Systemwide Anti-Discrimination Office
Frequently asked questions
Anti-Discrimination Policy FAQs
We're committed to fostering an inclusive and respectful environment for all members of our community, and we believe that clarity and transparency are essential in achieving this goal. To that end, we've compiled a list of frequently asked questions below.
If you can't find the information you're looking for here, please reach out to AntiDiscriminationPolicy@ucop.edu for further assistance.
- What are “associational” discrimination and harassment and are they covered by this policy?
- Is Prohibited Conduct based on “caste” covered by this policy?
- What are examples of Prohibited Conduct based on national or ethnic origin or ancestry under this policy?
- What constitutes discrimination on the basis of disability covered under this policy?
- How does this policy interact with other existing policies and procedures related to disability discrimination?
- Can I make an anonymous report under this policy?
- I am a Responsible Employee. How do I fulfill my obligation?
- How should the university proceed when campus or local law enforcement agencies (“police”) are conducting a criminal investigation while the university is conducting a parallel Resolution Process?
- Who can be considered an advisor as described in this policy?
- Once the outcome of an investigation or disciplinary proceeding under this policy is disclosed to the parties, can they be asked to keep this information confidential?
- I am covered by a collective bargaining agreement. Does this policy apply to me?
- What are “associational” discrimination and harassment and are they covered by this policy?
Associational discrimination or harassment are based on a complainant’s association or relationship with an individual or individuals who are, or who are perceived to be, within a Protected Category. Associational discrimination and harassment are covered by this policy. - Is Prohibited Conduct based on “caste” covered by this policy?
Yes. The university interprets its protection against Prohibited Conduct on the basis of “ancestry” to include protection against discrimination and harassment on the basis of an individual’s caste. The university interprets the term “caste” to mean an individual’s perceived position in a system of social stratification on the basis of inherited status. Caste may be characterized by factors that may include, but are not limited to, inability or restricted ability to alter inherited status; socially enforced restrictions on marriage, private and public segregation, and discrimination; and social exclusion on the basis of perceived status.
Back to top - What are examples of Prohibited Conduct based on national or ethnic origin or ancestry under this policy?
Prohibited Conduct under the policy based on national or ethnic origin or ancestry extends to individuals who experience discrimination or harassment based on their actual or perceived shared ancestry or ethnic characteristics, or citizenship or residency in a country with a dominant religion or distinct religious identity. This includes, for example, antisemitic, anti-Arab, and Islamophobic discrimination or harassment. Some of these forms of discrimination or harassment may also represent Prohibited Conduct based on other Protected Categories covered by this policy, including based on religion.
Examples of such discrimination or harassment may include:
- A professor bars Jewish students from a seminar on the Middle East based on the belief that their ties to Israel will polarize class discussions.
- A student repeatedly refers to a Palestinian-American student as a “terrorist, removes and destroys the student’s keffiyeh, and threatens the student with physical harm if he attends campus events.
- An employee repeatedly tells a fellow Asian-American employee to “go back to China, follows the employee to her vehicle after work, and physically intimidates her, leaving her fearful to go to work.
- A faculty member declines to hire a Mexican-American graduate student as a research assistant because the faculty member says the student “belongs in Mexico, not in California.
- Denying access to or participation in any university program or activity based on how an individual looks or dresses (e.g., use of religious or ethnic attire such as a hijab, burka, turban, or kippah).
- What constitutes discrimination on the basis of disability covered under this policy?
Discrimination on the basis of disability can occur in a variety of forms of different treatment or denial of equitable opportunity. For example, individuals might experience a barrier to access a university program or activity because of inaccessible “brick and mortar” facilities, online web content, or other digital content, such as mobile applications. Individuals may not have an equal opportunity or access to participate in an academic program without appropriate academic adjustments or auxiliary aids and services and/or reasonable modifications in policy, practice, or procedure; or in the workplace without reasonable accommodations. Also, individuals may experience disability-based harassment or an Unfavorable Action based on disability as defined in the policy. Individuals alleging any of these types of discrimination or harassment on the basis of disability may choose to bring a complaint under the policy.
Back to top - How does this policy interact with other existing policies and procedures related to disability discrimination?
Individuals may choose to file a complaint under this policy for discrimination or harassment on the basis of disability, or they may choose to proceed according to existing campus/location procedures related to informal resolution, reporting, or appeals the location makes available. The university encourages individuals to engage in early resolution processes campuses make available to resolve specific concerns regarding disability-related claims as they may provide for a timely resolution of the concern(s). For specific information about other policies and procedures related to discrimination on the basis of disability, please refer to the Guidelines Applying to Nondiscrimination on the Basis of Disability (PACAOS 140), Personnel Policies for Staff Members 81 (Reasonable Accommodation), and Academic Personnel Manual - 711 (Reasonable Accommodation for Academic Appointees with Disabilities), as well as local campus resources. Employees may also contact their campus Disability Management office and students may contact their campus Students with Disabilities Services office, and individuals may also contact their campus ADA Coordinator for additional information.
Back to top - Can I make an anonymous report under this policy?
The Anti-Discrimination Policy allows for anonymous reporting by any person (whether or not the complainant) unless you are a Responsible Employee. However, it is important to note that if you make a report anonymously the university may be limited in its ability to respond, meet your desired resolution, and/or keep you updated on the status of the complaint. Although a report is received anonymously, the university may have to move forward to address the concern and the Respondent may discern the reporter’s identity due to the nature of the complaint. Depending on the information reported, the university may be limited in its response. For example, the university may be limited to respond if the name/identifying information about the accused is not provided.
Back to top - I am a Responsible Employee. How do I fulfill my obligation?
When an individual discloses a possible incident of Prohibited Conduct, you should inform the individual that you are a Responsible Employee who must report any information the individual shared with you to the Local Implementation Officer. As a Responsible Employee, you must contact your Local Implementation Officer as soon as possible and share whatever information you have, including the names of any individuals involved, their contact information, and any details of the incident. As a Responsible Employee, you should report to the Local Implementation Officer even if you are unsure that the incident actually occurred or whether it constitutes Prohibited Conduct. If your job responsibilities ordinarily would require you to investigate a report of disruptive behavior or intervene or resolve the issue, consult with counsel before taking any steps to assure compliance with all applicable laws and policies. If your job responsibilities ordinarily require you to address concerns regarding disability discrimination, including issues with reasonable accommodations/modifications, consult with your Local Implementation Officer about responsible employee reporting obligations and expectations.
Back to top - How should the university proceed when campus or local law enforcement agencies (“police”) are conducting a criminal investigation while the university is conducting a parallel Resolution Process?
If the Respondent’s alleged conduct is also the subject of a criminal investigation, the Local Implementation Officer will coordinate its Resolution Process with the police. The fact-finding portion of an investigation may be delayed temporarily during the evidence-gathering stage of the criminal investigation. During this delay, the university may put Interim Measures in place. The length of time for evidence gathering by criminal investigators will vary depending on the specific circumstances of each case.
Back to top - Who can be considered an advisor as described in this policy?
An advisor may be any person, except another party or potential witness, who provides the Complainant or Respondent with guidance or advice (including attorneys). The university may restrict the extent and manner of the advisor’s participation in the proceedings as long as the restrictions apply equally to Complainants and Respondents. At the beginning of any Resolution Process, the Local Implementation Officer will inform parties of the university’s rules of conduct during the process, and potential consequences if an advisor does not meet those standards, including disqualification from further services as the advisor.
Back to top - Once the outcome of an investigation or disciplinary proceeding under this policy is disclosed to the parties, can they be asked to keep this information confidential?
The Complainant and Respondent can be advised of the private and sensitive nature of the allegations, personnel and student discipline, and other matters that arise under this policy but should not be restricted from discussing the allegations or gathering evidence (provided their conduct is not Retaliation as defined in Section II.A.3.), or from further disclosing information about outcomes.
Back to top - I am covered by a collective bargaining agreement. Does this policy apply to me?
Yes. However, please note that consequences of non-compliance with this policy, and relevant complaint resolution, grievance and disciplinary procedures, for employees who are covered by a collective bargaining agreement with an exclusive bargaining agent are governed by the appropriate collective bargaining agreement.
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