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Job ID: 135831

Executive Director of Civil Rights & Investigations (0555U)
University of California Berkeley


Date Posted Jan. 7, 2020
Title Executive Director of Civil Rights & Investigations (0555U)
University University of California Berkeley
Berkeley, CA, United States
Department Office of Ethics, Risk, and Compliance Services
Application Deadline Open until filled
Position Start Date Available immediately
 
 
  • Director/Manager
    Senior Executive Officer
  • Legal
 
 


Executive Director of Civil Rights & Investigations (0555U)


About Berkeley

At the University of California, Berkeley, we are committed to creating a community that fosters equity of experience and opportunity, and ensures that students, faculty, and staff of all backgrounds feel safe, welcome and included. Our culture of openness, freedom and belonging make it a special place for students, faculty and staff.

The University of California, Berkeley, is one of the world's leading institutions of higher education, distinguished by its combination of internationally recognized academic and research excellence; the transformative opportunity it provides to a large and diverse student body; its public mission and commitment to equity and social justice; and its roots in the California experience, animated by such values as innovation, questioning the status quo, and respect for the environment and nature. Since its founding in 1868, Berkeley has fueled a perpetual renaissance, generating unparalleled intellectual, economic and social value in California, the United States and the world.

We are looking for equity-minded applicants who represent the full diversity of California and who demonstrate a sensitivity to and understanding of the diverse academic, socioeconomic, cultural, disability, gender identity, sexual orientation, and ethnic backgrounds present in our community. When you join the team at Berkeley, you can expect to be part of an inclusive, innovative and equity-focused community that approaches higher education as a matter of social justice that requires broad collaboration among faculty, staff, students and community partners. In deciding whether to apply for a position at Berkeley, you are strongly encouraged to consider whether your values align with our Guiding Values and Principles, our Principles of Community, and our Strategic Plan.

Departmental Overview

The Office of Ethics, Risk, and Compliance Services (OERCS) is responsible for the coordination and monitoring of the University's ethics and compliance activities, and for developing a culture of accountability in which risk assessment and risk management (mitigation) are part of all university business practices and decision making. The Executive Director of Civil Rights & Investigations reports to the Associate Chancellor/Chief Ethics, Risk & Compliance Officer (CERCO) and will have oversight responsibilities for whistleblower, discrimination/harassment/retaliation, and sexual violence/sexual harassment complaints. They will provide strategic guidance, advise and make decisions on behalf of an executive (generally defined as Chancellor, Vice Chancellor, or Vice Provost), relative to strategic academic and resource planning, short and long range policy development, communications and high-level analyses of new program development. In addition to executive advising, may also manage an independent program and/or professional staff engaged in a range of administrative functions.

The Executive Director of Civil Rights & Investigations will serve as the campus Local Designated Official (LDO) as defined under the University's whistleblower and whistleblower retaliation policies and will be primarily responsible for several functional areas of federal and state regulatory compliance and protection programs. This centralized investigations office:
  • Oversees all institutional compliance efforts related to gender discrimination, sexual harassment, sexual assault as governed by University Policy (e.g., the UC Policy on Sexual Harassment), as well as related state and federal laws (e.g., Title IX).
  • Manages reports or complaints of known or suspected improper governmental activity and retaliation as defined in the University's whistleblower and whistleblower retaliation policies.
  • Administers the appropriate campus response to reports of potential discrimination, harassment, and retaliation based on person's protected status (e.g. race, gender, disability) not addressed through student accommodation or academic personnel, processes (including but not limited to employee relations, labor relations, and/or regional service business partners).


Responsibilities

OVERSIGHT of Title IX, Title VII COMPLAINTS & SVSH INVESTIGATIONS
  • Responsible for ensuring the appropriate resolution for both formal and informal complaints of discrimination, sexual harassment, sexual violence, and retaliation related to these matters.
  • Provides leadership, management and highest-subject matter expertise in the resolution and remediation of protected category discrimination and harassment as defined in UC and campus policies; oversees the compliance content development and delivery of required anti-discrimination and sexual harassment/sexual violence prevention education.
  • Oversees the development and management of procedures and protocols for UC Berkeley's institutional response to complaints of discrimination and harassment.
  • Directs the quality, timeliness, and consistency of OPHD (including Title VII and IX) investigations and other complaint resolution professionals.
  • Reviews and analyzes relevant files, documents, and information. Prepares written responses for state or federal agency (EEOC, DFEH, OCR). Authors detailed written reports clearly stating the University's position for each case. Determines advisability of settling cases and makes recommendations to senior management and General Counsel.
  • Provides regular updates on complaint resolution activity and other performance metrics to the Associate Chancellor/CERCO and reviews submissions of complaint resolution metrics to the UC Office of the President.
  • Directs SVSH briefings to campus leaders, externally facing annual reports, and responses to data requests from government enforcement agencies, media outlets, and legal advocates.


WHISTLEBLOWER INVESTIGATIONS OVERSIGHT
  • Leads and coordinates appropriate and effective responses to reported allegations of improper governmental activity (IGA) and claims of retaliation for reporting an IGA, annually notifies the UCB community about UC Whistleblower and Whistleblower Protection policies and the California Whistleblower Protection Act, and oversees a team of investigators for whistleblower and whistleblower retaliation complaints.
  • Serves as Locally Designated Official (LDO), as defined in the whistleblower policies, for the campus. Provides regular updates on complaint resolution activity and other performance metrics to the Associate Chancellor/CERCO and to the UC Office of the President.
  • Provides oversight of all phases of our investigations; manages all staff, whether directly or indirectly; and participates in the development and implementation of strategies, policies, and procedures impacting the investigatory functions and overall operations.


EVALUATION OF REPORTS OR ALLEGATIONS OF NONCOMPLIANCE OR IMPROPER GOVERNMENTAL ACTIVITIES / OVERSIGHT FACT FINDING INVESTIGATIONS
  • Develops campus investigation organizational structure, triage process and protocols applicable to reporting units. Works collaboratively across investigative units to ensure that all complaints are handled in a timely and effective manner.
  • Provides expert guidance and leadership to reporting units and investigators, monitors caseload and identifies best practices to improve efficiency and effectiveness, and ensures consistency, quality, timeliness, and a trauma-centered approach to (formal & informal) complaint resolution operations.
  • Responsible for the ongoing improvement of complaint resolution protocols and standards. Identifies and proposes resource solutions when problems arise. Advises on the most complex and sensitive investigations of alleged discrimination, harassment, and/or IGA; recommends strategies to address issues raised.
  • Oversees the development of an organizational structure to manage the triage process and workflow to ensure timely complaint resolution. Works collaboratively across functional units to develop and document complaint resolution responsibilities for complaint resolution units including Human Resources, Title IX Office, Whistleblower office, Academic Personnel, research compliance, disability compliance, Disability Services Program and UCPD.


LEGAL RESEARCH AND ANALYSIS
  • Provides the campus with subject-matter expertise and guidance on state and federal laws and regulations related to civil rights including but not limited to potential discrimination in the workplace and in an institutional teaching and research environment whistleblower protections, improper governmental activities.
  • Works closely with campus legal counsel to ensure ongoing compliance with relevant laws or regulations. Determines the applicability of laws and policies to current complaints. Monitors relevant new legislation and legal practices and provides related advice to campus leadership. Reviews both campus and system wide policies and recommends appropriate updates and revisions.
  • Assesses the effectiveness of the existing programs designed and implemented to support the University's compliance with federal and state discrimination laws and with University policy.


COMPLIANCE, EDUCATION & TRAINING
  • Ensures appropriate training is provided to investigators and other staff on relevant state and federal laws, legal and investigative practices, and campus and systemwide policies and procedures that pertain to their job duties. Develops and implements training programs and materials for the ongoing education of investigators.
  • Provides updates on anti-discrimination/retaliation policies/procedures to senior managers and affected staff.
  • Ensures that each investigator completes annual SVSH traumainformed and fraud training.
  • Mentor and coach the team and create development plans to provide that staff are kept abreast of trends, laws, and policies.


LEADERSHIP & DEVELOPMENT
  • Establishing results-based performance expectations, setting priorities, and conducting timely, meaningful performance evaluations of the Investigations Unit staff. Promote inclusive and healthy environment based on principles of community and continuous development.


Required Qualifications
  • Bachelor's degree in related area and/or equivalent experience/training required.
  • Five years of progressive experience working in Title IX or other EEO compliance, investigations or enforcement, including conducting complex investigations of discrimination allegations Advanced knowledge of the applicable requirements of federal and state nondiscrimination and fraud regulations (e.g., Title IX, Title VI, Title VII, WPA, FEHA, Federal and California whistleblower protection laws etc.).
  • Expert knowledge of the compliance and ethics profession, theories, and standards. Expert knowledge of Title IX, Title VI, Title VII, FEHA, Section 504, and Federal and California whistleblower investigation laws and associated investigation protocols.
  • 5-7 years of progressively responsible professional experience in human resource management, compliance, or other allied field which includes conducting and/or reviewing comprehensive investigations, with a specific emphasis on investigating allegations of employment discrimination in accordance with just cause principles or assessing the contents of investigations for quality, thoroughness, completeness, and fairness.
  • Expert knowledge of best practices and methodologies for conducting investigations, including interviewing, gathering and analyzing evidence, and writing investigation reports; demonstrated leadership expertise and political acumen overseeing sensitive investigations within a large, complex organization.
  • Expert knowledge of federal and state laws and regulations, case law, and guidance related to discrimination and harassment based on categories including disability, race, color, national origin, gender, age, sexual orientation/identity, including allegations of sexual harassment and sexual violence, in the educational and employment setting.
  • Expert knowledge of the complexities of EEO Compliance and Operations, including disability, race, color, national origin, gender, age, sexual orientation/identity, including allegations of sexual harassment and sexual violence) in the postsecondary setting.
  • Demonstrated understanding of the relevance of trauma in the context of sexual violence (for example, the neurobiology of trauma and traumainformed investigation techniques).
  • Experienced and adept at interacting with constituents who are diverse in characteristics such as age, education level, race, gender identity and expression, ability, and socioeconomic backgrounds in a culturally competent manner.
  • Advanced written and oral communication skills; skillbuilding rapport in an open, friendly, and accepting way; and attentive listener.
  • Demonstrated ability to communicate, both verbally and in writing, complex findings and recommendations in a clear and concise manner. This includes findings for specific compliance and ethics program issues and risk areas.
  • Supervisory experience in relevant areas or demonstrated ability to lead cross functional teams.


Preferred Qualifications
  • Title IX compliance certification and or comprehensive training in Title IX, Clery Act and VAWA compliance.
  • Experience in a Title IX compliance or enforcement setting.
  • Professional experience in a higher education context.
  • Training in trauma-informed and fraud investigation practices or related experience.
  • Strong influence, change management and relationship building skills, along with the ability to coach and mentor others.
  • Experience using a case management system.
  • Thorough knowledge of discrimination laws.
  • Professional certification preferred.
  • Juris Doctor or related advanced degree preferred.


Salary & Benefits

For information on the comprehensive benefits package offered by the University visit:


http://ucnet.universityofcalifornia.edu/compensation-and-benefits/index.html



How to Apply

Please submit your cover letter and resume as a single attachment when applying.

Conviction History Background

This is a designated position requiring fingerprinting and a background check due to the nature of the job responsibilities. Berkeley does hire people with conviction histories and reviews information received in the context of the job responsibilities. The University reserves the right to make employment contingent upon successful completion of the background check.

Equal Employment Opportunity

The University of California is an Equal Opportunity/Affirmative Action Employer. All qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, disability, or protected veteran status. For more information about your rights as an applicant see: http://www.eeoc.gov/employers/upload/poster_screen_reader_optimized.pdf


For the complete University of California nondiscrimination and affirmative action policy see:
http://policy.ucop.edu/doc/4000376/NondiscrimAffirmAct


To apply, visit https://careerspub.universityofcalifornia.edu/psp/ucb/EMPLOYEE/HRMS/c/HRS_HRAM.HRS_APP_SCHJOB.GBL?Page=HRS_APP_JBPST&Action=U&FOCUS=Applicant&SiteId=21&JobOpeningId=4569&PostingSeq=1

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