What if the disclosure was made to me outside the course of my work?
You are encouraged to still report it to OPHD as it enables the University to promptly address the conduct and connect the Complainant with resources.
What are my responsibilities as a member of the University community?
UC Merced expects every member of our community to be respectful of others and to help foster a safe environment free of discrimination, harassment, exploitation, and intimidation. Everyone at the university — students, faculty, academic appointees, and staff — has a responsibility to know and comply with the Sexual Violence and Sexual Harassment Policy, Anti-Discrimination Policy, Abusive Conduct in the Workplace Policy, codes of conduct, and relevant state laws. UC Merced expects everyone to take the mandatory training covering these areas.
If you are a Responsible Employee, you must promptly forward reports of discrimination, harassment, sexual violence and sexual harassment to OPHD. Want to know if you are a Responsible Employee or have questions about being a Responsible Employee? Contact OPHD by emailing ophd@ucmerced.edu.
I am a Responsible Employee. How do I fulfill my obligation?
When an individual discloses a possible incident of Prohibited Conduct, you should inform the individual that you are a Responsible Employee who must report any information the individual shared with you to OPHD. See Tips on Responding. As a Responsible Employee, you must contact OPHD as soon as possible and share whatever information you have, including the names of any individuals involved, their contact information, and any details of the incident. As a Responsible Employee, you should report to OPHD even if you are unsure that the incident actually occurred or whether it constitutes Prohibited Conduct.
If your job responsibilities ordinarily would require you to investigate a report of disruptive behavior or intervene or resolve the issue, consult with counsel before taking any steps to assure compliance with all applicable laws and policies.
Is the University required to investigate information regarding sexual violence incidents shared by survivors during public awareness events, such as “Take Back the Night”?
ResponsibEmployees are not required to report incidents that they learn of while attending public awareness events, such as “Take Back the Night,” ale nd the University is not required to open investigations based on statements made during such events.
What happens when a student complains to the front desk staff at Health Services that a student sexually propositioned them?
The front desk staff did not receive the disclosure while helping the patient obtain care from a healthcare provider. Because the employee was not acting in their confidential capacity, they were a Responsible Employee rather than a Confidential Resource. They must report to OPHD and make an incident report with whatever details they have, such as names, dates, etc.
Are reports to the UC Merced Police Department (UCMPD) confidential?
Under the SVSH and Anti-Discrimination policies, UCMPD are Responsible Employees with reporting obligations, with one exception. When a Complainant reports possible SVSH Prohibited Conduct to UMCPD, they may elect to keep their identity private. When they do, UCMPD cannot share the Complainant’s name, any identifying information, or contact details with OPHD. However, UCMPD must notify OPHD of the Complainant’s affiliation (student, faculty, staff), the Respondent’s information, and other relevant details. OPHD must respect the Complainant’s decision to keep their identity private.
Are Responsible Employees required to report disclosures about Prohibited Conduct (sexual violence and sexual harassment) received in the course of conducting Institutional Review Board–approved or certified exempt human subjects research?
Responsible Employees are not required to report disclosures of Prohibited Conduct made by someone when participating in human subjects research that has either been approved by an Institutional Review Board (IRB) or certified as exempt from IRB review under one or more of the categories in 45 CFR 46.104. When conducting research that is designed, or likely, to elicit information about sexual violence or sexual harassment, researchers are strongly encouraged to provide information about University and community resources to research participants.
Disclosures of incidents of alleged Prohibited Conduct made during a person’s participation as a subject in an IRB–approved or certified exempt human subjects research protocol will not be considered notice to the University for purposes of triggering its obligation to investigate. The reporting exemption that this section describes (for disclosures made by a person when participating in IRB-approved or certified exempt human subjects research) does NOT apply to disclosures made to research personnel outside of the course of the research protocol (for example, to faculty during office hours or while providing academic advising).
This reporting exemption does not affect mandatory reporting obligations under federal, state, or local laws, such as the Clery Act and the California Child Abuse and Neglect Reporting Act (CANRA), and other policies or laws that require reporting to campus or local law enforcement, or Child Protective Services.
