University of California campuses at Berkeley, Los Angeles and Davis did not consistently discipline faculty who were subject to multiple sexual harassment complaints, according to a state audit released Thursday.
Those campuses also took much longer to discipline members of the Academic Senate, who include tenured faculty, than staff.
Overall, UC paid out nearly $4.5 million in 20 settlements related to sexual harassment complaints between January 2008 and December 2017. The auditor found the settlements were reasonable and did not unduly limit victims' educational and employment opportunities.
The audit reviewed UC's handling of all sexual misconduct cases in the last decade involving faculty and staff. Auditors looked at how quickly UC officials resolved cases, how well they communicated with those involved and whether they adhered to university sexual misconduct policies and practices. They also assessed whether discipline measures, if imposed, were proportional to the offense and whether settlements shortchanged the victim.
State Auditor Elaine M. Howle said that UC could improve its response to sexual harassment complaints with clearer direction on time frames and more communication. She also recommended that UC make discipline more appropriate and effective by requiring university officials to consult with campus Title IX coordinators about appropriate measures.
In a letter to Howle, UC President Janet Napolitano accepted all recommendations. She also pointed out that the university overhauled its harassment policies for students in 2016, expanding training, education and support services after a sweeping review by a systemwide task force she launched in 2014.
Last year, UC adopted reforms for cases involving faculty and staff. They sped up the timeline to complete investigations and decide on disciplinary measures and increased transparency in sharing the results with complainants and respondents.
Those improvements were not yet in place during much of the period examined in the audit, Napolitano said.
"UC understands the need for a strong stance against sexual violence and sexual harassment, meaningful efforts at prevention, and fair and timely processes for addressing complaints," she wrote. "To that end, the university has made great, proactive strides in improving its response to (sexual misconduct) issues. We will continue to uphold our commitment to ensure a safe and secure environment for all members of the UC community."
Assemblyman Adrin Nazarian, a Democrat, requested the audit last August after a constituent contacted him about her daughter's case. The daughter, who asked to be identified only by her first name Sarah, was a 24-year-old University of California, Los Angeles doctoral student in French and francophone studies who alleged that her faculty adviser, 69-year-old Eric Gans, sent her unwanted e-mails for two years beginning in 2010 and then repeatedly professed his love even when she told him to stop. She filed a Title IX complaint in 2012.
In 2013, UCLA found that Gans had violated university policies by creating a sexually hostile workplace and attempting to establish a romantic relationship with a student he supervised. In a settlement with UC, he agreed to resign from his position and was barred from future employment at the university.
In Sarah's settlement, UC agreed to an undisclosed payment _ but also barred her from studying or working at any university campus or affiliate. That provision outraged Nazarian, who told members of the joint legislative audit committee that it was "imperative to audit and see if this is a common practice among any state agency to revictimize those they have allowed to be a victim to begin with."
The audit found that UC did not include that ban in the other settlements reviewed and did so in Sarah's case to close the dispute and minimize the risk of further legal action.
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