UC Santa Cruz Title IX/Sexual Harassment Office


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UCSC Policies and Procedures

Procedures for Reporting Sexual Assault, Dating Violence, Domestic Violence
and Stalking

  1. Confidential Resource Assistance
  2. Where to report Sexual Assault, Dating Violence, Domestic Violence and Stalking
  3. Title IX Office Procedures for the Resolution of Reports and Complaints of Sexual Assault, Dating Violence, Domestic Violence and Stalking
  4. Administrative Action
  5. Privacy
  6. Records
  7. Grievances Involving Allegations Sexual Violence, Dating Violence, Domestic Violence and Stalking
  8. External Options Available to Complainant or Respondent for Resolution of Sexual Harassment Complaints

I. COMPLETELY CONFIDENTIAL RESOURCE ASSISTANCE FOR SEXUAL ASSAULT, DATING VIOLENCE, DOMESTIC VIOLENCE, AND STALKING

These resources are available to assist a member of the UCSC community who has been sexually assaulted, stalked or the target of dating or domestic violence. These offices offer direct services, assistance and referrals. All reports are confidential. Reports to these resources will not be considered a report to UC Santa Cruz.

Sexual Assault Prevention Educator
(831) 459-2721
http://healthcenter.ucsc.edu/shop/sadv/index.html

UCSC Counseling & Psychological Services (students only)
(831) 459-2628
http://caps.ucsc.edu/
After Hours through Campus Dispatch (831) 459-2100

Monarch Services (previously known as Women's Crisis Support/Defensa de Mujeres)
1(888) 900-4232
http://www.wcs-ddm.org/
Facebook icon Twitter Icon instagram Pinterest-logo

EAP Program (staff & faculty only)
1(866) 808-6205
http://shr.ucsc.edu/benefits/eap/

Campus Conflict Resolution Services
(831) 459-2290
http://conflictresolution.ucsc.edu

UC Hotline for Anonymous Reporting of any Misconduct or Climate Issues
1-800-403-4744
or via an anonymous form at: http://whistleblower.ucsc.edu/about/form.pdf

II. WHERE TO REPORT SEXUAL ASSAULT, DATING VIOLENCE, DOMESTIC VIOLENCE, AND STALKING

The university encourages the timely reporting of all crimes, including sexual assault, dating violence, domestic violence and stalking. UC Santa Cruz employs law enforcement officers and professionals who are trained in the field to assist survivors in reporting crimes, obtaining help, including immediate medical care, counseling and other essential services.

UCSC Police Department:

UC Santa Cruz encourages any person who has been the victim of sexual assault, dating violence, domestic violence and stalking, or any student or academic or staff personnel who has witnessed a crime to immediately report the incident to the UCSC Police Department. If the crime did not occur within the jurisdiction of the UCSC Police department, UCSC officers may notify the appropriate authorities having jurisdiction on the victim's behalf or the victim may contact the appropriate law enforcement agency (Santa Cruz Police, County of Santa Cruz Sheriff's Office, Capitola Police, Watsonville Police etc) directly.

Seek Immediate Medical Attention
It is important to seek immediate and follow-up medical attention for several reasons: first, to assess and treat any physical injuries; second, to determine the risk of sexually transmitted diseases or pregnancy and take preventive measures; and third, to gather evidence that could aid criminal prosecution. Physical evidence should be collected immediately, ideally within 24 hours of the assault. Even if no physical injuries are present, the collection of physical evidence is strongly recommended to maintain all legal options. After the evidence is collected, it may be stored in evidence until such time a decision to prosecute is made.

Victims may receive the exam free by reporting a sexual assault to the UCSC Police or local law enforcement.

If the victim does not wish to involve law enforcement at this time, s/he may go to:

Dominican Hospital
1555 Soquel Drive
Santa Cruz, CA 95065

or

Watsonville Community Hospital
75 Neilson Street
Watsonville, CA 95076

The victim should inform hospital staff that s/he would like a SAFE exam. Because the hospital staff are mandated reporters they will call law enforcement and the victim will have to decline to speak to law enforcement. The SAFE exam will then be performed.

UCSC Title IX Office:

The Title IX officer is responsible for receiving and conducting the administrative investigation of all reports of sexual assault, dating violence, domestic violence and stalking filed by students, academic and non-academic employees. The Title IX office is available to provide referrals to support services and resources, explain university policies and procedures and discuss options for early resolution and fact-finding investigations. Complainants are welcome to bring any support person of her/his choosing to the Title IX office and may receive information and advice without disclosing her/his name or the name of the alleged respondent.

The University's first responsibility in responding to such reports is attending to the needs of the individuals involved (e.g., the complainant, the respondent, and potential witnesses). The University is also dedicated to ensuring that both students alleging a violation of this policy and accused of violating this policy are treated fairly by the University. All reports are taken with the utmost seriousness; students and employees will be provided a fair process and referred to appropriate services for assistance. The University recognizes the concern for privacy inherent in allegations of sexual assault, dating violence, domestic violence and stalking, and will maintain confidentiality regarding all dealings related to allegations to the extent possible, and as permitted by law or University policy.

Students and employees may feel more comfortable reporting sexual assault, dating violence, domestic violence, stalking or harassment to a university staff member, faculty member or university official. Therefore, all reports and complaints of sexual assault, dating violence, domestic violence, stalking or sexual harassment, must be reported to the Title IX Officer by the employee or faculty member receiving the report preferably within 48 hours of receipt. Information on UCSC's required compliance efforts and responsibilities in implementing this policy and procedures can be found in Sections IV & V of the University of California Policy-Sexual Harassment & Sexual Violence.

Reporting and Responding to Reports of Sexual Assault, Dating Violence, Domestic Violence and Stalking

All members of the UCSC community are encouraged to contact the UCSC Title IX Office if they observe or encounter conduct that may be subject to the UCSC Policy on Sexual Assault, Dating Violence, Domestic Violence and Stalking. This includes conduct by employees, students, or third parties. Reports of possible policy violations may be brought to the Title IX Officer or to any manager, supervisor, or other designated employee responsible for responding to reports of sexual assault, dating violence, domestic violence and stalking. If the person to whom a report normally would be made is the individual accused of possibly violating the policy, reports may be made to another manager, supervisor, or designated employee. Managers, supervisors, and designated employees are required to notify the UCSC Title IX Officer of a report received preferably within 48 hours.

Reports of sexual assault, dating violence, domestic violence and stalking should be brought forward as soon as possible after the alleged conduct occurs. While there is no stated timeframe for reporting, prompt reporting will better enable the University to respond to the report, determine the issues, and provide an appropriate remedy and/or action. All incidents should be reported even if a significant amount of time has passed. However, delaying a report may impede the University's ability to conduct an investigation and/or to take appropriate remedial actions.

Required Notifications For Reports of Sexual Assault, Dating Violence, Domestic Violence and Stalking

UCSC will provide a written explanation of available rights and options, including procedures to follow, when UCSC receives a report that the student or employee has been a victim of sexual assault, dating violence, domestic violence or stalking, whether the offense occurred on- or off-campus or in connection with any University program. Contact the Title IX office for a copy of the available rights and options. Also available here.

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III. Title IX Office Procedures for the Resolution of Reports and Complaints of Sexual Assault, Dating Violence, Domestic Violence and Stalking

A. RESOLUTION OF REPORTS OF SEXUAL ASSAULT, DATING VIOLENCE, DOMESTIC VIOLENCE AND STALKING
The Title IX Officer shall attempt to resolve any reports of sexual assault, dating violence, domestic violence and stalking by informing, educating, mediating, or negotiating voluntary agreements in accordance with University policy. If no resolution can be reached that is acceptable to both parties and to the University, the Title IX Officer may, if appropriate, institute an investigation, at the request of the complainant or because the Title IX officer believes a fact-finding investigation is warranted.

The goal of early resolution is to resolve concerns at the earliest stage possible, with the cooperation of all parties involved. Early resolution may include an inquiry into the facts, but typically does not include a formal investigation. Means for resolution shall be flexible and encompass a full range of possible appropriate outcomes. Early resolution can include options such as discussions with the parties, making recommendations for resolution, and conducting follow-up after a period of time to assure that the resolution has been implemented effectively. Early resolution may be appropriate for responding to anonymous reports and/or third party reports. Steps taken to encourage resolution and agreements reached through early resolution efforts should be documented.

B. RESOLUTION OF COMPLAINT(S) OF SEXUAL ASSAULT, DATING VIOLENCE, DOMESTIC VIOLENCE AND STALKING
The Title IX Officer shall investigate all written complaints of sexual assault, dating violence, domestic violence and stalking. The Title IX Officer may also determine that an investigation is warranted without a written complaint, either because of the severity of the allegations reported, or because of the frequency of allegations against the respondent, or for any other reason.

In cases involving students, upon the initiation of an investigation, the Title IX Officer will send a letter of notification within five (5) working days of receiving a request from a complainant for a Title IX investigation, or within five (5) working days of the initiation of an investigation by the Title IX Officer to the respondent which:

  1. advises the student of the initiation of a fact-finding investigation;
  2. includes the name of the complainant(s);
  3. includes a full and complete written statement of the allegations;
  4. identifies the violation(s) of policy including the Policy on Student Conduct and Discipline represented by the allegations;
  5. provides the website address of where the student can locate a copy of the UCSC Policy on Sexual Assault, Dating Violence, Domestic Violence and Stalking and Procedures for Reports of Sexual Assault, Dating Violence, Domestic Violence and Stalking and the Policy on Student Conduct and Discipline; and,
  6. describes the need to contact the Title IX Officer within five (5) working days of being notified of the investigation to schedule an appointment to respond to the allegation(s).

In cases involving staff and academic appointees, upon the initiation of an investigation, the Title IX Officer shall send a letter of notification to the respondent within five (5) working days of receiving a written complaint or within five (5) working days of the initiation of an investigation by the Title IX Officer that:

  1. informs the accused that a complaint of possible violation of UCSC policy has been filed and the date of filing;
  2. includes a full and complete written statement of the allegation(s);
  3. provides a web site address of where the respondent can locate a copy of the UCSC Policy on Sexual Assault, Dating Violence, Domestic Violence and Stalking and Procedures for Reports of Sexual Assault, Dating Violence, Domestic Violence and Stalking; and
  4. explains that the respondent must respond in writing to a full accounting of the allegation(s) to the Title IX Officer within fifteen (15) working days after having been informed of the complaint.

FACT-FINDING INVESTIGATION
The Title IX Officer 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, Dating Violence, Domestic Violence and Stalking. The investigation shall be completed as promptly as possible and in most cases within sixty (60) working days of the date the request for formal investigation was filed. If the investigation cannot be completed within that time, the Title IX Officer will so inform the complainant and the respondent of the need for a time extension.

The Title IX Officer 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.

Upon request, the complainant and the respondent 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, respondent 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 UCSC Policy on Sexual Assault, Dating Violence, Domestic Violence and Stalking.

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 it is more likely than not that the conduct occurred (preponderance of the evidence standard) which constitutes a prime facie violation of the UCSC Policy on Sexual Assault, Dating Violence, Domestic Violence and Stalking or a determination that the facts do not support the allegations and the complaint shall be dismissed. The report also may contain a recommendation for actions to resolve the complaint, including educational programs, remedies for the complainant, appropriate discipline for the respondent and a referral to disciplinary procedures as appropriate. The report may be used as evidence in other related procedures, such as subsequent complaints, grievances and/or disciplinary actions.

In cases where there is a prima facie finding that the UCSC Policy on Sexual Assault, Dating Violence, Domestic Violence and Stalking has been violated the report will be forwarded to the appropriate principal officer. (For additional information see Section IV. Administrative Action) The Title IX Officer 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.

The complainant shall be informed if there were findings made that the policy was or was not violated that are directly related to the complainant, such as an order that the respondent not contact the complainant. The complainant will be notified of the next steps of the process, in accordance with University policies protecting individuals' privacy, see Section V. Privacy.

The complainant and the respondent will be notified that they 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.

Even if the Title IX Officer does not make a prima facie finding of a violation of the UC Policy on Sexual Harassment, but the Title IX Officer believes the behavior complained of may constitute misconduct, the Title IX Officer may refer the matter pursuant to Section IV. Administrative Action.

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IV. ADMINISTRATIVE ACTION

STUDENTS
If the respondent is a student and the Title IX Officer's investigation finds that a prima facie (more likely than not) violation of the UCSC Policy on Sexual Assault, Dating Violence, Domestic Violence and Stalking has occurred, the Title IX Officer shall refer the report, including proposed remedies for the complainant and proposed sanctions for the respondent (if appropriate) to the principal officer. The principal officer, or her/his designee, will inform the respondent to whom the principal officer will be referring the report to for action within fifteen (15) working days of receiving the report from the Title IX Officer. Disciplinary action taken by the University will follow the guidelines in the Policy on Student Conduct and Discipline.

In all cases, the University, normally shall determine appropriate disciplinary action within forty-five (45) working days from receiving the report from the Title IX officer, or notify the complainant and the respondent of the need for a time extension.

Within five (5) working days of taking the appropriate corrective or disciplinary action against the respondent, the University shall notify the Title IX Officer in writing of the action taken who shall then provide the complainant with a written notice indicating:

  1. the finding (which violation of the Code of Student Conduct);
  2. all individual remedies available to the complainant;
  3. and all sanctions against the offender of which the complainant has a right to know in accordance with law and university policy.

At the conclusion of the discipline process both the complainant and the respondent have the right to request an Administrative Review of the Findings. For additional information go to the Policy on Student Grievance Procedures Section 115.21.

ACADEMIC SENATE MEMBERS
If the respondent is a member of the Academic Senate and the Title IX Officer's investigation finds that a prima facie violation of the UCSC Policy on Sexual Assault, Dating Violence, Domestic Violence and Stalking has occurred, there may be a violation of the Faculty Code of Conduct; therefore, the case and investigation materials should be referred to the Campus Provost/Executive Vice Chancellor for consideration of charges.

NON-SENATE ACADEMIC APPOINTEES
If the respondent is a non-Senate academic appointee and the Title IX Officer's investigation finds that a prima facie violation of the UCSC Policy on Sexual Assault, Dating Violence, Domestic Violence and Stalking has occurred, the Title IX Officer will refer the case and investigation materials to the Campus Provost/Executive Vice Chancellor, who will refer the case to the appropriate academic administrator to take action within fifteen (15) working days of receiving the report from the Title IX Officer, or notify the complainant and the respondent of the need for a time extension.

Formal corrective or disciplinary action taken against the respondent 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 agreements. The respondent shall be notified of her/his right to file a grievance regarding such corrective or disciplinary action. (http://apo.ucsc.edu)

STAFF MEMBERS
If the respondent is a staff member and the Title IX Officer's investigation finds that a prima facie violation of the UCSC Policy on Sexual Assault, Dating Violence, Domestic Violence and Stalking has occurred, the Title IX Officer shall forward the final report to the appropriate principal officer, who will either take action or will refer the report to the appropriate supervisor for action within fifteen (15) working days of receiving the report from the Title IX Officer, or notify the complainant and the respondent of the need for a time extension.

The person responsible for taking action will notify the respondent within ten (10) working days of receiving the report from the principal officer that he/she is responsible for responding to the Title IX investigation.

Formal corrective or disciplinary action taken against the respondent shall be in accordance with applicable university policy as stated in the Personnel Policies for Staff Members, or Personnel Policies for Senior Managers, or as provided for in relevant collective bargaining agreements. The respondent shall be notified of her/his right to file a grievance regarding such corrective or disciplinary action (see: http://shr.ucsc.edu/elr/contracts).

Within five (5) working days of taking the appropriate corrective or disciplinary action against the respondent, the appropriate principal officer shall notify the Title IX Officer in writing of the action taken who shall then provide the complainant with a written notice indicating:

  1. the finding (the outcome of the fact -finding investigation);
  2. all individual remedies available to the complainant; and
  3. all sanctions against the offender of which the complainant needs to be aware in order for the sanctions to be fully effective.

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V. PRIVACY

The University shall protect the privacy of individuals involved in a report of sexual assault, dating violence, domestic violence and stalking to the extent required by law and University policy. A report of a possible violation of this policy 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, dating violence, domestic violence and stalking. 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, dating violence, domestic violence and stalking may be advised of sanctions imposed against the respondent 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).

CONFIDENTIAL RESOURCES FOR REPORTS OF SEXUAL ASSAULT, DATING VIOLENCE, DOMESTIC VIOLENCE AND STALKING
Confidential resources are available for information regarding resources, options for reporting or how to file a complaint. These resources provide individuals who may be interested in bringing a report 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 official reports to the University and that without additional action by the individual, such as reporting to the Title IX Officer, the Police or other University Official, the discussions will not result in any action by the University to resolve their concerns.

Sexual Assault Prevention Educator
(831) 459-2721
http://healthcenter.ucsc.edu/shop/sadv/index.html

UCSC Counseling & Psychological Services (students only)
(831) 459-2628
http://caps.ucsc.edu/
After Hours through Campus Dispatch (831) 459-2100

Monarch Services (previously known as Women's Crisis Support/Defensa de Mujeres)
1(888) 900-4232
http://www.wcs-ddm.org/
Facebook icon Twitter Icon instagram Pinterest-logo

EAP Program (staff & faculty only)
1(866) 808-6205
http://shr.ucsc.edu/benefits/eap/

Campus Conflict Resolution Services
(831) 459-2290
http://conflictresolution.ucsc.edu

UC Hotline for Anonymous Reporting of any Misconduct or Climate Issues
1-800-403-4744
or via an anonymous form at: http://whistleblower.ucsc.edu/about/form.pdf

Certain University employees, such as the Title IX Officer, managers, supervisors, and other designated employees have an obligation to respond to reports of sexual assault, dating violence, domestic violence and stalking, even if the individual making the report requests that no action be taken. An individual's request regarding confidentiality will be considered in determining an appropriate response; however, such requests will be considered in the dual contexts of the University's legal obligation to ensure a working and learning environment free from sexual assault, dating violence, domestic violence and stalking and the due process rights of the respondent to be informed of the allegations and their source. Some level of disclosure may be necessary to ensure a complete and fair investigation, although the University will comply with requests for confidentiality to the extent possible.

VI. RECORDS

Letters of warning and records of other disciplinary actions concerning violations of this policy are to be kept in staff or faculty personnel files and 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 discipline file.

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VII. GRIEVANCES INVOLVING ALLEGATIONS OF SEXUAL VIOLENCE, DATING VIOLENCE, DOMESTIC VIOLENCE AND STALKING

An individual who believes he or she has been subjected to sexual assault, dating violence, domestic violence or stalking may file a grievance pursuant to the applicable grievance procedure listed in Appendix I: University Complaint Resolution and Grievance Procedures. Such grievance may be filed either instead of or in addition to making a report to the Title IX Officer under this policy. A grievance alleging sexual assault, dating violence, domestic violence or stalking must meet all the requirements under the applicable grievance procedure, including time limits for filing.

If a grievance alleging violation of this policy is filed in addition to a report made to the Title IX Officer the grievance shall be held in abeyance subject to the requirements of any applicable grievance procedure, pending the outcome of the Early Resolution or Formal Investigation procedures by the Title IX Officer. If the individual wishes to proceed with the grievance, the Early Resolution or Formal Investigation shall constitute the first step or steps of the applicable grievance procedure.

An individual who has made a report of a possible violation of this policy may also file a grievance alleging that the actions taken in response to the report of sexual assault, dating violence, domestic violence or stalking did not follow policy and procedures. Such a grievance may not be filed to address a disciplinary sanction imposed upon the accused. Any grievance regarding the resolution of a report of violation of this policy must be filed in a timely manner. The time period for filing begins on the date the individual was notified of the outcome of the investigation or other resolution process pursuant to this policy, and/or of the actions taken by the administration in response to the report of sexual assault, dating violence, domestic violence or stalking, whichever is later.

VIII. EXTERNAL OPTIONS AVAILABLE TO COMPLAINANT OR RESPONDENT FOR RESOLUTION OF SEXUAL ASSAULT, DATING VIOLENCE, DOMESTIC VIOLENCE, AND STALKING COMPLAINTS

Students may file complaints under Title IX with the Office for Civil Rights, U.S. Department of Education. Contact the campus Title IX Office for current information.

Staff and faculty may file discrimination or harassment complaints under Title VII, with the Equal Employment Opportunity Commission; or with the California 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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UCSC Policies

UCSC Procedures

Appendices:

 

Contact Rita Walker , Title IX Officer: 105 Kerr Hall . email: rew@ucsc.edu . phone 831.459.2462