Executive Director of Civil Rights & Whistleblower Compliance (0555U)
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.
The Office of the Chancellor at the University of California, Berkeley is the executive office of the campus and provides administrative, organizational, strategic, and compliance services to advance the Chancellor's vision, core values, and priorities. The Office of Ethics, Risk, and Compliance Services (OERCS) is part of the Office of the Chancellor and 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 & Whistleblower Compliance reports to the Associate Chancellor/Chief Ethics, Risk & Compliance Officer (CERCO). The Executive Director will serve as the campus Local Designated Official (LDO) as defined under the University of California's whistleblower and whistleblower retaliation policies and will be primarily responsible for several functional areas of federal and state regulatory compliance and protection programs.
The Executive Director of Civil Rights & Whistleblower Compliance has broad responsibilities with campus-wide impact. The incumbent performs a wide range of management duties requiring tact, sensitivity, independent judgement, diplomacy, organizational skills, flexibility, and strict confidentiality.
The Executive Director:
Oversees all institutional compliance efforts related to protected category discrimination, including, sexual harassment, sexual assault as governed by University policies (e.g., the UC Policy on Sexual Harassment, the UC Policy on Discrimination and Affirmative Action in the Workplace, and similar nondiscrimination policies for students), as well as related state and federal laws (e.g., Title IX, Title VI, Title VII, and CA FEHA).
Directs campus compliance with UC Whistleblower and Whistleblower Protection policies and applicable laws (e.g., the Whistleblower Protection Act of 1989).
Periodically reports to Chancellor, senior management, and the Office of the President on the ongoing status of compliance in the above areas, including the development of key performance indicators that evidence effective monitoring and response consistent with organizational compliance program standards established in the US Federal Sentencing Guidelines and other relevant external requirements.
Leads and participates in systemwide and University committees and workgroups. Works collaboratively with university leadership and campus partners to develop strategies to mitigate and prevent discrimination, harassment, bullying, sexual violence, and retaliation and workplace misconduct.
CIVIL RIGHTS COMPLIANCE OVERSIGHT
Provides leadership and the highest-level subject matter expertise in the implementation of University and campus nondiscrimination policies, including but not limited to the UC Policy on Discrimination, Harassment and Affirmative Action in the Workplace, the UC Policy on Sexual Violence and Sexual Harassment (SVSH), and UC policies on nondiscrimination for students, including on-going communications with the Office of Disability Access & Compliance on SVSH cases that intersect.
Provides regular updates on compliance and complaint resolution activity as well as other performance metrics to the Associate Chancellor/CERCO and to the UC Office of the President.
Provides highest level oversight of mandatory compliance education programs. Through subordinate managers and other campus partners, ensures effective implementation of education and training programs for SVSH prevention and nondiscrimination in accordance with state, federal, and UC policy requirements.
Oversees campus responses to external nondiscrimination enforcement agencies. Supervises subordinate, subject-matter compliance managers in the coordination of audits and external investigations from state and federal agencies. Reviews and approves all formal responses to those agencies.
Develops and oversees protocols for campus responses to data requests from government enforcement agencies and media outlets.
WHISTLEBLOWER COMPLIANCE OVERSIGHT
Serves as Locally Designated Official (LDO), as defined in the whistleblower policies, for the campus. Provides regular updates on whistleblower complaint resolution activity and other performance metrics to the Associate Chancellor/CERCO and to the UC Office of the President.
Coordinates appropriate and effective responses to reported allegations of improper governmental activity (IGA) and claims of retaliation for reporting an IGAs.
Oversees the development of an organizational structure to manage the complaint triage process and workflow to ensure timely complaint resolution. Works collaboratively across functional units to ensure effective assessment and timely referral of incoming complaints to appropriate campus partner offices for investigation under applicable policy jurisdictions, e.g., Whistleblower Compliance, Human Resources, Academic Personnel, OPHD, Office of Disability Access & Compliance, and the Disabled Students' Program, Research Compliance, and UC Police Department on campus.
Oversees all phases of IGA investigations. Directs a team of investigators, and contract staff when applicable.
Participates in the development and implementation of high-level strategies and systems impacting investigatory functions related to Whistleblower complaints on campus.
Ensures annual dissemination the campus community about UC Whistleblower and Whistleblower Protection policies and the California Whistleblower Protection Act.
EVALUATION OF SYSTEMS AND PROTOCOLS
Responsible for the ongoing improvement of Whistleblower complaint resolution protocols and standards. Identifies and proposes resource solutions when problems arise; recommends strategies to support identified strengths and address identified systemic weaknesses.
Designs and implements programs to assess the effectiveness of the existing discrimination complaint resolution and educational programs designed to support the University's compliance with UC policies, and federal and state discrimination laws. Identifies and proposes resource solutions when problems arise; recommends strategies to support identified strengths and address identified systemic weaknesses.
ADVISING LEADERSHIP ON POLICY AND COMPLIANCE
Advises leadership on the alignment of institutional practices to overarching legal and policy requirements, and clearly communicates risks associated with non-compliance.
Ensures that campus is appropriately briefed on relevant new legislation and policy, and its impact on current institutional compliance practices, including complaint resolution performance metrics.
Coordinates nondiscrimination compliance briefings and updates to campus leaders, (e.g., the Chancellor, Associate Chancellor/CERCO, Vice Chancellor for Equity and Inclusion and other appropriate Vice Chancellors, Chief Human Resources Officer, ADA/504 Compliance Officer and applicable senior leaders at the UC Office of the President).
Oversees the production of an annual report on nondiscrimination compliance and associated concerns, partnering with relevant campus units, e.g., Human Resources, the Vice Provost for the Faculty, Student Affairs, Disability Compliance and others.
COMPLIANCE, EDUCATION & TRAINING
Ensures appropriate training is provided to nondiscrimination and whistleblower compliance staff, as well as dotted line report(s) within Disability Compliance, on relevant state and federal legal requirements, best investigative practices, and campus and systemwide policies and procedures that pertain to their job duties. Works with compliance officers to implement training programs and materials for the ongoing education of their investigators.
Ensures that subordinate managers complete mandatory, subject-matter specific training in alignment with state and federal requirements and UC policy. Mentors and coaches managers and staff in the implementation of professional development plans.
LEADERSHIP & DEVELOPMENT
Establishes results-based performance expectations for all direct reports. Establishes clear performance goals and work priorities. Conducts timely, meaningful performance evaluations of all direct reports, and mentors subordinate managers in the same area.
Promotes inclusive and healthy environment based on principles of community and continuous development, leading by demonstrated example.
Bachelor's degree in related area and/or equivalent experience/training.
5+ years of progressively responsible professional experience in nondiscrimination compliance (e.g. Title IX or EEO), ethics and compliance, or other allied field including oversight of: complex investigations according to legal / policy requirements and/or of discrimination allegations or institutional violations of federal nondiscrimination laws and policies.
Advanced knowledge of the applicable requirements of federal and state nondiscrimination (e.g. Title IX, Title VI, Title VII, WPA, FEHA, ADA Section 504 of the Rehabilitation Act, Federal and/or California whistleblower reporting and protection laws, etc.)
Expert knowledge of federal and state laws and regulations, case law, and guidance related to discrimination and harassment based on protected categories including allegations of sexual harassment and sexual violence in the educational and/or employment setting.
Expert knowledge of the complexities of a broad-based EEO compliance program that addresses the areas of disability, race, color, national origin, gender, age, sexual orientation / identity, including sexual harassment and violence.
Advanced knowledge of general, institutional compliance and ethics theories and standards.
Ability to manage and lead cross functional teams. Ability to effectively assess and coach unit and staff in establishing and achieving performance goals. Leadership experiences in the relevant functional compliance areas.
Strategic ability to analyze and assess cross functional practices and processes and to implement improvements and proactive solutions.
Demonstrated ability to communicate to leadership, 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.
Demonstrated ability to establish effective professional relationships in a large, complex organization, with proven experience and skills for interacting with constituents who are diverse in characteristics in a culturally competent manner.
Excellent skills in public speaking, attentive listening, conflict management, service orientation, and collaboration.
Demonstrated leadership expertise and political acumen overseeing sensitive investigations within a large, complex organization.
Expert knowledge of best practices and methodologies for conducting investigations, including interviewing, gathering and analyzing evidence, and writing investigation reports.
JD, EdD or other advance degree in related area.
Professional certification in related compliance area.
Professional experiences in compliance in a higher education context.
Advanced / expert knowledge of Federal and California whistleblower investigation laws and associated workplace investigation protocols.
Fraud investigation practices or related experience.
Experience with trauma-informed compliant resolution practices in the context of sexual violence and sex and gender harassment.
Competency around requirements for disability accommodations in the context of investigations and administrative hearings.
Experience implementing and using case tracking or management systems.
Salary & Benefits
For information on the comprehensive benefits package offered by the University visit:
Please submit your cover letter and resume as a single attachment when applying.
Application review will begin after February 24, 2020. The position will be open until filled.
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