Report 2017-125 Recommendation 8 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 #8 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 modify university policy to require that the campus office either participate directly in the resolution with the respondent and responsible campus officials or that the campus office receive written confirmation from the responsible campus officials describing the resolution and documenting that it took place.

1-Year Agency Response

On July 31, 2019, President Napolitano issued a revised systemwide SVSH Policy. As revised, the policy specifies that the Title IX Officer must maintain oversight and appropriate involvement in the informal resolution process. The revised SVSH Policy further specifies that, upon conclusion of an informal resolution process, the Title IX Officer must obtain documentation from other campus officials involved in the resolution, if any, in accordance with 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 that govern the Alternative Resolution process and address the Title IX office's responsibility to maintain oversight and obtain the requisite documentation.

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 specifying that the Title IX Officer must maintain oversight and appropriate involvement in the informal resolution process. The draft SVSH Policy revisions further specify that, upon conclusion of an informal resolution process, the Title IX Officer must obtain documentation from other campus officials involved in the resolution, if any, in accordance with guidelines issued by the Systemwide Title IX Office. 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 alternative 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 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 specifying that the Title IX Officer must maintain oversight and appropriate involvement in the informal resolution process. The draft SVSH Policy revisions further specify that, upon conclusion of an informal resolution process, the Title IX Officer must obtain documentation from other campus officials involved in the resolution, if any, in accordance with guidelines issued by the Systemwide Title IX Office. The Systemwide Title IX Office is informally consulting with University stakeholders on the draft SVSH 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.