- Author: Pamela Kan-Rice
In July 2020, the State Department implemented a policy update that requires Chinese diplomats and government officials temporarily visiting the U.S. to provide advance notification to the Department's Office of Foreign Missions when visiting U.S. universities or research institutions.
The State Department would like UC's assistance in communicating the existence of this policy to relevant university offices and stakeholders to raise awareness.
“The requirement is the visitor's, not ours, to register with the State Department, but it is important that we are aware of this policy,” said Kathy Nolan, director of Contracts and Grants and export control officer.
See the State Department's documents “Visits by Chinese Government Officials to State and Local Governments in the United States,” “Visits by Chinese Government Officials to Research Facilities in the United States,” “Visits by Chinese Government Officials to Educational Institutions in the United States,” and “Designation and Determination Pursuant to the Foreign Missions Act” in the Federal Register.
If you have questions, please contact Nolan at knolan@ucanr.edu or (530) 447-0801 Ext. 1402.
- Author: Rachel Lloyd
The University urgently invites comments on the U.S. Department of Education's proposed amendments to the Title IX regulations issued by the May 2020 administration, as published last week.
The regulations primarily address how schools must respond to sex-based harassment, including sexual violence. However, as the Department of Education proposes amending them, they would also explicitly prohibit other forms of discrimination based on sex stereotypes, sex characteristics, sexual orientation, gender identity, and pregnancy or related conditions, and enhance protections based on pregnancy or parenting status.
The rules address topics of great significance to the UC community, and it is critical that the Office of the President provide comments.
To ensure those comments are informed by the views of the UC community, we encourage you to submit your input to the Systemwide Title IX Office directly via an online survey at https://survey.alchemer.com/collab/6922132/2022-Title-IX-Regulations-Stakeholder-Survey. Please comment no later than July 13, 2022. The section numbers in the survey align with the section numbers in the proposed rules.
The new Title IX rules are posted at https://www2.ed.gov/about/offices/list/ocr/docs/t9nprm.pdf.
- Author: Pamela Kan-Rice
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.
The proposed policy is posted at https://ucanr.edu/sites/anrstaff/Administration/Business_Operations/Controller/Administrative_Policies_-_Business_Contracts/Policy_and_administrative_handbooks/ANR_Administrative_Handbook/Recent_Updates.
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.
- Author: Pamela Kan-Rice
The UC 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.
The proposed policy is posted here: https://ucanr.edu/sites/anrstaff/Administration/Business_Operations/Controller/Administrative_Policies_-_Business_Contracts/Policy_and_administrative_handbooks/ANR_Administrative_Handbook/Recent_Updates/
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.
- Author: Pamela Kan-Rice
UC 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 own 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.
The proposed policy is posted at https://ucanr.edu/sites/anrstaff/Administration/Business_Operations/Controller/Administrative_Policies_-_Business_Contracts/Policy_and_administrative_handbooks/ANR_Administrative_Handbook/Recent_Updates/
If you have any questions or if you wish to comment, please contact Robin Sanchez at rgsanchez@ucanr.edu, no later than April 7, 2021. Please indicate “Research Data and Tangible Research Materials” in the subject line.