Report 2017-125 Recommendation 22 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 #22 To: University of California

To ensure that university policy complies with best practices, the systemwide office should amend that policy by July 2019 to incorporate the following provision in addition to the other changes that it has already agreed upon in its resolution with OCR:

Procedures to ensure that the informal process provides prompt and equitable resolution of complaints.

1-Year Agency Response

On July 31, 2019, President Napolitano issued a revised systemwide SVSH Policy. As revised, the policy specifies a timeframe for resolution of the alternative resolution process, and provides that upon extension of the timeframe for good cause, the Title IX Office will notify the Complainant and Respondent in writing the reason for the extension and the projected new timeline. The policy revisions also specify that the Title IX Officer will consider, approve, and communicate extensions according to written guidelines from the Systemwide Title IX Office. On July 15, 2019, the Systemwide Title IX Office issued guidelines that define and provide examples of good cause, specify a standard extension period, explain at what point approval of extensions is required from the Systemwide Title IX Office, explain the parties' rights in the process, specify the notices to be provided to parties, and otherwise define the 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 specifying a timeframe for the informal resolution process, and requiring that upon extension of the timeframe for good cause, the Title IX Officer will notify the Complainant and Respondent in writing 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 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 timelines for formal investigations in November 2018. The frameworks define and provide examples of good cause and specify a standard extension period. 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

To ensure the informal resolution process is prompt, the Systemwide Title IX Office drafted revisions to the SVSH Policy specifying a timeframe for the informal resolution process, and requiring that upon, extension of the timeframe 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 campus Title IX Officers will consider, approve, and communicate extensions according to written guidance from the Systemwide Title IX Office. To ensure the informal process is equitable, the Systemwide Title IX Office drafted revisions to the SVSH Policy specifying that, in accordance with guidance issued by the Systemwide Title IX Office, the campus Title IX Officers will provide written notifications to parties about their rights and what to expect in connection with the processes; inform parties who agree to participate that the process is voluntary and that they have the right to terminate it at any time before the parties have agreed to the terms of the informal resolution; maintain oversight and appropriate involvement in the process and obtain documentation of resolutions from other involved campus officials, if any; and document agreements reached through the 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 guidance 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.