Report 2013-124 Recommendation 8 Responses

Report 2013-124: Sexual Harassment and Sexual Violence: California Universities Must Better Protect Students by Doing More to Prevent, Respond to, and Resolve Incidents (Release Date: June 2014)

Recommendation #8 To: University of California, Berkeley

To help ensure that university faculty and staff do not mishandle student reports of incidents, all faculty and staff should receive training annually, consistent with their role, on their obligations in responding to and reporting incidents of sexual harassment and sexual violence.

Annual Follow-Up Agency Response From October 2018

In 2018, UC Berkeley released a new module for faculty and supervisory employees. As such, annually, every employee is required to complete an interactive training—whether in-person or online—to ensure that university faculty and staff do not mishandle student reports of incidents. This training requirement is ongoing, required annually of each employee, and the campus systematically ensures compliance of the training requirement via the Learning Management System. The training addresses key prevention strategies, employee obligations, response to disclosures, and confidential and reporting resources.

California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented

Annual Follow-Up Agency Response From November 2017

UC Berkeley requires all employees to complete annual training in order to improve the campus response to and prevention of sexual violence and sexual harassment. This training requirement is ongoing and required annually of each employee. The campus systematically ensures compliance of the training requirement via the Learning Management System. The training addresses key prevention strategies, employee obligations, response to disclosures, and confidential and reporting resources. In addition to the annual training requirement, University leadership provides essential notices, reminders, and updates to the campus prevention and response efforts twice annually.

California State Auditor's Assessment of Annual Follow-Up Status: Partially Implemented

The training that UC Berkeley refers to was established in accordance with a requirement for annual training in UC's revised systemwide Sexual Violence and Sexual Harassment policy. UC's Office of the President mandated how campuses would meet the requirement and specified that in the first year of the two-year cycle, employees would be required to take a training course that differed depending on if they were faculty or staff. However, in the second year, the training requirement is to be met by a message from campus leadership reinforcing the contents of the policy and employee reporting obligations. Although we believe that such reinforcement messages can be beneficial, they are not a substitute for a training course for faculty and staff, and thus we have assessed this recommendation as partially implemented.

Annual Follow-Up Agency Response From October 2016

As part of the University's ongoing efforts to improve how it prevents and responds to sexual violence and sexual harassment on UC campuses, the Office of the President developed two new eCourses specifically geared towards the new Sexual Violence Sexual Harassment Policy implemented January 2016. All University employees were required to complete one of the online courses depending on their job status by May 1, 2016, or based on the mandated training schedule as prescribed by AB125. Also, in person Live Theater on sexual violence and sexual harassment was offered February 28, 2016 that supplemented online training for staff and faculty.

Additionally, to supplement the University's mandatory online sexual harassment and prevention training, the campus developed a customized curriculum for senior leaders including the Chancellor's cabinet, Council of Deans, and Department Chairs to enhance the understanding of UC policy, procedures and responsibilities in creating a culture of education and prevention.

California State Auditor's Assessment of Annual Follow-Up Status: Not Fully Implemented

Although nonsupervisory employees were required to attend training on sexual violence and sexual harassment, this is not annual ongoing training. Further, the supervisory training that is required under AB 125 is conducted every two years and does not address our recommendation. Therefore, we have assessed this recommendation as not fully implemented.

Annual Follow-Up Agency Response From September 2015

The UC President's Task Force on Preventing and Responding to Sexual Violence and Sexual Assault is in its implementation phase and includes the initiation of mandatory training for staff and faculty on an annual basis. Systemwide working groups are vetting the content (which must be consistent across all UC campuses), and developing plans to launch this online training in January 2016. This mandatory training requirement emanates from the UC system, as opposed to a particular campus, and decisions about timing are made at the systemwide level.

California State Auditor's Assessment of Annual Follow-Up Status: Not Fully Implemented

1-Year Agency Response

As part of the implementation of recommendations from the UC systemwide Task Force on Preventing and Responding to Sexual Violence and Sexual Assault, the UC Office of the President is purchasing modules for online training that will contain all the content elements required in CA AB 1825, VAWA/Campus SaVE, and other relevant laws. Faculty and staff required training will now be administered annually instead of every two years. This online education will be considered a floor and not a ceiling, with in-person workshops and other educational tools being developed to supplement the mandatory online education. These supplemental tools will be developed by members of the newly created Coordinated Community Review Team (CCRT) - a new campus structure emerging from the UC Task Force that replaces the Title IX Compliance Advisory Committee. In addition, staff involved in the investigation and adjudication of complaints, as well as others involved in "first responder" roles have undergone specific trauma-focused training related to sexual violence, and will undertake this kind of training on an annual basis.

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

UC Berkeley is still working on providing mandatory training to all faculty and staff. Per the UC systemwide Task Force recommendations, the roll-out of annual faculty and staff programs is targeted for January 2016. Therefore, we have assessed this recommendation as partially implemented.

6-Month Agency Response

All supervisors and faculty are required to complete an online sexual harassment prevention program every two years. The program has been updated and modified to include reporting responsibilities and information required under the Violence Against Women Act (VAWA). President Napolitano's Task Force will be making recommendations concerning training and education for all staff and faculty.

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

60-Day Agency Response

All supervisors and faculty are required to complete an online sexual harassment prevention program every two years. The program has been updated and modified to include reporting responsibilities and information required under the Violence Against Women Act (VAWA). The policy notice will be distributed annually to reinforce training and awareness, including reporting obligations. Working with University of California Office of the President to develop supplemental AB1825 training. President Napolitano's Task Force will be making recommendations concerning training and education for all staff and faculty.

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

All Recommendations in 2013-124

Agency responses received are posted verbatim.