- Author: John Fox
On Aug. 14, 2020, the University of California issued a revised Sexual Violence and Sexual Harassment (SVSH) Policy. The revision was required to comply with Title IX regulations issued by the U.S. Department of Education (DOE), which became effective on the same date. This letter summarizes the major policy changes.
Much of the prior SVSH Policy remains unchanged. The same conduct that was prohibited by the policy prior to August 14 is still prohibited. A subset of this conduct is now covered by the DOE regulations. This includes sexual assault, relationship violence, stalking and some conduct that constitutes sexual harassment if the person who experienced the conduct was in the United States at the time the conduct occurred and when the conduct occurred on University property or in the context of a University program or activity. The SVSH policy contains definitions that further explain these terms.
If any of the conduct is covered by the DOE regulations and the process could result in discipline, the University must address the conduct through a process that is required by the regulations (referred to in the policy as the “DOE Grievance Process”). All other conduct will continue to be addressed by the processes that existed prior to August 14, 2020.
For investigated cases that are covered by the DOE Grievance Process, the University must provide a hearing following the investigation. This hearing must take place before a decision is made about whether the accused (known as the “respondent” under the SVSH Policy) violated the policy. A hearing must be provided in cases where the respondent is a student or an employee. At the hearing, the parties have the right to have their advisor ask the party's questions of the other party and witnesses. If a party does not have an advisor, the University will make a person available who will ask questions on behalf of that party. After the hearing, there is a right to appeal the Hearing Officer's determination.
For investigated cases that are not covered by the DOE Grievance Process that involve employee respondents, there is no hearing or appeal under the SVSH Policy. Employees retain all rights to hearings and appeals that are available under the relevant grievance procedures.
The regulations are complex and, as a result, the SVSH Policy is also complex. The description above is just a summary to inform the ANR community of the major changes. The University has developed initial FAQs that are available here. As we receive additional questions, the FAQs will be updated.
If you have questions about how the policy might be applied to a particular incident or you have other questions that are not answered by the FAQs, please contact John Fox, interim Title IX Officer for UC ANR, at jsafox@ucanr.edu.
UC Agriculture and Natural Resources is committed to creating and maintaining a community where all individuals who are employed or participate in University programs and activities can work and learn together in an atmosphere free of violence, harassment, discrimination, exploitation or intimidation.
Our commitment includes complying with Title IX, which prohibits discrimination on the basis of sex in education programs or activities operated by recipients of federal financial assistance. Sexual harassment and sexual violence are forms of sex discrimination prohibited by Title IX.
To fulfill its obligations under Title IX and other related state and federal laws, including the Violence Against Women Reauthorization Act (VAWA), which amended the Clery Act, effective January 1, 2016, the University implemented an updated Sexual Violence and Sexual Harassment Policy. The updated policy outlines the University's procedures for responding promptly and effectively to reports of prohibited conduct such as sexual harassment and sexual violence, which includes sexual assault, dating violence, domestic violence, stalking and gender-based harassment. The policy prohibits retaliation against a person for the good-faith reporting of any of these forms of conduct or participating in any related investigation or proceeding. The University of California systemwide Policy on Sexual Violence and Sexual Harassment is available online at http://policy.ucop.edu/doc/4000385/SVSH.
UC ANR's local procedures have been added to the Administrative Handbook and are available at http://ucanr.edu/sites/anrstaff/files/255148.pdf on page 5. The procedures for reporting incidents are also located on UC ANR's Discrimination and Sexual Violence Prevention website under Reporting Sexual Violence and Sexual Harassment.
To further support the UC ANR community, UC ANR recently expanded its resources by adding the UC Davis Center for Advocacy Resources and Education (CARE). CARE is the Advocacy Office for Sexual and Gender-based Violence and Sexual Misconduct, and it serves as a confidential resource for UC ANR staff and academics, as well as students, who have experienced any form of sexual violence, including sexual assault, sexual harassment, domestic/dating violence and stalking. CARE provides 24/7 emergency response, crisis intervention and support services for survivors.
All UC employees (except those specifically identified and designated as confidential employees) are required to notify the Title IX Officer if they receive information from a student about a possible incident of sexual violence or sexual harassment. CARE and the UC Davis Academic and Staff Assistance Program (ASAP) can offer confidential consultations without reporting the incident to the Title IX Officer.
Any member of the UC ANR community may report conduct that may constitute sexual violence, sexual harassment, retaliation and other prohibited behavior by contacting the UC ANR Title IX Officer, John Sims, or another Responsible Employee. A Responsible Employee in UC ANR who receives a report alleging sexual violence or sexual harassment must promptly notify the UC ANR Title IX Officer even if the individual making the report requests that no action be taken. Responsible Employees include academic appointees, all personnel of the UC ANR Human Resources Office, and directors, managers and supervisors.
Anyone who is aware of an act or acts of violence can anonymously report the incident by reporting the incident to The UC Whistleblower hotline at http://www.ucop.edu/uc-whistleblower or (800) 403-4744.
The University will respond promptly and effectively to any report of harassment and discrimination and will take appropriate action to prevent, correct and, when necessary, discipline behavior that violates University policy.
Creating an atmosphere free of violence, harassment and discrimination for everyone to work and learn is a responsibility that we all share. Thank you for helping maintain a safe and comfortable community for UC ANR members and stakeholders.
For more information, please visit UC ANR's Discrimination and Sexual Violence Prevention website at http://ucanr.edu/sites/DiscriminationSexual_Violence.
A revised version of UC policy APM – 015 (The Faculty Code of Conduct) and APM - 016 (University Policy on Faculty Conduct and the Administration of Discipline) will become effective on July 1, 2017. Changes in policy include improving prevention of and response to sexual violence and sexual harassment. Academics should read the revised policy sections posted at http://www.ucop.edu/academic-personnel-programs/academic-personnel-policy/policy-issuances-and-guidelines/revised-apm-015-and-016.html.
In her issuance letter, Aimee Dorr, UC provost and executive vice president for academic affairs, provides background and summarizes the policy changes. See http://www.ucop.edu/academic-personnel-programs/academic-personnel-policy/policy-issuances-and-guidelines/revised-apm-015-and-016.html.
Marked up copies showing edits to the policy language are available at http://ucop.edu/academic-personnel-programs/academic-personnel-policy/policies-under-review/apm-015-016.html.
UC Agriculture and Natural Resources is committed to creating and maintaining a community where all individuals who are employed or participate in University programs and activities can work and learn together in an atmosphere free of violence, harassment, discrimination, exploitation or intimidation.
Our commitment includes complying with Title IX, which prohibits discrimination on the basis of sex in education programs or activities operated by recipients of federal financial assistance. Sexual harassment and sexual violence are forms of sex discrimination prohibited by Title IX.
To fulfill its obligations under Title IX and other related state and federal laws, including the Violence Against Women Reauthorization Act (VAWA), which amended the Clery Act, effective January 1, 2016, the University implemented an updated Sexual Violence and Sexual Harassment Policy. The updated policy outlines the University's procedures for responding promptly and effectively to reports of prohibited conduct such as sexual harassment and sexual violence, which includes sexual assault, dating violence, domestic violence, stalking and gender-based harassment. The policy prohibits retaliation against a person for the good-faith reporting of any of these forms of conduct or participating in any related investigation or proceeding. The University of California systemwide Policy on Sexual Violence and Sexual Harassment is available online at http://policy.ucop.edu/doc/4000385/SVSH.
UC ANR's local procedures have been added to the Administrative Handbook and are available at http://ucanr.edu/sites/anrstaff/files/255148.pdf on page 5. The procedures for reporting incidents are also located on UC ANR's Discrimination and Sexual Violence Prevention website under Reporting Sexual Violence and Sexual Harassment.
To further support the UC ANR community, we recently expanded our resources by adding the UC Davis Center for Advocacy Resources and Education(CARE). CARE is the Advocacy Office for Sexual and Gender-based Violence and Sexual Misconduct, and it serves as a confidential resource for UC ANR staff and academics, as well as students, who have experienced any form of sexual violence, including sexual assault, sexual harassment, domestic/dating violence and stalking. CARE provides 24/7 emergency response, crisis intervention and support services for survivors.
All UC employees (except those specifically identified and designated as confidential employees) are required to notify the Title IX Officer if they receive information from a student about a possible incident of sexual violence or sexual harassment. CARE and the UC Davis Academic and Staff Assistance Program (ASAP) can offer confidential consultations without reporting the incident to the Title IX Officer.
Any member of the UC ANR community may report conduct that may constitute sexual violence, sexual harassment, retaliation and other prohibited behavior by contacting the UC ANR Title IX Officer, John Sims, or another Responsible Employee. A Responsible Employee in UC ANR who receives a report alleging sexual violence or sexual harassment must promptly notify the UC ANR Title IX Officer even if the individual making the report requests that no action be taken. Responsible Employees include academic appointees, all personnel of the UC ANR Human Resources Office and directors, managers and supervisors.
Anyone who is aware of an act or acts of violence can anonymously report the incident by reporting the incident to The UC Whistleblower hotline at http://www.ucop.edu/uc-whistleblower or (800) 403-4744.
The University will respond promptly and effectively to any report of harassment and discrimination and will take appropriate action to prevent, correct and, when necessary, discipline behavior that violates University policy.
Creating an atmosphere free of violence, harassment and discrimination for everyone to work and learn is a responsibility that we all share. Thank you for helping maintain a safe and comfortable community for UC ANR members and stakeholders.
For more information, please visit UC ANR's Discrimination and Sexual Violence Prevention website at http://ucanr.edu/sites/DiscriminationSexual_Violence.
Colleagues,
On January 29, ANR VP Humiston announced revisions to the UC Policy on Sexual Violence and Sexual Harassment and a new training requirement for UC employees. The training for non-supervisory employees is now available through the Learning Management System. The course should take about 50 minutes to complete.
For ANR employees paid through UC Davis payroll, technical difficulties delayed UC Davis' planned February launch of this training. As a result, the deadline for completion has been extended to May 9.
If you are required to take the course, you should have received an email message from sdps@ucdavis.edu with the subject line: UC Sexual Violence and Sexual Harassment Prevention Training for Non-Supervisors assigned to [your name]. The message includes hyperlinks and instructions to complete the requirement. Please look for the announcement and complete the training.
If you didn't receive the email from sdps@ucdavis.edu, and you are not a supervisor or an academic, please send a message to ANRstaffpersonnel@ucanr.edu.
If you supervise other ANR employees, please talk to your employees and make sure they are aware of this requirement.
This is a new training for staff who do not have supervisory responsibilities. “Non-supervisors” will be required to take this training annually.
We understand some employees may not be able to fulfill the training requirement through the Learning Management System, due to language, limited Internet/computer access, or other legitimate reasons. If you or an employee who reports to you is unable to complete the training online, notify HR immediately by emailing ANRstaffpersonnel@ucanr.edu.
Thank you for your cooperation in fulfilling this important training requirement, and for your part in preventing and responding to sexual violence and sexual harassment.
John Fox
Executive Director, Human Resources
