University Policies on Nondiscrimination and Sexual Harassment
The University of California, in accordance with applicable federal and state laws and university policies, does not discriminate on the basis of race, color, national origin, religion, sex, gender identity, pregnancy (including pregnancy, childbirth, and medical conditions related to pregnancy or childbirth), physical or mental disability, medical condition (cancer related or genetic characteristics), ancestry, marital status, age, sexual orientation, citizenship, or service in the uniformed services (including membership, application for membership, performance of service, application for service, or obligation for service in the uniformed services). The university also prohibits sexual harassment. This nondiscrimination policy covers admission, access, and treatment in university programs and activities.
Discrimination or Harassment
If students have questions about student-related nondiscrimination policies or concerns about possible discrimination or harassment, they should contact the Office for the Prevention of Harassment and Discrimination (OPHD) at (858) 534-8298, email@example.com or reportbias.ucsd.edu. Students are encouraged to seek assistance as soon as possible, as time limits may apply to complaint resolution processes.
Campus policies provide for a prompt and effective response to student complaints. This response may include early resolution procedures or formal investigation. Students will be informed about complaint resolution options.
Harassment in general
Sexual, racial, and other forms of harassment are defined as follows: Harassment is defined as conduct that is so severe and/or pervasive, and objectively offensive, and that so substantially impairs a person’s access to university programs or activities, that the person is effectively denied equal access to the university’s resources and opportunities on the basis of an individual’s race, color, national or ethnic origin, alienage, sex, religion, age, sexual orientation, gender identity, marital status, veteran status, physical or mental disability, or perceived membership in any of these classifications. See University of California Policy section 102.09, Policy on Conduct and Discipline (revised May 2012), at http://policy.ucop.edu/doc/2710530/PACAOS-100. Pursuant to University of California Policy section 104.90, sanctions may be enhanced for conduct motivated on the basis of the above classifications.
UC San Diego is committed to creating and maintaining a community where all persons who participate in UC San Diego programs and activities can work and learn together in an atmosphere free of all forms of harassment, exploitation, or intimidation. Every member of the UC San Diego community should be aware that UC San Diego is strongly opposed to sexual harassment and that such behavior is prohibited both by law and UC San Diego policy. Retaliation against a person who brings a complaint of sexual harassment is also strictly prohibited and may result in separate disciplinary action. UC San Diego will respond promptly and effectively to reports of sexual harassment and will take appropriate action to prevent, correct, and if necessary, discipline behavior that violates this policy.
Laws and University Policies Prohibiting Sexual Harassment
The University of California Policy on Sexual Harassment applies to UC San Diego, including the medical centers and all auxiliary university locations. The California Fair Employment and Housing Act and Title VII of the Federal Civil Rights Act of 1964, as amended, prohibit sexual harassment in employment. Title IX of the Education Amendments of 1972 prohibits sexual harassment in educational institutions that are recipients of federal funds.
When employed by the University of California, and acting within the course and scope of that employment, students are subject to the University of California Policy on Sexual Harassment. Otherwise, University of California Policy section 102.09, above, is the applicable standard for harassment by students.
In determining whether the reported conduct constitutes sexual harassment, consideration shall be given to the record of the conduct as a whole and to the totality of the circumstances, including the context in which the conduct occurred.
Sexual harassment does not typically include verbal expression or written material that is relevant and appropriately related to course subject matter or curriculum, or expression that is protected by the First Amendment. This policy is intended to protect members of the UC San Diego community from discrimination, not to regulate protected speech. For additional information about the First Amendment, visit freespeech.ucsd.edu or http://students.ucsd.edu/student-life/involvement/expression/index.html.
Sexual harassment may occur between persons of differing power or between peers. In addition, sexual harassment may involve a female harassing a male, or a male or female harassing a person of the same gender. Harassment that is not sexual in nature but is based on gender, gender identity, sex stereotyping, or sexual orientation also is prohibited if it is sufficiently severe to deny or limit a person’s ability to participate in or benefit from UC San Diego educational programs, employment, or services. In determining whether a hostile environment due to sexual harassment exists, UC San Diego may take into account acts of discrimination based on gender, gender identity or expression, sex stereotyping, or sexual orientation.
UC San Diego’s Policy on Conflicts of Interest Arising out of Consensual Relationships addresses potential ethical and legal issues that arise when individuals develop romantic or sexual relationships. In addition, the UC Regents have approved a systemwide faculty-student relationship policy that prohibits a faculty member from becoming romantically or sexually involved with students for whom the faculty member has or should expect to have supervisory responsibility: http://adminrecords.ucsd.edu/ppm/docs/200-11.pdf.
Prevention and Education
To implement UC San Diego’s nondiscrimination policies, the Office for the Prevention of Harassment and Discrimination (OPHD) provides assistance in investigating and resolving complaints and provides education to the entire UC San Diego community. Emphasis is on prevention and early resolution. Copies of UC San Diego’s policy and procedures may be obtained at OPHD at 201 University Center or http://ophd.ucsd.edu.
Under California state law, large employers are required to provide their supervisors with two hours of sexual harassment prevention training every two years. At the University of California, for the purpose of sexual harassment prevention training, supervisors include all faculty.
UC San Diego has established guidelines for resolving all types of discrimination and harassment complaints. There are several early resolution options, depending on the circumstances, including educational programs for targeted campus units or for particular individuals, and mediation between the parties. Where early resolution is unsuccessful or inappropriate, a formal complaint may be filed and a formal investigation undertaken. There is no prescribed sequence, so choosing one option first does not prevent a complainant from choosing a different option for resolution later on.
Because complaints are most effectively resolved at the earliest possible stage, UC San Diego encourages early reporting of concerns or complaints regarding harassment. If you believe you have been harassed, you are encouraged to discuss your options and to learn about UC San Diego procedures by contacting OPHD at (858) 534-8298 or visiting its website at http://ophd.ucsd.edu. You may obtain advice without filing a complaint. Unreasonable delay in reporting harassment or failure to utilize UC San Diego’s complaint resolution procedures may affect your legal rights.
A number of governmental agencies also accept complaints of discrimination and harassment, including the California Department of Fair Employment and Housing; the US Equal Employment Opportunity Commission; and the Office for Civil Rights, US Department of Education.
Threats, other forms of intimidation, and retaliation against a faculty member, student, or staff employee for bringing a complaint of harassment or for assisting another in bringing a complaint are prohibited. Retaliation is itself a violation of UC San Diego policy and applicable law, and is a serious offense. Complaints of retaliation may be brought through the harassment complaint procedures or the procedures for discrimination complaint resolution. Acts of retaliation may result in discipline.
Student Sex Offense Policy
UC San Diego does not tolerate sex offenses in any form, including sexual assault, sexual misconduct, harassment, exploitation, or intimidation. Reports of sex offenses may be made to the Sexual Assault and Violence Prevention Resource Center, the UC San Diego Police, the Office for the Prevention of Harassment and Discrimination, Counseling and Psychological Services, Student Health Services, and other campus resources outlined in the UC San Diego Student Sex Offense Policy. Investigations of reports of sex offenses are conducted by the Office for the Prevention of Harassment and Discrimination (OPHD). A student who has been accused of a sex offense may seek assistance from Student Legal Services, Counseling and Psychological Services, the Associated Students Office of Student Advocacy, and other campus resources outlined in the policy.
Sex offenses can be addressed through university administrative procedures and through the criminal justice system. Any criminal proceeding is entirely separate from administrative proceedings of the university.
The UC San Diego Student Sex Offense Policy is available online at http://ophd.ucsd.edu/pdf/Sex%20Offense%20Policy%20(FINAL)%20(1-30-13).pdf.
Title IX Compliance Coordinator/Sexual Harassment Officer
Persons who wish to bring a complaint alleging a violation of Title IX of the Education Amendments of 1972 may contact the director of the Office for the Prevention of Harassment and Discrimination who also serves as the campus’s Title IX coordinator:
Lori Chamberlain, Title IX Compliance
Coordinator/Sexual Harassment Officer
University of California, San Diego
9500 Gilman Dr. # 0024
La Jolla, CA 92093-0024