Student Rights & Grievances - Sexual Harassment

UC Davis - Academic Integrity

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Sexual Harassment

Sexual harassment is prohibited by law and University policy. UC Davis has established informal and formal grievance procedures for students to use if they have concerns or complaints regarding suspected sexual harassment. For information, students may call the Sexual Harassment Information line (752-2255), consult the Sexual Harassment Advisor for their department or college, or contact the Sexual Harassment Education Office, (752-9255). See UC Davis Policy and Procedure Manual Section 380-12, Sexual Harassment Policies.


University and campus policy defines 'sexual harassment' as follows:

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when submission to or rejection of this conduct explicitly or implicitly:

  • Affects a person's employment or education,
  • Unreasonably interferes with a person's work or educational performance, or
  • Creates an intimidating, hostile or offensive working or learning environment.

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Persons affected and context

Sexual harassment may occur between any members of the UC community, including faculty, staff, and students, and may occur in hierarchical relationships or between peers, or between persons of the same sex or opposite sex. In determining whether the reported conduct constitutes sexual harassment, consideration is given to the conduct as a whole and to the totality of the circumstances, including the context in which the conduct occurred.

Voluntary relationships: This policy covers unwelcome conduct of a sexual nature. Consensual romantic relationships between members of the UC community may be subject to other policies (e.g., the Faculty Code of Conduct provisions on faculty-student relationships, Academic Personnel Manual Section 015). While romantic relationships may begin as consensual, they may evolve into situations leading to charges of sexual harassment, subject to this policy.

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How to Make a Report of Sexual Harassment

Members of the UC Davis community may report sexual harassment to any designated official, such as a supervisor dean, department chair, student advisor, residence hall staff, coach, police officer, or student judicial affairs staff. Reports may also be made to certain counselors and to sexual harassment advisors, or to the campus Sexual Harassment Officer (530-752-9255). Make the report as soon as possible after the alleged conduct occurs, preferably within one year. Anonymous reports may be made to: A-CALL or (530) 752-2255, or 4-CALL. See P & PM Sections 380-12 Sexual Harassment and 280-05 Procedure for Student Complaints of Prohibited Discrimination or Arbitrary Treatment.

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Confidentiality

UC Davis protects the privacy of persons involved in a report of sexual harassment to the extent possible under law and UC Policy, but may need to make disclosures in order to carry out a complete and fair investigation and ensure a working and learning environment free from sexual harassment.

Consulting with confidential resources does not constitute a report of sexual harassment, and such discussions are not subject to the disclosure requirement. No action will be taken to resolve the concerns without specific request or unless the person also makes a non-confidential report. The following are confidential resources:

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Procedures for Resolving Complaints of Sexual Harassment

Sexual harassment complaints may be resolved informally (for example, by early resolution ) or formally (by a fact-finding investigation or formal hearing).

Early Resolution: Early Resolution processes are flexible and may include an inquiry into the facts, discussions with the parties, and recommended resolutions, but usually do not include a formal fact-finding investigation. A full range of possible outcomes is available through early resolution, such as providing remedies for the individual harmed by the harassment, negotiating an agreement for disciplinary action, separating the parties, referring the parties to counseling programs or mediation, conducting a follow-up review after a period of time to assure that the resolution has been effective, or providing targeted educational and training programs. This process may be appropriate for responding to anonymous reports and/or third party reports. While early resolution is encouraged, it is not required before initiating a formal investigation.

Formal Investigation, Fact-Finding, or Hearing: Some reports of sexual harassment may not be appropriate for early resolution, but may require a formal investigation or hearing. Formal processes include appointing an official to conduct an investigation and make findings of fact, or holding a formal evidentiary hearing under applicable complaint and/or disciplinary procedures.

Discipline: Any member of the UC community who is found to have engaged in sexual harassment is subject to disciplinary action up to and including dismissal. Generally, discipline is recommended when the harassing 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. See also Disciplinary Action against University Students, Staff and Faculty.

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Remedies

If there is a finding of sexual harassment or when otherwise appropriate, the campus may offer remedies to those harmed such as counseling, a chance to repeat course work without penalty, changes to housing assignments, or other interventions.

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Retaliation Prohibited

The policy prohibits retaliation against any person who reports sexual harassment, helps someone with a report, or takes any part in an investigation or resolution of a sexual harassment report. Retaliation includes threats, intimidation, reprisals, or adverse actions that are related to employment or education. A report of retaliation is treated as a report of sexual harassment and is subject to the same procedures.

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Intentionally False Reports of Sexual Harassment

One who makes a report that is later found to have been intentionally false or made maliciously without regard for truth may be subject to disciplinary action as described above; this section does not apply to reports made in good faith, even if the alleged facts cannot be substantiated by an investigation.

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Free Speech and Academic Freedom

UC 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 University policy and state and federal laws protecting free expression and academic freedom, sexual harassment or other grievance policies shall not 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. Freedom of speech and academic freedom are not limitless and do not protect speech or expressive conduct that violates federal or state laws.

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Additional Investigation and Enforcement by Outside Agencies

The federal Equal Employment Opportunity Commission and the California Department of Fair Employment and Housing investigate complaints of unlawful harassment in employment (Title VII). The U.S. Department of Education Office for Civil Rights investigates complaints of unlawful harassment of students in educational programs or activities (Title IX). These agencies may serve as neutral fact finders and may try to facilitate the voluntary resolution of disputes with the parties. For more information, contact the regional office for the relevant agency.

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