Advisors

The role of a complaint resolution process advisor

Under the UC Sexual Violence and Sexual Harassment Policy and UC Anti-Discrimination Policy, both the Complainant and the Respondent have the right to an advisor at all stages of the complaint resolution process. 

In the UC Berkeley complaint resolution process, an advisor provides guidance to the parties on navigating the process. A party may select anyone (including attorneys), except another party (and in Anti-Discrimination cases, witnesses) in the complaint, to be their advisor or students may request that the University provide them an advisor. 

Who can serve as an advisor?

An advisor is a person selected by a party or provided by UC Berkeley upon a party's request*. In complaints alleging violations of the UC Sexual Violence and Sexual Harassment Policy, an advisor cannot be another party. In complaints alleging violations of the UC Anti-Discrimination Policy, an advisor cannot be another party or a witness.

The advisor does not need to be an attorney, although parties may select one. The advisor's role differs from that of an attorney in a criminal or civil case. Please read on for a deeper dive into what an advisor does and does not do in the complaint resolution process.

*Student complainants and respondents may request a University-provided advisor. In cases where a student is the respondent and an employee is the complainant, the employee complainant may also request a University-provided advisor. 

Learn about advisors provided by the University

What does an advisor do?

Your role as an advisor is to provide guidance to the party (either the Complainant or the Respondent) that helps them understand and navigate the complaint resolution process.

With written permission from the party, an advisor will receive updates along with the party throughout the process.

Examples 

Throughout the process:

Examples of what an advisor can do throughout the complainant resolution process include, but are not limited to, assisting the party with: 

  • Understanding the applicable policies and procedures

  • Understanding and exercising their rights

  • Keeping track of important deadlines

  • Preparing to participate in interviews, hearings, and other meetings, as needed

  • Preparing or reviewing evidence, statements, questions, and other materials, as needed

During all meetings, interviews, and hearings: 

Advisors may accompany the party to meetings, interviews, and hearings throughout the complaint resolution process. Attendance can be in-person, via phone, or video conference (i.e. Zoom).

At any time during meetings, interviews, and hearings, advisors  may request breaks on behalf of the person they are advising. The party may also request brief breaks to confer with their advisor in private to obtain procedural advice and assistance. 

Please visit OPHD’s website for more information about participating in an interview.

During hearings:

During a hearing (pursuant to relevant procedures), an advisor is allowed to ask the questions to the other party and any witnesses. Advisors must read the questions as the party has provided them, either prior to the hearing or during the hearing in real-time, such as follow-up questions. The party themselves must prepare all questions they wish to pose during the hearing. An advisor may provide assistance to the party in developing the questions, but advisors are not allowed to ask any questions they have developed without the party. 

Please note that if an advisor plans to attend a hearing, they are expected to attend the pre-hearing meeting that will be arranged by the Hearing Coordinator. 

Please visit the SVSH hearings webpages for more information about hearings. 

What an advisor cannot do

An advisor's primary role is to provide guidance on the complaint resolution process. An advisor is NOT an advocate or legal representative for the party.

  • Advisors may not speak on behalf of, answer questions for, make statements for, present information for, or represent the party.

  • Advisors may not disrupt any meeting, interview, or other proceeding. 

  • As noted previously, an advisor is not allowed to develop a party’s statements or questions on behalf of the party.

OPHD may limit the participation or exclude an advisor who does not abide by these rules. 

Rules of conduct

The University takes the wellbeing of all participants and integrity of the University’s resolution processes as paramount. As such, the University expects all participants in a complaint resolution process—including the parties and their advisor— to follow the Rules of Conduct. Failure to follow these rules may remove any person who is not a party from the process. 

Examples of violations of the Rules of Conduct include, but are not limited to: 

  • Directing abusive language towards any participant in the hearing process

  • Intimidating or harassing behavior toward a party or a witness

  • An advisor repeatedly asking a party irrelevant questions regarding their sexual history during an SVSH hearing

  • An advisor repeatedly misgendering the other party during questioning in an SVSH hearing

  • Engaging in obstructionist tactics to prevent or unreasonably delay an interview or hearing