Chapter 21: University Policies

Clery Act

Santa Clara University values the safety and well-being of our students, staff, and faculty, and visitors. The University community can only remain safe and secure through the cooperation of community members. By working together, we all can continue to make SCU a safe and welcoming university.

Under the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, Santa Clara University annually collects information about campus crimes and other reportable incidents as defined by the law. This information is made available to assist current and potential students and employees in making informed decisions regarding their attendance or employment at the University. It is the policy of Santa Clara University that the campus community will be informed on a timely basis of all reports of crime and other information affecting the security of our campus and the personal safety of our students, faculty, staff, and guests.

For more information about campus safety policies, procedures, and statistics concerning campus crime, please see the Annual Security & Fire Safety Report (www.scu.edu/clery).

Child Abuse and Neglect Reporting Act (CANRA)

The University strives to safeguard the well-being of all children and encourages all members of the University community who observe, have actual knowledge of, or reasonably suspect child abuse or neglect at a University facility or perpetrated by University personnel to promptly report the concern to appropriate law enforcement, external officials, and university officials.

The Child Abuse Neglect and Reporting Act (CANRA) requires that employers of mandated reporters promote identification and reporting of child abuse or neglect. Mandated Reporters under CANRA are responsible for reporting the incident themselves. They are not required to investigate any known or suspected cases of abuse.

It is the policy of Santa Clara University that all university employees (as well as volunteers and independent contractors) who, in the course of their business or volunteer activity, have reasonable suspicion of child abuse or neglect are required to make a report. This policy applies to all Santa Clara University locations and all University-sponsored or hosted programs, events, and activities, including study abroad programs. Please note that information learned through any confidential communications made to a clergy member subject to the clergy-penitent privilege is not required to be reported. For more information or questions related to this policy, please contact the Office of Equal Opportunity and Title IX (https://www.scu.edu/title-ix).

Communication by the University to Students

The University will communicate with students through a variety of formats. Information that is sent to students from the University via their campus mailbox, local address, or their Santa Clara email address is considered official communication and should be treated as such. Students are asked to check their campus mailbox and their Santa Clara email account on a daily basis, and are responsible for reading and responding to the information they receive from the University. The University urges students to use their Santa Clara email address as their primary email; students who will not be checking that address regularly should forward their email to their preferred email account.

Consensual Relations Between Employees and Students

In addition to prohibiting sexual harassment under the Policy on Discrimination, Harassment Sexual Misconduct, the University prohibits any consensual dating, romantic, or sexual relationship between an employee and a student over whom that employee has any instructional, supervisory, advising, or evaluative responsibility. Such a relationship is fraught with problems, including the potential for exploitation, favoritism, and conflict of interest. The appearance of impropriety or unfairness may also adversely affect the learning and work environment for other students and employees. This policy applies to faculty, staff, and student employees. Employees who violate this policy are subject to sanctions for misconduct under the policies of the Faculty Handbook, Staff Policy Manual, or Student Employment Handbook, as appropriate to their employment status. Employees or students with questions about this policy should contact the Director of Equal Opportunity and Title IX or the Department of Human Resources.

Drug-free Workplace and School Program

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 at 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 and the Department of Human Resources.

Notice of Student Rights under the Family Educational Rights and Privacy Act

The Family Educational Rights and Privacy Act of 1974 (FERPA) is the federal law that protects the confidentiality of the educational records of students maintained by the University and affords students certain rights with respect to those records. A student is any person who attends or has attended a class at the University, which includes courses taken through videoconference, satellite, internet, or other electronic and telecommunication technologies. Students’ rights under FERPA include:

The right to inspect and review educational records

Students have the right to inspect and review their education records. Students should submit a written request to the Office of the Registrar that specifies what records the students would like to inspect and review. Within 45 days of receipt of the request, the Office of the Registrar will make arrangements for access and will notify students of the time and place where the records may be reviewed.

The right to seek amendment to educational records

Students have the right to request the amendment of their educational records to ensure that those records are not inaccurate, misleading, or otherwise in violation of students’ privacy or other rights. Students who wish to seek an amendment to a record should write to the University Registrar, clearly identify the part of the record they want changed, and specify why it should be changed. If the University decides not to amend the record as requested, the University will notify students in writing of the decision and their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to students when notified of the right to a hearing.

The right to consent to disclosure of educational records

Students have the right to consent to the disclosure of personally identifiable information contained in their educational records. In some instances, the University may disclose personally identifiable information from a student’s educational record without the student’s consent. One such instance is to a school official who has a legitimate educational interest in the record. A school official is a person employed by the University in an administrative, supervisory, academic, research, or support staff position; a person elected to the Board of Trustees; or a person or entity under contract with the University who has been designated a school official by the University and is performing specific duties for the University that require a legitimate educational interest.

A school official has a legitimate educational interest if the official needs to review any educational records in order to fulfill his or her professional responsibility.

The University is authorized under provisions of FERPA to release directory information without the student’s prior consent, unless a student explicitly requests in writing that the University not do so and keep directory information confidential.

Directory information is designated as follows:

  • Name
  • Address: Campus post office box, local, and permanent addresses (residence hall and room numbers are not disclosed)
  • Telephone number
  • Email address
  • Photograph
  • Date and place of birth
  • Major field of study
  • Classification level/academic standing
  • Dates of attendance (defined as academic year or quarter)
  • Participation in officially recognized activities and sports
  • Weight and height of members of athletic teams
  • Degrees (including expected or actual degree date), honors and awards received, and dates
  • Most recent educational agency or institution attended

Students may submit a Request to Prevent Disclosure of Directory Information form to the Office of the Registrar, which directs the University not to disclose directory information. Once filed, the nondisclosure remains in effect until the beginning of the next academic year or a shorter period if designated by a student. Graduating students must notify the Office of the Registrar in writing to remove the nondisclosure from their record.

Former or current borrowers of funds from any Title IV student loan program should note carefully that nondisclosure will not prevent the University from releasing information pertinent to employment, enrollment status, current address, and loan account status to a school lender, subsequent holder, guarantee agency, the United States Department of Education, or an authorized agent.

The right to file a complaint with the U.S. Department of Education

Students have the right to file a complaint with the United States Department of Education concerning alleged failures by the University to comply with the requirements of FERPA. Written complaints should be directed to the U.S. Department of Education, Student Privacy Policy Office, 400 Maryland Ave., SW, Washington D.C. 20202-8520.

For further information regarding Santa Clara University’s FERPA policy, please refer to www.scu.edu/ferpa/scu-ferpa-policy/, or contact the Office of the Registrar.

Equal Opportunity, Nondiscrimination and Sexual Harassment Policies

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/or 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.

NOTE: The Department of Education issued proposed Title IX regulations in 2022. The University will update relevant policies and procedures including the Gender-Based Discrimination and Sexual Misconduct Policy to ensure compliance and will post revisions online at www.scu.edu/title-ix.

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 drugs 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 when acting in their role as clergy (ie. the act of confession). Confidential means that what a reporting party shares will not be communicated with anyone else 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/dating violence (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:

Other campus non-confidential 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,
  • Office of Accessible Education (OAE),
  • The Career Center
  • Campus Ministry, and
  • Faculty

All staff and faculty members, except those within the Confidential Resources section (Wellness Center Staff, CAPS Clinicians, and Clery when acting in that capacity) are mandatory reporters and are required to report incidents to the Director of Equal Opportunity and Title IX, who will contact the impacted person to provide information about supportive measures, resources, and the resolution options. A report to the EO and Title IX Office does not automatically initiate an investigation. At the time a report is made, a complainant does not have to decide whether or not to request supportive measures or participate in an investigation or University resolution process.

Notice of Nondiscrimination

Santa Clara University's fundamental principles of academic excellence through diversity and inclusion are central to the University's Jesuit, Catholic values, and require us to provide a workplace and educational environment free from discrimination. In accordance with federal and state law, Santa Clara University does not discriminate and prohibits discrimination against any individual on the basis of race, ethnicity, nationality, religion, age, gender, 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 characteristics), pregnancy (including childbirth, breastfeeding, and related medical conditions), or other protected classes under the law. This policy, therefore, affects employment policies and actions, as well as the delivery of educational services at all levels and facilities of the University including admissions, scholarships and loan programs, athletics, hiring, promotion, job assignment, retention, and compensation. The University will promptly investigate all complaints of protected class discrimination, sexual harassment, sexual misconduct, and related retaliation in accordance with University's Policy on Discrimination, Harassment and Sexual Misconduct and applicable federal and state laws.

Title IX of the Education Amendments of 1972

Title IX of the Education Amendments of 1972 ("Title IX"), 20 U.S.C. §1681 et seq., is a Federal civil rights law that prohibits discrimination on the basis of sex in education programs and activities. Santa Clara University is committed to providing an environment free from discrimination based on sex and provides a number of resources and services to assist students, faculty, and staff in addressing issues involving sex discrimination. Under Title IX, discrimination on the basis of sex can include sexual harassment or forms of sexual violence, such as rape, sexual assault, domestic violence, dating violence, sexual exploitation, and stalking also prohibited by University Policy.

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

Aaron Zisser, Director, Office of Equal Opportunity and Title IX Coordinator \ Santa Clara University\ Office of Equal Opportunity and Title IX\ 500 El Camino Real\ Santa Clara, CA 95053\ Office Location: Loyola Hall, Suite 140, 425 El Camino Real, Santa Clara, CA 95053\ Main Office: 408-551-3043 | Direct Line: 408-551-3521\ Email: azisser@scu.edu \ Web: www.scu.edu/title-ix

Sex discrimination claims or other inquiries concerning the application of Title IX of the Education Amendments of 1972 and its implementing regulations may also be directed to the Director of Equal Opportunity and Title IX, the Assistant Secretary, Office for Civil Rights or both, and to the Equal Employment Opportunity Commission (EEOC), and/or the California Department of Fair Employment and Housing (DFEH).

Americans with Disabilities Act / Section 504 of the Rehabilitation Act of 1973

Santa Clara University, in compliance with state and federal laws and regulations including Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act (ADA), and the Americans with Disabilities Act Amendments Act (ADAAA) does not discriminate on the basis of disability in administration of its education-related programs and activities. The University is committed to providing individuals 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 equal access to academic courses, programs, activities, services and employment opportunities, and strives in its policies and practices to provide for the full participation of individuals with disabilities in all aspects of University life.

For information concerning policies and procedures for students with disabilities, see the Office of Accessible Education (OAE) website, https://www.scu.edu/oae/. Students with disabilities who are registered with the OAE office may be qualified to receive accommodations, auxiliary aids or services based on supporting documentation. To register with OAE, contact the Director at 408-554-4109 or by email at oae@scu.edu. Faculty and staff should contact Human Resources for information on how to request employee disability-related accommodations, auxiliary aids or services, https://www.scu.edu/hr/.

Students, faculty, and staff who believe they have been subjected to unlawful discrimination on the basis of disability, or have been denied access to services or accommodations required by law, should contact the Director of Equal Opportunity and Title IX, https://www.scu.edu/title-ix/.

Policy for Withdrawal for Health Reasons

Withdrawal for Health Reasons

Students may experience an illness, injury, or psychological condition that significantly impairs their ability to function successfully or safely in their role as students. In these instances, the Policy for Withdrawal for Health Reasons allows time away from the University for treatment and recovery until functioning is restored to a level that will enable the student 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 withdrawal. They differ according to who initiates the action, whether it is voluntary or not, and the re-enrollment procedures.

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 as stated in the Student Handbook.

results matching ""

    No results matching ""