University Policies
Speaker Policy
The purpose of this policy is to ensure 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
Liability and Property Insurance
Except by expressed arrangement with the University, the University's insurance does not cover students' liability or students' personal property. Students may wish to seek the services of their personal insurance agent to arrange for such coverage.
Student Parking
Parking on campus requires a valid parking permit at all times. Parking permits are available for purchase at Campus Safety Services (located in the parking structure) between 8 a.m. and midnight, seven days a week. Call 408-554-4441 for further information.
Copies of the current rules are contained in the Parking Plan, which can be found at Campus Safety's website.
Title IX and Americans with Disabilities Act
The Americans with Disabilities Act, as amended requires that the university ensure that all students have equal access to academic and university programs. Students with disabilities who are registered with the Disabilities Resources Office may be qualified to receive an accommodation, auxiliary aid or service based on supporting documentation. The federal department of education has issued a clarification of laws associated with Title IX and class attendance to be in compliance with Title IX, a school must offer appropriate accommodation to a student whose absence is related to pregnancy or childbirth for as long as the student's doctor deems the absence to be medically necessary.
See "supporting the academic success of pregnant and parenting students under Title IX of the Education Amendments of 1972," U.S. Department of Education, Office for Civil Rights, June 2013.
Nondiscrimination Policy
Santa Clara University prohibits discrimination and harassment on the basis of race, color, religious creed, sex, gender, gender expression, gender identity, 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, genetic information, 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 University's grievance procedures covering discrimination and harassment complaints should be directed to:
Belinda Guthrie EEO and Title IX Coordinator Office of EEO and Title IX Santa Clara University 900 Lafayette Street, Suite 100 Santa Clara, CA 95050
408-554-4113 bguthrie@scu.edu
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.
Gender Based Discrimination and Sexual Misconduct Policy Purpose Statement
Santa Clara University is committed to providing an environment free of gender-based discrimination, including sexual harassment, sexual misconduct, sexual violence and assault, relationship (dating and domestic) violence, and stalking. The University provides resources and reporting options to students, faculty, and staff to address concerns related to gender-based discrimination and sexual misconduct prohibited by Title IX and University policy, and, through training and education, works to prevent its occurrence. The University seeks to provide a consistent, caring, and timely response when sexual and gender-based misconduct occurs within the University community. When the University becomes aware of allegations of sexual misconduct, it will take prompt and effective action. This action may include an initial assessment of safety and well-being, implementing interim remedies at no cost to the complainant for protection and support, discussing how the complainant wishes to proceed, initiating an investigation, and identifying appropriate avenues for resolution. The University's response will be overseen by the EEO and Title IX Coordinator.
The University's Gender-Based Discrimination and Sexual Misconduct Policy applies to all students, faculty, and staff, and includes any individual regularly or temporarily employed, studying, living, visiting, or serving in an official capacity at Santa Clara University (including volunteers and contractors). The policy applies to both on-campus and off-campus conduct and to online actions that have a potential or actual adverse impact on any member of the University community, or which substantially interfere with a person's ability to participate in University activities, or which could affect a substantial University interest or its educational mission.
Policy Statement on what Constitutes Consent
The University adheres to California's definition of affirmative consent for sexual activity. "Affirmative consent" means affirmative, conscious, and voluntary agreement to engage in sexual activity. Under this definition, "No" always means "No." "Yes" means "Yes" only if it is a clear, knowing, and voluntary consent to any sexual activity. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent. Fully informed consent means that a person understands the details of a sexual interaction (who, what, when, where, why, and how).
It is the responsibility of each person involved in the sexual activity to ensure that he or she has the affirmative consent of the other or others to engage in that activity. Consent can be given by words or action, but non-verbal consent is not as clear as talking about what a person does or does not want sexually. Consent to some form of sexual activity cannot be automatically taken as consent to any other form of sexual activity. Silence--without actions demonstrating permission--cannot be assumed to show consent. Consent is also not voluntary if forced or coerced.
Coercing a person into sexual activity violates the University's policy in the same way as physically forcing someone into sexual activity. Because alcohol or drug use can impair the capacity to consent, sexual activity while under the influence of alcohol or drugs raises questions about consent. It shall not be a valid excuse that the accused (hereafter "respondent") believed that the reporting party (hereafter "complainant"), affirmatively consented to the sexual activity if the accused knew or reasonably should have known that the complainant was unable to consent to the sexual activity.
Reporting Options
There are several ways to report an incident of gender-based discrimination, sexual misconduct, sexual violence, intimate partner violence, and stalking.
For immediate, emergency assistance or to report a crime, students should call the City of Santa Clara Police Department: dial 911 or call Campus Safety Services: dial 408-554-4444.For immediate, emergency assistance or to report a crime, students should call the City of Santa Clara Police Department: dial 911 or call Campus Safety Services: dial 408-554-4444.
Students wishing to seek confidential assistance may do so by speaking with professionals who have the privilege of maintaining confidentiality except in extreme cases of immediacy of threat or abuse of a minor. Confidential resources include on- and off-campus mental counselors, health service providers, advisors available through the University's Violence Prevention Program, local rape crisis counselors, domestic violence resources, and members of the clergy and chaplains.
Students may report incidents and seek support from University officials, including the EEO and Title IX Coordinator, Office of Student Life, Residence Life (including Community Facilitators, Resident Directors, Assistant Resident Directors, Neighborhood Representatives, and Assistant Area Coordinators), Spirituality Facilitators, Housing, Athletics and Recreation, Center for Student Leadership, Drahmann Center, Disability Resources, Career Center, and Campus Ministry. Theses University resources are required to report incidents to the EEO and Title IX coordinator, who will oversee investigation and resolution process. At the time a report is made, a complainant does not have to decide whether or not to request disciplinary action.
For more information about reporting, response, and adjudication, please see the University's Gender-Based Discrimination and Sexual Misconduct Policy or contact the EEO and Title IX Coordinator, Belinda Guthrie, 408-554-4113, bguthrie@scu.edu.
Computing and Electronic 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 at it.scu.edu/policies/NetPolicy.shtml, or from Information Technology.
Smoke Free and Tobacco Free Policy
Santa Clara University has adopted a smoke-free and tobacco-free policy on the University campuses in Santa Clara and Berkeley. All University faculty, staff, students, and visitors are covered by this policy. In addition, all persons using University facilities are subject to this policy.
The term "smoking" means inhaling, exhaling, burning, or carrying of any lighted or heated tobacco product, as well as smoking substances other than tobacco, or operating electronic smoking devices and other smoking instruments. "Tobacco product" means all forms of tobacco, including
but not limited to cigarettes, cigars, pipes, hookahs, electronic smoking devices, and all forms of smokeless tobacco. "Tobacco-related" means the use of a tobacco brand or corporate name, trademark, logo, symbol, motto, or advertising message that is identifiable with the ones used for any tobacco product brand or company which manufactures tobacco products.
General Rules:
Smoking is prohibited.
The use of tobacco products is prohibited.
Sale and advertising of tobacco products and tobacco-related products are prohibited.
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 the policy.
Contact the Office of Student Life for a copy of the entire Policy for Withdrawal for Health Reasons.