Report 2013-124 Recommendations

To help ensure that university faculty and staff do not mishandle student reports of incidents, all faculty and staff should receive training annually, consistent with their role, on their obligations in responding to and reporting incidents of sexual harassment and sexual violence.

To help ensure that resident advisors handle incidents of sexual harassment and sexual violence appropriately, all universities should provide supplemental training on sexual harassment and sexual violence, including rape awareness training, for resident advisors twice a year.

To help ensure that athletic coaches handle incidents of sexual harassment and sexual violence appropriately, all universities should provide supplemental training on sexual harassment and sexual violence, including sexual assault, annually for all athletic coaches.

All universities should provide their education on sexual harassment and sexual violence to incoming students as close as possible to when they arrive on campus but no later than the first few weeks of their first semester or quarter. Further, universities should provide periodic refresher educational programs, at least annually, to all students on campus to ensure that they are aware of how to handle and report incidents of sexual harassment and sexual violence.

All universities should provide supplemental training on sexual harassment and sexual violence, including sexual assault, for all student athletes on an annual basis. Further, the universities should provide supplemental training on sexual harassment and sexual violence, including rape awareness, to all student members of fraternities and sororities on an annual basis. The universities should also determine which student organizations participate in activities that may place students at risk and ensure that they receive annual, supplemental training on sexual harassment and sexual violence, including rape awareness. Each of the trainings should be focused on situations the members of the respective student groups may encounter.

To ensure compliance with federal law and guidance, all universities should review their educational programs for incoming students and employees and modify them as needed, as outlined in the Reauthorization Act and the 2014 guidance issued by the OCR.

To comply with state law, all universities must ensure the appropriate distribution of their written policy on sexual harassment to all university employees at the beginning of every academic year.

All universities should appropriately post the university's policy on sexual harassment. The policy should be posted prominently in the university's main administrative building and in other areas on campus where notices are posted, including key locations such as residence halls and athletic facilities. Similarly, the notice of nondiscrimination should be posted prominently throughout the university. If, because of the length of the policy on sexual harassment, it is not effective to post it in its entirety, the universities should post summary information that explains how students can access the full policy.

Chico State, San Diego State, and UCLA should ensure that the content of the education on sexual violence they provide to incoming students covers the topics outlined in California Education Code, Section 67385.7(b).

To comply with state law, Chico State, San Diego State, and UC Berkeley must ensure the appropriate distribution of the university's written policy on sexual harassment to all incoming students at new student orientations.

All universities should create and use a document to share with students that explains what students should expect from the complaint process. At a minimum, it should include an overview of the university's sexual harassment policy, the investigation process, relevant timelines, the legal standard that must be applied to the investigation, and issues related to confidentiality, as well as expectations regarding notification of case status updates and outcomes.

All universities should ensure that the differences between an informal or early resolution process and a formal investigation process are clearly explained to ensure that students know what to expect from each process. Further, they should explain that students whose cases are being handled under an informal or early resolution process have the right to move to a formal process at any time.

All universities should provide regular updates on the status of their investigations to students filing or responding to complaints. Additionally, the universities should notify the students of the resolution of the complaints. To demonstrate that they took these actions, the universities should maintain appropriate records.

To ensure that the universities conduct investigations as promptly as possible, they should regularly evaluate the timeliness of investigations in a systematic manner and ensure that they complete investigations within established timelines.

To identify ways to better serve their students, all universities should create a summary of student incidents of sexual harassment and sexual violence reported to the various departments on campus. Each university should evaluate its summary data to identify trends specific to the demographics, as well as the timing, location, and frequency of incidents, to better inform its strategies to protect students and direct its outreach efforts.

Chico State should ensure that it fully resolves all complaints that are reported to it and that it imposes appropriate discipline.

To ensure that all universities provide sufficient training, the Legislature should amend state law to require universities to train all of their employees annually, consistent with their role, on their obligations in responding to and reporting incidents of sexual harassment and sexual violence involving students.

To ensure that students are provided the education at the most ideal time, the Legislature should amend state law to expressly require that incoming students be provided education on sexual harassment and sexual violence as close as possible to when they arrive on campus but no later than the first few weeks of their first semester or quarter.

To ensure that all students are reminded of and know how to access their university's sexual harassment policies, the Legislature should amend state law to require universities to provide this information in additional prominent locations frequented by students, such as residence halls and other university housing and athletic facilities. Further, to reflect evolving technology, the Legislature should consider the most effective means of providing this information to students and that it may not be effective to post the policy in its entirety. An alternative would be to post summary information that explains how students can access the full policy.

To help ensure that university faculty and staff do not mishandle student reports of incidents, all faculty and staff should receive training annually, consistent with their role, on their obligations in responding to and reporting incidents of sexual harassment and sexual violence.

To help ensure that resident advisors handle incidents of sexual harassment and sexual violence appropriately, all universities should provide supplemental training on sexual harassment and sexual violence, including rape awareness training, for resident advisors twice a year.

To help ensure that athletic coaches handle incidents of sexual harassment and sexual violence appropriately, all universities should provide supplemental training on sexual harassment and sexual violence, including sexual assault, annually for all athletic coaches.

All universities should provide their education on sexual harassment and sexual violence to incoming students as close as possible to when they arrive on campus but no later than the first few weeks of their first semester or quarter. Further, universities should provide periodic refresher educational programs, at least annually, to all students on campus to ensure that they are aware of how to handle and report incidents of sexual harassment and sexual violence.

All universities should provide supplemental training on sexual harassment and sexual violence, including sexual assault, for all student athletes on an annual basis. Further, the universities should provide supplemental training on sexual harassment and sexual violence, including rape awareness, to all student members of fraternities and sororities on an annual basis. The universities should also determine which student organizations participate in activities that may place students at risk and ensure that they receive annual, supplemental training on sexual harassment and sexual violence, including rape awareness. Each of the trainings should be focused on situations the members of the respective student groups may encounter.

To ensure compliance with federal law and guidance, all universities should review their educational programs for incoming students and employees and modify them as needed, as outlined in the Reauthorization Act and the 2014 guidance issued by the OCR.

To comply with state law, all universities must ensure the appropriate distribution of their written policy on sexual harassment to all university employees at the beginning of every academic year.

All universities should appropriately post the university's policy on sexual harassment. The policy should be posted prominently in the university's main administrative building and in other areas on campus where notices are posted, including key locations such as residence halls and athletic facilities. Similarly, the notice of nondiscrimination should be posted prominently throughout the university. If, because of the length of the policy on sexual harassment, it is not effective to post it in its entirety, the universities should post summary information that explains how students can access the full policy.

To ensure that all incoming students receive education on sexual harassment and sexual violence, San Diego State and UC Berkeley should impose consequences, such as registration holds, on those not receiving the education.

San Diego State should widely distribute its Title IX brochure to ensure that all students and employees are aware of how to handle incidents of sexual harassment and sexual violence.

Chico State, San Diego State, and UCLA should ensure that the content of the education on sexual violence they provide to incoming students covers the topics outlined in California Education Code, Section 67385.7(b).

To comply with state law, Chico State, San Diego State, and UC Berkeley must ensure the appropriate distribution of the university's written policy on sexual harassment to all incoming students at new student orientations.

San Diego State should identify an individual to serve as a resource advocate and to be a central point of contact and a confidential resource available to help students obtain the services needed when they experience an incident of sexual harassment or sexual violence.

All universities should create and use a document to share with students that explains what students should expect from the complaint process. At a minimum, it should include an overview of the university's sexual harassment policy, the investigation process, relevant timelines, the legal standard that must be applied to the investigation, and issues related to confidentiality, as well as expectations regarding notification of case status updates and outcomes.

All universities should ensure that the differences between an informal or early resolution process and a formal investigation process are clearly explained to ensure that students know what to expect from each process. Further, they should explain that students whose cases are being handled under an informal or early resolution process have the right to move to a formal process at any time.

All universities should provide regular updates on the status of their investigations to students filing or responding to complaints. Additionally, the universities should notify the students of the resolution of the complaints. To demonstrate that they took these actions, the universities should maintain appropriate records.

To ensure that the universities conduct investigations as promptly as possible, they should regularly evaluate the timeliness of investigations in a systematic manner and ensure that they complete investigations within established timelines.

To identify ways to better serve their students, all universities should create a summary of student incidents of sexual harassment and sexual violence reported to the various departments on campus. Each university should evaluate its summary data to identify trends specific to the demographics, as well as the timing, location, and frequency of incidents, to better inform its strategies to protect students and direct its outreach efforts.

San Diego State should implement its Sexual Violence Task Force and ensure that it includes participants such as high-level campus administrators, academic leaders, and student leaders.

The Office of the President should direct all of the universities within the UC system to comply with the recommendations in this audit report. Also, to ensure that its universities are complying with Title IX requirements, the Office of the President should conduct routine Title IX reviews. When conducting these compliance reviews, the Office of the President should determine whether universities have implemented this report's recommendations.

The Office of the President should clarify in the UC policies that a complainant must have and be informed about the right to end the early resolution process at any time and request that his or her complaint be handled under the university's formal process.

The Office of the President should clarify in the UC policies that if a university chooses to use the early resolution process, the Title IX coordinators and other university staff involved in resolving the complaint should have and document ongoing communication with complainants demonstrating their attempts to resolve the matter to mutual agreement of all relevant parties.

The Office of the President should clarify in the UC policies that if university officials approve an extension to an investigative timeline, the extension should be restricted to a single extension of no more than 30 days, except in limited circumstances that are beyond the university's control.

To help ensure that university faculty and staff do not mishandle student reports of incidents, all faculty and staff should receive training annually, consistent with their role, on their obligations in responding to and reporting incidents of sexual harassment and sexual violence.

To help ensure that resident advisors handle incidents of sexual harassment and sexual violence appropriately, all universities should provide supplemental training on sexual harassment and sexual violence, including rape awareness training, for resident advisors twice a year.

To help ensure that athletic coaches handle incidents of sexual harassment and sexual violence appropriately, all universities should provide supplemental training on sexual harassment and sexual violence, including sexual assault, annually for all athletic coaches.

All universities should provide their education on sexual harassment and sexual violence to incoming students as close as possible to when they arrive on campus but no later than the first few weeks of their first semester or quarter. Further, universities should provide periodic refresher educational programs, at least annually, to all students on campus to ensure that they are aware of how to handle and report incidents of sexual harassment and sexual violence.

All universities should provide supplemental training on sexual harassment and sexual violence, including sexual assault, for all student athletes on an annual basis. Further, the universities should provide supplemental training on sexual harassment and sexual violence, including rape awareness, to all student members of fraternities and sororities on an annual basis. The universities should also determine which student organizations participate in activities that may place students at risk and ensure that they receive annual, supplemental training on sexual harassment and sexual violence, including rape awareness. Each of the trainings should be focused on situations the members of the respective student groups may encounter.

To ensure compliance with federal law and guidance, all universities should review their educational programs for incoming students and employees and modify them as needed, as outlined in the Reauthorization Act and the 2014 guidance issued by the OCR.

To comply with state law, all universities must ensure the appropriate distribution of their written policy on sexual harassment to all university employees at the beginning of every academic year.

All universities should appropriately post the university's policy on sexual harassment. The policy should be posted prominently in the university's main administrative building and in other areas on campus where notices are posted, including key locations such as residence halls and athletic facilities. Similarly, the notice of nondiscrimination should be posted prominently throughout the university. If, because of the length of the policy on sexual harassment, it is not effective to post it in its entirety, the universities should post summary information that explains how students can access the full policy.

To ensure that all incoming students receive education on sexual harassment and sexual violence, San Diego State and UC Berkeley should impose consequences, such as registration holds, on those not receiving the education.

UC Berkeley should follow through with its current plan to staff the confidential survivor advocate position by the start of the fall 2014 semester.

To comply with state law, Chico State, San Diego State, and UC Berkeley must ensure the appropriate distribution of the university's written policy on sexual harassment to all incoming students at new student orientations.

All universities should create and use a document to share with students that explains what students should expect from the complaint process. At a minimum, it should include an overview of the university's sexual harassment policy, the investigation process, relevant timelines, the legal standard that must be applied to the investigation, and issues related to confidentiality, as well as expectations regarding notification of case status updates and outcomes.

All universities should ensure that the differences between an informal or early resolution process and a formal investigation process are clearly explained to ensure that students know what to expect from each process. Further, they should explain that students whose cases are being handled under an informal or early resolution process have the right to move to a formal process at any time.

All universities should provide regular updates on the status of their investigations to students filing or responding to complaints. Additionally, the universities should notify the students of the resolution of the complaints. To demonstrate that they took these actions, the universities should maintain appropriate records.

To ensure that the universities conduct investigations as promptly as possible, they should regularly evaluate the timeliness of investigations in a systematic manner and ensure that they complete investigations within established timelines.

To identify ways to better serve their students, all universities should create a summary of student incidents of sexual harassment and sexual violence reported to the various departments on campus. Each university should evaluate its summary data to identify trends specific to the demographics, as well as the timing, location, and frequency of incidents, to better inform its strategies to protect students and direct its outreach efforts.

To help ensure that university faculty and staff do not mishandle student reports of incidents, all faculty and staff should receive training annually, consistent with their role, on their obligations in responding to and reporting incidents of sexual harassment and sexual violence.

To help ensure that resident advisors handle incidents of sexual harassment and sexual violence appropriately, all universities should provide supplemental training on sexual harassment and sexual violence, including rape awareness training, for resident advisors twice a year.

To help ensure that athletic coaches handle incidents of sexual harassment and sexual violence appropriately, all universities should provide supplemental training on sexual harassment and sexual violence, including sexual assault, annually for all athletic coaches.

All universities should provide their education on sexual harassment and sexual violence to incoming students as close as possible to when they arrive on campus but no later than the first few weeks of their first semester or quarter. Further, universities should provide periodic refresher educational programs, at least annually, to all students on campus to ensure that they are aware of how to handle and report incidents of sexual harassment and sexual violence.

All universities should provide supplemental training on sexual harassment and sexual violence, including sexual assault, for all student athletes on an annual basis. Further, the universities should provide supplemental training on sexual harassment and sexual violence, including rape awareness, to all student members of fraternities and sororities on an annual basis. The universities should also determine which student organizations participate in activities that may place students at risk and ensure that they receive annual, supplemental training on sexual harassment and sexual violence, including rape awareness. Each of the trainings should be focused on situations the members of the respective student groups may encounter.

To ensure compliance with federal law and guidance, all universities should review their educational programs for incoming students and employees and modify them as needed, as outlined in the Reauthorization Act and the 2014 guidance issued by the OCR.

To comply with state law, all universities must ensure the appropriate distribution of their written policy on sexual harassment to all university employees at the beginning of every academic year.

All universities should appropriately post the university's policy on sexual harassment. The policy should be posted prominently in the university's main administrative building and in other areas on campus where notices are posted, including key locations such as residence halls and athletic facilities. Similarly, the notice of nondiscrimination should be posted prominently throughout the university. If, because of the length of the policy on sexual harassment, it is not effective to post it in its entirety, the universities should post summary information that explains how students can access the full policy.

Chico State, San Diego State, and UCLA should ensure that the content of the education on sexual violence they provide to incoming students covers the topics outlined in California Education Code, Section 67385.7(b). Although we recognize that state law requests, rather than requires, the UC system to
provide this education, we believe doing so is important to better inform students.

All universities should create and use a document to share with students that explains what students should expect from the complaint process. At a minimum, it should include an overview of the university's sexual harassment policy, the investigation process, relevant timelines, the legal standard that must be applied to the investigation, and issues related to confidentiality, as well as expectations regarding notification of case status updates and outcomes.

All universities should ensure that the differences between an informal or early resolution process and a formal investigation process are clearly explained to ensure that students know what to expect from each process. Further, they should explain that students whose cases are being handled under an informal or early resolution process have the right to move to a formal process at any time.

All universities should provide regular updates on the status of their investigations to students filing or responding to complaints. Additionally, the universities should notify the students of the resolution of the complaints. To demonstrate that they took these actions, the universities should maintain appropriate records.

To ensure that the universities conduct investigations as promptly as possible, they should regularly evaluate the timeliness of investigations in a systematic manner and ensure that they complete investigations within established timelines.

To identify ways to better serve their students, all universities should create a summary of student incidents of sexual harassment and sexual violence reported to the various departments on campus. Each university should evaluate its summary data to identify trends specific to the demographics, as well as the timing, location, and frequency of incidents, to better inform its strategies to protect students and direct its outreach efforts.

The Office of the Chancellor should direct all of the universities within the CSU system to comply with the recommendations in this audit report. Also, to ensure that its universities are complying with Title IX requirements, the Office of the Chancellor should conduct routine Title IX reviews. When conducting these compliance reviews, the Office of the Chancellor should determine whether universities have implemented this report's recommendations.