BERKELEY, Calif. _ After a series of embarrassing sexual harassment scandals at the University of California, Berkeley, a campus committee is recommending major changes to how Cal investigates and disciplines faculty members accused of misconduct, from giving victims a greater say in the outcome to eliminating a "three-year rule" that set a time limit on sanctions against professors.
The committee's report, posted online Tuesday, echoed common complaints about the lengthy and secretive process of disciplining faculty members for sexual misconduct violations _ a process widely criticized by students as being stacked in the favor of powerful professors. Faculty accused of sexual assault or harassment should undergo a single investigation, like everyone else on campus, the committee concluded, and victims should be included in the informal process known as "early resolution," which is used most often to set sanctions against faculty.
"Our investigation revealed that complainants are largely excluded from the early resolution process," the report said. "This marginalization of complainants creates a risk that harm from violations by faculty respondents will not be appropriately remedied and may increase the potential that litigation will ensue."
An investigation by the Bay Area News Group last spring found that while other employees were fired for such violations over the previous five years, no faculty members were terminated, and that in most cases they negotiated their sanctions in secret meetings with the administration.
The sexual harassment scandal at UC Berkeley drew international attention in late 2015 when it came to light that renowned astronomer Geoff Marcy was given a warning after a campus investigation found he had harassed students over nearly a decade. Marcy resigned after his case was publicized. Law school Dean Sujit Choudhry was initially allowed to keep his prestigious position after a campus investigation found them to have engaged in sexual harassment. A widely publicized lawsuit last March prompted him to step down.
The controversy took a toll on the administration. Both Chancellor Nicholas Dirks and his provost, Claude Steele, announced their resignations last year amid intense criticism from faculty and students alike who felt that the violations were treated too lightly. Months before he announced his plans to resign, Dirks in April established a 15-member Chancellor's Senate/Administration Committee on Sexual Violence and Sexual Assault to review campus policies. It includes students, faculty, a staff member and high-ranking members of the administration, including Interim Provost Carol Christ and social sciences Dean Carla Hesse.
The panel did not recommend mandatory-minimum penalties for those who violate the policy, but instead outlined a set of principles to consider, such as past violations and interference with the investigation.
Other findings and recommendations:
_Elimination of the "three-year rule," which prevents the campus from imposing sanctions on a faculty member if three years have passed since the chancellor has known _ or should have known _ about the alleged violation, even if campus Title IX officials weren't notified and an inquiry was never launched.
_Better support services for victims and stronger protections against retaliation.
_Ongoing educational programs organized locally _ by dorm floor, for example, or by academic department _ that include "an opportunity to learn about why such violations occur, environments and behaviors that make them more likely to occur, and the kinds of preventative efforts and remedies that are most effective."
_Incorporating gender and sexuality studies in UC Berkeley's American Cultures program _ a prerequisite for every bachelor's degree _ and requiring a one-unit wellness course for new undergraduates.
The committee also concluded that the administration needed to take a strong stand against sexual misconduct. "It must be made clear that abusive behavior of a sexual nature will not be tolerated," it said, "regardless of the status of the perpetrator."
