Complainant Rights
What is a complainant?
The complainant is the party who has alleged misconduct and/or who is requesting support (such as pregnancy or lactation accommodations).
What happens after a report is made to the Title IX Office by a third party, mandated reporter/responsible employee?
The Title IX Office will provide outreach to the complainant, invite them to meet with Title IX, and share confidential resources as well. The complainant is under no obligation to respond to Title IX.
What options are available to the complainant? How can Title IX assist/support a complainant?
The Title IX Office will work with the complainant to determine the best response to the concern.
- A complainant may request supportive measures, such as changes in housing, employment, academic support, and transportation etc., with or without a formal process.
- A complainant may request a no contact directive, a lawful directive issued by a University official that prohibits a respondent from contacting the complainant.
- In addition to providing supportive measures, Title IX may assist with an alternative resolution or conduct an investigation to determine whether a violation of policy occurred.
- A Confidential Advocate and/or support person can accompany a complainant to meet with Title IX.
- A complainant may also choose to make a report to law enforcement by calling (831) 459-2231 ext 1 or 911.
What rights do complainants have with regard to Title IX procedures implemented in response to reports of sexual violence or sexual harassment?
- After receiving a report, Title IX will email the complainant and they may choose whether or not to respond and if they would like to meet.
- If a complainant would like an alternative resolution or a formal investigation in response to their report, they may request one.
- Considerations: if the Title IX Officer determines that the allegations require an investigation to mitigate a significant risk to the individual and/or campus community, they may need to conduct an “other inquiry” or launch a Title IX initiated investigation. The complainant may choose whether to participate in the investigation.
- Responsible employees must maintain the privacy of the complainant and should only discuss the report with the Title IX Office. Supervisors may be notified if there is a need to know to promote safety. It is best to consult with the title IX Office if there are safety concerns.
- Prior to an investigation, the Title IX Officer will only discuss the incident with parties that need to know in order to establish safety measures, initiate accommodations and to implement no contact directives.
- When safety and supportive measures are requested by the complainant, minimal information will be discussed with need-to-know parties but the details of the report or the type of Title IX report will not be revealed.
- All reports of sexual harassment and sexual violence will be handled privately to the extent permitted by law and by University policy and procedures.
Safety and Supportive Measures and Remedies
Safety and supportive measures are available to complainants, without notifying the respondent and without a formal process.
Additionally, before, during, and after an alternative resolution or formal investigation process, complainants may request supportive measures such as: changes to academic, living and working status, and transportation conditions or other interim protective and remedial measures.
The University may provide such measures if the complainant requests them and if they are reasonably available.
- No contact directives (NCDs) are administrative directives which direct a party to avoid contact with the other.
- A no–contact order issued as an Interim Measure may be unilateral (prohibiting one party from contacting the other) or mutual (prohibiting both parties from contacting each other). However, the University will not prohibit the Complainant from contacting the Respondent unless the specific circumstances indicate the restriction is necessary or justifiable to protect the Respondent’s safety or well-being, or to respond to interference with a Resolution Process.
- A no–contact order issued as a Remedial Measure will restrict only a party found in violation of University policy.
- A no–contact order issued as an Interim or Remedial Measure will include an explanation of its terms, including what conduct could violate it and result in corrective action. If the no-contact order is mutual, then the notice will also explain why it is mutual.
- No-contact orders may also be appropriate under other University policies.
- NCDs are issued by the universtiy and do not have the force of law but can lead to campus based sanctions or discipline. NCDs can be issued by the Title IX Office when related to sexual violence and sexual harassment. For more information about no contact directives, contact the CARE Office or Title IX.
- Retaliation is a prohibited conduct under the UC Policy on Sexual Violence and Sexual Harassment.
- Title IX will work with the appropriate party/office to prevent and address retaliation.
- Retaliation includes: threats, intimidation, reprisals, and/or adverse employment or educational actions against a person based on their report of prohibited conduct or participation in an investigation.
To encourage reporting, and because alcohol and drugs are often involved in sexual violence reports, neither student complainants nor student witnesses in an investigation will be subject to discipline for violations of the student conduct policy at or near the time of the incident. There are a few exceptions:
- Conduct placed the health or safety of another at risk
- Plagiarism, cheating, or academic dishonesty
- Egregious conduct, such as the sale of drugs or providing alcohol to an under-aged person
