University of California, Berkeley

Reports of Discrimination, Harassment, or Retaliation

University Policy

It is the policy of the University of California, Berkeley not to engage in discrimination against or harassment of any person employed or seeking employment with the University of California on the basis of race, color, national origin, religion, sex, gender, gender expression, gender identity, pregnancy, physical or mental disability, medical condition, genetic information, ancestry, marital status, age, sexual orientation, citizenship, or service in the uniformed services. Furthermore, University policy prohibits retaliation against any member of the University community filing a complaint of discrimination or harassment. This policy is intended to be consistent with the provisions of applicable state and federal laws and University policies.

Reporting Procedure

Anyone who believes they have been subjected to discrimination, harassment,* or retaliation is encouraged to submit a report to Central Human Resources, HR Policy & Practice, by emailing or calling (510) 642-7053. Any manager or supervisor who becomes aware of conduct that may violate this policy is obligated to report it immediately to their manager or supervisor or HR Policy & Practice.

Reports under this policy should be brought as soon as possible after the alleged conduct occurs. Prompt reporting will enable the University to investigate the facts, determine the issues, and provide an appropriate remedy or personnel action. The University will respond to reports brought within one year to the greatest extent possible, taking into account the amount of time that has passed since the alleged conduct occurred.

* If your complaint alleges sexual harassment, please contact the Title IX Officer by emailing or by calling (510) 643-7985.

Early Resolution

The goal of Early Resolution is to resolve concerns at the earliest stage possible with the cooperation of all parties involved. Individuals and supervisors are encouraged to utilize Early Resolution options when the parties desire to resolve the situation cooperatively and/or when a Formal Investigation is not likely to lead to a satisfactory outcome. Early Resolution may include an inquiry into the facts, but typically does not include a formal investigation. Means for Early Resolution shall be flexible and encompass a full range of possible appropriate outcomes on a case-by-case basis. Early Resolution may also include options such as discussions with the parties, making recommendations for resolution, facilitating an agreement between the parties, separating the parties, referring the parties to counseling programs, negotiating an agreement for personnel action, or conducting targeted educational and training programs. Early Resolution may be appropriate for responding to anonymous reports and/or third party reports.

While the University encourages early resolution of a complaint, the University does not require that parties participate in Early Resolution prior to the University’s decision to initiate a formal investigation. Some reports under the University’s nondiscrimination policy may not be appropriate for early resolution, but may require a formal investigation at the discretion of HR Policy & Practice.

Formal Investigation

In cases where Early Resolution is unsuccessful or inappropriate (such as when the facts are in dispute in reports of serious misconduct or reports involve individuals with a pattern of inappropriate behavior), HR Policy & Practice will assign an HR Investigator to complete a Formal Investigation. HR Investigators are independent and neutral fact-finders and, as such, do not provide advocacy, counseling, or serve as a representative for any party.

An HR Investigator conducts an investigation by interviewing the parties involved, including witnesses, and reviewing and evaluating other available evidence. The HR Investigator then determines whether the evidence supports a finding that University policy has been violated and issues a written report of their findings to the University administrator responsible for determining appropriate action.

Complaints or Grievances

An individual who believes he or she has been subjected to discrimination, harassment, or retaliation in violation of University policy or the collective bargaining agreement may file a complaint or grievance pursuant to the applicable complaint resolution or grievance procedure. A complaint or grievance alleging discrimination, harassment, or retaliation must meet all the requirements under the applicable complaint resolution or grievance procedure, including time limits for filing.

Rev. 8/2015