FAQ: Investigation and Adjudication Model for Cases Involving Students
Undergraduate and graduate students who have experienced sexual violence can speak confidentially to a campus CARE advocate to understand their rights and reporting options, including the option not to report. Students will also receive written explanations of these rights and reporting options. In addition, CARE advocates will inform students about counseling and other support resources that are available. Students accused of sexual violence or sexual harassment can contact their local Respondent Services Coordinator to help them understand their rights, the university’s investigation and adjudication process, and available resources.
How does the new systemwide investigation/adjudication model work?
The Office of Student Conduct will review the investigation report and determine if the allegations have been substantiated and if UC’s Sexual Violence and Sexual Harassment Policy has been violated. Both students will have an opportunity to meet with Student Conduct before a final decision is made. If there has been a policy violation, Student Conduct will assess the disciplinary sanction(s). Students will be notified of any sanctions within 10 business days of the notice of findings, as well as options for appealing.
How do the new systemwide investigation guidelines, adjudication model and sanctions process differ from UC’s previous practice?
The new systemwide model establishes a consistent and efficient process for the investigation and adjudication of complaints of sexual violence and sexual harassment against students and assigns specific authority, roles and responsibilities to certain offices to ensure consistency across the UC system. The new model outlines a trauma-informed (using practices that are sensitive to those who have experienced trauma) and fair process for the student filing the complaint (complainant) and the student responding to the complaint (respondent), allowing both an equal opportunity to be heard, to offer witnesses and evidence, to comment and to appeal. It also sets projected timeframes for the investigation, adjudication and appeals process in order to provide a prompt and effective response to complaints.
Do I have to wait until the investigation and adjudication process is completed before the university will provide me with assistance or accommodations?
What is the minimum/maximum sanction for a student found in violation of the policy?
Sanctions can range, depending on the offense, up to dismissal from the university for the most serious matters.
What if I disagree with the results of the investigation, the Office of Student Conduct’s finding or the sanction? Can I appeal?
An appeal board, made up of one to three appropriately trained individuals, will hear the matter and decide whether to uphold, overturn or modify the decision or sanctions.
If the appeal board upholds the decision, then the matter is over. If the appeal board overturns or modifies either the findings or the sanctions, either student has one additional opportunity to appeal by submitting a written request to the chancellor or the chancellor’s designee within five business days.
If I disagree with the decision of the chancellor or the chancellor’s designee, can I appeal again?
How long does the investigation and adjudication process take?
The appropriate campus personnel will keep both students informed throughout the process.
Will my name be kept confidential during the investigation?
The university will make every effort to protect the confidentiality and privacy of both the complainant and the respondent to the extent permitted by law and UC policy. Some UC personnel who are involved in the case will necessarily have access to personal information, including identifying information, in order to effectively respond to the complaint and maintain a safe environment for students.
How will UC ensure a fair process for both the complainant and the respondent?
Because these processes can be complex, all UC campuses provide resources to help both student complainants and respondents understand their rights and the investigation and adjudication process. Complainants can contact their confidential campus CARE Office. Respondents can contact their campus Respondent Services Coordinator. Both resources also provide referrals to other services, such as counseling and academic support. Both students may be accompanied by a support person and an advisor of their choice, including an attorney, at any stage of the process.
How will I know what’s happening during the investigation and adjudication process?
The complainant can contact the CARE Office, and the respondent can contact the Respondent Services Coordinator at any time for help in determining the status of the complaint.
These new investigation and adjudication standards only apply to students. What is the process if the accused is a faculty or staff member?
You can learn more about the investigation and adjudication models for faculty and staff here.
How did UC develop these standards?
In addition to having students on the working group, the committee also consulted with a wide range of UC students — both undergraduate and graduate students — throughout the process. The workgroup also reviewed procedures in place at other universities around the country and consulted with UC law professors as well as nationally recognized experts in sexual violence and higher education law.
How will UC ensure consistency across the system?
Does UC plan to review the model’s effectiveness after it is implemented?
Where can I find UC’s policy on Sexual Harassment and Sexual Violence?
You can find UC’s policies and codes of conduct on the university’s systemwide Sexual Violence Prevention and Response website.