University of California Sexual Harassment and Sexual Violence

Dear Maryanne Willkinsin:

Thank you for your interest in public records of UC San Diego. Your request has been received and is being processed in accordance with relevant law and University policy. Your request was given the reference number R008088-030424 for tracking purposes. Records Requested: To Whom It May Concern:

Pursuant to the California Public Records Act, I hereby request the following records:

-A summary and categorial breakdown of all complaints of Sexual Violence or Sexual Harassment, as covered by the Sexual Violence and Sexual Harassment Policy, received by UC San Diego's office designated for handling such complaints for the years 2018 through 2023. These records may be kept by Academic Year or Fiscal Year.
-A summary of the outcomes of these complaints, i.e., a count of how many went to Formal Investigation, Alternative Resolution, Informal Resolution, etc.
-If the above information is contained in the Annual Reports that are supposed to be published by the Office for the Prevention of Harassment & Discrimination or the Title IX office, it will be sufficient to send me those in place of the above records.

The requested documents will be made available to the general public, and this request is not being made for commercial purposes.

In the event that there are fees, I would be grateful if you would inform me of the total charges in advance of fulfilling my request. I would prefer the request filled electronically, by e-mail attachment if available or CD-ROM if not.

Thank you in advance for your anticipated cooperation in this matter. I look forward to receiving your response to this request within 10 calendar days, as the statute requires.

Sincerely,

Maryanne Willkinsin

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Your request will be forwarded to the relevant department(s) to locate the information you seek and to determine the volume and any costs associated with satisfying your request. You will be contacted about the availability and/or provided with copies of the records in question. PLEASE NOTE: The California Public Records Act does not require a governmental body to create new information, to do legal research, or to answer questions.
You can monitor the progress of your request at the link below and you'll receive an email when your request has been completed. Thank you for using the Public Records Portal.

Policy & Records Administration

--- Please respond above this line ---

Dear Maryanne Willkinsin,
After contacting the appropriate record holders, we have learned that UC San Diego does not have a summary as requested below. It is well established under California law and guiding federal precedent under the Freedom of Information Act (FOIA) (see Regents, supra,222 Cal.App.4th at p. 400) that, while the CPRA requires public agencies to provide access to their existing records, it does not require them to create new records to satisfy a request.  (Fredericks, supra, 233 Cal.App. 4th at p. 227]; Haynie v. Superior Court (2001) 26 Cal.4th 1061, 1073–1075  [agency not under duty to create a log of potentially responsive records].) “The basic rule is that an agency must comply with a request if responsive records can be located with reasonable effort.  [Citation.]  If the agency would be required to create a new set of public records in order to provide responses to a CPRA request, such agency action may be found to exceed its statutory duties.”  (Fredericks, supra, 233 Cal.App. 4th at p. 227; see Regents, supra, 222 Cal.App.4th at p.400 [“Similarly to the FOIA, no language in the CPRA creates an obligation to create or obtain a particular record when the document is not prepared, owned, used or retained by the public agency”].)

The information you requested is not currently available in an off-the-shelf report, nor can it be created via a simple data query. Due to limited staff/resources, the University does not currently have capacity to do the analysis and data collection required to create this custom data report. Public entities have no duty to create a record that does not exist at the time of the request (Gov. Code § 7920.530, subd. (e); Haynie v. Superior Court (2001) 26 Cal.4th 1061.). This is a well-established rule under the federal Freedom of Information Act, upon which CPRA is based (See NLRB v. Sears, Roebuck & Co. (1975) 421U.S.132, 162, and Yeager v. Drug Enforcement Admin. (D.C. Cir. 1982) 678 F.2d 315, 323). This completes your request.
Thank you,
Policy & Records Administration