the victim changes
his/her mind and wants to make an investigative report to law enforcement, the victim will
sign a release allowing the SANE to release evidence to the police. CARE at SARC staff
is available to assist with this process. For more information about the NIR Exam option,
contact CARE at SARC.
C.
Report to the UC San Diego Police.
Although it is never too late to file a police report, it is highly recommended to report a
sex offense as soon as possible in order to allow for the collection of evidence. When the
UC San Diego Police Department is contacted, an officer trained in sex offense cases will
be dispatched to the scene and will explain the police procedures. If it is determined that
a Sexual Assault Forensic Exam is advisable, the police will assist with transportation
and contacting the SANE, who will conduct the exam. The officer will inform the
complainant that he or she has the right to have a support person present during the
investigative interview. Detectives will assist with the investigation and proper evidence
collection. CARE at SARC staff is available to accompany the individual.
At the conclusion of the police investigation, the case may be forwarded to the
prosecutor’s office for review. The prosecutor’s office makes the final decision whether to
criminally prosecute the person accused. If the prosecutor does not move forward with
the complaint, the complainant may request that a representative from CARE at SARC
accompany him or her to the prosecutor’s office for a meeting to discuss the decision.
A complainant may make a police report or participate as a witness in the court
proceedings at his or her own discretion.
If a complainant chooses to file a police report, the Victim/Witness Assistance Program,
funded by the State of California, is available to assist. Its services include counseling,
court escort, advocacy and financial assistance.
If the sex offense occurred off-campus, the complainant may file a report with the
appropriate police department.
D.
Seek medical attention
Health providers can examine and treat physical injuries and provide pregnancy tests
and/or testing for sexually transmitted diseases. Student Health Services provides
medical care for all registered students. Employees may obtain medical attention through
their medical provider.
It is important to note that any health center or physician treating the complainant of a
violent crime is obligated by law to report the crime to the police. Student Health Services
and UC San Diego Medical Center do not conduct Sexual Assault Forensic Exams.
E.
Report the Sex Offense to the Office for the Prevention of Harassment &
Discrimination
The complainant may request an administrative investigation from the UC San Diego
Office for the Prevention of Harassment & Discrimination (OPHD) whether or not a report has
been filed with the police. OPHD will make a preliminary determination regarding whether
a report should be referred to another office, such as the Office of Student Conduct,
Human Resources, Academic Personnel, etc.
UC San Diego encourages all persons who have experienced a sex offense to report the
offense as soon as possible after its occurrence, in order for appropriate and timely
action to be taken. All University officials will refer reports of sex offenses to OPHD as
soon as possible after receipt of the report or knowledge of the incident, unless rules
regarding privacy or confidentiality prevent this disclosure.
OPHD will perform fact-finding and, when appropriate, complete a fact-finding report,
including a finding of whether there is reasonable cause to believe that this Policy has
been violated. The fact-finding report and finding will be submitted to a University official
with the authority to implement the actions necessary to resolve the complaint, generally
the Office of Student Conduct in the case of students, and the appropriate supervisor in
the case of employees. In addition, OPHD may propose interim remedies for the parties,
such as adjustments to on-campus housing assignments or class schedules, or
alternative work arrangements for employees.
F.
Consult with other resources.
There are many options, resources, and information available both on-campus and in the
San Diego County community to provide advice, medical services, counseling, and
support services to sex offense complainants. Appendix A lists on-campus and offcampus resources for persons who have experienced a sex offense, persons who have
been accused of a sex offense, witnesses, and support persons. Information regarding
resources both on campus and in the community is also available from the UC San Diego
CARE at SARC: Campus Advocacy, Resources, and Education at the Sexual Assault
Resource Center (CARE at SARC).
VI.
PROCEDURES FOR ADMINISTRATIVE RESOLUTION
Individuals making reports of sexual offenses will be provided information about options for
addressing such reports, including alternatives to formal University adjudication, which may
informally resolve complaints as well as procedures for formal adjudication. In addition,
individuals making reports will be informed about policies applying to confidentiality of reports.
Individuals bringing reports of sex offenses will also be informed about the range of possible
outcomes of the report, including:
A.
•
interim protections,
•
remedies for the complainant, and
•
disciplinary actions that might be taken against the respondent as a result of the
report, including information about the procedures leading to such outcomes.
Alternatives to Formal University Adjudication
1.
Purpose
Alternatives to formal University adjudication are intended to provide a forum for
resolution of reports of sex offenses outside of a formal hearing process, where
the complainant prefers to pursue such options and where such options are
reasonable under the circumstances alleged. The options attempt to balance the
interests of the parties while reaching resolutions that are fair and that protect the
interests of the complainant, the University community and the respondent.
These options will only be used when all parties agree to participate and to be
bound by the resolution plan. These options may also be used where the
complainant is anonymous or where requests for confidentiality prevent a formal
investigation. These options are typically not appropriate in cases where there is
an alleged sexual assault unless the person accused has accepted responsibility.
2.
Options
Alternatives to formal University adjudication are intended to be flexible and
encompass a full range of possible appropriate outcomes. Alternatives may
include an inquiry into the facts, but typically do not include a full investigation.
Options include, but are not limited to, opportunities for assistance from OPHD in
facilitating communication regarding remedies, or a negotiated resolution
reached with the assistance of the appropriate Dean. These options can be
explored in a number of venues (for possible options, see resources identified in
Appendix A). All options for resolution must be reviewed with and approved by
OPHD before implementation.
Complainants are never required to try to resolve their concerns directly with the
respondent or participate in any resolution activity that is not supervised by the
University. Mediation is not an option under this Policy.
3.
Resolutions and Records
If a resolution is reached using an alternative to formal University adjudication to
which both the complainant and the respondent agree, the matter is considered
closed. At any time prior to reaching such a resolution, the complainant may
request that the matter be handled through the procedures for formal
adjudication outlined below.
B.
Procedures for Formal Administrative Investigation
1.
The administrative investigation begins with an inquiry into the facts by OPHD.
The investigation may be initiated when an individual reporting a sex offense files
a written request for an investigation with OPHD. In cases where there is no
written request, OPHD may initiate an investigation after making a preliminary
inquiry into the facts and taking into consideration, among other things, the
seriousness of the alleged conduct, the risk of harm to others or to the University
community, and other complaints of similar conduct or against the same
individual. In cases where OPHD learns of potential sexual offenses from third
parties, such as the media, witnesses, or an anonymous report, OPHD has the
discretion to initiate a formal investigation, after considering the source and
nature of the information, the seriousness of the alleged incident, the specificity
of the information, the objectivity and credibility of the source of the report, and
the ability to effectively gather evidence, including obtaining cooperation from
alleged victims.
The investigation will be conducted in such a way as to protect the privacy of
those involved to the greatest extent possible. The respondent will be provided a
copy of the written request for formal investigation or a full and complete written
statement of the alleged violation along with a copy of this Policy within a
reasonable period of time following the initiation of the formal investigation. The
respondent(s) will also be advised of support services available to them.
The individual(s) conducting the investigation will be familiar with this Policy and
have training or experience in conducting sex offense investigations. All
deadlines and time requirements in this Policy may be extended for good cause
by the Director of OPHD or their designee.
2.
The investigation generally includes interviews with the parties, interviews with
other witnesses as needed, and a review of other relevant evidence as
appropriate. Disclosure of facts to parties and witnesses is limited to what is
reasonably necessary to conduct a fair and thorough investigation. The
investigator will take reasonable steps to contact parties, but may proceed with
an investigation even if the parties choose not to participate.
3.
Upon request, the complainant and respondent may each have a support person
present when they are interviewed. Other witnesses may have a support person
present at the discretion of the investigator or as required by applicable
University policy. In addition, resources such as CARE at SARC: Campus
Advocacy, Resources, and Education at the Sexual Assault Resource Center
(CARE at SARC) may be consulted.
4.
At any time during the investigation, OPHD may recommend that interim
protections or remedies be implemented by the appropriate UC San Diego
official. These protections or remedies may include separating the parties,
placing limitations on contact between the parties, or making alternative
academic, working or student housing arrangements, regardless of the outcome
of the student conduct or disciplinary process. Failure to comply with the terms of
interim protections or remedies may be considered a separate violation of
University policy.
5.
The investigation will be completed as promptly as possible and in most cases
within 60 calendar days of the date the request for formal investigation was filed.
Generally, an investigation will result in a Report of Findings that includes a
statement of the allegations, a summary of the evidence, findings of fact, and a
determination by the investigator as to whether there is reasonable cause to
believe that University policy has been violated. The standard of proof for the
purposes of the investigation is preponderance of the evidence (whether it is
more likely than not that the facts occurred as alleged).
The Report will be submitted to the Director of Student Conduct (for students) or
a University official with the authority to implement the actions necessary to
resolve the complaint (for employees).
VII.
6.
The Report may be used as evidence in other related proceedings such as
subsequent complaints, grievances and/or student conduct actions. Disciplinary
action will be governed by the appropriate relevant University Disciplinary
Procedures applying to the Respondent. See Appendix B.
7.
The complainant and the respondent will be informed promptly in writing when
the investigation is complete. They may each request a copy of the Report of
Findings. However, in accordance with University policy, the Report will be
redacted to protect, to the extent necessary, the privacy of personal and
confidential information regarding all individuals other than the individual
requesting the Report.
8.
All deadlines and time requirements in this Policy may be extended for good
cause by the Director of OPHD or designee.
ADDITIONAL CONSIDERATIONS
A.
Lack of Evidence
Because reports of sex offenses may involve interactions between persons that are not
witnessed by others, reports of sex offenses cannot always be substantiated by
additional evidence other than the accounts by the persons involved. It is important that
complainants preserve any potential evidence for administrative or criminal
investigations; however, lack of corroborating evidence or “proof” should not discourage
individuals from reporting sex offenses.
B.
Intentionally False Reports
Individuals who make reports that are later found to have been intentionally false or made
maliciously without regard for truth may be subject to disciplinary action under the
applicable University disciplinary procedures (See Appendix B). This provision does not
apply to reports made in good faith, even if the facts alleged in the report cannot be
substantiated by an investigation.
C.
Retaliation
This Policy prohibits retaliation against persons making a report under this Policy,
assisting someone with a report of a sex offense, or participating in any manner in an
investigation or resolution of a report of a sex offense. Retaliation means the taking of
adverse action that negatively affects a person in a material way because the person
made a report, assisted another with a report, or participated in the investigation or
resolution of a report of a sex offense. Retaliation includes, but is not limited to,
harassment, threats, intimidation, reprisals, and/or adverse actions. Such actions could
be physical, verbal, written or electronic. Any individual who is subjected to retaliation
(e.g. threats, intimidation, reprisals, or adverse employment or education actions) for
having reported a sex offense in good faith, for having assisted someone with a report of
a sex offense, or for having participated in any manner in an investigation of resolution of
a report of a sex offense may make a report of retaliation under these procedures. The
report of retaliation will be treated as a report of a sexual offense and will be subject to
the same procedures.
D.
Privacy
The University shall protect the privacy of individuals involved in a report of a sex offense
to the extent permitted by law and University Policy. A report of a sex offense may result
in the gathering of extremely sensitive information about individuals in the University
community. (University administrators are required to report to the police any information
they receive of any sex offense involving an individual under the age of 18 years). While
such information is considered confidential, University policy regarding access to public
records and disclosure of personal information may require disclosure of certain
information concerning a report of a sex offense. In such cases, the University will try to
redact the records in order to protect the privacy of individuals. An individual who has
made a report of a sex offense may be advised of sanctions imposed against the
respondent when the individual needs to be aware of the sanction in order for it to be fully
effective (such as restrictions on communication or contact with the individual who made
the report). In addition, when the offense involves a crime of violence or a non-forcible
sex offense, the Family Educational Rights and Privacy Act permits disclosure to the
complainant of the final results of a disciplinary proceeding against the respondent,
regardless of whether the University concluded that a violation was committed.
Information regarding disciplinary action taken against the respondent shall not be
disclosed without the respondent’s consent, unless permitted by law as noted above, or
unless it is necessary to ensure compliance with the action or the safety of individuals.
E.
Confidentiality
University employees, such as managers, supervisors, and other designated employees
may have an obligation to respond to reports of sex offenses, even if the individual
making the report requests that no action be taken. An individual’s requests regarding the
confidentiality of reports of sex offenses will be considered in determining an appropriate
response; however, such requests will be considered in light of the University’s legal
obligation to ensure a working and learning environment free from such conduct and the
due process rights of the respondent to be informed of the allegations and their source.
Some level of disclosure may be necessary to ensure a complete and fair investigation,
although the University will comply with requests for confidentiality to the extent
reasonably possible.
Members of the UC San Diego community may consult with the confidential resources
listed below for advice and information regarding making a report of a sex offense. These
resources provide individuals who may be interested in bringing a report of a sex offense
with a safe place to discuss their concerns and learn about the procedures and potential
outcomes involved. Individuals who consult with confidential resources are advised that
their discussions in these settings are not considered reports of a sex offense and that
without additional action by the individual, the discussions will not result in any action by
the University to resolve their concerns.
Confidential Resources at UC San Diego include:
CARE at SARC: Campus Advocacy, Resources, and Education at the Sexual
Assault Resource Center (CARE at SARC)
Office of the Ombuds
Faculty Staff Assistance Program
Counseling and Psychological Services (CAPS)
Student Legal Services Office
Contact information for these resources may be found online at the website for the Office
for the Prevention of Harassment and Discrimination, and may also be found on Blink.
VIII.
REVISION HISTORY
April 22, 2015 – Revised to include technical updates: reformat header and change name of CARE to
CARE at SARC – Campus Advocacy, Resources, and Education at the Sexual Assault Resource Center
APPENDIX A
Resources
UC San Diego Police provides a timely response for staff, students, faculty, and members of the
community experiencing a sex offense on campus. (For sex offenses off campus, local police should be
contacted.) In addition, the police can arrange for medical evidentiary examinations in order to provide
admissible evidence when the person reporting the sex offense desires prosecution through the criminal
justice system.
The UC San Diego Police Department encourages the University community, including students, to
immediately contact them by dialing 911 or 858/534-HELP (534-4357) to report a sex offense. The
preservation of evidence is essential to the successful prosecution of a sex offense. UC San Diego Police
Department personnel have been specially trained in the proper handling, identification, collection and
preservation of such evidence.
CARE at SARC: Campus Advocacy, Resources, and Education at the Sexual Assault Resource
Center (CARE at SARC) is a primary, confidential source for information, crisis intervention and follow-up
support regarding sexual assault, dating violence and stalking on the UC San Diego campus. CARE at
SARC provides accompaniment services for student victims to the police, evidentiary exams and the
court system. In addition, individual and group counseling is also available to students who are crime
victims. After hours and on weekends, CARE at SARC staff are available by contacting the UC San Diego
Police at (858) 534-HELP.
Office for the Prevention of Harassment & Discrimination (OPHD) is responsible for receiving and
conducting the administrative investigation of all reports of sex offenses filed on campus and is available
to discuss options, provide support, explain University policies and procedures, and provide education on
relevant issues. OPHD is available only during normal business hours. The OPHD investigation is not a
criminal procedure.
Student Health Services can provide medical attention to students experiencing a sex offense on
campus. It is important to note that any health center or physician treating the victim of a violent crime is
obligated by law to report the crime to the police.
Counseling and Psychological Services (CAPS) offers free and confidential short-term and crisis
counseling by licensed mental health providers to all UC San Diego students on an urgent basis, or by
appointment. CAPS also offer certain free and confidential psychiatric services. Referrals to off-campus
psychotherapeutic and psychiatric providers are also available through CAPS.
Faculty and Staff Assistance Program (FSAP) is a confidential service for all university employees that
provides one-on-one information, support and counseling.
Student Legal Services (SLS) offers confidential counseling and education on legal topics to currentlyregistered students. SLS can assist directly as well as make referrals to appropriate resources.
The Office of the Ombuds provides confidential, neutral and informal dispute resolution services to
everyone in the University community and provides information about University policies and procedures
and makes referrals.
The Office of Student Conduct provides leadership for UC San Diego’s campus-wide non-academic
student conduct process and manages the formal hearing process for sex offense cases. The Office of
Student Conduct also provides assistance, information, and referrals for students involved in sex offense
cases.
Colleges and Residential Staff, specifically the individual College Deans, Resident Deans, and
Assistant Resident Deans, are all knowledgeable about this Policy and the resources available at UC San
Diego and can provide assistance, information and support for the person filing the report of a Sex
Offense and the person accused.
The Office of Graduate Studies provides information for graduate students on a broad array of topics
relevant to graduate education. The Assistant Dean of Graduate Studies works to resolve student
conduct issues and advises students about resource options for conflict resolution.
The School of Medicine Deans and Program Directors are available to support, and refer medical
students, residents and fellows should the need arise. Help with arranging treatment and confidential
counseling is available.
The Associated Students Office of Student Advocacy informs, advises and represents individual
students involved with academic and non-academic student conduct incidents.
The Campus Community Centers are available to provide support and assistance in locating campus
and community referral services.
REVISION HISTORY
April 22, 2015 – Revised to include technical updates: reformat header and change name of CARE to
CARE at SARC – Campus Advocacy, Resources, and Education at the Sexual Assault Resource Center
APPENDIX B
University Disciplinary and Grievance Procedures
Academic Personnel Manual and Senate Bylaws (for faculty)
Policies Applying to Campus Activities, Organizations, and Students (for students)
Applicable Collective Bargaining Agreement (for represented academic appointees and represented staff
personnel)
Personnel Policies for Staff Members (for staff personnel)
APPENDIX C
Resolution Procedures for Alleged Sex Offense,
Harassment and Discrimination Violations
RESOLUTION PROCEDURES FOR ALLEGED SEX OFFENSE,
HARASSMENT, AND DISCRIMINATION VIOLATIONS
Interim Procedures Effective: January 30, 2013
Updated: September 21, 2015
I. PROCESSING REPORTS AND COMPLAINTS
Complaints of alleged violations of the UC San Diego Student Conduct Code involving sexual
assault, sexual misconduct, dating violence, domestic violence, stalking, harassment, and
discrimination are referred to the Office for the Prevention of Harassment & Discrimination
(OPHD) for review and/or investigation through the UC San Diego Policy for Reporting and
Responding to Sex Offenses or Procedures for Discrimination and Harassment Complaint
Resolution. When an investigation report is issued by OPHD to the Office of Student Conduct,
these Procedures are used to resolve applicable complaints.
A. The Office of Student Conduct will review the OPHD Investigation Report to
determine whether there is reasonable cause to believe the UC San Diego Student
Conduct Code was violated.
B. If reasonable cause is present, the referral and resolution of reports will be handled in
the following manner:
1. Reports involving undergraduate students will be referred to the Dean of Student
Affairs for the Respondent’s college of registration.
2. Reports involving graduate students will be referred to the Assistant Dean of the
Graduate Division.
3. Reports involving medical students will be referred to the Associate Dean for
Admissions and Student Affairs of the School of Medicine.
4. Reports involving pharmacy students will be referred to the Director of Student
Affairs and Admissions for the Skaggs School of Pharmacy.
5. Reports involving Extension students will be referred to the Student Affairs
Manager of UC San Diego Extension.
C. If reasonable cause is not present, the Office of Student Conduct will notify the
Complainant, Respondent, and OPHD within 10 business days of receiving the report
that the complaint has been dismissed.
D. All deadlines and time requirements, even absent an explicit request, in these
Procedures may be extended for good cause by the Director of Student Conduct or their
designee. Requests for extensions of deadlines must be made in writing to the Office or
Student Conduct. The Director of Student Conduct or their designee will determine,
based on the totality of the circumstances, whether or not the extension is granted. If an
extension is granted, the Director of Student Conduct or their designee will specify the
date of the new deadline or event and notify the Complainant, Respondent, and other
affected persons or groups.
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II. ADMINISTRATIVE RESOLUTION
An Administrative Resolution is a meeting between the relevant Dean and the Respondent to
discuss whether the Respondent accepts responsibility for the alleged violations. If the
Respondent accepts responsibility, the Dean will assign appropriate sanctions. The case will be
forwarded to a Student Conduct Review if the Respondent does not accept responsibility for the
alleged violations. The following provisions apply to Administrative Resolution meetings.
A. The person receiving the report in Section I (B) above (Dean) will provide the
Complainant and the Respondent with the following information in writing within 10
business days of receipt of a referral from the Office of Student Conduct:
1. Notification of the alleged violations;
2. Summary of the evidence relating to the alleged violations;
3. Notice that the Respondent has five business days from the notice to contact the
Dean to schedule an Administrative Resolution meeting. Similarly, the
Complainant will have the opportunity to meet with the Dean separately or submit
an impact statement.
4. Electronic or hard copy versions of the redacted OPHD Investigation Report and
other relevant documents; and
5. Information about essential campus resources, including the A.S. Office of
Student Advocacy (Complainant and Respondent), the Office of Student Legal
Services (Complainant and Respondent), Respondent Support Services
(Respondents only) and the Sexual Assault & Violence Prevention Resource
Center (Complainants only).
B. A Respondent who cannot attend the scheduled Administrative Resolution meeting
must contact the Dean to request a new date and/or time at least two business days
prior to the meeting. It is at the discretion of the Dean if the meeting will be rescheduled
and a Respondent may only request one change to the date and/or time of the meeting.
If, after proper notice, the Respondent does not appear at the scheduled date and time,
the Dean will refer the matter to the Office of Student Conduct for a Student Conduct
Review.
C. Administrative Resolution meetings will be closed to the public. Recording devices
(audio and/or video) of any kind are not permitted for use by any person.
D. Complainants and Respondents are entitled to be assisted by an Advisor during an
Administrative Resolution meeting. Potential Advisors include trained Associated
Students/Graduate Student Association Student Advocates, attorneys, and UC San
Diego students, faculty, and staff and are allowed to be present at the meeting but only
to confer with their advisee. Complainants and Respondents electing to be accompanied
by an Advisor must notify the Dean at least two business days prior to their meeting.
E. The Complainant or Respondent may request in writing that the Dean be disqualified
from facilitating an Administrative Resolution. The request must be made to the Office
of Student Conduct at least two business days before the scheduled meeting and must
include an explanation as to why they believe the Dean is unable to facilitate the
meeting(s). In reviewing such requests, the Director of Student Conduct or their
designee will disqualify any Dean who is unable, in their judgment, to make an impartial
decision in the case. If the request is granted, the Director of Student Conduct or their
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designee will select another Dean or Student Conduct Officer to facilitate the
Administrative Resolution.
F. At the meeting, the Dean will explain the purpose of the meeting, applicable rights
and responsibilities, and the alleged violations to the Respondent. The Respondent will
have the opportunity to accept responsibility for the alleged violations. If the Respondent
accepts responsibility for the alleged violations, the Dean will explain the potential
sanctions.
G. The Dean will meet with the Complainant separately or request an impact statement
to assist with the sanctioning process. Complainants meeting with the Dean are entitled
to be accompanied by an Advisor and a support person.
H. If the Respondent accepts responsibility for the alleged violations, the Dean should
consider the information in the OPHD Investigation Report, the nature of the violations,
the University’s Sanctioning Guidelines, the Complainant’s and Respondent’s
statements (if any), and the Respondent’s student conduct record in assigning
sanctions. The Dean or group assigning sanctions is required to consider suspension or
dismissal for any student accepting responsibility for violations involving sexual assault,
sexual misconduct, dating violence, domestic violence, stalking, harassment, and
discrimination.
1. If an undergraduate Respondent accepts responsibility and is not subject to
suspension or dismissal, the Dean will notify them in writing with a brief summary
of the meeting and assigned sanctions within 10 business days, unless
circumstances warrant otherwise. To the extent the Complainant is entitled to
know the assigned sanctions, they will be notified in writing at the same time as
the Respondent.
2. If an undergraduate Respondent accepts responsibility and is subject to
suspension or dismissal, the Dean will consult with the Council of Deans of
Student Affairs within five business days of conclusion of the Administrative
Resolution meeting about the sanctions, unless circumstances warrant
otherwise. The Council of Deans of Student Affairs will make a final
determination of the sanction(s). Thereafter, the Dean will notify the Respondent
in writing with a brief summary of the Administrative Resolution meeting and
assigned sanctions within 10 business days of the final determination of
sanctions, unless circumstances warrant otherwise. To the extent the
Complainant is entitled to know the assigned sanctions, they will be notified in
writing at the same time as the Respondent.
3. If a graduate Student, medical or pharmacy Student, or Extension Student
accepts responsibility and is subject to suspension or dismissal, the Dean will
notify the Respondent in writing with a brief summary of the meeting and
assigned sanctions within 10 business days of the Administrative Resolution
meeting, unless circumstances warrant otherwise. To the extent the Complainant
is entitled to know the assigned sanctions, they will also be notified in writing at
the same time as the Respondent.
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I. If the Respondent accepts responsibility for the alleged violations, but feels the
sanctions are grossly disproportionate to the violations, they may request to reduce the
sanction(s) as described in Section V below. To the extent the Complainant is entitled to
know the assigned sanctions and feels the sanctions are an inadequate response to the
violations, they may request to alter or augment the sanction(s) as described in Section
V below.
J. If the Respondent does not accept responsibility for all alleged violations, the Dean
will refer the matter to a Student Conduct Review as described in Section III below. The
Respondent may request a Review only for the alleged violations they did not accept
responsibility for in the Administrative Resolution meeting.
K. If the Complainant and/or Respondent were provided with interim remedies, the Dean
may recommend potential changes to OPHD based on the Administrative Resolution
meeting and/or referral to a Student Conduct Review.
III. STUDENT CONDUCT REVIEW PROCESS
If the Respondent does not accept responsibility for all alleged violations at the Administrative
Resolution meeting, they have the right to a Student Conduct Review. During the Review, the
Review Panel or Review Officer will hear and receive the Complainant’s and Respondent’s
information about the incident, meet with witnesses, and determine the Respondent’s
responsibility for the alleged violations by a preponderance of the evidence. Prior to and during
the Review, the Complainant and Respondent will both have the opportunity to submit
questions in writing to be asked by the Review Panel Chair or Review Officer to the other
person and witnesses.
A. The Director of Student Conduct or their designee will appoint a panel of three
Review Officers or a single staff or faculty Review Officer. The Director of Student
Conduct or their designee will make this decision based on the totality of the
circumstances.
1. If a panel is selected, it will typically be composed of three staff or faculty
members. Up to one graduate/professional school student panelist may be
included at the discretion of the Director of Student or their designee. The Chair
of the panel will be a staff or faculty member.
2. If a panel member or Review Officer is unable to participate in the Review, the
Director of Student Conduct or their designee will select another Review Officer
to replace the unavailable member or Review Officer.
3. Prior to the Review, all Review Panel members and Review Officers will be jointly
trained by the Office of Student Conduct, Sexual Assault & Violence Prevention
Resource Center (SARC), the UC San Diego Police Department, and OPHD
regarding issues specific to sexual assault, sexual misconduct, dating violence,
domestic violence, stalking, harassment and discrimination cases. Specifically,
panel members and Review Officers will be trained how to apply the
Preponderance of the Evidence standard for cases handled under these
Procedures. Any new panel member or Review Officer will receive training
described in this section prior to participating in a Review.
B. The Director of Student Conduct or their designee will attend the Review and
deliberations facilitated by a Review Panel or Review Officer. However, the Director of
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Student Conduct or their designee will not vote in determining whether the Respondent
is responsible for the alleged violations. Additionally, the Review Panel members or
Review Officer, and University Representative may seek assistance from the Director of
Student Conduct or their designee throughout the Review process on questions relating
to these Procedures.
C. The Director of Student Conduct or their designee will select a University Official to
serve as the University Representative for the Review. The role of the University
Representative is to present information supporting the alleged violations from the
OPHD Investigation Report and other relevant documents. The University
Representative will work with the Office of Student Conduct to coordinate the
appearance of witnesses supporting the alleged violations, including the Complainant,
and may submit questions prior to and during the Review to be asked of the
Complainant, Respondent, and witnesses.
D. The Complainant and Respondent will both have the opportunity to meet with a staff
member from the Office of Student Conduct individually prior to scheduling the Review.
The purpose of the meeting is for the staff member to explain the Review process, key
deadlines, and answer any relevant questions. The staff member will also request
scheduling information from the Complainant and Respondent to facilitate scheduling
the Review. If the Complainant and/or Respondent do not schedule and/or attend their
meetings after proper notice, the Review will be scheduled without their input. The staff
member will also notify the Complainant and Respondent whether the Review will be
forwarded to an individual or group Review.
E. Multiple Respondents may be scheduled to participate in a group Student Conduct
Review at the discretion of the Director of Student Conduct or their designee when the
alleged violations result from the same underlying incident(s). Group Student Conduct
Reviews will follow the process described in these Procedures.
1. A Respondent assigned to a group Student Conduct Review may request to
have their Review handled separately from the other Respondents. All requests
must be made in writing to the Office of Student Conduct three business days
prior to scheduling the Review.
2. In considering a Respondent’s request, the Director of Student Conduct or their
designee will determine whether separate Reviews are appropriate and evaluate
the practicality of conducting multiple separate Reviews. If the Director of
Student Conduct or their designee grants the request, they will notify the
Complainant and Respondent prior to scheduling the Review.
3. If a Respondent’s request to have an individual Student Conduct Review is
granted, the Office of Student Conduct may schedule a supplemental Review to
enable all witnesses to provide their information to the Review Panel or Review
Officer, the Complainant, all Respondents, and the University Representative at
one time. Supplemental Reviews involving witnesses may be held prior to or
after the individual Reviews, depending upon the scheduling considerations
present in the matter.
4. If there are three or more Respondents, the request for a separate Review will
apply only to the Respondent(s) requesting the separate Review.
F. Until the actual start of the Review, the Respondent may accept responsibility for the
Page 5
alleged violations with the Dean or the Office of Student Conduct. This decision is
binding on the Respondent and cancels the scheduled Review. The Dean will assign
sanctions as described in Section II (H) above.
G. The Office of Student Conduct will provide the Respondent with the following
information in writing at least 10 business days prior to the Review:
1. Notification of the alleged violations;
2. Summary of the evidence relating to the alleged violations;
3. The date, time, and place of the Review;
4. The name(s) of the Review Panel members or Review Officer, and University
Representative;
5. Electronic or hard copy versions of the case materials to be reviewed at the
Review (e.g. OPHD Investigative Report and other relevant documents);
6. Information about how to request witnesses for the Review; and
7. Information about essential resources, including the A.S. Office of Student
Advocacy, the Office of Student Legal Services, and Respondent Support
Services.
H. The Office of Student Conduct will provide the Complainant with the following
information in writing at least ten business days prior to the Review:
1. Notification of the alleged violations;
2. Summary of the evidence relating to the alleged violations;
3. The date, time, place, and location of the Review;
4. The name(s) of the Review Panel members or Review Officer, and University
Representative;
5. Electronic or hard copy versions of the case materials to be reviewed at the
Review (e.g. OPHD Investigative Report and other relevant documents).
6. Information about how to request witnesses for the Review; and
7. Information about essential resources, including the A.S. Office of Student
Advocacy, the Office of Student Legal Services, and the Sexual Assault &
Violence Prevention Resource Center.
I. Both the Complainant and the Respondent may be present at the entire Review,
during the portion when they are providing their statement(s), or elect not to participate.
Additionally, the Respondent may remain silent throughout the Review process and their
silence will not be taken as an inference of responsibility for the alleged violations.
Failure to appear at the Review will not be cause to cancel, postpone, or reschedule the
Review and it will be conducted in accordance with these Procedures.
J. Requests to change the date, time, or place of the Review must be made in writing by
the Complainant or the Respondent to the Office of Student Conduct at least five
business days prior to the date of the Review. It is at the discretion of the Director of
Student Conduct or their designee if the Review will be rescheduled. The Complainant
and Respondent may each only request one change to the date, time, or place of the
Review. If the Review is rescheduled, the Office of Student Conduct will notify the
Complainant and Respondent of the new date, time, and/or place as soon as is
practicable.
K. A Review may be conducted on a non-business day, during the summer session(s),
Page 6
between academic terms, or during a University holiday period at the discretion of the
Director of Student Conduct or their designee with the agreement of the Complainant
and Respondent.
L. All Reviews will be closed to the public. Only Review Panel members or the Review
Officer, the Director of Student Conduct or their designee, the Complainant (and their
Advisor, if any), the Respondent (and their Advisor, if any), the University
Representative, and witnesses will typically be permitted to participate in the Review.
M. The Director of Student Conduct or their designee will facilitate an audio recording of
the Review. Recording devices of any kind are not permitted for use by anyone except
the Director of Student Conduct or their designee. The recording will become part of the
Respondent’s student conduct record. Copies will be provided to the Complainant and
Respondent upon request to the Office of Student Conduct. The failure to record all or
part of a Review, such as a malfunctioning recorder, will not be grounds for invalidating
the Review or grounds for appeal.
N. The Complainant and Respondent are entitled to have an Advisor to assist them
during all stages of the Review process, including pre-review meetings. Potential
Advisors include student sdvocates, attorneys, and UC San Diego students, staff, or
faculty members.
1. Notice that an Advisor will attend the Review must be provided to the Office of
Student Conduct at least five business days prior to the date of the Review.
2. The Director of Student Conduct or their designee may disallow a particular
Advisor in cases where an Advisor is a witness or where the person’s presence,
in the Director of Student Conduct or their designee’s judgment, would be, or at
any time becomes, obstructive to the process or other good cause.
3. An Advisor may not direct questions to the panel or to witnesses at the Review,
but may assist their advisee in suggesting questions in writing to the Review
Panel or Review Officer prior to and during the Review. They may also consult
with the student being assisted.
4. The Review Panel Chair or Review Officer will not allow an Advisor’s presence to
inhibit the conduct of the Review and may remove any Advisor who
unnecessarily disrupts the Review.
O. The Complainant and Respondent may have an interpreter or translator assist them
with potential language issues during the Review. Notice that an interpreter or translator
will be present must be provided to the Office of Student Conduct at least five business
days prior to the date of the Review. Interpreters and translators may not serve in the
role of Advisors (e.g. attorneys or student advocates).
P. The Complainant and Respondent may suggest witnesses for the Review Panel or
Review Officer to meet with during the Review. Witness lists must be submitted to the
Office of Student Conduct at least five business days prior to the Review.
1. If a witness is unable to attend the Review, the Office of Student Conduct may
allow witness participation by video conferencing (e.g. Skype).
2. Written witness statements will not be reviewed by the Review Panel or Review
Officer unless they are signed by the witness and witnessed by a professional
staff member from the Office of Student Conduct or a certified notary public.
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3. Witnesses will be excluded from attending the Review, except when they are
providing information to the Review Panel or Review Officer.
4. The Review Panel Chair or Review Officer may take steps during the Review to
prevent the harassment and intimidation of the Complainant, Respondent or
witnesses.
Q. All documents to be presented and questions to be asked at the Review by the
Complainant, Respondent, and University Representative must be submitted to the
Office of Student Conduct at least five business days prior to the Review. The Office of
Student Conduct will provide copies of submitted documents, questions, and witness
lists to all participants (except witnesses) at least two business days prior to the Review.
Any documents, questions, or names of witnesses submitted and/or discovered less
than five business days prior to the Review (including the Review itself) may only be
considered at the discretion of the Review Panel Chair or Review Officer, in consultation
with the Director of Student Conduct or their designee.
R. The Complainant and Respondent may request in writing that a Review Panel
member or Review Officer be disqualified from participating in a Review. The request
must be made to the Office of Student Conduct at least five business days before the
scheduled Review and must include an explanation as to why the person is unable to
make an impartial and unbiased decision.
1. In reviewing requests, the Director of Student Conduct or their designee will
disqualify any Review Panel member or Review Officer who is unable, in their
judgment, to make an impartial and unbiased decision.
2. If the Director of Student Conduct or their designee grants a disqualification
request, they will select another Review Panel member or Review Officer to
replace the disqualified panel member or Review Officer and notify the
Complainant, Respondent, and University Representative at least one business
day prior to the Review.
S. Any Review Panel member or Review Officer who believes that they are unable to
conduct a fair and impartial Review and/or has identified a conflict of interest will
disqualify themselves from participating in the Review. Such decision must be
communicated in writing to the Office of Student Conduct at least five business days
prior to the start of the Review. The Director of Student Conduct or their designee will
select another Review Panel member or Review Officer to replace the disqualified
person and notify the Complainant, Respondent, and University Representative at least
one business day prior to the Review.
T. The Complainant, Respondent, or any witness may request to be visually or
physically separated from the Complainant and/or Respondent. This may include the
use of a retractable wall or screen, television or computer monitor, or other appropriate
technology. Requests for visual or physical separation should be made to the Office of
Student Conduct at least five business days prior to the Review. The Director of Student
Conduct or their designee will review requests based on the totality of the
circumstances. If such requests are granted, the Office of Student Conduct will notify
the Complainant, Respondent, applicable witnesses, and University Representative of
the visual or physical separation at least two business days prior to the Review.
Page 8
U. At the Review, the Review Panel Chair or Review Officer will explain the Review
process to all participants. The Review Panel or Review Officer will hear and receive
information and witnesses presented by the University Representative, including the
Complainant, which support the alleged violations. The Respondent will then have the
opportunity to provide information and witnesses about the incident supporting their
perspective. The Complainant, Respondent, and University Representative will all have
the opportunity to provide summary statements prior to the conclusion of the Review.
The Review Panel Chair or Review Officer will conclude the Review by explaining the
next steps in the process.
1. The Review Panel or Review Officer will receive and consider all information for
the alleged violations that they deem relevant and useful. Formal rules of
evidence (e.g. California Evidence Code) do not apply. The Complainant’s and
Respondent’s sexual history will not be used to prove character or reputation.
Additionally, information related to the prior sexual history of the Complainant
or Respondent is generally not relevant to the determination of an alleged
violation and will be considered only in limited circumstances.
2. The Review Panel members or Review Officer will ask questions to the
Complainant, Respondent, and witnesses during the Review. In addition to
questions previously submitted per Section III (Q) above, the Complainant and
Respondent may provide follow-up questions in writing to the Review Panel
Chair or Review Officer to be asked of the other party or witnesses by the Chair
or Review Officer. The Chair or Review Officer may exclude any unduly
repetitious or irrelevant questions. Review participants are not required to
answer questions that would be incriminating.
3. The Review Panel Chair or Review Officer may institute reasonable time
restrictions on presentation of information, questioning, and delivery of summary
statements in order to complete the Review in a reasonable amount of time.
V. After conducting the Review, the Review Panel or Review Officer will deliberate
privately. The determination(s) of the Review Panel will be made by majority vote.
1. The Panel or Review Officer will determine whether there is a preponderance of
the evidence that the Respondent is responsible for the alleged violation(s). The
Respondent will be found responsible only for alleged violations supported by the
preponderance of the evidence.
2. Preponderance of the evidence means that is “more likely than not” that a
Respondent violated the UC San Diego Student Conduct Code. In this context,
the Respondent will be found responsible for the alleged violations if the Review
Panel (by a majority vote) or Review Officer concludes that the alleged violations
more likely than not occurred based on careful review of all information
presented.
IV. REVIEW REPORT AND SANCTIONS
Within five business days after the conclusion of deliberations, the Review Panel Chair or
Review Officer will submit a Review Report to the Office of Student Conduct summarizing the
alleged violations and the Review Panel or Review Officer’s findings as to the alleged violations.
A. If the respondent is found responsible for at least one alleged violation, the Office of
Page 9
Student Conduct will provide the Complainant, Respondent, and relevant Dean with a
copy of the Review Report within five business days after receiving the report.
B. The Complainant will have five business days from the date of notification of the
review decision to submit an impact statement to the Office of Student Conduct for
review by the relevant Dean or group. At the same time, Respondent will have five
business days to submit a statement to the Office of Student Conduct describing any
circumstances they believe the Dean or group should take into account when assigning
sanctions.
C. Once the Complainant and Respondent have had the opportunity to submit their
respective statement(s), the Office of Student Conduct will forward the statements to the
relevant Dean or group for review. The relevant Dean or group will not be bound by
these statements in determining sanctions and neither the Complainant nor Respondent
will be entitled to view and/or respond to statements submitted by the other person.
D. In assigning sanctions, the relevant Dean or group should consider the findings in the
Review Report, the University’s Sanctioning Guidelines, the statements submitted by the
Complainant and Respondent, and the Respondent’s student conduct record. The Dean
or group is required to consider suspension and dismissal for Respondents found
responsible for violations involving sexual assault, sexual misconduct, dating violence,
domestic violence, stalking, harassment, or discrimination.
1. If the Dean determines that suspension or dismissal is warranted as a sanction
for an undergraduate Student, they will consult with the Council of Deans of
Student Affairs. The Council of Deans of Student Affairs will assign the final
sanctions.
2. If the Dean determines that suspension or dismissal is warranted as a sanction
for a graduate Student or Extension student, they will consult with the Director of
Student Conduct or their designee when assigning the final sanctions.
3. If a medical or pharmacy Student is found responsible for sex offense,
harassment, or discrimination violations, the Office of Student Conduct will
forward the Review Report to the relevant Standing and Promotions Committee
(School of Medicine) or Academic Oversight Committee (Skaggs School of
Pharmacy) for review. The relevant committee will assign sanctions based on the
recommended sanctions in the report, their applicable sanctioning guidelines, the
Complainant and Respondent’s statements, and the Respondent’s student
conduct record.
F. Notice of sanctions assigned by the relevant Dean or group will be provided at the
same time to the Complainant and Respondent by the Office of Student Conduct within
10 business days from the receipt of their statements. The notice to the Complainant
will include the name of the Respondent, the specific violations found to have been
committed by the Respondent, and the assigned sanctions. 2
2
See Family Educational Rights and Privacy Act 34 C.F.R. 99.31(a)(13)
Page 10
G. The implementation of sanctions will typically be deferred during the appeals
process, unless otherwise decided at the discretion of the relevant Dean or group, in
consultation with the Director of Student Conduct or their designee. Any interim
remedies in place for the Complainant and/or Respondent will remain in place
throughout the appeals process.
H. If the Review Panel or Review Officer finds the Respondent not responsible for all
alleged violations, the Office of Student Conduct will provide the Complainant,
Respondent and Dean with a copy of the Review Report within 10 business days after
receiving the report. The Review Report will be redacted to the extent required by
University policy.
V. APPEALS
The Complainant and Respondent may appeal the determination(s) of responsibility and/or
sanction(s) in writing to the Office of Student Conduct within 10 business days after the notice
of sanctions has been received.
A. Appeals must include the grounds for review and all supporting reasons, evidence,
arguments, and documents to support the request. The Complainant and Respondent
will, upon request to the Office of Student Conduct, be given access to the record (e.g.
written decision and/or audio recording) of the Administrative Resolution meeting and/or
Student Conduct Review before submitting their appeal. Failure to submit an appeal
within the specified time period will make the original decision final and conclusive. All
appeals will be reviewed in the following manner:
1. Appeals submitted by an undergraduate Student will be reviewed by the Council
of Provosts.
2. Appeals submitted by a graduate Student will be reviewed by the Dean of the
Graduate Division.
3. Appeals submitted by a medical or pharmacy Student will be reviewed by the
relevant Dean of their school.
4. Appeals submitted by an Extension Student will be reviewed by the Dean of UC
San Diego Extension.
B. Consistent with federal law, the Complainant may appeal determinations of
responsibility or sanctions directly related to them.
C. An Advisor or any other person may assist the Complainant or Respondent in
preparing an appeal.
D. Appeals must be based only upon one or more of the following grounds:
1. The determination(s) of whether the respondent is responsible for the violation(s)
are not supported by the findings;
2. There was unfairness in the proceedings that prejudiced the result;
3. There is newly discovered evidence not known at the time of the Review, and
which could not reasonably have been known through the exercise of reasonable
diligence, that would have affected the result; or
4. The sanction(s) assigned was an inadequate response or grossly
disproportionate to the violation committed.
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E. The Office of Student Conduct will forward the appeal request to the appropriate
group or person listed in Section V (A) above. The Office of Student Conduct will also
notify the non-appealing party of the appeal in writing. The group or person reviewing
the appeal may consult with any person or make any inquiries they deem appropriate for
a fair resolution of the appeal.
F. The group or person reviewing the appeal will take one or more of the following
actions:
1. The decision by the Review Panel or Review Officer is affirmed in whole or in
part;
2. The case, in whole or in part, is referred back to the Office of Student Conduct
for re-review by a new Review Panel or Review Officer. On re-review, the results
of the previous Review will not be provided to the new Review Panel or Review
Officer. The new Review Panel or Review Officer will be reminded of applicable
procedures to ensure proper handling of the Review;
3. The decision is dismissed;
4. The assigned sanction(s) is affirmed;
5. The assigned sanction(s) is modified (e.g. increased or decreased); or
6. The assigned sanction(s) is dismissed.
G. Complainants and Respondents will generally be notified in writing of the result of the
appeal by the Office of Student Conduct within 30 business days of the date when the
request was forwarded to the person or group reviewing the appeal. The rationale of the
decision by the person or group reviewing the appeal will be included with the
notification. The result of the appeal is final.
VI. STUDENT CONDUCT RECORDS
The referral of an OPHD Investigative Report to the Office of Student Conduct may result in the
development of a student conduct record for the Respondent.
A. Student conduct records will generally contain the applicable investigation report(s),
incident report(s) and/or police report(s), meeting and decision letters, and other
documents related to the incident.
B. In pending student conduct actions that may result in the suspension or dismissal of
the Respondent, a temporary hold will normally be placed on their account by the Office
of Student Conduct. In addition, if a Respondent becomes eligible for a degree before
the completion of the student conduct process, the Executive Vice Chancellor may direct
that the degree not be awarded until the process is completed.
C. The student conduct record of a Respondent found responsible of any allegation(s)
through these Procedures will normally be retained by the Office of Student Conduct as
a student conduct record for not longer than seven years from the date of the incident or
as otherwise required by law (whichever is longer). If a student leaves UC San Diego
without graduating, their student conduct record will normally be retained by the Office
of Student Conduct for not longer than seven years from the date of the incident or as
otherwise required by law (whichever is longer).
D. The record of a student conduct matter resulting in the Respondent’s dismissal from
Page 12
the University will be retained permanently.
E. Student conduct records of a Respondent found not responsible for all violations
through these Procedures will be retained for seven years from the date of the incident
or as otherwise required by law (whichever is longer). However, such records will not be
considered while determining sanctions in a subsequent case.
F. Whenever any information is included by the Office of Student Conduct or any
University Official in a student conduct record under these Procedures, the Complainant
or Respondent will be allowed to include in the record a brief written statement or
response concerning the student conduct action. The Complainant or Respondent may
not request a change in the underlying decision or sanction(s) through this process.
G. The Office of Student Conduct will notify OPHD of the final results of cases handled
under these Procedures once the appeals process has concluded. The information
provided to OPHD will include the names of the Complainant and Respondent, the
acceptance or determination(s) of responsibility, assigned sanctions (if any), and appeal
decision (if applicable).
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APPENDIX D
Corrective Action – Professional and Support Staff
University of California Policy – PPSM 62
Corrective Action
Responsible Officer: Vice President – Human Resources
Responsible Office: HR - Human Resources
Issuance Date: September 23, 2014
Effective Date: September 23, 2014
Scope:
Employees in the Professional & Support Staff personnel
group.
Contact: Melanie Kwan
Email: Melanie.Kwan@ucop.edu
Phone #: 510-987-0360
I.
POLICY SUMMARY
II.
DEFINITIONS
This policy describes the types of corrective action – written warning, corrective salary
decrease, suspension and demotion – the University may take to address concerns
regarding the conduct or work performance of regular status Professional and Support
Staff (PSS) employees.
Career Appointment: An appointment established at a fixed or variable percentage of
time at 50 percent or more of full-time that is expected to continue for one year or
longer.
Corrective Action: The use of increasingly serious actions the University may take to
address concerns regarding the conduct or work performance of regular status
Professional and Support Staff employees. The four types of corrective action that can
be used are written warning, corrective salary decrease, suspension and demotion.
Counseling Memo: A written memo to an employee to identify and address a conduct
or performance issue. The memo should reinforce the supervisor’s expectations and
clarify the course of action for improvement. A counseling memo is not a type of
corrective action.
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University of California Policy – PPSM 62
Exception to Policy: An action that exceeds what is allowable under current policy or
that is not expressly provided for under policy. Any such action must be treated as an
exception.
Executive Officer: The University President, Chancellor, Lawrence Berkeley National
Laboratory Director, or Vice President of Agriculture and Natural Resources.
Exempt Employee: An employee who, based on duties performed and manner of
compensation, is exempt from the Fair Labor Standards Act (FLSA) minimum wage and
overtime provisions.
Regular Status Employee: An employee in a career appointment who is not required
to serve a probationary period or an employee in a career appointment who has
successfully completed a required probationary period and any extension thereof.
Top Business Officer: Executive Vice President–Business Operations for the Office of
the President, Vice Chancellor for Administration, or the position responsible for the
location’s financial reporting and payroll as designated by the Executive Officer.
Verbal Counseling: A discussion between an employee and supervisor regarding a
conduct or performance issue. The discussion should reinforce the supervisor’s
expectations and clarify the course of action for improvement. A verbal counseling is
not a type of corrective action.
III.
POLICY TEXT
A. General
The University may take corrective action when an employee fails to meet acceptable
conduct or work performance standards. The types of corrective action that can be
used to provide an opportunity for an employee to correct conduct or work performance
standards are written warning, corrective salary decrease, suspension and demotion.
Supervisors are responsible for informing employees of conduct and performance
expectations before problems arise. As appropriate any corrective action taken due to
conduct or unsatisfactory work performance may be noted in the employee’s
performance appraisal.
The types of conduct that may result in corrective action include, but are not limited to:
• failure to meet acceptable work performance standards;
• unexcused absenteeism or tardiness;
• insubordination;
• unethical behavior;
• violation of federal or state law;
• theft or misappropriation of University property;
• fighting on the job;
• discrimination, harassment, exploitation or intimidation, including sexual;
• acts endangering employees, students, visitors, or other University constituents;
or
• any other serious violation of University policies.
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University of California Policy – PPSM 62
Corrective action should generally follow a course of progressive discipline that will use
increasingly serious actions if there is no sufficient improvement or if there is repeated
failure to correct unacceptable conduct or work performance.
When determining the appropriate corrective action to use, supervisors should take into
account the severity and circumstances of the situation and the employee’s work
history. Immediate termination may be warranted in situations of serious misconduct or
failure to maintain acceptable work performance standards. The process for terminating
a career PSS employee is described in Personnel Policies for Staff Members 64
(Termination of Career Employees – Professional and Support Staff). In some cases,
an employee may be placed on a leave with or without notice to investigate a conduct or
work performance issue. The process for placing an employee on an investigatory
leave is described in Personnel Policies for Staff Members 63 (Investigatory Leave).
Although not required, before implementing any of the corrective actions described in
this policy, supervisors are encouraged to first use a verbal counseling and/or a
counseling memo to communicate with an employee about conduct or work
performance concerns. Verbal counseling and counseling memos are not corrective
action; however, they are useful tools that can be used to clarify expectations and
provide an employee with the opportunity to address concerns before corrective action
is taken. As appropriate, supervisors are encouraged to document the verbal
counseling discussion.
B. Notice of Intent to Take Corrective Action
Pursuant to this policy, the University will provide the employee with a written notice of
intent to take corrective action when issuing a corrective salary decrease, a suspension
(except for a suspension pursuant to PPSM 64.D.) or a demotion. The notice of intent
will state the intended corrective action, the reason for the action, and the proposed
effective date(s) of the action. The notice of intent will also include a copy of the
documents on which the corrective action is based (if any), and it will state that the
employee has the right to respond orally or in writing within 10 calendar days from the
issuance date of the notice. After consideration of the employee’s response, if any,
corrective action may or may not be taken. If any action is taken, the employee will be
notified in writing of the corrective action to be taken, the effective date(s) of the action
and the employee’s right to file a complaint under Personnel Policies for Staff Members
70 (Complaint Resolution).
C. Types of Corrective Action
There are four types of corrective action that can be used in the progressive discipline
process; however, corrective action does not need to follow a specific order. As
appropriate, the corrective action taken should correspond to the severity and
circumstances of the situation.
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University of California Policy – PPSM 62
1. Written Warning
Generally, at least one written warning will be given to an employee prior to proceeding
with any other corrective action; however, no written warning will be needed if the
corrective action is a result of misconduct or work performance that an employee knows
or reasonably should have known was unacceptable. The written warning must
describe how the employee failed to meet acceptable conduct or work performance
standards.
2. Corrective Salary Decrease
An employee may be subject to a temporary or permanent corrective salary decrease
when removal from the workplace is not appropriate; yet discipline is warranted.
3. Suspension
An employee may be subject to removal from the workplace and suspended for a
defined period of time without pay. For exempt employees, suspension without pay
must be imposed in a minimum increment of one workday.
4. Demotion
An employee may be subject to a temporary or permanent demotion for disciplinary
reasons.
D. Records of Corrective Actions
Records of corrective actions will be maintained in accordance with the University’s
Records Retention Schedule. Records of corrective actions taken in response to
complaints filed by members of the public against employees in police titles will be
retained for five years and filed as required by California Penal Code Section 832.5.
IV.
COMPLIANCE / RESPONSIBILITIES
A. Implementation of the Policy
The Vice President–Human Resources is the Responsible Officer for this policy and has
the authority to implement the policy. The Responsible Officer may develop procedures
or other supplementary information to support the implementation of this policy. Such
supporting documentation does not require the approval of the President. The
Responsible Officer may apply appropriate interpretations to clarify the policy provided
that the interpretations do not result in substantive changes to the underlying policy.
The Chancellor, Lawrence Berkeley National Laboratory Director, or Vice President of
Agriculture and Natural Resources is authorized to establish and is responsible for local
procedures necessary to implement the policy.
B. Revisions to the Policy
The President is the Policy Approver and has the authority to approve policy revisions
upon recommendation by the Vice President–Human Resources.
The Vice President–Human Resources has the authority to initiate revisions to the
policy, consistent with approval authorities and applicable Bylaws and Standing Orders
of the Regents.
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University of California Policy – PPSM 62
The Executive Vice President–Business Operations has the authority to ensure that
policies are regularly reviewed, updated, and consistent with other governance policies.
C. Approval of Actions
Actions within this policy must be approved in accordance with local procedures.
Chancellors and the Vice President–Human Resources are authorized to determine
responsibilities and authorities at secondary administrative levels in order to establish
local procedures necessary to implement this policy.
All actions applicable to PPSM-covered staff employees who are not Senior
Management Group members that exceed this policy, or that are not expressly provided
for under any policy, must be approved by the Vice President–Human Resources.
D. Compliance with the Policy
The following roles are designated at each location to implement compliance monitoring
responsibility for this policy:
The Top Business Officer and/or the Executive Officer at each location will designate
the local management office to be responsible for the ongoing reporting of policy
compliance.
The Executive Officer is accountable for monitoring and enforcing compliance
mechanisms and ensuring that monitoring procedures and reporting capabilities are
established.
The Vice President–Human Resources is accountable for reviewing the administration
of this policy. The Director–HR Compliance may periodically monitor compliance to this
policy.
E. Noncompliance with the Policy
Noncompliance with the policy is handled in accordance with Personnel Policies for
Staff Members 61, 63, 64, 65, and 67, pertaining to disciplinary and separation matters.
V.
PROCEDURES
Not applicable.
VI.
RELATED INFORMATION
•
Personnel Policies for Staff Members 64 (Termination of Career Employees –
Professional & Support Staff) (referenced in Sections III.A. and III.B. of this
policy)
•
Personnel Policies for Staff Members 70 (Complaint Resolution) (referenced in
Section III.B. of this policy)
•
University of California, Records Retention Schedule (referenced in Section III.E.
of this policy)
•
Peace Officer Misconduct or Abuse (Penal Code Section 832.5) (referenced in
Section III.E. of this policy)
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University of California Policy – PPSM 62
•
Personnel Policies for Staff Members 61, 63, 64, 65, and 67 (referenced in
Section IV.E. of this policy)
•
Personnel Policies for Staff Members 30 (Salary)
•
Sexual Harassment and Sexual Violence Policy
•
University of California Policy on Substance Abuse
•
University of California, Principles of Community
•
University of California, Statement of Ethical Values
VII.
FREQUENTLY ASKED QUESTIONS
General (Section III.A)
1. What are some examples of unethical behavior?
Some examples of unethical behavior include, but are not limited to, the following:
• disclosure or misappropriation of confidential information;
• falsification of work hours;
• misappropriation of University property, possessions or resources; or
• unlawful possession, use or sale of alcohol or of controlled substances in the
workplace
2. What are some examples of harassment that are not sexual in nature?
Some examples of harassment that are not sexual in nature include, but are not
limited to, the following:
• threatening, intimidating or hostile acts;
• bullying;
• negative stereotyping; or
• demeaning comments.
3. Can I file a complaint under PPSM 70 (Complaint Resolution) if I get a verbal
counseling or counseling memo?
Generally, no. Verbal counseling and counseling memos are not considered to be
corrective action, but rather an informal way to communicate with you about issues
that need to be addressed. They typically do not affect your existing terms and
conditions of employment in a material way and therefore are not eligible for the
complaint resolution process.
4. Are verbal counseling documentation and counseling memos required to be
noted in the employee performance appraisal?
No, it is not required to include verbal counseling documentation or counseling
memos in the employee’s performance appraisal. However, it is a best practice that
can be used as appropriate, to document the communication between the employee
and supervisor regarding the employee’s conduct or work performance.
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University of California Policy – PPSM 62
5. Does this policy apply to limited, casual/restricted, floater or probationary
employees?
No, this policy does not apply to limited, casual/restricted, floater or probationary
employees. These employees can be released at any time at the discretion of the
University per PPSM 61 (Release During the Probationary Period or From Limited,
Casual/Restricted, and Floater Appointments) so they are not subject to the
corrective action process.
6. Does this policy apply to contract employees?
Contract employees are covered only by the PPSM policies outlined within their
employment contract.
7. Can an employee be terminated if a supervisor has gone through the
corrective action process and an employee has not corrected the conduct or
unsatisfactory work performance problem?
Yes, an employee can be terminated pursuant to PPSM 64 (Termination of Career
Employees – Professional & Support Staff) if corrective action has not corrected the
conduct or work performance problem.
Types of Corrective Action (Section III.B)
8. Does corrective action need to be implemented in a certain order?
No. While corrective action is generally meant to be progressive, each situation is
different and there is no single appropriate course of action. Supervisors have the
discretion to skip or repeat corrective action as necessary; however corrective action
should be applied in a fair and consistent manner.
Appropriate corrective action taken should take into account the severity and
circumstances of the situation. For example, one situation may begin with a written
warning and end with a corrective salary decrease, whereas another situation may
begin with written warning, progress to a suspension without pay and end with a
demotion.
9. What types of conduct would not require that a written warning be provided to
an employee before corrective action is taken?
A written warning would not be required when the employee engages in conduct or
work performance that he/she knows or reasonably should have known was
unacceptable. Such conduct would include, but is not limited to:
• insubordination;
• unethical behavior;
• violation of federal or state law;
• theft or misappropriation of University property;
• fighting on the job;
• harassment, exploitation or intimidation, including sexual;
• acts endangering employees, students, visitors, or other University constituents;
and
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University of California Policy – PPSM 62
•
any other serious violation of University policies
10. What should be included in a written warning for unsatisfactory work
performance?
As a best practice and when appropriate, the written warning should articulate the
problem needing correction and include an action plan with expectations and
consequences for failing to meet and sustain improvement.
Notice to Take Corrective Action (Section III.C)
11. Will I be able to respond to a notice to take corrective action if the 10th
calendar day falls on a Saturday, Sunday or University holiday?
Yes, you will be able to respond if the deadline falls on a Saturday, Sunday or
University holiday, as the response will be due by 5:00 pm on the following business
day.
Records of Corrective Action (Section III.D)
12. How long will a record of corrective action be retained in an employee’s
personnel file?
A record of corrective action must be retained in an employee’s personnel file for five
years after the end of the fiscal year in which the claim is resolved and no further
similar or related corrective action has been taken. The record of corrective action
should be deleted or destroyed after the retention period has lapsed.
13. How long will a counseling memo be retained in an employee’s personnel file?
A counseling memo must be retained in an employee’s personnel file for five years
after the end of the fiscal year in which the employee separates from the University.
The counseling memo should be deleted or destroyed after the retention period has
lapsed.
VIII. REVISION HISTORY
Policy changes effective as of September 23, 2014:
•
“Professional & Support Staff” removed from policy’s title.
•
General:
o University may take corrective action when an employee fails to meet
acceptable conduct or work performance standards.
o Types of corrective action that can be used to correct conduct or work
performance standards are written warning, corrective salary decrease,
suspension and demotion.
o Any corrective action taken may be noted in the employee’s performance
appraisal.
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University of California Policy – PPSM 62
o Clarify and update the types of conduct that may result in corrective
action.
o Corrective action should generally follow a course of progressive
discipline.
o Corrective action taken should take into account the severity and
circumstances of the situation and the employer’s work history.
o Use of verbal counseling and counseling memos prior to implementing
corrective action.
•
Notice of Intent to Take Corrective Action.
o Employee’s right to respond to a Notice of Intent increased to 10
calendar days from 8 calendar days.
•
Types of Corrective Action
o Section includes language on the four types of corrective action that can
be used.
o Clarify language on written warning and suspension.
o Include language on corrective salary decrease and demotion.
•
Records of Corrective Action
o Records will be maintained in accordance with the University’s Records
Retention Schedule rather than local procdures.
As a result of the issuance of this policy, the following documents are rescinded as of
the effective date of this policy and are no longer applicable:
•
Personnel Policies for Staff Members 62 (Corrective Action – Professional &
Support Staff), dated March 1, 2002
•
Personnel Policies for Staff Members 62 (Corrective Action – Professional &
Support Staff), dated July 1, 1996
•
Staff Personnel Policy 270 (Corrective Action), Sections 270.1 – 270.7,270.11
and 270.12, dated May 1, 1994
•
Administrative and Professional Staff Program 170 (Corrective Action), dated
July 1, 1987
This policy was reformatted into the standard University of California policy template
effective July 1, 2012.
Page 9 of 9
APPENDIX E
Termination of Career Employees - Professional & Support Staff
University of California – Policy PPSM-64
PPSM-64: Termination of Career Employees Professional & Support Staff
Responsible Officer: Vice President – Human Resources
Responsible Office: HR - Human Resources
Issuance Date: 1/1/2001
Effective Date: 1/1/2001
Scope:
Employees in the Professional & Support Staff personnel
group
Contact: Charles Barragan
Email: Charles.Barragan@ucop.edu
Phone #: (510) 987-0863
I.
POLICY SUMMARY
II.
DEFINITIONS
The policy describes the process for terminating a career professional and support staff
member due to misconduct or the employee’s failure to maintain appropriate work
performance standards.
Exception to Policy: An action that exceeds what is allowable under current policy or
that is not expressly provided for under policy. Any such action must be treated as an
exception.
Executive Officer: The University President or Chancellor.
Top Business Officer: Executive Vice President–Business Operations for the Office of
the President, Vice Chancellor for Administration, or the position responsible for the
location’s financial reporting and payroll as designated by the Executive Officer.
Page 1 of 4
University of California – Policy PPSM-64
PPSM-64: Termination of Career Employees - Professional & Support Staff
III.
POLICY TEXT
A. General
Regular status professional and support staff may be terminated from employment
because of misconduct or failure to maintain appropriate work performance standards.
Normally, termination is preceded by corrective action (see Staff Policy 62, Corrective
Action) unless unsatisfactory performance or misconduct warrants immediate dismissal.
B. Written Warning
When termination is for failure to maintain appropriate work performance standards, at
least one written warning shall precede the termination. Termination for misconduct
does not require a written warning.
C. Notice and Decision
When an employee is to be terminated, the employee shall receive written notice of the
intent to terminate, which shall include a statement of the reason(s) for the intended
action, a copy of any materials upon which the termination is based, and a statement
that the employee has a right to respond orally or in writing within 8 calendar days.
After the employee has responded or after 8 calendar days, whichever comes first,
management shall review the response, if any, and inform the employee of the action to
be taken.
D. Pay in Lieu of Notice
An employee shall receive at least 15 calendar days’ notice of termination or pay in lieu
of notice. The 15 calendar days shall be counted from the date of the notice or intent to
terminate.
However, if the termination is for misconduct, the employee may be suspended without
pay as of the date of the notice of intent to terminate, and the employee may be
terminated immediately on the eight day following the date of the notice of the intent to
terminate or after consideration of the employee’s timely response to the notice of intent
to terminate, whichever is earlier.
IV.
COMPLIANCE / RESPONSIBILITIES
A. Implementation of the Policy
The Vice President–Human Resources is the Responsible Officer for this policy and has
the authority to implement the policy. The Responsible Officer may apply appropriate
interpretations to clarify the policy provided that the interpretations do not result in
substantive changes to the underlying policy. The Chancellor is authorized to establish
and is responsible for local procedures necessary to implement the policy.
B. Revisions to the Policy
The President is the Policy Approver and has the authority to approve policy revisions
upon recommendation by the Vice President–Human Resources.
The Vice President–Human Resources has the authority to initiate revisions to the
policy, consistent with approval authorities and applicable Bylaws and Standing Orders
of the Regents.
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University of California – Policy PPSM-64
PPSM-64: Termination of Career Employees - Professional & Support Staff
The Executive Vice President–Business Operations has the authority to ensure that
policies are regularly reviewed, updated, and consistent with other governance policies.
C. Approval of Actions
Actions within this policy must be approved in accordance with local procedures.
Chancellors and the Vice President–Human Resources are authorized to determine
responsibilities and authorities at secondary administrative levels in order to establish
local procedures necessary to implement this policy.
All actions applicable to PPSM-covered staff employees that exceed this policy, or that
are not expressly provided for under any policy, must be approved by the Vice
President–Human Resources.
D. Compliance with the Policy
The following roles are designated at each location to implement compliance monitoring
responsibility for this policy:
The Top Business Officer and/or the Executive Officer at each location will designate
the local management office to be responsible for the ongoing reporting of policy
compliance.
The Executive Officer is accountable for monitoring and enforcing compliance
mechanisms and ensuring that monitoring procedures and reporting capabilities are
established.
The Vice President–Human Resources is accountable for reviewing the administration
of this policy. The Director–HR Compliance may periodically monitor compliance to this
policy.
E. Noncompliance with the Policy
Noncompliance with the policy is handled in accordance with Personnel Policies for
Staff Members 61, 62, 63, 64, 65, and 67, pertaining to disciplinary and separation
matters.
V.
PROCEDURES
The Responsible Officer may develop procedures or other supplementary information to
support the implementation of this policy. Such supporting documentation does not
require the approval of the President.
VI.
RELATED INFORMATION
Personnel Policies for Staff Members 62 (Corrective Action) (referenced in
Section III.A. of this policy)
Personnel Policies for Staff Members 61, 62, 63, 64, 65, and 67 (referenced in
Section IV.E. of this policy)
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University of California – Policy PPSM-64
PPSM-64: Termination of Career Employees - Professional & Support Staff
VII.
FREQUENTLY ASKED QUESTIONS
Not applicable.
VIII. REVISION HISTORY
This policy was reformatted into the standard University of California policy template
effective July 1, 2012.
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APPENDIX F
Termination of Career Employees - Managers & Senior Professionals
University of California – Policy PPSM-65
PPSM-65: Termination of Career Employees Managers & Senior Professionals, Salary Grades I
through VII
Responsible Officer: Vice President – Human Resources
Responsible Office: HR - Human Resources
Issuance Date: 11/6/2009
Effective Date: 11/6/2009
Scope:
Managers & Senior Professionals holding career
appointments in Salary Grades I through VII
Contact: Charles Barragan
Email: Charles.Barragan@ucop.edu
Phone #: (510) 987-0863
I.
POLICY SUMMARY
II.
DEFINITIONS
The policy describes the process for terminating a manager or senior professional
employee with a career appointment when, in management’s judgment, the needs or
resources of a department or the performance or conduct of an employee do not justify
the continuation of an appointment.
Exception to Policy: An action that exceeds what is allowable under current policy or
that is not expressly provided for under policy. Any such action must be treated as an
exception.
Executive Officer: The University President or Chancellor.
Top Business Officer: Executive Vice President–Business Operations for the Office of
the President, Vice Chancellor for Administration, or the position responsible for the
location’s financial reporting and payroll as designated by the Executive Officer.
III.
POLICY TEXT
A. General
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University of California – Policy PPSM-65
PPSM-65: Termination of Career Employees - Managers & Senior Professionals, Salary
Grades I through VII
Managers and senior professionals holding career appointments in salary grades I
through VII may be terminated when, in management’s judgment, the needs or
resources of a department or the performance or conduct of an employee do not justify
the continuation of an employee’s appointment.
B. Notice and Decision
When an appointment is to be terminated, the employee shall receive written notice of
intent to terminate which shall include a statement of the reason(s) for the intended
action, a copy of any materials upon which the termination is based, and a statement
that the employee has a right to respond orally or in writing within 8 calendar days.
After the employee has responded or after 8 calendar days, whichever comes first,
management shall review the response, if any, and inform the employee of the action to
be taken.
C. Pay in Lieu of Notice
An employee terminated for reasons other than misconduct shall receive 60 calendar
days' notice of termination or pay in lieu of notice. The 60 calendar days shall be
counted from the date of the notice of intent to terminate. An employee who receives a
notice of intent to terminate for misconduct may be suspended without pay as of the
date of the notice of intent to terminate and may be terminated without further notice on
the eighth day after the date of the notice of intent to terminate or after consideration of
the employee's timely response to the notice of intent to terminate, whichever is earlier.
D. Termination Assistance
Managers and senior professional employees may be assisted, at the discretion of the
Chancellor, as follows:
1. Assignment of the employee to another position, if a position is available, the
employee is qualified to perform the work, and the assignment is in the
University's interest.
2. Career counseling or outplacement services.
3. Reasonable time off with pay for interviews for other positions both within and
outside the University.
4. a. A location may grant severance pay in the amount of one month of pay, or
less, for each completed year of continuous University service to a maximum of
six months of severance pay. Payment of severance is conditioned upon the
employee entering into a written separation agreement which is approved by the
University in accordance with the Policy on Settlement of Litigation, Claims, and
Separation Agreements (Regents Policy 4105).
b. No severance pay shall be provided when termination has resulted from
misconduct, as determined by the Chancellor or his/her designee.
c. An employee who is reemployed at any University location in any capacity
during the paid severance period is required to repay to the University an amount
equal to the severance pay received for the time period beginning with the date
of hire in the new position to the end of the paid severance period.
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University of California – Policy PPSM-65
PPSM-65: Termination of Career Employees - Managers & Senior Professionals, Salary
Grades I through VII
In the event the monthly salary in the new position is less than the monthly
salary used to calculate the severance pay amount, the employee is required to
repay to the University an amount based on the monthly salary of the new
position for the time period beginning with the date of hire in the new position to
the end of the paid severance period.
A written repayment plan is to be agreed upon between the employee and the
University before commencement of work.
IV.
COMPLIANCE / RESPONSIBILITIES
A. Implementation of the Policy
The Vice President–Human Resources is the Responsible Officer for this policy and has
the authority to implement the policy. The Responsible Officer may apply appropriate
interpretations to clarify the policy provided that the interpretations do not result in
substantive changes to the underlying policy. The Chancellor is authorized to establish
and is responsible for local procedures necessary to implement the policy.
B. Revisions to the Policy
The President is the Policy Approver and has the authority to approve policy revisions
upon recommendation by the Vice President–Human Resources.
The Vice President–Human Resources has the authority to initiate revisions to the
policy, consistent with approval authorities and applicable Bylaws and Standing Orders
of the Regents.
The Executive Vice President–Business Operations has the authority to ensure that
policies are regularly reviewed, updated, and consistent with other governance policies.
C. Approval of Actions
Actions within this policy must be approved in accordance with local procedures.
Chancellors and the Vice President–Human Resources are authorized to determine
responsibilities and authorities at secondary administrative levels in order to establish
local procedures necessary to implement this policy.
All actions applicable to PPSM-covered staff employees who are not Senior
Management Group members that exceed this policy, or that are not expressly provided
for under any policy, must be approved by the Vice President–Human Resources.
D. Compliance with the Policy
The following roles are designated at each location to implement compliance monitoring
responsibility for this policy:
The Top Business Officer and/or the Executive Officer at each location will designate
the local management office to be responsible for the ongoing reporting of policy
compliance.
The Executive Officer is accountable for monitoring and enforcing compliance
mechanisms and ensuring that monitoring procedures and reporting capabilities are
established.
Page 3 of 4
University of California – Policy PPSM-65
PPSM-65: Termination of Career Employees - Managers & Senior Professionals, Salary
Grades I through VII
The Vice President–Human Resources is accountable for reviewing the administration
of this policy. The Director–HR Compliance may periodically monitor compliance to this
policy.
E. Noncompliance with the Policy
Noncompliance with the policy is handled in accordance with Personnel Policies for
Staff Members 61, 62, 63, 64, 65, and 67, pertaining to disciplinary and separation
matters.
V.
PROCEDURES
The Responsible Officer may develop procedures or other supplementary information to
support the implementation of this policy. Such supporting documentation does not
require the approval of the President.
VI.
RELATED INFORMATION
Policy on Settlement of Litigation, Claims, and Separation Agreements (Regents
Policy 4105) (referenced in Section III.D.4. of this policy)
Personnel Policies for Staff Members 61, 62, 63, 64, 65, and 67 (referenced in
Section IV.E. of this policy)
VII.
FREQUENTLY ASKED QUESTIONS
Not applicable.
VIII. REVISION HISTORY
This policy was reformatted into the standard University of California policy template
effective July 1, 2012.
Page 4 of 4