UCLA SVSH Policy

Consent

Affirmative, conscious, voluntary and revocable

Affirmative consent

Ongoing and revocable

Consent is the responsibility of

Each person

Consent is not a valid excuse if belief of consent came from

Individual's intoxication, individual did not take reasonable steps towards to ascertain affirmative consent, individual was incapacitated (unconscious, influence of drugs/alcohol/medication, mental or physical condition)

Sexual Assault- Penetration

Non-consensual penetration (of any degree) of vagina, mouth, or anus by penis, or any body part or object

Sexual Assault- Contact

Non-consensual touching of an intimate body part (genitals, anus, groin, breasts, buttocks), clothed or unclothed.

Who determines whether it is sexual harassment or violence?

Title IX Office

Both forms of sexual assault are aggravated when it includes

The overcoming of the individual's will by use of force (physical force or inducing fear of injury), violence (physical force to cause immediate harm/injury), menace (threat of intent to injure), duress (explicit or implicit threat of force, violence, danger, or hardship), deliberately causing individual to be incapacitated, taking advantage of an individual's incapacitation, or distributing images of individual without consent.

Dating violence

Conduct by person who is/has been in a intimate relationship with individual that intentionally or recklessly causes bodily harm to the individual. Or places reasonable fear.

Domestic Violence

Conduct by a current or former spouse, intimate partner, or fellow child bearer, that intentionally or recklessly causes bodily harm to individual. Or places reasonable fear.

Stalking

Monitoring, observing, surveilling, threatening or communicating, directed at individual with sexual or romantic motivation that would cause reasonable fear.

Sexual Harassment requires

Unwelcome sexual advances, favors, or conduct when Quid Pro Quo or Hostile environment.

Quid Pro Quo

Submission to conduct is made explicit or implicit on the basis employment, academic evaluation, advancements, or other decisions affecting participation in University program

Hostile Environment

Conduct is sufficiently severe or pervasive that it unreasonably denies, adversely limits, or interferes with a person's participation in or benefit from the education, employment or other programs and services of the University

Other prohibited behavior

Invasions of sexual privacy (non-consensual watching of others' nudity or sexual acts, non-consensual recording of nudity or sexual acts, using depictions of nudity for extortion).

Sex with a minor

Flashing

Failure to comply with a no-contact order

Retailiation

Threats, intimidation, reprisals, and/or adverse employment or educational actions against a person based on their report of Prohibited Conduct

Confidential reporting entities

CARE advocates, Ombuds, licensed counselors, any persons with a professional license requiring confidentiality

Complainant

Any person who files a report of sexual violence or sexual harassment or other prohibited behavior or retaliation or any person who has been the alleged subject of such Prohibited Conduct or retaliation.

Preponderance of Evidence

A standard of proof that requires that a fact be found when its occurrence, based on evidence, is more likely than not.

Respondent

A person alleged to have engaged in Prohibited Conduct and about whom a report of sexual violence, sexual harassment, other prohibited behavior, or retaliation is made.

Responsible Employee

Any University employee who is not a Confidential Resource and who receives, in the course of employment, information that a student (undergraduate, graduate, or professional) has suffered sexual violence, sexual harassment or other prohibited behavior shall promptly notify the Title IX Officer or designee

RAs, Grad teaching assistants, and other student employees, campus police, HR, faculty

Immunity

Neither a Complainant nor witness in an investigation of sexual violence will be subject to disciplinary sanctions for a violation of the relevant University conduct policy at or near the time of the incident, unless the violation placed the health or safety of another at risk

Privacy

An investigation may involve interviews with a number of persons to inquire if they have relevant evidence, and extremely sensitive information may be gathered. While such information is considered confidential, University policy may also require the disclosure of certain information during or following an investigation

Who approves policy and revises it?

The President

Reporting

Any person can make a report (and anonymously) to Title IX Officer, Responsible employee, or other designated office.

Timeline

All reports should be made no matter length of time elapsed.

Initial assessment of report

The Title IX Officer will make an initial assessment of the report to determine whether (i) the report, on its face, alleges an act of Prohibited Conduct as defined in Section II; and (ii) such conduct has a sufficient nexus with the University for it to intervene.

The University has jurisdiction over alleged violations of this Policy that occur on University property (such as offices and residence halls) or in connection with University activities, programs, or events. In addition, the University may exercise jurisdiction over conduct that occurs off-campus (i) but affects the learning or working environment.

Required Notifications

Those making the report must be notified of the confidentiality of reports and the range of outcomes of the report (safety measures, remedies, disciplinary actions).

If the initial report results in a formal investigation: the Complainant and Respondent will be simultaneously informed in writing of: (i) the outcome of the investigation and its rationale; (ii) any available appeal rights and procedures; and (iii) how to obtain a copy of the Investigation Report, which may be redacted as necessary to protect privacy rights.

If a disciplinary hearing ensues: The Complainant and the Respondent will be simultaneously informed in writing of: (i) the outcome of the disciplinary proceeding, including the final determination with respect to the alleged offense, any sanction that is imposed, and the rationale for the results; (ii) any available appeal rights and procedures; and (iii) any subsequent change to the results and when results will become final.

Alternative Resolution

mediation (except in cases of sexual violence);

• separating the parties;

• providing for safety;

• referring the parties to counseling;

• referral for disciplinary action;

• a settlement agreement;

-conducting targeted preventive educational and training programs; and

• conducting a follow-up review to ensure that the resolution has been implemented effectively.

Alternative Resolution may be especially useful when: a report is made by a third party or anonymously; a Formal Investigation is not likely to lead to a resolution; both parties prefer an informal process; or a case involves less serious violations.

Investigation Timeline

The investigation shall be completed promptly, typically within 60 business days of its initiation, unless extended by the Title IX Officer for good cause followed by written notice to the Complainant and Respondent of the reason for the extension and the projected new timeline.

Investigation includes

The investigation generally includes interviews with the Complainant, the Respondent, and witnesses, if available, and a review of documents as appropriate.

Investigation Report

Includes a statement of the allegations and issues, the positions of the Complainant and Respondent, a summary of the evidence, an explanation why any proffered evidence was not investigated, and findings of fact and an analysis of whether a violation has occurred.

Location Responsibilties

1. Designate and provide adequate resources and independence to a Title IX Officer.

2. Designate persons who can offer confidential consultations, without reporting the incident to the Title IX Officer, to any member of the University community seeking information, or advice about making a report of Prohibited Conduct.

3. Establish an independent, confidential Advocacy Office for addressing sexual assault, dating violence, domestic violence, and stalking called CARE: Advocacy Office for Sexual and Gender-Based Violence and Misconduct.

4.Provide a "Respondent Services Coordinator" that facilitates fair and equitable services for the Respondent.

5.Establish a response team model consisting of two teams: Case Management Team and Coordinated Committee Review Team

6. Provide mandatory annual training and education, about Prohibited Conduct and how such conduct can be reported.

7. Follow University established and approved processes for investigation, adjudication, and sanctioning.

8. Provide comprehensive, regular training with a trauma-informed perspective for individuals responsible for responding to reports of Prohibited Conduct.

9.Publicize a location-specific process for reporting incidents of Prohibited Conduct.

10. Provide written explanation of rights and available options as outlined in this Policy including...

11. Distribute and post this Policy.

Case Management Team

Maintains consistent coordination of reported sexual violence cases, ensures all cases are addressed promptly and equitably, and ensures the response is trauma-informed

Coordinated Committee Review Team

Responsible for a campus collaborative approach to preventing and addressing sexual violence. The CCRT serves in an advisory capacity to campus leadership and community members about best practices in policies, education, prevention and response to sexual violence.

Advisor

Any individual except a potential witness who provides the Complainant or Respondent with support, guidance, or advice

Result or outcome

A result or outcome includes a written description of any initial, temporary, and final decision made by any authorized person, which aims to resolve a disciplinary matter. The result must disclose any sanctions imposed and the rationale for the result and the sanctions.

Nudity

The absence of an opaque covering which covers the genitals, pubic hair, buttocks, perineum, anus or anal region of any person or any portion of the breast at or below the areola thereof of any female person.

Does Sexual Assault include rape and battery as defined in the penal code?

Yes

If an incident of sexual harassment or sexual violence is reported to the Title IX Officer by a third party who was not the subject of the alleged conduct, must that party be notified of the outcome of an investigation or disciplinary proceeding?

No. Only Complainant and Respondent

Affect of Criminal Investigation

The termination of a criminal investigation without an arrest or conviction does not affect the location's Title IX obligations. Even if a criminal investigation is ongoing, the University must still conduct its own Title IX investigation.

If the alleged conduct by the Respondent is also the subject of a criminal investigation, the Title IX Office will coordinate its investigation with the police.

Responsible Employees and Take Back the Night

Responsible employees are not required to report incidents that they become aware of while attending a public awareness event, such as "Take Back the Night" and statements made about incidents during such events will not require an investigation unless the survivor initiates a complaint.