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 Gender-Based Harassment, Discrimination and Sexual Misconduct Policy (“Prohibited Conduct” and “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.

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.

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.

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

Reporting Misconduct/Response Process

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.
Preliminary Inquiry: Following receipt of notice or a report of misconduct, the Title IX Coordinator engages in a preliminary inquiry to determine if there is reasonable cause to believe the nondiscrimination policy has been violated. Where reasonable cause exists one of three processes may be pursued depending upon the circumstances:
- Conflict Resolution: Typically used for less serious offenses and only when all parties agree to conflict resolution,
- Informal/Alternative Resolution: Use of alternative resolutions that do not include permanent record sanctions, or
- Formal Resolution: Resolution of contested allegations.

The Title IX Coordinator will receive all formal Prohibited Conduct Grievances and reports of Prohibited Conduct.

Remedial Measures: After a report or formal grievance reaches the Title IX Coordinator, the Coordinator may recommend that remedial measures be adopted. Remedial measures shall be reasonably calculated action to stop the Prohibited Conduct, prevent its reoccurrence, and protect the Complainant and may include no-contact orders.
Retaliation: Retaliation is defined as any adverse action taken against a person participating in a protected activity because of their participation in that protected activity. Protected activity includes report or disclosure of Prohibited Conduct under this Policy and/or participation in the investigation, reporting, remedial, or disciplinary process provided for in this Policy. Retaliation against an individual for an allegation, for supporting a reporting party or for assisting in providing information relevant to an allegation is a serious violation of College policy. Acts of alleged retaliation should be reported immediately to the
Title IX Coordinator and will be promptly investigated. University of California Hastings College of the Law is prepared to take appropriate steps to protect individuals who fear that they may be subjected to retaliation. Retaliation includes threats, intimidation, reprisals, and/or adverse employment or educational actions.

Formal Resolution: Resolution of contested allegations.

Due Process: During a formal investigation, both the Complainant and the Respondent shall be afforded due process. Additionally, the Complainant and Respondent shall be afforded an advocate.
Interview: The Investigator will interview both the Complainant and the Respondent about the alleged Prohibited Conduct. Both the Complainant and the Respondent may provide witnesses, who shall also be interviewed, in relation to the alleged Prohibited Conduct.
Findings of Fact: After a thorough investigation by the Title IX Coordinator/Investigator, the Investigator will submit findings of fact, based on a preponderance of the evidence or clear and convincing evidence, along with recommendations in a report. The Title IX Coordinator will forward the findings and recommendations to the Associate Academic Dean (or designee) or Academic Dean (or designee) in the case of a formal hearing.
Standard of Review-Preponderance of the Evidence: The College uses preponderance of the evidence (i.e., whether it is more likely than not that the responding party committed each alleged violation) or clear and convincing standard (i.e. highly probable), depending on the sanction. To sustain a charged violation, the College bears the burden of proof by a preponderance of the evidence, except a violation giving rise to a sanction of Dismissal/Termination must be supported by clear and convincing evidence.

If the Complainant or the Respondent is dissatisfied with the final determinations of a Formal Resolution made under the Policy, both have a right to appeal the outcome. All requests for appeal consideration must be submitted in writing to the Title IX Coordinator within five (5) days of the delivery of the written finding of the hearing.

Grounds for Appeal: Any party may appeal the findings and/or sanctions only under the grounds described, below:

A procedural error or omission occurred that significantly impacted the outcome of the hearing (e.g. substantiated bias, material deviation from established procedures, etc.).
To consider new evidence, unknown or unavailable during the original hearing or investigation, that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included.
The sanctions imposed fall outside the range of sanctions the College has designated for this offense and the cumulative record of the responding party.

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.