At a Glance
| Type of Responsibility | What do they report? | Where do they report? | Where does the responsibility come from? |
|---|---|---|---|
| Responsible Employees |
Responsible Employees must report if they learn in the course of their employment, about incidents of sexual assault, sexual harassment, dating/domestic violence, stalking, or invasions of sexual privacy impacting UC affiliates. See the Responsible Employee section for more information. |
Report to the Office for the Prevention of Harassment and Discrimination (OPHD), the campus Title IX Office by submitting an online reporting webform, emailing ask_ophd@berkeley.edu, or calling (510) 643-7985. |
The University of California Policy on Sexual Violence and Sexual Harassment. |
| Mandated Reporters and CANRA Mandated Reporters |
Mandated Reports must report observed or suspected child abuse/neglect, elder or dependent adult abuse/neglect, and/or that a person poses a risk of imminent harm to themselves or someone else. California Child Abuse and Neglect Reporting Act (“CANRA”) Mandated Reporters must report observed or suspected child abuse or neglect. For more information, see the UC Reporting Child Abuse and Neglect policy. The term 'child' includes Students who are under the age of 18, even those who are enrolled in regular University programs or who are not legally 'minors'." See the CANRA Mandated Reporter and Other Mandated Reporters section for more information. |
Report to the agencies designated to receive such reports. These include police and sheriffs’ departments, such as the UC Police Department, and county welfare departments. |
Child Abuse and Neglect Reporting Act ("CANRA"), UC Reporting Child Abuse and Neglect policy, and the California Penal Code |
| Campus Security Authorities |
Campus security authorities must report Clery crimes including murder/non-negligent manslaughter, manslaughter by negligence, rape, fondling, statutory rape, incest, robbery, burglary, aggravated assault, motor vehicle theft, arson, domestic violence, dating violence, stalking, and arrests and referrals for liquor, drug, and weapon law offences that occur on campus owned or controlled property. Additionally, campus security authorities must report any of the above listed crimes and larceny-theft, simple assault, intimidation, and vandalism/damage of property that would be classified as hate crimes that occur on campus owned or controlled property.
See the Campus Security Authorities section for more information and for the definition of a hate crime.
|
If the crime being reported could be an ongoing threat, it should be reported immediately to the UC Berkeley Police Department for a potential campus-wide notification by calling 911 or the UCPD 24/7 direct emergency line at 510-642-3333 (TTY). Report Clery crimes using the online Campus Security Authority (CSA) Reporting Form |
The federal Jeanne Clery Act and the UC Clery Act Policy – Campus Safety and Security Reporting |
Overview of Reporting Obligations
Below is an overview of some types of reporting obligations. If you have any questions or concerns about an employee's reporting responsibilities, please discuss them with the employee or resource directly.
If you have experienced, or have information about, an incident of sexual assault, dating or domestic violence, sexual harassment, stalking, or invasions of sexual privacy, and have questions or concerns about reporting, you are encouraged to contact a confidential resource. For 24/7 urgent confidential support, call the PATH to Care Center's Care Line at 510-643-2005.
Responsible Employees
Responsible Employees are employees of the University of California who are required to share information they learn in the course of their employment about conduct prohibited by the University of California Policy on Sexual Violence and Sexual Harassment (UC SVSH Policy). A Responsible Employee is any employee who is not a designated Confidential Resource, as defined by the UC SVSH Policy.
If a Responsible Employee learns, in the course of employment, that a student may have experienced Prohibited Conduct, they must promptly notify the Title IX Officer or designee.
Campus police, Human Resources administrators, academic personnel administrators, and Title IX professionals; managers and supervisors including deans, department chairs, and directors of organized research units; and faculty members have additional Responsible Employee obligations. If they learn, in the course of employment, that any other person affiliated with the University may have experienced Prohibited Conduct, they must promptly notify the Title IX Officer or designee.
To make a report as a Responsible Employee, contact the Office for the Prevention of Harassment and Discrimination (OPHD), the campus Title IX Office by submitting an online reporting webform, emailing ask_ophd@berkeley.edu, or calling (510) 643-7985.
For more tips and information about being a Responsible Employee, see the Responsible Employee Quick Guide
Where does this designation come from?
Who is a Responsible Employee at UC Berkeley?
Any University employee who is not a designated Confidential Resource. This includes resident assistants, graduate teaching assistants, and all other student employees when disclosures are made to them in their capacities as employees.
Are faculty Responsible Employees?
Yes, faculty are Responsible Employees. If a faculty member, in the course of employment, learns that any person affiliated with the University may have experienced Prohibited Conduct, they must promptly notify the Office for the Prevention of Harassment and Discrimination (the campus Title IX Office).
See the University of California Sexual Violence and Sexual Harassment (SVSH) Policy for more information.
Mandated Reporters
Mandated reporting requirements differ depending on the professional position an individual holds.
CANRA Mandated Reporters
California Child Abuse and Neglect Reporting Act (“CANRA”) Mandated Reporters must report observed or suspected child abuse or neglect to agencies designated to receive such reports. These include police and sheriffs’ departments, such as the UC Police Department, and county welfare departments. The University of California Reporting Child Abuse and Neglect policy defines a child as "a person under the age of 18 years. The term 'child' includes students who are under the age of 18, even those who are enrolled in regular University programs or who are not legally 'minors'."
Separate from CANRA, the California Penal Code requires any person who reasonably believes they have observed murder, rape, or certain lewd or
lascivious acts where the victim is a child under the age of 14 years to notify a peace officer (such as a campus or community police officer or a county sheriff) of the potential crime. This reporting mandate applies whether or not the witness is a mandated reporter and regardless of their affiliation with the University.
Credentialed Professionals
Certain credentialed professions (such as social worker, counselor) are mandated reporters, which means they have an obligation to report to the appropriate state agency if, while they are working, they have reasonable cause to suspect child abuse, elder or dependent adult abuse, and/or that a person poses a risk of imminent harm to themselves or someone else.
Health/medical practitioners
Health and medical practitioners are required to report to the police any physical evidence of a violent crime observed during a physical exam, including dating and domestic violence, and sexual assault.
Where does these designations come from?
State laws such as the California Child Abuse and Neglect Reporting Act (“CANRA”) and policies such as the University of California Reporting Child Abuse and Neglect policy.
Who is a mandated/mandatory reporter at UC Berkeley?
Mandated reporters at UC Berkeley include an employee or administrator:
- Whose duties bring them into contact with children on a regular basis, or who supervises those whose duties bring them into contact with children on a regular basis
- All licensed health professionals and counselors, including social workers; law enforcement officers; athletic coaches; and others
- Certain human resources employees (including academic personnel staff or other such location employees who are charged with handling discrimination complaints as defined in CANRA)
- Adults who supervise minor employees
Are faculty CANRA mandated reporters?
According to the University of California Reporting Child Abuse and Neglect policy:
"Although faculty members are not typically “teachers” under CANRA (even when students under the age of 18 enroll in their classes), some may be Mandated Reporters under other provisions of the Act:
- Physicians, nurses, and other health professionals are generally Mandated Reporters.
- Faculty members and other academic personnel who have responsibility for instruction at the preschool, elementary, or high school level, for example those who teach high school seminars or who serve as mentors in on-campus high school internship programs.
- Individuals whose University duties require direct contact and supervision of a person under the age of 18 are Mandated Reporters. This group may include faculty members who hire people under the age of 18 to assist with scholarship, research, or other academic activities as volunteers or interns.
- Employees (including faculty members and other academic personnel) and administrators whose duties bring them into contact with children on a regular basis, or who supervise others with such duties, are mandated reporters for child abuse or neglect occurring on the University’s premises or at official University activities or programs. The law does not define the definition of “duties” or “regular basis”. Questions about whether a particular individual is a Mandated Reporter should be directed to the Office of General Counsel or your local campus or medical center counsel office (Office of Legal Affairs)."
See theUniversity of California Reporting Child Abuse and Neglect policy for more information.
Campus Security Authorities
If a crime being reported could be an ongoing threat, it should be reported immediately to the UC Berkeley Police Department for a potential campus-wide notification by calling 911 or the UCPD 24/7 direct emergency line at 510-642-3333 (TTY).
To make a report of Clery crimes, complete the online Campus Security Authority (CSA) form. CSAs should provide the Notice of Rights and Options for Survivors of SVSH to any reporting parties of sexual assault, dating violence, domestic violence, and stalking. You can find more information on the UC Berkeley Clery Division website.
Campus security authorities must report Clery crimes including murder/non-negligent manslaughter, manslaughter by negligence, rape, fondling, statutory rape, incest, robbery, burglary, aggravated assault, motor vehicle theft, arson, domestic violence, dating violence, stalking, and arrests and referrals for liquor, drug, and weapon law offences that occur on campus owned or controlled property.
Where does this designation come from?
The federal Jeanne Clery Act and the UC Clery Act Policy – Campus Safety and Security Reporting
Who is a Campus Security Authority at UC Berkeley?
- An official of an institution who has significant responsibility for student and campus activities, including, but not limited to, student housing, student discipline, and campus judicial proceedings. If such an official is a pastoral or professional counselor, the official is not considered a campus security authority when acting as a pastoral or professional counselor.
- Any individual or individuals who have some responsibility for campus security, such as an individual who is responsible for monitoring entrance into institutional property.
- Any individual or organization specified in an institution’s statement of campus security policy as an individual or organization to which students and employees should report criminal offenses.
- A campus police department or a campus security department of an institution.
- A few examples of CSAs:
- a dean of students who oversees student housing, a student center, or student extracurricular activities
- a director of athletics, all athletic coaches (including part-time employees, graduate assistants, and volunteer coaches)
- a faculty advisor to a student group
- a student resident advisor or assistant
- a student who monitors access to student housing facilities or buildings that are owned by recognized student organizations
- a coordinator of Greek affairs
Are faculty Campus Security Authorities?
Yes, faculty are Campus Security Authorities if they have responsibility for student and campus activities beyond the classroom, such as serving as an advisor to a student group.
What are Confidential Resources at UC Berkeley?
According to the University of California Sexual Violence and Sexual Harassment (SVSH) Policy, Confidential Resources are exempted from Responsible Employee requirements, meaning they are not required to share information with the Office for the Prevention of Harassment and Discrimination (the campus Title IX office). Unless there is an imminent risk of serious harm, confidential resources at UC Berkeley cannot share information without your express consent.
Note: Designation as a “Confidential Resource” under the UC SVSH Policy only exempts a person from reporting to the Title IX Officer. It does not necessarily affect other mandatory reporting obligations.
Where does this designation come from?
The University of California Sexual Violence and Sexual Harassment (SVSH) Policy and California state law.
Who is a Confidential Resource at UC Berkeley?
According to the University of California Sexual Violence and Sexual Harassment (SVSH) Policy, the following university employees are Confidential Resources, meaning they are exempted from Responsible Employee obligations:
- CARE Advocates (At UC Berkeley: The PATH to Care Center)
- Ombuds (At UC Berkeley: The Ombuds Office for Students and Postdoctoral Appointees and The Staff Ombuds Office)
- Licensed counselors in student counseling centers and in employee assistance programs (At UC Berkeley: UHS Social Services, Counseling and Psychological Services (CAPS), and Be Well at Work - Employee Assistance)
- Anyone with a professional license requiring confidentiality (including health center employees but excluding campus legal counsel), or someone who is supervised by such a person.
Note: Caseworkers in the ASUC Student Advocate's Office are not employed by the University and are therefore not Responsible Employees in the course of their employment with the Student Advocate's Office. This means Student Advocate's Office staff do not share information about incidents of sexual assault, dating or domestic violence, stalking, or invasions of sexual privacy without the express permission of the survivor.
What about counselor-survivor privilege?
In general, counselor-survivor privilege, sometimes known as counselor-victim privilege, enables counselors certified as Domestic Violence Counselors and/or Sexual Assault Counselors in California to maintain the confidentiality of information revealed to them, even if they are called to testify as a witness in a trial or another proceeding. At UC Berkeley, PATH to Care Center Confidential Advocates are trained, certified California Domestic Violence Counselors and Sexual Assualt Counselors and communications with Confidential Advocates are considered privileged. You are encouraged to discuss confidentiality with a Confidential Advocate if you have any questions or concerns.