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Dear President Napolitano:

We, the undersigned faculty and staff of the University of California, call on you to amend the University of California's Sexual Violence and Sexual Harassment Policy (SVSH) so that it no longer violates the rights and needs of student survivors of sexual violence and harassment and reflects our commitment to supporting survivors and ending sexual violence and harassment on our campuses.

WHEREAS  “The University of California is committed to creating and maintaining a community dedicated to the advancement, application and transmission of knowledge and creative endeavors through academic excellence, where all individuals who participate in University programs and activities can work and learn together in an atmosphere free of harassment, exploitation, or intimidation” (SVSH 1);

WHEREAS The current policy classifies virtually all University of California staff and faculty as “Responsible Employees,” compelling said staff and faculty to violate the confidentiality and autonomy of undergraduate, graduate, and professional students by forwarding all details of any student-reported sexual harassment or violence to the Title IX office for investigation, where such investigations are not necessarily confidential;

WHEREAS Decades of research and advocacy with survivors of interpersonal violence have shown that accessibility of confidential support, whether from friends, co-workers, supervisors, teachers, or counselors, is critical to empowering survivors and helping them access appropriate services;

WHEREAS Survivors must have the right to control if and when their experiences are investigated and adjudicated through University and/or legal channels;

WHEREAS Staff and faculty are often important sources of support for students in times of crisis;

THEREFORE, Faculty, staff, and students at the University of California call on the administration to designate most faculty and staff as “Student-Directed Employees” and that only those employees who have the authority to address prohibited conduct and whom students would reasonably expect to have the authority to remedy prohibited conduct in light of the Sexual Harassment and Sexual Violence policy remain designated as “Responsible Employees” for Title IX purposes (see Appendix A).  “Confidential Resources,” which include CARE Advocates, the Ombuds, and licensed counselors, remain unchanged.

Student-Directed Employees offer students information, resources, support, and the ability to report if that is the student’s choice.

This change in policy encourages reporting by students who have experienced prohibited conduct because it clearly identifies “Responsible Employees” for reporting purposes, respects the wishes of students when they talk to other employees, and makes all employees at the institution part of the solution to prohibited conduct. Rather than endorsing a culture of required reporting, which has the potential to chill campus reporting and undermine meaningful relationships between faculty, staff, and students, this policy change will foster positive relationships between faculty, staff, and students and support survivors as they make their own decisions about how to proceed.


APPENDIX A: "Responsible Employees"
The following individuals should remain a “Responsible Employee” for any disclosures of sexual harassment, sex and gender-based stalking, sex and gender-based harassment and bullying, dating violence, and domestic violence made by the student victim directly to the employee. A person on this list is not a “responsible employee” if that individual is also a “Confidential Employee.”
• All members of the Board of Trustees (including student members)
• President
• Provosts and Vice Provosts
• Athletic Director (Director of Intercollegiate Athletics)
• Senior Associate and Deputy Athletic Directors
• Head Coaches
• Director of Student Conduct
• Student Conduct Code Officers
• Title IX Coordinator
• Deputy Title IX Coordinators
• Title IX Appeals Officer
• Director of Affirmative Action and Investigators
• Director of Operations and Chief of Staff
• Director of Housing
• Senior Associate Director of Housing
• Senior Director of Employee and Labor Relations
• Deans
• Associate Deans responsible for more than one academic unit,
• Dean of Students
• Associate Dean of Student Conduct
• Department Heads
• Chief Human Resource Officer
• Director of Study Abroad
• General Counsel and all attorneys in that office

For a Responsible Employee, reportable evidence is limited to credible evidence that is of the kind that prudent people would rely on in making personal or business decisions. Reportable evidence is not obtained: (1) during public awareness events (For example, “Take Back the Night,” and “survivor speak outs”); (2) as part of an Institutional Review Board-approved human subjects research protocol focused on Prohibited Discrimination; or (3) in the context of a class assignment. (Note: If a faculty member who is also a Designated Reporter believes that a classroom assignment may elicit a disclosure that would trigger obligations under this policy, that faculty member should make clear to students that an account provided in response to a classroom assignment, without more information, will not result in the university taking any action in response to the disclosure. This means that the university will not investigate the incident, offer interim measures or otherwise take steps to remediate the behavior.)

Reportable evidence excludes information obtained during a conversation that is otherwise privileged or confidential under state or federal law. Examples of this exclusion include, but are not limited to: attorneys, who are not required to disclose information covered by the attorney-client privilege; union stewards and union representatives, who are not required to disclose information obtained during a conversation with a member regarding workplace issues (including grievances); and licensed mental health professionals (counselors, psychologists, etc.), who are not required to disclose information covered by an applicable privilege.

Thank you for your prompt attention to this matter.