The University of California, Santa Cruz is committed to creating and maintaining a community where all individuals who participate in University programs and activities can work together in an atmosphere free of violence, harassment, discrimination, exploitation, or intimidation. Every member of the community should be aware that the University prohibits sexual assault, sexual harassment, domestic violence, dating violence, stalking, and retaliation, and that such behavior violates both law and University policy. The University will respond promptly and effectively to reports of sexual assault, dating violence, domestic violence, stalking and sexual harassment, and will take appropriate action to prevent, to correct, and when necessary, to discipline behavior that violates these Policies.
As a recipient of federal funds, the university is required to comply with Title IX of the Higher Education Amendments of 1972, 20 U.S.C. §1681 et seq ("Title IX"), which prohibits discrimination on the basis of sex in education programs or activities. Sexual assault, dating violence, domestic violence, stalking and sexual harassment as defined in this policy, are a form of sex discrimination prohibited by Title IX.
In addition, the university is required to comply with the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act 1998 (Clery Act). The Violence Against Women Act 2013 (VAWA) and the Campus Sexual Violence Elimination Act 2013 (Campus SaVE). VAWA and Campus SaVE amended the Clery Act and affords additional rights to campus victims of sexual assault, dating violence, domestic violence and stalking.
Any person who is the target of sexual assault, dating violence, domestic violence, stalking or sexual harassment should immediately consult the Title IX Officer for advice, options, and information on informal resolutions and fact-finding investigations. All reports and complaints of sexual assault, dating violence, domestic violence, stalking or sexual harassment, made to any university official or Clery Security Authority must be reported to the Title IX Officer by the person receiving the report preferably within 48 hours of receipt.
These policies apply to all employees and students at UC Santa Cruz. These policies further the University's commitment to compliance with the law and to the highest standards of ethical conduct as outlined in the University's Statement of Ethical Values and Standards of Ethical Conduct.
SEXUAL ASSAULT occurs when physical sexual activity is engaged without the consent of the other person or when the other person is unable to consent to the activity. The activity or conduct may include physical force, violence, threat, or intimidation, ignoring the objections of the other person, causing the other person's intoxication or incapacitation through the use of drugs or alcohol, or taking advantage of the other person's incapacitation (including voluntary intoxication).
CONSENT is informed. Consent is an affirmative, unambiguous, and conscious decision by each participant to engage in mutually agreed-upon sexual activity.
Consent is voluntary. It must be given without coercion, force, threats, or intimidation. Consent means positive cooperation in the act or expression of intent to engage in the act pursuant to an exercise of free will.
Consent is revocable. Consent to some form of sexual activity does not imply consent to other forms of sexual activity. Consent to sexual activity on one occasion is not consent to engage in sexual activity on another occasion. A current or previous dating or sexual relationship, by itself, is not sufficient to constitute consent. Even in the context of a relationship, there must be mutual consent to engage in sexual activity. Consent must be ongoing throughout a sexual encounter and can be revoked at any time. Once consent is withdrawn, the sexual activity must stop immediately.
Consent cannot be given when a person is incapacitated. A person cannot consent if s/he is unconscious or coming in and out of consciousness. A person cannot consent if s/he is under the threat of violence, bodily injury or other forms of coercion. A person cannot consent if his/her understanding of the act is affected by a physical or mental impairment.
For purposes of this Policy, the age of consent is consistent with California Penal Code Section 261.5.
INCAPACITATION is defined as the physical and/or mental inability to make informed, rational judgments. States of incapacitation include, but are not limited to, unconsciousness, sleep, and blackouts. Where alcohol or drugs are involved, incapacitation is defined with respect to how the alcohol or other drugs consumed affects a person's decision-making capacity, awareness of consequences, and ability to make fully informed judgments. Being intoxicated by drugs or alcohol does not diminish one's responsibility to obtain consent. The factors to be considered when determining whether consent was given include whether the accused knew, or whether a reasonable person should have known, that the complainant was incapacitated.
DOMESTIC VIOLENCE is defined as abuse committed against an adult or a minor who is a spouse or former spouse, cohabitant or former cohabitant, or someone with whom the abuser has a child, has an existing dating or engagement relationship, or has had a former dating or engagement relationship.
DATING VIOLENCE is defined as abuse committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim.
STALKING is behavior in which a person repeatedly engages in conduct directed at a specific person that places that person in reasonable fear of his or her safety or the safety of others.
SEXUAL HARASSMENT is defined as unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Sexual harassment is conduct that explicitly or implicitly affects a person's employment or education or interferes with a person's work or educational performance or creates an environment such that a reasonable person would find the conduct intimidating, hostile, or offensive. Sexual harassment includes sexual violence (see definition below). The University will respond to reports of any such conduct in accordance with the UC Policy on Sexual Harassment.
Sexual harassment may include incidents between any members of the University community, including faculty and other academic appointees, staff, student employees, students, coaches, residents, interns, and non-student or non-employee participants in University programs (e.g., vendors, contractors, visitors, and patients). Sexual harassment may occur in hierarchical relationships, between peers, or between individuals of the same sex or opposite sex. To determine 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.
Consistent with the University of California Policies Applying to Campus Activities, Organizations, and Students, Policy 100.00 on Student Conduct and Discipline, Section 102.09, harassment of one student by another student is defined as unwelcome conduct of a sexual nature 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.
Additional types of misconduct covered by these Policies:
- Electronically recording, photographing, or transmitting intimate or sexual utterances, sounds or images of another person;
- Allowing third parties to observe sexual acts;
- Engaging in voyeurism;
- Exposing oneself
- Falsifying a posting on an electronic site involving sex or sexual activity
- Knowingly transmitting a sexually transmitted infection, including HIV, to another person.
The University President, Chancellor, Lawrence Berkeley National Laboratory Director, or Vice President of Agricultural and Natural Resources.
The University prohibits sexual assault, sexual harassment, dating violence, domestic violence, and stalking. Such behavior violates both law and University policy. The University will respond promptly and effectively to reports of sexual assault, sexual harassment, dating violence, domestic violence, and stalking and will take appropriate action to prevent, to correct, and when necessary, to discipline behavior that violates these Policies.
B. PROHIBITED ACTS
These Policies prohibits sexual assault, sexual harassment, dating violence, domestic violence, and stalking as defined in the previous definitions section. Conduct by an employee that is in violation of these Policies is considered to be outside the normal course and scope of employment.
C. CONSENSUAL RELATIONSHIPS
These Policies cover unwelcome conduct of a sexual or violent nature. Consensual romantic relationships between members of the University community are subject to other University policies. For example, policies governing faculty-student relationships are detailed in The Faculty Code of Conduct. While romantic relationships between members of the University community may begin as consensual, they may evolve into situations that lead to charges of sexual assault, sexual harassment, dating violence, domestic violence, and/or stalking covered by these Policies.
D. GENDER IDENTITY, GENDER EXPRESSSION, OR SEXUAL ORIENTATION DISCRIMINATION HARASSMENT
Gender Identity, Gender Expression, or Sexual Orientation Discrimination Harassment that is not sexual in nature but is based on gender, gender identity, gender expression, sex-or-gender-stereotyping, or sexual orientation also is prohibited by the University's non-discrimination policies if it denies or limits a person's ability to participate in or benefit from University educational programs, employment, or services. While discrimination based on these factors may be distinguished from sexual assault, sexual harassment, dating violence, domestic violence and stalking these types of discrimination may contribute to the creation of a hostile work or academic environment. Thus, in determining whether a policy violation exists due to sexual assault, sexual harassment, dating violence, domestic violence or stalking, the University may take into account acts of discrimination based on gender, gender identity, gender expression, sex-stereotyping, or sexual orientation.
These Policies also prohibit retaliation against a person who reports sexual assault, sexual harassment, dating violence, domestic violence or stalking, assists someone with a report of sexual assault, sexual harassment, dating violence, domestic violence or stalking or participates in any manner in an investigation or resolution of misconduct covered by these Policies. Retaliation includes threats, intimidation, reprisals, and/or adverse actions related to employment or education.
F. DISSEMINATION OF THE POLICY, EDUCATIONAL PROGRAMS, AND EMPLOYEE TRAINING
As part of the University's commitment to providing a working and learning environment free from sexual assault, sexual harassment, dating violence, domestic violence and stalking, these policies shall be disseminated widely to the UCSC community through publications, websites, new employee orientations, student orientations, and other appropriate channels of communication. UCSC has preventive educational materials available to all members of the University community to promote compliance with these policies and familiarity with local reporting procedures. All UCSC university officials and UCSC Clery Security Authorities (CSA) may receive reports of sexual assault, sexual harassment, dating violence, domestic violence and stalking. Once a report is made to any university official or CSA, in whatever form, the report must be promptly forwarded to the Title IX Office by the person who received it, preferably within 48 hours. University officials and CSA's are responsible for completing training and keeping abreast of university policy and procedures concerning sexual assault, sexual harassment, dating violence, domestic violence and stalking.
G. REPORTING SEXUAL ASSAULT, SEXUAL HARASSMENT, DATING VIOLENCE, DOMESTIC VIOLENCE AND STALKING
Any member of the University community may report conduct that may constitute sexual assault, sexual harassment, dating violence, domestic violence, and stalking to any supervisor, manager, or Title IX Officer. UCSC supervisors, managers, and other designated employees, like Clery Security Authorities, are responsible for promptly forwarding such reports to the Title IX Office. Any manager, supervisor, or designated employee responsible for reporting or responding to sexual assault, sexual harassment, dating violence, domestic violence, and stalking who knew about the incident and took no action to stop it or failed to report the prohibited act to the Title IX officer may be subject to disciplinary action.
UCSC's confidential resources with whom members of the University community can consult for advice and information regarding making a report of sexual assault, dating violence, domestic violence, and stalking may be found in the Procedures For Reports of Sexual Assault, Dating Violence, Domestic Violence, and Stalking. These same confidential resources are also available to discuss reports of sexual harassment. Requests regarding the confidentiality of reports of sexual assault, sexual harassment, dating violence, domestic violence, and stalking will be considered in determining an appropriate response; however, such requests will be considered in the dual contexts of the University's obligation to ensure a working and learning environment free from sexual assault, sexual harassment, dating violence, domestic violence, and stalking and the due process rights of the accused to be informed of the allegations and their source. Also, an individual may file a complaint or grievance alleging sexual assault, sexual harassment, dating violence, domestic violence, and stalking under the applicable University complaint resolution or grievance procedure (Appendix I: University Complaint Resolution and Grievance Procedures).
H. RESPONSE TO REPORTS OF SEXUAL ASSAULT, SEXUAL HARASSMENT, DATING VIOLENCE, DOMESTIC VIOLENCE AND STALKING
For information on UCSC's prompt and effective response to reports of sexual assault, sexual harassment, dating violence, domestic violence, and stalking see the Procedures for Reports of Sexual Assault, Dating Violence, Domestic Violence and Stalking and the Procedures For Reports of Sexual Harassment.
Upon a finding of a violation of the UCSC Policy on Sexual Assault, Dating Violence, Domestic Violence, and Stalking, and/or the UCSC Policy on Sexual Harassment, UCSC may offer remedies to the individual or individuals harmed by the policy violation consistent with applicable complaint resolution and grievance procedures. Such remedies may include counseling, an opportunity to repeat course work without penalty, changes to student housing assignments, or other appropriate interventions. Any member of the University community who is found to have engaged in conduct that violates either of these policies is subject to disciplinary action up to and including dismissal in accordance with the applicable University disciplinary procedure (Appendix II: University Disciplinary Procedures) or other University policy. Generally, disciplinary action will be recommended when the conduct is sufficiently severe, persistent, or pervasive that it alters the conditions of employment or limits the opportunity to participate in or benefit from educational programs. Any manager, supervisor, or designated employee responsible for reporting or responding to sexual assault, sexual harassment, dating violence, domestic violence, and stalking who knew about the incident and took no action to stop it or failed to report the prohibited act to the Title IX Office also may be subject to disciplinary action. Conduct by an employee that is sexual assault, sexual harassment, dating violence, domestic violence, and stalking or retaliation in violation of these Policies is considered to be outside the normal course and scope of employment.
I. FREE SPEECH AND ACADEMIC FREEDOM
As participants in a public university, the faculty and other academic appointees, staff, and students of the University of California enjoy significant free speech protections guaranteed by the First Amendment of the United States Constitution and Article I, Section I of the California Constitution. These Policies is intended to protect members of the University community from discrimination, not to regulate protected speech. This Policy shall be implemented in a manner that recognizes the importance of rights to freedom of speech and expression. The University also has a compelling interest in free inquiry and the collective search for knowledge and thus recognizes principles of academic freedom as a special area of protected speech. Consistent with these principles, no provision of these Policies shall be interpreted to prohibit conduct that is legitimately related to the course content, teaching methods, scholarship, or public commentary of an individual faculty member or the educational, political, artistic, or literary expression of students in classrooms and public forums. However, freedom of speech and academic freedom are not limitless and do not protect speech or expressive conduct that violates federal or state anti-discrimination laws.
J. ADDITIONAL ENFORCEMENT INFORMATION
The Federal Equal Employment Opportunity Commission (EEOC) and the California Department of Fair Employment and Housing (DFEH) also investigate complaints of unlawful harassment, including sexual assault, sexual harassment, dating violence, domestic violence and stalking in employment.
The U.S. Department of Education Office for Civil Rights (OCR) investigates complaints of unlawful sexual assault, sexual harassment, dating violence, domestic violence and stalking by students in educational programs or activities.
These agencies may serve as neutral fact finders and attempt to facilitate the voluntary resolution of disputes with the parties. For more information, contact the nearest office of the EEOC, DFEH or OCR listed on the web or in the telephone directory.
TITLE IX/SEXUAL HARASSMENT OFFICE RECORDS AND FILES
UCSC Title IX Office's Records and Files: The Title IX Officer will maintain confidential records of all reports and complaints of sexual assault, sexual harassment, dating violence, domestic violence and stalking.
Two types of files will be maintained:
- Formal Complaint File
A formal complaint file will be maintained by the Title IX Officer by the last name of the accused. This file will contain all formal review documents, such as the complaint form, the Title IX Officer investigation report, any response by the accused to the report, any record of appeal by the complainant of the Title IX Officer findings and/or remedies and the result of the appeal, and a record of correspondence notifying the complainant and accused of actions taken and the progress of the complaint.
- Education/ Report File
Files will be maintained by the Title IX Officer on all reports whether they result in a formal investigation or not. These files will be maintained by the last name of the respondent and will include a summary of the report and the resolution of the problem, including any education the respondent received as a result of the report.
Access to Title IX Files:
Title IX records are considered private on a need and/or right to know only for purposes of access and will be maintained in a secure location. Both the complainant and respondent may have access to the record to the extent permitted by existing law. Other University officials may have access if the disclosure is relevant and necessary in the ordinary course of the performance of their official duties and is related to the purpose for which the information was acquired. Access may also be given in response to a subpoena, court order or other compulsory legal process; before the disclosure, the Title IX Officer should reasonably attempt to notify the individual to whom the record pertains, if the notification is not prohibited by law.
All Title IX files in the Title IX office will be retained until seven (7) years after separation of the respondent from university employment or in the case of a student until seven (7) years after graduation; provided there has been no further report or complaint concerning the conduct of the respondent for seven (7) continuous years, from the date of the last report or complaint, the file will be destroyed. All records pertaining to pending litigation or a request for records shall be maintained in accordance with instructions from legal counsel.
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