UC releases new sexual violence and harassment policy
By Kristen Taketa
March 7, 2014 10:45 a.m.
This article was updated at 8:44 p.m.
The University of California announced an expansion of its sexual violence and harassment policy Friday morning, including measures that broaden protections for victims and increase reporting requirements, training and education.
The changes also include specific sanctions and protective measures the UC can impose at the end of the disciplinary process, as well as provide additional definitions relating to cases of sexual harassment or assault.
The update may affect UCLA’s policy regarding sexual harassment and sexual violence, which must comply with the UC Office of the President’s policy.
The revision of the University’s sexual violence and harassment policy was mandated by President Barack Obama’s reauthorization of the Violence Against Women Act last March, which required colleges to take measures to better respond to and prevent sexual violence, said Brooke Converse, a UC spokeswoman.
The updated University policy gives a more detailed explanation of behaviors that could constitute sexual harassment or violence. The new policy includes added definitions for incapacitation, dating violence and domestic violence, among other terms.
The University also added a specific definition of consent. In the new policy, the UC defines consent as an affirmative, unambiguous, and conscious decision by each participant to engage in mutually agreed upon sexual activity. It lists that consent must be informed, voluntary, revocable and ongoing. It also states that consent cannot be given when an individual is incapacitated.
Additionally, the UC expanded the role of its Title IX Officers, now requiring that they identify and address patterns and shortcomings in the system which grow apparent as they review cases.
The new protocol also mandates each campus to identify confidential resources where community members can get advice and information about reporting a sexual harassment or sexual violence incident. The policy states that officials must consider requests about the confidentiality of reports when determining how to respond to them.
For incidents involving violent crimes or non-forcible sex offenses, the policy now specifies that the Family Educational Rights and Privacy Act allows officials to disclose the results of disciplinary proceedings against the accused individuals to complainants, even if the University decided a violation was not committed.
The UC will continue to revise its policy as it considers the comments and suggestions it has received from students and others in the UC community.
“We have no tolerance for sexual violence or harassment of any kind,” said UC President Janet Napolitano in a statement released Friday. “The university must, and will, hold itself to the highest standards, and I expect all of our locations to do everything possible to make everyone aware of these standards.”
Savannah Badalich, the campaign manager for 7,000 in Solidarity, a campaign against sexual assault and harassment at UCLA, said she approves of some parts of the new policy, especially the new definition of consent, but wishes the University had addressed several other issues during its update.
Badalich, the Undergraduate Students Association Council Student Wellness commissioner, said she thinks the University should have added more set guidelines for educational trainings for employees and officials about how to address sexual assault cases. She said she thinks different campuses may not establish trainings that are comprehensive or effective with the leeway the new policy allows.
Badalich added that she thinks the UC should have updated its policy to protect individuals who are reporting incidents of sexual harassment or sexual violence or serving as witnesses in a hearing from being punished for underage drinking.
Pamela Thomason, the Title IX officer at UCLA, could not be reached for comment for this article.
The revisions come at a time when two UC campuses are undergoing a state audit for their sexual assault policies. The audit, announced in November, was prompted by student lobbying in Sacramento. Both UCLA and UC Berkeley are currently undergoing audits, as well as California State University, Chico and San Diego State University.
Compiled by Kristen Taketa and Amanda Schallert, Bruin senior staff. Contributing reports by Kendal Mitchell, Bruin contributor.
