Report 2017-125 Recommendation 4 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 #4 To: University of California

To ensure prompt resolution of sexual harassment complaints against faculty respondents, the Office of the President should do the following:

After the Academic Senate develops written requirements to specify exact time frames, complete an annual review of all cases involving Senate faculty to determine the length of time the adjudication process lasted. If an adjudication process takes longer than the time frames specified, the Office of the President should work with the Regents and the Academic Senate to develop further measures to enforce a more prompt adjudication process. The Office of the President should complete its first review by October 2020.

Annual Follow-Up Agency Response From November 2020

The Systemwide Title IX Office (STIXO) reviewed data showing the length of the adjudication process for faculty respondents during the one-year period following the Academic Senate's bylaw revision to include specific timeframes for the start and end of the privilege and tenure (P&T) hearing.

The data showed that these timelines improved, and generally complied with the revised bylaws. Specifically, of the four cases charged under the SVSH Policy that went to a P&T hearing: two hearings started before the deadline, with a cushion of 11-14 days, and two hearings concluded before the deadline, with a cushion of 21-26 days. On the other hand, timelines were extended in three cases, by 5, 12 and 71 days. In the outlier (71-day) case, the hearing start date was delayed due to scheduling difficulties caused by the location and number of witnesses, and by the Thanksgiving and winter holidays and curtailment (which are not subtracted from the timeline). Campuses determined that there was "good cause" for all three extensions.

STIXO's review showed that campuses were not consistent in how they requested, approved and documented good cause extensions. For example, in 3 cases (including the outlier) the length of the approved extension was not clear and in one case the extension was approved by in-house counsel rather than the chair of the P&T committee or hearing committee, as specified in the Bylaws. Academic Senate leadership agreed to take additional measures to improve consistency in these areas, which should also lead to continued improvements in timeliness.

Based on the data, and considering that the timelines and related procedures have only been in place for a year, STIXO determined it is not necessary to work with the Regents to develop additional measures at this time. However, STIXO will continue assessing timeliness on an annual basis and engage the Regents on measures to improve timeliness if necessary.

Completion Date: October 2020

California State Auditor's Assessment of Annual Follow-Up Status: Fully Implemented

1-Year Agency Response

The Systemwide Title IX Office will continue gathering data from campuses on all investigations involving faculty respondents, including timelines and outcomes. Following effectiveness of the Academic Senate's Bylaw revisions that specific timelines, the Systemwide Title IX Office will annually review disciplinary outcomes for all faculty respondents to assess whether timeliness is improving, using earlier data as a baseline, and whether time frames developed by the Academic Senate are met. The Systemwide Title IX Director will meet regularly with leadership of the Academic Senate to identify and address any obstacles to resolving cases within the developed time frames and, as necessary, work with the Regents and Academic Senate to develop additional measures to improve timeliness.

Estimated Completion Date: October 2020
Response Date: July 2019

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

The Academic Senate has revised its bylaws to include specific timelines and the systemwide office has described its plan for assessing the timeliness of disciplinary outcomes for all faculty respondents.

6-Month Agency Response

The Systemwide Title IX Office will continue gathering data from campuses on all investigations involving faculty respondents, including timelines and outcomes. Following the Academic Senate's development of specific timelines, the Systemwide Title IX Office will annually review disciplinary outcomes for all faculty respondents to assess whether timeliness is improving, using earlier data as a baseline, and whether time frames developed by the Academic Senate are met. The Systemwide Title IX coordinator will meet regularly with leadership of the Academic Senate to identify and address any obstacles to resolving cases within the developed time frames and, as necessary, work with the Regents and Academic Senate to develop additional measures to improve timeliness.

Estimated Completion Date: October 2020
Response Date: December 2018

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

The systemwide office has described its plan for implementing this recommendation. Following the Academic Senate's development of specific timelines, we will expect to see the systemwide office's annual review of the timeliness of disciplinary outcomes for all faculty respondents based on the data it has collected as well as any actions it may need to take in response to these reviews.