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Recent Updates & Employee Comment
List of Policy Revisions
Employee Comment: BFB-A-47 Direct Costing Procedures
The University invites comments on a proposed revision to Presidential Policy BFB-A-47: Direct Costing Procedures. The revised policy went through a technical review and revisions by the identified stakeholders: Campus’ Costing Policy Directors, Managers, and Analysts, the Extramural Fund Managers, and Campus Controllers. The technical revisions reflected the proposed changes: change in CAS policy regarding refunds and Rebates on P-card purchases to the definition of Applicable Credits and removal of Appendix I.
If you have any questions or if you wish to comment, please contact Robin Sanchez at rgsanchez@ucanr.edu, no later than June 17, 2022. Please indicate “Direct Costing Procedures Employee Comment” in the subject line.
Direct Costing Procedures Redline
Direct Costing Procedures Clean
Employee Comment: Presidential Policy on Abusive Conduct in the Workplace
The University of California Office of the President invites comments on the proposed Presidential Policy on Abusive Conduct in the Workplace. The proposed policy covers abusive conduct and retaliation in the workplace.
The proposed policy includes the following key provisions:
- The proposed policy affirms the University of California’s commitment to promoting and maintaining a healthy working and learning environment in which each individual is treated with respect.
- The “Frequently Asked Questions” section of the proposed policy contains examples of what falls under the definition of abusive conduct and conduct that does not generally constitute abusive conduct.
- The proposed policy prohibits retaliation against any person who, in good faith, reports abusive conduct, assists someone with a report of abusive conduct, or participates in an investigation or other process under the policy.
- The proposed policy addresses free speech and academic freedom. The proposed policy is intended to protect members of the University community from abusive conduct, not to regulate protected speech. The proposed policy recognizes that freedom of speech and academic freedom are essential to the mission of the University. However, freedom of speech and academic freedom are not limitless and do not protect speech or expressive conduct that violates University policies when interpreted in light of free speech or academic freedom, or that violates federal law or state law.
- The proposed policy outlines the consequences of noncompliance, which include remediation, educational efforts, and/or employment consequences including informal counseling, adverse performance evaluations, corrective action/discipline, and termination.
If you have any questions or if you wish to comment, please contact Robin Sanchez at rgsanchez@ucanr.edu, no later than June 1, 2022. Please indicate “Abusive Conduct Employee Comment” in the subject line.
Abusive Conduct Policy - Second Review Cover Letter
Draft Abusive Conduct Policy - Second Review Redline
Draft Abusive Conduct Policy - Second Review Clean
Employee Comment: Systemwide Review of Proposed Revisions to Academic Personnel Manual Sections 715, Leaves of Absence/Family and Medical Leave (APM - 715) and 760, Family Accommodations for Childbearing and Childrearing (APM - 760)
The University invites comments on proposed revisions to Sections 715 and 760 of the Academic Personnel Manual:
- APM - 715, Leaves of Absence/Family and Medical Leave
- APM - 760, Family Accommodations for Childbearing and Childrearing
Summarized below are the proposed key policy revisions that are being distributed for systemwide review.
- Proposed revisions are being made to APM - 715, Leaves of Absence/Family and Medical Leave, and APM - 760, Family Accommodations for Childbearing and Childrearing in order to reflect the increase in the paid family leave benefit from 70% to 100% of eligible earnings, with a proposed effective date of January 1, 2023. All other aspects of the policies will remain the same.
If you have any questions or if you wish to comment, please contact Robin Sanchez at rgsanchez@ucanr.edu, no later than July 18, 2022. Please indicate “APM-715/760 Employee Comment” in the subject
Employee Comment: Presidential Policy on the Implementation of Regents Policy 4405 Affiliations with Certain Healthcare Organizations
The University of California Office of the President invites comments on the Presidential Policy on the Implementation of Regents Policy 4405 Affiliations with Certain Healthcare Organizations. The policy was initially issued as an interim policy and addresses the following key issues:
- The policy supports the application of Regents Policy 4405 approved by the Board of Regents on July 22, 2021 to govern affiliation agreements between UC and healthcare organizations that have policy-based restrictions on care (each, a “covered organization”).
- This Policy unequivocally states UC’s expectations regarding care provided by its personnel and trainees in any setting and specifically requires that UC providers be permitted to counsel patients concerning all healthcare options, prescribe any medically necessary medications, refer patients to any appropriate facility for care that they cannot receive where they are being seen, and perform emergency services as they deem necessary.
- Agreements with a covered organization require certification of compliance with federal and state non-discrimination laws.
- New affiliations with covered organizations cannot be entered into unless they comply with the new policy, and any existing affiliations with covered organizations that do not comply with the new policy must be phased out no later than December 31, 2023.
If you have any questions or if you wish to comment, please contact Robin Sanchez at rgsanchez@ucanr.edu, no later than June 15, 2022. Please indicate “UCH Affiliations Employee Comment” in the subject line.
UCH Affiliations Policy Cover Letter
UCH Affiliations Interim Policy
Employee Comment: Second Systemwide Review Proposed Presidential Policy on UC Research Data
The University of California Office of the President invites comments on a proposed Presidential Policy on University of California Research Data. This is the second systemwide review for this Policy. The first review of the Presidential Policy on the University of California Research Data and Tangible Research Materials was initiated on December 17, 2020 and closed April 7, 2021.
Ownership of research data by the UC Regents is a long-standing precept originally articulated in Regulation 4 (Academic Personnel Manual 020), where it states “Notebooks and other original records of the research are the property of the University.” Regulation 4 was issued in 1958, and it is still in effect. The purpose of the new Presidential Policy on University of California Research Data is to 1) clarify ownership of and responsibility for research data generated during the course of University Research, 2) encourage active data management practices, and 3) provide guidance with respect to procedures when a researcher leaves the University.
If you have any questions or if you wish to comment, please contact Robin Sanchez at rgsanchez@ucanr.edu, no later than April 13, 2022. Please indicate “Research Data Policy Employee Comment” in the subject line.
Research Data Policy Cover Letter
Employee Comment: Supplement to Military Pay
The University of California Office of the President invites comments on proposed revisions to the Presidential Policy on Supplement to Military Pay. The proposed policy revisions include the following:
- Removal of all references to the four-year review provision.
- Additions/update of existing policy language including scope, definitions, benefits terminology, compliance/responsibility and procedures.
- Updated links and addition of gender neutral language throughout the policy.
If you have any questions or if you wish to comment, please contact Robin Sanchez at rgsanchez@ucanr.edu, no later than April 18, 2022. Please indicate “SMP Employee Comment” in the subject line.
Employee Comment: APM - 025, Conflict of Commitment and Outside Activities of Faculty Members
The University invites comments on proposed revisions to the following policy on conflict of commitment:
- APM - 025, Conflict of Commitment and Outside Activities of Faculty Members;
Summarized below are the proposed key policy revisions that are being distributed for systemwide review.
Key Policy Revisions
- Expand applicability of APM - 025 to cover designated other academic appointee titles. Ten designated other academic appointee titles have been identified that would be newly subject to designated prior approval and annual reporting requirements of APM - 025, if engaging in foreign activities, as described below. Reporting requirements that impact represented academic titles will be subject to the meet and confer process with the appropriate union(s). Designated other academic appointee titles that would be newly subject to the proposed policy revisions are:
Academic Administrator Series
Academic Coordinator Series
Agronomist Series
Astronomer Series
Coordinator of Public Programs Series
Professional Research Series
Project Scientist Series
Specialist Series
Specialist in Cooperative Extension Series
Postdoctoral Scholars
- Expand applicability of APM - 025 to cover appointments above 0%. The revised policy proposes to require faculty and designated other academic appointees, including recall appointees, subject to APM - 025 and appointed above 0%, to secure prior approval for and submit annual reports on participation in foreign activities, as described below.
- Establish subcategories in APM - 025 for domestic and foreign activities within Category I and Category II Outside Activities. The revised policy proposes the establishment of new subcategories I.A and II.A for domestic activities and new subcategories I.B and II.B for foreign activities. Faculty would be responsible for securing prior approval for participation in Category I.A, I.B, and II.B activities and for submitting annual reports on all Category I and Category II activities. Designated other academic appointees would be responsible for securing prior approval for participation in and submitting annual reports on Category I.B and II.B activities.
- Remove Appendices B, C, and D. The revised policies propose to delete Appendices B, C, and D, as all campuses use OATS for APM - 025 prior approval and annual reporting processes.
If you have any questions or if you wish to comment, please contact Robin Sanchez at rgsanchez@ucanr.edu, no later than February 08, 2022. Please indicate “APM-025 Employee Comment” in the subject line.
Employee Comment: Proposed Presidential Policy Abusive Conduct/Bullying in the Workplace
The University of California Office of the President invites comments on a proposed Presidential Policy on Abusive Conduct/Bullying in the Workplace. The proposed policy covers abusive conduct/bullying and retaliation by and against members of the University community in the workplace.
The proposed policy includes the following key provisions:
- The proposed policy affirms the University of California’s commitment to promoting and maintaining a healthy working and learning environment in which each individual is treated with civility and respect.
- The proposed policy identifies examples of abusive conduct/bullying, as well as examples of reasonable actions that do not constitute abusive conduct/bullying.
- The proposed policy prohibits retaliation against any person who, in good faith, reports abusive conduct/bullying, assists someone with a report of abusive conduct/bullying, or participates in an investigation or other process under the policy.
- The proposed policy addresses free speech and academic freedom. The proposed policy is intended to protect members of the University community from abusive conduct/bullying, not to regulate protected speech. The proposed policy recognizes that freedom of speech and academic freedom are not limitless and do not protect speech or expressive conduct that violates federal, State, or University policies.
- The proposed policy outlines the consequences of noncompliance, which include remediation, educational efforts, and/or employment consequences including informal counseling, adverse performance evaluations, corrective action/discipline, and termination.
If you have any questions or if you wish to comment, please contact Robin Sanchez at rgsanchez@ucanr.edu, no later than February 2, 2022. Please indicate “ACB Policy Employee Comment” in the subject line.
Draft policy is posted on UCnet
Employee Comment: Proposed Revised APM-759, Leaves of Absence/Other Leaves Without Pay
The University invites comments on proposed revisions to Section 759 of the Academic Personnel Manual:
- APM - 759, Leaves of Absence/Other Leaves Without Pay
In May 2021, the Regents Working Group on Innovation Transfer and Entrepreneurship (“Regents Working Group”) recommended in its final report that APM - 759 be revised to explicitly state that a leave without pay can be used for innovation and entrepreneurship pursuits. The proposed revisions to APM - 759 are responsive to the Regents Working Group recommendation.
The proposed revisions to APM - 759 are posted to the Academic Personnel and Programs website under the “Systemwide Review” tab.
If you have any questions or if you wish to comment, please contact Robin Sanchez at rgsanchez@ucanr.edu, no later than January 21, 2022. Please indicate “APM-759 Employee Comment” in the subject line.
Employee Comment: Proposed Presidential Policy on Integrated Pest Management
The University of California Office of the President invites comments on a proposed Presidential Policy on Integrated Pest Management (“IPM”). The policy is newly proposed to address the following key issues:
- The issuance of the Integrated Pest Management (“IPM”) Policy intends to establish the University of California’s requirements for the implementation of an IPM Program at every UC location as recommended by the UC Herbicide Task Force formed by former President Napolitano with support from the Regents, including:
- identification of local and systemwide oversight structures and responsibilities for the IPM Programs;
- creation and maintenance of a systemwide Pesticide Hazard Tiering System and a systemwide Pesticide Hazard Tier List;
- integration of a systemwide Pesticide Use Authorization software by every UC location;
- establishment of certification / licensing requirements for Pesticide Handlers, Applicators, and their supervisors.
- Exemptions to the policy include the use of pesticides in research, the use of antimicrobials for hygienic purposes (e.g., disinfecting sprays or wipes, pool treatments, and drinking water treatments), and the use of chemicals for the purpose of sterilizing medical products or equipment.
If you have any questions or if you wish to comment, please contact Robin Sanchez at rgsanchez@ucanr.edu, no later than January 07, 2022. Please indicate “IPM Policy” in the subject line.
Integrated Pest Management Cover Letter
Integrated Pest Management Draft
Employee Comment: Proposed revisions to Presidential Policy on Sustainable Practices
The University of California Office of the President invites comments on the proposed updates to the existing Presidential Policy on Sustainable Practices. The proposed revisions address the following key issues:
- Green Building Design: The updates to this policy section align with industry practice by providing an option for building design teams to further customize their use of energy efficiency performance targets for laboratory buildings. The updates also specify a reporting procedure for the existing policy requirement for energy-efficient new buildings.
- Climate Protection: First, this policy section is revised to add criteria addressing concerns around the quality of potential carbon offsets that locations may purchase to meet greenhouse gas emissions reduction goals. Historically, no constraints have been in place for the purchase of offsets. Second, consistent with the expanded, more comprehensive and inclusive mission of the Carbon Neutrality Initiative and in response to input from many faculty and students, campus climate action plans that have previously focused exclusively on emissions reductions will be required to also integrate environmental justice, adaptation and resilience. Third, in response to some confusion regarding whether the policy would allow locations to increase greenhouse gas emissions after meeting the 2020 emissions target, the revisions clarify that greenhouse gas emissions reductions should be maintained after the 2020 target date.
- Sustainable Transportation: Technological advances in zero emission vehicles and new State policy goals for zero emission vehicles led to a need and opportunity to update the fleet goals in this policy section. Secondly, changes in work and commuting patterns during the pandemic created an opportunity and need for campus sustainable transportation programs to promote telecommuting opportunities.
- Sustainable Water Systems: Updated the section to make it easier to read and removed expired dates and details that are already regulatory requirements.
- Sustainability at UC Health: Some health locations had not yet adopted waste and water reduction goals. All health locations will now have the same waste and water reduction goals
If you have any questions or if you wish to comment, please contact Robin Sanchez at rgsanchez@ucanr.edu, no later than December 10, 2021. Please indicate “Sustainable Practices Policy” in the subject line.
Systemwide Review of Proposed Presidential Policy on Sustainable Practices
Sustainable Practices Policy Redline
Sustainable Practices Policy Clean
Employee Comment: Revised Presidential Policy on Sexual Violence and Sexual Harassment
The University of California Office of the President invites comments on proposed revisions to the Presidential Policy on Sexual Violence and Sexual Harassment. The proposed revisions are to: (i) comply with a new state law, Senate Bill (SB) 493, and (ii) better account for Prohibited Conduct in the clinical setting.
Senate Bill 493. UC must comply with SB 493 by January 1, 2022. The legislation was authored by former Senator Jackson of Santa Barbara and sponsored by Equal Rights Advocates and the Women’s Foundation of California. It was motivated largely by concerns, which UC shares, about potential adverse effects of the U.S. Department of Education’s 2020 amendments to the federal Title IX regulations. UC policies and implementing frameworks already codify most of SB 493’s requirements. Some other requirements are met in practice but not currently written in policy. Implementing revisions to the SVSH Policy are therefore limited, and include:
- the addition of “sexual exploitation” as a form of Prohibited Conduct;
- limitations on UC’s use of no-contact orders that restrict a Complainant’s contact with a Respondent;
- a requirement that Confidential Resources inform a person who discloses Prohibited Conduct of their right to report to Title IX, and how to do so;
- the addition of clergy members and employees who report to CARE leadership to enumerated Confidential Resources;
- a statement that resolution processes under the SVSH Policy are not adversarial;
- a statement that the Title IX Officer will update parties periodically on the status of investigations;
- the addition of certain notice requirements when the Title IX Officer opens an investigation despite a complainant’s wishes;
- a statement that the Title IX Officer will consider whether systemic remedies are appropriate at the end of an investigation; and
- a requirement that locations notify volunteers and contractors who regularly interact with students of the SVSH Policy.
Clinical Setting-Related Changes. The University has dedicated significant effort and resources to the critical work of preventing, detecting and responding to Prohibited Conduct arising from the context of patient care. To further that work, certain proposed policy revisions are to better account for the clinical context. These revisions were reviewed last year by the President’s Working Group on SVSH in the Clinical Setting. They primarily include:
- a requirement that all Responsible Employees report possible Prohibited Conduct that occurs in the context of patient care. Employees with heightened reporting obligations under the current SVSH Policy—faculty, Human Resources and Academic Personnel administrators, police, managers and supervisors, and Title IX personnel—already have this obligation;
- modified definitions of Prohibited Conduct that apply when allegations arise in the context of patient care. These definitions are already in use via guidance the Systemwide Title IX Office issued in December 2019, and will now be in an appendix to the SVSH Policy;
- a provision that sexual assault during a clinical encounter is considered “aggravated,” along with use of force, violence or menace, deliberately causing or taking advantage of incapacitation, and misuse of complainant’s image. A determination that conduct is aggravated may affect the corrective action; and
- the addition of examples and of references to University policies and officials, regulations, and regulatory agencies relevant to the clinical setting.
If you have any questions or if you wish to comment, please contact Robin Sanchez at rgsanchez@ucanr.edu, no later than November 17, 2021. Please indicate “SVSH” in the subject line.
Employee Comment: Fee Policy for Graduate Student In Absentia Registration
The University of California Office of the President invites comments on a proposed Presidential Policy - Fee Policy for Graduate Student In Absentia Registration. The policy is proposed to be revised and includes the following key issues:
- The revisions to the policy language would permit Deans to establish “a local campus region within which in absentia registration will not be considered” instead of limiting eligibility to students studying outside of California.
If you have any questions or if you wish to comment, please contact Robin Sanchez at rgsanchez@ucanr.edu, no later than July 22, 2021. Please indicate “Grad-In Absentia Policy” in the subject line.
Fee Policy Graduate Student In Absentia Registration Cover Letter
Fee Policy Graduate Student In Absentia Registration Redline
Fee Policy Graduate Student In Absentia Registration Clean
Employee Comment: SARS-CoV-2 (COVID-19) Vaccination Program
The University of California Office of the President invites comments on a proposed Presidential Policy, SARS-CoV-2 (COVID-19) Vaccination Program. The Policy includes the following key issues:
- Encourages universal vaccination
- Requires students, faculty, academic appointees, and staff living, learning, or working on premises or participating in person in University programs receive a COVID-19 vaccine
- Provides for narrow exceptions and medical/disability exemptions
If you have any questions or if you wish to comment, please contact Robin Sanchez at rgsanchez@ucanr.edu, no later than May 25, 2021. Please indicate “COVID-19 Vaccination Program” in the subject line.
SARS-CoV-2 (COVID-19) Vaccination Program Cover Letter
SARS-CoV-2 (COVID-19) Vaccination Program Participation Policy 04.21.2021 Draft
Employee Comment: PPSM-2.210 Absence from Work – Pay for Family Care & Bonding Employee Consultation Period
The University of California is proposing revisions to PPSM-2.210 (Absence from Work), which applies to staff employees in the Professional & Support Staff, Managers & Senior Professionals, and Senior Management Group personnel groups.
PPSM-2.210 has been updated to include language that describes the new Pay for Family Care and Bonding option, which will be implemented on July 1, 2021. Please note that only the sections of the Absence from Work policy that were updated as part of this review are included.
If you have any questions or if you wish to comment, please contact Robin Sanchez at rgsanchez@ucanr.edu, no later than April 24, 2021. Please indicate “Absence from Work Policy” in the subject line.
Employee Consultation Cover Letter
Employee Comment: UC Health Participation in Activities under the End of Life Options Act
The University of California Office of the President invites comments on a proposed Presidential Policy UC Health Participation in Activities under the End of Life Option Act. The policy is proposed to be revised and includes the following key issues:
- The issuance of the Interim Presidential Policy: UC Health Participation in Activities under the End of Life Option Act in 2016, coincided with the issuance of the End of Life Option Act (California Health and Safety Code §443, et seq., referred to in this policy as the “Option Act”) which allows terminally ill adult patients with the mental capacity to make medical decisions to request to be prescribed and self-administer an aid-in-dying drug to end their life if specific conditions are
- The Option Act establishes specific procedures and requirements to be followed by patients and health care providers who choose to assist them. It also provides that, upon proper notice, a health care provider may “opt out”.
- UC Health has chosen not to opt out but acknowledges the rights of individual employees to refrain from participating in activities authorized under the Option
- It is the policy of the University of California to extend to its patients the choices made available through the Option Act and to comply with its The University, however, neither requires nor encourages any individual provider to participate. Participation in activities authorized under the Act is strictly voluntary.
If you have any questions or if you wish to comment, please contact Robin Sanchez at rgsanchez@ucanr.edu, no later than June 24, 2021. Please indicate “UC Health Option Act” in the subject line.
Health Option Act Cover Letter
Employee Comment: Native American Cultural Affiliation and Repatriation
The University of California Office of the President invites comments on a proposed Presidential Policy on Native American Cultural Affiliation and Repatriation. The proposed Policy substantively revises the existing Native American Cultural Affiliation and Repatriation Interim Policy (“Current Policy”). The Policy pertains to the treatment and repatriation of Native American and Native Hawaiian human remains and cultural items under the University’s possession or control and the University’s compliance with the federal Native American Graves Protection and Repatriation Act (“NAGPRA”), its accompanying regulations, and the California Native American Graves Protection and Repatriation Act (“CalNAGPRA”). This effort began in 2018 in response to AB 2836, a California bill that required the University to revise its previous Policy.
On July 24, 2020, President Napolitano issued the Policy as interim in order to allow tribes additional time for review due to the COVID-19 pandemic. At that time, the comment period was extended through November 15, 2020, with the intention that UC would issue a final updated Policy by December 31, 2020.
On September 29, 2020, AB 275 which made substantial changes to the CalNAGPRA was signed into law, effective January 1, 2021. The prevailing concern communicated by the responding tribes and the California Native American Heritage Commission (NAHC) during the extended comment period was that the Interim Policy did not reflect these new requirements. Respondents urged UC not to implement a final Policy by December 31, 2020, but rather to delay issuance and allocate additional time to ensure that AB 275 could be fully incorporated into the Policy. This revised Policy now incorporates AB 275 requirements.
Below is a list of the significant changes present in the proposed Policy from the Interim Policy:
- Definitions (§ II) have been added and revised where needed to align with CalNAGPRA.
- As required by CalNAGPRA, deference to tribal traditional knowledge, oral histories, documentation, and testimonies is now indicated when determining state cultural affiliation, identifying cultural items under CalNAGPRA, and making decisions related to the CalNAGPRA repatriation process (§§ V.C.1 and V.J.1).
- In consultation with California Native American tribes, Campuses must prepare preliminary inventories/summaries by January 1, 2022 for submission to the NAHC (§§ V.B.1.k, V.C.1, and V.C.5).
- The CalNAGPRA dispute procedures available to California Indian tribes have been added (§ V.I).
- The AB 275 procedures for submissions of claims under CalNAGPRA have been incorporated (§ V.D.3).
- The flowcharts and narrative previously described in Appendices A, A-1, and B of the Interim Policy have been removed. These documents were intended as visual aids in understanding the consultation, claims, repatriation, and appeals processes described in the Interim Policy rather than as a means of separately conveying policy requirements not described in the Interim Policy. However, as stated in the revised Policy (§§ III.C, V.B.1.i, V.B.2, V.D.1, V.D.3, V.I, V.J.3, and VI.1), UC will maintain these flowcharts on UCOP’s NAGPRA website. This will allow UC to make more responsive ongoing updates to the flowcharts to clarify these processes as they are more fully implemented, based on feedback from tribes, committee members, and UC repatriation staff.
Please visit http://ucal.us/nagpra for the complete revision history.
If you have any questions or if you wish to comment, please contact Robin Sanchez at rgsanchez@ucanr.edu, no later than May 26, 2021. Please indicate “Native American Cultural Affiliation and Repatriation” in the subject line.
Native American Cultural Affiliation and Repatriation Redline
Native American Cultural Affiliation and Repatriation Clean
Employee Comment: Classification of Gifts and Sponsored Awards
The University of California Office of the President invites comments on a proposed Presidential Policy on Classification of Gifts and Sponsored Awards.
The University has seen a significant increase in external support in the recent decade – especially from private foundations (including family foundations) and corporations. Though key concepts remain the same, the proposed policy provides greater clarity for properly classifying private support in contemporary circumstances. It also includes definitions, FAQs and a checklist with weighted criteria.
If you have any questions or if you wish to comment, please contact Robin Sanchez at rgsanchez@ucanr.edu, no later than May 26, 2021. Please indicate “Classification of Gifts and Sponsored Awards” in the subject line.
Classification of Gifts vs Sponsored Awards Cover Letter
Classification of Gifts and Sponsored Awards Policy Draft
Employee Comment: BFB-BUS-43 Purchases of Goods and Services; Supply Chain Management
The University of California Office of the President invites comments on a proposed revision to Presidential Policy UC-PS-20-0489-BUS-43 Purchases of Goods and Services; Supply Chain Management. The proposed revision is to include the Small Business First Program.
The Small Business (SB) First Program is designed to address the following:
- Support existing policy for awarding 25% Economically and Socially Responsible (EaSR) spend annually to small and diverse owned businesses (see UC Sustainable Practices Policy)
- Take advantage of California Public Contract Code Section 10508.5 that allows the University to award purchase agreements valued up to $250,000 to a certified small business without being competitively bid, so long as the UC obtains price quotations from two or more certified small businesses
- Bring procurement practices further in line with the University’s overall mission and values
- Strengthen the small business community, which is the engine of California’s economy, given that 99.8% of California’s businesses are small and employ 48.8% of California’s private workforce. For every $100 spent at a small business, approximately $68 stays in California
- Prepare UC to lead the way in California’s economic recovery from the COVID-19 pandemic and economic downturn. Statewide, as of November 25th 2020, the number of small businesses decreased by 30.7% compared to January. As the third largest employer in the State, UC supports 1 in 46 of all California jobs and contributes $32.8B annually to gross state product. Additional spend from UC could be the lifeline small businesses need to survive and thrive.
The SB First Program also includes the following:
- Exclusions for UC Health as well as Design & Construction
- Exemption for federally funded purchases
If you have any questions or if you wish to comment, please contact Robin Sanchez at rgsanchez@ucanr.edu, no later than April 15, 2021. Please indicate “BFB-BUS-43” in the subject line.
New Policy: Presidential Policy on Research Data and Tangible Research Materials
The University of California Office of the President invites comments on a proposed Presidential Policy on University of California Research Data and Tangible Research Materials. The policy is a new policy that describes the responsibilities of the campus leadership and its researchers concerning the access to, and retention and maintenance of Research Data and Tangible Research Materials produced during the course of University research. The policy addresses the following key issues:
- The policy affirms that the Regents of the University of California owns all Research Data and Tangible Research Materials.
- Research Data and Tangible Research Materials must be retained as long as required by funders, publishers, campus policy, compliance or regulatory bodies, applicable law, relevant agreements, and in accordance with the standards of the Principal Investigators’ scholarly disciplines.
- When Principal Investigators leave the University, Research Data and Tangible Research Materials remain the property of the Regents of the University of California, however, Principal Investigators may generally take copies of Research Data generated under their research projects.
If you have any questions or if you wish to comment, please contact Robin Sanchez at rgsanchez@ucanr.edu, no later than April 07, 2021. Please indicate “Research Data and Tangible Research Materials” in the subject line.
Research Data and Tangible Research Materials Cover Letter
Research Data and Tangible Research Materials Policy
Research Data and Tangible Research Materials Policy Points Considered
New Policy: Presidential Policy on Gender Recognition and Lived Name
A new Presidential Policy which ensures that all University-issued identification documents display personal identification information that recognizes individual’s accurate gender identity and lived name.
In brief, the policy stipulates that the University must provide the minimum three equally recognized gender options in university information systems — woman, man, and nonbinary — and an efficient process for current students, employees, and UC alumni and affiliates to retroactively amend their gender designations and lived names in information systems, on university-issued documents, including eligible academic documents.
This policy is effective as of November 6, 2020 with full implementation of the policy and procedures to be completed no later than December 31, 2023. This policy has undergone the full systemwide review process and will be posted online at http://policy.ucop.edu/.
Gender Recognition and Lived Name Letter
Gender Recognition and Lived Name Policy
Gender Recognition and Lived Name - Appendix I
Employee Comment: Proposed Presidential Policy, Business and Finance Bulletin, IS-12 IT Recovery
The University of California Office of the President invites comments on a proposed Presidential Policy Business and Finance Bulletin IS-12 IT Recovery. The rewritten policy addresses the following key issues:
- Updated to reflect modern technology (i.e. CD-ROMS are removed, ransomware and cloud computing are addressed).
- Aligned with the current state of emergency planning at UC.
- Narrowed the scope to IT Recovery.
- Adopted the concept of “recovery level already adopted by UC Health and their academic Locations.” There are 5 recovery levels.
- Granted Location control to manage budget and risk. See the accompanying presentation. Key features:
- Location defined scope.
- Location administered exception process.
- Iterative model of compliance to support a roadmap to desired state.
- Made the policy directly implementable.
- Included uniform requirements to support inter and intra Location dependencies.
- Ensured that responsibilities are clearly assigned.
- Addressed the key gaps identified by Business Continuity Planners and Risk Managers responsible for continuity and emergency planning.
The policy was written by a systemwide workgroup. The systemwide workgroup consisted of 14 cross-functional representatives from:
- ANR
- UC Berkeley
- UC Davis
- UC Davis Health
- UCLA
- UCLA Health
- UCOP
- UC Merced
- UCSF
- UC Santa Cruz
If you have any questions or if you wish to comment, please contact Robin Sanchez at rgsanchez@ucanr.edu, no later than March 05, 2021. Please indicate “Proposed Presidential Policy, Business and Finance Bulletin, IS-12 IT Recovery” in the subject line.
IS-12 IT Recovery Cover Letter
IS-12 IT Recovery New Features
IS-12 IT Recovery Draft Policy
Employee Comment: Native American Cultural Affiliation & Repatriation
The University of California Office of the President invites comments on a proposed Presidential Policy on Native American Cultural Affiliation and Repatriation. The proposed policy substantively revises the existing Policy and Procedures on Curation and Repatriation of Human Remains and Cultural Items (“Current Policy”). The policy pertains to the treatment and repatriation of Native American and Native Hawaiian human remains and cultural items under the University’s stewardship and the University’s compliance with the federal Native American Graves Protection and Repatriation Act (“NAGPRA”), its accompanying regulations, and the California Native American Graves Protection and Repatriation Act (“CalNAGPRA”).
California AB 2836 (enacted in 2018 and now incorporated into CalNAGPRA) requires the University to revise its Current Policy. In collaboration with the Cultural Affiliation and Repatriation Policy Advisory Workgroup (“Workgroup”)[1] established by Provost Michael Brown, UC developed Version 1 of this revised policy (“Policy Version 1”), which underwent systemwide review in August 2019. Policy Version 1 was also distributed to stakeholders across California for comment, including California Native American tribes on the Native American Heritage Commission (NAHC) contact list and the NAHC itself. With the Workgroup, UC drafted a second version of this revised policy (“Policy Version 2”) in response to the feedback from the Academic Senate, Native American tribes, and the NAHC. UC then engaged in further consultation with California Native American tribes by inviting them to attend four public work sessions on UC campuses (UC Berkeley, UC Riverside, UC Santa Barbara, and UC Davis) in January and February 2020. In addition, UC representatives met with tribes one-on-one as requested to hear individual concerns. UC deliberated with the Workgroup to discuss concerns raised during the public work sessions, the one-on-one meetings, and letters sent by tribes and the NAHC. In conjunction with the Workgroup, UC drafted “Policy Version 3,” which is now being considered for systemwide review. Please visit http://ucal.us/nagpra for more details.
Below is a list of the significant changes present in Policy Version 3 from the Current Policy.
- Creates a list of principles that emphasize the repatriation of Native American and Native Hawaiian human remains as a fundamental objective and value of the University.
- Reconstitutes the Systemwide Committee and Campus Committees, if necessary, to include equal Native American representation.
- Shifts final approvals of repatriation to the campus from UCOP to reduce delays in repatriation; the Systemwide Committee and UCOP will provide an oversight role and hear appeals of campus decisions.
- Provides a detailed description of the Repatriation process via a Flowchart and Flowchart Narrative.
- Provides a detailed description of the Consultation process all campuses must use when engaging with Native American tribes.
- Requires campuses with NAGPRA/CalNAGPRA-eligible Cultural Items to appoint a Repatriation Coordinator to work with and assist Native American tribes to facilitate Repatriation.
- Incorporates a process for disposition of Culturally Unidentifiable Human Remains and Cultural Items to either federally recognized tribes or non-federally recognized tribes (including California Indian Tribes) via NAGPRA (43 C.F.R. §10.11) and/or CalNAGPRA (Ca H&SC §§8010-30).
- Requires campuses create repatriation implementation plans including the following elements: invitations for consultation and proactive reevaluations of all previous determinations of culturally unidentifiable human remains or associated funerary objects; outreach to culturally affiliated tribes; outreach to controlling agencies to prompt and encourage their repatriation efforts; budgets; and timelines.
- Prohibits research, instruction, destructive analysis, and other manipulation without tribal approval requirements.
- Provides a more robust mechanism for tribes to appeal campus determinations.
- Provides a means for tribes to submit complaints about the consultation process or access.
- Provides direction for whistleblowers that would like to report noncompliance with this Policy.
[1] The Workgroup is comprised of four members nominated by the Academic Senate and four members nominated by the Native American Advisory Council, a body established by President Janet Napolitano to advise on a broad range of issues pertaining to Native Americans and Native Hawaiians at the University.
If you have any questions or if you wish to comment, please contact Robin Sanchez at rgsanchez@ucanr.edu, no later than June 24, 2020. Please indicate “Native American Cultural Affiliation and Repatriation” in the subject line.
Native American Cultural Affiliation and Repatriation Cover Letter
Native American Cultural Affiliation and Repatriation Annotated
Native American Cultural Affiliation and Repatriation Clean
Employee Comment: UC Seismic Safety Policy, UC-CR-17-0324
The University of California Office of the President invites comments on a proposed Presidential Policy, UC Seismic Safety Policy, UC-CR-17-0324. The policy is proposed to be revised and includes the following key issues:
- Policy implementation procedures are moved from the Policy and published to the UCOP website within the UC Facilities Manual. The UC Facilities Manual is a repository for information and procedures related to UC Capital Programs practices.
- Technical seismic engineering standards are updated to reflect current California Building Code and industry standards, and where applicable, specification of technical seismic engineering standards are moved from the Policy to the UC Facilities Manual.
Policy requirements are clarified, and sections of the Policy Text are re-organized into a more logical sequence for clarity.
If you have any questions or if you wish to comment, please contact Robin Sanchez at rgsanchez@ucanr.edu, no later than July 20, 2020. Please indicate “UC Seismic Safety Policy” in the subject line.
UC Seismic Safety Policy Cover Letter
UC Seismic Safety Policy Redline
UC Seismic Safety Policy Clean
Employee Comment: Protection of Human Subjects in Research
The University of California invites comments on proposed revisions to Presidential Policy on Protection of Human Subjects in Research.
This policy describes the responsibiliti