Reporting Sexual Harassment
Reports of Sexual
Harassment
Any member of the Laboratory community may
report conduct that may constitute sexual harassment under this policy. In
addition, supervisors, managers, and other designated employees are
responsible for taking whatever action is necessary to prevent sexual
harassment, to correct it when it occurs, and to report it promptly to the
Title IX Compliance Coordinator (Sexual Harassment Officer) or other
appropriate official designated to review and investigate sexual harassment
complaints. An individual may also file a complaint or grievance alleging
sexual harassment under the applicable Laboratory complaint resolution or
grievance procedure (University of California Procedures for Responding to
Reports of Sexual Harassment, Appendix I: University Complaint Resolution and
Grievance Procedures).
Response to Sexual
Harassment
The Laboratory will provide a prompt and
effective response to reports of sexual harassment in accordance with the
University of California Procedures for Responding to Reports of Sexual
Harassment (Procedures). A prompt and effective response may include early
resolution, formal investigation, and/or targeted training or educational
programs. Upon findings of sexual harassment, the Laboratory may offer
remedies to the individual or individuals harmed by the harassment consistent
with applicable complaint resolution and grievance procedures (Procedures,
Appendix I: University Complaint Resolution and Grievance Procedures). Such
remedies may include counseling, an opportunity to repeat course work without
penalty, or other appropriate interventions. Any member of the Laboratory
community who is found to have engaged in sexual harassment is subject to
disciplinary action up to and including dismissal in accordance with the
applicable Laboratory disciplinary procedure (Procedures, Appendix II:
University Disciplinary Procedures) or other Laboratory policy. Generally,
disciplinary action will be recommended when the harassing conduct is so
sufficiently severe, persistent, or pervasive that it alters the conditions
of employment or limits the opportunity to participate in or benefit from
Laboratory programs. Any manager, supervisor, or designated employee
responsible for reporting or responding to sexual harassment who knew about
the harassment and took no action to stop it or failed to report the
prohibited harassment may also be subject to disciplinary action. Conduct by
an employee that is sexual harassment or retaliation in violation of this
policy is considered to be outside the normal course and scope of employment.
Intentionally False Reports
Because sexual harassment frequently involves
interactions between persons that are not witnessed by others, reports of
sexual harassment cannot always be substantiated by additional evidence. Lack
of corroborating evidence or “proof” should not discourage individuals from
reporting sexual harassment under this policy. However, individuals who make
reports that are later found to have been intentionally false or made
maliciously without regard for truth may be subject to disciplinary action
under the applicable Laboratory disciplinary procedure (Procedures, Appendix
II: University Disciplinary Procedures). This provision does not apply to
reports made in good faith, even if the facts alleged in the report cannot be
substantiated by an investigation.
Free Speech and Academic
Freedom
As participants in a public
university, the faculty and other academic appointees, staff, and students of
the University of California enjoy significant free-speech protections
guaranteed by the First Amendment of the United States Constitution, and
Article I, Section I, of the California Constitution. This policy is intended
to protect members of the University community from discrimination, not to
regulate protected speech. This policy shall be implemented in a manner that
recognizes the importance of rights to freedom of speech and expression. The
University also has a compelling interest in free inquiry and the collective
search for knowledge and thus recognizes principles of academic freedom as a
special area of protected speech. Consistent with these principles, no
provision of this policy shall be interpreted to prohibit conduct that is
legitimately related to the course content, teaching methods, scholarship, or
public commentary of an individual faculty member or the educational,
political, artistic, or literary expression of students in classrooms and
public forums. However, freedom of speech and academic freedom are not
limitless and do not protect speech or expressive conduct that violates
federal or state antidiscrimination laws.
Additional Enforcement
Information
The federal Equal Employment Opportunity
Commission (EEOC) and the California Department of Fair Employment and
Housing (DFEH) also investigate complaints of unlawful harassment in
employment. These agencies may serve as neutral fact finders and attempt to
facilitate the voluntary resolution of disputes with the parties. For more
information, contact the nearest office of the EEOC or DFEH listed in the
telephone directory. Additional information on harassment and complaint
procedures may be found at §2.05(E) (University of California Procedures for Responding
to Reports of Sexual Harassment)
