Abusive Conduct FAQs

How will this policy be implemented with respect to freedom of speech and academic freedom?

Freedom of speech, freedom of expression, and academic freedom are essential to the mission of the University; the free exchange of ideas is necessary for the discovery and dissemination of knowledge. However, freedom of speech and academic freedom are not limitless and, for example, do not protect speech or expressive conduct that violates federal and state anti-discrimination laws.

Is there a time limit to file a report?

No. There is no time limit for a Complainant to submit a report, and Complainants should report incidents even if significant time has passed. However, the sooner the University receives a report, the better able it is to respond, investigate, remedy, and impose discipline, if appropriate.

Please note, conduct that occurred before January 1, 2023 would not be covered under the Abusive Conduct Policy; however, you are encouraged to submit a report as the conduct may be in violation of past policies.

Are all reports investigated?

  1. No. After receiving a report, the applicable office(s) will make an initial assessment within thirty (30) business days, including a limited factual inquiry when appropriate, to determine how to proceed and whether a formal investigation is warranted.

  2. Reports may also be resolved using an Early Resolution process.

Can I file an anonymous report of Abusive Conduct?

Yes. Anonymous reports and allegations will be reviewed and processed pursuant to the Policy, as long as sufficient information is available.

Can I file a report of Abusive Conduct on behalf of someone else?

Yes. Managers and Supervisors (including Chairs and Deans) who observe or receive a report of Abusive conduct have a responsibility to address such conduct immediately, including making a report.

Are reports of alleged Abusive Conduct confidential?

The University must balance the privacy interests of people involved in a report of Abusive Conduct against the need to gather information, ensure a fair process, and stop, prevent, and remedy the alleged conduct. In this context, the University protects people’s privacy to the extent permitted by law and University policies.

If you have additional questions, please contact Employee and Labor Relations at AC_elr@berkeley.edu