Sexual Harassment Prevention Training
The UC Office of the General Counsel provided a definition of supervisor as any individual with the authority "to hire, transfer, suspend, layoff, recall promote, discharge, assign, reward or discipline other employees, or the responsibility to direct them, or to adjust grievances or effectively to recommend that action..." (Fair Employment and Housing Act, Government Code Section 12926 (R).)
ALL faculty are required by law to undergo this training, since they supervise students in honors thesis, MA thesis, or doctoral thesis preparation and/or supervise GSIs, GSR's, and/or Readers. All academic administrators, such as provosts, deans, department chairs, principal investigators, and researchers who supervise staff, student(s), or academic employees such as Graduate Student Instructors, researchers, course assistants, or tutors, would fall within the definition and be subject to the mandatory training requirement.
University officials (supervisors and faculty) are charged by state and federal laws and UC policy to provide a learning and/or work environment that is free of harassment, and to assist those who report harassing conduct to them. University officials are required under UCB policy to seek guidance from the Director of the Office for the Prevention of Harassment and Discrimination/Title IX Officer, Denise Oldham, (firstname.lastname@example.org) before responding to reports of harassment that come to his/her attention.
Effective January 2005, supervisors are required under California law AB 1825 to have two hours of sexual harassment prevention training every two years. Each new faculty member and/or supervisor, including new hires and promoted employees, must be trained within the first six months that they assume supervisory responsibilities.
The UC Office of the President, UC Learning Center Office, will issue individual e-mails with a personalized link to the education course.
Do not be concerned if you have not received your personalized link yet; UCOP has developed a "staggered" roll-out. The first group received links in July; the second group will receive links in September; a third group will receive links in October-November. If you have questions about or problems accessing the UCOP online program, about the Sexual Harassment Prevention On-Line Course, inquiries should be directed email@example.com. If you have questions that are not answered above, you may contact the following individuals:
HR Policy: firstname.lastname@example.org
AP Policy: email@example.com
UC Berkeley's Learning Center: firstname.lastname@example.org
I experienced nothing but problems with the last on-line program. Has anything been done to improve the process?
The UC Office of the President has developed a completely new online program that will offer a fresh format and improved content substance. Additionally the office has worked to address and improve the systems management problems experienced by many in the last training cycle.
If you have been a victim of any form of sexual assault, it is important that you seek help immediately. The campus has provided a number of ways for you to get assistance via the Survivor Support Handout.
Sexual assault can be both a criminal offense as well as a violation of the Berkeley Campus Code of Student Conduct. A student alleged to have engaged in a sexual assault can be prosecuted under California criminal statutes, and/or disciplined under the Campus Code of Student Conduct. A student found responsible for committing a sexual assault under the Code is subject to dismissal by the University. A student found guilty of sexual assault under the criminal justice system is subject to a prison sentence. If you have been accused of, or charged with, the crime of sexual assault, seek advice and assistance from a competent legal representative. If you have been charged with a violation of the Berkeley Campus Code of Student Conduct, you will be contacted by a Conduct Officer at the Center for Student Conduct and Community Standards 643-9069 (24 Hour Voicemail) who will explain the procedures, and your rights and options. If you are accused of violating the Campus Code of Student Conduct, you may seek legal representation, and/or the advice and assistance of the following campus resources:
- ASUC Student Advocate's Office, 204 Eshleman, 642-6912 (24 Hour Voicemail)
- Path to Care Center care.berkeley.edu.
- Complainant SVSH Resources https://svsh.berkeley.edu/resources/support-survivors
- Student Legal Services, 102 Sproul Hall, 643-5010 (24 Hour Voicemail)
- Ombudsman for Students and Postdocs, 642-5754 (24 Hour Voicemail)
- Respondent Services - Student Affairs Case Management, (510) 664-4250 or email@example.com
Please note that the Berkeley Campus Code of Student Conduct provides for several procedural safeguards in the resolution of charges against you. Under the Code,
- You are presumed innocent until proven responsible and the University has the burden of proving the charges against you.
- If you are accused of sexual misconduct, you are entitled to due process and must be given notice of, and a full opportunity to respond to, the allegations made against you.
- You have the right to have a nonparticipating advisor/observer present during the proceedings.
- If disciplinary action is imposed, you may appeal that determination to the Vice Chancellor of Student Affairs, or his or her designate.
In addition, you may wish to use the Counseling Services, at the Tang Center, 642-9494 (8 a.m. - 5 p.m.). This unit provides confidential counseling and assistance and works to address the emotional needs of students accused of sexual assault.
If a complaint is filed through the Student Conduct Process by a student, the University has an obligation to review the matter in part to (a) determine if there is a preponderance of evidence to demonstrate a violation of the Code of Student Conduct has occurred, and (b) ensure that the campus community can continue to work in an environment free from any form of harassment, intimidation or violence. This is an administrative and not a legal procedure.
If a student chooses to file a complaint through the police department (either campus or city police, depending upon the location of the incident), s/he is entering into a criminal procedure under the California Penal Code. The standard of evidence necessary to move a case forward in prosecution is "beyond a reasonable doubt." This is a criminal procedure.
A student can pursue both a campus administrative complaint process as well as a criminal process through the police.
The University of California Police Department (UCPD) assists students who report being sexually assaulted in receiving medical treatment and reporting the incident. The department will investigate any criminal acts and seek prosecution, if desired, if the incident occurred on campus or University property. If the incident of sexual assault did not occur within UCPD jurisdiction, the department will assist by contacting the appropriate agency.
When a student reports being sexually assault, she or he needs to receive medical attention immediately. If contact is made with UCPD, an officer will escort the student who reports being sexually assaulted to the hospital for medical assistance and collection of evidence. The student may specifically request a male or female officer if one is available. The University Health Services is not designated as a medical evidence collection site. The UCPD will provide assistance even if students who report a sexual assault prefer not to seek criminal prosecution.
Physical evidence for a criminal prosecution will not be collected without a report being made to the police. With police authorization, the state will assume the cost of the medical exam. Students who report being sexually assaulted should not bathe, shower, brush teeth, douche, change clothes, or use the toilet, so that important physical evidence can be preserved. A student who reports a sexual assault should be advised to bring a complete change of clothes to the hospital.
UCPD will proceed only to the extent the student who reports being sexually assaulted wishes. It is not necessary to prosecute the case through the criminal process if the student who reports being sexually assaulted does not want to. If the assailant is a student, UCPD will assist the student conduct process, if desired, in conjunction with the criminal process or independent of it.
- With the consent of the student who reports being sexually assaulted a full police report will be taken by a Campus Police Officer who accompanies the student to the hospital. At the request of the student who reports being sexually assaulted a friend, family member, or other designated person may be present.
- The officer will accompany the student who reports a sexual assault to the hospital. The officer will advise the student regarding hospital procedures and the availability of assistance through University Health Services.
- A Campus Police Detective shall be assigned to further investigate the criminal allegations and explain the legal process to the student who reports a sexual assault. The Detective will present a completed written investigation to the District Attorney's office for review and filing of criminal charges.
- The Police Department will notify appropriate campus administrators. This notification is confidential. All campus departments must make notification of receipt of reports of sexual assault, but these notifications do not necessarily include identifying information about the students who report being sexually assaulted.
UCPD does not release additional information about the case without the consent of the students who report being sexually asaulted. The student who reports a sexual assault has the right to request that her or his name and specific identifying information not be released, including through the court process to the extent allowed by law. The University follows established policies on disclosure of public information. Policies on release of information balance confidentiality for the student who reports being sexually asaulted, with the public's "right to know." Maintaining confidentiality for students who report sexual assault is a priority in cases of this nature. Certainly, if there is a likelihood that an incident could recur or that the perpetrator is at large and likely to commit a similar crime, the campus has an obligation to alert other members of the community. Any release of information about a crime of this nature will not include personally identifying information about a student who reports a sexual assault.
The following alphabetical listing describes additional campus units providing services regarding incidents of sexual assault.
ASUC STUDENT ADVOCATE’S OFFICE
412B ESHLEMAN HALL
E-MAIL ADDRESS: HELP@BERKELEYSAO.ORG
The ASUC Student Advocate's Office provides confidential assistance to students who have been accused of and students who are seeking resources for reporting a case of sexual assault or sexual violence. Advocates work to ensure that a student's rights are upheld throughout the Student Conduct investigation and hearing process to reach a just and appropriate resolution. Additionally, the student-run office provides free, confidential advice and representation to students who experience issues or conflicts within the university, ranging from discrimination to academic concerns. If you would like advice or to work with a caseworker, please contact SAO at (510) 642-6912 or firstname.lastname@example.org. Additionally, the SAO office welcomes drop-ins at 412B Eshleman, from 10 a.m. to 5 p.m. Mondays through Fridays.
OMBUDSMAN FOR STUDENTS AND POSTDOCTORAL APPOINTEES
CONTACT BY TELEPHONE
The Ombudsman for Students and Post-Doctoral Appointees provides a confidential service for students involved in a University-related problem, acting as a neutral complaint resolver and not as an advocate for any of the parties involved in a dispute. The Ombudsman can provide information on policies and procedures affecting students, facilitate students' contact with services able to assist in resolving the problem, and assist students in complaints concerning improper application of University policies or procedures.
Resources include referrals to local physicians, Highland Hospital, community resources such as Bay Area Women Against Rape, Family Violence Law Center, and local law enforcement authorities, such as the Berkeley and Oakland City Police Departments.
Student Affairs Case Management Office
E-MAIL ADDRESS: email@example.com
Respondent Services, a service provided by Student Affairs Case Management, offers resources, information, and referrals to students who are responding to allegations of sexual violence or sexual harassment, and those who have been charged with violating the Code of Student Conduct and face suspension or dismissal from the university. The goal of this service is to ensure that students who are engaged in the conduct process are informed of campus resources and receive assistance with the coordination of services and referrals
STUDENT LEGAL SERVICES
102 SPROUL HALL
The Attorney for Students serves as a counseling attorney who provides information on criminal laws, advice on whether to seek legal counsel, assistance for students who wish to defend themselves, and information on where to go for legal assistance. He does not represent students in legal proceedings.