UC San Diego Sexual Harassment Prevention and Policy
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.
Defining Sexual Harassment
See official policies here. (Interim, effective October 9, 2009)
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 his or her race, color, national or ethnic origin, alienage, sex, religion, age, sexual orientation, gender identity, marital status, veterans status, physical or mental disability, or perceived membership in any of these classifications.
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, Section 102.09, above, is the applicable standard for harassment by students.
For both student and/or employee sexual harassment, please refer to the University of California “Procedures for Responding to Reports of Sexual Harassment.”
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 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.
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, sex stereotyping, or sexual orientation.
UC San Diego’s consensual relationship policy addresses potential ethical and legal issues that arise when individuals develop romantic or sexual relationships. In addition, the UC Regents have approved a system-wide 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.
Prevention and Education
To implement UC San Diego’s policy regarding sexual harassment, 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. Sexual harassment prevention materials, including the university policy, are available in Spanish. Students are encouraged to review the interactive online education program, Preventing Sexual Harassment, available on the OPHD web page.
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 sexual 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 sexual harassment. If you believe you have been sexually harassed, you are encouraged to discuss your options and to learn about UC San Diego procedures by contacting OPHD at (858) 534-8298. You may obtain advice without filing a complaint. Unreasonable delay in reporting sexual 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 sexual 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. The time deadlines for filing such complaints vary between 180 and 365 days.
Threats, other forms of intimidation, and retaliation against a faculty member, student, or staff employee for bringing a complaint of sexual 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 sexual harassment complaint procedures. 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 & Violence Prevention Resource Center, the UC San Diego police department, the Office for the Prevention of Harassment and Discrimination, counseling and psychological services, student health service, and other campus resources outlined in the UC San Diego sex offense policy. Investigations of reports of sex offenses are conducted by the Office for the Prevention of Harassment and Discrimination. A student who has been accused of a sex offense may seek assistance from student legal services, counseling and psychological services, the Office of Student Advocacy, and other campus resources outlined in the policy.
Sex offenses can be addressed both 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 sex offense policy is available online.
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 Title IX coordinator as follows:
Lori Chamberlain, Title IX Compliance
Coordinator/Sexual Harassment Officer
University of California, San Diego
9500 Gilman Dr. # 0024
La Jolla, CA 92093-0024