Santa Clara University

University Policies

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.

Copies of the full text of the Santa Clara University Speakers Policy are available in the Office of Student Life, Benson Center, room 205.

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.

POLICY ON DISCRIMINATORY AND SEXUAL HARASSMENT

In June 1995, the Board of Trustees approved a University-wide policy governing discrimination and sexual harassment that applied to all constituencies: students, faculty, and staff. This policy is still in effect as it pertains to faculty and students. The appeals process in that policy was rendered obsolete in October 1998 with the adoption of the new policy manual for staff. The proposed policy below reflects the new appeals process recommended by the Staff Affairs University Policy Committee (SAC). Other changes to the policy, as it pertains to staff, reflect clarifications arising out of recent case law, etc. While the University policy is in proposed status pending review by the appropriate faculty and student policy committees, it is in effect as it pertains to staff employment. In the event of a complaint involving a staff member and either a faculty or student respondent, the respective faculty or student process from the 1995 policy will be followed. Should the faculty or student review committees recommend changes to the University policy that would affect staff also, they will be reported to the SAC for consideration, review, and action.

I. PREVENTION OF UNLAWFUL HARASSMENT AND DISCRIMINATION STATEMENT

Santa Clara University is dedicated to:

• An uncompromising standard of academic excellence and an unwavering commitment to academic freedom, freedom of inquiry, and freedom of expression in the search for truth
• Being a community enriched by men and women of diverse backgrounds, respectful of difference and enlivened by open dialogue, caring and just toward others, and committed to broad participation in achieving the common good and discrimination subverts these University ideals. Any behavior constituting unlawful harassment or discrimination toward any individual in the course of any University-administered program, job, or activity is prohibited. The University does not tolerate unlawful harassment or discrimination, and will take prompt and effective corrective action including, where appropriate, disciplinary action up to and including dismissal or expulsion. The University’s policy applies to University staff, students, and faculty, and all other individuals engaged with University activities.

Nonharassment
Harassment includes verbal, physical, and visual forms of harassment, and conduct related to sexual favors, based upon a person’s protected status, including race, color, national origin, ancestry, gender, sexual orientation, age, religious creed, physical and mental disability, medical condition, marital status, citizenship status, or other status protected by law.

Verbal harassment includes conduct such as epithets, insults, and derogatory comments. Physical harassment includes conduct such as assault, impeding or blocking movement, or any physical interference with normal work or movement. Visual forms of harassment include derogatory posters, cartoons, or drawings. Conduct related to sexual favors includes unwanted sexual advances that condition an employment or other University benefit upon an exchange of sexual favors.

Sexual Harassment Warrants Special Attention
Whether committed by faculty, students, supervisors, or nonsupervisory staff, sexual harassment in the workplace and in the educational environment is prohibited. This includes, but is not limited to, unwelcome acts or statements including sexual advances, touching, propositions, continual verbal commentaries about an individual’s body, sexually degrading words used to describe an individual, and/or the display in the workplace or educational environment of sexual objects or pictures; or other physical, verbal, or visual conduct based on gender when (1) the conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, offensive, or abusive environment; (2) submission to the conduct is an explicit or implicit term or condition of employment; and/or (3) submission to or rejection of the conduct is used as the basis for an employment or academic decision.University officials are empowered and required to address harassing behavior promptly and thoroughly. An individual with a complaint may always directly contact the department head or supervisor; if the problem concerns the department head or supervisor, the individual may contact a next-level supervisor. In addition, the individual may always contact the University’s director of diversity.

An individual’s filing or pursuing a complaint or otherwise reporting or complaining of unlawful harassment or discrimination will not be the basis for any adverse University decisions concerning the individual’s student, faculty, or staff position or status. Retaliation is forbidden.

Nondiscrimination
Decisions regarding conditions of employment including recruitment, hiring, placement, transfer, promotion and termination, and recruitment, retention, and participation in programs by students will not be based on race, color, national origin, ancestry, gender, sexual orientation, age, religious creed, physical and mental disability, medical condition, marital status, citizenship status, or other status protected by law. The University will offer reasonable accommodation to qualified individuals with disabilities to the extent provided by law.

Except to the extent permitted by law, these factors also will not affect the manner in which the University administers personnel policies, programs, and activities such as compensation, promotions, terminations, benefits, training, and recreational programs; nor will they affect the manner in which the University administers student-related policies, programs, and activities such as admissions and extracurricular and recreational programs or activities.

II. PROCEDURE

General
Any faculty, staff, students, or others who believe they have been subjected to unlawful harassment or discrimination in the course of a University-administered program, job, or activity should provide as soon as possible a written or oral complaint to their department head or supervisor, other higher-level University officer, or the Affirmative Action Office.

The person making a complaint (the complainant) should ordinarily include details of the incident(s), name of the person alleged to have engaged in the conduct (the respondent), and the names of any witnesses.

In addition, apart from complaints of unlawful harassment or discrimination, an individual may request general assistance regarding a problem that is not necessarily a complaint of unlawful harassment or discrimination.

University supervisors and managers, including academic personnel with managerial authority on behalf of the University, have a duty to report any conduct that they believe may constitute unlawful harassment or discrimination to the director of diversity and, at their option, to their next-level supervisor.

Informal Resolution
An informal resolution of the complaint may always be pursued as a first step without regard to whether the complaint is determined by the University to be one of unlawful harassment discrimination. The director of diversity will be available to meet with the parties separately and seek to find a resolution that is mutually acceptable to both parties.

The resolution may be one or more of the following, or other appropriate prompt and effective corrective action: the respondent’s reading or listening to a statement made by the complainant; apologizing to the complainant; ending a practice that is harassing or otherwise unacceptable to the complainant; participating in educational programs aimed at correcting behaviors that are harassing to the complainant, etc. The director of diversity will document and maintain records of the agreement and resolution of the issue(s) in the Affirmative Action Office. Every effort should be made to resolve complaints informally, promptly, and within 30 days of receipt of the complaint.

If a mutually acceptable informal resolution is not reached within 30 days, or otherwise in a manner necessary to promptly and effectively correct unlawful harassment or discrimination, the director of diversity may recommend that the informal resolution stage of the procedure conclude.

Formal Resolution
If the informal resolution stage ends without a satisfactory conclusion, the director of diversity or his/her designee may conduct a formal investigation or take other action necessary to effect prompt and effective corrective action. In appropriate circumstances, the President or other appropriate University officer may designate an alternative investigator acting on behalf of the University.

The University investigation of the complaint will be timely and thorough. When the investigation is completed, the director of diversity or his/her designee will make a timely report of the matter, with evidentiary findings, to the appropriate University officer, who will determine the appropriate resolution, including prompt and effective corrective action, if any. In the case of a respondent student, the appropriate University officer is the assistant dean of students. In the case of a respondent staff member, the appropriate University officer is the assistant vice president for human resources. In the case of a respondent faculty member, the appropriate University officer is the provost.

The individuals involved will be informed of the action taken by the University at the conclusion of the formal stage to the extent appropriate considering the privacy of the individuals involved.

Appeal Procedure
In the event of dissatisfaction with the result of the formal procedure, a staff member, student, or faculty member who is a complainant or respondent may appeal the decision. In the event he or she believes the result of the formal resolution was unfair or inappropriate under University policy, a written appeal must be submitted to the cognizant officer within 14 working days after being informed of the decision. The vice provost for student affairs is the cognizant officer for student appeals, the vice president for administration and finance for staff appeals, and the provost for faculty appeals. If the vice provost or vice president for administration and finance is the respondent, the appeal is to the president. If the president is the respondent, the officer is the chair of the Board of Trustees.

If the respondent is a faculty member, the matter will be referred to the Faculty Affairs Board. The Faculty Affairs Board will follow the procedures in the Faculty Handbook, except that if the complainant is a staff member, two of the five members of the hearing committee must be staff members.

If the respondent is a staff member, the matter may be referred to neutral arbitration. The staff member and the University will choose any arbitrator by mutual agreement. The arbitrator shall be a qualified professional labor/employment arbitrator. If the parties are unable to agree on the identity of the arbitrator, the staff member shall request a panel of names from JAMS/Endispute of Santa Clara County. The arbitrator shall be chosen from the panel of names by alternate striking of names, beginning with the staff member, until one is left, who shall serve as arbitrator. The University shall be responsible for the professional fees of the arbitrator, unless the staff member objects, in which case the University and the staff member shall each be responsible for 50 percent of the professional fees of the arbitrator. The arbitrator will be authorized to award appropriate remedy under law as to the specific issues submitted; however, the arbitrator shall have no power to add to, subtract from, change, alter, or ignore the provisions of the Staff Policy Manual or any other University policy. The arbitrator’s decision will not be binding unless the staff member and the University mutually choose to execute a written stipulation designating that the arbitrator’s decision is final and binding.

If the respondent is a student, the matter may be referred to the University Board of Appeals. The University Board of Appeals will follow the guidelines for appellate hearings in the Undergraduate Student Handbook.

Confidentiality
All aspects of these procedures are confidential. University personnel may not confirm, deny, or acknowledge to any third parties that any complaint has been filed by a complainant except where required or permitted by law, or otherwise authorized by the University.

Nonretaliation
Any form of retaliation against an individual by any member of the University community is prohibited.

If at any point the University determines that the alleged conduct of the respondent is likely to recur and to cause others severe harm, the University may take reasonable steps to prevent such result prior to the conclusion of the procedures set forth above.

III. RESPONSIBILITY

To achieve the goals of the University policies, each member of the University community must understand and accept responsibility both for fulfilling the ideals of the Statement of Purpose and for honoring the guiding principles. Vice presidents within their areas, together with deans, program chairs, directors, managers, and supervisors, are responsible for promoting progress on the ideal of building a diverse, nondiscriminatory community and initiating creative actions to increase diversity. Academic deans (for faculty), the dean of student life (for students), and the assistant vice president for human resources (for staff) are responsible for monitoring implementation of this policy; the director of diversity is responsible for inquiries regarding federal and state laws, as well as for filing reports required by federal and state law.

IV. RESOURCES

Within the University
The director of diversity in the Affirmative Action Office is Deborah Hirsch. Her office is in Loyola Hall. Her phone number is 408-554-4113. Contact the Affirmative Action Office if you have questions or would like more information about this policy.

Outside the University
Members of the University may file a discrimination or sexual harassment complaint within the time required by law with the federal Equal Employment Opportunity Commission, the federal Office of Civil Rights, or the California Department of Fair Employment and Housing.

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.

SEXUAL ASSAULT AND MISCONDUCT REPORTING PROTOCOL

Purpose Statement
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, includeing sexual assault and sexual misconduct. Sexual assault or misconduct can occur between people of different genders or of the same gender. (For definitions of sexual assault and sexual misconduct, see "Definitions" at the end of this document.)

The following procedures were created to:

• Facilitate the recovery of a sexual assault victim/complainant by providing prompt and compassionate support services
• Create a campus environment that both expedites and encourages the prompt reporting of sexual assaults or misconduct 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 or misconduct prevention
• ncrease the safety of the campus community
• Ensure accurate reporting of crime statistics

Students are encouraged to report all instances of sexual assault or 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.

For information regarding the Campus Sexual Assault Victims’ Bill of Rights consult the Student Handbook .

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, accessibler from Information Technology.

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).

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 purpose of this policy is to set forth the procedures for student withdrawals from the University for reasons of health and/or safety. The University has designated four categories relating to enrollment status. They differ according to who initiates the action, whether it is voluntary or not, and the re-enrollment procedures. Students who withdraw under this policy are strongly encouraged to either purchase or continue purchasing the tuition insurance plan. See “Tuition Insurance Plan” at the end of this section for more details.

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.

Health Withdrawal Categories
For detailed information on the health withdrawal categories, consult the Student Handbook.