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Information for the target of a sexual assault what to do if you are being harassed responsibilities
of administrators, supervisors especially for graduate students tips for TAs to prevent sexual harassment no
harassment/
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ucsc policies procedures for reporting sexual assault(s)
I. INFORMATION AND RESOURCES FOR VICTIMS OF SEXUAL ASSAULT There are many options and resources as well as information available both on campus and in the Santa Cruz community to provide response, medical services, counseling, and support services to victims of sexual assault. Following is a listing of the most important resources. Appendix F lists the current telephone numbers of these resources as well as others. University Police. Staff, students, faculty, and members of the community experiencing a sexual assault on campus will receive a speedy response from the University Police. (For sexual assaults off campus, local police should be contacted.) In addition, the police and only the police can arrange for medical examinations in order to provide admissible evidence when the complainant desires prosecution through the criminal justice system. If the University Police are contacted, an officer trained in sexual assault cases will be dispatched to the scene, and will explain police and medical procedures to the complainant. If the police transport the complainant to Dominican Hospital, which is equipped to perform medical examinations for legal purposes, then an advocate and a specially trained nurse/examiner who are members of the Santa Cruz Sexual Assault Response Team (S.A.R.T.) will be dispatched to the hospital to be available to the complainant. A Sexual Assault Nurse Examiner (S.A.N.E.) must conduct a medical examination as soon as possible to maximize the collection of evidence for criminal prosecution. It is important to note that S.A.R.T. and S.A.N.E. involvement is only possible when a police report is filed. The police will interview the accused and witnesses and collect evidence. At the conclusion of the police investigation, if warranted, the accused may be arrested, or the case may be forwarded to the District Attorney for consideration of prosecution. The services of the Victim/Witness Program will be available to the complainant if s/he decides to file a police report. Such services include counseling, court escort and advocacy, and assistance with financial compensation. It is important to remember that "reporting" a rape is not the same thing as prosecution through the criminal justice system. If the complainant files a report and then later refuses to prosecute through the criminal justice system or cooperate in a police investigation, there is little that the police or courts will be able to do. On the other hand, if the complainant initially decides that s/he does not want to file a police report and then, a month later, wants to prosecute through the criminal justice system, s/he has lost the opportunity for best evidence, not only in terms of immediate police investigative interviews, but also the collection of physical evidence. For these reasons, the University strongly encourages victims of sexual assault to call the police as soon as possible. (http://www2.ucsc.edu/police) Title IX/Sexual Harassment Officer (Title IX/SHO) is responsible for receiving and conducting the administrative investigation of all reports of sexual assault filed on campus by students and employees and is available to discuss options, provide support, explain university policies and procedures, and provide education on relevant issues. The Title IX/SHO is available only during working hours. The Title IX/SHO investigation is not a criminal procedure. (www2.ucsc.edu/title9-sh) Medical Assistance. Students, employees, and members of the community experiencing a sexual assault on campus should receive medical attention promptly from the Student Health Center and/or one of the local hospitals. It should be noted that medical examinations at the Student Health Center are not admissible for legal purposes; medical attention provided through the services of S.A.R.T. are strongly advised (this means reporting the sexual assault to the University Police). In addition, it is important to note that any health center or physician treating the complainant of a violent crime is obligated by law to report the crime to the police. (http://www2.ucsc.edu/healthcenter/) Colleges and Residential Facilities. Individual College Administrative Officers (CAO's), Assistant & Associate CAO's, the Director of Summer Session, the Director of Conference Services, the Manager of Family Student Housing, Graduate Housing, the Village, University Town Center & UCSC Inn, Coordinators For Residential Education (CRE's), Community Safety Officers (CSO's) and/or the Director, Student Judicial Affairs, in conjunction with the Title IX/SHO, are all trained on the UCSC Sexual Assault Response Guidelines and can provide assistance, information and support for the survivor and the accused. Other
campus resources include: * The Office of Rape Prevention Education is available to any member of the campus community who has been raped or sexually assaulted by a stranger, acquaintance, or partner. The Rape Prevention Education Coordinator can discuss options, provide support in making decisions about how to proceed, and follow-up to help the complainant get action. These services are available only during working hours. (http://www2.ucsc.edu/rape-prevention/) * Resident, Community, and Neighborhood Assistants and Community Safety Officers (CSO's) have all received training on the UCSC Sexual Assault Response Guidelines and are helpful and supportive staff for students to contact. * The Women's Center offers campus and community referral services. (http://www2.ucsc.edu/wmcenter/index.html) * The Director, Student Judicial Affairs hears student concerns and can assist directly or make referrals to appropriate resources. (http://www2.ucsc.edu/judicial/) * The Ombudsman can assist anyone in the campus community by providing information about campus policies and procedures. * Emergency Blue Light Telephones are available throughout the campus (see Appendix C for list). These telephones connect directly with a police dispatcher in a similar manner as dialing 9-1-1. See Appendix F for a telephone directory of resources, including off-campus resources. II. DEFINITION OF SEXUAL ASSAULT Sexual assault is a general term which covers a range of crimes, including rape. As defined under California law, rape is non-consensual sexual intercourse that involves the use of threat of force, violence, or immediate and unlawful bodily injury or threats of future retaliation and duress. Sexual intercourse is considered non-consensual and, therefore, rape when the person is incapable of giving consent because s/he is incapacitated from alcohol and/or drugs, or if a mental disorder or developmental or physical disability renders the victim incapable of giving consent. Whether the accused is a stranger, acquaintance, spouse, or friend is irrelevant to the legal definition of rape (for the Penal Code definition of rape, see Appendix B). Beside rape, other acts of sexual assault include forced anal intercourse, forced oral copulation, penetration of the anal or vaginal area with a foreign object, and forcibly touching an intimate part of another person. Men as well as women can be victims of these other forms of sexual assault (see Appendix B, Definition of Sex Crimes). Unlawful sexual intercourse with a minor (statutory rape) occurs when the victim is considered incapable of giving legal consent because they are 17 years old or less, even if the intercourse is consensual. Where the person engaging in sexual intercourse with a minor is not more than three years older than the minor, the crime is a misdemeanor. If more than three years older, then the crime is a felony. If a student, staff person, member of the faculty or other academic appointee is charged with rape, s/he can be prosecuted under California criminal statutes, as well as disciplined under appropriate discipline procedures. Even if the criminal justice authorities choose not to prosecute, the campus can pursue disciplinary action and the complainant can file a civil suit. In addition to rape, as defined by California law, the University will not tolerate any non-consensual penetration, however slight, or non-consensual fellatio or cunnilingus, and will take appropriate action when such acts are reported. The Higher Education Amendments of 1992, enacted on July 23, 1992, require universities and colleges to prevent, report, and investigate sex offenses that occur on campus. The University of California, Santa Cruz, encourages all victims of sexual assault to report offenses as soon as possible after their occurrence, in accordance with the following procedures, in order for appropriate and timely action to be taken. A. General Statement of Options Persons experiencing a sexual assault may exercise the following options: * Report the sexual assault to university or off-campus police (if the sexual assault occurred off campus), particularly if the individual desires prosecution through the criminal justice system; and/or * Request an administrative investigation from Title IX/SHO (www2.ucsc.edu/title9-sh); and/or * Seek counseling and support services; or * Choose not to report. The University strongly encourages victims of sexual assault to call the police as soon as possible. IV. CONSIDERATIONS FOR THE RESOLUTION OF COMPLAINTS OF SEXUAL ASSAULT(S) A. Overview The University encourages timely reporting of sexual assaults. For immediate assistance/support/advice, the Campus Police, College Residential Staff, Counseling and Psychological Services, Director, Student Judicial Affairs, Rape Prevention Education Office, the Title IX/SHO, and the 24-hour crisis lines: Defensa de Mujeres and Women's Crisis Support, can be contacted. These offices/agencies will explain options available to victims of sexual assault. An individual who has experienced a sexual assault should not change clothes or douche; wash hands, face, or any part of the body; or clean or straighten the area where the sexual assault occurred. An individual who has experienced a sexual assault should not touch anything the accused may have touched or may have left. Any or all such "physical evidence" will be essential should a criminal charge be pursued. Although the University strongly encourages reporting sexual assaults to University Police, complainants may request administrative action by the Title IX/SHO, with or without the filing of a police report. The Title IX/SHO will complete a fact-finding report that will be submitted to the appropriate campus officials and hearing bodies. Sanctions for the accused may also be proposed by the Title IX/SHO. In addition, the Title IX/SHO may propose remedies for the complainant, i.e., actions to be taken to support or otherwise aid the complainant (in contrast to sanctions recommended for the accused). Prior to submission of the report by the Title IX/SHO, the complainant may appeal the findings and proposed remedies to the Advisory Council (see Section VI). All University officials will refer reports of sexual assault to the Title IX/SHO as soon as possible after receipt of the report or knowledge of the incident; this notification shall not exceed forty-eight (48) hours.
V. PROCEDURES FOR THE RESOLUTION OF COMPLAINTS OF SEXUAL ASSAULT(S) BY THE TITLE IX/SHO Fact-finding Investigation The Title IX/SHO shall investigate the circumstances of the alleged offense to the extent necessary to make a determination as to whether the allegations contained in the complaint constitute a violation of the UCSC Policy on Sexual Assault. This investigation should normally be completed within thirty (30) calendar days. If the investigation cannot be completed within that time, the Title IX/SHO will so inform the complainant and the accused. The
Title IX/SHO will interview anyone and examine any evidence deemed necessary
to investigate the complaint fully. The investigation generally shall
include interviews with the parties if available, interviews with other
witnesses as needed and a review of relevant documents as appropriate.
Disclosure of facts to parties and witnesses shall be limited to what
is reasonably necessary to conduct a fair and thorough investigation.
Participants in an investigation shall be advised that maintaining confidentiality
is essential to protect the integrity of the investigation. If
the complainant or the accused request, her/his initial interview with
the Title IX/SHO will be tape recorded, and a copy provided. Upon request,
the complainant and the accused may each have a representative present
when he or she is interviewed. Other witnesses may have a representative
present at the discretion of the investigator or as required by applicable
University policy or collective bargaining agreement. At
any time during the investigation, the investigator may recommend that
interim protections or remedies for the complainant or witnesses be
provided by appropriate University officials. These protections or remedies
may include separating the parties, placing limitations on contact between
the parties, or making alternative working or student housing arrangements.
Failure to comply with the terms of interim protections may be considered
a separate violation of the Policy on Sexual Assault. Although the Title IX/SHO may seek the advice and assistance of the Office of General Counsel in conducting the investigation, the investigation will normally be conducted only by the Title IX/SHO. The individual(s) conducting the investigation shall be familiar with the UCSC Policy on Sexual Assault and have training or experience in conducting investigations. Generally, an investigation should result in a written report that at minimum includes a statement of the allegations and issues, the positions of the parties, a summary of the evidence, findings of fact, and a determination by the investigator as to whether University policy has been violated. The report also may contain a recommendation for actions to resolve the complaint, including educational programs, remedies for the complainant, and a referral to disciplinary procedures as appropriate. The report shall be submitted to a designated University official with authority to implement the actions necessary to resolve the complaint. The report may be used as evidence in other related procedures, such as subsequent complaints, grievances and/or disciplinary actions. The Title IX/SHO will prepare a written report which includes a determination either: 1) that the facts do not support the allegations and the complaint should be dismissed; or 2) that there is prima facie evidence of a violation of the UCSC Policy on Sexual Assault. Where prima facie evidence of a violation is found, sanctions for the accused, if appropriate, shall be proposed by the Title IX/SHO. In addition, the Title IX/SHO shall propose individual remedies for the complainant, i.e., actions to be taken to support or otherwise aid the complainant (in contrast to sanctions recommended for the accused). Prior to submission of the report to the appropriate administrator by the Title IX/SHO, the complainant will be informed of the results of the investigation and may appeal the finding and proposed remedies to the Title IX Advisory Council (see Section VI). In cases involving students, the fact-finding report containing the proposed remedies for the complainant and the proposed sanctions for the accused will be forwarded to the Vice Chancellor, Student Affairs who will take action on the case as described below (see section VII. Administrative Action - Students). In cases involving staff and academic appointees the fact-finding report containing the proposed remedies for the complainant and the proposed sanctions for the accused will be forwarded to the appropriate principal officer who will take action as described below (see section VII. Administrative Action). The Title IX/SHO in cooperation with the relevant University officials will ensure that the appropriate remedies are provided to the complainant, regardless of the outcome of the disciplinary process. If the case is to be dismissed, a copy of the report with information related to third parties deleted, will be sent to the complainant, the accused, and kept in the Title IX/SHO's files. The complainant, under Title IX, has the right to appeal the dismissal and/or proposed remedies to the Advisory Council within five (5) working days from notification by the Title IX/SHO (See Section VI. below). Even if the Title IX/SHO does not make a finding of a violation of the UCSC Policy on Sexual Assault, but the Title IX/SHO believes the behavior complained of may constitute misconduct, the Title IX/SHO may refer the matter pursuant to Section VII. below. The complainant and the accused shall be informed promptly in writing when the investigation is completed. The complainant shall be informed if there were findings made that the policy was or was not violated and of actions taken to resolve the complaint, if any, that are directly related to the complainant, such as an order that the accused not contact the complainant. In accordance with University policies protecting individuals' privacy, the complainant may be notified generally that the matter has been referred for disciplinary action, but shall not be informed of the details of the recommended disciplinary action without the consent of the accused. The complainant and the accused may request a copy of the investigative report pursuant to University policy governing privacy and access to personal information. However, the report shall be redacted to protect the privacy of personal and confidential information regarding all individuals other than the individual requesting the report in accordance with University policy. VI. PROCEDURES AND TIMELINES FOR APPEALS OF THE TITLE IX/SHO'S FINDING AND/OR PROPOSED REMEDIES An Advisory Council for the Title IX/SHO shall be appointed by the Chancellor. The Council will be composed of six members: three Academic Senate Members, at least one of whom is male and one of whom is female, one staff, one graduate and one undergraduate student to serve three-year, staggered terms. The Council membership will comprise both men and women, but at least three of the members must be women. For sexual assault matters, the Advisory Council's sole role will be to act as a body to hear appeals from complainants under Title IX of the Title IX/SHO's finding and/or proposed remedies.
The total time from the receipt of the appeal by the Title IX Advisory Council to notification to the complainant of the outcome of the appeal normally shall not take more than twenty (20) working days. The Title IX investigation and fact-finding and, where requested, the appeal to the Title IX Advisory Council, constitutes the campus's Title IX grievance procedures, after which institutional administrative action will occur, if warranted. Students. If the accused is a student and the Title IX/SHO's investigation finds that a violation of the UCSC Policy on Sexual Assault has occurred, the Title IX/SHO shall refer the report, including proposed remedies for the complainant and proposed sanctions for the accused to the Vice Chancellor, Student Affairs. The Vice Chancellor, or her/his designee will also inform the respondent of the results of the investigation. The Vice Chancellor will refer the case to the Director, Student Judicial Affairs who will determine appropriate disciplinary action according to the guidelines in the Student Policies and Regulations Handbook (Sections 103.00 - 109.00) (http://www2.ucsc.edu/judicial/) In all cases, the Director, Student Judicial Affairs normally shall determine appropriate disciplinary action within ten (10) working days, or notify the complainant and the accused of the reasons for a time extension. The Director, Student Judicial Affairs will inform the Title IX/SHO in writing of the action s/he intends to take at least forty-eight (48) hours before the action is taken. If the Title IX/SHO believes that the proposed disciplinary action is inappropriate, s/he will notify the Director, Student Judicial Affairs in writing, within forty-eight (48) hours and file this document in the complaint file. Within five (5) working days of disciplinary action against the accused, the Director, Student Judicial Affairs shall notify the Title IX/SHO in writing of the action taken who shall then provide the complainant with a written notice indicating: 1) the finding (which violation of the Student Conduct Code); 2) all the individual remedies available to the complainant; 3) and the outcome of the disciplinary proceedings, including all sanctions taken against the accused, as permitted by law and university policy. Academic Senate Members. If the accused is a member of the Academic Senate, and the Title IX/SHO's investigation finds that a violation of the UCSC Policy on Sexual Assault has occurred, there may be a violation of the Faculty Code of Conduct. The case and investigation materials will be referred to the Campus Provost and Executive Vice Chancellor for consideration of charges. The Campus Provost and Executive Vice Chancellor will refer the case to the Charges Committee, and the matter will then proceed according to the campus procedure for the University Policy on Faculty Conduct and the Administration of Discipline. (APM-016 & CAPPM 002.015) (http://www2.ucsc.edu/ahr/) Non-Senate Academic Appointees. If the accused is a non-Senate academic appointee, and the Title IX/SHO's investigation finds that a violation of the UCSC Policy on Sexual Assault has occurred, the Title IX/SHO will refer the case and investigation materials to the Campus Provost and Executive Vice Chancellor, who will refer the case to the appropriate academic administrator to take action. The Campus Provost and Executive Vice Chancellor, or appropriate administrator, will inform the respondent of the results of the Title IX investigation. Formal corrective or disciplinary action taken against the accused shall be in accordance with applicable University policy, as stated in Academic Personnel Policy 150 - Corrective Action and Dismissal, or as provided in the relevant collective bargaining agreement(s). (http://www2.ucsc.edu/ahr/) Staff Members. If the accused is a staff member, and the Title IX/SHO's investigation finds that a violation of the UCSC Policy on Sexual Assault has occurred, the Title IX/SHO shall forward the final report to the appropriate principal officer, who will refer the case and investigation materials to the appropriate supervisor to take action. The principal officer, or the supervisor, will inform the respondent of the results of the Title IX investigation. Formal corrective or disciplinary action taken against the accused shall be in accordance with applicable University policy, as stated in the Personnel Policies for Staff Members and Personnel Policies for Senior Managers, or as provided for in relevant collective bargaining agreements. The accused shall be notified of her/his right to file a grievance or a request for administrative review of any such corrective or disciplinary action, if that right exists under the relevant personnel policies or collective bargaining agreement(s). (http://shr.ucsc.edu/topics/employee-labor-relations/_topics_employee-labor-relations.htm) Within five (5) working days of taking the appropriate corrective or disciplinary action against the accused, the appropriate principal officer shall notify the Title IX/SHO in writing of the action taken who shall then provide the complainant with a written notice of: 1) the finding (outcome of the fact finding investigation), 2) all individual remedies available to the complainant; 3) and the outcome of the disciplinary proceedings, including all sanction(s) taken against the accused, as permitted by law and university policy. VIII. SANCTIONS/DISCIPLINARY ACTION Examples of sanctions for students, staff, or academic appointees found to have committed a sexual assault include, but are not limited to: restitution, loss of privileges, restrictions, eviction from UCSC housing, interim suspension, exclusion from campus, suspension or time off without salary, dismissal or expulsion. Mediation (i.e., bringing the parties together) cannot be required in any individual case. The University shall protect the privacy of individuals involved in a report of sexual assault to the extent required by law and University policy. A report of sexual assault may result in the gathering of extremely sensitive information about individuals in the University community. While such information is considered confidential, University policy regarding access to public records and disclosure of personal information may require disclosure of certain information concerning a report of sexual assault. In such cases, every effort shall be made to redact the records in order to protect the privacy of individuals. An individual who has made a report of sexual assault may be advised of sanctions imposed against the accused when the individual needs to be aware of the sanction in order for it to be fully effective (such as restrictions on communication or contact with the individual who made the report). However, information regarding disciplinary action taken against the accused shall not be disclosed without the accused's consent, unless it is necessary to ensure compliance with state or federal laws, the action taken or the safety of individuals. X. Confidentiality of Reports of Sexual Assault Confidential resources for information regarding resources, options for reports of sexual assault or how to file a complaint of sexual assault include the UCSC Office of the Ombudsman, licensed counselors in the Employee Assistance Program and/or licensed counselors at Counseling & Psychological Services at the student Health Services. These resources provide individuals who may be interested in bringing a report of sexual assault with a safe place to discuss their concerns and learn about the procedures and potential outcomes involved. Individuals who consult with these confidential resources shall be advised that their discussions in these settings are not considered reports of sexual assault and that without additional action by the individual, such as reporting to the Title IX/SHO, the Police or other University Official, the discussions will not result in any action by the University to resolve their concerns. Records of disciplinary actions concerning sexual assaults are to be kept in staff or faculty personnel files, or in a student's confidential file. Where there has been a finding, after a due process hearing or after investigation, or an acknowledgment of wrong-doing by staff or faculty, notice shall be placed in their personnel files. Where there has been a finding, after a due process hearing or after investigation, or an acknowledgment of wrong-doing, notice shall be placed in the student's confidential file with the College Administrative Officer at her/his college. See Page 7 for information about Title IX/SHO Records. XII. OTHER OPTIONS AVAILABLE TO COMPLAINANT FOR RESOLUTION OF SEXUAL ASSAULT(S) (See Appendix I) A. Staff Instead of, or in addition to, using the Title IX Grievance Procedure, staff employees who have experienced a sexual assault on campus, or while participating in a university sponsored program, may avail themselves of the following formal grievance procedures: Personnel Policies for Staff Members, Policy 70 - Complaint Resolution; Personnel Policies for Senior Managers, Policy II-70-Resolution of Concerns; or the applicable grievance procedure in the Collective Bargaining Agreement(s). Sexual assaults may also be reported as a crime to the University Police. B. Academic Appointees Instead of, or in addition to using the Title IX Grievance Procedure, academic employees who have experienced a sexual assault on campus, or while participating in a University sponsored program, may avail themselves of the following formal grievance procedures:
Sexual assaults may also be reported as a crime to the University Police. C. Students A student may file a formal complaint with the associate vice chancellor, Student Affairs within thirty (30) calendar days of the time at which the student knows or could be reasonably expected to have knowledge of the alleged violation. When the violation occurs at the end of an academic quarter, a formal complaint may be filed within thirty (30) working days of the beginning of the succeeding academic quarter. A formal complaint must include a detailed explanation of the specific action being grieved, specific policy and/or regulation alleged to have been violated, the harm caused to the student, and the requested remedy. (Student Policies and Regulations Handbook, Section 110.00) Sexual assaults may also be reported as a crime to the University Police. Staff, students or faculty who may wish to file formal grievances should note that the time limit for filing is generally 30 calendar days from the last incident. XIII. OPTIONS OUTSIDE THE UNIVERSITY FOR RESOLUTION OF SEXUAL ASSAULT(S) Students may file complaints under Title IX with the Office for Civil Rights, U.S. Department of Education; or with the State Department of Fair Employment and Housing. Contact the campus Title IX/SHO for current information. Staff and faculty may file complaints under Title IX under specific circumstances, as above; under Title VII, with the Equal Employment Opportunity Commission; or with the State Department of Fair Employment and Housing. Contact the Title IX Office for current information. The time limits for filing complaints with State or Federal agencies vary. Contact the Title IX Office for further information. Staff,
faculty, and students may file a civil lawsuit against the offending
party.
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