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 ìAmplification of Sound.î)
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.
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: www.scu.edu/cs.
Title IX and Americans With Disabilities Act
The Americans with Disabilities Act, as amended requires that the university ensure that all students have equal access to academic and university programs. Students with disabilities who are registered with the Disabilities Resources Office may be qualified to receive an accommodation, auxiliary aid or service based on supporting documentation. The federal department of education has issued a clarification of laws associated with Title IX and class attendance. to be in compliance with Title IX, a school must offer appropriate accommodation to a student whose absence is related to pregnancy or childbirth for as long as the student’s doctor deems the absence to be medically necessary.
See “supporting the academic success of pregnant and parenting students under Title IX of the Education Amendments of 1972,” U.S. Department Of Education, Office For Civil Rights, June 2013.
Santa Clara University prohibits discrimination and harassment on the basis of a person’s actual or perceived race, color, national origin, ancestry, sex, sexual orientation, age, religious creed, physical or mental disability, medical condition as defined by California law, marital status, citizenship status, gender identity, gender expression, genetic information, military or veteran status, or other status 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. The University condemns and will not tolerate such harassment or discrimination against any employee, student, visitor, or guest on the basis of any status protected by university policy or law, and upholds a zero tolerance policy for sexual violence and sexual misconduct.
The University will take prompt and effective corrective action including, where appropriate, disciplinary action up to and including dismissal or expulsion. The university may implement interim measures in order to maintain a safe and non-discriminatory educational environment. Additionally, it is the University’s policy that there shall be no retaliation against a person for alleging discrimination, harassment or sexual misconduct, cooperating with an investigation, or participating in an informal or formal resolution procedure.
The Office of EEO and Title IX is responsible for monitoring the university’s compliance with federal and state nondiscrimination laws, assisting with all aspects of investigating and resolving reported violations of Policy 311: Prevention of Unlawful Discrimination, Unlawful Harassment and Sexual Misconduct. The EEO and Title IX Coordinator is also designated as the ADA/504 Coordinator responsible for coordinating efforts to comply with federal and state disability laws and regulations. The University encourages those who have witnessed or experienced any form of discrimination, harassment, or sexual misconduct to report the incident promptly, to seek all available assistance, and to pursue informal or formal resolution processes as described in this policy. 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
475 El Camino Real, Room 223
Santa Clara University
Santa Clara, CA 95053
A person may also file a complaint within the time required by law with the appropriate federal or state agency. Depending upon the nature of the complaint, the appropriate agency may be the federal Equal Employment Opportunity Commission (EEOC), the federal Office for Civil Rights (OCR), or the California Department of Fair Employment and Housing (DFEH).
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.
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, 475 El Camino Real, Room 223, 408-554-4113, firstname.lastname@example.org, or the Violence Prevention Program Coordinator, Olga Phoenix, 862 Market Street, 408-554-4409, email@example.com.
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.
- 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 or refer to the current student handbook.