FAQs: What has changed with the new Investigation/Adjudication Model?
Cases involving a report of sexual assault, sexual harassment and/or gender discrimination are first assessed and explored for possible policy violations by the Office for the Prevention of Harassment and Discrimination (OPHD).
Who? OPHD is responsible for ensuring the university provides an environment for faculty, staff and students that is free from discrimination and harassment on the basis of categories including race, color, national origin, gender, age and sexual orientation/identity.
What? OPHD oversees the process for the investigation and resolution of sexual harassment and sexual violence complaints against faculty, staff and students pursuant to the UC Policy on Sexual Harassment and Sexual Violence (PDF).
At the conclusion of an OPHD inquiry involving student behavior, the Center for Student Conduct (CSC) determines if/what charges should be brought.
Students may pursue charges for a policy violation through the campus conduct process - this process is separate from legal proceedings (though it may occur simultaneously with legal proceedings), and is based on allegations about behavior that violates UC Berkeley policy. The university assesses the allegations and may deliver sanctions, depending on the outcome of a possible investigation.
Who? The CSC determines if a student or student organization engaged in behavior that violates the Code of Student Conduct. Students, faculty, staff and community members can report an incident with the Center for Student Conduct.
What? CSC reviews information reported to our office and will contact the student or student organization if there is reason to believe that the Code of Student Conduct may have been violated. The student or student organization charged with violating the Code has the option to resolve the case by meeting with CSC or by having a hearing. During a meeting with CSC, a CSC staff member listens to the student's side of the story and determines whether the student did indeed violate the Code. If the student is found responsible for violating policy, the CSC staff member proposes sanctions. If the student agrees to the proposal, the case is resolved. If the student does not agree with the proposal, the case goes to a hearing. During a hearing, either a panel or the Independent Hearing Officer makes the determination of responsibility and assigns sanctions. Regardless of whether a case is resolved through a meeting with CSC or by going to a hearing, disciplinary action is based on a combination of factors, including the circumstances of the particular case and past conduct history. Sanctions include a range of outcomes, including suspension and dismissal.
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The police can provide emergency assistance and crisis intervention for survivors of violence; they can also help pursue criminal prosecution and sentencing for perpetrator(s). Talking to the police does not mean you are committed to filing charges. If you think that you may be interested in filing charges after a violent incident, it may be helpful to write down every detail you can remember, as soon as possible, so you can communicate the details to the police. In addition, a forensic exam conducted soon after an assault may yield valuable evidence - contacting the police is one way to access an exam. Criminal charges may be pursued concurrently with other reporting options (e.g., the Student Conduct processes described above).
If the incident occurred on campus (or on university property), survivors can contact University Police (UCPD) to report, and UCPD will investigate. If the incident(s) occurred locally, but off campus, the Berkeley Police Department will conduct the investigation.
UCPD has primary law enforcement jurisdiction on the campus of the University of California and associated university properties. The department is empowered as a full-service state law enforcement agency.
You may also contact UCPD Survivor Resource Specialist Claudia Archer for personal assistance through the reporting process. She may be reached at 510-642-9113 or ccp@berkeley.edu.
To report non-emergency criminal activity anonymously, send a text message using CalTIP, Berkeley's text-based anonymous reporting tool, by texting (510) 664-8477 (4-TIPS).
BPD takes reports about incidents that occur off campus.
Their mission is to reduce crime - property crime, violent crime and traffic collisions; to provide professional, courteous and respectful service with every contact; and to be open, transparent and accountable for our behavior and our work.