OT (or is it?) Campus responds to sexual harassment

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GoCal80
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From Dirks and Steele this morning:

Dear Campus Community,

We write to you today to follow up on last week's message about our collective work to prevent and address sexual harassment, assault, and violence on the UC Berkeley campus.

In the last two weeks, we have met with survivors, faculty, staff, students, alumni, and community leaders. We are grateful for their forthright comments, honest feedback, and constructive suggestions. And, we have heard the salient message: there is much work to be done. We take our responsibility here seriously, and we intend to have Berkeley lead in this area, as it has in so many others.

The painful stories and helpful recommendations we have heard over the last two weeks will inform the necessary steps our community needs to take in order to heal, learn, and move forward. We have an obligation to promote a campus culture in which sexual harassment, sexual violence, stalking and any abuse of power are neither tolerated nor ignored, but proactively prevented. We are committed to ensuring that Berkeley is a welcoming, safe, respectful, and inclusive community for every one of our students, staff, faculty, and visitors.

Prevention Initiatives

We are making immediate investments in prevention initiatives that go beyond the required training. The Confidential CARE Advocacy and Prevention Program will develop a comprehensive, evidence-based prevention plan with the goal of addressing campus climate issues in systematic ways. Additional initiatives will be implemented as early as this summer and will target our entire campus community students, staff, and faculty. The prevention initiatives will include more comprehensive education programs. Each member of our campus community must have clarity about their own responsibility to prevent and report harassment and violence, as well as about how to effectively intervene and provide support where possible.

For example, we will immediately begin to work with our faculty, staff, and students to organize a half-day campuswide event targeted for early fall which will include a series of teach-ins, seminars and other learning and awareness activities. We will also provide significantly more resources to support interactive and performance-based learning activities, as well as develop new experiential learning programs designed specifically to help all members of our community identify, confront, and stop abuses of power, including sexual harassment.

Crucial in these endeavors will be continued engagement with the Coordinated Community Review Team (CCRT), a cross-section of campus and community constituents, to guide the campus in preventing and responding to sexual harassment and violence at a campus level.

As this work develops, we want to take this opportunity to encourage each member of our community to attend and participate in Sexual Assault Awareness Month events, including Take Back the Night on April 6.

Timely Response to Complaints

Effective immediately, we are providing additional resources to the Office for Prevention of Discrimination and Harassment (OPHD), with the intention of reducing the length of time for case resolutions. Reducing investigation timelines will help bring closure to these cases more swiftly for all involved, including complainants and respondents. It will also enable us to do a better job of collecting and analyzing data on reporting and response, which will allow the campus to continuously improve our administrative systems, and inform our prevention efforts.

Support and Care for Survivors

Effective immediately, we are also authorizing additional resources to the Confidential CARE Advocates, University Health Services Social Services, and the Gender Equity Resource Center to ensure that survivors of sexual harassment and violence are able to quickly access advocacy, mental health providers, and community resources. It is essential that every member of our community seeking care experience the full support of our community. We will not compromise our efforts to ensure that Berkeley represents a learning and work environment in which survivors are fully supported and empowered.

Disciplinary Processes

We have already begun working with the Academic Senate leadership to define and implement a campus-based review process that extends the idea behind President Janet Napolitano's peer review panel announcement further across the Berkeley campus thereby improving our own disciplinary procedures and ensuring accountability at every level of faculty, administrative, and staff responsibility. The result will be a review board designed to ensure that sanctions for those found to have violated SVSH policy are dealt with in a firm and consistent manner, regardless of the rank or position of either the complainant or respondent.

Transparency

We will soon name a senior leader, whose charge will be to coordinate our efforts across the campus, to communicate with the larger community about our progress on each of these fronts. We are committed to personal accountability and transparency and will continue to support the staff charged with helping us all prevent, address, and sanction any violations of our policy.

As these immediate actions unfold, we will establish a Sexual Violence and Sexual Harassment Task Force in April, which will engage members of our faculty, staff, students, alumni, and outside experts in these areas who will do an independent assessment of our culture, process and sanctions with a draft summary report due to us by July. This group will draw upon the deep expertise already in place at Berkeley and advance our work in the areas of best practices across all areas. We have already been working with our key faculty and alumni, who are national experts in this area and have graciously offered assistance. We expect to announce more details in the next few weeks.

Sincerely,

Nicholas Dirks, Chancellor
Claude Steele, Executive Vice Chancellor and Provost
GBMARIN
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Your tax $$ at work.
OldBlue1999
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Dirks and Steele said:

on the UC Berkeley campus


So they admit this has nothing to do with this situation between Complainant, Hufnagel and Martin right off the bat.
CalEnviroLaw
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OldBlue1999;842670736 said:

So they admit this has nothing to do with this situation between Complainant, Hufnagel and Martin right off the bat.


Yeah, that is interesting.
socaltownie
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OldBlue1999;842670736 said:

So they admit this has nothing to do with this situation between Complainant, Hufnagel and Martin right off the bat.


Wrong. The physical location of the harassment doesn't matter. What does is whether you have an employee (clearly Hufnagel was) and a covered individual (here is the rub). As noted in another thread, I believe the core of this is going to be whether complainant is covered as a "visitor participating in a university program." Remember, if you hit on an employee repeatedly at an after-hours social hour you are just as at risk as if you hit on them in the coffee room.
CalEnviroLaw
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socaltownie;842670745 said:

Wrong. The physical location of the harassment doesn't matter. What does is whether you have an employee (clearly Hufnagel was) and a covered individual (here is the rub). As noted in another thread, I believe the core of this is going to be whether complainant is covered as a "visitor participating in a university program." Remember, if you hit on an employee repeatedly at an after-hours social hour you are just as at risk as if you hit on them in the coffee room.

Yeah, but still interesting that they chose to limit the statement to the campus.
GoCal80
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And now this was just posted on the New York Times - not the kind of attention that we really want at Cal....

http://www.nytimes.com/2016/03/25/us/sexual-harassment-cases-tarnish-berkeleys-image-as-a-center-of-social-activism.html?_r=0
dal9
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I haven't followed the law school thing, but how insane is it that a law professor engaged in this kind of behavior?! what kind of law did he specialize in?
PutYourNameOnIt
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GBMARIN;842670725 said:

Your tax $$ at work.


A small portion, yes.

Where are they finding these additional resources? Across the board cuts are in the near future.

Napolitano must be turning up the heat.
OldBlue1999
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socaltownie;842670745 said:

Remember, if you hit on an employee repeatedly at an after-hours social hour you are just as at risk as if you hit on them in the coffee room.


Right. But that only applies to coworkers. You're free to hit on members of the general public offsite as crudely and unsuccessfully as you like as long as it doesn't elevate to violate civil or criminal law. Even then they don't have a claim to your employer, that's what police and courts are for.
BoaltBear
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GoCal80;842670718 said:

Dear Campus Community,
...
Each member of our campus community must have clarity about their own responsibility to prevent and report harassment and violence, as well as about how to effectively intervene and provide support where possible.
...
It will also enable us to do a better job of collecting and analyzing data on reporting and response, which will allow the campus to continuously improve our administrative systems, and inform our prevention efforts.
...
We are committed to personal accountability and transparency and will continue to support the staff charged with helping us all prevent, address, and sanction any violations of our policy.
...
As these immediate actions unfold, we will establish a Sexual Violence and Sexual Harassment Task Force in April, which will engage members of our faculty, staff, students, alumni, and outside experts in these areas who will do an independent assessment of our culture, process and sanctions with a draft summary report due to us by July.
...
Sincerely,

Nicholas Dirks, Chancellor
Claude Steele, Executive Vice Chancellor and Provost


Calling out potentially relevant portions. Beyond the reporting aspects, the establishment of this Task Force will likely be another media event in April, and then the "draft summary report" will be yet another media event in July, with whatever deadline set for the "final summary report" (will there also be a detailed non-"summary" report??) being yet another media event.

And this is all separate and apart from the investigation launched against our head coach, not to mention how this Task Force and its initiatives and directives impact that investigation.

All that to say, wow they're really seizing the opportunity to get as much bad press as possible. Not just now: they're laying out milestones for bad press.
concordtom
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dal9;842670750 said:

I haven't followed the law school thing, but how insane is it that a law professor engaged in this kind of behavior?! what kind of law did he specialize in?


Just goes to show the power of sex on the brain. Even educated lawyers cannot withstand its pull.
concordtom
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BoaltBear;842670764 said:


All that to say, wow they're really seizing the opportunity to get as much bad press as possible. Not just now: they're laying out milestones for bad press.


It will continue, it's human nature to be horny beyond reasonability.
BeachedBear
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concordtom;842670769 said:

It will continue, it's human nature to be horny beyond reasonability.


And it goes waaaaay beyond just humans. We're just the only ones who seem to posess such elaborate social structures and existentialist angst to elevate it to a level above "when's the next meal".

:gobears:

and go humans too.
UrsaMajor
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Interesting, I just read Choudhry's lawyer's letter to Napalitano, and it paints a very different picture; In the letter, the attorney asserts that the complainant in her email to Choudhry as well as OPHD specifically stated that she knew "you didn't mean anything other than a warm and friendly greeting." In her complaint, she characterized Choudhry as an "unaware" boss with "pure intentions." Given that, it is easier to see why the initial sanctions were less than dismissal and why Napalitano's insistence on "banning" Choudhry could be seen as an over-reaction based on press.

Now, of course, there is another side, and Ms. Sorrell did file a civil lawsuit (interestingly, with an attorney that I have worked with on numerous occasions and have respect for). Nonetheless, Choudhry is now suing the UCOP--as Alice said, "curiouser and curiouser."
MSaviolives
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UrsaMajor;842670802 said:

Interesting, I just read Choudhry's lawyer's letter to Napalitano, and it paints a very different picture; In the letter, the attorney asserts that the complainant in her email to Choudhry as well as OPHD specifically stated that she knew "you didn't mean anything other than a warm and friendly greeting." In her complaint, she characterized Choudhry as an "unaware" boss with "pure intentions." Given that, it is easier to see why the initial sanctions were less than dismissal and why Napalitano's insistence on "banning" Choudhry could be seen as an over-reaction based on press.

Now, of course, there is another side, and Ms. Sorrell did file a civil lawsuit (interestingly, with an attorney that I have worked with on numerous occasions and have respect for). Nonetheless, Choudhry is now suing the UCOP--as Alice said, "curiouser and curiouser."


Yeah he was just a hug monster
[ATTACH=CONFIG]5597[/ATTACH]

Poor Leo Buscaglia would have been crucified.
BearlyCareAnymore
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UrsaMajor;842670802 said:

Interesting, I just read Choudhry's lawyer's letter to Napalitano, and it paints a very different picture; In the letter, the attorney asserts that the complainant in her email to Choudhry as well as OPHD specifically stated that she knew "you didn't mean anything other than a warm and friendly greeting." In her complaint, she characterized Choudhry as an "unaware" boss with "pure intentions." Given that, it is easier to see why the initial sanctions were less than dismissal and why Napalitano's insistence on "banning" Choudhry could be seen as an over-reaction based on press.

Now, of course, there is another side, and Ms. Sorrell did file a civil lawsuit (interestingly, with an attorney that I have worked with on numerous occasions and have respect for). Nonetheless, Choudhry is now suing the UCOP--as Alice said, "curiouser and curiouser."


Not commenting on the above because I honestly don't know the details of the case, but piggy-backing on the language I bolded above, between the microagression issue, this latest Anti-Semitic/Anti-Zionist language debate, and other similar policies/debates, Napalitano seems to be trying to appease every group that brings a beef to UC. That approach is a massive disaster at a place like Cal and UC. Rather than quieting the crowd, she is going to find every special interest group at her door screaming for their pound of flesh.
UrsaMajor
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Napalitano thinks she's running for governor (or senate when Feinstein retires) and is busy trying to gain points with everyone--thus pleasing no one.
stu
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PutYourNameOnIt;842670751 said:

Where are they finding these additional resources?

They wouldn't have to add much to double the current allocation.

Anyway I read this as a positive response to the petition and other feedback. Whatever they decide to do they need to complete in order to stop the bad press.
stu
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OaktownBear;842670828 said:

... Napalitano seems to be trying to appease every group that brings a beef to UC. That approach is a massive disaster at a place like Cal and UC.

Freedom and democracy aren't easy to maintain.

Quote:

Rather than quieting the crowd, she is going to find every special interest group at her door screaming for their pound of flesh.

Let's hope we get ours (keeping Martin).
bearister
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"Survivor" of sexual assault-Yes. "Survivor" of sexual harassment--Really?
GBMARIN
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Berkeley has come a very long way since the 60's
tequila4kapp
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I'm evolving to the position that academic institutions just shouldn't be in the business of adjudicating sexual harassment claims. In Oregon there's a government agency that handles these claims; I assume the same is true in CA. Why aren't these allegations handled by it?
concordtom
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bearister;842670864 said:

"Survivor" of sexual assault-Yes. "Survivor" of sexual harassment--Really?


Probably any good looking girl is a survivor of harassment.
Recall the days of men honking from cars, construction workers whistling?
Those things werent right, YH's actions not right, but come on...
This is a large fire threatening to tear apart our program over a guy hitting on a girl. We already lost one player Really?
MSaviolives
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tequila4kapp;842670908 said:

I'm evolving to the position that academic institutions just shouldn't be in the business of adjudicating sexual harassment claims. In Oregon there's a government agency that handles these claims; I assume the same is true in CA. Why aren't these allegations handled by it?


The CA Department of Fair Employment and Housing handles such claims upon receiving harassment complaints regarding entities in the private sector, but every private entity has its own obligation to investigate and act on such complaints as well.
MSaviolives
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concordtom;842670914 said:

Probably any good looking girl is a survivor of harassment.
Recall the days of men honking from cars, construction workers whistling?
Those things werent right, YH's actions not right, but come on...
This is a large fire threatening to tear apart our program over a guy hitting on a girl. We already lost one player Really?


I don't know about using the word "survivor," but in order to qualify as actual sexual harassment the conduct needs to be unwelcomed [U]and[/U] either severe [U]or[/U] pervasive, which certainly would not include isolated honking and whistling. But your post hearkens me back to a golden oldie from my youth: I'm a Girl Watcher

concordtom
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MSaviolives;842670918 said:

I don't know about using the word "survivor," but in order to qualify as actual sexual harassment the conduct needs to be unwelcomed [U]and[/U] either severe [U]or[/U] pervasive, which certainly would not include isolated honking and whistling. But your post hearkens me back to a golden oldie from my youth: I'm a Girl Watcher




I know the song: "I'm a wheel watcher" (as many watched the girl, Vanna).

So yelling out a car window, "hey mama, you're smoking hot! Oh my goodness, the mind conjures up incredible thoughts of what you and I could do together!", is okay?

How does that compare to, "it's real when you're on my couch", and "you're coming upstairs"?
MSaviolives
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concordtom;842670930 said:

I know the song: "I'm a wheel watcher" (as many watched the girl, Vanna).

So yelling out a car window, "hey mama, you're smoking hot! Oh my goodness, the mind conjures up incredible thoughts of what you and I could do together!", is okay?

How does that compare to, "it's real when you're on my couch", and "you're coming upstairs"?


Well as for yelling out the car window at the person one time, okay under the law, yes. Okay under appropriate behavior in our society...you be the judge. Huf's come ons were multiple, and it would be a question of fact for the adjudicator/judge/jury to decide if his behavior was pervasive, but the report concluded that it went on for months, so probably was pervasive.
BearlyCareAnymore
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concordtom;842670930 said:

I know the song: "I'm a wheel watcher" (as many watched the girl, Vanna).

So yelling out a car window, "hey mama, you're smoking hot! Oh my goodness, the mind conjures up incredible thoughts of what you and I could do together!", is okay?

How does that compare to, "it's real when you're on my couch", and "you're coming upstairs"?


In her book, Tina Fey recounted an incident as a young teen where some sleazy guy screamed lewd comments at her as she walked down the street. She said something like she realized then that she was a woman. She talked about discussing this years later with her friends and they all had the same experience where they realized they were "grown up" when some disgusting guy in a car informed them of that fact.

Guys can be pigs.
concordtom
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MSaviolives;842670937 said:

Well as for yelling out the car window at the person one time, okay under the law, yes. Okay under appropriate behavior in our society...you be the judge. Huf's come ons were multiple, and it would be a question of fact for the adjudicator/judge/jury to decide if his behavior was pervasive, but the report concluded that it went on for months, so probably was pervasive.


Q: Why do I think Huf is going to rally with info of his own in his defense that changes the nature of his advances in everyone's mind?
It could get ugly.
bar20
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The longer this drags through mud the less likely Martin will be around next year. Some school will understand that he's not responsible and that this is UC Berkeley and they don't know what the hell they're doing. He will be hired away. Brown and Raab will go to the NBA. A new coach will come in way too late to recruit anyone. We will have one mediocre year with our seniors probably making the NIT. The season ticket holders will drop to around 2000 in number. There will be rumors that we should drop intercollegiate sports based on this incident. What was so promising is now a mere memory.
concordtom
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OaktownBear;842670940 said:

In her book, Tina Fey recounted an incident as a young teen where some sleazy guy screamed lewd comments at her as she walked down the street. She said something like she realized then that she was a woman. She talked about discussing this years later with her friends and they all had the same experience where they realized they were "grown up" when some disgusting guy in a car informed them of that fact.

Guys can be pigs.


My wife walked 3 blocks to Alexandria metro station in DC and said it happened every day. Even in winter when she was bundled to the hilt and you could see no figure.

One doesn't have to have too many female friends to understand this is commonplace.
We need a bunch of women on this board!
concordtom
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bar20;842670942 said:

The longer this drags through mud the less likely Martin will be around next year. Some school will understand that he's not responsible and that this is UC Berkeley and they don't know what the hell they're doing. He will be hired away. Brown and Raab will go to the NBA. A new coach will come in way too late to recruit anyone. We will have one mediocre year with our seniors probably making the NIT. The season ticket holders will drop to around 2000 in number. There will be rumors that we should drop intercollegiate sports based on this incident. What was so promising is now a mere memory.


all because a guy wanted to get laid, really badly, and she said no.
tequila4kapp
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concordtom;842670946 said:

all because a guy wanted to get laid, really badly, and she said no.


No. All because the university f*cked up 3 prior legitimate SH cases and was either too incompetent to clear CM concurrent to the 8 month YH investigation or politically motivated to placate people, even if it meant dragging an innocent person (CM) through the mud and damaging a revenue generating operation.
concordtom
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I'm still waiting to hear an accurate reason why she pressed this issue.
I don't buy that she lost her job. Facts don't seem to support that un-investigated assertion.
That she was seriously bothered by the come-ons, I'm also uncertain - if it was bad and she was rattled,, I think she would have complained sooner, before getting the other job and moving away.

Anyone else? Am I off base?

Reason according to me? Revenge.
Remind me where I'm wrong.

I think I'm just bitter and need to re-read the report.
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