Reporting Prohibited Conduct
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 Violence and Sexual Harassment Policy (“Policy”) is encouraged to report such a concern to Interim Title IX Coordinator Elise Traynum, email@example.com. Additionally, any person with knowledge of Prohibited Conduct is encouraged to report the concern to the Interim 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 Interim 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 Prohibited Conduct Grievance Form found here and linked below. A witness to Prohibited Conduct may submit an anonymous report using the Silent-Witness Form found here and linked below. For more information on Silent-Witness reporting, please visit here.
The Interim Title IX Coordinator will receive all formal Prohibited Conduct Grievances and reports of Prohibited Conduct.
1) Initial Response: Title IX Coordinator Recommendations
a. 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.
b. Inquiry or Formal Investigation: In addition to remedial measures, the Title IX Coordinator may recommend that a Title IX Investigator conduct an inquiry or formal investigation.
2) Formal Investigation of Prohibited Conduct
Upon the recommendation of the Title IX Coordinator, a Title IX Investigator will begin a formal investigation into the alleged Prohibited Conduct.
a. 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.
b. 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.
c. Findings of Fact: After a thorough investigation by a Title IX Investigator, the Investigator will submit findings of fact, based on a preponderance of the evidence, along with recommendations in a report. The Title IX Coordinator will forward the findings and recommendations to Associate Academic Dean Jeffrey Lefstin or Human Resources Director Robert Pettit.
i. Standard of Review-Preponderance of the Evidence: A standard of proof that requires a finding of Prohibited Conduct if, based on evidence, it is more likely than not that the Prohibited Conduct occurred.
If the Title IX Investigator’s report finds Prohibited Conduct in violation of the Policy, the College shall take prompt and effective steps reasonably calculated to stop the violation, prevent its recurrence, protect the Complainant and, as appropriate, remedy its effects. Based on the Title IX Investigator’s report, findings of facts, and recommendations Associate Academic Dean Lefstin or Human Resources Director Robert Pettit will determine the appropriate steps and possible remedy.
a. When Both Parties Are Students: The Title IX Investigator’s report may include a recommendation that the matter be referred for disciplinary review and may include a recommendation to the Student Conduct Code Committee regarding whether there were any Student Conduct Code policy violations for which the Respondent should be disciplined.
4) Appeal Process
If the Complainant or the Respondent is dissatisfied with the final determinations made under the Policy, both have a right to appeal the outcome of the investigation. The Appeal will be reviewed by a hearing panel consisting of three members of the UC Hastings community. The determination of a hearing panel is final and binding. The hearing panel will not hear cases de novo.
a. Grounds for Appeal: A Complainant or Respondent may only appeal on the grounds of:
i. Procedural Error: The existence of procedural irregularities that substantially affected the outcome of the matter to the determinant of the Complainant or the Respondent.
ii. New Evidence: New compelling evidence that was not available at the time of the initial review.
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 Interim Title IX Coordinator.