Dear Campus Community,
The University of California Office of the President has revised the Sexual Violence and Sexual Harassment policy for all UC campuses. This change complies with new Title IX regulations issued by the U.S. Department of Education, which went into effect Aug. 14.
Regardless of these regulatory changes, which are widely perceived as a rollback of Obama-era protections, our commitment at UC Berkeley to preventing and responding to sexual misconduct matters is unwavering. We will continue to follow our policies as well as all state and federal laws that assist us in that effort.
We want to make clear that sexual misconduct prohibited in the past remains prohibited on UC campuses, and we will continue to provide fair and compassionate processes for all parties.
The new Department of Education (DOE) regulations allow universities to lessen their obligation to address sexual misconduct matters. The University of California has emphatically chosen not to do so.
The UC Sexual Violence and Sexual Harassment policy (SVSH policy) is still in effect, and continues to prohibit sexual assault, sexual harassment, gender-based harassment, relationship violence, stalking, invasions of sexual privacy, other forms of sexual misconduct, and retaliation.
For example, under the DOE regulations, the definition of sexual harassment to which DOE obligates all universities to respond has narrowed. However, the University of California will still respond, as before, to the wider range of misconduct covered by the SVSH Policy.
The DOE regulations also require a new process to be followed. It involves some new steps, including hearings. The new process applies to the narrowed set of sexual misconduct which the new regulations address. We call this new process the “DOE Grievance Process.” The University of California will apply the new DOE Grievance Process only when required; that is, we will apply it to DOE-covered conduct only. The University of California will continue to follow its existing process for all the other conduct that the UC SVSH policy prohibits.
If this seems complicated, it is. These changes mean that for SVSH matters, UC has two investigation and disciplinary processes: the DOE grievance process, which applies to formal complaints of DOE-covered conduct; and our existing SVSH formal investigation procedures, which apply to all other reports of prohibited SVSH conduct.
The biggest difference between the DOE grievance process and the existing SVSH process is that the DOE grievance process includes Title IX hearings with cross-examination. Hearings have been part of the student process for a while; some aspects of those hearings will change, for DOE-covered conduct.
The new DOE regulations only apply to conduct that occurs on or after August 14, 2020.
At Berkeley, our values and commitments have not changed. We are dedicated to providing a safe environment and ensuring a fair process for complainants and respondents. Nothing in the new regulations changes the support we continue to offer to survivors, however, we know that the new regulations may be concerning to survivors who are considering whether to file a complaint. These concerns make it all the more important to consult, early on, with a confidential resource, in order to understand available options in a confidential and supportive environment. The PATH to Care center, which serves the entire campus community (including students, staff, faculty), is a good place to start. Our confidential resources continue to offer support and guidance, even during pandemic conditions.
Individuals who wish to file a formal report should, as always, contact the Office for the Prevention of Harassment and Discrimination (OPHD) by emailing ask_ophd@berkeley.eduResponsible Employee reporting obligations remain unchanged.
Individuals who have had an SVSH case filed against them are encouraged to contact Respondent Services to learn about their rights and our processes.
You can learn more about the new UC SVSH policy here, in our FAQ document, and via this flowchart
Please continue to stay safe and be well.
Sincerely,
Khira Griscavage, Associate Chancellor, Chief Ethics, Risk, and Compliance Officer;
Sharon Inkelas, Special Faculty Advisor to the Chancellor on Sexual Violence/Sexual Harassment;
Kellie Brennan, Executive Director of Civil Rights & Whistleblower Compliance;
Cherie Scricca, Interim Director, Office for the Prevention of Harassment & Discrimination (OPHD)
August 19, 2020
Chancellor's Office