FAQ: Responsible employees

Which UCOP employees are required to report sexual violence or sexual harassment to the Title IX officer, and are considered “Responsible Employees”?

Under the UC Policy on Sexual Violence and Sexual Harassment, generally, any UC employee who is not specifically identified as a Confidential Resource in the SVSH Policy is a Responsible Employee required to report Prohibited Conduct to the Title IX Office.

There are different reporting responsibilities, depending on whether the incident involves a student or a non-student or if a Responsible Employee learns that Prohibited Conduct may have occurred in the context of patient care. All UCOP employees: All UCOP employees who are not designated as confidential must inform the Title IX officer if they become aware that a student (undergraduate, graduate, or professional) has experienced sexual violence, sexual harassment, or other behavior prohibited by the university’s policy. This includes managers and supervisors, all faculty (including faculty advisors), all staff, athletic coaches and student employees. Responsible employees include both represented and non-represented employees.

Faculty, managers and supervisors, Human Resources, Academic Personnel and campus police: All managers and supervisors, Human Resources, Academic Personnel, faculty and campus police must inform the Title IX officer if they receive a report of prohibited behavior from anyone affiliated with the university, which includes faculty, staff and others affiliated with the university.

Who is the Title IX Officer at UCOP and how do I make a report in my role as Responsible Employee?

To report sexual violence, sexual harassment or other prohibited conduct contact Rosamaria Garcia, UCOP’s Title IX Officer. She can be reached by phone at (510) 987- 9640 or by email at rosamaria.garcia@ucop.edu

Are employees who don’t have supervisory duties considered Responsible Employees?

Yes. All UCOP employees, including those who don’t directly supervise anyone, are Responsible Employees who must notify the Title IX officer if, while they’re working, they learn that a student may have experienced sexual violence or sexual harassment.

Are student employees Responsible Employees?

Yes. Resident advisors, teaching assistants and all other student employees are Responsible Employees when, while they’re working, they learn about a student experiencing sexual violence or sexual harassment.

I am a Responsible Employee. How do I fulfill my obligation?

When an individual discloses a possible incident of Prohibited Conduct, you should inform them that you are a Responsible Employee who must report any information the individual shared with you to the Title IX Office. As a Responsible Employee, you must contact your campus Title IX Office 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. (See the response below regarding the information that may be disclosed to the Title IX office when the incident involves a patient.) As a Responsible Employee, you should report to the Title IX Office even if you are unsure that the incident actually occurred or whether it constitutes Prohibited Conduct. You should report even if time has passed since the alleged conduct occurred, the alleged conduct occurred off-campus, or the Respondent is a non-affiliate.

Must I report any form of sex discrimination, including sexual violence or sexual harassment, when the conduct involves a patient?

Yes, if you learn the information in your role as a Responsible Employee. See above or consult the definition of “Confidential Resources” in the SVSH Policy for exceptions relevant to licensed health care providers who learn information in connection with their treatment of a patient. 1 Well-being committees assist Medical Staff in a variety of ways and play several important roles, but a central focus of all such committees is to assist physicians, trainees, and other members of the Medical Staff in addressing impairment, substance abuse, and behavioral issues. 4 Does HIPAA preclude such reporting to Title IX when the conduct involves a patient? What if the relevant information is subject to additional privacy protections (e.g., mental health, substance abuse, communicable diseases)? In general, health and medical privacy laws do not preclude reporting to Title IX when the alleged conduct involves a patient. Pursuant to UCOP’s HIPAA Administrative Requirements Policy, the Title IX Office is considered a part of the University’s “covered component,” and, as such, is subject to HIPAA’s regulations and UC’s systemwide HIPAA policies. HIPAA Administrative Requirements Policy pp. 2-3. As a part of the covered component, Title IX Office personnel must be trained on systemwide HIPAA policies and any relevant local procedures necessary to perform their assigned job functions, and they must take appropriate measures to protect the privacy of protected health information (PHI), in any form. If you have any concerns about disclosing PHI or information subject to additional privacy protections to the Title IX Office without the written authorization of the complainant or respondent, seek guidance from your local legal counsel or HIPAA privacy officer. While you await guidance, the incident should be reported to your Title IX office in an anonymized manner that protects the identity of the patient.

What happens after a Responsible Employee gives the information to the Title IX officer?

The Title IX officer will evaluate the report and respond as outlined under university policy. The Title IX officer will reach out to the person who reported experiencing the sexual violence or sexual harassment to provide information about confidential resources and reporting options. This outreach allows the person to make an informed choice about how they wish to proceed.

As a Responsible Employee, if someone tells me about an incident of sexual violence or sexual harassment, should I tell them I need to report it? What if they asked me to keep it confidential?

Before the individual tells you about an incident of sexual violence or sexual harassment, you should inform the person that you are a Responsible Employee and that you are required to report incidents of sexual violence, sexual harassment or other conduct prohibited by university policy to the Title IX officer. You should tell the person that you cannot keep reports of sexual harassment or sexual violence confidential, but that the Title IX officer will consider requests for confidentiality.

You should also inform the person telling you about sexual violence or sexual harassment that there are confidential resources available to them, including the Faculty and Staff Assistance Program (FSAP), or community resources that serve survivors of sexual violence. Providing this information upfront allows the individual to decide whether to talk to you or go to a confidential resource.

Where can I get more information about being a Responsible Employee?

UCOP employees can contact Rosamaria Garcia for guidance and advice about how to fulfill their Responsible Employee obligations by phone at (510) 987-9640 or by email at rosamaria.garcia@ucop.edu.