Statement of Non-Discrimination and Harassment and Discrimination Reporting Procedures
This page contains the University of California College of the Law, San Francisco’s Statement of Nondiscrimination and its procedures for reporting harassment and other forms of discrimination.
Statement of Non-Discrimination
The University of California College of the Law, San Francisco prohibits discrimination against any person on the basis of the following protected categories: age, ancestry, childbirth or related medical condition, citizenship, color, ethnicity, gender, gender expression, gender identity, gender transition status, genetic information (including family medical history), marital status, military or veteran status, medical condition (e.g., cancer-related or genetic characteristics), national origin, physical or mental disability, pregnancy, race, religious creed, sex, sexual orientation, sex- or gender-stereotyping, or any combination of these or related factors. This policy is intended to be consistent with applicable state and federal laws and the law school’s policies.
Every person at UC Law SF has the right to pursue an academic or professional career in an atmosphere that is safe and free from prohibited acts of discrimination, harassment, or violence, including sexual abuse, rape, sexual assault, domestic violence, intimate-partner violence, stalking, sexual coercion, or other forms of sexual violence. Bigotry, harassment, or intimidation is particularly insidious when directed at a member or group of the UC Law SF community on the basis of actual or perceived participation in a protected category; and, to the degree it constitutes prohibited bias activity, such conduct will also not be tolerated. UC Law SF complies with Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, the Americans with Disabilities Act, as amended, Section 504 of the Rehabilitation Act of 1973, and Title VII of the Civil Rights Act of 1964, as well as applicable state and local laws. This nondiscrimination policy covers admissions to, access to and treatment in UC Law SF-sponsored programs and activities.
Title IX and Sexual Misconduct Policy
Any member of the UC Law SF College of the Law community who believes he or she has been subjected to prohibited conduct in violation of the Sexual Misconduct Policy (“Prohibited Conduct” and “SMP” or “Policy”) is encouraged to report such a concern to Title IX Coordinator Andrea Bing or to the US Department of Education’s Office for Civil Rights (contact information included in “Reporting Misconduct”). Additionally, any person with knowledge of Prohibited Conduct is encouraged to report the concern to the Title IX Coordinator.
Except for UC Law SF-recognized confidential resources, the following UC Law SF members with knowledge of unreported Prohibited Conduct (or potentially Prohibited Conduct) must report such allegations to the Title IX Coordinator: (a) faculty and teaching staff, including adjunct faculty, lecturers in law, and visiting faculty, and (b) all other UC Law SF employees (including student employees if they learned of the alleged conduct in the line of their employment).
A report of Prohibited Conduct need not be in writing but a formal complaint must be in writing.
TITLE IX COORDINATOR
The College’s Title IX Coordinator oversees compliance with all aspects of the Sexual Misconduct Policy (hereinafter Policy). Questions about this Policy should be directed to the Title IX Coordinator.
Andrea Bing
Title IX & ADA/504 Coordinator
200 McAllister Street, Room 552
San Francisco, CA 94102
(415) 565-4733
TitleIXCoordinator@uclawsf.edu or wellesan@uclawsf.edu
In order to comply with the U.S. Department of Education’s (“DOE”) regulations for how colleges manage Title IX cases, UC Law SF has adopted a Sexual Misconduct Policy (“SMP”) which covers the 2020 Title IX requirements for adjudicating cases of prohibited sexual conduct.
The Office for Civil Rights has a Title IX website containing resource documents outlining the requirements under the regulations. Some of these documents include:
- The Title IX Final Rule, 34 C.F.R. 106.
- A Fact Sheet
- A Summary of the Major Provisions
- Webinars on process and protections
Contact Information to File a Complaint:
- Report directly to the Title IX Coordinator at 415-565-4733 or TitleIXCoordinator@uclawsf.edu;
- Report online, using the reporting form posted on Sharknet and/or
- Employees can also make reports to managers and Human Resources.
- Reports may be made to any administrator, faculty or staff member, “responsible employees,” who will promptly share the information with the Title IX Coordinator.
TITLE IX COORDINATOR
The College’s Title IX Coordinator oversees compliance with all aspects of the Sexual Misconduct Policy (hereinafter Policy). Questions about this Policy should be directed to the Title IX Coordinator.
Andrea Bing
Title IX & ADA/504 Coordinator
200 McAllister Street, Room 552
San Francisco, CA 94102
(415) 565-4733
TitleIXCoordinator@uclawsf.edu or wellesan@uclawsf.edu
OFFICE FOR CIVIL RIGHTS
Individuals experiencing harassment or discrimination also have the right to file a formal grievance with government authorities:
Office for Civil Rights (OCR)
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-1100
Customer Service Hotline #: (800) 421-3481
Facsimile: (202) 453-6012
TDD#: (877) 521-2172
Email: OCR@ed.gov
Web: http://www.ed.gov/ocr
Office for Civil Rights San Francisco
Office U.S. Department of Education
50 United Nations Plaza San Francisco, CA 94102
Telephone: (415) 486-5555
Facsimile: (415) 486-5570
Email: OCR.SanFrancisco@ed.gov
There is no time limit for filing a complaint. The current Sexual Misconduct Policy applies to all allegations that occur on or after August 14, 2020. For incidents that took place before and were not reported, the previous Gender-Based Harassment, Discrimination, and Sexual Misconduct Policy will apply. The College’s ability to provide remedial measures or jurisdiction over a respondent may be impacted by a delay in filing, but the College will evaluate all complaints filed, offer support services, and discuss options for proceeding based on the circumstances.
34 CFR Part 106.45(b)(10) of the 2020 Title IX Regulations requires recipients to publicly post training materials used to train the roles involved in their grievance processes for handling sex and gender discrimination, sexual harassment, and sexual misconduct. At UC Law SF, this primarily includes the Title IX Coordinator, investigators, and hearing officers as well as any other administrators who may be involved in decision-making or informal resolution.
Examples of topics covered in trainings:
- Updates on Title IX Regulations
- The scope of the College’s obligations with regards to discrimination and harassment based on sex and gender policy and procedures
- How to conduct investigations and hearings that protect the safety of the Complainants and Respondents, and promotes accountability
- Implicit bias
- Disparate treatment and impact
- Reporting, confidentiality, and privacy requirements
- Applicable law, regulations, and federal regulatory guidance
- Applicable state law and its interactions with federal law
- How to implement appropriate and situation-specific remedies and supportive measures
- How to investigate in a thorough, reliable, and impartial manner
- How to uphold fairness, equity, and due process
- How to weigh evidence
- How to conduct questioning
- How to assess credibility
- Impartiality and objectivity
- How to render findings and generate clear, concise, evidence-based rationales
- The definitions of all offenses
- How to apply definitions used by the College with respect to consent (or the absence or negation of consent) consistently, impartially, and in accordance with policy
- How to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes
- How to serve impartially by avoiding prejudgment of the facts at issue, conflicts of interest, and bias
- Any technology to be used at a live hearing
- Issues of relevance of questions and evidence
- Issues of relevance to create an investigation report that fairly summarizes relevant evidence
- How to determine appropriate sanctions in reference to all forms of harassment, discrimination, and/or retaliation allegations
- Record-keeping
- Informal resolution: how to handle in a fair and impartial manner
National Association of College and University Attorneys (“NACUA”) Title IX Trainings:
- Where are We Now, Where Where Might We Go?
- Title IX Coordinator Training: August 20 Regulatory Compliance
- Title IX Coordinator Training
- Conducting Effective Internal Investigations
California Civil Rights Department Sexual Harassment Prevention Training (Employees and Supervisors)
MCLE Trainings (2023)
- Title IX, Representing in Discrimination & Retaliation Cases
- Title IX: An Overview
- Sex Crime vs. Sexual Harassment
- Conducting In-House Investigations
- BIAS- Implicit Bias in the Legal Profession
OCR Trainings:
- OCR Webinar on Due Process Protection Under the New Title IX Regulations
- The First Amendment and Title IX: An OCR Short Webinar
- How to Report Sexual Harassment Under Title IX
- Secretary DeVos Announces New Title IX Regulations
- New Title IX Protections Against Sexual Assault
- OCR Webinar: Title IX Regulations Addressing Sexual Harassment
- Conducting and Adjudicating Title IX Hearings: An OCR Training Webinar
Trainings for Faculty, Staff, and Students:
UC Law SF conducts regular discrimination and sexual harassment training for all staff, faculty, and students. Students
Staff and Faculty:
- Implicit Bias
- Sexual Violence and Sexual Harassment Prevention Training
- Nonbinary Cultural Competency Training
- Trauma-Informed Teaching Colloquium
- California Civil Rights Department Sexual Harassment Prevention Training (Employees and Supervisors)
- Read the Definition Reference Sheet, which provides supplemental information, definitions and terms related to sexual misconduct and discrimination as defined by the Sexual Misconduct Policy, as well as federal and CA state law.
- Regularly review the College’s Sexual Misconduct Policy (SMP).
Students:
- Incoming students must attend mandatory in-person sexual harassment prevention training during orientation
- 2L and 3L students are provided with refresher overview sessions on sexual harassment and prevention as well as topic-specific trainings such as bystander intervention and dating violence.
After the 2020 Title IX Regulations changes, the College took the approach of implementing required changes while still ensuring that an appropriate response is made to all allegations of sexual harassment and misconduct beyond what Title IX prescribes. In most instances, this means that the rights and due process protections for Title IX cases and other Sexual Misconduct Policy cases will be the same and they will proceed under nearly identical processes.
One of the main changes that may be noted when looking at the policy is that sex/gender-based discrimination has been removed from the title of the policy and the policy itself. This should not be interpreted as the College removing discrimination as a form of misconduct or taking discrimination complaints any less seriously than harassment complaints, but rather, a conscientious decision by the College to treat discrimination cases (e.g. race, sex, gender, ethnicity) under a similar complaint and adjudication process (unless otherwise prescribed by Federal law or College policy). Gender-based or sex-based discrimination complaints should still be filed with the Title IX Coordinator.
Response Process
- Reporting of Misconduct: Any member of the community, guest or visitor who believes that the Sexual Misconduct Policy has been violated should contact the Title IX Coordinator. In the event that an incident involves alleged misconduct by the Title IX Coordinator, reports should be made directly to the Chancellor & Dean.
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Supportive Measures: Supportive measures are non-disciplinary, non-punitive services provided to a complainant or respondent before or after the filing of a complaint or where no complaint has been filed. They are designed to restore or preserve equal access to the College’s education programs and activities without unreasonably burdening the other party.
- Resolution Processes:
- Support Services: A complainant who does not wish to file a complaint may still request supportive measures whether or not they decide to file a formal complaint.
- Complaint-Based Process: A complainant may file a complaint with the Title IX Coordinator, which will trigger an investigation by the College and, possibly, a hearing and determination of responsibility against the respondent with appropriate sanctions.
- Complaint: A written statement submitted by an individual in order to initiate the College’s grievance process alleging that another individual or individuals engaged in sexual misconduct against them. A complaint is not required in order for an individual to request and receive supportive measures related to an allegation of sexual misconduct.
- Alternative Resolution: Alternative Resolution can be pursued for any behavior that falls within the policy on Sexual Misconduct at any time during the process after a complaint has been filed.
- Hearing-Based Resolution: Resolution of contested allegations.
The Title IX Coordinator will receive all formal Prohibited Conduct Grievances and reports of Prohibited Conduct.
- Remedial Measures: After a report or formal grievance reaches the Title IX Coordinator, the Coordinator may recommend that remedial measures be adopted. Remedial measures shall be reasonably calculated action to stop the Prohibited Conduct, prevent its reoccurrence, and protect the Complainant and may include no-contact orders.
- Retaliation: Retaliation is defined as any adverse action taken against a person participating in a protected activity because of their participation in that protected activity. Protected activity includes report or disclosure of Prohibited Conduct under this Policy and/or participation in the investigation, reporting, remedial, or disciplinary process provided for in this Policy. Retaliation against an individual for an allegation, for supporting a reporting party or for assisting in providing information relevant to an allegation is a serious violation of College policy. Acts of alleged retaliation should be reported immediately to the
Title IX Coordinator and will be promptly investigated. UC Law SF is prepared to take appropriate steps to protect individuals who fear that they may be subjected to retaliation. Retaliation includes threats, intimidation, reprisals, and/or adverse employment or educational actions.
Formal Resolution: Resolution of contested allegations.
- Due Process: During a formal investigation, both the Complainant and the Respondent shall be afforded due process. Additionally, the Complainant and Respondent have the right to have an advisor of their choosing present at all meetings and interviews.
- Investigation: The Investigator will interview both the Complainant and the Respondent about the alleged Prohibited Conduct. Both the Complainant and the Respondent may provide witnesses, who shall also be interviewed, in relation to the alleged Prohibited Conduct. After a thorough investigation, the Investigator will submit an investigation report with all relevant evidence related to the allegations that was reviewed by the investigator.
- Standard of Review: The College uses preponderance of the evidence (i.e., whether it is more likely than not that the responding party committed each alleged violation) or clear and convincing standard (i.e. highly probable), depending on the sanction. To sustain a charged violation, the College bears the burden of proof by a preponderance of the evidence, except a violation giving rise to a sanction of Dismissal/Termination must be supported by clear and convincing evidence.
If the Complainant or the Respondent is dissatisfied with the final determinations of a Formal Resolution made under the Policy, both have a right to appeal the outcome. All requests for appeal consideration must be submitted in writing to the Title IX Coordinator within five (5) days of the delivery of the written finding of the hearing.
Grounds for Appeal: Any party may appeal the findings and/or sanctions only under the grounds described, below:
- A procedural error or omission occurred that significantly impacted the outcome of the hearing (e.g. substantiated bias, material deviation from established procedures, etc.).
- To consider new evidence, unknown or unavailable during the original hearing or investigation, that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included.
- The sanctions imposed fall outside the range of sanctions the College has designated for this offense and the cumulative record of the responding party.
Policy on Discrimination, Protected-Status Harassment, Sexual Harassment, and Sexual Assault and Violence Related to Students
The University of California College of the Law, San Francisco (UC Law SF) is a community of students and professionals committed to upholding the principles of academic integrity and honesty and the highest standards of professional conduct in teaching, learning, research, and service. In expression of this commitment, and in strict compliance with federal, state, and local laws, UC Law SF has adopted a policy prohibiting acts of discrimination, bias, protected-status harassment, sexual harassment, and sexual assault and violence against students, and establishing procedures for responding to violations against students by students, employees, other students, or third parties. An electronic copy of the policy is e-mailed to each student at the time of orientation.
Contained in the policy is a detailed description of the different types of prohibited conduct and the duties that arise under the policy, including UC Law SF’s policy on mandatory reporting. The policy also details the procedures for filing a complaint and the options that are available prior to or in lieu of a formal complaint, including the option to seek advice or informal resolution, or to report anonymously. Information is provided about the possibility of limited immunity for related misconduct. Further detailed in the policy is the period of limitations for the filing of a complaint, the evidentiary standard applied in the formal investigatory process, rights of the various parties during and throughout the investigatory and appellate process, and all other aspects of the protocol governing investigation and resolution of a complaint. Finally, the policy contains a detailed list of the responsibilities of the various parties in connection with the policy, and a list of resources for survivors and perpetrators of sexual assault/violence.
The Policy is binding upon all students of UC Law SF and describes processes by which redress and remediation can be provided to individuals or groups who believe they have been the victims of prohibited conduct. Where sexual misconduct is involved, the policy is presumed to supersede all other procedures and policies set forth in other UC Law SF policies. The Policy establishes standards and procedures for the reporting and investigation of complaints, the dispensation of disciplinary action, and the provision of information pertaining to the pursuit of criminal or other legal action, where appropriate. Members of the UC Law SF community who have relevant information are expected to cooperate with any investigations conducted pursuant to the Policy. Ignorance of the Policy is not an excuse for its violation. Acts in retaliation for complaints filed pursuant to the policy will not be tolerated.
UC Law SF will respond to the fullest extent of its authority to violations of the Policy. The Policy applies to allegations of misconduct made by or against students regardless of where the misconduct may have occurred, to the degree that the conduct giving rise to the complaint is related to UC Law SF’s social, cultural, academic, extracurricular, educational, or professional activities. Additionally, although there is no geographical limitation to applicability of the Policy, sexual misconduct that is alleged to have occurred at a significant distance from UC Law SF’s property may be more difficult for UC Law SF to investigate.
Complaints regarding inappropriate workplace conduct that is not covered by the Policy should be directed to the UC Law SF Department of Human Resources. Complaints by faculty of unlawful discrimination in reappointment, promotion, and tenure are governed by procedures set out in the UC Law SF Faculty Rules and Regulations. Complaints alleging misconduct by students that is not covered by the Policy are governed by the UC Law SF Student Conduct Code and should be directed to the Office of the Associate Academic Dean.
Employee Process Regarding Harassment
Employees may bring complaints regarding harassment or discrimination based on protected categories or any other basis protected by federal state or local law or ordinance or regulation under the following policy: Personnel Non-Harassment Policy. Employees may also bring complaints to the Title IX Coordinator under the Sexual Misconduct Policy.
Disability Discrimination
Any member of the UC Law SF College of the Law community who believes he or she has been subjected to unlawful discrimination on the basis of disability is encouraged to report such a concern to the ADA-Section 504 Coordinator, Andrea Bing, or to the US Department of Education’s Office for Civil Rights. Andrea Bing is responsible for coordinating UC Law SF’ compliance with these disability rights laws. Questions or concerns related the rights of persons with disabilities may also be directed to her.
Additionally, any student who believes he or she has been discriminated against on the basis of disability may file a grievance under the Students with Disabilities policy.
If you are a student with a documented disability and believe you require reasonable accommodations, please contact the Disability Resource Program or view their page for more information.