Santa Clara University

University Policies

Student Freedom of Expression

Freedom of expression at Santa Clara University implies the right of students to present ideas in the spirit of developing knowledge and pursuing truth. Examples of freedom of expression are debates, speeches, symposia, public posting of signs and handbills, petitioning, dissemination of printed matter, and the invitation of guest speakers to address the University community. The exercise of freedom of expression implies the freedom to associate with other members of the University community, to form registered student organizations, and to participate in activities sponsored by those organizations. The University shall not, without due cause, impair or abridge the right of exercise of freedom of expression beyond the regulation of time, place, and manner of that expression.

Copies of the full text of the Santa Clara University Student Freedom of Expression 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 Web site: www.scu.edu/cs.

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

Unlawful harassment 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

Santa Clara University combines its policies complying with the Drug-Free Workplace Act of 1988 and the Drug-Free Schools and Campuses Act Final Regulations of 1990 into a unified policy for awareness and prevention of alcohol and other drug problems. The Santa Clara University environment is one in which there are responsibilities and freedoms governed by policies and codes of behavior, including sanctions for violations of these standards.

Drug-Free Schools Policy
Santa Clara University has a standard of conduct that prohibits the unlawful possession, use, or distribution of illicit drugs and/or alcohol by students and employees on Santa Clara University property or as a part of Santa Clara University activities. The University will impose disciplinary sanctions on students and employees ranging from educational and rehabilitation efforts up to and including expulsion or termination of employment and referral for prosecution for violations of this standard of conduct.

Contact Information
The Office of Student Life can provide information related to the disciplinary sanctions in place for violation of this policy. The Cowell Health Center has information related to the effects of alcohol, information on alcohol and drug counseling, and information on referrals for alcohol and drug treatment. The Campus Safety Services department maintains a list of applicable legal sanctions under federal, state, or local laws for the unlawful possession or distribution of illicit drugs and alcohol.

Drug-Free Workplace Policy
It is the goal of Santa Clara University to maintain a drug-free workplace. To that end, and in compliance with the Drug-Free Workplace Act of 1988 (Public Laws 100-440 and 100-190), the University has adopted the following policies:

• Unlawful manufacture, distribution, dispensing, possession, or use of controlled substances is prohibited in the workplace.
• Employees who violate this prohibition are subject to corrective or disciplinary action as deemed appropriate, up to and including termination.

As an ongoing condition of employment, employees are required to abide by this prohibition, and to notify Human Resources of any criminal drug statute conviction they receive for a violation occurring in the workplace. Notification must be provided in writing no later than five days after such a conviction.

If an employee receives such a conviction, the University shall take appropriate disciplinary action against the employee, up to and including termination, or require the employee to participate satisfactorily in an approved drug-abuse assistance or treatment program.

Human Resources makes available information regarding drug counseling and treatment.

SEXUAL ASSAULT PROTOCOL

The University Sexual Assault Protocol describes the protocol of actions to be taken in the event of the report of a sexual assault. Copies of the protocol, as well as assistance and referral to available resources, are available in the Office of Student Life in Benson Center, room 205. Students are encouraged to report any case of sexual assault.

COMPUTING RESOURCES POLICIES

General guidelines for use of computing and communication facilities on campus are based on principles of etiquette, fairness, and legality. In making use of these resources, students should respect the rights of others to enjoy equal access to the facilities; refrain from malicious or annoying behavior; and observe state and national laws, including those related to intellectual property and copyright issues. More detailed information about policies related to use of computing and communication resources is available from Information Technology, or on the campus Web site at: http://it.scu.edu/policies/homepage.shtml.

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 opening.

PSYCHOLOGICAL EMERGENCIES

A student who is believed to be an immediate life-threatening danger to himself/herself or to others, due to psychological difficulties, may be required to obtain professional evaluation and treatment. This decision will be made by the dean of student life or his/her designee, in consultation with the appropriate mental and physical health professionals and other staff as is deemed necessary. Failure to comply with this requirement may result in disciplinary action or mandatory withdrawal from the University. Staff members in the Counseling Center are available for assistance with psychological emergencies.

You can read about student policies in the Student Handbook online at www.scu.edu/studentlife/osl/ or pick up a copy from the Office of Student Life, Benson Center, Room 205.