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 complaint resolution procedures for students to use if they have concerns or complaints regarding suspected sexual harassment. For information, students may call the Sexual Harassment Education Program, (752-9255) or the Sexual Harassment hotline (752-2255). Information is also available at http://shep.ucdavis.edu.  For the UC Davis sexual harassment policy, see http://manuals.ucdavis.edu/PPM/380/380-12.htm. 


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:

  • 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: The policy covers unwelcome conduct of a sexual nature. Consensual 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 relationships may begin as consensual, they may evolve into situations leading to charges of sexual harassment, subject to the 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, including a department chair, manager, supervisor, human resources coordinator, faculty member, academic supervisor, any non-student, non-volunteer coach of a sports team, or the Leadership Coordinator, Academic Coordinator or Conduct Coordinator in the residence halls. These designated officials are required to notify the Sexual Harassment Officer of the complaint.  Reports may also be made directly to the campus Sexual Harassment Officer (530-752-9255), the Title IX Officer (752-9466), or any Sexual Harassment Advisor (see http://shep.ucdavis.edu/advisors.htm). Reports should be made as soon as possible after the alleged conduct occurs, optimally within one year. Anonymous reports may be made to: A-CALL or (530) 752-2255. See P & PM Sections 380-12 Sexual Harassment 

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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 do not need to be reported to the Sexual Harassment Officer. 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 through early resolution or formal investigation.

Early Resolution: Early Resolution processes may include an inquiry into the facts, discussions with the parties, and recommended resolutions, but 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, or providing targeted educational and training programs.  While early resolution is encouraged, it is not required before initiating a formal investigation.

Formal Investigation: Some reports of sexual harassment may not be appropriate for early resolution, but may require a formal investigation. The wishes of the person reporting the alleged harassment will be considered, but are not determinative in the University’s decision to initiate a formal investigation.  If the University initiates a formal investigation, an investigator will be appointed who will interview the parties and other witnesses, review relevant evidence, and prepare a written report.

Discipline: Any member of the UC Davis community who is found after investigation to have engaged in sexual harassment in violation of University policy is subject to disciplinary action under the appropriate University policies and procedures, and has the right to a hearing and due process regarding any disciplinary sanctions.

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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; 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

The University recognizes that, as members of a public university community, the faculty and other academic appointees, staff and students enjoy significant free speech protections guaranteed by the First Amendment of the United States Constitution and Article I, Section I of the California Constitution. The sexual harassment policy is intended to protect members of the University community from discrimination, not to regulate protected speech. No provision of the policy prohibits conduct that is legitimately related to course content, teaching methods, scholarship, or public commentary of individual faculty or the educational, political, artistic, or literary expression of students in classrooms and public forums.

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Reports to 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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