Impartial InvestiGation Process
Frequently Asked Questions about Investigations
What should I do if I am experiencing a situation not in alignment with the values of the Lab, or if I feel my rights have been violated?
Several options are available.
Contact Leticia Ericson, the Title VII/Title IX Officer, at FAIR@lbl.gov, or call 510-486-7635
Contact the confidential Employee Assistance Program (EAP). This resource helps employees and their family members find solutions to personal and work-related challenges through counseling, consultation, assessment, and referrals. EAP services are voluntary, strictly confidential, and free of charge.
Report anonymously at File a Report.
Reference other internal and external resources: 2019 Lab Hotline Poster.
Why are the Title VII (Nondiscrimination and Harassment Policy); and the Title IX (Sexual Violence and Sexual Harassment) policies, often discussed together?
Title VII protects those engaged with employment from being discriminated against based on gender and other protected classes. While Title IX is a law that protects those engaged in educational opportunities the right not to be discriminated against based on gender (this includes violence and harassment).
As part of the Laboratory’s commitment to providing a harassment-free working and learning environment, both the Nondiscrimination and Sexual Violence and Sexual Harassment Policies are widely disseminated to the Laboratory community through publications, web sites, new employee orientations, and other appropriate channels of communication.
Educational materials are made available to all members of the Laboratory community, to promote compliance with these policies and familiarity with Laboratory reporting procedures.
If you'd like to review the Sexual Violence and Sexual Harassment policy, please refer to it here.
If you'd like to review the Nondiscrimination policy, please refer to it here.
Where can I find more information on Title IX Investigations?
The Title IX policy itself outlines the following sections: policy summary, definitions, policy text, compliance/responsibilities, procedures, related information, frequently asked questions, revision history, and appendices.
You can find the overall Title IX Lab and UCOP Policy here: https://policy.ucop.edu/doc/4000385/SVS.
What is a Mandated Reporter and what are my reporting obligations?
Laboratory employees are mandated reporters who are responsible for reporting policy violations, including workplace sexual harassment, and the Lab provides mandatory training to all employees. The Laboratory posts information about this responsibility in prominent locations across the Lab and on pertinent websites.
What is Retaliation?
Retaliation is an adverse action against a person taken because that person participated in a protected activity. Retaliation is a violation of Lab values and policy. Reports of misconduct is a protected activity, as is assisting someone with such a report. Participating in any manner of investigation or resolution of a report is a protected activity.
Retaliation includes threats, intimidation, reprisals, and/or adverse actions related to employment or education. For further information on retaliation protections, please refer to the whistleblower policy here.
What is Harassment?
Harassment is unwelcome conduct and violates policy when (1) enduring the offensive conduct is a condition of continued employment (or participation in the environment) or (2) the conduct is objectively severe or pervasive enough to create a work environment that a reasonable person would consider intimidating, hostile, or abusive.
General workplace slights, annoyances and isolated incidents (unless extremely serious) will not rise to the level of illegal harassment.
Harassment is illegal when it is based on a protected class including: race, color, religion, sex (including pregnancy), national origin, age (40 or older), disability or genetic information.
What kind of conduct is reportable?
In addition to our nondiscrimination and harassment prevention policies, our LBNL community is responsible for reporting conduct that would be considered crimes or a risk to safety occurring in connection to our location and our programs. Please refer to the list of conduct on the UC website here, and view the Clery Act Policy here.