Statement of Non-Discrimination and Harassment and Discrimination Reporting Procedures

This page contains the University of California Hastings College of the Law’s Statement of Nondiscrimination and its procedures for reporting harassment and other forms of discrimination.

Statement of Non-Discrimination

The University of California Hastings College of the Law prohibits discrimination against any person on the basis of race, color, national origin, religion, age, sex, gender, sexual orientation, gender expression, gender identity, gender transition status, sex- or gender-stereotyping, pregnancy, physical or mental disability, medical condition (e.g., cancer-related or genetic characteristics), genetic information (including family medical history), ancestry, marital status, citizenship, or service in the uniformed services, including protected veterans. This policy is intended to be consistent with applicable state and federal laws and the law school’s policies.

Every person at UC Hastings has the right to pursue an academic or professional career in an atmosphere that is safe and free from prohibited acts of discrimination, harassment, or violence, including sexual abuse, rape, sexual assault, domestic violence, intimate-partner violence, stalking, sexual coercion, or other forms of sexual violence. Bigotry, harassment, or intimidation is particularly insidious when directed at a member or group of the Hastings community on the basis of actual or perceived race, color, national origin, religion, age, sex, gender, sexual orientation, gender expression, gender identity, gender transition status, sex- or gender-stereotyping, pregnancy, physical or mental disability, medical condition (e.g., cancer-related or genetic characteristics), genetic information (including family medical history), ancestry, marital status, citizenship, or service in the uniformed services, including protected veterans, or any combination of these or related factors; and, to the degree it constitutes prohibited bias activity, such conduct will also not be tolerated. UC Hastings complies with Title VI of the Civil Rights Act of 1964, Title IX of the Education Amendments of 1972, the Americans with Disabilities Act, as amended, Section 504 of the Rehabilitation Act of 1973, and Title VII of the Civil Rights Act of 1964, as well as applicable state and local laws. This nondiscrimination policy covers admissions to, access to and treatment in Hastings-sponsored programs and activities.

Title IX and Sexual Misconduct Reporting

 

Any member of the UC Hastings College of the Law community who believes he or she has been subjected to prohibited conduct in violation of the Sexual Misconduct Policy (“Prohibited Conduct” and “SMP” or “Policy”) is encouraged to report such a concern to Title IX Coordinator Andrea Bing or to the US Department of Education’s Office for Civil Rights (contact information below). Additionally, any person with knowledge of Prohibited Conduct is encouraged to report the concern to the Title IX Coordinator.

Except for UC Hastings-recognized confidential resources, the following UC Hastings members with knowledge of unreported Prohibited Conduct (or potentially Prohibited Conduct) must report such allegations to the Title IX Coordinator:  (a) faculty and teaching staff, including adjunct faculty, lecturers in law, and visiting faculty, and (b) all other Hastings employees.

A report of Prohibited Conduct need not be in writing.

2020 Title IX Policy Updates

In order to comply with the U.S. Department of Education’s (“DOE”) newly issued regulations for how colleges manage Title IX cases, UC Hastings has adopted an interim Sexual Misconduct Policy (“SMP”) which covers the new Title IX requirements for adjudicating cases of prohibited sexual conduct. The regulations require that the changes be implemented by August 14, 2020. Many of the changes narrow the definitions and jurisdiction of Title IX, while requiring sweeping changes to the complaint and adjudication process and how it must be structured.

Reporting Misconduct/Response Process

  1. Reporting of Misconduct: Any member of the community, guest or visitor who believes that the Sexual Misconduct Policy has been violated should contact the Title IX Coordinator. In the event that an incident involves alleged misconduct by the Title IX Coordinator, reports should be made directly to the Chancellor & Dean.
  2. Supportive Measures: Supportive measures are non-disciplinary, non-punitive services provided to a complainant or respondent before or after the filing of a complaint or where no complaint has been filed. They are designed to restore or preserve equal access to the College’s education programs and activities without unreasonably burdening the other party.
  3. Resolution Processes:
    1. Facilitated Resolution: A complainant who does not wish to file a complaint may request a facilitated resolution. Facilitated resolution is a voluntary, remedies-based resolution process that balances support and accountability without formal disciplinary action.
    2. Complaint-Based Process: A complainant may file a complaint with the Title IX Coordinator, which will trigger an investigation by the College and, possibly, a hearing and determination of responsibility against the respondent with appropriate sanctions.
    3. Complaint: A written statement submitted by an individual in order to initiate the College’s grievance process alleging that another individual or individuals engaged in sexual misconduct against them. A complaint is not required in order for an individual to request and receive supportive measures related to an allegation of sexual misconduct.
    4. Alternative Resolution: Alternative Resolution can be pursued for any behavior that falls within the policy on Sexual Misconduct at any time during the process after a complaint has been filed.
    5. Hearing-Based Resolution: Resolution of contested allegations.

Submitting a Formal Prohibited Conduct Grievance

This complaint form may be used by students, faculty, staff, and others to report any form of discrimination. The complaints will be forwarded to the Title IX/ADA-Section 504 Coordinator.

All non-Title IX/ADA-Section 504 matters will be routed to the appropriate department for proper investigation and resolution.

The form allows anonymous complaints; however, individuals who choose to file anonymous reports are advised that it may be very difficult for UC Hastings to follow-up on such reports, especially when corroborating information is limited.  Moreover, UC Hastings reserves the right to not respond to inquiries that are inappropriate or for which there is insufficient information to respond.  Abuse of the form will not be tolerated.

Contact Information

Andrea Bing, Title IX & ADA-Section 504 Coordinator
200 McAllister Street, Room 552
TitleIXCoordinator@uchastings.edu
(415) 565-4733

To file a complaint with the Office for Civil Rights:

U.S. Department of Education
Office for Civil Rights
Lyndon Baines Johnson Department of Education Bldg
400 Maryland Avenue, SW
Washington, DC 20202-1100

Telephone: 800-421-3481
FAX: 202-453-6012; TDD: 800-877-8339
Email: OCR@ed.gov

Submitting a Formal Prohibited Conduct Grievance

This complaint form may be used by students, faculty, staff, and others to report any form of discrimination. The complaints will be forwarded to the Title IX/ADA-Section 504 Coordinator.

All non-Title IX/ADA-Section 504 matters will be routed to the appropriate department for proper investigation and resolution.

The form allows anonymous complaints; however, individuals who choose to file anonymous reports are advised that it may be very difficult for UC Hastings to follow-up on such reports, especially when corroborating information is limited.  Moreover, UC Hastings reserves the right to not respond to inquiries that are inappropriate or for which there is insufficient information to respond.  Abuse of the form will not be tolerated.

Contact Information

Andrea Bing, Title IX & ADA-Section 504 Coordinator
200 McAllister Street, Room 552
TitleIXCoordinator@uchastings.edu
(415) 565-4733

To file a complaint with the Office for Civil Rights:

U.S. Department of Education
Office for Civil Rights
Lyndon Baines Johnson Department of Education Bldg
400 Maryland Avenue, SW
Washington, DC 20202-1100

Telephone: 800-421-3481
FAX: 202-453-6012; TDD: 800-877-8339
Email: OCR@ed.gov

Policy on Discrimination, Protected-Status Harassment, Sexual Harassment, and Sexual Assault and Violence Related to Students

The University of California, Hastings College of the Law (“Hastings”) is a community of students and professionals committed to upholding the principles of academic integrity and honesty and the highest standards of professional conduct in teaching, learning, research, and service. In expression of this commitment, and in strict compliance with federal, state, and local laws, Hastings has adopted a policy prohibiting acts of discrimination, bias, protected-status harassment, sexual harassment, and sexual assault and violence against students, and establishing procedures for responding to violations against students by students, employees, other students, or third parties. An electronic copy of the policy is e-mailed to each student at the time of orientation.

Every student at Hastings has the right to pursue their academic or professional career in an atmosphere that is safe and free from prohibited acts of discrimination, harassment, or violence, including sexual abuse, rape, sexual assault, domestic violence, intimate-partner violence, stalking, sexual coercion, or other forms of sexual violence by or against students. Bigotry, harassment, or intimidation is particularly insidious when directed at a member or group of the Hastings community on the basis of actual or perceived age, color, creed, physical or mental disability, ethnicity, gender, gender identity or expression, marital status, national origin, race, religion, sexual orientation, military or veteran status, or any combination of these or related factors; and, to the degree it constitutes prohibited bias activity, such conduct will also not be tolerated. The occurrence of prohibited activity violates the trust that is essential to the thriving of Hastings’ academic and professional environment, threatens the well-being of UC Hastings students and ultimately undermines Hastings’ core mission.

Contained in the policy is a detailed description of the different types of prohibited conduct and the duties that arise under the policy, including Hastings’ policy on mandatory reporting. The policy also details the procedures for filing a complaint and the options that are available prior to or in lieu of a formal complaint, including the option to seek advice or informal resolution, or to report anonymously.  Information is provided about the possibility of limited immunity for related misconduct. Further detailed in the policy is the period of limitations for the filing of a complaint, the evidentiary standard applied in the formal investigatory process, rights of the various parties during and throughout the investigatory and appellate process, and all other aspects of the protocol governing investigation and resolution of a complaint. Finally, the policy contains a detailed list of the responsibilities of the various parties in connection with the policy, and a list of resources for survivors and perpetrators of sexual assault/violence.

The Policy is binding upon all students of Hastings and describes processes by which redress and remediation can be provided to individuals or groups who believe they have been the victims of prohibited conduct. Where sexual misconduct is involved, the policy is presumed to supersede all other procedures and policies set forth in other Hastings policies. The Policy establishes standards and procedures for the reporting and investigation of complaints, the dispensation of disciplinary action, and the provision of information pertaining to the pursuit of criminal or other legal action, where appropriate. Members of the Hastings community who have relevant information are expected to cooperate with any investigations conducted pursuant to the Policy. Ignorance of the Policy is not an excuse for its violation. Acts in retaliation for complaints filed pursuant to the policy will not be tolerated.

Hastings will respond to the fullest extent of its authority to violations of the Policy. The Policy applies to allegations of misconduct made by or against students regardless of where the misconduct may have occurred, to the degree that the conduct giving rise to the complaint is related to Hastings’ social, cultural, academic, extracurricular, educational, or professional activities. Additionally, although there is no geographical limitation to applicability of the Policy, sexual misconduct that is alleged to have occurred at a significant distance from Hastings’ property may be more difficult for Hastings to investigate.

Complaints regarding inappropriate workplace conduct that is not covered by the Policy should be directed to the UC Hastings Department of Human Resources. Complaints by faculty of unlawful discrimination in reappointment, promotion, and tenure are governed by procedures set out in the UC Hastings Faculty Rules and Regulations. Complaints alleging misconduct by students that is not covered by the Policy are governed by the UC Hastings Student Conduct Code and should be directed to the Office of the Associate Academic Dean.

Employee Process Regarding Harassment

Employees may bring complaints regarding sexual harassment and harassment based on pregnancy, childbirth or related medical conditions, race, religious creed, color, gender, national origin or ancestry, physical or mental disability, medical condition, marital status, registered domestic partner status, age, sexual orientation or any other basis protected by federal state or local law or ordinance or regulation under the following policy: Personnel Non-Harassment Policy. Employees may also bring complaints under the Gender-Based Harassment, Discrimination and Sexual Misconduct Policy.

Disability Discrimination

Any member of the UC Hastings College of the Law community who believes he or she has been subjected to unlawful discrimination on the basis of disability is encouraged to report such a concern to the ADA-Section 504 Coordinator, Andrea Bing, or to the US Department of Education’s Office for Civil Rights. Andrea Bing is responsible for coordinating UC Hastings’ compliance with these disability rights laws. Questions or concerns related the rights of persons with disabilities may also be directed to her.

Additionally, any student who believes he or she has been discriminated against on the basis of disability may file a grievance under the Students with Disabilities policy.

If you are a student with a documented disability and believe you require reasonable accommodations, please contact the Disability Resource Program or view their page for more information.

Training Information

Under the new Title IX regulations (24 C.F.R. Part 106), Colleges are required to publish materials used for training Title IX Coordinators, Investigators, decision-makers, and persons who facilitate informal resolutions on the College website or make them available for inspection upon request by the public [See Section 106.45(b)(1)(iii)]. UC Hastings College of the Law has previously used the following external trainings for its Title IX Coordinator and other personnel who may be involved in decision-making related to Title IX matters:

External Investigators and Hearing Officers vary from case to case. However, UC Hastings ensures that any person hired is thoroughly trained and updated in recent best practices. Some of the trainings attended by external investigators and hearing officers who have been hired include:

* Due to the fact that all trainings are performed by outside firms or companies and contain copyrighted proprietary information, we are unable to share the training materials on our website. However, we have provided links to the publishers and the trainings so that you may contact the publishers to request to view a copy of the training.

Training Information

Under the new Title IX regulations (24 C.F.R. Part 106), Colleges are required to publish materials used for training Title IX Coordinators, Investigators, decision-makers, and persons who facilitate informal resolutions on the College website or make them available for inspection upon request by the public [See Section 106.45(b)(1)(iii)]. UC Hastings College of the Law has previously used the following external trainings for its Title IX Coordinator and other personnel who may be involved in decision-making related to Title IX matters:

External Investigators and Hearing Officers vary from case to case. However, UC Hastings ensures that any person hired is thoroughly trained and updated in recent best practices. Some of the trainings attended by external investigators and hearing officers who have been hired include:

* Due to the fact that all trainings are performed by outside firms or companies and contain copyrighted proprietary information, we are unable to share the training materials on our website. However, we have provided links to the publishers and the trainings so that you may contact the publishers to request to view a copy of the training.