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: 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.
The Director 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 Director also tracks incidents and trends involving sexual misconduct, and serves as the principal
contact for government and external inquiries regarding civil rights compliance and Title IX. Inquiries
about this policy or to report an incident of discrimination, harassment, retaliation, or sexual misconduct
should contact:
Belinda Guthrie
Director of Equal Opportunity and Title IX
Office of Equal Opportunity and Title IX
Santa Clara University
Loyola Hall, Suite 140
425 El Camino Real
Santa Clara, CA 95050
(408) 554-3043
www.scu.edu/title-ix/
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
student's doctor deems the accommodation to be medically necessary. Requests for pregnancy-related
accommodations should be directed to Disabilities Resources at 408-554-4109 or to the Director of Equal
Opportunity and Title IX, Loyola Hall, Suite 140, 408-551-3043.
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
Disabilities Resources (DR) office may be qualified to receive accommodations, auxiliary aids or services
based on supporting documentation. To register with DR, contact the Director at (408) 554-4109 or
disabilitiesresources\@scu.edu.
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
Director 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 Gender-Based Discrimination and Sexual Misconduct Policy or contact the
Director of Equal Opportunity and Title IX, www.scu.edu/title-ix.
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 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. Confidential means that what a reporting party shares will not be
communicated with anyone else unless except in extreme cases of immediacy of threat or abuse of a
minor.
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
To report an incident to the University, students may:
Report directly to the Director 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, and
Campus Ministry.
Theses University resources are required to report incidents to the Director of Equal Opportunity and
Title IX, 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 or participate in an investigation or
University resolution process.
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.