Undergraduate and graduate students who have experienced sexual violence can speak confidentially to a Campus CARE Advocate to understand their rights and reporting options, including the option not to report. Students will also receive written explanations of these rights and reporting options. In addition, CARE advocates will inform students about counseling and other support resources that are available. Students accused of sexual violence or sexual harassment can refer to one of UCSB’s Respondent Services Coordinators to help them understand their rights, the university’s investigation and adjudication process, and available resources.
If a student decides to file a report of sexual violence or sexual harassment with the university, UCSB’s Title IX & Sexual Harassment Policy Compliance Office will conduct a fair, thorough and impartial investigation and make factual findings and a recommendation as to whether a policy violation has occurred.
The Office of Judicial Affairs will review the investigation report and determine if the allegations have been substantiated and if UC’s Sexual Violence/Sexual Harassment policy has been violated. Both students will have an opportunity to meet with the Office of Judicial Affairs before a final decision is made. If there has been a policy violation, the Office of Judicial Affairs will assess the disciplinary sanction(s). Students will be notified of any sanctions within 10 business days of the notice of findings, as well as options for appealing.
Campuses have long had investigation and adjudication processes in place to respond to reports of sexual violence and sexual harassment.
The new systemwide model for complaints against students establishes a consistent and efficient process for the investigation and adjudication of complaints of sexual violence and sexual harassment against students, and assigns specific authority, roles, and responsibilities to certain offices to ensure consistency across the UC system. The new model outlines a trauma-informed (using practices that are sensitive to those who have experienced trauma) and fair process for the student filing the complaint (complainant) and the student responding to the complaint (respondent), allowing both an equal opportunity to be heard, to offer witnesses and evidence, to comment, and to appeal. It also sets projected timeframes for the investigation, adjudication, and appeals process in order to provide a prompt and effective response to complaints.
No. When the university learns of an incident of alleged sexual violence or sexual harassment, it will work with the complainant to put into place appropriate interim measures as needed to ensure the complainant’s safety, well-being, and equal access to university programs and activities. These measures could include no contact orders, housing assistance, academic support and accommodations, counseling, or other appropriate actions as needed.
When determining a sanction, the Office of Judicial Affairs will consider the violation itself as well as other factors including the severity of the sexual violence or sexual harassment. The university’s model establishes a range of potential sanctions for each offense that all Offices of Student Conduct systemwide will consider, depending on the violation and the particular circumstances of the case.
Sanctions can range, depending on the offense, up to dismissal from the university for the most serious matters.
Yes. Both the complainant and the respondent have the right to appeal the findings and/or the sanction by submitting a written request to the Office of Judicial Affairs within 10 business days of receiving written notice of the decision and any sanctions that may be imposed. The appeal should identify the reason(s) the student is challenging the outcome, under one or more of the grounds outlined in the model.
An appeal board, made up of one to three appropriately trained individuals, will hear the matter and decide whether to uphold, overturn, or modify the decision or sanctions.
If the appeal board upholds the decision, then the matter is over. If the appeal board overturns or modifies either the findings or the sanctions, either student has one additional opportunity to appeal by submitting a written request to the Vice Chancellor for Student Affairs within 5 business days.
No, there is no additional appeal after the Vice Chancellor’s decision. The two-level appeal process is designed to ensure a fair independent review in the event a student disagrees with a decision.
UCSB aims to complete investigations and determine any disciplinary sanctions within 60 University business days. If a student files an appeal, UCSB will aim to complete the entire process — investigation, adjudication and appeal — within 120 University business days from the date the Title IX office receives the report of sexual violence or sexual harassment. The timeframes are designed to bring a timely resolution for both the complainant and respondent.
The appropriate campus personnel will keep both students informed throughout the process.
Generally, the complainant and respondent will be notified of each other’s identity, in order to conduct a fair investigation.
The university will make every effort to protect the confidentiality and privacy of both the complainant and the respondent to the extent permitted by law and UC policy. Some UCSB personnel who are involved in the case will necessarily have access to personal information, including identifying information, in order to effectively respond to the complaint and maintain a safe environment for students.
The new model provides equal opportunities for the complainant and respondent to comment during the investigation and adjudication process and to offer witnesses and evidence. Both students also have an equal right to appeal a decision or sanction, and to participate during the appeal process.
Because these processes can be complex, all UC campuses provide resources to help both student complainants and respondents understand their rights and the investigation and adjudication process. Complainants can contact a confidential Campus CARE Advocate and respondents can learn more about the Respondent Services Coordinators. Both resources also provide referrals to other services, such as counseling and academic support. Both students may be accompanied by a support person and an advisor of their choice, including an attorney, at any stage of the process.
UCSB aims to provide clear, timely and consistent communication. The appropriate campus personnel will keep the complainant and respondent informed throughout the process. They will each receive a letter notifying them when an investigation begins. At the end of the investigation, they will each be notified of the investigation’s factual findings and recommendations about policy violations, and given a copy of the report. Both students also will receive the decision about whether the charges were substantiated, any sanctions imposed, and options to appeal. If either student chooses to appeal, both students can participate in the appeal and will be notified of the results of the appeal.
A joint committee of the UC Administration and the Academic Senate, which includes student representatives, has been formed and will develop recommendations on handling cases of sexual violence, sexual assault, and sexual harassment involving UC faculty. The committee will present recommendations to President Napolitano by Feb. 29, 2016.
After the work of the joint committee on faculty is completed, the university plans to review existing processes, adjudication standards, and sanctions for cases that involve staff members.
The President’s Task Force on Preventing and Responding to Sexual Violence and Sexual Assault formed a working group, comprised of Title IX officers, Student Conduct Officers, Vice Chancellors of Student Affairs, students, ombuds, CARE advocates, campus police, compliance, legal counsel, and Regents that developed the model and this systemwide framework.
In addition to having students on the working group, the committee also consulted with a wide range of UC students — both undergraduate and graduate students — throughout the process. The workgroup also reviewed procedures in place at other universities around the country, and consulted with UC law professors as well as nationally recognized experts in sexual violence and higher education law.
Training has been occurring throughout the year on conducting investigations and hearings consistent with trauma-informed practices. In the time leading up to the January 2016 implementation, the university has trained campus stakeholders, including Title IX officers, Offices of Student Conduct, investigators, and individuals responsible for hearing appeals on the new systemwide standards, so these new procedures are implemented consistently across all campuses. These employees will also receive ongoing training.
Yes. UC will be reviewing and evaluating the model with input from students, Title IX officers, Student Conduct offices, and other stakeholders, to ensure it effectively addresses reports of sexual violence and sexual harassment. In addition, as legal requirements change or are updated, the university will revisit its policies and programs to ensure compliance.
You can find UC’s and UCSB’s policies and codes of conduct on UCSB’s Sexual Violence Prevention and Response website.