Nondiscrimination Policy
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
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
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.