Berkeley Lab

Diversity & Inclusion Office

Harassment & Discrimination

report-ovalNEW: Sexual Harassment Prevention Training Communication from Berkeley Lab Deputy Director Horst Simon – Feb. 2016:

Dear Colleagues:

As part of the University of California’s (UC’s) efforts to improve prevention and response to sexual violence and sexual harassment, UC is rolling out a comprehensive sexual violence/sexual harassment prevention training program for all UC staff and faculty. Each member of the UC community has a responsibility to make all UC locations, which includes Berkeley Lab, free from sexual violence/sexual harassment.

To this end, starting February 26, 2016, all non-supervisory employees on Berkeley Lab’s payroll with active status, regardless of previous training taken, will be required to complete training on sexual violence/sexual harassment prevention by May 1, 2016 or within 6 weeks of hire date. This training will be required annually.

This training will be video based, and delivered online through UC Learning Center. Each non-supervisory employee will receive an email from UClearningcenter@ucop.edu with his or her unique link for the mandatory training. Overall, the training should take approximately 50 minutes to complete for non-supervisory staff.

Supervisors and managers—who have been required to take such training for several years—will see new, updated content in their training and will maintain their current training schedule. (Supervisory training will continue to take 2 hours, (bi-annual) California State requirement.)

Preventing and responding to sexual violence at Berkeley Lab is all of our responsibility.

For more information on Berkeley Lab’s efforts to prevent and respond to sexual violence, please see below and visit Sexual Harassment Prevention.

Sincerely,

Horst D. Simon

For Non-Supervisors – New Policy Overview:

On January 1, 2016, the University of California released the updated Policy on Sexual Violence and Sexual Harassment http://policy.ucop.edu/doc/4000385/SHSV. This new Policy makes it clear that the University is committed to creating and maintaining a community where all individuals can work and learn together in an atmosphere free of harassment, exploitation, or intimidation.

The Sexual Violence and Sexual Harassment Policy includes several new or revised points:

  1. New definition of “responsible employee” and mandatory reporting of sexual harassment or sexual violence involving students. All UC employees (except those specifically identified as confidential employees) are required to notify the Title IX office if a student brings information about, or an employee becomes aware of, a possible incident of sexual violence or sexual harassment. If you’re not sure whether you have been identified as a confidential employee, please contact your supervisor.What this means for you: If someone comes forward to discuss an alleged incident of sexual harassment or sexual violence, or if you have reason to believe a student is experiencing sexual harassment or sexual violence, you must:
    1. Immediately contact the Title IX office and provide all of the information that was shared with you.
    2. Additionally, please provide the following information to the student:
      1. Your obligation to report the names of people involved in the alleged sexual violence or sexual harassment, as well as all facts shared with you regarding the alleged incident (including the date, time, and location), to the Title IX office,
      2. The student’s option to request that the University maintain his or her confidentiality, which the University (e.g., Title IX Officer) will consider, and;There are confidential support services available. The information shared with any of the confidential resources will not be forwarded to the university. These confidential resources include the CARE office and the student health center, and off-campus sexual assault resources centers.
      3. There are confidential support services available. The information shared with any of the confidential resources will not be forwarded to the university. These confidential resources include the CARE office and the student health center, and off-campus sexual assault resources centers.
    3. Do NOT conduct an investigation. This is the responsibility of the Title IX Office.
  1. Clearer definitions of prohibited conduct. The updated Policy clearly defines sexual assault, relationship violence, sexual harassment, and other prohibited behavior (including invasion of sexual privacy, sexual intercourse with a person under 18, and others).
  2. Reiterates the University’s prohibition of retaliation. The updated Policy prohibits retaliation against a person for making reports or participating in an investigation or other process related to the report of prohibited conduct.
  3. Requires mandatory, annual training for all staff. A new e-course on sexual violence and sexual harassment will be available on the UC Learning Management System (LMS). Information about the roll-out will be coming soon and you will be required to complete this e-course no later than May 1, 2016. The President has also directed that a new UC-developed training specifically directed at our new policy and procedures be developed in 2016. New UC-specific training would start with the next round of annual training. Information about this new course and its requirements will be forthcoming.
  4. Details the requirements for each campus to implement this Policy. These requirements include notifications to the Complainant when a formal report is made and requirements that both the Complainant and Respondent be simultaneously informed of the outcome of any investigation, as well as any resulting disciplinary proceedings.
  5. Requires that all campuses follow established and approved processes for investigation, adjudication, and sanctioning. Under the updated Policy, the timeframe for completion of all investigations is 60 business days, absent good cause.

I encourage you to review the new policy and address any questions or needed clarifications to your supervisor and/or your Title IX office. The policy is an important part of the University’s efforts to prevent and respond to sexual violence, sexual assault, and sexual harassment on our campuses. Thank you for your attention and cooperation in our overall efforts to improve the culture and climate on our campuses so that our staff is safe.

For Supervisors – New Policy Overview:

On January 1, 2016, the University of California released the updated Policy on Sexual Violence and Sexual Harassment http://policy.ucop.edu/doc/4000385/SHSV. This new Policy the University is committed to creating and maintaining a community where all individuals can work and learn together in an atmosphere free of harassment, exploitation, or intimidation.

The Sexual Violence and Sexual Harassment Policy includes several new or revised points:

  1. New definition of “responsible employee” and required reporting of sexual harassment or sexual violence involving students. All UC employees (except those specifically identified as confidential employees) are required to notify the Title IX office if a student brings information about, or an employee becomes aware of, a possible incident of sexual violence or sexual harassment. Further, all supervisors and managers must notify the Title IX office if anyone in the University community brings information about, or an you become aware of, a possible incident of sexual violence or sexual harassment. If you’re not sure whether you have been identified as a confidential employee, please contact your supervisor or department chair.What this means for you: If someone comes forward to discuss an alleged incident of sexual harassment or sexual violence, or if you have reason to believe a student or employee is experiencing sexual harassment or sexual violence, you must immediately contact the Title IX officer and provide all of the information that was shared with you.
    1. Additionally, please provide the following information to the student or employee:
      1. Your obligation to report the names of people involved in the alleged sexual violence or sexual harassment, as well as all facts shared with you regarding the alleged incident (including the date, time, and location), to the Title IX officer,
      2. The student or employee’s option to request that the University maintain his or her confidentiality, which the University (e.g., Title IX Officer) will consider, and;
      3. There are confidential support services available. The information shared with any of the confidential resources will not be forwarded to the university. For staff, these confidential resources include the CARE office and off-campus sexual assault resources centers.
    2. Do NOT conduct an investigation. This is the responsibility of the Title IX office.
  1. Clearer definitions of prohibited conduct. The updated Policy clearly defines sexual assault, relationship violence, sexual harassment, and other prohibited behavior, (including invasion of sexual privacy, and sexual intercourse with a person under 18).
  2. Reiterates the University’s prohibition of retaliation. The updated Policy prohibits retaliation against a person for making reports or participating in an investigation or other process related to the report of prohibited conduct.
  3. Requires mandatory, annual training for all staff. A new e-course on sexual violence and sexual harassment will be available on the UC Learning Management System (LMS) for non-supervisors[1]. A new Sexual Harassment Prevention Training (AB1825) course for supervisors and managers will be rolled out beginning in January. For 2016, supervisors and managers will retain their normal two-year cycle so this new course will simply replace the current course and you will take the new course when you are due for the training. The President has also directed that a new UC developed training specifically directed at our new policy and procedures be developed in 2016. The new UC-specific training would start with the next round of training. Information about this new course and its requirements will be forthcoming.
  4. Details the requirements for each campus to implement this Policy. These requirements include notifications to the Complainant when a report is made and requirements that both the Complainant and Respondent be simultaneously informed of the outcome of any investigation, as well as any resulting disciplinary proceedings.
  5. Requires that all campuses follow established and approved processes for investigation, adjudication, and sanctioning. Under the updated Policy, the timeframe for completion of all investigations is 60 business days, absent good cause.

I encourage you to review the new policy and address any questions or needed clarifications to your supervisor and/or your Title IX office. The policy is an important part of the University’s efforts to prevent and respond to sexual violence, sexual assault, and sexual harassment on our campuses. Thank you for your attention and cooperation in our overall efforts to improve the culture and climate on our campuses so that our staff is safe

[1] Your staff will be sent an email from UCOP Learning Center with a unique link. Please provide time and resources for them to take this mandatory training.


Reporting Harassment, Discrimination, or Retaliation:

Sexual Harassment:

Sexual Dating and Violence:

Questions?

Policy Statements:

Berkeley Lab and University of California policies prohibit discrimination against or harassment of any person employed by or seeking employment with the University on the basis of race, color, national origin, religion, sex, gender, gender expression, gender identity, pregnancy, physical or mental disability, medical condition (cancer-related or genetic characteristics), genetic information (including family medical history), ancestry, marital status, age, sexual orientation, citizenship, status as a protected veteran or service in the uniformed services. Employees and applicants for employment who believe they may have been discriminated, harassed, or retaliated against are encouraged to bring their concerns to the Diversity and Inclusion Office to investigate and attempt to resolve the complaint. For full text, please see: University of California Nondiscrimination and Affirmative Action Policy Statement.

Berkeley Lab prohibits retaliation against individuals who file complaints or participate in the complaint resolution process. The Diversity and Inclusion Office will investigate retaliation claims and report the findings to appropriate personnel for review and action. If you feel that you have been retaliated against for filing a complaint or participating in a complaint resolution process, please contact dio@lbl.gov.

Profiling employees or potential employees based on perceived racial, sexual or national origin characteristics is illegal and works against achieving fairness and equal opportunity in the workplace. Berkeley Lab supports this policy and knows that in order to achieve true diversity in the workplace, every individual must be given the opportunity to achieve. To express concerns or issues related to prohibited profiling practices, employees are encouraged to contact Berkeley Lab’s Research and Institutional Integrity Office (RIIO). Employees can visit the Lab’s Employee Concerns website to learn more about the forums or mechanisms to express employee concerns.

Equal Employment Opportunity: Berkeley Lab is an Equal Opportunity/Affirmative Action Employer. All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, disability, age, or protected veteran status. Berkeley Lab is in compliance with the Pay Transparency Nondiscrimination Provision under 41 CFR 60-1.4.  Click here to view the poster and supplement: “Equal Employment Opportunity is the Law.”