Frequently Asked Questions

Here are some frequently asked questions that have been created to assist you in navigating our processes. For other questions, please contact HDAPP. 

General Reporting Questions

• What if I just want the behavior to stop?

• Most people who experience concerning interactions simply want the unwelcome or offensive behavior to stop. You have two options for ways you can try to address the behavior. 
  
  One option you have in addressing your concerns is to make a report to the University via our three methods of reporting. HDAPP reviews the totality of the circumstances to determine the most appropriate way to respond to reports. Most reports are handled through Early/Alternative Resolution, which may involve education/training or redirection. HDAPP recognizes that sometimes individuals do not intend to engage in harassing or discriminatory behavior, and education and redirection can be very helpful in these instances. However, some situations warrant disciplinary action, in which case a formal investigation is the more likely response.  HDAPP assesses each situation on a case-by-case basis. For more information about our process, please go to our Understanding the Process page. 
  
  Your second option is to not report your concerns to the University and utilize support resources. Some individuals find the Office of the Ombuds helpful in conflict coaching and/or facilitating meditations between parties. Others have utilized the CARE and The Office of Student Support and Judicial Affairs to receive supportive measures (i.e., class accommodations, No Contact Directives, etc.) Please note you are welcome to utilize these resources even after you've made a report to the University.  For a full list of our resources, please see our resource page.  

• Do I have to give names to report concerns?

• No. You do not have to give names to report harassment or discrimination.

  If you elect to share your name, please review the Anonymous Reporting page to understand the possible limitations of making a report without sharing your name.

  If you elect not to share the name of those accused, HDAPP may be limited in the steps we can take to address the issue. If you are concerned what will happen if you share the name of the accused, we encourage you to review our Understanding the Process page or contact us to learn more about the process.  

• Can I report the concerns with someone?

• You are welcome to bring a support person and/or advocate with you to make a report. Please see our Support Person and Advocate webpage to find out who may classify as one of those people.

• How and where are reports stored? For example, are reports stored in someone's personnel file?

• Reports are stored within HDAPP's internal database. Please note these files are completely separate from personnel files. For information about confidentiality, please see the question below. 

• Is the process confidential?

• The process including reports made and information collected is not confidential.
  
  The University must balance the privacy interests of people involved in a report of Prohibited Conduct against the need to gather information, ensure a fair process, and stop, prevent and remedy Prohibited Conduct. In this context, the University tries to protect people’s privacy to the extent permitted by law and University policies. The University protects the privacy of personally identifiable information per all applicable state and federal privacy laws, and University policies. 
  
   If you'd like to speak with a confidential resource, please see our resource page for confidential resources. 

• What's the timeline for processing of a report?

• HDAPP processes reports as expeditiously as possible, and many cases are resolved within a few weeks to a month. Our goal is respond to reports within 1 to 2 business days. If you do not hear from a University official regarding your submission after 2 business days, please feel free to contact HDAPP. 
  
  We strive to be prompt and thorough in our preliminary review of information. Sometimes it may take longer than a complainant may desire. Here are common reasons why a preliminary review may be delayed: (1) response rate from complainants, (2) response rate from various parties (e.g., complainants, witnesses, departments, etc.) to gather information or coordinate resolution pathways, and (4) office closures. 
  
  For resolution pathways, the only timelines outlined in our policies are for (1) Alternative Resolution and (2) Formal investigation. Alternative resolution typically takes 30 to 60 business days after HDAPP notifies the parties in writing of starting the process. If a Formal Investigation is charged, the investigation is usually completed within 60 days from the date it begins.Formal investigation typically takes 60 business days after the written notice is sent. If either process will exceed 60 business days, Complainants and Respondents will receive notice of the reason and the projected new timeline. which is usually completed within 60 days from the date it begins. 

• Is there a statue of limitations  for reporting concerns? 

• For complaints that fall under the Complaints of Discrimination or Harassment Policy and the SVSH policy,there is no time limit for reporting, reports of Prohibited Conduct should be brought forward as soon as possible; all incidents should be reported even if significant time has elapsed but prompt reporting will better enable the University to respond, investigate, provide an appropriate remedy, and impose discipline if appropriate. 
  
  Please note other departments (i.e., Employee and Labor Relations) for concerns that don't fall under these policies may have different time limits for reporting concerns. You are encouraged to contact those departments directly. 

• What is a Complainant and Respondent? 

• A complainant is a person alleged, in a report to the University, to have experienced Prohibited Conduct.
  
  A respondent is a person alleged, in a report the University, to have engaged in Prohibited Conduct. 

• Does retaliation occur? If so, what happens?

• The university prohibits any form retaliation against a person who reports prohibited conduct or participates in the process (i.e., investigation). If you believe you are experiencing retaliation for your participation, please report it immediately. If anyone is ever informed of allegations, even if no names are disclosed, we make it clear that the retaliation is prohibited and provide some examples to prevent it from occurring. 
  
  Our policy definition of Retaliation is threats, intimidation, reprisals, or adverse actions taken against a person who reports discrimination or harassment, helps someone with a report of discrimination or harassment, or takes part in an investigation or resolution of a complaint. If you believe you are experiencing retaliation for your participation, please report it to HDAPP immediately.

• What if the concerns did not occur on campus?

• You are always welcome to report concerns that occurred off-campus, including online. Depending on the concerns nexus to a University Activity and the specific facts of each report, it may or may not be covered by our policies. Even if it is determined the concerns are not covered by our policy, HDAPP will make sure you are connected to resources and understand other reporting options.

• What if I am not affiliated with UC Davis, but I experienced concerning interactions with someone affiliated?

• You are welcome to report your concerns to UC Davis and HDAPP will begin our process for reviewing the concerns. We will also strive to connect you to community resources for support. 

• If I report my concerns to HDAPP, is law enforcement notified?

• No. HDAPP does not notify law enforcement when a report has been made. 
  
  However, you may report an incident to law enforcement at any time. In the event of an emergency where you need immediate assistance, dial 9-1-1 to be connected with the nearest police department. If there is no emergency, you can file a police report in the jurisdiction where the incident occurred. You can reach the UC Davis Police Department at 530-754-2677 (campus) or (916) 734-2555 (UCD Medical Center), or the City of Davis Police Department at 530-747-5400.  For sexual violence concerns, a victim advocate from CARE can assist you with filing a police report with any jurisdiction.

Sexual Harassment and Sexual Violence Questions

These frequently asked questions are from the SVSH Resolution Process Frequently Asked Questions document. For the full SVSH Resolution Process FAQS, please see this document: Sexual Violence and Sexual Harassment Resolution Process Frequently Asked Questions

• What does it mean for there to be a sufficient connection to a University activity?

• A sufficient connection or “nexus” as the term is used in the Sexual Violence or Sexual Harassment policy depends on the specific facts of each report. The Title IX Officer will consider the following factors:
  • where and in what context the conduct allegedly occurred;
  • whether the conduct is allegedly having ongoing adverse effects on University property or in a University program, activity or service;
  • whether the parties were members of the UC community when the conduct allegedly occurred;
  • whether the parties were members of the UC community at the time of the report; and
  • whether there is information indicating an ongoing threat to the University community.

• What if the Title IX Officer determines the complaint does not meet the policy definition of sexual harassment, sexual violence, or other prohibited behavior or that there is not a sufficient connection between the reported conduct and a University activity?

• In this situation, the Title IX Officer will notify the Complainant of this decision and the reason for the decision, and will provide referrals to resources as well as supportive measures where appropriate, such as assistance with academic, housing and/or employment accommodations that the Complainant may need to continue to participate in University programs or activities. The Title IX Officer may also take actions focused on addressing the behavior.

• Who decides which process will be used?

• The Title IX Officer will determine whether alternative resolution is appropriate for resolving the complaint based on the Complainant’s allegations. If the Title IX Officer determines alternative resolution is appropriate, the Complainant will be offered the choice of either alternative resolution or formal investigation. Some forms of alternative resolution, such as mediation, are not permitted by policy where the allegations involve sexual violence. Additionally, alternative resolution is not appropriate when the report involves other allegations of serious misconduct, such as sexual harassment of a student by a faculty member.

• What is the process for initiating an alternative resolution?

• If a Complainant requests alternative resolution, the policy requirements discussed above are met, and the Title IX Officer agrees, HDAPP will contact the Respondent to determine if the Respondent will agree to participate in the process. If the Respondent agrees, both parties will receive written notice about the allegations, the process, and their rights during the process.

• What if the Respondent doesn’t agree to participate in alternative resolution?

• A formal investigation will be initiated if Complainant wants one. If Complainant does not want a formal investigation, the Title IX Officer will seriously consider the Complainant’s wishes, but will charge an investigation if the Title IX Officer determines one is necessary to mitigate the risk to the campus community.

• If the Complainant requests an alternative resolution, do they have to talk to Respondent?

• Not necessarily. It depends on what both parties agree on as the outcome for the alternative resolution. For example, if the Complainant wants the Respondent to receive additional training related to sexual harassment and the Respondent agrees, there is no need for the parties to communicate with each other.

• What if one of the parties changes their mind and no longer wants an alternative resolution?

• Either party can change their mind at any point before the process is completed. This will terminate the alternative resolution process. The Title IX Officer can also terminate the alternative resolution process if it appears it will not be successful, or the Title IX Officer otherwise determines it is not appropriate. If the process is terminated, this may result in a formal investigation.

• What will happen to the information shared during formal investigation or alternative resolution?

• The Title IX Officer maintains a record of all matters addressed. Information obtained during a formal investigation is shared with those who have a right or need to know. Complainants and Respondents have the right to receive a copy of the investigation report. Depending on the affiliation of the parties involved, others will be informed of the outcome and will receive a copy of the report. This can include Student Conduct, Human Resources, Academic Affairs and managers of respondents who are employees.
  Information obtained as part of an alternative resolution can be used by the University:
  • If a formal investigation is initiated regarding the allegations;
  • To track a pattern of behavior; and
  • In the event future allegations are made against the same respondent, as potential evidence in a future investigation.

• When does the alternative resolution process end and how do I know it has ended?

• The process concludes when both parties agree upon the resolution terms and written notice is sent to both parties notifying them of the agreed upon outcome.

• What if the Respondent fails to follow the resolution terms after the alternative resolution is completed?

• The Complainant should inform the Title IX Officer as soon as possible if this occurs. The Title IX Officer will determine if the Respondent is not fulfilling the terms of the resolution. If the Title IX Officer makes this determination, an investigation may be charged.

• When would an alternative resolution be considered unsuccessful?

• An alternative resolution could be considered unsuccessful if:
  • The terms are not agreed upon;
  • The Respondent failed to satisfy the terms of the alternative resolution;
  • The process is terminated by either party or the Title IX Officer;
  • The Title IX Officer determines the resolution was not successful in stopping or preventing recurrence of the alleged conduct.

• What can happen if it is considered unsuccessful?

• A formal investigation may be initiated.

• Can the Complainant ask for an investigation after alternative resolution is completed?

• A Complainant does not have the right to a formal investigation after an alternative resolution, if:
  • An agreement was made;
  • The agreement is being followed; and
  • The Title IX Officer has determined that the agreement has stopped/prevented the alleged conduct.