FAQ
Why is UCSD concerned about preventing sexual harassment?
What are some examples of sexual harassment?
How are sexual harassment complaints resolved?
Who should I contact if I have a question about
sexual harassment?
What if I fear retaliation for reporting sexual harassment?
When may I date another UCSD affiliate?
How can I learn more about sexual harassment?
Who must comply with the UCSD Sexual Harassment Policy?
What are my responsibilities as a UCSD employee?
Where is the Office of Sexual Harassment
Prevention and Policy?
How does UCSD protect my privacy?
What responsibilities do supervisors have under UCSD policy?
Sexual harassment is a specific type of discrimination which is illegal under federal and state law and UCSD policy. It is defined as unwelcome conduct of a sexual nature that is so severe or pervasive that it creates a hostile environment for a reasonable person. A determination of whether particular conduct constitutes sexual harassment depends on the totality of the circumstances. Sexual harassment may occur between persons of differing power or between peers. It may also involve a female harassing a male, or a male or female harassing a person of the same gender. Gender identity discrimination is also prohibited.
Why is UCSD concerned about preventing sexual harassment?
UCSD is committed to creating and maintaining a community in which all persons
who participate in UCSD programs and activities can work, learn and live
together in an atmosphere free from all forms of harassment, exploitation, or
intimidation. Sexual harassment is a violation of the law and university
policy. We are required by law to take proactive measures to prevent
sexual harassment, to communicate our policy to all members of the UCSD
community, to protect employee confidentiality to the extent possible, and to
promptly and effectively resolve complaints when they occur.
What are some examples of sexual harassment?
Sexual harassment may be verbal, visual or physical conduct.
Examples include:
§ Direct propositions of a sexual nature;
§ Sexual innuendos and other seductive behavior, including pressure for sexual activity such as repeated, unwanted requests for dates, and repeated inappropriate personal comments, staring, or touching;
§ Direct or implied threats that submission to sexual advances will be a condition of employment, promotion, grades, etc.;
§ Unnecessary or unwanted touching, patting, massaging, hugging or brushing against a person’s body, impeding or blocking movements or other unwanted conduct of a physical nature;
§ Remarks of a sexual nature about a person’s clothing or body;
§ Unwelcome and inappropriate letters, telephone calls, electronic mail, or other communications or gifts.
Conduct may violate the University Policy on Sexual Harassment only if it meets the definition set out in that Policy
How are sexual harassment complaints resolved?
The Office of Sexual Harassment Prevention and Policy (OSHPP) utilizes both informal and formal procedures for resolving sexual harassment complaints. We encourage early reporting of concerns or complaints regarding sexual harassment because complaints are most effectively resolved at the earliest possible stage. Resolution options depend on the circumstances and may include education programs for particular individuals and mediation between the parties. Where informal resolution is unsuccessful or inappropriate, a formal complaint may be filed and a formal investigation undertaken. There is no prescribed sequence, so choosing one option first does not prevent a complainant from choosing a different option for resolution later on. Individuals may get advice or assistance without filing a complaint.
Resolution of Complaints
We encourage early reporting of concerns or complaints regarding sexual harassment. Persons may simply seek confidential advice and resolve the problem themselves. Depending on the circumstances, resolution options could also include educational programs for targeted units or for particular individuals, or mediation between the parties. The goal of the early resolution is to stop the offending conduct.
Individuals with concerns about sexual harassment are urged to seek assistance early, for under most circumstances, the sooner an incident or situation is addressed, the better the chances are for successful resolution.
Formal Resolution of Complaints
If a complaint is not resolved through the early resolution process, an individual may file a formal complaint by submitting a written complaint to OSHPP describing the alleged conduct and requesting assistance by the University. Use of the early resolution process is not a prerequisite to initiating a formal complaint.
Unlike the early resolution process, the formal procedures require a written complaint; involve interviews with the parties and with witnesses, and result in a fact-finding report stating whether there is reasonable cause to believe that a violation of the University's sexual harassment policy has occurred. The report is forwarded to the appropriate campus administrator (depending on whether the accused is a student, a faculty member, or a staff employee) who will determine whether the complaint should be dismissed (if, for example, there is no finding of reasonable cause) or should be referred for disciplinary action.
OSHPP may also be contacted for information regarding grievance procedures.
Complaint Resolution Flow Chart
Who should I contact if I have a question about sexual harassment?
If you or someone you know has a question about sexual harassment, please contact the Office of Sexual Harassment Prevention and Policy (OSHPP). You may leave a confidential voicemail at (858) 534-8298, email us at oshpp@ucsd.edu or visit us at 201 University Center on main campus at the corner of Gilman and Myers. OSHPP office hours are Monday through Friday 8:00 am to 4:30 pm.
What if I fear retaliation for reporting sexual harassment?
Some people fail to report sexual harassment because they fear retaliation. Threats, other forms of intimidation, and retaliation against anyone for reporting sexual harassment or for assisting another in bringing a complaint are prohibited. Retaliation is a violation of the law and UCSD policy, and it is a serious offense. UCSD takes measures to protect those who complain of or witness incidents of sexual harassment.
When may I date another UCSD affiliate?
UCSD has a consensual relationship policy which addresses potential ethical and legal issues that arise when individuals develop romantic or sexual relationships. Consensual relationships where there is a power differential between the parties pose potential and real conflicts of interest. Effective steps must be taken to ensure that evaluation or supervision of the faculty member, staff person or student is unbiased and not based on the consensual relationship.
The UC Regents have approved a systemwide faculty-student relationship policy that states, “Whenever a faculty member is responsible for academic supervision of a student, a personal relationship between them of a romantic or sexual nature, even if consensual, is inappropriate. Any such relationship jeopardizes the integrity of the educational process.” It is misconduct for faculty to engage in romantic or sexual relationships with students for whom the faculty member has, or should expect to have in the future, academic, instructional, evaluative, or supervisory responsibility. This policy is available online at http://www.ucop.edu/acadadv/acadpers/apm/apm-015.pdf The UCSD Policy on Conflicts Of Interest Arising Out Of Consensual Relationships is available online at http://adminrecords.ucsd.edu/ppm/docs/200-11.pdf
Title IX of the Education Amendments of 1972 is the federal law that prohibits sexual harassment in educational institutions that are recipients of federal funds. Title IX states: “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance.” The U.S. Department of Education Office for Civil Rights (OCR) has issued guidelines outlining schools’ responsibilities for preventing sexual harassment and for resolving complaints when they arise. The OCR Sexual Harassment Guidance is available at http://www.ed.gov/about/offices/list/ocr/docs/sexhar00.html
How can I learn more about sexual harassment?
The Office of Sexual Harassment Prevention and Policy (OSHPP) offers education to the entire UCSD community. We have live presentations, written materials, an informative website, and an online program that features self-paced, interactive, and comprehensive education about sexual harassment and gender discrimination issues. Our online education program, Preventing Sexual Harassment, is available at http://newmedialearning.com/psh/ucsd/
Who must comply with the UCSD Sexual Harassment Policy?
All members of the UCSD community, including faculty, staff and students, are subject to the Sexual Harassment Policy. We are all responsible for ensuring an environment that is free from all forms of harassment, exploitation or intimidation.
What are my responsibilities as a UCSD employee?
California law requires that employees make reasonable use of employer sexual harassment complaint resolution procedures. If you have a concern about sexual harassment, you are urged to seek assistance from OSHPP as soon as possible. Unreasonable delay or failure to report incidents of sexual harassment could affect your legal rights. Contact OSHPP at (858) 534-8298 or email oshpp@ucsd.edu.
Where is the Office of Sexual Harassment Prevention and Policy?
The Office of Sexual Harassment Prevention and Policy (OSHPP) is located at 201 University Center on the main UCSD campus at the corner of Gilman and Myers. The office hours are Monday through Friday 8:00 am to 4:30 pm. You may leave a confidential message on the OSHPP voicemail at (858) 534-8298 or email us at oshpp@ucsd.edu
How does UCSD protect my privacy?
Because the University is required by state and federal laws to take appropriate action to ensure an educational and employment environment that is free of sexual harassment, the University can never give an absolute guarantee that the information provided by an individual will remain confidential. Typically, the more formal the proceeding is, the less confidential the information remains. However, the University is committed to protecting the privacy rights of all individuals in the University community and honors those rights to the extent allowable by law. The expressed wishes of the complainant, the accused, and witnesses regarding confidentiality will be considered within the context of the university's legal obligation to insure that sexual harassment is stopped, and with consideration of the charged party's right to obtain information. Possible options for University action in light of a confidentiality request will be discussed prior to University action.
What responsibilities do supervisors have under UCSD policy?
University officials are charged by state and federal laws to provide a work environment that is free of harassment and to assist those who report harassing conduct to them. Supervisors are responsible for immediately responding to reports of harassment that come to their attention. Any supervisor responsible for reporting or responding to sexual harassment, who know about the harassment and took no action to stop it or failed to report it, may be subject to disciplinary action. Supervisors are strongly encouraged to consult with OSHPP to ensure that prompt and appropriate action is taken in compliance with law and policy. New supervisors are encouraged to contact OSHPP to learn more about their responsibilities and to participate in the Supervisory Training Laboratory offered through Staff Education.
