Frequently Asked Questions

Once a report has been filed, OPHD will reach out to the Complainant (the impacted person) via email, unless it is indicated in the report that a phone call is best, and invite them to an intake meeting. The outreach message will include information about the Complainant’s resources and options for complaint resolution. The Complainant is not required to respond, they can decide whether or not to respond to the outreach. 

Please see the Complaint Resolution Process Overview page for more information.

For complaints of any form of discrimination and harassment, OPHD follows the resolution process that is established in the UC systemwide policy and corresponds to campus implementing procedure. There are many ways OPHD can respond to reports of discrimination and harassment (complaint resolution options). Please click on the linked items below to learn more about each complaint resolution pathway: 

• Closure Following Initial Assessment 

  • Targeted Educational Conversations

• Alternative Resolution*

• Investigation

• Other Inquiry

Regardless of the complaint resolution pathway selected, parties may also receive supportive measures as appropriate.

Not all of these complaint resolution options are appropriate and available in every case. To discuss the resolutions option(s) available, please contact the Office for the Prevention of Harassment and Discrimination (OPHD).

*Per the UC SVSH Policy, Alternative Resolution is not available when the complainant is a student and the respondent is an employee of the University. Alternative Resolution is also not available where an employee respondent is alleged to have engaged in sexual violence (including sexual assault and sexual battery), as defined in the SVSH Policy. Please see the Alternative Resolution page for more details. 

Reports made to OPHD are assessed to determine which resolution options are appropriate. Informal resolutions do not involve an investigation and cannot result in disciplinary action. The vast majority of cases OPHD closed in 2023-24 actually did not initiate an investigation. 

In general, informal resolution options include: 

• Alternative Resolution, which is a voluntary, formalized agreement made between the Complainant and Respondent that are intended to identify and remedy harm and prevent future harm. 
• Case closure following initial assessment with one or more of the following: 
  • Targeted educational conversation, which is a meeting between an OPHD staff member and a person who has been identified as engaging in the alleged behavior, or a prevention education training provided to a group. 
  • Supportive measures for the Complainant, such as academic, workplace, or housing adjustments and referrals to resources. 
    • A No-Contact Directive is a supportive measure that directs an individual community member to have no direct or indirect contact with another individual community member. 

No. When a report is made to OPHD, a staff member will reach out to the Complainant (the person impacted by the alleged conduct) to share information about resolution options and to offer resources and support. The complainant will also be invited to an optional intake meeting with OPHD.

A Complainant can decide whether or not they want to participate in an investigation. 

If the Complainant requests an investigation, OPHD will determine whether an investigation is appropriate. If so, the OPHD will proceed with the investigation.

If the Complainant requests that no investigation occur, OPHD will seriously consider that preference. In rare circumstances, OPHD may determine that an investigation is necessary to mitigate the risk of harm to the campus community.

Please visit the Investigation page for more information.

When a report is received by OPHD, staff assess the case to determine whether or not it can be resolved through a resolution process, such as an investigation or an Alternative Resolution. If a case cannot be resolved through a resolution process, the matter will be closed.

Where OPHD did not have a basis for proceeding with a resolution, OPHD will do what they can to support impacted individuals; for example, connecting the Complainant with supportive resources, issuing no-contact directives, and/or providing targeted prevention education to individuals or groups.

Please visit the Closure Following Initial Assessment page for more information. 

If you have questions about the resolution of a particular case, please contact OPHD directly via email at ask_ophd@berkeley.edu.

A case may be closed following initial assessment for various reasons, including, but not limited to, the following: 

• Even if true, the behavior(s) alleged in the report does not rise to the level of a policy violation (does not meet the definition of Prohibited Conduct) according to the applicable policy.
• The behavior(s) alleged in the report is not covered under the applicable policy, such as the UC SVSH Policy or the UC Anti-Discrimination Policy. If the reported behavior could fall under a different policy, OPHD will refer the matter to another office for review and resolution. 
• There is not enough information to carry out a resolution process (for example, the identities of the people involved is not known or OPHD did not receive a response from the complainant after multiple attempts to contact them). 
• The complainant does not want OPHD services or the complainant requested that no investigation occur and OPHD determined that request could be honored. If the Complainant does not want an investigation, OPHD will seriously consider this preference. However, the Title IX Officer may determine an investigation is necessary to mitigate a risk to the campus community. 
• There is not enough connection (referred to in University policy as a "nexus") between the reported conduct and the University to carry out a resolution process (for example, the conduct did not occur in the context of a University program or activity and involved only third parties). In other words, OPHD can only carry out a resolution process if they have the jurisdiction to do so. 

Please visit the Closure Following Initial Assessment page for more information. 

Alternative Resolutions are a complaint resolution option that involves voluntary, formalized agreements made between the Complainant and Respondent that are intended to identify and remedy harm and prevent future harm. 

In general, an Alternative Resolution (AR) is an alternative to a Formal Investigation. ARs do not involve an investigation and do not result in a determination of policy violation/s or formal disciplinary action. An AR will not lead to discipline.

Please visit the Alternative Resolution page for more information.

A Targeted Educational Conversation is a type of informal resolution process in which OPHD meets with someone who has been identified as allegedly engaging in misconduct in order to address the alleged behavior, prevent it from recurring and/or escalating in the future, and reminding the person of the University's policies.

Please visit the Targeted Educational Conversations page for more information.

An investigation is the only OPHD resolution option that can result in disciplinary action for the Respondent. Any member of the University community who is found to have engaged in Prohibited Conduct (meaning they were found responsible for violationg a University policy) may be subject to disciplinary action, up to and including dismissal. 

University investigations are not criminal proceedings. A criminal investigation is intended to determine whether someone violated criminal law. A University investigation is intended to determine whether someone violated University policy. The evidentiary standards for criminal and Title IX investigations are different. At the end of the criminal process, the person may be imprisoned or subject to criminal penalties. A University investigation cannot result in imprisonment or criminal penalties. Complainants are able to make a report to law enforcement and the University, and participate in both processes. 

Campus policy and applicable law require that the campus protect the private, confidential records of faculty, students and staff. UC Berkeley cannot comment on specific cases regarding allegations of policy violations unless the case has concluded and has a finding of violation of UC Sexual Violence and Sexual Harassment Policy or the UC Anti-Discrimination Policy, and that case has resulted in disciplinary action.

A key exception involves student records, which remain private following adjudication and disciplinary action, under FERPA and UC policies. 

For employee records, it is only when the formal investigation and adjudication have fully concluded that the university may disclose information about a misconduct matter pursuant to a California Public Records Act Request.

The University provides supportive or protective measures, as appropriate and reasonably available, to all undergraduate students, graduate students, staff, faculty, and other academic appointees who experience discrimination or harassment on the basis of a protected category, including sexual violence and sexual harassment (SVSH). 

Examples of supportive measures include academic adjustments (e.g. excused absences, extra time to complete assignments, changing advisor), adjustments to campus housing, workplace adjustments (e.g. changes to work schedule or work location). 

No-Contact Directives (NCDs) are also a form of supportive measure that can be put in place as appropriate. An NCD directs an individual community member to have no direct or indirect contact with another individual community member.

For more information, please visit the Supportive Measures page. 

OPHD can assist students and employees with supportive measures whether or not the student or employee chooses to participate in a formal investigation or an alternative resolution. Students and employees are entitled to request reasonable supportive measures without the need to disclose everything that happened in detail to OPHD. 

Please visit the Support Measures page for more information. 

In general, supportive measures that are deemed appropriate for a complainant can be put in place without the complainant participating in any resolution process and without notifying the respondent of the report as long as the supportive measures change or impact only the complainant’s circumstances, without impacting the respondent. 

The complainant does not need to participate in any resolution process in order to put in place a no-contact directive. However, the respondent must be notified of the report, the complainant’s identity, and the conditions of the no-contact directive in order for the respondent to comply with the directive. 

With some exceptions, any measures that would change, restrict, or otherwise impact a respondent’s circumstances or would be part of disciplinary measures requires a complainant’s participation in a formal process. 

No-Contact Directives (NCDs) are issued by OPHD and direct an individual community member to have no direct or indirect contact with another individual community member. A No-Contact Directive is not punitive. Violations of an NCD can result in additional disciplinary action by the University.

A restraining order is court-ordered and can be enforced by the police. 

For more information about No-Contact Directives, please see the Supportive Measures page. 

Please contact OPHD if you have questions about a No-Contact Directive. In general, a No-Contact Directive between two parties who are members of the same unit or group does not remove either from the unit or group. The parties can attend the same functions and meetings, but should not address each other directly or indirectly.

Under the UC SVSH Policy and the UC Anti-Discrimination Policy, both parties (the complainant and the respondent) may have an advisor present when they are interviewed and at meetings. Under the UC SVSH Policy, both parties may have a support person present in addition to an advisor. The parties may have other support persons present under other policies. 

An advisor may be any person, except another party or potential witness, who provides the Complainant or Respondent with support, guidance, or advice (including attorneys).  

Complainants in complaints under the UC SVSH Policy may choose to be accompanied by a confidential PATH to Care Center advocate as their support person throughout the process. To contact the PATH to Care Center, please call the office at 510-642-1998. For 24/7 urgent support, please call the Care Line at 510-643-2005. 

A support person’s primary role is to provide emotional support to the complainant or respondent. A support person may accompany the complainant or respondent to meetings, interviews, and other parts of the process . A support person may request breaks on the complainant or respondent's behalf. 

A support person may not speak on behalf of, answer questions for, make statements for, present information for, or represent the person they are supporting. A support person may not disrupt any meeting, interview, or other proceeding. OPHD may limit the participation or exclude a support person who does not abide by these procedures. 

A complainant or respondent's advisor may provide advice and guidance on navigating and understanding the OPHD process. An advisor may accompany the person they are advising to meetings, interviews, and hearings throughout the process. The advisor may request breaks on behalf of the person they are advising. A complainant or respondent may request to confer with their advisor in private to obtain procedural advice and assistance. 

Pursuant to the relevant procedures, such as Appendix F, a party's advisor may ask questions of the other party or witnesses during a hearing. The advisor will ask the questions as the party has provided them, and may not ask questions that the advisor themselves have developed without their party. 

An advisor may not speak on behalf of, answer questions for, make statements for, present information for, or represent the person they are advising. An advisor may not disrupt any meeting, interview, or other proceeding. OPHD may limit the participation or exclude a support person who does not abide by these procedures.

Under the UC Policy on Sexual Violence and Sexual Harassment(link is external), any UC employee who is not identified as a confidential resource is a “Responsible Employee” required to report sexual violence, sexual harassment or other conduct prohibited by the policy to the OPHD when they learn, in the course of their employment, of an incident experienced by students.

Faculty, managers, and supervisors are Responsible Employees with elevated responsibilities. They must report to OPHD when they learn, in the course of their employment, of an incident of Prohibited Conduct under the UC SVSH Policy experienced by anyone affiliated with UC. They must also notify OPHD when they learn, in the course of their employment, of Prohibited Conduct under the UC Anti-Discrimination Policy (discrimination and harassment on the basis of a Protected Category), when it is experienced by anyone affiliated with UC Berkeley.

Sexual violence, sexual harassment or other conduct prohibited include sexual assault, sexual harassment, relationship violence, stalking, retaliation, and other prohibited conduct defined in the UC Policy on Sexual Violence and Sexual Harassment(link is external).

Discrimination and harassment and Protected Categories are defined in the UC Anti-Discrimination Policy.

For more detailed information, please visit the Responsible Employees page. 

A report enables the University to promptly address reports of discrimination and harassment by informing the individuals charged with taking action under University policy, thus helping foster a safer learning and working environment. 

Any faculty member, manager, or supervisor who is not a Confidential Resource must notify OPHD of any of the following if they learn of the Prohibited Conduct in the course of their work: 

• Prohibited Conduct under the UC SVSH Policy(link is external) affecting anyone affiliated with the University. Examples include but are not limited to incidents of sexual assault, sexual harassment, stalking, and relationship violence. 
• Prohibited Conduct under the UC Anti-Discrimination Policy(link is external) affecting anyone affiliated with the University. Examples include but are not limited to incidents of discrimination or harassment on the basis of a Protected Category, such as race, color, gender, disability, national origin, ancestry, or religion. 

For additional sources of SVSH information visit https://svsh.berkeley.edu/.

For detailed information on respondent resources please visit the resources page https://ophd.berkeley.edu/complaint-resolution-resources.

For detailed information on complainant resources please visit the resources page https://ophd.berkeley.edu/complaint-resolution-resources

Prohibits an employer from discriminating against employees on the basis of race, color, religion, sex, or national origin. "Sex " includes pregnancy, childbirth, or related medical condition, sexual harassment, sexual orientation, and gender identity. The Equal Employment Opportunity Commission (EEOC) is the federal agency charged with enforcement.

Title IX protects people from discrimination based on sex in education programs or activities that receive Federal financial assistance. Title IX states that: "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance."

Sex-based discrimination includes:

sexual harassment, sexual violence, and gender-based harassment and discrimination

For more information visit our Title IX regulations page.

The University of California uses the acronym SVSH, which stands for sexual violence and sexual harassment. SVSH is an umbrella term that includes a range of conduct prohibited by the UC Policy on SVSH(link is external)(link is external)(link is external), including relationship violence, sexual assault, sexual harassment, stalking, and other prohibitive conduct. Not all forms of harm may be included in SVSH. 

To find more information about the UC Policy definitions of consent and prohibited forms of conduct such as sexual assault and sexual harassment, please see the definitions section of the Systemwide UC Policy on SVSH(link is external)(link is external)(link is external)

A complainant is a person alleged, in a report to the Title IX Officer, to have experienced discrimination or harassment on the basis of a protected category, or Prohibited Conduct, as defined by the SVSH Policy, including sexual assault and sexual harassment.

A respondent is a person alleged, in a report to the Title IX Officer, to have engaged in discrimination or harassment on the basis of a protected category, or Prohibited Conduct, as defined by the SVSH Policy, including sexual assault and sexual harassment.

Retaliation is conduct that would discourage a reasonable person from reporting harassment or discrimination to OPHD or from participating in an OPHD process, such as threats, intimidation, harassment, discrimination and coercion.  Petty slights, minor annoyances, bad manners and trivial inconveniences are not considered retaliation. 

OPHD determines whether retaliation has occurred by investigating the alleged retaliatory act or conduct.  Included in that investigation is whether the person who engaged in the retaliation knew that a report of harassment or discrimination had been made to OPHD or that the person was involved in an OPHD process at the time the retaliatory conduct was alleged to have occurred.  

Additional information on retaliation:

UC Berkeley Does Not Tolerate Retaliation (downloadable PDF)