Statement of Non-Discrimination and Harassment and Discrimination Reporting Procedures
This page contains the University of California College of the Law, San Francisco’s Statement of Nondiscrimination and its procedures for reporting harassment and other forms of discrimination.
Statement of Non-Discrimination
The University of California College of the Law, San Francisco prohibits discrimination against any person on the basis of race, color, national origin, religion, age, sex, gender, sexual orientation, gender expression, gender identity, gender transition status, sex- or gender-stereotyping, pregnancy, physical or mental disability, medical condition (e.g., cancer-related or genetic characteristics), genetic information (including family medical history), ancestry, marital status, citizenship, or service in the uniformed services, including protected veterans. This policy is intended to be consistent with applicable state and federal laws and the law school’s policies.
Every person at UC Law SF has the right to pursue an academic or professional career in an atmosphere that is safe and free from prohibited acts of discrimination, harassment, or violence, including sexual abuse, rape, sexual assault, domestic violence, intimate-partner violence, stalking, sexual coercion, or other forms of sexual violence. Bigotry, harassment, or intimidation is particularly insidious when directed at a member or group of the UC Law SF community on the basis of actual or perceived race, color, national origin, religion, age, sex, gender, sexual orientation, gender expression, gender identity, gender transition status, sex- or gender-stereotyping, pregnancy, physical or mental disability, medical condition (e.g., cancer-related or genetic characteristics), genetic information (including family medical history), ancestry, marital status, citizenship, or service in the uniformed services, including protected veterans, or any combination of these or related factors; and, to the degree it constitutes prohibited bias activity, such conduct will also not be tolerated. UC Law SF complies with Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, the Americans with Disabilities Act, as amended, Section 504 of the Rehabilitation Act of 1973, and Title VII of the Civil Rights Act of 1964, as well as applicable state and local laws. This nondiscrimination policy covers admissions to, access to and treatment in UC Law SF-sponsored programs and activities.
Title IX and Sexual Misconduct Reporting
Any member of the UC Law SF College of the Law community who believes he or she has been subjected to prohibited conduct in violation of the Sexual Misconduct Policy (“Prohibited Conduct” and “SMP” or “Policy”) is encouraged to report such a concern to Title IX Coordinator Andrea Bing or to the US Department of Education’s Office for Civil Rights (contact information below). Additionally, any person with knowledge of Prohibited Conduct is encouraged to report the concern to the Title IX Coordinator.
Except for UC Law SF-recognized confidential resources, the following UC Law SF members with knowledge of unreported Prohibited Conduct (or potentially Prohibited Conduct) must report such allegations to the Title IX Coordinator: (a) faculty and teaching staff, including adjunct faculty, lecturers in law, and visiting faculty, and (b) all other UC Law SF employees.
A report of Prohibited Conduct need not be in writing.
2020 Title IX Policy Updates
In order to comply with the U.S. Department of Education’s (“DOE”) newly issued regulations for how colleges manage Title IX cases, UC Law SF has adopted an interim Sexual Misconduct Policy (“SMP”) which covers the new Title IX requirements for adjudicating cases of prohibited sexual conduct. The regulations require that the changes be implemented by August 14, 2020. Many of the changes narrow the definitions and jurisdiction of Title IX, while requiring sweeping changes to the complaint and adjudication process and how it must be structured.
The College has taken the approach of implementing required changes while still ensuring that an appropriate response is made to all allegations of sexual harassment and misconduct beyond what Title IX prescribes. In most instances, this means that the rights and due process protections for Title IX cases and other Sexual Misconduct Policy cases will be the same and they will proceed under nearly identical processes.
A document outlining the major changes to the UC Law SF Policy will be posted on this website shortly. One of the main changes that may be noted when looking at the policy is that sex/gender-based discrimination has been removed from the title of the policy and the policy itself. This should not be interpreted as the College removing discrimination as a form of misconduct or taking complaints any less seriously than harassment complaints, but rather, a conscientious decision by the College to treat discrimination cases (e.g. race, sex, gender, ethnicity) under a similar complaint and adjudication process (unless otherwise prescribed by Federal law or College policy). Gender-based or sex-based discrimination complaints should still be filed with the Title IX Coordinator.
The new Policy applies to all allegations that occur on or after August 14, 2020. For incidents that took place before and were not reported or for current cases, the previous Gender-Based Harassment, Discrimination, and Sexual Misconduct Policy will still apply.
Reporting Misconduct/Response Process
- Reporting of Misconduct: Any member of the community, guest or visitor who believes that the Sexual Misconduct Policy has been violated should contact the Title IX Coordinator. In the event that an incident involves alleged misconduct by the Title IX Coordinator, reports should be made directly to the Chancellor & Dean.
- Supportive Measures: Supportive measures are non-disciplinary, non-punitive services provided to a complainant or respondent before or after the filing of a complaint or where no complaint has been filed. They are designed to restore or preserve equal access to the College’s education programs and activities without unreasonably burdening the other party.
- Resolution Processes:
- Facilitated Resolution: A complainant who does not wish to file a complaint may request a facilitated resolution. Facilitated resolution is a voluntary, remedies-based resolution process that balances support and accountability without formal disciplinary action.
- Complaint-Based Process: A complainant may file a complaint with the Title IX Coordinator, which will trigger an investigation by the College and, possibly, a hearing and determination of responsibility against the respondent with appropriate sanctions.
- Complaint: A written statement submitted by an individual in order to initiate the College’s grievance process alleging that another individual or individuals engaged in sexual misconduct against them. A complaint is not required in order for an individual to request and receive supportive measures related to an allegation of sexual misconduct.
- Alternative Resolution: Alternative Resolution can be pursued for any behavior that falls within the policy on Sexual Misconduct at any time during the process after a complaint has been filed.
- Hearing-Based Resolution: Resolution of contested allegations.
The Title IX Coordinator will receive all formal Prohibited Conduct Grievances and reports of Prohibited Conduct.
- Remedial Measures: After a report or formal grievance reaches the Title IX Coordinator, the Coordinator may recommend that remedial measures be adopted. Remedial measures shall be reasonably calculated action to stop the Prohibited Conduct, prevent its reoccurrence, and protect the Complainant and may include no-contact orders.
- Retaliation: Retaliation is defined as any adverse action taken against a person participating in a protected activity because of their participation in that protected activity. Protected activity includes report or disclosure of Prohibited Conduct under this Policy and/or participation in the investigation, reporting, remedial, or disciplinary process provided for in this Policy. Retaliation against an individual for an allegation, for supporting a reporting party or for assisting in providing information relevant to an allegation is a serious violation of College policy. Acts of alleged retaliation should be reported immediately to the
Title IX Coordinator and will be promptly investigated. UC Law SF is prepared to take appropriate steps to protect individuals who fear that they may be subjected to retaliation. Retaliation includes threats, intimidation, reprisals, and/or adverse employment or educational actions.
Formal Resolution: Resolution of contested allegations.
- Due Process: During a formal investigation, both the Complainant and the Respondent shall be afforded due process. Additionally, the Complainant and Respondent have the right to have an advisor of their choosing present at all meetings and interviews.
- Investigation: The Investigator will interview both the Complainant and the Respondent about the alleged Prohibited Conduct. Both the Complainant and the Respondent may provide witnesses, who shall also be interviewed, in relation to the alleged Prohibited Conduct. After a thorough investigation, the Investigator will submit an investigation report with all relevant evidence related to the allegations that was reviewed by the investigator.
- Standard of Review-Preponderance of the Evidence: The College uses preponderance of the evidence (i.e., whether it is more likely than not that the responding party committed each alleged violation) or clear and convincing standard (i.e. highly probable), depending on the sanction. To sustain a charged violation, the College bears the burden of proof by a preponderance of the evidence, except a violation giving rise to a sanction of Dismissal/Termination must be supported by clear and convincing evidence.
If the Complainant or the Respondent is dissatisfied with the final determinations of a Formal Resolution made under the Policy, both have a right to appeal the outcome. All requests for appeal consideration must be submitted in writing to the Title IX Coordinator within five (5) days of the delivery of the written finding of the hearing.
Grounds for Appeal: Any party may appeal the findings and/or sanctions only under the grounds described, below:
- A procedural error or omission occurred that significantly impacted the outcome of the hearing (e.g. substantiated bias, material deviation from established procedures, etc.).
- To consider new evidence, unknown or unavailable during the original hearing or investigation, that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included.
- The sanctions imposed fall outside the range of sanctions the College has designated for this offense and the cumulative record of the responding party.
Policy on Discrimination, Protected-Status Harassment, Sexual Harassment, and Sexual Assault and Violence Related to Students
The University of California College of the Law, San Francisco (UC Law SF) is a community of students and professionals committed to upholding the principles of academic integrity and honesty and the highest standards of professional conduct in teaching, learning, research, and service. In expression of this commitment, and in strict compliance with federal, state, and local laws, UC Law SF has adopted a policy prohibiting acts of discrimination, bias, protected-status harassment, sexual harassment, and sexual assault and violence against students, and establishing procedures for responding to violations against students by students, employees, other students, or third parties. An electronic copy of the policy is e-mailed to each student at the time of orientation.
Every student at UC Law SF has the right to pursue their academic or professional career in an atmosphere that is safe and free from prohibited acts of discrimination, harassment, or violence, including sexual abuse, rape, sexual assault, domestic violence, intimate-partner violence, stalking, sexual coercion, or other forms of sexual violence by or against students. Bigotry, harassment, or intimidation is particularly insidious when directed at a member or group of the UC Law SF community on the basis of actual or perceived age, color, creed, physical or mental disability, ethnicity, gender, gender identity or expression, marital status, national origin, race, religion, sexual orientation, military or veteran status, or any combination of these or related factors; and, to the degree it constitutes prohibited bias activity, such conduct will also not be tolerated. The occurrence of prohibited activity violates the trust that is essential to the thriving of UC Law SF’s academic and professional environment, threatens the well-being of UC Law SF students and ultimately undermines UC Law SF’s core mission.
Contained in the policy is a detailed description of the different types of prohibited conduct and the duties that arise under the policy, including UC Law SF’s policy on mandatory reporting. The policy also details the procedures for filing a complaint and the options that are available prior to or in lieu of a formal complaint, including the option to seek advice or informal resolution, or to report anonymously. Information is provided about the possibility of limited immunity for related misconduct. Further detailed in the policy is the period of limitations for the filing of a complaint, the evidentiary standard applied in the formal investigatory process, rights of the various parties during and throughout the investigatory and appellate process, and all other aspects of the protocol governing investigation and resolution of a complaint. Finally, the policy contains a detailed list of the responsibilities of the various parties in connection with the policy, and a list of resources for survivors and perpetrators of sexual assault/violence.
The Policy is binding upon all students of UC Law SF and describes processes by which redress and remediation can be provided to individuals or groups who believe they have been the victims of prohibited conduct. Where sexual misconduct is involved, the policy is presumed to supersede all other procedures and policies set forth in other UC Law SF policies. The Policy establishes standards and procedures for the reporting and investigation of complaints, the dispensation of disciplinary action, and the provision of information pertaining to the pursuit of criminal or other legal action, where appropriate. Members of the UC Law SF community who have relevant information are expected to cooperate with any investigations conducted pursuant to the Policy. Ignorance of the Policy is not an excuse for its violation. Acts in retaliation for complaints filed pursuant to the policy will not be tolerated.
UC Law SF will respond to the fullest extent of its authority to violations of the Policy. The Policy applies to allegations of misconduct made by or against students regardless of where the misconduct may have occurred, to the degree that the conduct giving rise to the complaint is related to UC Law SF’s social, cultural, academic, extracurricular, educational, or professional activities. Additionally, although there is no geographical limitation to applicability of the Policy, sexual misconduct that is alleged to have occurred at a significant distance from UC Law SF’s property may be more difficult for UC Law SF to investigate.
Complaints regarding inappropriate workplace conduct that is not covered by the Policy should be directed to the UC Law SF Department of Human Resources. Complaints by faculty of unlawful discrimination in reappointment, promotion, and tenure are governed by procedures set out in the UC Law SF Faculty Rules and Regulations. Complaints alleging misconduct by students that is not covered by the Policy are governed by the UC Law SF Student Conduct Code and should be directed to the Office of the Associate Academic Dean.
Employee Process Regarding Harassment
Employees may bring complaints regarding sexual harassment and harassment based on pregnancy, childbirth or related medical conditions, race, religious creed, color, gender, national origin or ancestry, physical or mental disability, medical condition, marital status, registered domestic partner status, age, sexual orientation or any other basis protected by federal state or local law or ordinance or regulation under the following policy: Personnel Non-Harassment Policy. Employees may also bring complaints under the Gender-Based Harassment, Discrimination and Sexual Misconduct Policy.
Any member of the UC Law SF College of the Law community who believes he or she has been subjected to unlawful discrimination on the basis of disability is encouraged to report such a concern to the ADA-Section 504 Coordinator, Andrea Bing, or to the US Department of Education’s Office for Civil Rights. Andrea Bing is responsible for coordinating UC Law SF’ compliance with these disability rights laws. Questions or concerns related the rights of persons with disabilities may also be directed to her.
Additionally, any student who believes he or she has been discriminated against on the basis of disability may file a grievance under the Students with Disabilities policy.