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(either via a megaphone or speaker system). Refer to Sound Amplification for complete instructions for obtaining a sound permit.

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 the University's 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 the University's students, faculty, staff, or guests Violation of law
Other conduct 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

During permit hours, all vehicles on campus must have a parking permit. Permit hours are posted at each lot. Daily parking permits are available for purchase at kiosks in the North Campus parking garage, which is located between Franklin and Benton Streets with entrances on Alviso Street and The Alameda.

Copies of the current rules are contained in the Parking Plan, which can be found at Campus Safety's website: https://university-operations.scu.edu/campus-safety/parking-and-transportation-services/

Title IX and Americans with Disabilities Act

Santa Clara University prohibits discrimination on the basis of race, color, ethnicity, ancestry or national origin, religion or religious creed, age (over 40), sex, gender expression, gender identity, sexual orientation, marital status, registered domestic partner status, veteran or military status, physical or mental disability (including perceived disability), medical condition (including cancer related or genetic characteristic), pregnancy (includes childbirth, breastfeeding, and related medical conditions), or any other protected category as defined and to the extent protected by law 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.

Santa Clara University is committed to providing an environment free from discrimination and harrasment. The University will take measures to eliminate this conduct, prevent its recurrent, and address its effects. In the process of doing so, the University provides several resources and services to assist students, faculty and staff in addressing these issues.

The Office of Equal Opportunity and Title IX coordinates and oversees the prompt response, impartial and thorough investigation, and equitable and timely resolution to all instances of discrimination and harassment, sexual harassment, and other forms sexual misconduct involving students, faculty, and staff.

The Equal Opportunity and Title IX Team serves in a neutral role and can speak with all parties involved in a case about their rights. The team can also advise and refer parties to resources and options available both on-and off-campus throughout the response and resolution process.

To request support and assistance, submit an anonymous report, or learn about confidential resources go to The Office of Equal Opportunity and Title IX home page.
For more information about the role of the Office of Equal Opportunity and Title IX, as well as the laws and regulations that guide our practices, please see The Office of Equal Opportunity About Us page.
For more information about the University's equal opportunity, nondiscrimination, harassment, and sexual misconduct policies and procedures, please see The Office of Equal Opportunity Policies page.

Inquiries regarding the University's equal opportunity and nondiscrimination policies may be directed to Jenna Elliott, Interim Director for the Office of Equal Opportunity and Title IX, who serves as the University's designated Title IX Coordinator, ADA/504 Coordinator, and Affirmative Action Officer.

Jenna Elliott, Interim Director, Office of Equal Opportunity and Title IX

Mailing Address: Santa Clara University, 500 El Camino Real, Santa Clara, CA 95053

Office Location: Loyola Hall (North), Suite 140, 425 El Camino Real, Santa Clara, CA 95053

Direct Line: 408-551-3521 | Main Office: 408-551-3043

Email: jrelliott@scu.edu

Title IX of the Education Amendments of 1972

Title IX is a federal civil rights law that prohibits discrimination based on the sex or gender of students and employees in educational institutions that receive federal financial assistance. Title IX states that: "No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving federal financial assistance." Title IX promotes equity in academics and athletics programs and activities, and prohibits all forms of sex and gender-based discrimination, including sexual harassment and sexual violence.

Title IX also prohibits discrimination against a student based on pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery from any of these conditions. Students may request adjustments and accommodations based on pregnancy needs or on a pregnancy-related complication for as long as the the student's doctor deems the accommodation to be medically necessary. Requests for pregnancy-related accommodations can be made at the Office of Accessible Education's website.

Section 504 of the Rehabilitation Act of 1973 and Americans with Disabilities Act (ADAAA)

Santa Clara University is committed to ensuring equal treatment and educational opportunity to students with disabilities, including those with learning disabilities, ADHD, chronic health conditions, traumatic brain injuries, hearing impairments, physical disabilities, psychological disorders, visual impairments, and other health impairments in compliance with Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADAAA). Students with disabilities who are registered with the SCU Office of Accessible Education(OAE) office may be qualified to receive accommodations, auxiliary aids or services based on supporting documentation. To register with OAE, navigate to the OAE website for instructions and resources.

Gender-Based Discrimination and Sexual Misconduct Policy

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 Office of Equal Opportunity and Title IX. 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 interferes with a person's ability to participate in University activities, or which could affect a substantial University interest or its educational mission. For more information about reporting, response, and adjudication, please see the University's Title IX Policies. To request support, submit an anonymous report or learn about confidential resources go to The Office of Equal Opportunity and Title IX's home page.Policy or

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. Since individuals may experience the same interaction in different ways, it is the responsibility of each party to determine that the other has consented before engaging in the activity.

For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct. Reasonable reciprocation can be implied. For example, if someone kisses you, you can kiss them back (if you want to) without the need to explicitly obtain their consent to being kissed back.

Consent can also be withdrawn once given, as long as the withdrawal is reasonably and clearly communicated. If consent is withdrawn, that sexual activity should cease. Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). A current or previous intimate relationship is not sufficient to constitute consent.

Consent is based on the totality of the circumstances evaluated from the perspective of a reasonable person in the same or similar circumstances, including the context in which the alleged incident occurred and any similar previous patterns that may be evidenced. The question of whether the responding party should have known of the reporting party's incapacity is an objective inquiry as to what a reasonable person, exercising sober judgment, would have known, in the same or similar circumstances.

Consent is not voluntary if forced or coerced. Force is the use of physical violence or physical imposition to gain sexual access. Force also includes threats, intimidation (implied threats), and coercion that is intended to overcome resistance or produce consent Coercion is unreasonable pressure for sexual activity.

Sexual activity that is forced is, by definition, non-consensual, but non-consensual sexual activity is not necessarily forced. Silence or the absence of resistance alone is not consent. Consent is not demonstrated by the absence of resistance. While resistance is not required or necessary, it is a clear demonstration of non-consent.

A person cannot consent if they are unable to understand what is happening, asleep, or unconscious for any reason. A person violates this policy if they engage in sexual activity with someone they know to be, or should know to be, physically or mentally incapacitated. This policy also covers a person whose incapacity results from a temporary or permanent physical or mental health condition, involuntary physical restraint, or the consumption of incapacitating drug or alcohol. Incapacitation occurs when someone cannot make rational, reasonable decisions because they lack the capacity to give knowing/informed consent (e.g. to understand the "who, what, when, where, why, or how" of their sexual interaction).

Incapacitation is determined through consideration of all relevant indicators of an individual's state and is not synonymous with (under the) influence, impairment, intoxication, inebriation, blackout, or being drunk. It is not an excuse that the responding party was intoxicated and, therefore, did not realize the incapacity of the reporting party.

Reporting Options

There are confidential and non-confidential reporting options available. Confidential Resources include on and off campus mental counselors, health service providers, local rape crisis counselors, domestic violence resources, and members of the clergy and chaplains. Confidential means that what a reporting party shares will not be communicated with anyone else unless except in extreme cases of immediate threat or abuse of a minor. Confidential on-campus resources include

CAPS, Cowell Center, 408-554-4501; Wellness Center, 862 Market Street, 408-554-4409; and members of the clergy or chaplains. Link to the Office of Equal Opportunity and Title IX to request support or assistance and/or to file an anonymous report.

To report an incident to the University, students may:

Report directly to the Office of Equal Opportunity and Title IX
Report online at https://www.scu.edu/title-ix/reporting/
Report anonymously using EthicsPoint at www.scu.edu/hr/quick-links/ethicspoint/

Other campus reporting options: Students may report incidents and seek support from other University officials, including:

The Office of Student Life,
The Office of Residence Life (including Community Facilitators, Resident Directors, Assistant Resident Directors, Neighborhood Representatives, and Assistant Area Coordinators)
Spirituality Facilitators
The Office of Housing
Athletics and Recreation
The Center for Student Leadership
The Drahmann Center
Disabilities Resources
The Career Center
Campus Ministry

Theses University resources are required to report incidents to the Office of Equal Opportunity and Title IX, which oversees the investigation and resolution process. At the time a report is made, a complainant does not have to decide whether or not to request or participate in an investigation or

University resolution process.

Reporting to Law Enforcement

For immediate, emergency assistance or to report a crime of sexual violence, including sexual assault, domestic/intimate partner violence, and stalking students, contact the Santa Clara Police Department, dial 911, or contact Campus Safety Services at 408-554-4444.

Reporting to the University

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.

Jenna Elliott, Interim Director, Office of Equal Opportunity and Title IX

Mailing Address: Santa Clara University, 500 El Camino Real, Santa Clara, CA 95053

Office Location: Loyola Hall (North), Suite 140, 425 El Camino Real, Santa Clara, CA 95053

Direct Line: 408-551-3521 | Main Office: 408-551-3043

Email: jrelliott@scu.edu

To learn more about Jenna Elliott and the rest of the Equal Opportunity and Title IX team, please visit the Staff page.

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.

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 https://www.scu.edu/is/technology-policies-procedures-and-standards/information-resources-acceptable-use-agreement-/, 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.

Chapter 18: University Policies