Frequently Asked Questions

Bias incidents are acts of conduct, speech or expression that target individuals and groups based on certain characteristics such as race, religion, national origin, gender identity, gender expression, age, disability and sexual orientation. Examples of bias incidents include:

• A public speaker who makes homophobic comments about members of the LGBT community.
• Anti-Semitic or Islamaphobic flyers distributed on campus.
• Sexist or racist jokes told in public.
• Verbal insults directed toward a person of color.
• Defaming emails sent to a student cultural organization.

Some bias incidents may violate university nondiscrimination policies, the Student Conduct Code or other university policies. Other acts of bias may either not be severe enough to violate policy or be protected expressions of speech. The protection of freedom of expression, including controversial speech and sometimes even offensive or hurtful words, is vital to a community of teachers and learners. Nevertheless, personal threats or other acts of misconduct violate university policies and those policies will be vigorously enforced. You should report bias incidents so the university can determine if policies have been violated and support persons who feel victimized. UC San Diego strives to maintain a welcoming and inclusive environment free from incidents motivated by bias.

Learn more about freedom of expression at freespeech.ucsd.edu.

There are different definitions of unlawful harassment, depending on whether the complaint is made by a student or an employee. Here is the definition of prohibited and unlawful harassment that applies to students:

• Unwelcome physical, verbal, written or visual conduct that
  • is so “severe” and/or “pervasive”; and
  • objectively offensive; and that
  • so substantially impairs a person’s access to university programs or activities that the person is effectively denied equal access to the university’s resources and opportunities; and
  • is motivated on the basis of a protected category (e.g., race, color, national origin, sex, disability, age).

Here is the definition that applies to employees:

• Unwelcome physical, verbal, written or visual conduct that
  • is so “severe” and/or “pervasive”; and
  • objectively offensive; and that
  • unreasonably interferes with a person’s work or creates an intimidating, hostile or offensive working or learning environment; and
  • is motivated on the basis of a protected category (e.g., race, color, national origin, sex, disability, age).

A determination of whether particular conduct constitutes prohibited and unlawful harassment depends on the totality of the circumstances. Prohibited and unlawful harassment may occur between persons of differing power or between peers. It may also involve a female harassing a male; a male or female harassing a person of the same gender; or a person of one race (national origin, religion, etc.) harassing a person of the same race (national origin, religion, etc.).

We are protected against harassment and discrimination in education and employment based on our:

• Race
• Color
• National Origin
• Religion
• Sex
• Gender Identity
• Gender Expression *
• Pregnancy (including pregnancy, childbirth and medical conditions related to pregnancy or childbirth)
• Physical or Mental Disability
• Medical Condition (cancer-related or genetic characteristics)
• Genetic Information (including family medical history)*
• Ancestry
• Marital Status
• Age
• Sexual Orientation
• Citizenship
• Service in the Uniformed Services (including membership, application for membership, performance of service, application for service or obligation for service in the uniformed services).

We are also protected against unlawful harassment and discrimination based on our perceived membership in any of these protected categories. 

*Applies only to employment at UC San Diego

The following examples of unlawful discrimination would likely violate UC policy:

• Giving students unequal access to university programs based on their race (or other protected category).
• Excluding a student from joining a university organization based on the student’s sexual orientation (or other protected category).
• Denying an employment application because of that person’s age (or other protected category).
• Charging women more money than men to join the recreation center.
• Failing to make reasonable accommodations for a student or employee with a disability.

The following examples of unlawful harassment would likely violate UC policy if found to be sufficiently “severe” and/or “pervasive”:

• Making derogatory or dehumanizing remarks based on a person’s race (or other protected category).
• Physical assaults targeting individuals of a particular religion (or other protected category).
• Repeatedly sending unwelcome emails, text messages or photos of a sexual nature.
• Anti-Semitic or Islamaphobic graffiti scrawled on the door of a student’s room.

Sexual harassment may be verbal, visual or physical conduct. Examples include:

• Direct propositions of a sexual nature.
• Sexual innuendos and other seductive behavior, including pressure for sexual activity, such as repeated unwanted requests for dates and repeated inappropriate personal comments, staring or touching.
• Direct or implied threats that submission to sexual advances will be a condition of employment, promotion, grades, etc.
• Unnecessary or unwanted touching, patting, massaging, hugging or brushing against a person’s body, impeding or blocking movements or other unwanted conduct of a physical nature.
• Remarks of a sexual nature about a person’s clothing or body, unwelcome and inappropriate letters, phone calls, e-mail, text messages, or other communications or gifts.

Conduct may violate the University of California Policy on Sexual Violence and Sexual Harassment only if it meets the definition set out in the relevant policies applying to students or employees.

Hate crimes are illegal types of bias incidents that violate state or federal law. In California, hate crimes are illegal acts that target victims because of disability, gender, national origin, race or ethnicity, religion, sexual orientation, or association with a person or group with one or more of these actual or perceived characteristics.

Examples of hate crimes include:

• Verbal or written threats of violence because of a person's sexual orientation.
• Anti-Semitic or Islamaphobic graffiti and other similar forms of property damage.
• Physical assault because of a person's race.

If you are in danger or a crime is in progress, call the UC San Diego Police immediately at (858) 534-4357 or call 9-1-1.

The Violence Against Women Act (VAWA) imposes obligations on colleges and universities to expand required campus education programs on sexual assault to include prevention awareness and bystander intervention strategies. It also expands the information colleges must include into their annual crime reports to include acts of domestic violence, dating violence and stalking.

OPHD has procedures for resolving complaints of sexual harassment and other types of unlawful discrimination. We encourage early reporting of concerns or complaints because complaints are most effectively resolved at the earliest possible stage. Resolution options depend on the circumstances and may include education programs for particular individuals, separation of the parties, or job or housing reassignment. Where early resolution is unsuccessful or inappropriate, a request for a formal investigation may be filed. There is no prescribed sequence, so choosing one option first does not prevent a complainant from choosing a different option for resolution later on. You may also get advice or assistance without filing a complaint.

If you or someone you know has a question about unlawful harassment or discrimination, please contact the Office for the Prevention of Harassment and Discrimination (OPHD). You may leave a confidential voicemail at (858) 534-8298, email us at ophd@ucsd.edu or visit us at 201 University Center on the main campus at the corner of Gilman and Myers. OPHD office hours are Monday through Friday, 8:00 a.m. to 4:30 p.m.

Staff members with questions regarding harassment or discrimination may also contact Equal Opportunity/Staff Affirmative Action.

Some people fail to report unlawful harassment or discrimination because they fear retaliation. Threats, other forms of intimidation, and retaliation against anyone for reporting unlawful harassment or discrimination, for assisting another in bringing a complaint, or for opposing unlawful discrimination or harassment are prohibited.  Retaliation is a violation of the law and UC San Diego policy, and it is a serious offense. UC San Diego takes measures to protect those who complain of or witness incidents of unlawful harassment or discrimination and those who participate in OPHD investigations. A claimant may report retaliation separately or in connection with another report for unlawful discrimination or harassment. 

To establish unlawful retaliation, several elements must be met:

• The claimant is engaged in a protected activity; 
• The individual accused of retaliation knew about the claimant's protected activity;
• The claimant suffered an adverse action; and
• There is a causal link between the protected activity and the adverse action.

Some examples of protected activities include complaining about unlawful harassment, participating in an investigation of unlawful harassment as a witness, assisting another individual in reporting unlawful harassment, or generally opposing unlawful harassment or discrimination.

Some examples of an adverse action include a demotion, counseling, discipline, reassignment, lay-off, termination, a low grade, harassment, or another negative change in employment or education status.

UC San Diego has a consensual relationship policy which addresses potential ethical and legal issues that arise when individuals develop romantic or sexual relationships. Consensual relationships where there is a power differential between the parties pose potential and real conflicts of interest. Effective steps must be taken to ensure that evaluation or supervision of the faculty member, staff person or student is unbiased and not based on the consensual relationship. For information regarding relationships between coworkers, see the UC San Diego Policy on Conflicts of Interest Arising Out of Consensual Relationships.

The UC Regents approved a systemwide faculty-student relationship policy, which is part of the Faculty Code of Conduct, stating, “Whenever a faculty member is responsible for academic supervision of a student, a personal relationship between them of a romantic or sexual nature, even if consensual, is inappropriate. Any such relationship jeopardizes the integrity of the educational process.” It is misconduct for faculty to engage in romantic or sexual relationships with students for whom the faculty member has, or should expect to have in the future, academic, instructional, evaluative or supervisory responsibility.