Report 2017-125 Recommendation 12 Responses

Report 2017-125: The University of California: It Must Take Additional Steps to Address Long-Standing Issues With Its Response to Sexual Harassment Complaints (Release Date: June 2018)

Recommendation #12 To: University of California

To ensure that the campuses are using the administratively closed classification correctly and consistently, the Office of the President should modify university policy to include criteria for identifying and classifying complaints as closed. These criteria should identify the circumstances in which it is appropriate to close cases and the documents that campuses should retain. The criteria should also define what services campuses should provide to complainants and detail the type of communication campuses should provide to them. These modifications should take effect by July 2019.

1-Year Agency Response

On July 31, 2019, President Napolitano issued a revised systemwide SVSH Policy. As revised, the policy explaining the circumstances under which it is appropriate for Title IX Officers to close reports following their initial assessment (i.e., without a formal resolution process), and that such closures must be made in accordance with written guidelines issued by the Systemwide Title IX Office. On July 15, 2019, the Systemwide Title IX Office issued guidelines developed in consultation with the campus Title IX officers that detail the communication campuses should provide to parties, identify the documentation campuses should retain, and provide other instruction to promote consistent application of administrative closure.

California State Auditor's Assessment of 1-Year Status: Fully Implemented

6-Month Agency Response

The Systemwide Title IX Office drafted revisions to the SVSH Policy explaining the circumstances under which it is appropriate for Title IX Officers to close reports following their initial assessment (i.e., without a formal resolution process), and that such closures must be made in accordance with written guidelines issued by the Systemwide Title IX Office. The revisions further provide that the Title IX Officers will still, where appropriate, take steps to stop, prevent and remedy misconduct, and provides examples of such steps. Formal review of the SVSH Policy revisions required by University procedures concluded on December 17, 2018. The Systemwide Title IX Office is considering comments received during the formal review, and will finalize the SVSH Policy and submit it to OCR for review and approval in February 2019. Following consultation with its campus partners, the Systemwide Title IX Office will develop and issue the referenced guidelines by July 2019. The guidelines will detail the communication campuses should provide to parties, identify the documentation campuses should retain, and provide other instruction to promote consistent application of administrative closure.

California State Auditor's Assessment of 6-Month Status: Pending

The Office of the President has drafted necessary policy and is in the review and approval process.

60-Day Agency Response

The Systemwide Title IX Office University drafted revisions to the SVSH Policy explaining the circumstances under which it is appropriate for Title IX Officers to close reports following their initial assessment (i.e., without a formal resolution process), and that such closures must be made in accordance with written guidelines issued by the Systemwide Title IX Office. The revisions further provide that the Title IX Officers will still, where appropriate, take steps to stop, prevent and remedy misconduct, and provides examples of such steps. The Systemwide Title IX Office is informally consulting with University stakeholders on the draft SVSH Policy revisions, and will begin the formal review process required by University procedures in September 2018. Following consultation with its campus partners, the Systemwide Title IX Office will develop and issue the referenced guidelines prior to or concurrently with issuance of the revised SVSH Policy, by July 2019. The guidelines will detail the communication campuses should provide to parties, identify the documentation campuses should retain, and provide other instruction to promote consistent application of administrative closure.

California State Auditor's Assessment of 60-Day Status: Pending

All Recommendations in 2017-125

Agency responses received are posted verbatim.