Report 2017-125 Recommendation 2 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 #2 To: University of California Board of Regents

To achieve prompt resolution of sexual harassment complaints against faculty respondents, the Regents should ensure that the Academic Senate further defines its bylaws with written requirements for the tenure committee that specify exact time frames for completing the phases of the disciplinary process. The following change should take effect by July 2019:

Require that the tenure committee issue a recommendation within 30 calendar days of concluding the hearing. The written requirements should define when a hearing is considered concluded.

1-Year Agency Response

In April 2019, the Academic Senate approved changes to Academic Senate by-law 336, effective July 1, 2019, which require that a hearing be scheduled to begin within 60 calendar days from the date the chancellor files charges with the Privilege and Tenure Committee unless the Privilege and Tenure Committee chair extends this time frame for good cause. Good cause is defined in the revised bylaws as "material or unforeseen circumstances sufficient to justify the extension sought." The revised bylaws further stipulate that a request to delay the start of the hearing beyond the 60 days must include adequate documentation of the basis for the request.

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

6-Month Agency Response

On September 26, 2018, at the behest of the chair of the Board of Regents' Committee and Audit Committee, the Chair of the UC Academic Senate reported on the progress in implementing changes to Senate privilege and tenure procedures to incorporate the specific time frames for hearings to commence and report recommended by the California State Auditor. The Academic Senate Chair reported that Academic Senate leadership and leadership of the University Committee on Privilege and Tenure (UCPT) and the University Committee on Rules and Jurisdiction (UCRJ) were discussing how the committees would further define Academic Senate by-laws to incorporate the CSA recommendations. The Academic Senate Chair outlined to the Regents' committee the process of amending the Academic Senate by-laws, along with other steps the Academic Senate intended to take in implementing the revised procedures.

UCPT has met through the Fall, and has drafted a revision to Academic Senate by-law 336 governing Privilege and Tenure disciplinary hearings, which incorporates the new time frames. UCRJ has reviewed the draft, and their input and comments are reflected in the draft.

On December 12th, 2018, the Academic Council discussed UCPT's proposed draft revision of Senate by-law 336. On December 13th, 2018, the draft by-law was transmitted to the divisions and committees of the Academic Senate for a 90-day review, after which any revisions to be incorporated will be reviewed by UCPT and UCRJ. The revised by-law will be an action item for the April, 2019 meeting of the Academic Council, and if approved by the Council, will be an action item for the June, 2019 meeting of the Academic Assembly, who exercise final approval authority. Changes to the Senate by-laws and procedures will be completed in accordance with deadlines for implementation set by the CSA.

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

The Academic Senate has drafted changes to its bylaws; those changes are progressing through the review and approval process.

60-Day Agency Response

On June 21, 2018, the day the audit report was released, The Chair of the Board of Regents issued a communication to leadership of the Academic Senate asking the Senate to, as soon as possible, begin the process to implement these recommendations by July 2019, and provide periodic updates to the Regents on its progress.

On July 31, 2018, the Chair of the Academic Council sent a response to Chair Kieffer indicating that the Academic Council unanimously supported enacting the recommendations for achieving prompt resolution of sexual harassment complaints and has already asked the University Committee on Privilege and Tenure (UCPT) and the University Committee on Rules and Jurisdiction (UCRJ) to examine the recommendations on Council's behalf. Specifically, Council asked those committees to consider a bylaw change and/or the development of a guidance document for campus P&T committees which would also include a checklist for each step of the P&T hearing process, as well as a simple visual representation of the overall complaint, investigation, and disciplinary process that would be available to all members of the University community. The Academic Council Chair also indicated in his communication that he fully expects the Academic Senate to take substantive action and meet the July 2019 deadline, and that Academic Senate leadership would be pleased to provide the Regents with periodic updates.

The Regents have asked the Chair of the Academic Council to provide an update on the Senate's progress implementing these recommendation at the September 2018 meeting of the Board of Regents.

California State Auditor's Assessment of 60-Day Status: No Action Taken

The Regents and the Academic Senate have issued communications expressing their intent to implement the recommendation by the July 2019 deadline. We look forward to reviewing the progress of the Academic Senate in its six-month response.

All Recommendations in 2017-125

Agency responses received are posted verbatim.