Understanding the Process

UC Davis and UC ANR takes all complaints of harassment and discrimination very seriously. Your safety and well-being are among the University’s highest priorities, and you have the right to a learning or work environment that is free from harassment and discrimination.

This section is intended to explain our preliminary review process, which five steps from making a report to the different pathways for resolution. You can find an overview and step-by-step description below.

 

 For the most updated policies, please see our Policies and Procedures section

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Overview of Process

Below is a diagram that outlines the steps to the process:

Some additional information about the process:

• Timeline of Process

• It is important note that the preliminary review process does not have a specific timeframe for how long it will take. You will see there are some resolution pathways in Step 5 that have timeframes.
  
  It is important to note, even without a timeline, we strive to do a thorough and prompt review of the allegations reported to HDAPP.
  
  There are various factors that may require a case to take longer than one may desire. Understanding that this can be impactful, we always encourage individuals navigating the process to get connected to support, or consult with us about what supportive measures may be applicable.

• Confidentiality

• HDAPP is not a confidential resource. While HDAPP is not confidential, we strive to protect your privacy. For more on how and when information may be shared, we encourage you to explore this document. 
  
  It is important to note for all concerns, we may consult with other offices (e.g., Academic Personnel Offices, Student Affairs Offices, Human Resources or Employee and Labor Relations Offices, etc.) as necessary to determine next appropriate steps and to assess immediate health and safety concerns. HDAPP may also need to share information with police for situations involving minors per the CANRA policy or hate crimes. This can be done once a report is received, after an intake, or before/after an intake.
  
  If you are interested in connecting with confidential resources, we encourage you to explore our resource page for more information about confidential support available to you.

• Retaliation

• HDAPP strives to reduce and prevent retaliation from occurring. We are mindful and intentional when and how we share information with respondents. When we do need to share information with respondents, we are clear that retaliation is prohibited. We also provide examples as to what retaliation may look like and the possible outcome should retaliation occur. We also strive to inform a complainant that allegations will be shared with a respondent prior to it being shared for safety planning and we how to make a report should retaliation occur. 
  
  Supportive measures can sometimes be implemented to prevent retaliation. It is noted that often supportive measures are requested by a complainant since they are the ones who know best of the situation and what might be helpful (e.g., No Contact Order, changing supervisors temporarily, etc.). It is important to note not all supportive measure requests can be approved. For more information about supportive measures, please see our webpage on Supportive Measures. 
• Respondent Participation
• Respondents generally are not engaged with in the preliminary review process until action is taken (i.e., Mitigating Measures, Alternative Resolution or Formal Investigation).This means that we generally we do not speak with respondents to inform them that allegations are made or that we are gathering information. This is due to the fact this is just a preliminary review to determine next steps and the case may be closed without action.
  
  Should action be required, a respondent will be informed of the allegations and how they can participate in the process moving forward. For more information on respondent's level of participation, we encourage you to review Step 5 below. 
  
  It is important to note that if and when supportive measures are implemented, we may need to alert a respondent to the allegations before the review is completed. If this is the case, we strive to be clear that retaliation is prohibited. 
  
  If you have been accused of sexual violence or sexual harassment, there are campus services available to help you understand your rights and the investigation and adjudication processes. Respondent Services Coordinators have been appointed to assist any students, staff members, or faculty who have been accused of sexual violence.  

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Step 1: Report Concerns to HDAPP

HDAPP receives reports of concerns about harassment and discrimination including sexual violence and sexual harassment.  Through various reporting methods, including:

• Online Report Forms
• Email
• Phone
• Mail

Reports can be made anonymously, but there are some limitations to this reporting method. For more information on the various reporting options and possible limitations to reporting anonymously, please see our webpage on reporting options.  

All employees are Responsible Employees for concerns for student and patient concerns as it relates to discrimination, sexual violence, sexual harassment and sexual violence. Some employees may have additional reporting obligations. For more information on reporting obligations, please see our webpage on Responsible employees.

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Step 2- Review Report

Based on the information reported, HDAPP will review the report to determine if we are the appropriate department to review your concerns. If we are the correct department, then we will proceed to Step 3. 

Sometimes we can determine we aren't the correct department and we send a closure (See Step 5 for more on closures) when:

• on its face, the allegations aren't an act of Prohibited Conduct as defined in the appropriate policy (e.g., bullying without a connection to an identity), or
• the Prohibited Conduct is not covered by this Policy, as described in the appropriate policy (e.g., is the respondent affiliated, is there a connection to the UC system, etc.).

Sometimes it is not clear and additional information is needed. For these circumstances, we will proceed with Step 3 to gather more information to assist with the review.

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Step 3- Gather Information

HDAPP strives to hear directly from the complainant (i.e., the person who allegedly experienced the concerns) even if they weren't the ones who reported to us the concerns. HDAPP may also gather additional information from various campus partners to get a better understanding of the concerns (e.g., class grades, evaluations, compensation information, accommodations in place, etc.)

Below is an overview of the process for gathering information when we have a known complainant:

• Outreach Message
• HDAPP will email a complainant an outreach message with resources and inviting them to share more about their experiences. If a complainant did not report their own concerns, this may be the first time they are learning that the report has been made.
  
  In the outreach message, complainant’s are offered various options for sharing information, including submitting an intake form, emailing more information, or scheduling an intake meeting. 
• Intake Form
• In the outreach, a complainant is given an intake form link that they can fill out. This form has specific questions to help us gather necessary information about our review. This generally includes, but is not limited to details of the concerns, impact of the experience, and desired resolution.
  
  Once a complainant has submitted the form, they will receive a confirmation email from an HDAPP staff member and it will be assigned to a Case Specialist to review the information reported. A case specialist may reach back out to the complainant should additional information be needed.
  
  This is often the fastest method for HDAPP to receive necessary information.
• Intake Meeting
• An intake meeting is a meeting with a Case Specialist. One goal of this meeting is to share with you an overview of the process and to answer any questions you may have about it. The second goal is to offer you the opportunity to share more about your experiences. This generally includes, but is not limited to the details of the concerns, impact of the experience, and desired resolution.
  
  Intake meeting typically take one-hour and generally are held via Zoom/by phone. In-person meetings can be requested. It may take a few weeks for these meeting to be scheduled.
  
  Typically, following the intake meeting a complainant will receive an email with a summary of the information shared and any follow up questions.
• By Email
• A complainant can reply to the outreach sharing additional information about their concerns. We ask that they please share with us details of the concerns, impact of the experience, and desired resolution. This includes names and dates.
  
  Once a complainant submits additional information, a Case Specialist is likely to be assigned the case to review the information and send any follow up questions.
  
  This is another quick method of sharing information, but it often leads to additional questions due to the fact a complainant may not understand all the information necessary for HDAPP’s review unlike the intake form that has questions outlined. 

If a complainant does not want to share more information or does not respond to our offer, HDAPP will still proceed to Step 4 and the outcome may be that the University needs to take action. This is why it is helpful to hear first-hand from a complainant about their experiences including their desired resolution.

Regardless of a complainant’s decision to share more, should action be taken, a complainant will be informed of our next steps. Complainant's who are anonymous would not be informed of the outcome. 

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Step 4- Initial Assessment

During our initial assessment, the information reported and gathered will be shared with appropriate officials for review to assist them in determining the next appropriate steps. 

The assessment will determine whether:

• the report on its face alleges an act of Prohibited Conduct as defined in the appropriate policy;
• and if so, whether the Prohibited Conduct is covered by this Policy, as described in the appropriate policy (e.g., is the respondent affiliated, is there a connection to the UC system, etc.) 

If it does meet the criteria above, we take various factors in consideration when determining next steps, including but not limited to:

• A complainant's desired resolution*
• The concerns for the greater campus community
• The prior history of the respondent (i.e., the person alleged to have engaged in the concerning behavior).

*It is important to note that we cannot always honor a complainant’s desired resolution due to various mitigating factors. We always strive to explain why our decision may differ than their desires.

It is possible that before a decision is made, we may need to connect back with a complainant to gather additional information to assist in making a final decision on the next steps.

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