Report 2013-124 Recommendations and Responses in 2015-041

Report 2013-124: Sexual Harassment and Sexual Violence: California Universities Must Better Protect Students by Doing More to Prevent, Respond to, and Resolve Incidents

Department Number of Years Reported As Not Fully Implemented Total Recommendations to Department Not Implemented After One Year Not Implemented as of 2014-041 Response Not Implemented as of Most Recent Response
California State University 1 1 1 N/A 1
California State University, Chico 1 16 2 N/A 2
San Diego State University 1 19 4 N/A 3
University of California 1 4 3 N/A 3
University of California, Berkeley 1 16 5 N/A 5
University of California, Los Angeles 1 14 5 N/A 5

Recommendation To: San Diego, California State University

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.

Response

All faculty and staff have been registered for an online Sexual Violence Awareness and Prevention training. Completion of this training is mandatory. Completion by managers and staff is due on October 15, 2015 and completion by faculty (pursuant to an agreement during meet and confer) is due on February 22, 2016. Faculty and staff who fail to complete the training in a timely manner will be subject to discipline.

Recommendation To: San Diego, California State University

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.

Response

San Diego State University administrators are currently working with a cross-divisional group of campus officials to determine how best to ensure that all students complete a refresher program on sexual violence awareness and prevention. This is a complex discussion given the number of students and the limitations of our student system. We are committed to finding a sustainable and effective solution and we anticipate a decision and plan to be implemented by January 2016.

Recommendation To: San Diego, California State University

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.

Response

SDSU has posted summary information on its nondiscrimination policy across campus. The posters have been posted in all colleges, in various locations within the university library, in administrative offices and residential housing facilities.

Recommendation To: San Diego, California State University

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.

Response

SDSU meets regularly to discuss Title IX complaints and to review complaint logs. The identification of trends to better inform SDSU's strategies relating to awareness, prevention and support will take at least two years to fully identify. Looking at only one year's worth of data provides an incomplete picture given the already identified cycles relating to the increase of sexual assaults that occur during the red-zone and during the start of the spring semester.

Recommendation To: University, California State

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.

Response

The Chancellor's work group and the Systemwide Title IX Compliance Officer continue to work with the campuses to assist with implementation of the CSA's 23 recommendations. Last June, we reported an estimated 77 percent implementation rate, noting our expectation that full implementation would be achieved once the fall term began and all additional training programs could be provided to students, faculty and staff. While the fall term began for most campuses in mid to late August, our campuses on the quarter system started less than two weeks ago. The work group is currently in the process of confirming with each campus that all recommendations have been fully implemented now that the fall term is underway. We will report that information very soon. In addition, our Systemwide Title IX Compliance Officer is scheduled to begin conducting the first of the campus Title IX reviews on November 4, 2015.

Recommendation To: University of California, Los Angeles

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.

Response

UCLA provided tailored in-person training to our athletes and our members of fraternities and sororities during the 2014-15 academic year.

This year, we are in the midst of providing tailored in-person programming to our almost 700 student athletes, team by team. We are also in process of delivering tailored in-person training to our 3500-person Greek Life Community.

Working with Student Organizations Leadership & Engagement ("SOLE"), as well as all club sports, UCLA is finalizing an online sexual violence prevention training module, which will be delivered to leaders of all registered SOLE organizations and all club sports participants.

We have delivered multiple in-person trainings to UCLA's Community Programs Office.

Recommendation To: University of California, Berkeley

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.

Response

The UC President's Task Force on Preventing and Responding to Sexual Violence and Sexual Assault is in its implementation phase and includes the initiation of mandatory training for staff and faculty on an annual basis. Systemwide working groups are vetting the content (which must be consistent across all UC campuses), and developing plans to launch this online training in January 2016. This mandatory training requirement emanates from the UC system, as opposed to a particular campus, and decisions about timing are made at the systemwide level.

Recommendation To: University of California

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.

Response

The Office of the President through the work of the President's Task Force on Preventing and Responding to Sexual Violence and Sexual Assault has instituted programs and processes for the system that address the recommendations in the audit report (http://www.ucop.edu/ethics-compliance-audit-services/_files/compliance/SVSA-jan-report.pdf). The Task Force developed key recommendations regarding reporting, the complaint processes, utilization of consistent nomenclature, uniform advocacy and case management services, and education and training. The systemwide Office of Audit Services has started routine Title IX audit reviews that will be included in internal audit plans. The reviews will cover all campuses and include an evaluation of the implementation of the recommendations in the audit report.

In the next year, the Office of Ethics, Compliance and Audit Services will make campus visits to assess the status of the implementation of the recommendations from this audit.

Recommendation To: University of California

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.

Response

The University's policy on sexual harassment/sexual violence (http://policy.ucop.edu/doc/4000385) has been revised in accordance with the Final Regulations on amendments to the Violence Against Women Act (VAWA) issued on October 20, 2014 and recently enacted changes in California law. This update of the policy will be implemented no later than July 1, 2015. In addition, a full revision of the policy is underway and a final policy revision is scheduled to be complete in January 2016. The current UC Policy for Sexual Harassment and Sexual Violence, and the contemplated revised UC Policy for Sexual Harassment and Sexual Violence, do not permit mediation for cases involving sexual violence. The current, and contemplated revised UC Policy, expressly state that early resolution is voluntary and not required before beginning a formal investigation.

Recommendation To: University of California

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.

Response

The current UC Policy on Sexual Harassment and Sexual Violence (http://policy.ucop.edu/doc/4000385) includes provisions regarding the need for approval for extensions of investigative timelines. A full revision of the policy is underway and a final policy revision is scheduled to be complete in January 2016. In addition, the Student Adjudication Model Framework is being finalized and addresses the issue of timelines and extensions.

Recommendation To: University of California, Berkeley

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.

Response

Nothing new to report from the June submission.

Recommendation To: University of California, Berkeley

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.

Response

Nothing new to report from the June submission.

Recommendation To: University of California, Berkeley

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.

Response

Nothing new to report from the June submission.

Recommendation To: University of California, Berkeley

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.

Response

UC Berkeley has more than 1,000 registered students groups on campus. Based on the auditor's recommendation and our desire to enhance the ways in which we educate student organizations and communities about sexual violence, we provide in person trainings and resources to groups who are either new to our campus community, or those that engage in off campus travel or activities. The campus previously submitted training documents used to train the signatories of these student organizations, as well as a schedule of those trainings. The students who attend these trainings on behalf of their organizations are given access to materials and are able to share the information to the remaining membership in a "train the trainer" format.

It is important to note, the campus does not keep rosters of student organizations. As a university we support our students' freedom of association within their co-curricular lives. Requiring students to list their names on organizational rosters limits their ability to freely associate in organizations that are identity or issues based. For instance, if we required rosters, some students may not join organizations that are identity or politically focused because they may wish to keep that aspect of their lives or particular area of interest, private. Our current practice supports healthy identity development and allows students to freely engage in activities and organizations that promote self-exploration and a healthy sense of self.

Recommendation To: University of California, Los Angeles

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.

Response

Over 6200 of our approximately 9000 incoming students have completed the mandatory online education program, "Think About It." 100% compliance will be achieved through record holds. Approximately 95% of the incoming students received the in-person prevention education through orientation, and make-up sessions are scheduled.

All incoming graduate students are also being required to participate in mandated online prevention education. In-person presentations have occurred at graduate school orientation and orientations of the professional schools. Similar presentations are scheduled to occur at the various graduate divisions.

The University will send a letter to all students within the first six weeks of school reminding all students of their confidential resources and reporting options for sexual harassment and sexual violence.

Although it is too early to provide refresher training for the 2015-16 academic year (which has just begun), UCLA did provide such refresher training in the 2014-15 academic year. Specifically, in April 2015, Chancellor Block sent a letter to all students informing them of their confidential resources and reporting options.

Recommendation To: University of California, Los Angeles

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.

Response

All student complainants and respondents receive a copy of the UC Interim Policy for Sexual Harassment and Sexual Violence, which sets forth the procedures for early resolution and formal investigation.

Issuance of the final Policy is anticipated by January 2016.

Recommendation To: University of California, Los Angeles

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.

Response

The Case Management Team continues to meet weekly to discuss sexual violence incidents. The other teams previously mentioned continue to meet on a regular basis.

Moreover, the Title IX office has been collecting summary data on all reports it receives of sexual harassment and sexual violence.

UCLA has purchased a web-based case management system which is expected to go live on October 2, 2015. We expect the system to be loaded and operational in November 2015.

Recommendation To: Chico, California State University

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.

Response

CSU Chico has not yet fully implemented mandatory refresher training for all students. Rather than relying on on-line training, CSU Chico's preference is to interact with students face to face in various capacities (in the classroom, during their social interactions, at special events, etc.), as it is believed to be a better method for achieving social change. Due to the labor-intensive nature of this approach, we need additional time to sort out the related logistics. We are in the process of developing a list of the various events, classes, programs, and trainings that a student can attend to meet the annual training obligation. The tracking/logging systems that are necessary to put this in place are also being explored. Most likely there will need to be an online option for students who are unable to attend an in person event, and we are exploring methods by which we can deliver this option. We continue to offer refresher training on a voluntary basis, and have a number of programs occurring on campus to deliver the information to students.

Recommendation To: Chico, California State University

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.

Response

CSU Chico has disseminated data collection documents for use by campus locations that see a high volume of reports, and has started to collect data from these locations. As of this date, we have not collected sufficient data to conduct a meaningful evaluation of trends. We will be trending and evaluating the data in December 2015, and use that data to inform our strategies around student protection, and to help direct our spring outreach efforts, as well as our efforts next fall.

Recommendation To: University of California, Los Angeles

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.

Response

The UC President's Task Force on Preventing and Responding to Sexual Violence and Sexual Assault is in its implementation phase and includes the initiation of mandatory training for staff and faculty on an annual basis. Systemwide working groups are vetting the content (which must be consistent across all UC campuses), and developing plans to launch this online training in January 2016. This mandatory training requirement emanates from the UC system, as opposed to a particular campus, and decisions about timing are made at the systemwide level.

Current Status of Recommendations

All Recommendations in 2015-041