A disability-related grievance is a fact-finding investigation that determines whether a person has been discriminated against or a particular UC policy has been violated; in the case of Disability grievances, usually PACAOS 20 and 140.
A finding that someone has violated a UCOP disability non-discrimination policy is not a finding that the person did so out of animus. No “mens rea,” or wrongful intent, is required or assigned to respondents in our investigation findings. While there are forms of violation that may reflect animus, such as creation of a hostile environment, animus is not required to find a violation. We recognize that this standard is drastically different from the standard applied in matters involving other protected class members.
The difference is traceable to the source policies and laws. Our investigations are conducted to determine if there has been a violation of our UCOP disability anti-discrimination policies, primarily PACAOS 20 and 140. These policies were designed to facilitate campus compliance with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act of 1990. These laws stemmed from a desire to remedy the effects of “benign neglect” resulting from the “invisibility” of the disabled. Congress never intended, and courts have not interpreted, these remedial laws' protections and prohibitions to be limited to circumstances involving deliberate discrimination. “Affirmative animus” is thus not required by the ADA or section 504 to prove a violation, nor is it required for us to find a violation of our UCOP policies.
The message of the laws, UCOP policies, and our implementing campus procedures and processes (including investigations), is that we make no determination regarding whether respondents act out of hostility, while still recognizing that harm is real, no matter what the intent.