Report 2017-125 Recommendation 10 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 #10 To: University of California

To ensure timely completion of investigations, the Office of the President should modify university policy to address investigation extensions. The policy changes should include, but not be limited to, defining good cause for an extension as material or unforeseen circumstances directly related to the complaint, specifying a standard extension period, requiring that an extension be requested and granted before the initial 60 business-day period expires, and specifying the time frame within which a campus must notify the parties about each approved extension. The policy should also outline examples of the material or unforeseen circumstances that could warrant an extension and specify the number of extensions available for an investigation before requiring approval from the systemwide coordinator. The changes should take effect by July 2019.

1-Year Agency Response

On July 31, 2019, President Napolitano issued a revised systemwide SVSH Policy. The revised policy provide that, upon extension of the timeframe specified in the policy for good cause, the Title IX Officer will notify the parties in writing of the reason for the extension and the projected new timeline.

On July 15, 2019, the Systemwide Title IX Office issued guidelines developed in consultation with the campus Title IX officers that provide examples of good cause, specify a standard extension period, require that extensions be communicated to parties before the timeframe expires, and specify when extensions must be approved by the Systemwide Title IX Director.

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

6-Month Agency Response

The SVSH Policy currently provides that, upon extension of the timeframe specified in the Policy for good cause, the Title IX Officer will notify the Complainant and Respondent in writing of the reason for the extension and the projected new timeline. The revisions specify that the Title IX Officer will consider, approve, and communicate extensions according to written guidance from 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 its campus partners, the Systemwide Title IX Office issued interim frameworks governing timeline extensions in November 2018. The frameworks define and provide examples of good cause, specify a standard extension period, and require that extensions be communicated to parties before the timeframe expires. The Systemwide Title IX Office will use these frameworks to develop the guidance referenced in the SVSH Policy by July 2019. The guidance will specify the when extensions must be approved by the Systemwide Title IX Coordinator.

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 SVSH Policy currently provides that, upon extension of the timeframe specified in the Policy for good cause, the Title IX Officer will notify the Complainant and Respondent in writing of the reason for the extension and the projected new timeline. The revisions specify that the Title IX Officer will consider, approve, and communicate extensions according to written guidance from 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. The written guidance will define and provide examples of good cause, specify a standard extension period, require that extensions be communicated to parties before the timeframe expires, and specify the when extensions must be approved by the Systemwide Title IX Coordinator.

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

All Recommendations in 2017-125

Agency responses received are posted verbatim.