Santa Clara University

Student Handbook

Student Handbook - PDF version available for download

If you do not have the Adobe Acrobat Reader, you will not be able to view our PDF files.  You can download it for free at the Adobe Website.

Table of Contents

I. Community Standards

A. Introduction
B. Statement of Community Values
C. Statement of Responsibilities & Standards of Conduct
D. Student Conduct Code

II. University Standards, Policies & Procedures

A. Academic Integrity
B. ACCESS Card Policy

1. Card Use
2. Lost, Stolen, and Replacement Card Fees
3. ACCESS Card Accounts
4. Closing Accounts, Refunds, and Returns
5. Account Error Resolution

C. Alcoholic Beverage Policy

1. Service of Alcohol
2. Events
3. Location
4. Clubs & Recreation
5. Sponsorship
6. Age of Majority of Participants
7. Alcohol Management Plan
8. Addendum to Agreement

D. Responsible Hosting of Events Where Alcohol is Served

1. Partial Listing of Laws
2. Penalties for Drunk Driving Offenses
3. University Sanctions

E. Alcohol Policy Within the Residence Halls
F. Alcohol & Controlled Substance Violations: Parental Notification Policy
G. Building Evacuation and Fire Safety
H. Communicable-Diseases Policy
I. Computing Resources Policy
J. Contraception Availability Policy Statement
K. Crime Reporting
L. Death of a Parent or a Student
M. Disabilities Resources

1. Access Policy
2. Resources

N. Drug-Free Policies
O. Eating Disorders
P. Eligibility Policy for Participation in Student Activities: Academic Standing and Discipline Status

1. Conditions for Involvement
2. Affected Groups & Restrictions Imposed

Q. Medical Marijuana Policy
R. Policy for Withdrawal for Health Reasons
S. Posting Printed Material & Chalking

1. Approval
2. Content
3. Size
4. Location
5. Time
6. Violations
7. Posting Within the Residence Halls

T. Pregnancy Resources
U. Prevention of Discrimination and Harrassment
V. Sexual Assault Reporting Protocol

1. Sexual Assualt Reporting Protocal for Student Victims
2. Academic and Living Accommodations
3. Advocacy and Crisis Counseling
4. Physical Health
5. Preserving Evidence
6. Reporting Options
7. Filing a Police Report
8. Filing a University Report
9. University Response to Sexual Assault and Sexual Misconduct
10. Definitions

W. Sexually Transmitted Infections
X. Smoking Policy
Y. Solicitation Polity
Z. Speakers Policy

1. Student Events Activities & Organizations
2. Expressive Activity Regulations on the Campus of Santa Clara University
3. Purpose of Regulations
4. Notification
5. Reservations
6. Mission Church

7. Clean Up of Property
8. Appeals Process

AA. Student Organizations

1. Registration
2. Rights
3. Responsibilities
4. Activities & Regulation
5. Scheduling
6. Risk Management
7. Amplified Sound

AB. Student Records and FERPA
AC. Transportation

1. Vehicles
2. Permits
3. Skateboarding, In-line Skating, Roller Skating & Bicycle Riding

III. Residence Hall Policies, Procedures & Standards

A. Introduction
B. Housing & Residence Life Community Charter

1. Goals
2. Statement of Values & Expectations For On-Campus Living

C. Housing & Residence Life Community Operations

1. Check-In/Check-Out
2. Closing & Opening
3. Common-Area Space
4. Community Damage
5. Consolidation
6. Keys
7. Lockouts
8. Personal Property Insurance 
9. Repairs and Custodial Services
10. Restrooms
11. Room Assignments
12. Room Changes
13. Room Damage
14. Room Entry & Safety Inspections
15. Storage

D. Housing & Residence Life Community Living

1. Air Conditioners
2. Amplified Musical Instruments & Drums
3. Appliances
4. Approved Appliances/Unapproved Appliances
5. Bikes
6. Candles/Open Flames/Incense
7. Commercial/Business Use of Facilities
8. Exits, Doorways & All Hallways
9. Extension Cords
10. Fire Safety Equipment
11. Furniture
12. Guests
13. Halogen-Bulb Lamps
14. Lofts
15. Occupancy Limits
16. Pets
17. Power Strips
18. Residence Room Numbers
19. Resident Room Doors
20. Room Alterations
21. Screens
22. Sports in the Hall
23. Trash & Recycling
24. Dropping Objects Out of Buildings
25. Elevators
26. Firearms, Weapons & Other Hazardous Materials
27. Fireworks & Firecrackers
28. Medical Marijuana
29. Noise/Quiet Hours
30. Roofs & Ledges
31. Room & Building Security
32. Smoking
33. Solicitation
34. Thefts
35. Vandalism

E. Building Evacuations & Fire Safety

1. In the Event of a Fire
2. Evacuation Alarms
3. Fire Prevention
4. Fire Safety

IV. University Judicial System

A. University Judicial Officers & Boards

1. Judicial Officers
2. Peer Judicial Board
3. University Disciplinary Council
4. Sexual Misconduct Board
5. University Board of Appeals

B. Student Responsibilities & Rights
C. Communications with the Student Regarding the Disciplinary Matter
D. Judicial Procedures

1. Initial Review or Hearing
2. Witnesses
3. Support Person
4. Appeal Process

E. Judicial Procedures for Reviewing Allegations of Sexual Misconduct

1. Preliminary Procedures
2. Procedures for Hearing
3. Appeal Process for Sexual Misconduct Case

F. Disciplinary Actions

1. Judicial Sanctions
2. Minimum Judicial Sanctions for Alcohol & Other Drug Violations
3. Cummulative Nature of Student Code of Conduct Violations
4. Low-Risk vs High-Risk Drinking Violations
5. Minimum Sanctions for Low-Risk Alcohol Violations
6. Minimum Sanctions for High-Risk Alcohol Violations
7. Kegs & Excessive Amounts of Alcohol
8. Police Action Related to Alcohol & Other Drug Violations
9. Minimum Sanctions for Other Drug Violations
10. Minimum Sanctions for Distribution of Other Drugs
11. Academic Sanctions
12. Administrative Sanctions
13. Discipline Disqualifications of University Financial Aid

G. Judicial Records Policy

1. Retention of Hard Copy of Judicial Records

V. A Selection of University Resources

A. University Offices
B. Residence Halls

Student Handbook

I. Community Standards

A. Introduction

Welcome to Santa Clara University. Santa Clara’s distinctive tradition expects from each of its community members an uncompromising commitment to excellence and to social responsibility that seeks to fashion a more humane and just society. To achieve our common goals, we must create a community environment that is shaped by its expressed values. The Student Handbook seeks to reflect the values of the community and unite them into a usable guide.

The Santa Clara University community includes students, faculty, staff, parents, alumni, neighbors, guests, and friends of the University. As a com-munity, enriched by men and women of diverse backgrounds, we respect differences, encourage open dialogue, and commit to caring for all members of the community. Every member of the community serves as a representative to other members of our community, both on and off campus. Members of this community freely affiliate with the University and should be prepared to contribute to and abide by the standards set forth in this handbook.

Santa Clara University believes that the life of the University rests in the hands of each and every community member. Sharing this responsibility should lead all community members to make the most of their talents, to be sensitive to one another and work together, and to seek justice within and beyond the Santa Clara University community.

All community members are called upon to promote actions and behaviors that are consistent with the values of Santa Clara University and to confront, challenge, and respond to actions that are inconsistent with the established standards.

This Student Handbook has been designed to frame your role within the Santa Clara University community. Every attempt has been made to provide a clear explanation of the standards, policies, and procedures that reflect the type of community that you are joining. Familiarizing yourself with the contents of this handbook is an investment of time that you will not regret.

B. Statement of Community Values

The Santa Clara University community is dedicated to the promotion of values consistent with academic and personal excellence. Choosing to join this community evidences your acceptance of these values.

As a member of this community, I will practice personal and academic integrity.

Living this value looks like:

• Being a “person of conscience,” a person who acts ethically, whose decisions reflect moral sensitivity, judgment, commitment, and courage
• Showing consistency in my beliefs, my words, and my actions personally and professionally
• Being honest, responsible, and accountable in my scholarly activities, making course work my top priority, and taking credit only for my own work

Living this value is inconsistent with:

• Failing to take responsibility for my behavior
• Engaging in dishonest behavior such as cheating or falsifying information
• Tampering with data systems or computer networks

As a member of this community, I will respect and care for myself, my friends, other people, and their property.

Living this value looks like:

• Maintaining my health in mind, body, spirit, and soul
• Treating other people and the environment with dignity, as I expect to be treated
• Being a “person of compassion,” who stands with others in their need and takes action to help build a more just and humane world
• Recognizing and actively protecting the property rights of others in my apartment, neighborhood, residence hall, on campus, and in the surrounding community

Living this value is inconsistent with:

• Behaving in ways that cause others emotional distress, threaten or discourage the freedom, personal safety, and respect that all individuals deserve
• Hurting myself and others through the use or distribution of drugs or alcohol
• Creating a dangerous environment by tampering with safety equipment or smoke detectors

As a member of this community, I will value diversity and learn from differences in people, ideas, and situations.

Living this value looks like:

• Understanding that differences in gender, socioeconomic status, ethnic background, race, culture, religion, sexuality, physical abilities, and other differences are rich opportunities for learning about other people, the world, and myself
• Working to understand and overcome personal, institutional, and societal biases, injustices, prejudices, and stereotyping
• Being fair, assigning benefits and burdens to people according to consistent, equitable, and just criteria

Living this value is inconsistent with:

• Harassing or threatening other members of the community
• Using degrading language toward any person or toward members of a specific group
• Arguing or hampering my community’s right to the communication of ideas and ideals just because they don’t represent my own
• Validating unequal behavior toward a person because of gender, socio-economic status, ethnic background, race, culture, religion, sexuality, -physical abilities, and/or other differences

As a member of this community, I will seek, share, and contribute to our common good.

Living this value looks like:

• Basing my actions on the belief that my own good is inextricably bound to the good of the whole community
• Contributing my talents and participating fully in the life and events of the community
• Engaging in the open dialogue and deep communication necessary to create a real rather than “pretend” community
• Showing careful stewardship of common space, property, and equipment

Living this value is inconsistent with:

• Not conveying a respect and responsibility for my University community
• Resisting learning about the perspectives shared by other community members
• Engaging in selfish or inconsiderate behavior

As a member of this community, I will be a leader-in-service to campus and the greater community beyond campus.

Living this value looks like:

• Seeking to understand not only “what is” but “what should be” and working actively to bring that about
• Making no decision without considering its effects on people who are poor, in need, and with the fewest resources

Living this value is inconsistent with:

• Not valuing the efforts of community service activities
• Perceiving leadership as someone else’s responsibility to the campus and outside community

C. Statement of Responsibilities & Standards of Conduct

A goal of Santa Clara University is to provide students with a general education so that they will acquire knowledge, skill, and wisdom to deal with and contribute to contemporary society in constructive ways. As an institution of higher education rooted in the Jesuit tradition, the University is committed to creating and sustaining an environment that facilitates not only academic development, but also the personal and spiritual development of its members. This commitment of the University encourages the greatest possible degree of freedom for individual choice and expression with the expectation that -individual members of the community will:

• Be honest
• Demonstrate respect for oneself
• Demonstrate respect for others
• Demonstrate respect for the law and University standards, policies, and procedures, their administration, and the process for changing them

In keeping with this commitment, this Statement of Responsibilities and Standards of Conduct and related policies and procedures have been formulated to guarantee each student’s freedom to learn and to protect the fundamental rights of others. The University administration has established standards, -policies, and procedures that are necessary to achieve its objectives as a Catholic, Jesuit university. These standards, policies, and procedures are inclusive of the laws of the nation, the state of California, and the local community.

All members of the Santa Clara University community are expected to conduct themselves in a manner that is consistent with the goals of the institution and demonstrate respect for self, others, and their property. Students living off campus are members of this community and, as such, are representatives of the University to the community at large. In this regard, students living off campus maintain an equal measure of accountability to the values and expectations of all members of this community as identified in the Student Conduct Code.

Whether living in or traversing through the neighborhood, or parking in the street, students are expected to adhere to the same high standards of -conduct and behavior that are consistent with the students’ developing role as responsible and accountable citizens and reflect well upon the Santa Clara University community.

D. Student Conduct Code

All members of the University community have a strong responsibility to -protect and maintain an academic climate in which the fundamental freedom to learn can be enjoyed by all and where the rights and well-being of all -members of the community are protected. To this end, certain basic regulations and -policies have been developed to govern the conduct of all students as members of the University community.

The University reserves the right to review student conduct that occurs on and off campus when such behavior is inconsistent with these expectations and the Student Conduct Code. In addition, students are responsible for the actions of their guests and will be held accountable for any violations of University standards, policies, and procedures by a guest. Students should accompany their guests while on campus. If necessary, the University reserves the right to limit the guest privileges of a student.

The following acts will subject students to disciplinary action:

Engaging in any form of academic dishonesty, such as plagiarism (representing the work or ideas of others as one’s own without giving proper acknowledgment), cheating (e.g., copying the work of another person, falsifying laboratory data, sabotaging the work of others), and other acts generally understood to be dishonest by faculty or students in an academic context. (Law students, refer to School of Law code.)

Illegal use, possession, or distribution of drugs. The use or possession of equipment, products, or material that is used or intended for use in manufacturing, growing, using, or distribution of any drug or controlled substance

Falsification or misuse, including non-authentic, altered, or fraudulent misuse, of University records, permits, documents, communication equipment, or identification cards and government-issued documents

Knowingly furnishing false or incomplete information to the University, a University official, or judicial hearing board in response to an authorized request

Disorderly, lewd, indecent, or obscene conduct; excessive or prolonged noise; behavior that interferes with the orderly functioning of the University, or interferes with an individual’s pursuit of an education on University-owned or controlled property or during an authorized University class, field trip, seminar, competition or other meeting, or University-related activity

Detention, physical abuse, or conduct that threatens imminent bodily harm or endangers the physical well-being of any person, including harm to self

Nonconsensual physical contact of a sexual nature such as sexual misconduct, sexual assault, and rape

Destruction, damage, or misuse of University property or the property of any other person or group

Theft or conversion of University property or the property of any other person or group

Hazing, harassing, threatening, degrading language or actions, including stalking, or any practice by a group or individual that degrades a student or employee, endangers health, jeopardizes personal safety, or interferes with an employee’s duties or with a student’s class attendance or a person’s educational pursuits

Intentional obstruction or disruption of teaching, research, administration, disciplinary procedures, or other University activities; or obstruction or disruption that interferes with the freedom of movement, both pedestrian and vehicular

Possession or use of firearms, explosives, dangerous chemicals, or other dangerous weapons or instruments except as expressly authorized by University regulation

Unauthorized entry into or use or defacement of University facilities, including residence halls and other buildings and grounds, including unauthorized entry into or presence in or on a University building; -unauthorized erection or use on University property of any structures including specifically but not limited to tents, huts, gazebos, shelters, platforms, and public address systems; or unauthorized use of University property for dances, concerts, assemblies, meetings, sleeping, cooking, or eating if said activity interferes with the operation of the University or surrounding community

Publication, posting, or distribution through the use of University resources (e.g., computer networks, telephone lines, e-mail services, Internet -connections), or at authorized University activities of material that violates the law of libel, obscenity, postal regulations, the fair use of copyrighted materials, or any law or statute or University policy

Failure to comply with a reasonable request or order of a University executive or other authorized official(s); refusal or failure to leave such premises because of conduct prescribed by this code when such conduct constitutes violations of this code or a danger to personal safety, property, or educational or other appropriate University activities on such premises; or refusal or failure to identify oneself when requested by a University official provided the official is identified and indicates legitimate reason for the request

Possession, consumption, sale, or action under the influence of alcoholic beverages by persons under the age of 21; furnishing alcoholic beverages to persons under the age of 21; consumption of alcoholic beverages in a public place (all areas other than individual residences, private offices, and scheduled private functions); excessive and inappropriate use of -alcoholic -beverages. (See also “Alcohol Policy Within the Residence Halls” on page 23.)

Misconduct in which a student is detained, arrested, cited, or otherwise charged with violations of local, state, or federal laws that materially or adversely affect the individual’s suitability as a member of the Santa Clara University community

Tampering with, removing, damaging, or destroying fire extinguishers, fire alarm boxes, smoke or heat detectors, emergency call boxes, and other safety equipment anywhere on University property; creating a fire, safety, or health hazard; or failure to respond to fire alarms, evacuate buildings during alarm activation, or respond to the directions of emergency personnel

Any behavior that disrupts or causes disruption of computer services; damages, alters, or destroys data or records; adversely affects computer software, programs, systems, or networks; or uses data, computer systems, or networks to devise or execute any scheme to defraud, deceive, extort, or wrongfully obtain money, property, or data

II. University Standards, Policies & Procedures

The following standards, policies, and procedures are designed to foster a climate in which students can succeed during their time at the University. All students are expected to familiarize themselves with these standards, policies, and procedures and adhere to them.

A. Academic Integrity

Both the University Bulletin and the Student Handbook outline the University’s expectations that all members of the University community are expected to be honest in their academic endeavors. Engaging in any form of academic dishonesty or other acts generally understood to be dishonest by faculty or students in an academic context subjects a student to academic and judicial action. For the full text of the academic integrity protocol, go to the Provost’s Web site and look for the link to Policies and Procedures.

B. ACCESS Card Policy

1. Card Use

The ACCESS card is Santa Clara University’s multipurpose photo identification card issued to each student. Beyond identification of student status, this card enables library circulation, facility access, and cashless purchasing. The card, related accounts, and access privileges are nontransferable. The individual-identified by the card is responsible for all usage of his or her card and is the only one authorized to present the card for services, access, or purchases. A student using a card that does not belong to him or her may have that card confiscated and may be referred to the Office of Student Life for -disciplinary action. The ACCESS Card Office is responsible for the issuance of all ACCESS cards and the maintenance of all card reader locations. If a card does not function -properly at any location, the card owner should seek assistance at the ACCESS Card Office.

2. Lost, Stolen Card, and Replacement Fees

The card owner is responsible for suspending any lost or stolen ACCESS card immediately 24 hours a day, seven days a week. The loss may be reported and the card suspended anytime online at www.scu.edu/access, in person at the ACCESS Card Office during business hours, or by phone at 408-551-1647. After hours, Campus Safety Services (open 24 hours a day) may be notified either in person or by phone at 408-554-4441. The card owner is responsible for all use of his or her card prior to the request for card suspension, whether it was made online, at the ACCESS Card Office, or at Campus Safety Services. If the suspension request is reported within 48 hours of the loss of the card, the card owner liability does not exceed $50 in unauthorized charges. If the suspension request is made within 60 days, the card owner liability does not exceed $500 in unauthorized charges. If the suspension request is not made within 60 business days of the loss, the liability to the card owner for unauthorized charges may be limited only to funds available on account. ACCESS cards damaged or defaced are no longer valid and must be replaced. A $15 fee is charged to replace a lost/stolen card or damaged card.

3. ACCESS Card Accounts

The card owner agrees to be bound by all account terms and conditions set forth in the ACCESS Card Agreement signed when the card is obtained. All ACCESS accounts are debit accounts, not credit accounts, and must maintain deposits sufficient to cover the cost of purchases. The card owner may review recent charges made to his or her account online at www.scu.edu/access and may request written statements of detailed account activity through the ACCESS Card Office. The ACCESS Card Office may disclose account -activity to a parent or benefactor only if written authorization is received from the card owner in advance.

4. Closing Accounts, Refunds, and Returns

All ACCESS Dining Plans are nonrefundable. ACCESS Resident Dining Plans are quarterly allocations that expire at 6 p.m. on the Friday following the last day of finals. At the end of the resident contract, the plan is closed and any unused balance is forfeited. ACCESS Dining Plus Plans expire at graduation or withdrawal from the University. Refunds of Flex Account -balances may be requested upon separation from SCU for a $10 processing fee. If a balance remains in a student’s University Bursar Account at the time of the refund request, that balance is deducted from the Flex Account before a refund is issued. An ACCESS Flex Account left inactive expires 18 months after the last day of a student’s enrollment with any remaining balance reverting to the University. Any returned purchase originally made on an ACCESS account is credited back to that account. There are no cash refunds or withdrawals from an active ACCESS card account. The card owner is charged $15 for any check submitted to the ACCESS Card Office that is subsequently returned by the bank. An ACCESS card may be suspended until the returned check is cleared.

A deficit balance created by an unresolved returned check may be charged to a card owner’s University Bursar Account.

5. Account Error Resolution

If an error is noticed on an ACCESS receipt or statement, the card owner should contact the ACCESS Card Office no later than 60 days after the error appears. If the report is made orally, a written confirmation may be required within 10 days. The investigation results should be available within 10 days of notification; if more time is needed, the investigation may take up to 45 days. If no error is found, a written explanation is provided within three business days after the close of the investigation. The card owner may request copies of the documents used in the investigation.

C. Alcoholic Beverage Policy

The Alcoholic Beverage Policy of Santa Clara University is based on the central and fundamental educational focus of the University to create an environment that fosters learning. The University believes in personal responsibility, moral growth and development, awareness of communal consequences of personal choices, obligation of citizenship, and responsible decision making. The University strives to build a community that is welcoming, hospitable, fair, inclusive, rooted in mutual understanding and appreciation, and respectful of diverse perspectives, traditions, and practices. Therefore, it is critical that the members of the University community are committed to the physical and emotional health and well-being of those who work, study, or congregate at the University. The policy serves as a guide and applies to all members of the campus community including students, parents, staff, faculty, alumni, and guests of the University.

The Alcoholic Beverage Policy is set in the context of the legal requirements governing the sale, consumption, and distribution of alcoholic beverages and in the context of community expectations for not only upholding the laws but also sharing responsibility for the safety and welfare of other members of the community. The University will not tolerate disregard for the law, or behaviors and practices that counter the education of the whole person, compromise rigorous and imaginative scholarship, inhibit moral and spiritual development, and constrain the University’s fundamental values. Consequently, the University does not condone underage drinking and considers intoxication, disorderliness, or offensive behavior deriving from the use of alcoholic beverages to be unacceptable, regardless of a person’s age or on-campus or off-campus status. To cultivate a campus environment consistent with the stated goals and purposes of an educational institution, the University has adopted the following policies and procedures for the use of alcoholic beverages:

1. Service of Alcohol

The service and consumption of alcoholic beverages on the University campus and at University-sponsored events off campus shall be done in compliance with applicable municipal, state, and federal laws and regulations, and in accordance with University policies and procedures. All persons on the University campus or at any University-sponsored event off campus where alcoholic beverages are being served or consumed are expected to abide by and respect all such laws, regulations, policies, and procedures. (Copies of applicable laws are available from the Office of Student Life. See the end of this section for a partial listing of laws.)

2. Events

Alcoholic beverages at events held on campus shall be supplied and sold only by the University food service provider or another designated, licensed agent of the University, except in situations covered by No. 5 of this policy. No other individual person or private party shall supply or sell alcoholic beverages at on-campus events or hold the license for the sale of alcoholic beverages on campus.

3. Location

Alcoholic beverages shall not be served or consumed in public areas of the University except at authorized University events. Public areas include all indoor and outdoor spaces on the campus except individual residences and private departmental work areas and offices.

4. Clubs & Recreation

Alcoholic beverages shall not be served or consumed at any University-sponsored intercollegiate or club sport athletic event or recreational sports activity.

5. Sponsorship

The sponsorship of events by alcoholic beverage companies or distributors is limited to cash donations, donated products (other than those that directly promote or advertise alcoholic beverages) in support of fundraising or other special events as approved by the appropriate vice president, vice provost, or dean; and materials for University educational programs. The use of donated products for events that are held in Benson Memorial Center must also be approved by the University liaison to the food -service contractor.

6. Age of Majority of Participants

Alcoholic beverages may be served at on-campus events sponsored by University-affiliated student organizations whose membership is pre-dominantly 21 years of age or older, provided that University operating funds are not used to purchase the alcohol for the event.

7. Alcohol Management Plan

The service of alcoholic beverages at all events on campus shall be in accordance with the Office of Student Life’s Alcohol Management Plan, which should be submitted and approved by the Vice Provost for Student Life or designee.

8. Addendum to Agreement

For student organization-sponsored events off campus that include the service of alcoholic beverages and that require University approval of the contract or agreement with the off-campus facility, an Addendum to Agreement must be signed by the service provider and received by the Vice Provost for Student Life or designee. (Copies of this addendum are available in the Center for Student Leadership.)

D. Responsible Hosting of Events Where Alcohol Is Served

The event manager for events where alcoholic beverages are served is responsible for implementing the following practices:

A University-affiliated student organization must identify an event -manager responsible for planning and managing the event. The event manager must be present throughout the entire event and must remain alcohol-free prior to and during the event. The event manager and the manager of the facility or his/her designee will work together to ensure that all University event planning requirements are met.

An appropriate crowd management and security plan shall be developed for the event to monitor excessive drinking, control disorderly behavior, and as appropriate, implement the Responsible Guest Policy.

The location used for the event should have controllable points of ingress and egress.

Alcoholic beverages should not be the primary focus of an event (i.e., -progressive drinking party, kegger, happy hour). Alcoholic beverages shall not be used as an inducement to participate in an event.

Promotions for the event shall not portray symbols of alcoholic beverage consumption (e.g., foaming mugs, cans, glasses, or kegs), shall not include any form of abusive consumption (drinking contests or competition), and shall not emphasize frequency or quantity of alcoholic beverage consumption.

Promotions for the event should state that “identification will be required.”

1. Partial Listings of Laws

California State Laws on Alcohol

1. It is a crime to sell, furnish, or give alcoholic beverages to a person under the age of 21 or to any obviously intoxicated person.

It is a crime for a person under the age of 21 to purchase or possess alcoholic beverages.

It is a crime to sell alcohol without a valid liquor license or permit.

It is a crime for any person to drink while driving, to have an open container of alcohol in a moving vehicle, or to drive under the influence of alcohol.

It is a crime to be intoxicated in a public place.

Intoxication is presumed at blood levels of .08 percent or higher, and may be found with blood alcohol levels from .05 percent to .08 percent.

2. Penalties for Drunk Driving Offenses

First offense: required attendance at an alcohol/drug program, fines of up to $1,000, up to six months in jail, and driver’s license suspension up to six months.

Second offense: fines up to $1,000, imprisonment up to one year, driver’s license suspension up to 18 months, and/or a required drug/alcohol program of up to 30 months.

Third offense: similar sanctions to Nos. 1 and 2 above plus revocation of -driver’s license.

Fourth offense: revocation of driver’s license; one year in a state prison or county jail.

Refusal to submit to a blood alcohol content test: driving privileges are suspended for one year, for two years if there is a prior offense within seven years, and for three years with three or more offenses within seven years.

Drivers under the age of 21 found with any measurable amount of blood alcohol will have their driver’s license suspended for one year. If the driver does not have a license, there will be a one-year delay in obtaining one.

3. University Sanctions

See “Minimum Judicial Sanctions for Alcohol and Other Drug Violations.”

E. Alcohol Policy Within the Residence Halls

Students of legal drinking age (21 years or older) may consume alcoholic beverages in the privacy of their own rooms in the residence halls and apartments, provided the space is not shared with an underage roommate. Regardless of age, excessive and inappropriate use of alcoholic beverages is strictly prohibited. Students hosting guests, (including fellow SCU students and non-SCU guests) are responsible for their guests’ adherence to the policy. Any person under the age of 21 who is in possession of alcohol or is in a room where alcohol is knowingly or unknowingly present will be assumed to have been consuming alcohol as it is difficult to determine who was drinking and who was not.

Possession and/or consumption of alcoholic beverages in public areas is prohibited. Public areas are all areas other than individual living spaces. Rooms with open doors, rooms with closed doors to which public attention is attracted by excessive noise, hallways, lounges, restrooms, and outdoor areas are considered public areas.

No kegs, beer bongs, or other equipment for the sole use of consuming alcohol, will be allowed in the residence halls or apartments. Empty alcohol containers and/or packaging within a student’s room will be considered the property of the student. A student and guests can be held in violation of the Alcohol Policy if empty containers and/or packaging are in their rooms.

F. Alcohol & Controlled Substance Violations: Parental Notification Policy

The Vice Provost for Student Life is responsible for determining if and by what means parents or legal guardians will be notified when students under the age of 21 are found to have committed serious or repeated violations of federal, state, or local law or University policies related to the possession, use, or -distribution of alcohol or a controlled substance. The Vice Provost for Student Life may assign the notification of parents or legal guardians to other University officials.

Notification of parents or legal guardians is indicated for violations of federal, state, or local laws, or for violations of any institutional policy regarding alcohol or controlled substances, in the event that these violations are also violations of the Student Conduct Code. Notification is also indicated in any of the -following circumstances:

• The violation involved harm or threat of harm to self, other persons, or property
• The violation involved an arrest in which the student was taken into custody
• The violation suggests a pattern of alcohol or controlled substance abuse
• The student who committed the violation required medical intervention or transport as a result of consumption of alcohol or a controlled substance
• The violation resulted in or could result in the student being disciplined by the University including but not limited to the minimum judicial sanctions for alcohol and other drug violations, housing contract -probation, housing contract cancellation, disciplinary probation, deferred suspension, suspension, or expulsion

The University supports students assuming personal responsibility and accountability for their actions as they learn to establish their independence. The University also recognizes that the process of establishing personal -independence requires support and, at times, assistance or intervention. In the appropriate circumstances, notification of parents or legal guardians can be a means of support in that transition. Consistent with this approach, the Vice Provost for Student Life or designee—whenever possible—will involve the -student in a discussion about the decision to notify his/her parents or legal guardian and will inform the student that notification will take place.

Nothing in these proposed guidelines shall prevent University officials from notifying parents or legal guardians of health or safety emergencies, regardless of the judicial status of the student.

G. Building Evacuation and Fire Safety

The following standards are for the safety of all resident and nonresident -students. Violation of many of these standards is also punishable by local and state law.

Evacuation for fire alarms is required of all occupants of University buildings whenever an alarm is sounded. Be familiar with emergency evacuation routes from buildings in which you spend time.

Specific procedures are:

• Exit the building immediately by the proper pathway.
• Lock your door and take your key if you are a resident and in your room at the time the alarm sounds.
• Use stairways, do not use the elevators.
• Once outside, move to your designated emergency assembly point.
• Do not return to an evacuated building until the all-clear signal is given by the designated incident commander.

Failure to evacuate for an alarm is a violation of city and state ordinances and will be treated as a serious violation of the Student Conduct Code. Fire alarms and fire-safety equipment are located in each building to save lives and property. Initiating a false alarm or tampering with fire-safety -equipment is a violation of University policy and Santa Clara City Ordinance Number 103.4. Violators face criminal prosecution with penalties of $1,000 and/or six months in jail, in addition to University sanctions.

H. Communicable-Diseases Policy

Communicable diseases may be a potential health problem for the University population. As with any community, students studying and functioning in close proximity to one another are susceptible to communicable diseases. Communicable diseases are transmitted from one person to another by direct contact, through inhalation of infectious droplets, or through contact with contaminated objects.

The Cowell Student Health Center provides evaluation, diagnosis, and -treatment of infectious disease. Educational materials are available at the Cowell Student Health Center and the Wellness Center.

One measure to prevent communicable diseases is to maintain appropriate immunizations/vaccinations. Santa Clara University encourages incoming -students to have completed all recommended immunizations and to be aware of the availability of the meningococcal and influenza vaccines.

Students diagnosed with certain communicable diseases, such as pandemic influenza, chicken pox, etc., must be isolated during the infectious period of their illness. Students who are isolated may not continue attending classes, obtaining meals in the various University dining facilities, or living in the residence halls. There is no provision made by the University for offering accommodations to contagious students who are required to leave the residence halls. However, depending upon the nature of the communicable disease, for example pandemic flu, the University may offer a limited number of accommodations for students with communicable diseases who live in a residence hall, may need to travel home, stay with local relatives or friends, or stay at a nearby hotel or motel. Off-campus housing and travel arrangements are made at the student’s expense.

Cowell Student Health Center routinely communicates and coordinates with the Santa Clara County Public Health Department. Should a communicable disease occur that requires campus wide notification and/or treatment, Cowell Student Health Center would coordinate this process with the Public Health Department as needed.

I. Computing Resources Policy

The Computing and other electronic resources at SCU are provided solely for the support of students and employees in the pursuit of their scholarly or required academic activities, and for conducting the business of the University. General guidelines for use of computing, communication, and electronic resources on campus are based upon principles of etiquette, fairness, and legality. In using these resources at SCU, community members are expected to be respectful of other individuals’ ability to enjoy equal access to the resources, refrain from malicious or annoying behavior, and abide by state and national laws, including those related to intellectual property and copyright. More details are available in the University’s Acceptable Use Policy, accessible from Information Technology.

J. Contraception Availability Policy Statement

Santa Clara University, a Catholic, Jesuit university, provides educational -information regarding contraception and related issues. The Cowell Student Health Center strives to ensure students have clear, up-to-date, and candid information regarding contraception, sexual health, and related issues. The Cowell Student Health Center does not provide condoms or prescribe contraception.

Cowell Student Health Center’s staff of qualified physicians, nurse practitioners, physician assistants, registered nurses, and health educators provide education regarding contraception and related health issues. The goal of this educational approach is not only to provide information but to assist students in clarifying their values, making decisions, and assuming personal and social responsibility for their choices.

K. Crime Reporting

The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) requires colleges and universities across the United States to disclose information about crime on and around their campuses. Go to www.scu.edu/cs for more information.

It is the policy of Santa Clara University that the campus community will be informed on a timely basis of all reports of crime and other information affecting the security of our campus and the personal safety of our students, faculty, staff, and guests. The Director of Campus Safety Services is responsible for gathering, recording, and disseminating such information and for decisions regarding the content, time, and manner of distribution. Depending on the circumstances, the Director of Campus Safety Services may request the assistance of various University departments and/or administrators in carrying out this responsibility. For campus statistics on crime, go to the Campus Safety website and follow the links to Campus Safety and Crime Reporting.

L. Death of a Parent or a Student

Students, faculty, or staff members who become aware of the death of a student, should notify Campus Safety Services at 408-554-4441 or the Office of Student Life at 408-554-4583 immediately. This applies during holiday periods as well.

When the parent of a student dies, the student, a friend of the student, or a faculty or staff member who is aware of the situation, should notify Campus Ministry at 408-554-4372. With the student’s permission, Campus Ministry staff will notify others in the University so that assistance can be offered to the student or the family. The Office of Student Life will notify faculty members of student deaths as appropriate.

M. Disabilities Resources

1. Access Policy

Santa Clara University seeks to respect each person’s dignity and desire for -personal growth and accomplishment and is committed to achieving equal -educational and employment opportunities for qualified persons with disabilities. No qualified person with a disability shall be excluded from participating in any University program, nor be denied benefits of any University program, or otherwise be subject to discrimination. The University will make every -reasonable effort to remove existing barriers, whether physical, programmatic, or attitudinal, and to ensure that new barriers are not erected. Santa Clara University is committed to providing access for qualified students with -disabilities, faculty, staff, and visitors to University programs. This policy is in line with the University’s nondiscrimination policy, which applies to all qualified participants with -disabilities in employment, access to facilities, student programs, activities, and services.

2. Resources

The Office of Disabilities Resources has been designated by the University to ensure access for all qualified students with disabilities to all academic -programs and University resources. Types of disabilities include medical, -physical, psychological, attention-deficit, and learning disabilities. Reasonable accommodations are provided to minimize the effects of a student’s disability and to maximize the potential for success. Disabilities Resources is located in Benson Center, second floor, room 216. Disabilities Resources is open Monday through Friday from 8 a.m. to 5 p.m.

N. Drug-Free Policies

It is the goal of Santa Clara University to maintain a drug-free workplace and campus. The unlawful manufacture, distribution, dispensation, possession, and/or use of controlled substances or the unlawful possession, use, or distribution of alcohol is prohibited on the Santa Clara University campus, in the workplace, or as part of any of the University’s activities. This includes the unlawful use of controlled substances or alcohol in the workplace even if it does not result in impaired job performance or in unacceptable conduct.

The unlawful presence of any controlled substance or alcohol in the workplace and campus itself is prohibited. The workplace and campus are presumed to include all Santa Clara premises where the activities of the University are conducted.

Violations will result in disciplinary action up to and including termination of employment for faculty and staff or expulsion of students. A disciplinary action may also include the completion of an appropriate rehabilitation program. Violations may also be referred to the appropriate authorities for prosecution.

The program information is distributed on an annual basis to all faculty, staff, and students. New staff employees are given a copy in New Employee Orientation. New faculty employees are given a copy at New Faculty Orientation. The program is reviewed at least biennially by the Office of Student Life, Affirmative Action Office, and the Department of Human Resources. Contact the Office of Student Life for a complete copy of the program.

O. Eating Disorders

Santa Clara University recognizes the prevalence of eating disorders, eating related problems, exercise obsession, and body-image concerns in students. Eating disorders affect student learning in numerous ways, including depleting students’ energy, distracting their attention, diminishing their intellectual resources, causing depression and social withdrawal, and adversely affecting the morale of students around them. The University is committed to educating the whole student and sees the student’s mind, body, character, and spirit as interrelated.

Our approach to students with potential eating disorders is to do a thorough medical and psychological evaluation. The medical and psychological staffs work as a team. If a student is determined to have an emerging or existing -eating disorder, the medical and psychological practitioners will recommend a treatment plan. In many cases these students benefit from brief psychological therapy at the SCU Counseling and Psychological Services (CAPS) combined with medical monitoring at Cowell Health Center.

Santa Clara University and Cowell Health Center do not have the expertise or the specialized comprehensive resources and extended time to treat students who present themselves or are referred for evaluation of severe eating disorders. This is particularly the case with students who resist treatment. Students with serious eating disorders may be referred to outside providers or treatment facilities when so doing is deemed necessary for appropriate medical management.

P. Eligibility Policy for Participation in Student Activities: Academic Standing and Discipline Status

Involvement outside the classroom provides significant opportunities to explore interests, develop skills and abilities, apply classroom learning in practical situations, gain professional experience, develop leadership competencies, and cultivate an appreciation of the diverse world in which we live. It also provides opportunities to meet new friends, participate in community service, work with others around shared goals and interests, and become peer mentors. Involvement, however, should not be at the expense of academic success. Those enrolled at Santa Clara University are college students before they are student leaders. As such, the University has adopted this policy to assist with the students’ academic success.

1. Conditions for Involvement

Students at Santa Clara University who are involved in student activities that are funded by the University (e.g., intercollegiate scholastic activities or intercollegiate athletic activities), and students who occupy a leadership position in organizations or associations recognized by the University, must fulfill the following conditions:

• Academic Standing: Student must be in good academic standing with the University. To be in good academic standing, an undergraduate student must normally be enrolled full time, maintain a cumulative grade point average of at least 2.0 based on all courses taken at Santa Clara, and must have completed at least a minimum number of units as specified in the Undergraduate Bulletin for acceptable progress toward a degree. Graduate students involved in student activities must meet the academic status requirements of their division, school, or program.
• Discipline Status: The student must be in good behavioral standing with the University. Students who are presently placed on disciplinary probation, interim suspension, deferred suspension, suspended, or expelled are not in good behavioral standing. Students on disciplinary probation are not allowed to hold leadership positions for any of the identified groups (see Affected Groups). Students on deferred suspension or suspension are not allowed to participate in co-curricular and intercollegiate activities.

2. Affected Groups & Restrictions Imposed

The following groups of students are affected:

• All officers and major leaders of the eight Chartered Student Organizations and all recognized student clubs and organizations. The terms “officer” and “major leader” will be defined by the Center for Student Leadership.
  • If the student is on disciplinary probation, the student is eligible to participate in the organization, but is not allowed to hold a leadership position.
  • If the student is on interim suspension, deferred suspension, suspended, or expelled, then the student is not eligible to participate in the organization.
• Members of the Residential Learning Community association.
  • If the student is on disciplinary probation, the student is eligible to participate in the organization, but is not allowed to hold a leadership position
  • If the student is on interim suspension, deferred suspension, suspended, or expelled, then the student is not eligible to participate in the organization
• Members of the University’s intercollegiate (including practice squad members) and club athletic teams.
  • If the student is on disciplinary probation, the student is eligible to practice with the team, but is not allowed to compete.
  • If the student is on interim suspension, deferred suspension, suspended, or expelled, then the student is not eligible to be a member of the team.
• Members of the University’s intercollegiate debate team.
  • If the student is on disciplinary probation, the student is eligible to practice with the team, but is not allowed to compete.
  • If the student is on interim suspension, deferred suspension, suspended, or expelled, then the student is not eligible to be a member of the team.
• Members of the Emergency Medical Service.
  • If the student is on disciplinary probation, interim suspension, deferred suspension, suspended, or expelled, then the student is not eligible to participate in the organization.
• Students who apply to study abroad or are admitted to a study abroad program.
  • If the student is on disciplinary probation, interim suspension, deferred suspension, suspended, or expelled, then the student is not eligible to apply to study abroad or participate in the program.
• Students who are involved in the broad range of artistic performances on campus, including but not limited to auditions, recitals, and theatre productions.
  • If the student is on disciplinary probation, interim suspension, deferred suspension, suspended, or expelled, then the student is not eligible participate in the program.
• Students involved in other organizations and activities that the University Policy Committee on Student Affairs shall periodically recommend to the University administration and that shall be so declared by the University administration.

As a result of their participation in any of the above activities, the financial aid of students who may be receiving aid from the University will be affected, according to the policy defined in the current Limitations on Financial Aid Eligibility: Undergraduates published by Financial Aid and the Financial Aid Qualification detailed in the Undergraduate Bulletin. Nothing in the above shall prohibit any department or division in the University or the advisor(s) of any regulated student activity from setting their own higher standards.

Q. Medical Marijuana Policy

Santa Clara University does not permit the use of marijuana for any purpose on University property. Students who qualify under California Proposition 215 to use marijuana for medical purposes are not permitted to possess, store, -provide, or use the marijuana on University-owned or controlled property (including but not limited to residence halls, academic buildings, athletic -facilities, and parking lots), or during a University-sanctioned activity -regardless of the location. Students who violate this policy are in violation of the Student Conduct Code and are subject to disciplinary action.

R. Policy for Withdrawal for Health Reasons

Students may experience an illness, injury, or psychological condition, herein referred to as a health condition, which significantly impairs their ability to function successfully or safely in their roles as students. In these instances, time away from the University for treatment and recovery can restore functioning to a level that will enable them to return to the University.

The Vice Provost for Student Life or designee, in consultation with the appropriate mental and medical health professionals and other staff as deemed necessary, is responsible for the implementation of this policy.

Contact the Office of Student Life for a copy of the entire Policy for Withdrawal for Health Reasons or go to the website.

S. Posting Printed Material & Chalking

The University policy on posting printed material and chalking applies to all printed materials on mini A-frames, bulletin boards, and display cases in Benson Memorial Center; bulletin boards in the residence halls; and -chalking on campus grounds. Materials may be placed on bulletin boards inside academic or administrative buildings subject to the approval of the office with administrative jurisdiction over the area. Officially registered -student organizations, -academic departments, administrative offices, and -faculty and staff groups may post written information concerning programs or activities sponsored by Santa Clara University or one of its groups. Off-campus groups and individuals may post written material concerning their events, goods, and services in designated areas within the Benson Memorial Center. All posting and chalking on campus, whether by a University-affiliated group, an off-campus organization, or an individual, must comply with University regulations and any applicable municipal, state, and federal laws.

1. Approval

Printed material for posting in Benson Memorial Center must be approved at the center’s Information Desk. Printed material for residence halls must be approved by the Residence Life Office (Benson Center, Room 212) or by the -resident director of the building. Posting for all events where alcohol will be served must also be approved by the facility manager for the event (see “Alcoholic Beverage Policy”). The appropriate staff will do all posting.

2. Content

All printed material and chalk messages posted by University organizations must contain the name of the sponsoring organization and words SCU or Santa Clara University in the description of the event. Printed material posted by off-campus organizations or individuals must contain the name, telephone number, and address of a contact person. Printed material posted on campus and chalk messages may not be libelous, slanderous, obscene, or incite -violence.

Printed material publicizing an event covered by the Speakers Policy must contain the following statement: The presence of a guest speaker on the campus of Santa Clara University does not necessarily imply approval or endorsement by the University of the views expressed by the guest speaker or by anyone else present at the event.

Printed material publicizing all events on campus must contain the following statement: In compliance with the ADA/504 please direct your accommodation requests to [name of the sponsor/ organizer/ coordinator responsible for the event] at [phone number of the sponsor/ organizer/ coordinator of the event].

3. Size

Printed material placed on the bulletin boards in the Benson Memorial Center may be no larger than 12 inches by 24 inches. Printed material on mini A‑frames may be no larger than 30 inches by 36 inches. Printed material placed on bulletin boards in residence halls may be no larger than 11 inches by 14 inches. Balcony banners in Benson Memorial Center may not be larger than 6 feet long by 3 feet wide.

4. Location

Printed material and chalk messages may be placed only in approved areas of campus. Printed materials may not be placed over other posters or fliers, and no more than one poster/flier per event per bulletin board is allowed. Posting on light poles, trees, floors, ceilings, elevators, planter boxes, and on exterior walls and other building surfaces, is prohibited and such items will be removed; the responsible group or individual may be subject to a removal and/or cleanup charge.

Printed material may be placed on the bulletin boards in the Benson Memorial Center and on the bulletin boards in residence halls, subject to the limitations (e.g., rental housing, buying and selling of goods and services, carpooling and riding arrangements) for specific bulletin boards and kiosks. All employment-related information must be posted by the Career Center on the designated employment bulletin board(s).

Printed material pertaining to University-sponsored events may be placed on mini A-frames available through the Event Planning Office by officially registered student organizations, academic departments, administrative offices, and faculty and staff groups. Mini A-frames may be placed on the paved sidewalk areas in and around the residence halls, on the east plaza of Benson Memorial Center, and on the paved sidewalk areas immediately adjacent to Benson Memorial Center.

Banners pertaining to University-sponsored events may be placed on the balcony areas of Benson Memorial Center by officially registered student organizations.

Chalk messages pertaining to University-sponsored events may be placed in the designated areas by officially registered student organizations, University offices, academic departments, administrative offices, and faculty and staff groups. Chalk messages, using water-soluble chalk, may be placed on paved sidewalk areas in and around residence halls, on the east plaza of Benson Memorial Center, on the west porch of Benson Memorial Center, and on paved sidewalk areas immediately adjacent to the Benson Memorial Center. Chalk messages on sidewalks in other campus locations, on outdoor stairs and ramps, on planter boxes, on fountains, on walls, on the brick walkways adjacent to the learning commons and on other ground and building surfaces are prohibited.

5. Time

Printed material on the bulletin boards, display cases, and banners in Benson Memorial Center and on the bulletin boards in residence halls may be posted for a maximum of two weeks. Printed materials on mini A-frames and chalk messages may be posted a maximum of one week. All printed material, banners, and chalk messages must be removed within 24 hours following the event by the group responsible for the event. Failure to remove such materials within that time frame may subject the responsible group or individual to a removal and/or cleanup charge.

6. Violations

Violation of any of the provisions of this policy will result in the removal of the printed material or chalk message. In addition, the responsible group or individual may be subject to appropriate University sanctions and/or legal action by the University.

7. Posting Within the Residence Halls

Posting in the residence halls is permitted. All posters and flyers must be approved by the Residence Life Office (Benson Center, Room 212). To ensure that posters are not placed on walls, doors, or windows, all posters will be hung by staff members of the Offices of Housing and Residence Life.

Hanging banners, posters, and stickers on the exterior of a residence hall or apartment is expressly prohibited.

T. Pregnancy Resources

While attending Santa Clara University, a student may be pregnant, desire assistance for another student who is, or just need someone to talk with about issues and options. In keeping with its mission as a Jesuit and Catholic university, Santa Clara is committed to offering students resources that support the choice of life. For these reasons, the University makes every effort to provide any student who should become pregnant with a supportive environment that assures caring, non-judgmental, professional assistance and support.

A student who becomes pregnant while attending Santa Clara University may elect to stay at the University during pregnancy if she wishes. The University community will do its best to accommodate a student’s needs and concerns regarding classes, housing, and personal counseling during and after the pregnancy.

The focus of the University is to provide a comprehensive team that emphasizes support and personal respect. If you are pregnant, or if you know someone who is pregnant, the following support services are resources that are available here at SCU and in the local community. Please feel free to contact any of the individuals or offices listed. All consultations will be handled confidentially.

Health Services
Cowell Student Health Center
Peggie Robinson, Clinic Manager
408-554-4501

Health Educator
Wellness Center
408-554-4409

Counseling Services
Counseling and Psychological Services (CAPS)
Dr. Larry Wolfe, Director
408-554-4172

Campus Ministry
Jack Treacy, S.J., Director, Campus Ministry
408-554-4372

Housing and Residence Life
Heather Dumas-Dyer, Director of Residence Life
408-554-4900

Off-Campus Resources
Community Pregnancy Centers
408-978-9310 www.mycpc.org

National Nurturing Network
1-800-TNN-4MOM
www.nurturingnetwork.org

U. Prevention of Discrimination & Harrassment

Santa Clara University prohibits discrimination and harassment on the basis of race, color, religious creed, sex, gender, sexual orientation, religion, marital status, registered domestic partner status, veteran status, age, national origin or ancestry, physical or mental disability, medical condition including genetic characteristics, or any other consideration made unlawful by federal, state, or local laws in the administration of its educational policies, admissions policies, scholarships and loan programs, athletics, or employment-related policies, -programs, and activities; or other University-administered policies, programs, and activities.

Additionally, it is the University’s policy that there shall be no discrimination or retaliation against employees or students who raise issues of discrimination or potential discrimination or who participate in the investigation of such issues. The University will provide reasonable accommodations for the known physical or mental limitations of an otherwise qualified individual with a -disability under the law.

Inquiries regarding equal opportunity policies, the filing of grievances, or requests for a copy of the grievance procedures covering discrimination and harassment complaints should be directed to Deborah Hirsch EEO/Diversity Director, Loyola Hall, Second Floor, Santa Clara, CA 95053, 408-554-4113. Students should contact the Office of Student Life, Benson Center, Room 205 for information about discrimination and harassment complaints involving other students.

V. Sexual Assault Reporting Protocol

Santa Clara University seeks to provide a consistent, caring, and timely response when sexual assaults occur within the University community. The University prohibits any nonconsensual physical contact of a sexual nature, including sexual assault and sexual misconduct. The following procedures were created to:

• Facilitate the recovery of a sexual assault victim by providing prompt and compassionate support services
• Create a campus environment that both expedites and encourages the prompt reporting of sexual assaults against students
• Facilitate the apprehension of assailants when such assaults are committed and/or process cases through the campus judicial system
• Establish and cultivate a climate of community involvement in sexual assault -prevention
• Increase the safety of the campus community
• Ensure accurate reporting of crime statistics

Students are encouraged to report all instances of sexual assault and sexual misconduct. Victims/complainants who have engaged in alcohol or other drug use at the time of the assault will not be subject to disciplinary action for such use. Every effort will be made to ensure that students are informed of rights and resources, including options for reporting through the university or the appropriate police department.

Faculty and staff, including students who serve as Community Facilitators and Assistant Resident Directors for Residence Life, who have significant responsibility for student and campus activities are required to inform Campus Safety Services or the Office of Student Life of incidents of sexual assaults reported by students. The University seeks to provide accurate and timely information to the campus community related to public safety. Faculty and staff are encouraged to consult with the Office of Student Life about accessing campus resources to support student victims. Faculty and staff who are clergy or licensed counselors and students who are members of 1 in 4, Every 2 Minutes, or are Peer Health Educators and are interacting with students in that capacity are not required to inform the Office of Student Life or Campus Safety Services of incidents of sexual assaults reported by students, unless there is a statutory duty to report. Staff, faculty, and students who are not mandated reporters, are encouraged to report the instance to the Office of Student Life if and when they deem it appropriate without identifying the victim for the explicit purpose of ensuring the accurate reporting of crime statistics. In such instances, the report of the incident will be included in the University’s Annual Disclosure of Crime Statistics.

1. Sexual Assault Reporting Protocol for Student Victims

If you are the victim of an assault, your personal safety is most important. Go to a safe place if you are somewhere you do not feel comfortable. Tell someone what has occurred. Try to be as specific as possible. This account could corroborate your account if you decide you want to report the assault.

The following guidelines do not need to be followed in the order they appear:

2. Academic and Living Accommodations

The Office of Student Life, located in Benson Center, Room 205, or at 408-554-4583, can assist you by informing you of your rights, resources, reporting options, and the university judicial process. They can also assist with academic and living accommodations, schedule an interview with Campus Safety, connect you with Campus Advocate, and begin judicial proceedings. More detailed information about University and local resources are available through the Office of Student Life.

3. Advocacy and Crisis Counseling

• Seek out the support of family, friends, and/or a counselor.
• Call the YWCA Rape Crisis Hotline at 408-287-3000. Counselors on the hotline are trained to help rape victims and offer support and information about legal, medical, and mental health resources.
• Make an appointment at Counseling and Psychological Services, located in Cowell Health Center, by calling 408-554-4172. If you do not want to wait, you can request to see the on-call counselor for the day. Except in cases when students are under the age of 18, Counseling and Psychological Services are not required to report incidents of rape.
• Connect with a Campus Advocate. Campus Safety Services or the Office of Student Life can connect you to a Campus Advocate who can support you through University-related matters, including reporting and the hearing process.

4. Physical Health

Get medical attention. You are the victim of an assault and should be examined by a doctor as soon as possible for injuries you may not be able to see. You might also want to preserve evidence this way. Under certain circumstances, medical health care providers are required to report crimes such as sexual assault to the police.

Go to Valley Medical Center (VMC) for an evidence exam. VMC is the forensic -medical facility in the area. If you want to have an evidence exam conducted, go to the emergency room and tell them you have been sexually assaulted. Call Campus Safety Services at 408-554-4441 to arrange for transportation at no cost.

You can have a medical-only (non-evidence) exam to treat cuts, infections, and internal injuries. It is important to know that you will lose the opportunity to collect evidence at this time. Before making this decision, consider talking to a rape crisis counselor through the YWCA Rape Crisis Hotline at 408‑287‑3000.

Cowell Health Center can offer pregnancy, STD testing, or baseline HIV testing. They do not prescribe emergency contraception and do not collect evidence.

5. Preserve Evidence

Do what you can to preserve any evidence, even if you are not certain you want to file a report with the police department or the university. Preserving evidence now will give you the options should you decide to report later. It is best for any physical evidence to be collected within the first 24 hours.

If you can avoid it, do not wash your face or hands, bathe, brush your teeth, drink or eat, douche, or change clothes. If you must change your clothes, place each garment in a separate paper (not plastic) bag.

6. Reporting Options

If you decide to report, you will be asked to give a detailed account of what has occurred. This can be a difficult process and you are encouraged to bring a friend or advocate for support. YWCA advocates can support you with off-campus proceedings and Campus Advocates can assist you with on-campus proceedings.

7. Filing a Police Report

Call 911 for immediate response, or call the police department in the city where the assault occurred. If the assault occurred in the city of Santa Clara, contact the Santa Clara Police Department (SCPD), located at 601 El Camino Real or call 408-615-4700. An officer can meet you at your residence or somewhere else on campus such as Campus Safety. As a part of the SCPD investigation, you may be examined by a physician.

Reporting to the police does not necessarily mean prosecution will occur. If you do not want to call the police, call a friend to take you to a hospital or health center for referral.

8. Filing a University Report

You can begin the process for filing a report through any of the following departments:

• Call Campus Safety Services at 408-554-4444 to file a report involving another student, even if the assault occurred off campus. Campus Safety can also connect you to the appropriate police department to file a report. Under certain circumstances, Campus Safety may be obligated to report crimes such as sexual assault to the police.
• Go to the Office of Student Life in Benson Center, Room 205, or schedule an appointment about “student misconduct” by calling 408-554-4583. If the assault was committed by another student, the Office of Student Life can schedule an interview with Campus Safety, introduce you to a Campus Advocate who can -support you through the process, and begin University judicial proceedings.
• If the assailant is a staff or faculty member, report the incident to the Office of Affirmative Action, located in Loyola Hall or at 408-554-4178. Faculty/staff should report any assault committed by another member of the University community to the Office of Affirmative Action, not the Office of Student Life.

9. University Response to Sexual Assault and Sexual Misconduct

As authorized by the Board of Trustees and the University president, the Vice Provost for Student Life or designee will adjudicate a charge of sexual -misconduct or assault under the Student Conduct Code, Section 7: Nonconsensual physical contact of a sexual nature such as sexual misconduct, sexual assault, and rape. The University’s definitions of sexual assault and -sexual misconduct are explained in this section and are the standards by which the University holds its students accountable. The University reserves the right to review all student conduct that occurs on and off campus when such behavior is inconsistent with the Student Conduct Code.

Violations of the Student Conduct Code do not necessarily constitute violations of the law and vice versa. A report of sexual assault or sexual misconduct filed with the university is evaluated according to University standards through a University process and is separate from a criminal investigation.

Disciplinary sanctions for findings of sexual misconduct or assault will be imposed regardless of whether the nonconsensual sexual activity was preceded or followed by consensual sexual activity.

The use of alcohol or other drugs can blur the distinction between consensual and nonconsensual sexual activity. If the accused person knew or reasonably should have known that the victim was incapable of providing consent due to the use alcohol or another drug, the accused person is in violation. The accused person’s use of alcohol or other drugs does not diminish his or her responsibility for committing the sexual misbehavior.

10. Definitions

Consent means mutually understandable words or actions that demonstrate a voluntary agreement to engage in mutually agreed-upon sexual activity. Consent must be informed, active, and freely given. Consent is invalidated when it is forced, coerced, or nullified by a person’s incapacitation. Nonaction as a response does not constitute active or affirmative consent.

In reviewing a report of sexual misconduct or assault, consent is a critical factor in determining whether there is a violation of Section 7 of the Student Conduct Code. It is the responsibility of individuals to engage only in mutually agreed upon sexual activity and it is the responsibility of the person initiating sexual activity to obtain consent.

Act referenced in the terms below, includes but is not limited to sexual intercourse, sodomy or sexual penetration with an inanimate object, the touching of a person’s intimate parts (defined as genitalia, groin, breast, or buttocks, or clothing covering them), or compelling a person to touch his or her own, or another person’s intimate parts without consent.

Coercion means compelling another person to do something through emotional or physical pressure, threats, or other forms of intimidation. Real or perceived power differentials between individuals also may create an atmosphere of coercion that can significantly impair the ability to consent.

Sexual Assault occurs when the act is intentional and is committed by a) physical force, violence, threat, or intimidation; b) ignoring the objections of another person; c) causing another’s intoxication or impairment through the use of drugs or alcohol; or d) taking advantage of another person’s incapacitation, state of intimidation, helplessness, or other inability to consent.

Sexual Misconduct occurs when the act is committed without intent to harm another and where, by failing to correctly assess the circumstances, a -person believes unreasonably that consent was given without having met his/her responsibility to obtain consent. Situations involving physical force, violence, threat, or intimidation fall under the definition of sexual assault, not sexual misconduct, and will be treated as such. Sexual misconduct or assault can occur between people of different genders or of the same gender. In some cases, consensual sexual activity occurs before an assault or after an assault.

W. Sexually Transmitted Infections

Santa Clara University, a Catholic, Jesuit university, is aware that sexually -transmitted infections are a potential health problem for the entire population. Santa Clara University and the Cowell Student Health Center provide educational opportunities about the transmission and prevention of sexually transmitted infections. These educational opportunities are provided with consideration of confidentiality, sensitivity, and compassion. Educational programs address medical information, issues of prevention, and the social, psychological, spiritual, and legal ramifications related to sexually transmitted infections.

The Cowell Student Health Center provides confidential appointments with physicians, nurse practitioners, physician assistants, and registered nurses regarding sexual health issues. These appointments may include evaluation, testing, and treatment of sexually transmitted infections.

X. Smoking Policy

The purpose of the smoking policy is to promote and foster the health, -comfort, and safety of all members of the Santa Clara University community.

Santa Clara University, in compliance with the City of Santa Clara Ordinance No. 1654, has adopted a nonsmoking policy. Smoking is prohibited at all times in all University facilities that house offices, work areas, classrooms, or residence rooms. Members of the community who choose to smoke must maintain a distance of 25 feet from any building openings (doors, windows, air intakes).

Y. Solicitation Polity

In order to protect students’ right to privacy, and to maintain and promote efficient operations, the University has established rules applicable to all -students, faculty, and staff that govern solicitation, distribution of written material, and entry into premises and work areas. (Staff members are also directed to Staff Policy 308: Solicitation and Distribution.)

Solicitation that is prohibited includes, but is not limited to, selling products or services, door-to-door collections or campaigning, flier delivery or posting of materials in facilities owned, operated, or controlled by SCU, including kiosks, light poles, and in parking lots. Solicitors or tradespeople, including those who may be Santa Clara University students, faculty, or staff, are -prohibited from entering the residence halls for the purpose of transacting business and should be reported immediately to the Event Planning Office, Campus Safety, and/or the residence hall service desk.

Z. Speakers Policy

The purpose of this policy is to assure the right of free expression and exchange of ideas, to minimize conflict between the exercise of that right and the rights of others in the effective use of University facilities, and to minimize possible interference with the University’s responsibilities as an educational institution.

The time, place, and manner of exercising speech on campus are subject to regulations adopted by the University administration. Orderly conduct, noninterference with University functions or activities, and identification of sponsoring groups or individuals are required. Outdoor sound amplification will be permitted only with explicit approval of the Vice Provost for Student Life or designee. (Refer to “Amplification of Sound.”)

Members of the faculty, academic departments, staff, administrative offices, or student organizations registered by authorized student government bodies may invite non-University speakers to address meetings on campus. Student groups that have not been registered by authorized student government bodies may not invite non-University speakers to address meetings on campus. If there would likely be extensive public notice or controversy associated with the presence of any speaker on campus, prior notice should be given to the head of the Office of Marketing and Communications in the case of likely inquiries from external constituencies of the University or media; and to the Director of Campus Safety Services in the case of possible protest or disruption. Except for unusual circumstances, the notice should be at least one week before the meeting or event is to occur.

The presence of a guest speaker on the campus of Santa Clara University does not necessarily imply approval or endorsement by the University of the views expressed by the guest speaker or by anyone else present at the event.

The person or organization sponsoring a speaker around whom there would likely be extensive public notice or controversy is responsible for including the above statement in its advertisement, announcements, and news releases. If deemed appropriate, the University administration may also require the above statement be read at the beginning of the event.

Whenever the University administration considers it appropriate in furtherance of educational objectives, it may require either or both of the following:

• That the meeting be chaired by a person approved by the University administration
• Any invitation to a non-University speaker extended by a registered student organization, member of the faculty, staff, academic department, or administrative department may be rescinded only if the President, or his authorized designee, determines, after appropriate inquiry, that the proposed speech will constitute a clear and present danger to the orderly operation or peaceful conduct of campus activities by the speaker’s advocacy of such actions as:
  • Willful damage or destruction, or seizure of University buildings or other property
  • Disruption or impairment of, or interference with, classes or other University activities
  • Physical harm, coercion, intimidation, or other invasion of the rights of University students, faculty, staff, or guests
  • Violation of law
  • Other disorder of a violent or seriously disruptive nature

1. Student Events, Activities, and Organizations

The Catholic, Jesuit character of the University is defined by both spiritual and moral values that arise from Scripture, are rooted in the teachings of the Church and the Society of Jesus, and are consistent with human wisdom. These values, which center on the themes of creation, covenant, and community, include the equality and inalienable dignity of all persons; the recognition that human life is life in community and that human beings develop, not in isolation, but in interactions with others, interactions characterized by respect for self and others, justice, love, compassion, and truthfulness; an individual and societal commitment to ensure that at least minimum conditions of human dignity are met for all; the acknowledgment that those members of society with the greatest need require the greatest response; and the understanding that all persons have a right and a corresponding responsibility to be active and productive participants in the life of the community.

As a Catholic, Jesuit institution, the University has both the opportunity and responsibility to teach and to advance the religious and theological tenets upon which it is founded. Just as the very nature of religious belief requires free, uncoerced assent, so, too, the nature of “University” requires a respect for evidence, for investigation, for discovery, and for reason.

We are best served by an educational experience enriched by exposure to differing, and, indeed, to antithetical, opinion. Debating of “uncomfortable” ideas or points of view ought not to be shunned just because it is uncomfort-able, for it may stimulate us to think and to think seriously. Thoughtful dialogue in search of truth leads to critical thinking, informed learning, and an honest exchange of facts, beliefs, and points of view. The belief system allowed to go untested is likely to be found weakest in the face of argumentative challenge.

The University has previously recognized this view of education in its -mission and goals statement (see following excerpt).

The University is dedicated to:

• The continuing development of a community of highly qualified scholars, teachers, students, and administrators committed to an uncompromising standard of academic excellence; providing an education that, in its emphasis on undergraduate education and in its pursuit of selected high‑quality graduate and professional programs consonant with such an education, stresses the development of both moral and intellectual values, an education of the whole person, an education constantly seeking to answer not only “what is” but “what should be.”
• The continuing development of an academic community informed by Catholic principles, a community offering its members the opportunity of worship and for deepening their religious commitment, yet a community enriched by men and women of diverse social, racial, ideological, and -religious backgrounds, a community opposed to narrow indoctrination or proselytizing of any sort, a community wherein freedom of inquiry and freedom of expression enjoy the highest priorities.
• The continuing development of an academic community in which -students, teachers, and staff dedicated to the ideals of academic freedom and united in pursuit of truth are actively involved in formulating and in implementing University policies. Because as a university we remain irrevocably committed to intellectual discourse, we acknowledge, affirm, and defend the right of every member of the campus community to freedom of expression, freedom of association, and freedom of exercise of faith in accordance with the University’s stated mission and goals. (A full list of University policies is included in the table of contents of the Student Handbook.)

2. Expressive Activity Regulations on the Campus of Santa Clara University - Introduction

Santa Clara University is operated as a privately owned institution of higher education. It has not been dedicated to public uses. The University’s sole purpose is and shall remain that of an institution of higher learning providing an education to its students, which includes encouraging the free exchange of ideas for the purpose of developing knowledge and pursuing truth. The University recognizes and supports the rights of free expression. In view of the University’s responsibility to promote free expression, the campus is open, but only to University affiliates (students, faculty, staff, or organizations, departments, or offices affiliated with them), for the purpose of freedom of speech and related expressive activity, subject to the time, place, and manner regulations indicated below. The right of free expression includes, but is not limited to, the right to peaceful dissent, protests in peaceable assembly, and orderly demonstrations such as picketing and the -distribution of leaflets.

3. Purpose and Regulations

The purpose of these time, place, and manner regulations is to guarantee the right of free expression; ensure the safety of students, faculty, and staff; advance the academic mission of the University; and protect the property rights of the University. No person shall engage in expressive activity, conduct, or behavior that -disrupts the normal or essential operations of the University, including but not limited to classes, residence hall quiet hours, University business, liturgical -celebrations, or other scheduled University functions. Nor shall persons engaged in an expressive activity engage in any conduct or behavior that potentially poses a threat to the safety, welfare, and/or property of the University, its students, faculty, or staff. The Vice Provost for Student Life, in consultation with the Director of Campus Safety Services and the Director of University Event Planning, will determine whether the activity, conduct, or behavior poses an imminent threat and so may be cancelled, postponed, moved, or terminated.

4. Notification

University affiliates wishing to use the University for purposes of engaging in expressive activity must notify the Event Planning Office, in writing, if they anticipate that 25 or more people will attend and/or participate. Notification must include the name, address, telephone number, and signature of the event organizer(s) as well as the intended topic, nature, time, location, and anticipated attendance. Notification is not required for the normal, regularly scheduled, or otherwise routine or essential activities of the University, such as classes, liturgical celebrations, etc.

5. Reservations

The purpose of a reservation is to assist with communication between those planning the activity and the Event Planning Office and to ensure that adequate services are available for the event. A reservation will secure the appropriate venue for an expressive activity. When reservations are made for an expressive activity event, the following information may be collected: the name, address, telephone number, signature of the event organizer(s), the intended topic, nature, location, and anticipated attendance at the event.

The Event Planning Office can suggest venues that are most appropriate for the event. In order to ensure equal access to the many groups wanting to use the University for events, there may be times when limits on the length of time that a venue can be reserved by a single group will be imposed.

6. Mission Church

The Mission Church, including the area bounded by the walkways on each of the four sides of the Mission Church, is an operating Roman Catholic Church. As such, the Mission Church is used exclusively for liturgical celebrations and certain University functions approved by the rector of the Jesuit Community or the president of the University. It is not a permissible location for expressive activity.

7. Clean-up of Property

Each person engaged in expressive activity shall be responsible for cleaning up any debris or garbage occasioned by his or her activity, including picking up and properly disposing of any handbills, fliers, or other material distributed as a part of such activity. Failure to provide adequate clean up may result in clean up costs being charged to the event organizer(s).

8. Appeals Process

In the event that an event organizer(s) feels that their rights to expressive activity have been violated, they shall have the right to appeal in the following manner:

The appeal shall be in writing and should state with specificity how their rights have been violated.

The appeal shall be filed within five business days of the occurrence.

Appeals related to expressive activity sponsored by students shall be filed with the Vice Provost for Student Life. The Vice Provost for Student Life will consult with a student member of the University Policy Committee for Student Affairs in reviewing the request for appeal.

Appeals related to expressive activity sponsored by faculty shall be filed with the Provost.

Appeals related to expressive activity sponsored by staff shall be filed with the Assistant Vice President of Human Resources.

The appropriate official (see Nos. 3–5 above) shall review the information submitted and shall provide a written determination as to the merits of the appeal within five business days.

The event organizer(s) may then appeal any adverse decision to the University President in writing, within five business days.

The University President shall render a final decision regarding the expressive activity and shall provide the event organizer(s) with written notification of this decision within five business days.

AA. Student Organizations

1. Registration

Students are free to organize and to join associations whose stated purposes are consistent with the University mission and its Catholic, Jesuit character. All student organizations seeking eligibility for University benefits must be -registered with the University and must follow the procedures listed below. Registration of a student organization carries with it certain rights and responsibilities. Registered groups, like registered students, can be held accountable to the standards and norms of conduct and civility that help constitute a Catholic, Jesuit campus community. Registering a group says to those who belong to it that their contribution is viewed as part of the overall educational mission of the institution and that the students must continue to strive to be faithful to that mission. Rightly understood, however, registration of a student organization does not of itself imply an institution’s endorsement of particular stands the group may take.

The following are guidelines for the registration of student organizations:

With the exception of chartered student organizations (i.e., Associated Students of Santa Clara University (ASSCU), Santa Clara Community Action Program (SCCAP), Activities Programming Board, Multicultural Center, student media), Santa Clara University delegates responsibility for the registration of student organizations as follows:

• All undergraduate student organizations seeking eligibility for University benefits are required to be registered by the ASSCU Senate. Visit the ASSCU Club Registration Web site (www.scu.edu/clubs) for specific registration information.
• Graduate school student organizations seeking eligibility for University benefits are required to be registered by their school’s student government. Registration can also be withdrawn by the action of the appropriate student government. See appropriate graduate student organization bylaws for registration procedures.
• The criteria for becoming a chartered student organization are -available in the Center for Student Leadership.

Registration and eligibility for University benefits shall be neither withheld nor denied on the basis of race, color, religion, gender, sexual orientation, disability, national and/or ethnic origin, age, or any other consideration made unlawful by federal, state, or local laws.

The University administration reserves the right to review such decisions, offer guidance on them, and even intervene when necessary if the educational values and mission of the University appear to be undermined. Since Santa Clara seeks to encourage the exercise of responsible freedom, however, student representatives should be allowed the greatest possible discretion in making these judgments.

Disputes, challenges, and exceptions to the above registration policies shall be presented to the Student Activities Advisory Board (SAAB) Committee for conduct and grievance.

Registration of student organizations in no way implies that the University endorses positions or points of view espoused privately or publicly by the organization and the student organization should represent itself in ways that make this point clear.

All student organizations seeking registration shall at the time they apply to be registered meet the following criteria and agree to the following rights and responsibilities.

Clarification and interpretation of the above guidelines will be provided as needed by the Vice Provost for Student Life or designee.

2. Rights

• Use of the University name in association with the organization in the manner designated by the institution
• Use of University facilities, at no charge or at reduced charge
• Ability to solicit membership on campus
• The opportunity to sponsor events, programs, fundraising, and guest speakers in accordance with the University Speakers Policy
• Permission to sell tickets at the Benson Memorial Center Information Desk
• Eligibility to request student activity funding from appropriate sources
• Access to campus services, leadership programs, the expertise of a faculty or staff advisor, representation by the respective student government, and the advice and counsel from the appropriate administrative office
• Use of campus bulletin boards and other designated posting areas, and other communication resources on campus

3. Responsibilities

• The student organization shall be reviewed for compliance of their activities with their constitution, shall have a constitution that states the purpose and goals of the organization and how they are consistent and compatible with the mission and goals of the institution and its Catholic, Jesuit character. Any changes in a student organization’s constitution related to the purpose of the organization will require review of the organization’s registration status.
• The constitution and other registration materials should include a statement with respect to the organization’s affiliation, if any, with off-campus organizations
• The student organization should agree to institutional policies and procedures appropriate to the organization’s activities and conduct both on and off campus
• The student organization should agree that the exercise of freedom of expression will be peaceful and non-disruptive, with appropriate consideration of and respect for differing points of view
• The student organization should seek the advice and counsel of its advisor

4. Activities Regulation

• The University reserves the right to:
  Limit or restrict the on-campus activity of any organization, registered or unregistered, or any individual whose purposes are -directly contrary to the institution’s stated mission and purpose and its Catholic, Jesuit character

  Exclude funding or other forms of University support for particular events that involve the organized advocacy of positions or activities deemed contrary to the institution’s mission and its Catholic, Jesuit character
• The University also has the right to regulate the time, place, and manner of all on-campus student activities and expression, and to prohibit any activity, speech, or expression that is deemed by the administration to -create a clear and present danger of:
  Blocking roadways or walkways or common areas

  Restricting or preventing physical access to campus buildings

  Generating excessive noise

  Interfering with or disrupting classes or unlawfully interfering with other campus events or activities
• In addition, the University has the right to prohibit, prevent, or stop expression which, by its content:
  Presents a clear and present danger of inciting violence or -unlawful behavior

  Advocates the physical harm, coercion, intimidation, or other invasions of personal rights of individual students, faculty, staff, administrators, or guests

  Violates University policies regarding harassment and student conduct

  Advocates willful damage, destruction, or seizure of University buildings or other campus property; destruction or interference with University classes; or unlawful interference with University events or activities
• The University has the right, through its student judicial system, to impose discipline, as deemed appropriate, on any student or student organization whose oral or written expression violates University policy or codes of -conduct or goes beyond that which is protected by this particular policy.

5. Scheduling

All activities held by registered student organizations, other than a regular -business meeting, must be scheduled by the appropriate University office.

Events scheduled inside a residence hall must end by the start of quiet hours, unless prior permission is granted by the appropriate resident director. Events held in outdoor areas adjacent to residence halls and Benson Memorial Center must end by nightfall Sunday through Thursday and by midnight on Friday and Saturday.

6. Risk Management

Student organizations planning an event must follow risk management strategies. Risk management strategies may include, but are not limited to: the review of contracts, transportation, fire and safety regulations, crowd control measures, instructor/facility certification, and insurance review of outside agency. For -additional information, contact the Center for Student Leadership.

7. Amplified Sound

Student organizations wishing to have amplified music at an outside event must obtain specific approval from the manager of the facility being reserved. Approval then must be granted from the City of Santa Clara for an outside noise permit. The general hours available for outdoor amplification of sound are: Friday from 4:30 to 10 p.m., Saturday from 11 a.m. to 10 p.m., and Sunday from 11 a.m. to 5 p.m. Outdoor amplification is not -permitted Monday through Thursday. No outdoor amplification is allowed during the undergraduate and graduate final exam periods and law school final exam periods. Amplification of music or speech is not permitted in outside areas immediately adjacent to classroom buildings while classes are in session.

AB. Student Records & FERPA

The Family Education Rights and Privacy Act (FERPA) of 1974 protects the confidentiality of the University records of Santa Clara University students. The University is authorized under provisions of the Act to release directory information to any person on request, unless a student explicitly requests in writing that the University not to do so and keep directory information confidential.

A student’s directory information is designated as follows:

• Name
• Address (campus, local and/or permanent e-mail)
• Telephone number
• Date and place of birth
• Photographic image
• Major field of study, classification, dates of attendance, expected -graduation date, degrees, and honors received
• Most recent previous educational institution attended
• Participation in officially recognized activities, including -intercollegiate athletics
• Height and weight of participants on intercollegiate athletic teams

During the registration period and throughout the academic year, students may request in writing, through the Office of the Registrar, that directory information be kept confidential. Once filed, the request remains in effect until the beginning of the next academic year, or a shorter period, if designated by the student. Graduating students must notify the Office of the Registrar in writing to remove the non-disclosure notation from their record.

Certain records are excluded by law from inspection, specifically those -created or maintained by a physician, psychiatrist, or psychologist in connection with the treatment or counseling of a student. Parents’ financial information, including statements submitted with scholarship applications, is also excluded by law from inspection. Third parties may not have access to educational records or other information pertaining to students without the written -consent of the student about whom the information is sought.

Former or current borrowers of funds from any Title IV student loan -program should note carefully that requests for nondisclosure of information will not prevent Santa Clara University from releasing information pertinent to employment, enrollment status, current address, and loan account status to a school lender, subsequent holder, guarantee agency, U.S. Department of Education, or an authorized agent.

Students have the right to inspect and review their educational records at the following offices:

• Official academic records, including application forms, admission transcripts, letters of acceptance, and a student’s permanent academic record are on file and maintained in the Office of the Registrar.
• Working academic files are also maintained by the Drahmann Center.
• Records related to a student’s nonacademic activities are maintained in the Office of Student Life.
• Records relating to a student’s financial status with the University are maintained in the various student financial services offices.

Students have the right to request the amendment of their educational records to ensure that they are not inaccurate, misleading, or otherwise in -violation of the student’s privacy or other rights. Students may direct -complaints regarding academic records to the dean of the College or School in which they are enrolled or to the University registrar. In addition, students have the right to file with the U.S. Department of Education a complaint -concerning alleged failures by Santa Clara University to comply with the requirements of the Act. Written complaints should be directed to the Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Ave., S.W., Washington, D.C. 20202-4605.

For additional information about the Family Educational Rights and Privacy Act, or to obtain a copy of Santa Clara University’s policy, please go to the SCU FERPA Web site at www.scu.edu/ferpa. You may also contact the Office of the Registrar in Walsh Administration Building. For additional information about the University’s Parental Notification Policy for alcohol and controlled substance violations, click here.

AC. Transportation

1. Vehicles

Parking on campus requires a valid parking permit or visitor pass at all times. Parking permits are available at Campus Safety Services in the Parking Structure from 7 a.m. to midnight. Daily passes may also be purchased at the Main Entrance. Copies of the current parking regulations are also -available at Campus Safety Services or on the Web at www.scu.edu/cs

2. Permits

Permit parking is enforced Monday through Friday from 6 a.m. to 8 p.m., SCU holidays excepted, or unless otherwise posted. Visitor parking spaces are reserved for University guests. Temporary visitor permits may be obtained at the main entrance guard station or from Campus Safety Services. Certain spaces marked “Reserved” or “Enforced 24 Hours” may result in the vehicle being towed at the owner’s expense.

Enforcement of parking regulations is carried out by Campus Safety Services. All citations are turned over to a contract citation-processing admin-istrator. Unpaid parking fines will result in the placement of a hold on the -student’s University account. The accumulation of three or more unpaid parking citations may result in the towing and storage of the vehicle by any law enforcement agency until the citations are cleared. Three or more unpaid -citations may result in the vehicle being immobilized.

Parking is authorized only in designated lots and spaces according to the class of permit displayed on the vehicle. Anyone parking a car on campus should check signs at the entrances plus interior signs and surface stencils to ensure that he/she is parking in an authorized space. The parking regulation brochure also includes a map showing the type of parking authorized in the various spaces.

Red zones are emergency access lanes and must be kept clear at all times. Vehicles parked in red zones will be towed at the owners’ expense.

3. Skateboarding, In-line Skating, Roller Skating, and Bicycle Riding

The disturbing, reckless, or unsafe riding of skateboards, in-line skates, roller skates, or bicycles on campus is prohibited. Any riding that endangers the safety of pedestrians, damages University property, or creates a noise nuisance is prohibited under this policy. Tricks, stunts, acrobatic actions, or other actions likely to cause personal injury or damage to University property are specifically prohibited.

Due to the potential risk of harm to the participant, others, and/or damage to property, this policy also applies to other recreational activities such as slacklining,* an activity that involves stretching nylon webbing between two anchor points at different heights for the purpose of walking across and doing stunts.

*Please note: slacklining is allowed only at the facility on Bellomy Field.

The operation of vehicles, including bicycles, mopeds, motor scooters, and motorcycles in the parking lots and interior streets of the campus is governed by the University parking and traffic regulations. Enforcement of this policy is the responsibility of Campus Safety Services (408-554-4441). Violations of the policy may be subsequently dealt with in the following manner:

• Students—through the University judicial system
• Employees—through the employee disciplinary process
• Nonaffiliates—through trespass, malicious damage, or other sections of public law as are appropriate

III. Residence Hall Policies, Procedures & Standards

The University policies, procedures, and standards apply to all students. In addition to these, the following policies, procedures, and standards apply to students living in the residence halls.

A. Introduction

Living in a residence hall requires all individuals to be responsible and respectful of the policies, procedures, and standards that have been established to protect each student, ensure personal and University property is well-maintained and protected, and to maintain a reasonable sense of order and structure. The items identified assist us in providing a safe, clean, academic environment. Additional information for students living in residence halls is provided in the University Housing Contract.

B. Housing & Residence Life Community Charter

Values and Standards for Building Communities of Character

1. Goals

• To unite all students as a part of the Housing and Residence Life Community, which equally values each member regardless of class or place of residence.
• To promote a shared responsibility for upholding the community values and standards amongst students and Housing and Residence Life staffs.
• To increase communication and awareness of the community values and standards between students and Housing and Residence Life staffs.
• To increase student and staff behaviors that demonstrate pride and respect for their living environment.

2. Statement of Values and Expectations for On-Campus Living

• As a member of this community, I will practice personal and academic integrity.
  • Accept responsibility for my own actions
  • Hold others accountable for their actions
  • Be a responsible, honest, and active member of my residence hall community
• As a member of this community, I will respect and care for myself, my friends, other people, and their property.
  • Accept responsibility for the actions of the members that I bring into the community
  • Uphold the Community Responsibility Policy
  • Follow all University Housing and Residence Life Policies and Procedures as outlined in the Student Handbook
• As a member of this community, I will value diversity and learn from differences in people, ideas, and situations.
  • Use the Roommate Agreement form to avoid issues and conflicts within the community
  • Ask questions and actively listen in order to understand each member as an individual and avoid stereotypes
  • Be open to new ideas and to those people who disagree with me
• As a member of this community, I will seek, share, and contribute to our common good.
  • Develop, embrace, and hold others accountable for the Community Standard Agreement for my floor/building
  • Work toward the enhancement of the community environment
  • Offer personal talents to contribute to community events, residents, and everyday living
• As a member of this community, I will be a leader-in-service to campus and the greater community beyond campus.
  • Consistently role model behavior reflective of the three C’s (Competence, Conscience, and Compassion)
  • Respect and cooperate with custodial staff, maintenance staff, and University personnel who work within our community
  • Recognize my role and responsibility to the community outside of Santa Clara University

C. Housing & Residence Life Community Operations

The following section outlines many of the policies and procedures necessary for building a respectful community and providing for efficient residence hall operations.

1. Check-In/Check-Out

Check-in/check-out is an important process to our offices. Upon arrival, you should review your Room/Apartment Condition Report. This report will protect you from being held responsible for damages that existed prior to your occupancy. When checking out of your room, you must follow certain check-out procedures with your Community Facilitator (CF). If leaving prior to the end of the year, you must contact the Housing Office so that a decision on a possible refund can be determined. Remember, the University Housing Contract is in effect for the term of a full academic year. Cancellation requests are reviewed on a case by case basis. Students are expected to check out no later than 24 hours after their last final exam.

2. Closing & Opening

All residence halls will close at specified times as announced by the Offices of Housing and Residence Life. The residence halls close at the end of the fall quarter. The residence halls re-open for the winter quarter at 11 a.m. the day prior to the first day of classes.

Students are expected to vacate their rooms and building at the scheduled times and to properly follow all check-out procedures. Failure to vacate in the specified timeframe will result in the immediate removal of access to the residence halls, extra costs, and University disciplinary action.

3. Common-Area Space

Common-area space (lounges, hallways, and restrooms) is for the use and enjoyment of all residents. Common-area spaces are frequently used for individual studying, group study sessions, and occasionally for classes. Located in various lounges are pool tables, televisions, microwave ovens, ping-pong tables, kitchenettes, and study areas. Residents are responsible for the day-to-day upkeep of these areas; therefore, student cooperation in maintaining a clean atmosphere is appreciated. Lounge furniture, cushions, or any University -property must not be removed from common-area spaces.

4. Community Damage

Community damage is damage done to public areas that would not be considered individual room damage. The public-area losses or damages that are preventable (such as broken windows, stolen furniture, light fixtures, and elevator vandalism) and are not assignable to individuals will be billed in equal amounts to the floor or building community. It is the responsibility of all residents to be aware of their environment and to hold students who vandalize property accountable.

5. Consolidation

Consolidation is necessary when numerous students are living in rooms without roommates. Requests to consolidate will happen no later than the fifth week of the spring quarter. To make the best use of available space, students who want to pay the double room rate need to consolidate with other students. When possible, students living alone in double rooms will be offered the opportunity to rent their double room as a single at an increased cost.

Contracts for both the University residence halls and University apartments are legally binding documents and should be read carefully and retained for future reference. Policies for suspending or terminating a contract can be found in the documents.

6. Keys

Keys should be in your personal possession at all times. Do not loan out your residence hall keys to anyone. Report lost or stolen keys to the Housing Office immediately. Residents will be charged $50 for a standard room or apartment bedroom lock change, $80 for a lost apartment front door key, $15 for a lost restroom key, and $15 for replacement of an ACCESS key card. Locks are changed to protect both current and future residents and their belongings. If you drop your keys down the elevator shaft or sink, you will be held responsible for any resulting maintenance expenses.

7. Lockouts

Lockouts are handled by the Housing Office and Campus Safety Services. Should you be locked out of your room between 8 a.m. and 5 p.m. Monday through Friday, you may check out a loaner key in the Housing Office in Benson Center, Room 212. After 5 p.m. or on weekends, you must contact Campus Safety Services. Residents who check out loaner keys or call Campus Safety Services for assistance more than three times in the academic year may face disciplinary action and/or fines.

8. Personal Property Insurance

The University assumes no responsibility for damage to personal property due to fire, theft, water leaks, interruption of utility service, or other causes. Residents are strongly encouraged to consider purchasing personal property insurance to cover loss or damage to personal property or facilities.

9. Repairs and Custodial Services

Repairs and custodial services are provided by Facilities. If your room needs a repair, you may submit a work order online, via ECampus. Reporting common-area maintenance problems to your CF will keep your lounges, bathrooms, and hallways in top condition. If an emergency repair is needed (such as an overflowing toilet), report it to the first person you can reach, in the following order: your Community Facilitator, your service desk, the Community Facilitator on duty from 7 p.m. to 8 a.m., and all day throughout weekends, the Housing Office, open weekdays from 8 a.m. to 5 p.m. at 408-554-4900. If none of these are available, call Campus Safety Services at 408-554-4441.

10. Restrooms

Restrooms must only be used for whom they are designated (either male, female, or visitor/common area) and are closed during the custodial cleaning time. Times for cleaning will be posted on restroom doors. No one is allowed to enter the restroom for any reason while the custodian is inside cleaning the restroom.

11. Room Assignments

Room assignments are made with special attention to the learning community preference and the compatibility of the students. The University reserves the right to assign student rooms and apartments to make the most effective use of available space, to reassign students at any time, and to use unallocated space in any residence hall or apartment. This agreement does not guarantee specific assignments or roommates.

12. Room Changes

Room changes are allowed according to established guidelines. Residents are encouraged to work out any difficulties they have with their roommates directly and proactively. If, however, a situation arises where irreconcilable conflicts exist, a room change might be possible during the established room change period. Residents with roommate problems should contact their CF first and then complete the proper paperwork prior to the move. Room changes are not allowed during the first three weeks of each quarter so that staff may complete accurate rosters and so that roommates will not request changes based on initial impressions.

13. Room Damage

Room damage will be assessed when a student checks out of his/her room. In addition, a final assessment is conducted by the Offices of Housing and Residence Life after checking out of your room. Each room is inventoried and the condition is recorded by the student at move in. It is the responsibility of the resident to complete the Room/Apartment Condition Report. Each resident is responsible for damages beyond normal wear and tear. Residents will be billed for any extraordinary cleaning that results from inadequate cleaning or excess trash.

14. Room Entry & Safety Inspections

Room entry and safety inspections will occur periodically. The University balances the right to privacy of the resident students with the responsibility to maintain a safe environment for all students and staff in the residence halls. The University will take all reasonable steps to ensure the residents of a room receive adequate notice prior to entry by University personnel for the purposes of verifying occupancy, repair, inventory, construction, and/or inspection. The University also reserves the right to enter a residence room without notice for responding to real or reasonably perceived health and safety emergencies, and/or to ensure evacuation during fire alarms, during vacation period, and/or to respond to situations where there is a reasonable suspicion that a violation of the law or University policies is occurring or has occurred inside a particular room. Under such circumstances, it is not necessary that the room’s resident(s) be present; nor will a resident’s refusal, either verbal or physical, prevent an entry or inspection. By entering into the University Housing Contract, the student consents to room entry and inspection under those circumstances indicated.

15. Storage

Storage for all personal belongings, including luggage, is limited to the student’s room. The Housing Office will dispose of all items not properly claimed and assumes no responsibility for belongings left in the residence halls. The Housing Office reserves the right to remove and store possessions left on the premises after term of residency ends, at the resident’s expense.

D. Housing & Residence Life Community Living

These policies are established for the health, safety, and security of on-campus residents. Violations of the following policies may result in assessment of fines (up to a maximum of $500 per person, per violation depending upon the severity of the incident) and/or referral to the University Judicial System.

1. Air Conditioners

Air conditioners of any type (window or stand alone) or size are not permitted in university residence halls at any time. If you require the use of an air conditioner, please contact the Resident Director for approval.

2. Amplified Musical Instruments & Drums

Amplified musical instruments and drums are not permitted due to noise levels. Stereo equipment is permitted; however, the Residence Life staff reserves the right to regulate the sound level and to require that residents remove sound equipment from the residence halls if problems with excess noise persist.

3. Appliances

Appliances are permitted as long as they pose no undue safety risk, include no exposed heating elements, or do not unnecessarily over utilize building utilities. Appliances that create undue safety risks are not permitted within the residential living community. The University reserves the right to require the use of Energy Star rated appliances.

4. Approved Appliances/Unapproved Appliances

Approved Appliances	Unapproved Appliances
Clocks	Air Conditioners
Computers	Ceiling Fans
Desk Lamps	George Foreman style home grills*
Fans	Hot Plates
Hair Dryers	Space Heaters
Hot pots with non-exposed coils	Sun Lamps
Microwaves	Toasters*
Refrigerators (energystar certified and 4.5 cubic feet or smaller)	Torchiere halogen lamps
Televisions	Window appliances (humidifiers, etc.)

* Are permitted only in Casa Italiana and Sobrato Apartments

5. Bikes

Bikes may be stored in a student’s room or apartment. Bikes, however, may not be stored in hallways or other common areas within the halls. For safety reasons and to meet fire codes, bikes must not be attached to stairways or exit areas.

6. Candles/Open Flames/Incense

Candles/open flames/incense are considered extremely dangerous due to the potential of fire and are prohibited in the residence halls. Unburned candles or incense sticks are not permitted in residence hall rooms. Students may not create open flames of any kind for any reason in any residence hall location. Outdoor grills should not be used in or near residence halls. All -violations of this policy are considered to be serious as open flames pose the largest single safety threat to university residence halls.

7. Commercial/Business Use of Facilities

Commercial/business use of facilities is prohibited. Students may not use their apartments, or any University housing facility for commercial/business purposes. This includes use of data, and cable TV lines, as well as post office mailboxes. Solicitation and/or the distribution of published materials and fundraising may be conducted only in accordance with University policy.

8. Exits, Doorways & All Hallways

Exits, doorways, and all hallways must have minimum of a 48-inch clearance from obstructions such as boxes, bicycles, and mattresses at all times.

9. Extension Cords

Extension cords are not permitted in university residence halls at any time for any reason per California State Fire Code. See section on Power Strips for further information.

10. Fire Safety Equipment

Fire safety equipment has been installed in most buildings to provide maximum protection from fire. This equipment includes pull stations, pull station covers, smoke/heat detectors, sprinklers, water hoses, door hold open hardware, fire alarm panels, and fire alarm lights and horns. It is imperative that this equipment be properly respected and maintained. If equipment is not working properly, you must report it immediately to University staff. A student found tampering or fraudulently using this equipment places the community at risk and the disciplinary response will be severe. Disciplinary action may include a maximum disciplinary fine in addition to possible residence hall expulsion and possible suspension from the University. The Santa Clara Fire Department may also investigate such activity and may prosecute offenders.

11. Furniture

Furniture, other than university issued, must adhere to all California state fire codes. All furniture must be flame retardant. Upon checking out, students are required to return furniture to its original configuration. Water beds are not permitted inside University residence halls at any time. All University issued furniture must remain in designated room or apartment.

12. Guests

Guests of residents are welcome in University residence halls. Guests are defined as any person who is not contracted to live in the residence hall where they are present. This definition includes other SCU students who live in other residence halls or who live off-campus.

Students are responsible for the actions of their guests (both SCU and nonaffiliate) and will be held accountable for any violations of University -standards, policies, or procedures by a guest. Students must physically accompany their guests while they are present in residential facilities at all times, including when entering and exiting the residence hall. Residents should not allow guests to wander the residence halls unescorted. Room responsibility lies with the assigned residents of the room in addition to the individual creating the problem.

Guests of residents are permitted to stay overnight in the residence halls. Any guest who intends to stay longer than three consecutive nights or for more than a total of seven nights each academic year must obtain prior written permission from the Resident Director of the residence hall. Given the values of Santa Clara University, cohabitation is not permitted in University residence halls or apartments.

If the presence of a guest of a resident student, regardless of whether the guest is or is not another student, denies the roommate the right to a reasonable amount of privacy and/or use of the room, the roommate is encouraged to discuss this first with the fellow student. If the students are not able to reach agreement on this matter, the students are encouraged to seek the assistance of the residence hall staff by speaking to their CF first. If necessary, the University reserves the right to limit the guest privileges of a student.

13. Halogen-Bulb Lamps

Halogen-bulb lamps have been the cause of multiple residence hall fires around the country. To promote the safety of students living in residence halls, torchiere halogen-bulb lamps are not permitted in any residential community.

14. Lofts

Lofts (other than University-issued loft furniture) are not permitted due to the City of Santa Clara fire marshal’s mandate, and the University Risk Management Office. Improperly lofted or bunked beds using University-issued furniture components, furniture elevated using “stilts” or “risers”, and furniture assembled/supported using cinder blocks, other furniture, or homemade structures are not permitted.

15. Occupancy Limits

Occupancy limits for each residence hall room are based on California State Fire Code. There are not to be more than 8 persons present in any standard double residence hall room, 6 students in any suite or apartment bedroom, and no more than 20 people total present in any suite or apartment, including those in bedrooms.

16. Pets

Pets are only allowed in University residence halls when they reside with a live-in residence hall faculty or professional staff member. All pets must be leashed and kept at a minimum standard level of restraint at all times while inside residence hall facilities.

Due to health and sanitary regulations, students and guests are not to bring pets inside University residence halls at any time. Fish that are living in containers that have a volume capacity of less than five gallons are permitted.

17. Power Strips

Power strips are permitted only if they are UL-approved, circuit breaker-type and their use must be kept to a minimum in university residence halls. Students must follow manufacturer guidelines in order to ensure that they are not overloaded.

18. Residence Room Numbers

Residence room numbers must be clearly visible and unobstructed at all times on all doors for security and safety reasons.

19. Resident Room Doors

Resident room doors must remain in the closed position at all times unless (1) a person is actively moving through the doorway in order to gain entry or exit the room, (2) the door can be held open using a Univesity installed magnetic door hold device, and (3) the room door opens onto an outside corridor.

20. Room Alterations

Decorations for your room consisting of sheets, nets, curtains, or large pieces of material hung or draped from the ceiling and walls are prohibited because of California State Fire Code. Large pieces of material are considered fire hazards, especially when draped across the ceiling.

Painting is done in the summer by Facilities personnel. Because a great deal of effort is expended in repainting student rooms, residents are not permitted to paint their rooms or apartments. Students will be held responsible for any and all damage done to walls, windows, doors, or furniture.

Light fixtures and fire equipment (sprinklers and smoke detectors) should never be used to hang things from and must never be tampered with or turned off in any fashion.

21. Screens

Screens are provided for students’ comfort and safety. Removing or tampering with window screens at any time is considered a significant safety risk and is strictly prohibited.

22. Sports in the Hall

Sports in the hall are prohibited due to the potential danger to individuals and property, including safety equipment.

23. Trash & Recycling

Trash and recycling should be removed from your room daily to assist with cleanliness and pest control issues. Trash should be taken outside and placed in the proper containers. Individual trash cannot be dumped in bathroom or lounge trash containers.

Violations of the following policies will result in a referral to the University -judicial system.

24. Dropping Objects Out of Buildings

Dropping objects out of buildings (windows, balconies, etc.) is strictly -forbidden. Due to the obvious danger, as well as potential for broken -windows, the throwing or dropping of anything from University residences is not tolerated. Hanging items such as banners or posters outside windows is also prohibited.

25. Elevators

Elevators are located in various halls for the convenience of the residents and their guests. It is expected that the elevators will be used properly. Overloading (too many occupants), jumping or swaying in elevators, or the misuse of elevator equipment is a serious safety risk and is strictly prohibited. Costs associated with misuse will be charged to the community.

26. Firearms, Weapons & Other Hazardous Materials

Firearms, weapons, and other hazardous materials, including, but not limited to flammable liquids, any weapons, any item that can reasonably be determined to be a simulation of a weapon, any item that can be reasonably determined to potentially cause harm or injury to self or others, and ammunition are not permitted in University residences. Possession of firearms, including BB and paint-ball guns, is a violation of the Student Conduct Code. Students must find suitable storage locations off campus for the safe storage of any firearms, weapons, and ammunition. Flammable liquids and hazardous materials are not to be stored or used in residence hall rooms. Anyone violating this policy will be assessed a fine and will be removed from University housing pending review by the University.

27. Fireworks & Firecrackers

Fireworks and firecrackers of any kind are prohibited in Santa Clara County and are therefore not permitted in or around the residence halls. Anyone possessing fireworks, of any kind, may be immediately removed from University housing.

28. Medical Marijuana

Medical marijuana is not to be possessed, distributed, or used in any University-owned or controlled property. See the University policy for additional information.

29. Noise/Quiet Hours

Noise/quiet hours pose a common problem when large groups of people live under one roof. Because of this, residents are expected to be considerate of other residents at all times, including respecting others’ rights to sleep, study, and generally not be disturbed. Quiet hours (sound level confined to one’s room) are in effect from 11 p.m. to 10 a.m. Sunday through Thursday and from 1 a.m. to 10 a.m. Friday and Saturday. All other times are considered courtesy hours, which means you must comply with any request for you to be quieter. During finals periods, quiet hours are in effect 24 hours a day.

30. Roofs & Ledges

Roofs and ledges are not available for use by students or for the placement of a student’s belongings. Due to the obvious danger present, disciplinary action may include the maximum disciplinary fine with possible suspension from the University.

31. Room & Building Security

Room and building security: Propped open exterior doors seriously -jeopardize the security of the residents and property within the building. NEVER PROP OPEN ANY EXTERIOR DOOR. Entrance into residence halls is by ACCESS card only. Visitors are asked to use the security phones located at the main entrances to contact their hosts and gain entry. Residents should always escort guests into the buildings and should not allow guests to wander the residence halls unescorted. Students should be careful to lock their -resident room doors and secure their room windows when they are not present or while sleeping.

32. Smoking

The purpose of the smoking policy is to promote and foster the health, comfort, and safety of all members of the Santa Clara University community.

Santa Clara University, in compliance with the City of Santa Clara Ordinance No.1654, has adopted a nonsmoking policy. Smoking is prohibited at all times in University facilities that house offices, work areas, classrooms, or residence rooms. Members of the community who choose to smoke must maintain a distance of 25 feet from any building openings (balconies, doors, windows, air intakes).

33. Solicitation

In order to protect students’ right to privacy, and to maintain and promote efficient operations, the University has established rules applicable to all students, faculty, and staff that govern solicitation, distribution of written material, and entry into premises and work areas (Staff members are directed to Staff Policy 308: Solicitation and Distribution).

Solicitation that is prohibited includes, but is not limited to, selling products or services, door-to-door collections or campaigning, flier delivery, or posting of materials in facilities owned, operated, or controlled by SCU, including kiosks, light poles, and in parking lots.

Solicitors or tradespeople, including those who may be Santa Clara University students, faculty, or staff, are prohibited from entering the residence halls for the purpose of transacting business and/or -prohibited from entering the residence halls for the purpose of transacting business and/or campaigning and should be reported immediately to the appropriate service desk staff members or Campus Safety Services.

34. Thefts

Thefts should be reported to Campus Safety Services immediately. The Community Facilitator and Resident Director should also be notified. The University is not responsible for an individual student’s belongings. Each -student should insure her or his own property.

35. Vandalism

Vandalism refers to misuse of or damage to University property and is strictly prohibited. Vandalism detracts from the physical appearance of student living areas and may also create safety problems. Vandals will be held responsible for their actions and/or the costs of repair/replacement. Students whoobserve vandalism should make a report to the Resident Director.

E. Building Evacuations & Fire Safety

The following standards are for the safety of all resident and nonresident -students. Violation of many of these standards is also punishable by local and state law.

1. In the Event of a Fire

If you smell smoke or detect a fire, activate the nearest alarm and call 911 immediately from a safe location on or off campus. Before opening any door, use the back of your hand to see if it is hot. If it is hot, leave it closed and stuff wet towels or clothes in the cracks and open a window. If the door is not hot, open it slowly and be prepared to close it quickly if necessary. Exit the building cautiously and carry a blanket or towel to protect you from flames and smoke. Do not use elevators. If you see or smell smoke in a hall or stairway, use another exit. If you have knowledge of what may have caused a building evacuation, please immediately notify University staff.

2. Evacuation Alarms

Evacuation is required of all occupants of University buildings whenever an alarm is sounded. Be familiar with emergency evacuation routes from buildings in which you spend time.

Specific procedures are:

• Exit the building immediately by the proper pathway.
• Lock your door and take your key if you are a resident and in your room at the time the alarm sounds.
• Use stairways, do not use the elevators.
• Once outside, move to your designated emergency assembly point.
• Do not return to an evacuated building until the all-clear signal is given and permission is explicitly granted by a member of the Housing and Residence Life team or a Campus Safety Services officer.

Failure to evacuate for an alarm is a violation of city and state ordinances and will be treated as a serious violation of the Student Conduct Code.

Fire alarms and fire-safety equipment are located in each building to save lives and property. Initiating a false alarm or tampering with fire-safety -equipment is a violation of University policy and Santa Clara City Ordinance Number 103.4. Violators face criminal prosecution with penalties of $1,000 and/or six months in jail, in addition to University sanctions.

3. Fire Prevention

All students must maintain an obstruction free evacuation route to all exits. The minimum clearance of the route must be 48 inches wide or greater.

Students must follow manufacturer guidelines when using power surge strips in order to ensure that they are not overloaded.

4. Fire Safety

Residence hall occupants should follow all safety precautions, including fire safety, and report any violations they observe to their Community Facilitator or Resident Director as soon as possible.

IV. University Judicial System

The President of Santa Clara University delegates general supervision for matters of student conduct to the Vice Provost for Student Life. Specific responsibility and authority for the University Judicial System is assigned to the Associate Dean for Student Life. A judicial officer or the appropriate judicial board can review student disciplinary cases. The Associate Dean for Student Life or designee determines which course of action is taken based on the nature of the case. Judicial officers and members of judicial boards are appointed by the Vice Provost for Student Life or designee and have varying degrees of -sanctioning authority. A judicial officer/board can recommend a higher level sanction to the Office of Student Life if that judicial officer/board does not have the authority to assign it. All requests for appeal are made to the Office of Student Life, which acts on behalf of the University President.

In exceptional circumstances, the Vice Provost for Student Life may suspend the -normal structure of the University Judicial System and establish an appropriate procedure for the particular needs of the pending case.

A. University Judicial Officers & Boards

The University Judicial System includes the following judicial officers/boards:

1. Judicial Officers

University judicial officers are staff members or faculty members whose job descriptions include responsibility for reviewing judicial cases, or are appointed to be judicial officers by the Office of Student Life. The sanctioning authority of an individual judicial officer outside the Office of Student Life ranges from a warning up to and including housing contract cancellation. The sanctioning authority of the Assistant Deans, Associate Dean, and the Vice Provost for Student Life ranges from a warning up to and including expulsion.

2. Peer Judicial Board

The Peer Judicial Board is composed of students who are appointed as -hearing officers on an annual basis by the Office of Student Life. When a Peer Judicial Board convenes to review student conduct, the board includes three to five -students selected from the pool of members. The sanctioning authority of the Peer Judicial Board ranges from a warning up to and including housing contract cancellation.

3. University Disciplinary Council

The University Discipline Council is a board composed of students, faculty, and staff who are appointed as hearing officers on an annual basis by the Office of Student Life. When a University Discipline Council convenes to review student conduct, the board includes three students, one faculty member, and one staff member selected from the pool of members. The -sanctioning authority of the University Discipline Council ranges from a warning up to and including expulsion.

4. Sexual Misconduct Board

The Sexual Misconduct Board hears cases involving allegations of sexual -misconduct by students as specified in the Prevention of Unlawful Harassment and Discrimination Policy and the Sexual Assault Reporting Protocol. The Sexual Misconduct Board is composed of students, faculty, and staff members who are appointed on an annual basis by the Office of Student Life. When a Sexual Misconduct Board convenes to review student conduct, the board includes one student and two individuals who are members of the staff or -faculty; all are selected from the pool of members. The sanctioning -authority of the Sexual Misconduct Board ranges from a warning up to and including expulsion.

5. University Board of Appeals

The University Board of Appeals conducts appellate hearings for cases when directed to do so by the Vice Provost for Student Life. The board is composed of student(s), staff, and faculty members who are judicial officers or serve as members of the University Discipline Council. The sanctioning authority of the University Board of Appeals ranges from a warning up to and including expulsion.

B. Student Responsibilities & Rights

In any case of alleged misconduct, a student has the following responsibilities and rights:

• To be notified of student responsibilities and rights in the University judicial process.
• To cooperate throughout the entire judicial process by meeting any deadlines, providing requested information, and abiding by any requests or instructions of the judicial officer/board.
• To be notified at least three (3) business days prior to the hearing of the alleged violation of the Student Conduct Code and/or University standards, policies, and procedures and to be notified of the date, time, and location of the hearing.
• To object to the judicial officer or member(s) of the judicial board if the student believes the officer/board member cannot act in a fair and impartial manner. The student must explain the reason(s) for his/her objection. The University reserves the right to either honor or deny the request to assign a new judicial officer or judicial board member.
• To discuss the incident and his/her alleged involvement in it and to review the policies that were allegedly violated with the judicial officer/board.
• To respond to information used in determining the outcome of the hearing.
• To present pertinent information and witnesses on his/her behalf.
• To identify witnesses on his/her own behalf and submit anticipated -testimony to the judicial officer/board in advance of the judicial hearing. It is the student’s responsibility to assure witness participation in the hearing process.
• To submit questions for the judicial officer/board to ask of the complainant or witnesses. The judicial officer/board can refuse to ask a submitted question if the judicial officer/board determines the question is irrelevant to the proceedings.
• To be accompanied by one support person. (See section entitled “Support Person” for further explanation.)
• To be notified in writing within five (5) business days of the outcome of the hearing. Notification could include the finding, judicial sanctions, or information concerning the date, time, and location of a secondary judicial hearing in the event the case is forwarded to a different judicial officer/board.
• To be informed of the appeal process and given the opportunity to file a request for appeal within five (5) business days of the date of the hearing outcome document. (See “Appeal Process” for further explanation.)

C. Communications with the Student Regarding the Disciplinary Matter

The University’s relationship is with the student. The University judicial pro-cess is designed with the purpose that it is an educational process. To this end, the process of the student working directly with University officials promotes that the student takes on the responsibility of managing his/her own affairs. Anyone else who takes on this role for the student takes away the learning oppor-tunity for the student. University staff will only interact with the student and his/her parent to the degree that it is appropriate and permissible by the Family Educational Rights and Privacy Act of 1974 (FERPA). University staff will not interact with legal counsel who is representing a student in a campus judicial case.

D. Judicial Procedures

1. Initial Review or Hearing

• Incident report: Members of the University community and nonaffiliate persons may file a report regarding the behavior of a student. If the reported information constitutes a potential violation of the Student Conduct Code and/or University standards, policies, and procedures, the University will pursue the matter through the University Judicial System, beginning with either an initial review or a hearing.
• Initial review: The assigned university judicial officer/board reviews the report, notifies the involved student(s) of the report, gathers relevant information, and interviews any witnesses. The judicial officer/board may elect not to interview a witness who does not have first-hand knowledge of the incident, presents information that is deemed to be unnecessary for the deliberation process, or presents information about the involved student’s character. After the judicial officer/board has gathered all relevant information, the judicial officer/board conducts a hearing or refers the case to another judicial officer/board.
• Hearing: The assigned university judicial officer/board reviews the incident report(s) and statements presented by the complainant(s), respondent(s), and witness(es). The judicial officer/board may elect not to interview a -witness who does not have first-hand knowledge of the incident, presents information that is deemed unnecessary for the deliberation process, or presents information about the involved student’s character. A student is not entitled to be present for every interview related to the case that the judicial officer/board conducts. The judicial officer/board may conduct the hearing in a student’s absence if the student does not report for a scheduled hearing, or if the student does not set an appointment for a hearing as directed. In some circumstances, the hearing process may take place over multiple meetings on multiple days.
• Burden & Standard of Proof: The student responding to the reported allegation is presumed not to have violated the Student Conduct Code. The standard for determining a violation of the Student Conduct Code is preponderance of evidence. There must be persuasive information to establish that the involved student(s) “more likely than not” violated the Student Conduct Code.
• Deliberation: The judicial officer/board may deliberate in private. Sanctioning for a Student Conduct Code violation is based upon the nature of the determined violation and any previous violations of the Student Conduct Code.
• Notice of Outcome: The judicial officer/board notifies the student of the hearing outcome in writing, no later than five (5) business days after the conclusion of the hearing. The judicial officer/board must notify the student of the option to file a request for appeal. (See “Appeal Process” for further explanation.)

2. Witnesses

A witness is defined as someone who can provide first-hand information about the reported incident. Witnesses are not permitted who do not have first-hand information about the reported incident, present information that is deemed to be unnecessary for the deliberation process, or serve only to present information about the involved student’s character.

Persons serving as witnesses have the following rights:

• To be notified in writing at least one (1) day prior to the hearing of the date, time, location of the hearing, nature of the proceedings, and his/her role in the hearing process.
• To be accompanied by one support person. (See section entitled “Support Person” for further explanation.)
• To be questioned directly only by the judicial officer/board. The judicial officer/board reserves the right to limit or eliminate questions submitted by the responding student that are deemed to be unnecessary for the deliberation process.

3. Support Person

The support person must be a member of the Santa Clara University community who is a current faculty or staff member, or a currently enrolled student. Parents or guardians who are members of the University community are not permitted to act as support person for cases involving their own son or daughter. A student who is represented by legal counsel is not permitted to have the legal counsel be his/her support person. A witness is not permitted to serve as a support person.

The role of the support person is to provide emotional support during the judicial hearing. A support person may not review any documents related to a judicial proceeding or present information during the hearing on behalf of the student. If a support person is disruptive to the hearing pro-cess, the judicial officer/board may dismiss the support person. In such cases, the student will be given an opportunity to identify a new support person.

4. Appeal Process

• The outcome of a judicial hearing is subject to one request for appeal. An appeal will be granted only if one or more of the following criteria is met:
  • The disciplinary action appears to be grossly disproportionate to the conduct infraction.
  • The procedures provided for in the Student Handbook were not followed in the hearing.
  • New relevant information is available that was not available at the time of the hearing.
  • The decision is not supported by substantial information.
• The request for appeal form, available in the Office of Student Life, must be completed by the student and returned to the Office of Student Life within five (5) business days of the date on the hearing summary. The request for appeal must include answers to the questions on the form in accordance with the criteria described in #1 above.
• The request for appeal, along with other pertinent information, is reviewed by the designated appeal officer to determine the validity of the request for appeal in accordance with the criteria described in #1 above. In general, a request for appeal is granted only when there is a preponderance of evidence that a procedural or substantive error occurred at the original hearing that effectively denied the student a fair and reasonable hearing.
• The student must be informed of the decision pertaining to the request for appeal within five (5) business days of submitting the request. In exceptional circumstances, the five (5) business days notification requirement may be extended to allow adequate consideration of the request for appeal. If this is the case, the student is notified.
• If the request for appeal is granted, the case may be referred back to the original judicial officer or board, a new judicial officer (who could be the appeal officer), or a new judicial board. The appeal officer may also modify the sanction(s) without granting a second hearing.
• All appellate hearings are conducted in accordance with the general student rights and other judicial procedures outlined in the Student Handbook.
• A request for appeal may only be filed one time. If a request for appeal is denied, a second appeal cannot be filed. If a request for appeal is granted, the outcome of any subsequent proceeding may not be appealed.

E. Judicial Procedures for Reviewing Allegations of Sexual Misconduct

There is a specific judicial process within the University Judicial System for responding to sexual misconduct allegations, which follows the same principles and procedures outlined in the previous section. This process is designed to address the unique aspects of this type of judicial case. Where an aspect of the judicial process is not addressed, refer to the “Judicial Procedures” section.

1. Preliminary Procedures

• Procedural Questions: The Office of Student Life addresses procedural questions that arise prior to the hearing.
• Reported Violation: In the event a person reports to Santa Clara University that he/she was sexually assaulted by another SCU -student and wants to pursue judicial action through the university process, then Campus Safety Services will interview the reporting party and write a report. Information from this report will be used for judicial proceedings in the University judicial process. The reporting student will have the same rights and responsibilities as the respondent.
• Notice of the Hearing Date & Charges: Notice of the date, time, and location of the hearing is given at least seven (7) calendar days in advance (including weekends). If there is a compelling reason that the student has not had adequate time to prepare for the hearing, the student can request that the hearing be rescheduled. The Associate or Assistant Dean for Student Life who is coordinating the proceedings will determine whether or not the request is based upon a compelling reason.
• Access to the Case File: The case file will be made available at least five (5) business days before the scheduled hearing. The case file will include official documents and statements prepared in connection with the processing of the complaint, such as a Campus Safety Services report, a timeline created by the Office of Student Life, and all notices issued by the Office of Student Life related to the judicial proceedings. Work product of University representatives, including and without limitation, memoranda, notes, and correspondence between University representatives and University attorneys, will not be considered part of the case file with respect to this section.
  
  The respondent and complainant will have reasonable access to the case file during specified office hours in the Office of Student Life. Both parties may review the case file, but will not be permitted to remove it from the office. Both parties are permitted to make notes and take these notes with them. Neither the respondent nor the complainant is permitted to have anyone present while reviewing the case file.
• Rebuttal Statement: The respondent may submit a written statement in response to the complaint. It must be received by the Office of Student Life no later than three (3) business days before the hearing. This statement will be added to the case file.
• Witnesses:
  • Witnesses are defined as those who can provide first-hand information about the reported incident. Witnesses are not permitted who do not have first-hand information about the reported incident, present information that is deemed to be unnecessary for the deliberation process, or serve only to present information about the involved student’s -character. When the relevance of witness information is in question, decisions about including such witnesses or specific information by a witness will be made by the judicial officer/board, in consultation with the Associate or Assistant Dean for Student Life.
  • It is the responsibility of each party to assure his/her witnesses’ presence at the hearing. The Office of Student Life will notify all witnesses of the date, time, and location of the hearing and his/her role in the proceedings no later than one (1) business day in advance of the hearing.
  • Each party’s first-hand witness(es) must be named on his/her witness list. This list of witnesses and accompanying summaries written by the involved students must be submitted to the Office of Student Life no later than noon three (3) business days prior to the hearing. Copies of the complete list and aforementioned summaries will be made available to the parties after both parties’ documents have been received or the submission deadline has passed.
  • Every first-hand witness who will present testimony at the hearing must provide a signed, written statement outlining his/her testimony. This statement must be submitted to the Office of Student Life no later than noon, three (3) business days prior to the hearing. If the first-hand witness has already provided an official statement to Campus Safety Services, a separate written statement describing the same information is not necessary.
    • In instances where a first-hand witness cannot appear at the hearing, a written statement can be submitted in one of the following manners: (1) The witness provides an official statement to Campus Safety Services through a formal witness interview and the witness signs the report after reviewing it for accuracy; or (2) The witness submits a prepared written statement in person to the Office of Student Life. At the time the statement is submitted, the witness must sign it in the presence of a member of the Office of Student Life and furnish official proof of identity; or
    • In the event a witness cannot go to Campus Safety Services or the Office of Student Life, the witness may forward a prepared written statement directly to the Office of Student Life. The witness must submit a signed, original, and notarized written statement.
  • Parties are forbidden to contact the other party’s witnesses.
  • Failure to submit witness lists, statements or summaries in accordance with the above listed regulations may jeopardize the admissibility of a witness’ testimony into the hearing process. Additional witnesses may be called after the established deadline only with the approval of the Associate or Assistant Dean for Student Life who is coordinating the judicial proceedings.
  • During the hearing, witnesses must remain in the immediate vicinity of the hearing room until dismissed by the judicial officer/board. Once the proceeding has begun, all participants are strictly prohibited from sharing the contents of their testimony with any other participant.
• Postponement: Either the complainant or respondent may request a postponement. The Office of Student Life may grant a postponement for what it determines, in its sole discretion, to be exceptional circumstances. A conflict in a student’s schedule or a student’s support person’s schedule will not necessarily constitute grounds for postponement. If granted, a postponement, in most instances, will be for up to one week. More than one postponement generally will not be granted to a party.
• Personal Bias: The complainant or respondent may challenge the participation of the judicial officer or a judicial board member on the grounds of personal bias. Such an objection must be presented in writing to the Associate or Assistant Dean for Student Life within two (2) business days after being notified of the identity of the judicial officer/board members. The judicial officer or board member is also expected to recuse him/herself from hearing a case if personal bias would prevent the person from rendering an objective decision. The Associate or Assistant Dean for Student Life makes the final decision on disqualification.
• Support Person Presence: Complainants, respondents and witnesses are permitted to have one support person accompany him/her in a hearing. The name and University identification number of the support person must be provided to the Office of Student Life no later than noon two (2) business days before the judicial hearing. The support person must be a member of the Santa Clara University community who is a current faculty or staff member or a currently enrolled student. A parent or guardian who is a member of the University community is not permitted to be a support person for cases involving his/her own son or daughter. A student who is represented by legal counsel is not permitted to have the legal counsel be his/her support person. A witness is not permitted to serve as a support person.
  
  The role of the support person is to provide emotional support during the judicial hearing. A support person may not review any documents related to a judicial proceeding or present information during the hearing on behalf of the student. If a support person is disruptive to the hearing process, the judicial officer/board may dismiss the support person. In such cases, the student will be given an opportunity to identify a new support person.

2. Procedures for Hearing

• Judicial Officer or Judicial Board: The complainant can choose whether the case is heard by one judicial officer or the Sexual Misconduct Board. The Associate or Assistant Dean for Student Life is responsible for identifying the judicial officer or the board members who will hear the case. The Sexual Misconduct Board is composed of three members: two people who are members of the staff or faculty and one student. The Associate or Assistant Dean for Student Life coordinating the judicial proceedings is charged with the responsibility of selecting a chairperson for the hearing from among the three appointed board members and ensuring that the judicial procedures are properly followed.
• The Hearing: The complainant and respondent will not be present in the same room at the same time throughout the proceedings. The complainant and respondent are interviewed by the judicial officer/board in the absence of the other. The complainant and respondent are not present in the room when the hearing officer/board interviews the witnesses. In addition to the questions that the hearing officer/board asks of the complainant, respondent, and witnesses, the complainant and respondent are permitted to submit questions to be asked by the judicial officer/board of the complainant, respondent, or witnesses. The judicial officer/board reserves the right to eliminate questions that are deemed unnecessary for determining if there is a Student Conduct Code violation.
  The order of the hearing is as follows:
  • The judicial officer or chairperson of the judicial board reads separately to the complainant and respondent an opening statement. The opening statement indicates the rules of procedure which govern the hearing and state the alleged violation(s).
  • The complainant and respondent are permitted to make an opening statement limited to five minutes.
  • The complainant and respondent are permitted to submit questions to the judicial officer/board for each other and for all witnesses who testify at the hearing.
  • The judicial officer/board interviews separately the complainant, respondent, and witnesses as deemed appropriate.
  • The complainant and respondent are permitted to present evidence.
  • The complainant and respondent may make closing statements limited to ten minutes.
• Burden & Standard of Proof: The burden of proof rests on the complainant, and the standard for determining a violation of the Student Conduct Code is preponderance of evidence. The complainant must present persuasive information that establishes that the respondent “more likely than not” violated the Student Conduct Code.
• Conduct during the hearing: Anyone in attendance at a disciplinary proceeding must:
  • Refrain from conduct disruptive to the hearing.
  • Adhere to guidelines and instructions from the Associate or Assistant Dean, the judicial officer, and/or the chairperson of the judicial board.
  • Follow any and all obligations under applicable standards of confidentiality and professional responsibility.
• Prior Sexual History: The prior sexual history of either party is not admissible by the other party, except when such testimony is submitted by a party concerning his/her own sexual history. Either party may submit evidence of the history of any sexual relationship between the complainant and respondent. If either party submits such evidence, then the other party has the right to rebut that evidence.
• Collection of Case Files: The case file contains confidential material and is made available to a student in preparation for and at the time of his/her judicial hearing. This material must remain under the control of the Office of Student Life at all times. The complainant and respondent are not permitted to take the case file with them at the conclusion of the hearing or anytime thereafter. All copies of the case file and its contents must be returned to the Associate or Assistant Dean for Student Life at the conclusion of the hearing.
• Hearing Confidentiality: The testimony and deliberations during the hearing are of a confidential nature.
• Procedures for Deliberations:
  • The judicial officer/board members deliberate in private with only the Associate or Assistant Dean for Student Life present. The Associate or Assistant Dean for Student Life is available to advise the judicial officer/board on all matters relating to the performance of their duties.
  • The judicial officer/board must determine whether a student is in violation of the Student Conduct Code before any prior disciplinary record is supplied to the judicial officer/board.
  • If the case is heard by a judicial officer, then the decision concerning the finding of responsibility is determined by the judicial officer. If the judicial officer determines the respondent is responsible for violating the Student Conduct Code, then the judicial officer makes a recommendation to the Associate or Assistant Dean for Student Life regarding the sanction. The Associate or Assistant Dean for Student Life makes the final decision about the sanction. If a judicial board hears the case, then the finding of responsibility and the determination of a sanction are by majority vote of the board.
• Administrative Follow-up After the Hearing:
  • The Associate or Assistant Dean for Student Life notifies the complainant and respondent of the outcome in writing, no later than five (5) business days after the conclusion of the hearing.
  • The complainant and respondent are notified of the option to file a request for appeal and the process for doing so.

3. Appeal Process for Sexual Misconduct Case

• The outcome of the initial judicial hearing is subject to one request for appeal. In cases involving an allegation of sexual misconduct, the request can be initiated by the respondent and/or the complainant. If both parties file a request, and if one or both of the requests are granted, that constitutes the one allotted appeal request. A request for appeal will be granted only if one or more of the following criteria are met:
  • The disciplinary action appears to be grossly disproportionate to the conduct infraction.
  • The procedures provided for in the Student Handbook were not followed in the hearing.
  • New relevant information is available that was not available at the time of the hearing.
  • The decision is not supported by substantial information.
• The request for appeal form, available in the Office of Student Life, must be completed by the student and returned to the Office of Student Life within five (5) business days of the date on the hearing summary. The request for appeal must include thorough answers to the questions on the form in accordance with the criteria described in No. 1 above.
• The request for appeal, along with other pertinent information, is reviewed by the Vice Provost for Student Life to determine the validity of the request for appeal in accordance with the criteria described in No.1 above. In general, a request for appeal is granted only when there is a preponderance of evidence that a procedural or substantive error occurred at the original hearing that effectively denied the student a fair and reasonable hearing in accordance with the intent of the Student Handbook.
• The respondent and complainant must be informed of the decision pertaining to the request for appeal within five (5) days of submitting the request. In exceptional circumstances, the five (5) business days notification requirement may be extended to allow adequate consideration of the request for appeal. If this is the case, the student(s) are notified.
• If the request for appeal is granted, the case may be referred back to the original judicial officer, the original judicial board, a new judicial officer (who could be the Vice Provost for Student Life), or a new judicial board. The Vice Provost for Student Life may also choose to modify the sanction(s) without granting a second hearing.
• All appellate hearings are conducted in accordance with the general student rights and other required procedures, including determination of responsibility and sanctioning if appropriate.
• A request for appeal may only be filed one time by either the respondent or the complainant. If a request for appeal is denied, a second appeal cannot be filed. If a request for appeal is granted, the outcome of any subsequent proceedings may not be appealed by either the respondent or the complainant.

F. Disciplinary Actions

1. Judicial Sanctions

The following sanctions are official University actions that may be taken as a result of any disciplinary hearing. Sanctions include, but are not limited to those listed below. Violations of national, state, or local laws make a student subject not only to University disciplinary action but also to action by the appropriate court of law.

• Warning: Official notification that certain conduct or actions are in violation of University regulations and that continuation of such conduct or actions may result in further disciplinary action.
• Educational sanctions: Preparation and presentation of a program, preparation of a bulletin board, assigned reading and response paper, attending an alcohol education program, counseling, and/or other educational activities.
• Contributed service: Contribution of service to the University or a designated community agency consistent with the offense committed.
• Restitution: Reimbursement by transfer of property or services to the University or a member of the University community in an amount not in excess of the damages or loss incurred.
• Fines: Financial assessment not to exceed $500.
• Loss of privileges:
  • Limitation on University-related services and activities for a specified period of time, which is consistent with the offense committed; including but not limited to ineligibility to serve as an officer or member of any University organization, to participate in intercollegiate competition, to receive any award from the University, or to participate in graduation-related ceremonies.
  • Residence hall relocation, housing contract probation, or housing contract cancellation. Housing contract cancellation will result in being placed on disciplinary probation by the Office of Student Life.
  • Restriction from using specific University facilities and services (including parking facilities).
  • Denial of the on-campus use of a vehicle.
• Disciplinary probation: A specified period of observation and review of behavior, including terms appropriate to the offense committed, during which the student must demonstrate compliance with University regulations and the terms of the probationary period and is ineligible to serve in leadership positions in University co-curricular activities. (Refer to “Eligibility Policy for Participation in Student Activities: Academic Standing and Discipline Status.”)
• Deferred suspension: A specified period of observation and review of behavior, including terms appropriate to the offense committed, during which time the student is ineligible to participate in University co‑curricular activities. (Refer to “Eligibility Policy for Participation in Student Activities: Academic Standing and Discipline Status.”) If an additional violation of University regulations occurs, suspension will result.
• Interim suspension: In exceptional circumstances, the Vice Provost for Student Life may suspend a student or take other disciplinary action pending the hearing, especially in matters of safety or for the good of the community.
• Suspension: Exclusion from the University for a specific period of time after which application may be made for readmission.
• Expulsion: Permanent exclusion from the University.

2. Minimum Judicial Sanctions for Alcohol and Other Drug Violations

The sanctions listed in this section are for alcohol and drug violations. These guidelines are a minimum standard. A hearing officer can choose to administer a more severe sanction if it is determined there is reason to escalate the sanction due to the severity of the violation, or if the student has a previous judicial record that does not include alcohol or other drug offenses. For instance, -housing contract cancellation can be assigned on the first or second offense if the violation is coupled with physical confrontation, vandalism, or another serious conduct code violation. If deemed necessary, the University reserves the right to mandate alcohol and other drug assessment or treatment through the University judicial process.

The Counseling and Psychological Services, Cowell Health Center, and the Wellness Center are available to students who have concerns about their own alcohol or other drug use. The Counseling and Psychological Services and Cowell Health Center staff can also refer students to outside counseling and treatment agencies.

3. Cummulative Nature of Student Conduct Code Violations

Sanctioning for a Student Conduct Code violation is based upon the nature of the determined violation and any previous violations of the Student Conduct Code.

If 18 months (from the date of the previous alcohol violation) pass without the student committing an alcohol or other drug violation, then the sanction for an additional alcohol or other drug violation will be in the same category as the previous offense. For example, a student who commits his/her second alcohol violation in October of his/her freshmen year and then commits a third alcohol violation during May of his/her junior year, the offense will be considered a second offense. It will not be considered a third offense unless the violation is serious enough to warrant such action.

Any student with an alcohol violation prior to the implementation of this policy on Jan. 7, 2007 will be considered not to have such a violation on his/her judicial record for the purposes of determining the student’s sanction. This exception is not applicable to any student who is currently on housing contract probation, disciplinary probation, deferred suspension, or suspension. The exception is not applicable to other drug violations.

4. Low-Risk vs. High-Risk Drinking Violations

Regardless of a student’s age, the University takes into consideration the degree of risk or actual harm done to the person, other individuals, and property or severity of the violation when considering the appropriate sanction to assign to a student who violated the Student Conduct Code. Students who commit an alcohol violation because they are in the presence of alcohol whereas University policy states they cannot be in the presence and can be reasonably assumed not to be drinking alcohol or under the influence of alcohol are considered to have committed a low-risk violation.

An alcohol violation is considered to be a high-risk violation in the following circumstances, but not limited to: possession or consumption of alcohol when under the legal drinking age, disorderly conduct such as verbally abusive or lewd behavior, excessive consumption of alcohol (i.e., alcohol shots, beer bongs, drinking games, etc.), excessive intoxication, medical attention due the use of alcohol, providing alcohol to a person under the legal drinking age, driving a motor vehicle while under the influence of alcohol, or assaults of any type.

It is up to the discretion of the University Hearing Officer to determine if an alcohol violation is considered a low-risk or high-risk violation.

5. Minimum Sanctions for Low-Risk Alcohol Violations

First Violation	1. University fine: $50
Second Violation	1. University fine: $75 2. Sanctions will be assigned at the discretion of the Hearing Officer and will reflect the fact that this is a second alcohol violation. If appropriate, the violation may be classified as a high-risk violation by the Hearing Officer.
Third Violation	1. The violation will be classified as a high-risk violation.

6. Minimum Sanctions for High-Risk Alcohol Violations

First Violation	1. Educational sanction: options include, but are not limited to, a paper, community program, contributed work hours, community service, alcohol education class or program. 2. University fine: $50 3. Parental notification (for any student under the age of 21)
Second Violation	1. Educational sanction: options include, but are not limited to, a paper, community program, University service hours, community service, alcohol education class or program. The degree of work and time on the behalf of the student to complete this portion of the sanction will reflect the fact that this is a second alcohol violation. 2. University fine: $75 3. Parental notification (for any student under the age of 21) 4. Housing contract probation (on campus students)
Third Violation	1. Housing contract cancellation (on campus students) 2. Disciplinary probation 3. University fine: $100 4. Parental notification (for any student under the age of 21)
Fourth Violation	1. Any subsequent violation will result in either an extension of the student’s disciplinary probation period, deferred suspension, suspension, or expulsion depending upon the nature of the incident and the student’s overall judicial record.

7. Kegs and Excessive Amounts of Alcohol

Any student who is in the presence or possession of a keg or an excessive amount of alcohol is subject to housing contract probation, a University fine not to exceed $500, and parental notification. An excessive amount of alcohol is an amount that is too great to be reasonable or acceptable for individual consumption in the context of the incident report details.

8. Police Action Related to Alcohol and Other Drug Violations

If a student is taken into protective custody, arrested by the Santa Clara Police Department or a similar law enforcement agency for an alcohol or other drug related violation, or is charged with criminal alcohol or other drug charges then the minimum sanctions below will be administered.

First Violation	1. Disciplinary Probation 2. University fine: $100 3. Parental notification (for any student under the age of 21)
Second Violation	1. Any subsequent violation will result in either an extension of the student’s disciplinary probation period, deferred suspension, suspension, or expulsion depending upon the nature of the incident and the student’s overall judicial record.

9. Minimum Sanctions for Other Drug Violations

First Violation

1. Educational sanction: options include, but are not limited to, a paper, community program, community service, alcohol education class or program. 2. University fine: $100 3. Housing contract probation (on campus students) 4. Parental notification (for any student under the age of 21)

Second Violation

1. Educational sanction: options include, but are not limited to a paper, community program, community service, alcohol education class or program. The degree of work and time on the behalf of the student to complete this portion of the sanction will reflect the fact that this is a second alcohol violation. 2. University fine: $200 3. Housing contract cancellation (on campus students) 4. Disciplinary probation 5. Parental notification (for any student under the age of 21)

10. Minimum Sanctions for the Distribution of Other Drugs

If a student is held accountable for distributing a regulated or illegal drug, then the student will be placed on disciplinary probation at a minimum. Additionally, if the student lives on campus, his/her on campus housing contract will be cancelled.

11. Academic Sanctions

In addition to the sanctions imposed under the University Judicial System, individual faculty members are vested with the power to lower a student’s grade on a paper, exam, or other graded product, and/or for the course as a whole, for academic dishonesty.

12. Administrative Sanctions

The administrative sanction gives official notice that a procedural violation has occurred and will advise the student on how the situation is to be corrected.

13. Disciplinary Disqualification of University Financial Aid

Financial aid may be contingent upon a student remaining in good judicial standing within the University. If a student faces significant disciplinary matters, is placed on disciplinary probation, deferred suspension, or is suspended, the financial aid arrangement is subject to review. The review may be initiated by either the Office of Student Life or the Office of Financial Aid.

A student who is placed on disciplinary probation, for the first time, will continue to remain eligible for federal financial aid, unless otherwise prohibited by federal, state, or University regulations. If within two years of being placed on disciplinary probation, a student is placed on suspension, deferred suspension, or probation (a second time), the student will automatically lose all eligibility for institutional aid effective the date the suspension, deferred suspension, or second probation is imposed.

G. Judicial Records Policy

The Office of Student Life maintains a hard copy file and a digital record of a student’s judicial history. Judicial records are educational records, and are thereby subject to the Family Educational Rights and Privacy Act (FERPA) and the University’s Student Records Policy.

The judicial record is confidential and is only shared internally with University officials in instances when the student grants permission to release the record, or there is what FERPA defines “an educational need to know” basis for the request. The judicial record is maintained throughout the student’s enrollment and thereafter as indicated below. A student’s judicial record will only be released from the hard copy file to a person or party external to the University if the student has granted permission, where the disclosure of the record is permissible under the provisions of FERPA, or where the University is required to do so by law. The digital copy of the judicial record will only be released to an external person or party where the University is required to do so by law.

1. Retention of Hard Copy of Judicial Records

• The hard copy file of a student’s entire judicial history is kept for a minimum of one (1) academic year beyond the academic year in which the date of the last violation of the Student Conduct Code occurred. When a student commits a violation of academic integrity, the hard copy file is retained for the remainder of a student’s academic career.
• The files of any student who has received one or more of the following sanctions will be maintained for three (3) academic years beyond the academic year in which the student’s tenure in his/her current degree program at the University has ended.
  • Removal from University housing
  • Disciplinary probation
  • Deferred suspension
  • Suspension
• The judicial files of a student who has been expelled will be maintained for seven (7) years beyond the academic year in which the student’s tenure at the University has ended. The University reserves the right to change this policy at any time at its sole discretion.

V. A Selection of University Resources

A. University Offices

To contact any of the offices listed when dialing from an off-campus location, dial the complete seven-digit number. When dialing from on campus, including from residence hall rooms, dial only the four-digit extension number. Area codes are 408 unless indicated.

ACCESS Card Office  Benson Center, Room 106	(408) 551-1647
Information Desk  Benson Center, 1st Floor	(408) 554-4000
Campus Ministry  Benson Center, Room 105	(408) 554-4372
Campus Safety Services  Parking Structure, 1st Floor	(408) 554-4441
Counseling & Psych Services  Cowell Health Center	(408) 554-4172
Cowell Student Health  Cowell Health Center	(408) 554-4501
Drahmann Advising &  Learning Resources Center  Kenna Hall, Room 101	(408) 554-4318
Financial Aid  Varsi Hall, 2nd Floor	(408) 554-4505
Housing & Residence Life  Benson Center, Room 212	(408) 554-4900
Office of Student Life  Benson Center, Room 205	(408) 554-4583
Wellness Center  Malley Fitness Center	(408) 554-4409
Vice Provost for Student Life  Benson Center, Room 213	(408) 554-4583

 

B. Residence Halls

Bellarmine Service Desk  Communitas RLC	(408) 551-3400
Campisi Service Desk  Communitas RLC	(408) 551-3100
Casa Italiana Service Desk  DaVinci RLC	(408) 551-4946
Dunne Service Desk  Modern Perspectives RLC	(408) 551-3200
Graham Service Desk  Alpha RLC	(408) 551-3300
McLaughlin Service Desk  Unity RLC	(408) 551-3500
Nobli Service Desk  Upperclassmen Housing	(408) 554-4900
San Filippo Service Desk  Xavier RLC	(408) 551-3600
Sobrato Service Desk  Loyola RLC	(408) 551-1806
St. Clare Service Desk	(408) 551-1400
Swig Service Desk  Cyphi RLC	(408) 551-3700
Walsh Service Desk  Unity RLC	(408) 551-3900

BACK TO TOP