responsibilities of administrators, supervisors, and managers

from the UCSC Procedures for Reports of Sexual Harassment

III. ROLES OF UNIVERSITY OFFICIALS IN THE RESOLUTION OF REPORTS AND COMPLAINTS OF SEXUAL HARASSMENT

A. University Officials

Although all persons who wish to report incidents of sexual harassment are strongly urged to consult directly with the Title IX/SHO, they may choose to inform another University official instead ( see Appendix A for the definition of University Official). Such persons may be able to achieve an informal resolution of a report of sexual harassment, but must always consult with the Title IX/SHO for guidance on University Policy and appropriate resolution, and inform the Title IX/SHO of any actions taken to resolve the report. If a student or employee wishes to file a complaint of sexual harassment, as defined above, the complainant should be referred immediately to the Title IX/SHO.

A report of sexual harassment shall be defined as any meeting or discussion with a University official (see Appendix A for the definition of University Official,) in order to inform the University that sexual harassment may have occurred. Another example of a report would be information contained in a student evaluation of a course or in an anonymous letter. Persons experiencing problems with sexual harassment are encouraged to report them as soon as possible. Once a report has been made, in whatever form, the Title IX/SHO must be made aware of the report by the University official who has received it.

Reports of sexual harassment may be resolved informally, either by the Title IX/SHO, or by any other trained University official in cooperation with the Title IX/SHO. Any University official participating in informal resolution of a report must consult the Title IX/SHO to determine what action, if any, is appropriate to the situation, and report the actions taken to the Title IX/SHO.

A complaint of sexual harassment shall be defined as a signed, written statement, informing the University that sexual harassment may have occurred and providing information sufficient for further inquiry (See Appendix G for a Sexual Harassment Complaint Form). Complaints require an investigation by the Title IX/SHO and may result in disciplinary or corrective action after due process is provided to the accused, if it is found that harassment has taken place.

Although responsible University officials will attempt to respect the wishes of the complainant with regard to action taken in response to the complaint, the University will take appropriate disciplinary or corrective action whenever deemed necessary to meet the University's responsibilities to provide a safe and non-discriminatory environment for other students and employees. The only case in which a complainant ordinarily may ensure that no action is taken on the basis of her/his complaint is when s/he does not disclose the name or other details that would identify the accused.

Repeated sexual harassment of one or more individuals by the same offender must be taken as a more serious offense for purposes of disciplinary action; therefore, all reports and complaints of sexual harassment must be reported to the Title IX/SHO, who is authorized to keep records of sexual harassment reports and complaints.

The responsibilities of University officials who receive reports of sexual harassment, as defined above, include:

1. reporting the matter to the Title IX/SHO as soon as possible;

    

2. informing complainants of their right to see the Title IX/SHO, file a formal complaint, file a formal grievance, or file a complaint with outside agencies;

    

3. providing anyone making a report with the Sexual Harassment Complaint Form (see Appendix G).

    

4. advising the complainant of support services (handouts available from Title IX/SHO);

    

5. respecting the complainant's wishes regarding anonymity and desired actions to the extent possible within policy and law;

    

6. keeping all information as confidential as permitted by relevant law;

    

7. upon request by the Title IX/SHO making confidential inquiries regarding the validity of the report;

    

8. in consultation with the Title IX/SHO, providing remedies to the complainant when sexual harassment has been found to have occurred;

    

9. taking steps so that the harassment, if it occurred, does not recur;

    

10. educating the accused about sexual harassment policy;

     

11. protecting the complainant from retaliation;

     

12. continuing to consult with and report to the Title IX/SHO;

     

13. after consulting with the Title IX/SHO, if informal agreement can be reached with the accused, taking corrective action, when appropriate; and

     

14. protecting the rights of the accused and the complainant, including rights to due process and privacy.

Upon request by the Title IX/SHO actions to be taken by a University official in response to a report of sexual harassment may include informing the accused that another person, anonymous or not, has reported her/his behavior to be unwelcome; educating the accused about appropriate behavior; mediating between the parties only if both desire mediation, and negotiating informal resolutions. (Guidance and educational materials available from the Title IX/SHO.) Under no circumstance can mediation between the parties be required in order to resolve reports or complaints of sexual harassment.

If no mutually acceptable informal resolution can be reached, and the versions of complainant and accused differ such that only a thorough investigation can determine the facts of the case, the case must be referred to the Title IX/SHO.

If a University official has reason to believe that there may be the potential for future threat to the complainant and/or to others; if there are multiple reports; or if the official has reason to believe that repeated sexual harassment has occurred, s/he must inform the Title IX/SHO before taking any action to resolve the case. Supervisors who hear rumors of sexual harassment through a third party and believe there may be some basis for the rumors should make confidential inquiries to determine the validity of the rumors and proceed accordingly, in consultation with the Title IX/SHO. All supervisors, including deans and department chairs, bear responsibility for obtaining training in sexual harassment policy and procedures from the Title IX Office. Any University official, including a supervisor, department chair or dean, who has not gone through the campus sexual harassment training program should refer all reports, as well as complaints, to the Title IX/SHO before taking any action. In addition, if a supervisor thinks s/he may be involved in a conflict of interest or other potential difficulty dealing with the complainant and the accused, s/he should refer the complainant immediately to the Title IX/SHO.

SUPPORT SERVICES

ON & OFF CAMPUS RESOURCE PHONE NUMBER

Campus Police (831) 459-2231

Emergency Services 9-1-1 or (831) 459-2345

Counseling and Psychological Services (831) 459-2628

Employee Assistance Program 1-800-654-6717

Ombuds Office (831) 459-2073

Rape Prevention and Education (831) 459-2721

Santa Cruz Police (831) 429-3911

Student Health Center (831) 459-2211

Suicide Prevention (24 hours) (831) 458-5300 or 1-877-663-5433

Women's Center (831) 459-2072

Women's Crisis /Defensa de Mujeres (24 hour Crisis Line) (831) 685-3737