Berkeley Lab

Sexual Harassment Policy

The Laboratory is committed to creating and maintaining a community in which all persons who participate in Laboratory programs and activities can work together in an atmosphere free from all forms of harassment, exploitation, or intimidation, including sexual. Specifically, every member of the Laboratory community should be aware that the Laboratory is strongly opposed to sexual harassment and that such behavior is prohibited by law and by Laboratory policy. It is the intention of the Laboratory to take whatever action may be needed to prevent, correct, and, if necessary, discipline behavior that violates this policy.

Definition of Sexual Harassment

Sexual harassment is unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature; and when submission to or rejection of this conduct explicitly or implicitly affects a person’s employment or education, unreasonably interferes with a person’s work or educational performance, or creates an intimidating, hostile, or offensive working or learning environment. In the interest of preventing sexual harassment, the Laboratory will respond to reports of any such conduct.

Sexual harassment may include incidents between any members of the Laboratory community, including faculty or nonemployee participants in Laboratory programs, such as vendors, contractors, and visitors. Sexual harassment may occur in hierarchical relationships or between peers, or between persons of the same sex or opposite sex.

In determining whether the reported conduct constitutes sexual harassment, consideration will be given to the record of the conduct as a whole and to the totality of the circumstances, including the context in which the conduct occurred.

This policy covers unwelcome conduct of a sexual nature. While romantic relationships between members of the Laboratory community may begin as consensual, they may evolve into situations that lead to charges of sexual harassment, subject to this policy.

Harassment that is not sexual in nature but is based on gender, sex stereotyping, or sexual orientation also is prohibited by the University’s nondiscrimination policies[3] if it is sufficiently severe to deny or limit a person’s ability to participate in or benefit from Laboratory programs, employment, or services. While discrimination based on these factors may be distinguished from sexual harassment, these types of discrimination may contribute to the creation of a hostile work environment. Thus, in determining whether a hostile environment due to sexual harassment exists, the Laboratory may take into account acts of discrimination based on gender, sex stereotyping, or sexual orientation.

Retaliation

This policy also prohibits retaliation against a person who reports sexual harassment, assists someone with a report of sexual harassment, or participates in any manner in an investigation or resolution of a sexual harassment report. Retaliation includes threats, intimidation, reprisals, and/or adverse actions related to employment or education.

Dissemination of the Nondiscrimination and Harassment Policy, Educational Programs, and Employee Training

As part of the Laboratory’s commitment to providing a harassment-free working and learning environment, the Nondiscrimination and Harassment Policy will be disseminated widely to the Laboratory community through publications, Web sites, new employee orientations, and other appropriate channels of communication. Educational materials will be available to all members of the Laboratory community, to promote compliance with this policy and familiarity with Laboratory reporting procedures. In addition, the Laboratory has designated employees responsible for reporting sexual harassment and will provide training to those designated employees. Generally, such persons include supervisors, managers, and HR staff. The Laboratory has posted a copy of this policy in a prominent place on its Web site.

Reporting Sexual Harassment

Reports of Sexual Harassment

Any member of the Laboratory community may report conduct that may constitute sexual harassment under this policy. In addition, supervisors, managers, and other designated employees are responsible for taking whatever action is necessary to prevent sexual harassment, to correct it when it occurs, and to report it promptly to the Title IX Compliance Coordinator (Sexual Harassment Officer) or other appropriate official designated to review and investigate sexual harassment complaints. An individual may also file a complaint or grievance alleging sexual harassment under the applicable Laboratory complaint resolution or grievance procedure (University of California Procedures for Responding to Reports of Sexual Harassment, Appendix I: University Complaint Resolution and Grievance Procedures).

Response to Sexual Harassment

The Laboratory will provide a prompt and effective response to reports of sexual harassment in accordance with the University of California Procedures for Responding to Reports of Sexual Harassment (Procedures). A prompt and effective response may include early resolution, formal investigation, and/or targeted training or educational programs. Upon findings of sexual harassment, the Laboratory may offer remedies to the individual or individuals harmed by the harassment consistent with applicable complaint resolution and grievance procedures (Procedures, Appendix I: University Complaint Resolution and Grievance Procedures). Such remedies may include counseling, an opportunity to repeat course work without penalty, or other appropriate interventions. Any member of the Laboratory community who is found to have engaged in sexual harassment is subject to disciplinary action up to and including dismissal in accordance with the applicable Laboratory disciplinary procedure (Procedures, Appendix II: University Disciplinary Procedures) or other Laboratory policy. Generally, disciplinary action will be recommended when the harassing conduct is so sufficiently severe, persistent, or pervasive that it alters the conditions of employment or limits the opportunity to participate in or benefit from Laboratory programs. Any manager, supervisor, or designated employee responsible for reporting or responding to sexual harassment who knew about the harassment and took no action to stop it or failed to report the prohibited harassment may also be subject to disciplinary action. Conduct by an employee that is sexual harassment or retaliation in violation of this policy is considered to be outside the normal course and scope of employment.

Intentionally False Reports

Because sexual harassment frequently involves interactions between persons that are not witnessed by others, reports of sexual harassment cannot always be substantiated by additional evidence. Lack of corroborating evidence or “proof” should not discourage individuals from reporting sexual harassment under this policy. However, individuals who make reports that are later found to have been intentionally false or made maliciously without regard for truth may be subject to disciplinary action under the applicable Laboratory disciplinary procedure (Procedures, Appendix II: University Disciplinary Procedures). This provision does not apply to reports made in good faith, even if the facts alleged in the report cannot be substantiated by an investigation.

Free Speech and Academic Freedom

As participants in a public university, the faculty and other academic appointees, staff, and students of the University of California enjoy significant free-speech protections guaranteed by the First Amendment of the United States Constitution, and Article I, Section I, of the California Constitution. This policy is intended to protect members of the University community from discrimination, not to regulate protected speech. This policy shall be implemented in a manner that recognizes the importance of rights to freedom of speech and expression. The University also has a compelling interest in free inquiry and the collective search for knowledge and thus recognizes principles of academic freedom as a special area of protected speech. Consistent with these principles, no provision of this policy shall be interpreted to prohibit conduct that is legitimately related to the course content, teaching methods, scholarship, or public commentary of an individual faculty member or the educational, political, artistic, or literary expression of students in classrooms and public forums. However, freedom of speech and academic freedom are not limitless and do not protect speech or expressive conduct that violates federal or state antidiscrimination laws.

Additional Enforcement Information

The federal Equal Employment Opportunity Commission (EEOC) and the California Department of Fair Employment and Housing (DFEH) also investigate complaints of unlawful harassment in employment. These agencies may serve as neutral fact finders and attempt to facilitate the voluntary resolution of disputes with the parties. For more information, contact the nearest office of the EEOC or DFEH listed in the telephone directory. Additional information on harassment and complaint procedures may be found at §2.05(E) (University of California Procedures for Responding to Reports of Sexual Harassment) .

Sexual Harassment Prevention Training for Supervisors & Managers (AB1825)

Sexual Harassment Prevention Training

California law (AB1825), effective January 1, 2005, requires two hours of mandatory sexual harassment prevention education for all supervisory employees. In addition to staff supervisors, most academic employees (including all faculty) have been identified as having supervisory authority for the purposes of this law, and as such, are required to receive the training. New supervisory employees must receive the training within six months of their assumption of a supervisory position.

Access On-line Training

To access the on-line training program or for questions pertaining to your training status please contact the Diversity and Inclusion Office at dio@lbl.gov or 510-486-4232.

Why Retrain?

The law requires that employers provide two hours of follow up training and education for all supervisory employees every two years for as long as the individual has supervisory authority. The University of California has customized the sexual harassment training courses based on the environment of the supervisor. Two versions are available – one for supervisory employees and one for faculty. Persons who completed their initial training two years ago must complete the training again.

Resources for Sexual Harassment and Sexual Assault:

Berkeley Lab’s Diversity and Inclusion Office:

Christel Cantlin, Title IX Sexual Harassment Compliance Officer
Manager, Diversity and Inclusion Office
1 Cyclotron Road, MS 90P-0101, Berkeley, CA  94720-8076
Tel.  (510) 486-7635
Email: ccantlin@lbl.gov

Lady Idos, Sr. Diversity & Inclusion Analyst
1 Cyclotron Road, MS 90P-0101, Berkeley, CA  94720-8076
Tel.  (510) 486-4232
Email: lvidos@lbl.gov

Emergency Dial 7-911 or 9-911
Laboratory Security 510-486-5472
LBNL Hotline (non-emergency) 800-403-4744
CARE Services (Employee Assistance Program) 510-643-7754
Employee/Labor Relations (ELR) Department 510-486-6749
Human Resources Centers 510-486-7950
Whistleblower 510-486-4453

University of CA Police Department (UCPD): 510-642-6760 (non-emergency line)

  • The emergency telephone numbers are 911 (from any campus or hardline phone), or 510-642-3333 (from mobile phones). UCPD assists survivors in getting medical treatment and reporting. It will investigate any criminal acts and seek prosecution if the sexual assault or battery occurred on campus or University property. If the assault did not occur within UCPD jurisdiction, it will assist by contacting the appropriate agency.
  • 1 Sproul Hall @ UC Berkeley

Tang Center (University Health Services):

  • Medical Services: Call Urgent Care Clinic (8am-6pm M-F, 9am-4pm, Sat) / 24-hour advice line, 510-642-3188. After Hours Assistance: (510) 643-7197.  Services include treatment for injuries and testing for pregnancy and sexually transmitted diseases. Staff will also coordinate with local hospitals for evidence collection, if requested by the survivor.
  • Counseling Services: Call Social Services, 510-642-6074. Confidential counseling is provided as well information and support on criminal and civil procedures, safety issues, housing and academic concerns, and other campus and community resources.
  • Prevention and Education Services: Call Health Promotion, 510-642-7202.
  • Sexual Assault Information: Click here.

Local and National Resources:

Information on Sexual and Dating Violence: Click here.

Survivor Support: