University Policies on Nondiscrimination, Sexual Harassment, and Sexual Violence
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, gender identity, gender expression, pregnancy (including pregnancy, childbirth, and medical conditions related to pregnancy or childbirth), physical or mental disability, medical condition, genetic information, 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 harassment based on these protected categories, including sexual harassment, as well as sexual assault, domestic violence, dating violence, and stalking. The 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 & Discrimination (OPHD) at (858) 534-8298, firstname.lastname@example.org, or reportbias.ucsd.edu.
Campus policies provide for a prompt and effective response to student complaints. This response may include alternative resolution procedures or formal investigation. Students will be informed about complaint resolution options.
Harassment in General
Harassment is defined as follows: unwelcome 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 and is motivated on the basis of an individual’s race, color, national origin, religion, sex, gender, gender identity, gender expression, pregnancy (including pregnancy, childbirth, and medical conditions related to pregnancy or childbirth), physical or mental disability, medical condition, genetic information, ancestry, marital status, age, sexual orientation, citizenship, service in the uniformed services (including membership, application for membership, performance of service, application for service, or obligation for service in the uniformed services), or perceived membership in any of these classifications. See University of California Policy section 102.09, Policy on Conduct and Discipline (revised January 1, 2016) at http://policy.ucop.edu/doc/2710530/PACAOS-100. Pursuant to University of California Policy section 104.90, sanctions may be enhanced where an individual was selected because of the individual’s race, color, national origin, religion, sex, gender, gender identity, gender expression, pregnancy (including pregnancy, childbirth, and medical conditions related to pregnancy or childbirth), physical or mental disability, medical condition, genetic information, 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), or perceived membership in any of these classifications.
Sexual Harassment and Sexual Violence
UC San Diego is committed to creating and maintaining a community where all individuals who participate in UC San Diego programs and activities can work and learn together in an atmosphere free of sexual harassment and sexual violence, including sexual assault, domestic violence, dating violence, and stalking. Every member of the UC San Diego community should be aware that UC San Diego prohibits sexual harassment and sexual violence under federal and state law and UC San Diego policy. Retaliation against a person who brings a complaint of sexual harassment or sexual violence 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 sexual violence and will take appropriate action to prevent, correct, and if necessary, discipline behavior that violates this policy.
Harassment or discrimination 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. University 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.
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
The University of California provides annual mandatory training on sexual violence and sexual harassment prevention and response for all students, staff, and faculty. At UC San Diego, 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 except where inappropriate, such as in cases of sexual violence or where the safety of the community may be at risk. 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.
Complaint Response and Resolution
UC San Diego has established guidelines for resolving all types of discrimination, harassment, and sexual violence complaints. There are several alternative resolution options, depending on the circumstances, including educational programs for targeted campus units or for particular individuals. Where alternative resolution is unsuccessful or inappropriate, a formal complaint may be filed and a formal investigation may be 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.
Reports of sexual violence, sexual harassment, and other prohibited behavior may be made to the UC San Diego Police, the Office for the Prevention of Harassment & Discrimination (OPHD), and/or the Office of Student Conduct (OSC). Investigations of reports of sexual violence and sexual harassment are conducted by OPHD. Sexual violence 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.
Because complaints of discrimination, harassment, and sexual violence are most effectively addressed at the earliest possible stage, UC San Diego encourages early reporting of concerns or complaints regarding harassment. While there is no time limit for reporting, reports should be brought forward as soon as possible; an incident may be reported even if significant time has elapsed, but prompt reporting will better enable the university to respond, investigate if necessary, provide an appropriate remedy, and impose discipline if appropriate. Please note that in some cases, unreasonable delay in reporting harassment or discrimination or failure to utilize UC San Diego’s complaint resolution procedures may affect your legal rights.
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 by visiting their website at http://ophd.ucsd.edu. You may obtain advice about your reporting options without filing a complaint.
A student who chooses not to report may still contact CARE at the Sexual Assault Resource Center for more information, emotional support, individual and group counseling, and/or assistance with obtaining a medical exam. For off-campus support services, a student may contact the Center for Community Solutions. Other confidential resources on campus include Counseling and Psychological Services, Office of the Ombuds, and Student Health Services.
A student who has been accused of sexual violence, sexual harassment, or other prohibited behavior may seek assistance from Student Legal Services, Counseling and Psychological Services, the Office of Student Conduct, Office of the Ombuds, Respondent Support Services, the Associated Students Office of Student Advocacy, and other campus resources.
For additional information, please see University of California Policy on Sexual Violence and Sexual Harassment (effective January 1, 2016) at http://policy.ucop.edu/doc/4000385/SVSH.
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 US Department of Education Office for Civil Rights.
Any university employee who is not a confidential resource and who receives, in the course of employment, information that a student (undergraduate, graduate, or professional) has suffered sexual violence, sexual harassment, or other prohibited behavior shall promptly notify the Title IX Office or designee. This includes resident assistants, graduate teaching assistants, and all other student employees, when disclosures are made to any of them in their capacities as employees.
Threats, other forms of intimidation, and retaliation against a faculty member, student, or staff employee for bringing a complaint of harassment or discrimination 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 nondiscrimination or sexual violence and sexual harassment complaint resolution procedures. Acts of retaliation may result in discipline.
OPHD Director/Title IX Officer
The Office for the Prevention of Harassment and Discrimination is UC San Diego’s Title IX office and coordinates compliance with the federal law that prohibits sex discrimination in educational institutions. 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 OPHD, who also serves as the campus’s Title IX officer.
Jennifer Broomfield, Director/Title IX Officer
University of California San Diego
9500 Gilman Dr. # 0024
La Jolla, CA 92093-0024