Title IX and Sexual Misconduct Reporting

The University of California Hastings College of the Law shall not discriminate unlawfully on the basis of race, color, religion, national origin, ancestry, disability, age, sex or sexual orientation.

This nondiscrimination policy covers admissions, access and treatment in Hastings-sponsored programs and activities. 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 (“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. 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) administrative staff.

A report of Prohibited Conduct need not be in writing.

Submitting a Formal Prohibited Conduct Grievance

A formal complaint may be submitted using the Sexual Misconduct Grievance Form. A witness to Prohibited Conduct may submit an anonymous report using the Silent-Witness Form. The Title IX Coordinator will receive all formal Prohibited Conduct Grievances and reports of Prohibited Conduct.

Report as a Silent Witness

The Silent-Witness Form is available to you in order to facilitate the reporting of potential Title IX violations (See Hastings’ Policy on Discrimination, Protected-Status Harassment, Sexual Harassment, and Sexual Assault and Violence Related to Students).

The form is administered by a third party and any information you submit in the form is anonymized and encrypted so that the Hastings official receiving the information cannot link the tip to you.

Notwithstanding the availability of this form, individuals who choose to file anonymous reports are advised that it may be very difficult for Hastings to follow-up on such reports, especially when corroborating information is limited.  Moreover, 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.

Most importantly, because the information you submit is completely anonymized and encrypted, it will be your responsibility to save the ID, password, and link you are provided in order for you to be able to log back in and follow-up on your tip, including retrieving any responses from the College or possibly follow-up questions on your tip.  Because the College does not receive any identifying information on you, follow-up is only possible through the unique ID, password, and link that is associated with your submission.

Please remember to log back in and check for follow-up, even if you do not make any inquiries, because the College may have critical follow-up questions for you which you otherwise will never receive.

Response Process

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

It is a violation of UC Hastings College of the Law policy to retaliate against any person making a complaint or report of Prohibited Conduct or against any person participating in the investigation of any such allegation. Retaliation should be reported promptly to the Title IX Coordinator.

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 his/her 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 anonymously report as a “Silent Witness.”  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.