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UC Santa Cruz · 2020-05-15 · UC Santa Cruz Title IX Investigation & Adjudication Model Senate...

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Title IX Notified Once an allegation is received by the Title IX office, outreach to individuals and a preliminary inquiry is conducted. END Insufficient Information The investigation is unable to proceed if there is insufficient information or if a complainant decides not to move forward. Alternative Resolution All parties agree to an alternative resolution. A formal investigation is not conducted. END Investigation Launches A formal investigation is launched by the Title IX office. The investigation seeks to determine if there have been any violations to UC’s policy on sexual violence and sexual harassment. The chancellor is notified of the investigation at this time. Investigation Complete When the investigation is completed, the chancellor is notified of any policy violation findings. The claimant and respondent can receive a copy of the report. Determination of UC Policy Violation No Violation of UC Policy Response to Findings The complainant and respondent may submit a written response and/or request a meeting with the chancellor or designee. END When applying a preponderance of evidence standard, the investigator finds a violation of UC Policy on Sexual Violence and Sexual Harassment, which establishes probable cause under APM-015. Peer Review Committee Makes Recommendation The chancellor-appointed committee advises the CP/EVC on discipline or other actions to bring resolution to the policy violation(s). CP/EVC Makes Determination Based on the Title IX investigation report, response to findings by all parties, and the Peer Review Committee recommendations, the CP/EVC may make a determination of resolution action. Early Resolution The CP/EVC proposes an early resolution, which can include disciplinary actions and other measures. Respondent refuses early resolution Notice of Charges & Discipline Filed CP/EVC files notice of charges and proposed disciplinary action with Senate Privilege and Tenure Committee. The complainant and respondent are notified of this action. No Formal Discipline No formal discipline will be issued to respondent. Both complainant and respondent are notified of the outcome. END Early Resolution Accepted Respondent accepts early resolution proposal. Complainant is notified of the outcome. END P&T Hearing Senate Privilege & Tenure Committee conducts a hearing, then makes a recommendation to the chancellor regarding discipline. Applying the preponderance of evidence standard, the investigator does not find a violation of the UC Policy on Sexual Violence and Sexual Harassment. Final Determination With some exceptions, the chancellor makes the final determination on discipline. The Regents make the final determination on dismissal. The complainant and respondent are notified of the outcome. END Prior to the Title IX office receiving notification of an allegation, potential complainants may be directed by a Title IX officer, CARE advocate, licensed counselor, or other resource about on- and off-campus resources, notice of their rights, and reporting options including Title IX and law enforcement. There is no limit on the time within which a complainant may report an alleged violation. 60 BUSINESS DAYS* for an investigation & determination of findings 40 BUSINESS DAYS* to file any charges Notice of any proposed disciplinary action must be delivered no later than three years after the Chancellor is deemed to have known about the alleged violation. Support and interim measures available throughout the process. Respondent may be placed on involuntary leave at any time (APM-016). UC Santa Cruz Title IX Investigation & Adjudication Model Senate Faculty 2018-19 Evidence Review All parties have the opportunity to review the evidence presented during the investigation *Timeline dates may be extended for good cause. 09/18
Transcript
Page 1: UC Santa Cruz · 2020-05-15 · UC Santa Cruz Title IX Investigation & Adjudication Model Senate Faculty 2018-19 Evidence Review All parties have the opportunity to review the evidence

Title IX Notified

Once an allegation is receivedby the Title IX office, outreachto individuals and a preliminary

inquiry is conducted.

END

Insufficient Information

The investigation is unable to proceed if there is insufficient information or if a

complainant decides not to move forward.

Alternative Resolution

All parties agree to an alternative resolution. A formal investigation is

not conducted.

END

InvestigationLaunches

A formal investigation islaunched by the Title IX office. The investigation

seeks to determine if therehave been any violations to

UC’s policy on sexual violence and sexual

harassment. The chancelloris notified of the investigation

at this time.

InvestigationComplete

When the investigationis completed, the

chancellor is notified of any policy violation findings.

The claimant and respondent can receive a

copy of the report.

Determination of UC Policy

Violation

No Violation of UC Policy

Response to Findings

The complainant and respondent may submit awritten response and/orrequest a meeting with

the chancellor or designee.

END

When applying apreponderance of evidencestandard, the investigator

finds a violation of UC Policy on Sexual Violence

and Sexual Harassment, which establishes probable

cause under APM-015.

Peer Review Committee MakesRecommendation

The chancellor-appointedcommittee advises the CP/EVC on discipline or

other actions to bring resolutionto the policy violation(s).

CP/EVC Makes Determination

Based on the Title IXinvestigation report,

response to findings by all parties, and the Peer Review Committee

recommendations, the CP/EVC may make a

determination of resolution action.

Early Resolution

The CP/EVC proposesan early resolution, whichcan include disciplinary

actions and other measures.

Respondent refusesearly resolution

Notice of Charges& Discipline Filed

CP/EVC files notice of charges and

proposed disciplinary action with Senate Privilege and

Tenure Committee. Thecomplainant and respondent

are notified of this action.

No FormalDiscipline

No formal discipline will beissued to respondent. Both complainant and respondent are notified of the outcome.

END

Early Resolution Accepted

Respondent accepts early resolution proposal. Complainant

is notified of the outcome.

END

P&T HearingSenate Privilege & Tenure

Committee conducts a hearing, then makes a recommendation to the chancellor regarding discipline.

Applying the preponderance of evidence standard, the investigator

does not find a violation of the UC Policy on Sexual Violence

and Sexual Harassment.

FinalDetermination

With some exceptions, the chancellor makes the final

determination on discipline. The Regents make the final determination on dismissal.

The complainant and respondentare notified of the outcome.

END

Prior to the Title IX of�ce receivingnoti�cation of an allegation, potential

complainants may be directed by a Title IX of�cer, CARE advocate, licensed

counselor, or other resource about on- and off-campus resources, notice of

their rights, and reporting options including Title IX and law enforcement.

There is no limit on the time within which a complainant may report an

alleged violation.

60 BUSINESS DAYS*for an investigation & determination of findings

40 BUSINESS DAYS*to file any charges

Notice of any proposed disciplinary action must be delivered no later than three years after the Chancellor is deemed to have known about the alleged violation.

Support and interim measuresavailable throughout the process.

Respondent may be placed on involuntary leave at any time

(APM-016).

UC Santa CruzTitle IX Investigation & Adjudication Model

Senate Faculty2018-19

Evidence ReviewAll parties have the opportunity to review the evidence presented during the investigation

*Timeline dates may be extended for good cause.

09/18

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