Report 2017-125 Recommendation 7 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 #7 To: University of California

To ensure that campuses administer the informal process correctly for complaints alleging conduct that would violate university policy, by July 2019 the Office of the President should identify required elements for communications that inform a complainant and respondent of the informal and formal processes available to address the complaint, as well as what to expect of each process, and that also inform the complainant of his or her right to end the informal process at any time by requesting the formal process. The Office of the President should require the campuses to integrate these required elements into their processes.

1-Year Agency Response

On July 31, 2019, President Napolitano issued a revised systemwide SVSH Policy. As revised, the policy requires that campus Title IX Officers inform parties who agree to participate the informal process that the process is voluntary, and that they have the right to terminate the process at any time, to be accompanied by an advisor, and to receive written notice of the outcome. The draft SVSH Policy revisions further specify that the Title IX Officer must provide written notifications to parties about their rights and what to expect in connection with resolution processes in accordance with guidelines issued by the Systemwide Title IX Office. The Systemwide Title IX Office issued guidelines on July 15, 2019 that identify required elements for communications that inform a complainant and respondent of the informal and formal processes available to address the complaint, as well as what to expect of each process, and that also inform the parties of their right to end the informal process at any time by requesting the formal process.

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 requiring that campus Title IX Officers inform parties who agree to participate the informal process that the process is voluntary, and that they have the right to terminate the process at any time, to be accompanied by an advisor, and to receive written notice of the outcome. The draft SVSH Policy revisions further specify that the Title IX Officer must provide written notifications to parties about their rights and what to expect in connection with the informal and formal resolution processes in accordance with guidelines issued by the Systemwide Title IX Office. The guidelines will identify required elements for communications that inform a complainant and respondent of the informal and formal processes available to address the complaint, as well as what to expect of each process, and that also inform the complainant of his or her right to end the informal process at any time by requesting the formal process. 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 the Office for Civil Rights (OCR) for review and approval in February 2019. Following consultation with campus Title IX Officers, the Systemwide Title IX Office issued interim frameworks governing the informal resolution process in November 2018. The Systemwide Title IX Office will use these frameworks to develop the guidance referenced in the SVSH Policy by July 2019.

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

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

60-Day Agency Response

The Systemwide Title IX Office drafted revisions to the SVSH Policy requiring that campus Title IX Officers inform parties who agree to participate the informal process that the process is voluntary, and that they have the right to terminate the process at any time, to be accompanied by an advisor, and to receive written notice of the outcome. The draft SVSH Policy revisions further specify that the Title IX Officer must provide written notifications to parties about their rights and what to expect in connection with the informal and formal resolution processes in accordance with guidelines issued by the Systemwide Title IX Office. The guidelines will identify required elements for communications that inform a complainant and respondent of the informal and formal processes available to address the complaint, as well as what to expect of each process, and that also inform the complainant of his or her right to end the informal process at any time by requesting the formal process. 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.

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

All Recommendations in 2017-125

Agency responses received are posted verbatim.