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University Standards, Policies, and Procedures

The following standards, policies, and procedures are designed to foster a climate in which students can succeed during their time at the University. All students are expected to familiarize themselves with these standards, policies, and procedures and adhere to them.

Both the Undergraduate Bulletin and the Student Handbook outline the University’s expectations that all members of the University community are expected to be honest in their academic endeavors. Engaging in any form of academic dishonesty or other acts generally understood to be dishonest by faculty or students in an academic context subjects a student to academic and disciplinary action. For more information, please visit Academic Integrity.

Santa Clara University Students affirm the following commitment to academic integrity:

“I am committed to being a person of integrity. I pledge, as a member of the Santa Clara University community, to abide by and uphold the standards of academic integrity contained in the Student Conduct Code.”

Credential Use

The ACCESS Credential serves as Santa Clara University’s multipurpose photo ID which also enables library circulation privileges, facility access, and cashless purchasing both on and off campus. The credential, related accounts, and access privileges are non transferable. The individual identified by the credential is responsible for all usage of their credential and is the only one authorized to present the credential for services, access, or purchases. A student using a credential that does not belong to him or her may have that credential confiscated and may be referred to the Dean of Students Office for disciplinary action. 

Lost/Stolen Credentials and Replacement Fees

The credential holder is responsible for suspending their lost or stolen ACCESS credential immediately. The loss may be reported to the ACCESS Office during business hours. After hours, students can suspend their credentials by contacting Campus Safety Services at 408-554-4441 or by visiting the Online ACCESS Office. The credential holder is responsible for all credential usage prior to the request for credential suspension. If the suspension request is reported within 48 hours of the credential loss, the credential owner’s liability does not exceed $50 in unauthorized charges. If the suspension request is not made within 60 business days of the loss, the credential owner’s liability for unauthorized charges may be limited only to funds available on account. Damaged or defaced ACCESS credentials are no longer valid and must be replaced. A $20 fee is charged to replace a lost, stolen, or damaged credential.

ACCESS Credential Accounts

The credential owner agrees to be bound by all account terms and conditions set forth in the ACCESS Agreement. Except for a $48 printing credit, all ACCESS accounts are debit accounts, and must maintain deposits sufficient to cover the cost of purchases. The credential owner may review recent charges made to their accounts at the Online ACCESS Office

Closing Accounts, Refunds, and Returns

Resident Dining meal plans are nonrefundable and expire at the end of each academic term, the housing contract date, or withdrawal from Santa Clara University.

Dining Plus points are nonrefundable and expire at graduation or separation from the University.

Any returned purchase originally made on an ACCESS account must be credited back to that account. There are no cash refunds or withdrawals from an active ACCESS credential account. The credential owner is charged $25 for any check submitted to the ACCESS Office that is subsequently returned by the bank. An ACCESS credential may be suspended until the returned check is cleared. A deficit balance created by an unresolved or returned check may be charged to a credential owner’s University Bursar Account.

Account Error Resolution

If an error is noticed on an ACCESS receipt or statement, the credential owner should contact the ACCESS Office no later than 60 days after the error appears. If the report is made orally, a written confirmation may be required within 10 days. Investigation results should be available within 10 days of notification; if more time is needed, an investigation may take up to 45 days. If no error is found, a written explanation is provided within three business days after the close of the investigation. The credential owner may request copies of the documents used in the investigation.

The University supports students assuming personal responsibility and accountability for their actions as they learn to establish their independence. The University also recognizes that the process of establishing personal independence requires support and, at times, assistance or intervention. In the appropriate circumstances, notification of parents or legal guardians about an alcohol or controlled substance violation can be a means of support in that transition. Consistent with this approach, the Dean of Students or designee—whenever possible—will involve the student in a discussion about notifying their parents or legal guardian and will inform the student that notification will take place.

The Dean of Students is responsible for determining if and by what means parents or legal guardians will be notified when students under the age of 21 are found to have committed serious or repeated violations of federal, state, or local laws, or of University policies related to the possession, use, or distribution of alcohol or a controlled substance. The Dean of Students may assign the notification of parents or legal guardians to other University officials.

Notification of parents or legal guardians is applicable for violations of federal, state, or local laws, or for violations of any institutional policy regarding alcohol or controlled substances if these violations are also violations of the Student Conduct Code. Notification may also occur in any of the following circumstances:

  • The violation involved harm or threat of harm to self, other persons, or property
  • The violation involved an arrest in which the student was taken into custody
  • The violation suggests a pattern of alcohol or controlled substance abuse
  • The student who committed the violation required medical intervention or transport as a result of consumption of alcohol or a controlled substance
  • The violation resulted in, or could result in the student being disciplined by the University including, but not limited to, the minimum disciplinary sanctions for alcohol and other drug violations, housing contract probation, housing contract cancellation, disciplinary probation, deferred suspension, suspension, or expulsion.

Nothing in these proposed guidelines shall prevent University officials from notifying parents or legal guardians of health or safety emergencies, regardless of the disciplinary status of the student or their age.

 

The Alcoholic Beverage Policy of Santa Clara University is based on the central and fundamental educational focus of the University of creating an environment that fosters learning. The University believes in personal responsibility, moral growth and development, awareness of communal consequences of personal choices, obligation of citizenship, and responsible decision making. The University strives to build a community that is welcoming, hospitable, fair, inclusive, rooted in mutual understanding and appreciation, and respectful of diverse perspectives, traditions, and practices. Therefore, it is critical that the members of the University community be committed to the physical and emotional health and well-being of those who work, study, or congregate at the University. The policy serves as a guide and applies to all members of the campus community including students, parents, staff, faculty, alumni, and guests of the University.

The Alcoholic Beverage Policy is set in the context of the legal requirements governing the sale, consumption, and distribution of alcoholic beverages and in the context of community expectations for, not only upholding the laws, but also sharing responsibility for the safety and welfare of other members of the community. The University will not tolerate disregard for the law, or behaviors and practices that counter the education of the whole person, compromise rigorous and imaginative scholarship, inhibit moral and spiritual development, and constrain the University’s fundamental values. Consequently, the University does not condone underage drinking and considers intoxication, disorderliness, or offensive behavior deriving from the use of alcoholic beverages to be unacceptable, regardless of a person’s age, or on-campus or off-campus status.

To cultivate a campus environment consistent with the stated goals and purposes of an educational institution, the University has adopted the following policies and procedures for the use of alcoholic beverages.

  1. The service and consumption of alcoholic beverages on  the University campus and at University-sponsored events off campus shall be done in compliance with applicable municipal, state, and federal laws and regulations, and  in accordance with University policies and procedures. All persons on the University campus or at any University sponsored event off campus where alcoholic beverages are being served or consumed are expected to abide by and respect all such laws, regulations, policies, and procedures. (See the following section for a partial listing of laws.)
  2. Alcoholic beverages at events held on campus shall be supplied and sold only by the University food service provider or another designated, licensed agent of the University, except in situations covered by No. 5 of this policy. No other individual person or private party shall supply or sell alcoholic beverages at on-campus events  or hold the license for the sale of alcoholic beverages on campus.
  3. Alcoholic beverages shall not be served or consumed in public areas of the University except at authorized University events. Public areas include all indoor and outdoor spaces on the campus except individual residences and private departmental work areas and offices.
  4. Alcoholic beverages shall not be served or consumed at any University-sponsored club sport athletic event or recreational sports activity.
  5. The sponsorship of events by alcoholic beverage companies or distributors is limited to cash donations, donated products (other than those that directly promote or advertise alcoholic beverages) in support of fundraising or other special events as approved by the appropriate vice president, vice provost, or dean; and materials for University educational programs. The use of donated products for events that are held in Benson Memorial Center must also be approved by the University liaison to the food service contractor.
  6. Alcoholic beverages may be served at on-campus events sponsored by University-affiliated student organizations whose membership is predominantly 21 years of age or older and/or at on-campus events specifically for the senior class, provided that University operating funds are not used to purchase the alcohol for the event.
  7. The service of alcoholic beverages at all events on campus shall be in accordance with the Event Management Plan for Events with Alcohol, which should be submitted and approved by the Vice Provost for Student Life or designee.
  8. For student organization-sponsored events off campus that include the service of alcoholic beverages, and that require University approval of the contract or agreement with  the off-campus facility, an Addendum to Agreement must be signed by the service provider and received by the Vice Provost for Student Life or designee. (Copies of this addendum are available in the Center for Student Involvement.)

 

In both practice and policy, Santa Clara University adheres to the requirements of the Americans with Disabilities Act of 1990, as amended 2008 (ADAAA); Section 504 of the Rehabilitation Act of 1973, as amended; and all other federal and state laws and regulations prohibiting discrimination on the basis of disability.

The University is committed to providing individuals with disabilities, including (but not limited to) 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 the academic courses, programs, activities, services, and employment opportunities, and strives in its policies and practices to provide for the full participation of disabled individuals in all aspects of University life.

For information concerning policies and procedures for students with disabilities, see the Office of Accessible Education (OAE) website. Students with disabilities who are registered with the OAE may be qualified to receive accommodations, auxiliary aids, or services. To register with OAE, complete the Office of Accessible Education’s online application.

Faculty and staff should contact Human Resources to request employee disability-related accommodations, auxiliary aids, or services. For more information, please see the Human Resources website.

The University’s ADA Coordinator facilitates compliance with the Americans with Disabilities Act (ADA) Title II regulations and Section 504 of the Rehabilitation Act of 1973. The University’s ADA/504 Coordinator is James Marik, Director, Office of Accessible Education. To contact the ADA Coordinator, please email at adacoordinator@scu.edu.

Students, faculty, and staff who have questions or concerns about (1) disagreements or denials regarding requested services, accommodations, or modifications to University practices or requirements; (2) alleged inaccessibility of a University program or activity; (3) alleged harassment or discrimination on the basis of a disability, and (4) any other alleged disability discrimination should contact the Director of Equal Opportunity and Title IX at 408-551-3043 or by email at titleixadmin@scu.edu. For more information related to these policies and  procedures on discrimination and harassment, see the Office of Equal Opportunity and Title IX website.

Santa Clara University recognizes that a time of bereavement is very difficult and most often unexpected. Grief is a natural response to the experience of loss of someone in one’s life.  How each person copes with grief is unique. An important factor in healing from loss is the support of other people. The University is committed to providing students with support when someone in a student’s life has died. 

The Dean of Students Office (DSO) is available to assist students and connect them with campus resources. If a student needs to be absent from classes due to a bereavement situation, the student, or someone on the behalf of the student, should contact the Dean of Students (DSO). This can be done by:

  • Submitting a CARE Referral to DSO (CARE Referrals are reviewed each business day.)
  • Calling OSL at 408-554-4583, or 
  • Sending an email to DSO@scu.edu.  

Outside of business hours, if there is a need for an immediate response, the On Call DSO team member can be reached by calling Campus Safety Services at 408-554-4441.

The support that DSO can provide for any student is, but not limited to:

  • Assisting a family member with informing a student of a death,
  • Informing the student’s professors and campus employer,
  • Assisting the student with any immediate academic concerns (e.g. missing classes, incomplete assignments, or missing an exam) due to traveling home, or the immediate impact of the death,
  • Connecting the student with campus support services such as: Counseling and Psychological Services, Campus Ministry, or Therapist in Residence, and
  • Serve as the University point of contact for on-going support as needed.

The authority to excuse students from class attendance, assignments, exams, etc. resides only with the professor for each course. DSO can advocate for any student as the student works with each professor. Depending upon the time of the death during the academic quarter and/or the impact of the death on the life of the student, DSO can assist with the student receiving Incompletes in classes, and/or taking a Leave of Absence from the institution. If a student takes a Leave of Absence, DSO can serve as a point of contact for the process to re-enroll, or the student can work directly with the Office of the Registrar.

The University defines a bias incident as any speech, act, or harassing action that targets, threatens, or attacks an individual or group because of its actual or perceived race, color, national origin, ancestry, sex, sexual orientation, age, religious creed, physical or mental disability, medical condition, marital status, citizenship status, gender identity, gender expression, genetic information, military or veteran status, or other status protected by law.

University Response to Bias Incidents Involving Students

A report of a bias incident filed with the University is evaluated through the Student Conduct System and the Policy on Discrimination, Harassment, and Retaliation (Other Than Sex-Based). The University reserves the right to review all student conduct that occurs on and off-campus when such behavior is inconsistent with the Student Conduct Code. 

Possible disciplinary actions for students found responsible for committing a bias incident or hate crime include educational actions, disciplinary probation, suspension, and expulsion. When applicable, student employees are also subject to termination of employment at the discretion  of their supervisor.

Please note that bias incidents occurring in the context of employment at the University will be addressed by the Office of Human Resources and the Office of Equal Opportunity & Title IX. Contact the Director of Equal Opportunity and Title IX at titleixadmin@scu.edu or 408-551-3043.

Reporting Process

IF A HATE CRIME IS IN PROGRESS OR JUST OCCURRED, CALL CAMPUS SAFETY AT 408-554-4444. If applicable, the University process is independent of a criminal investigation and court proceedings involving incidents that may be hate crimes in violation of the law.

A bias incident can be reported in one of the following ways:

  • Dean of Students Office, 8 a.m. to 5 p.m. at 408-554-4583 or Benson Memorial Center #205. 
  • Campus Safety at 408-554-4444. Any Campus Safety officer can take a report and will forward the information to the Dean of Students Office.
  • Office of Equal Opportunity and Title IX at 408-551-3043,  titleixadmin@scu.edu, or Loyola Hall suite 140.
  • The Bias Incident Reporting Form is an online reporting tool that is submitted to the Office of Equal Opportunity and Title IX. When appropriate, the Dean of Students Office and other campus partners may be asked to assist with addressing concerns.
  • The Discrimination, Discriminatory Harassment, Sexual Harassment, and Retaliation Report is submitted to the Office of Equal Opportunity and Title IX. The report allows a student to request supportive measures and connect with the Office to discuss resolution options.
  • The Ethicspoint online incident reporting tool is an anonymous way to file incident reports of bias, discrimination, and harassment. When the form is used to report such allegations, it is forwarded to the Office of Equal Opportunity and Title IX.

After a report is filed, the University will conduct an in-depth inquiry that may include interviewing individuals involved or potential witnesses, or complaints. Acts of retaliation against any person filing a report are prohibited and will be subject to appropriate disciplinary action by the University.

The University will provide assistance and support to the reporting party(ies) and complainant(s) including receiving: 

  • Information about the University’s response in a  timely manner
  • Information about access to counseling from the University’s Counseling and Psychological Services
  • Information and assistance about safety planning including access to campus escorts from Campus Safety Services for as long as the reporting party(ies)(s) feel(s) the service is needed
  • Information about community resources such as social services, counseling services, or legal support 

Definitions

  • Reporting Party: An individual who provides information about any bias incident/hate crime to a University official. The reporting party can be any person who witnessed the incident, the complainant, a friend, or advocate of the complainant.
  • Complainant: An individual who is the object of an unwanted act, crime, or incident and who has filed a report or formal complaint with the University.
  • Respondent: An individual who is allegedly responsible for committing and/or participating in the bias incident.
  • Witness: An individual who was present while the bias incident was taking place and who can provide a first-hand account of what occurred.
  • Hate crimes are motivated by bias and include a definable crime such as threats of violence, property damage, personal injury, and other illegal conduct.

 

The following standards are for the safety of all resident and nonresident students. Violation of many of these standards  is also punishable by local and state law. In compliance with California Health & Safety Code § 13160, all occupants must evacuate a building immediately whenever a fire alarm sounds. Be familiar with the evacuation routes in any building in which you spend time.

Specific procedures are:

  • Exit immediately via the route shown on the nearest evacuation map (Title 24 § 1003.6 prohibits elevator use).
  • Lock your door and take your ACCESS key credential or Mobile Credential if you are a resident and in your room at the time the alarm sounds.
  • Use stairways; do not use elevators.
  • Once outside, move to your designated emergency assembly point.
  • Do not re‐enter the building until the all-clear is given by Campus Safety or the Fire Department, as outlined in Title 19 CCR § 3.08.

Failure to evacuate for an alarm is a violation of city and state ordinances and will be treated as a serious violation of the Student Conduct Code.

Fire alarms and fire-safety equipment save lives and property. Under California Health & Safety Code § 13177, initiating a false alarm or tampering with equipment is a misdemeanor punishable by up to $1,000 and/or six months in jail, in addition to University sanctions and Santa Clara City Ordinance No. 103.4.

If you smell smoke or detect a fire, activate the nearest alarm and call or text 911 immediately from a safe location on or off campus. Before opening any door, use the back of your hand to see if it is hot. If it is hot, leave it closed and stuff wet towels or clothes in the cracks and open a window. If the door is not hot, open it slowly and be prepared to close it quickly if necessary. Exit the building cautiously and carry a blanket or towel to protect you from flames and smoke. Do not use elevators. If you see or smell smoke in a hall or stairway, use another exit. If you have knowledge of what may have caused a building evacuation, please immediately notify University staff.

On November 8, 2016, voters in California passed Proposition 64, thereby allowing persons who are 21 and older to possess, transport, and buy up to 28.5 grams of cannabis and use it  for recreational purposes.

The Bureau of Cannabis Control is the state agency responsible for regulating and licensing cannabis sales. It continues to be illegal to smoke cannabis in public and at locations where tobacco use is outlawed, such as restaurants, and within 1000 feet of a school, daycare or youth center when children are present. It is also illegal for motorists to smoke cannabis while driving.

Despite the change in state law regarding cannabis, Santa Clara University’s policy remains unchanged: use and possession of cannabis on campus or in association with any university-sponsored or affiliated activity or program is prohibited. The policy complies with the federal Drug-Free Schools and Communities Act. Under this federal law, as a condition of receiving federal funds, an institution of higher education such as Santa Clara University must certify that it has adopted and implemented a program to prevent the unlawful possession, use or distribution of illicit drugs and alcohol by students and employees on campus and as part of its activities and programs. At the federal level, this law includes any amount of cannabis.

California Proposition 215, passed in 1996, allows for the use of cannabis for medical purposes. Students who qualify under Proposition 215 to use cannabis for medical purposes are not permitted to possess, store, provide, or use the cannabis on university-owned or controlled property (including, but not limited to, residence halls, academic buildings, athletic facilities, and parking lots), or during a university sanctioned activity, regardless of the location.

Propositions 215 and 64 create a conflict between state and federal laws. When state and federal laws are in conflict, federal law takes precedence. If Santa Clara University does not comply with federal law and regulations on cannabis possession and use on campus and in university programs and activities, it risks losing federal funds for student financial aid, faculty research and other important programs and services. Thus, the Santa Clara University must continue to abide by federal laws and regulations and university policy barring the use and possession of any amount of cannabis on campus or in association with any university-sponsored or affiliated activity or program.

Students who fail to follow this policy are in violation of the Student Conduct Code and are subject to disciplinary action.

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 the 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 Human Resources (https://www.scu.edu/hr/).

Communicable diseases may be a potential health problem for the University population. As with any community, students studying and functioning in close proximity to one another are susceptible to communicable diseases. Communicable diseases are transmitted from one person to another by direct contact, through inhalation of infectious droplets, or through contact with contaminated objects.

Student Medical Services provides evaluation, diagnosis, and treatment of infectious disease.

One measure to prevent communicable diseases is to maintain appropriate immunizations/vaccinations. A complete list of required immunizations can be found at scu.edu/immunizations.

Depending on the diagnosis, students diagnosed with certain communicable diseases may be asked to self isolate during the infectious period of their illness. There is no provision made by the University for offering accommodations to contagious students who are required to leave the residence halls. Off-campus housing and travel arrangements are made at the student’s expense.

Student Medical Services routinely communicates and coordinates with the Santa Clara County Public Health Department. Should a communicable disease occur that requires campus-wide notification and/or treatment, Student Medical Services would coordinate this process with the Public Health Department, as needed.

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, security 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, take reasonable and responsible measures to protect confidential/sensitive information, and abide by state and national laws, including those related to intellectual property and copyright. When you join the SCU community, you are provisioned with credentials (IDs and passwords) that allow you access to a wide variety of University resources. These credentials should never be shared with others. More details are available in the University’s Network and Communications Policies and Guidelines website, or available from Information Technology.

Information Security Reporting

In order to comply with data privacy regulations, the University has an obligation to ensure the security and integrity of SCU computing and network resources. Examples of computing and network resources include user accounts and passwords, applications used to conduct university business (including but not limited to Gmail and Camino) network infrastructure, university computing equipment, and any data not designated as public.

Any student who suspects or becomes aware of a compromise to, or unauthorized use of, a Santa Clara University computing or network resource must notify the Information Security Office as soon as possible. Notification can be given to the Technology Help Desk at 408-554-5700 or techdesk@scu.edu, who will escalate the issue to the appropriate personnel. 

Student Medical Services provides education to ensure students have clear, up-to-date information regarding contraception, sexual health, and related issues. Student Medical Services does not provide condoms or prescribe contraceptive medications for the purpose of preventing pregnancy.

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. In addition, the Clery Daily Crime Log can be viewed online, or requested in person at Campus Safety Services at any time.

Students, faculty, or staff members who become aware of the death of a student should immediately notify Campus Safety Services at 408-554-4441 or the Dean of Students Office at 408-554-4583. This applies during holiday periods as well. When an immediate family member of a student dies, the student, a friend of the student, or a faculty or staff member who is aware of the situation should notify the Dean of Students Office. With the student’s permission, Dean of Students Office staff will notify Campus Ministry and other appropriate departments in the University so that assistance can be offered to the student or the family. The Dean of Students Office will notify faculty members of student deaths, as appropriate.

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 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 Dean of Students Office, Equal Opportunity & Title IX, and the Department of Human Resources. Contact the Dean of Students Office for a complete copy of the program.

Santa Clara University recognizes the prevalence of eating disorders, eating-related problems, exercise obsession, and body image concerns in students. Eating disorders affect student learning in numerous ways including depleting students’ energy, distracting their attention, diminishing their intellectual resources, causing depression and social withdrawal, and adversely affecting the morale of students around them. The University is committed to educating the whole student and sees the student’s mind, body, character, and spirit as interrelated.

Our approach to students with potential eating disorders is to do a thorough medical and psychological evaluation. If a student is determined to have an emerging or existing eating disorder, the medical and psychological practitioners will work together to recommend a treatment plan. In many cases these students benefit from brief psychological therapy at the Counseling and Psychological Services (CAPS) and medical monitoring at Student Health Services.

Santa Clara University and Student Health, Counseling, and Well-Being (CAPS and Student Health Services) do not have the expertise or the specialized comprehensive resources and extended time to treat students who present themselves or are referred for evaluation of severe eating disorders. This is particularly the case with students who resist treatment. Students with serious eating disorders may be referred to outside providers or treatment facilities when doing so is deemed necessary for appropriate medical management.

Involvement outside the classroom provides significant opportunities to explore interests, develop skills and abilities, apply classroom learning in practical situations, gain professional experience, develop leadership competencies, and cultivate an appreciation of the diverse world in which we live. It also provides opportunities to meet new friends, participate in community service, work with others around shared goals and interests, and become peer mentors. Involvement, however, should not be at the expense of academic success. Those enrolled at Santa Clara University are college students before they are student leaders. As such, the University has adopted this policy to assist with students’ academic success.

  1. Conditions for Involvement: Students at Santa Clara University who are involved in student activities that are funded by the University (e.g., intercollegiate scholastic activities or intercollegiate athletic activities), and students who occupy a leadership position in organizations or associations recognized by the University, must fulfill the following conditions:
    1. Academic Standing: The student must be in good academic standing with the University. To be in good academic standing, an undergraduate student must normally be enrolled full time, maintain a cumulative grade point average of at least 2.0 based on all courses taken at Santa Clara, and must have completed at least a minimum number of units as specified in the Undergraduate Bulletin for acceptable progress toward a degree. Graduate students involved in student activities must meet the academic status requirements of their division, school, or program.
    2. Discipline Status: The student must be in good behavioral standing with the University. Students who are presently placed on disciplinary probation, interim suspension, deferred suspension, suspended, or expelled are not in good behavioral standing. Students on interim suspension, deferred suspension, suspension, or are expelled are not allowed to participate in co-curricular and intercollegiate activities. Students on disciplinary probation are not allowed to hold leadership positions or their participation is restricted for the following identified groups (see “Affected Groups and Restrictions Imposed”).
  2. Affected Groups and Restrictions Imposed:
    1. All officers and major leaders of the nine Chartered Student Organizations and all recognized student clubs and organizations. The terms “officer” and “major leader” will be defined by the Center for Student Involvement.
      • If the student is on disciplinary probation, the student is eligible to participate in the organization, but is not allowed to hold a leadership position.
      • If the student is on interim suspension, deferred suspension, suspended, or expelled, the student is not eligible to participate in the organization.
    2. Members of the University’s intercollegiate (including practice squad members) and club athletic teams.
      • If the student is on disciplinary probation, the student is eligible to practice with the team, but is not allowed to compete.
      • If the student is on interim suspension, deferred suspension, suspended, or expelled, the student is not eligible to be a member of the team.
    3. Members of the University’s intercollegiate debate team.
      • If the student is on disciplinary probation, the student is eligible to practice with the team, but is not allowed to compete.
      • If the student is on interim suspension, deferred suspension, suspended, or expelled, the student is not eligible to be a member of the team.
    4. Members of the Emergency Medical Service.
      • If the student is on disciplinary probation, interim suspension, deferred suspension, suspended, or expelled, the student is not eligible to participate in the organization.
    5. Students who apply to study abroad or are admitted to a study abroad program.
      • If the student is on disciplinary probation, interim suspension, deferred suspension, suspended, or expelled, the student is prohibited from applying for a study abroad program.
      • If the student is on disciplinary probation, interim suspension, deferred suspension, suspended, or expelled, the student is not eligible to participate in the abroad program.
    6. Students who are involved in the broad range of artistic performances on campus, including but not limited to auditions, recitals, and theater productions.
      • If the student is on disciplinary probation, interim suspension, deferred suspension, suspended, or expelled, the student is not eligible to participate in the program.
    7. Students who hold internships in the Campus Ministry department.
      • If the student is on disciplinary probation, the student is not eligible to perform the duties of an intern until the end of the probationary period.
      • If the student is on interim suspension, deferred suspension, suspended, or expelled, then the student is not eligible to participate in non-public Campus Ministry activities.
    8. Students involved in other organizations and activities that the University Policy Committee on Student Affairs shall periodically recommend to the University administration and which shall be so declared by the University administration.

As a result of their participation in any of the above activities, the financial aid of students who may be receiving aid from the University will be affected, according to the policy defined in the current Limitations on Financial Aid Eligibility: Undergraduates, which is published by Financial Aid and the Financial Aid Eligibility policy detailed in the Undergraduate Bulletin. Nothing in the above shall prohibit any department or division in the University or the advisor(s) of any regulated student activity from setting their own higher standards.

 

I. Overview 

Santa Clara University is committed to promoting a safe and respectful campus environment. Accordingly, hazing in all forms is strictly prohibited. Hazing undermines the integrity of student life, endangers individuals, and is inconsistent with the University’s mission and values.  

This policy applies to all students, faculty, staff, student organizations (as defined below), visitors, guests, suppliers and vendors, and any third parties using University facilities or participating in any University programs or activities, whether on-campus, off-campus, in person, or online.  

This policy is written to follow the requirements of applicable federal and California law. If there is any conflict between this policy and applicable law, or if the applicable laws change before this policy is updated, applicable federal and California law will apply.    

II. Prohibited Conduct 

The University prohibits hazing in connection with all aspects of its educational programs and activities, including, but not limited to, admissions, academics, residential life, student programs and activities, student services, athletics, and employment.  

For the purpose of this policy, “hazing” shall include “hazing” as defined by the federal Stop Campus Hazing Act, 20 USC Section 1092(f)(6)(A) (“Federal Hazing Definition”); “hazing” as defined by the California Stop Campus Hazing Act, California Education Code Section 66306 (“California Hazing Definition”); and Other Prohibited Hazing as defined below: 

A. Federal Hazing Definition  

  1.  “Hazing” means any intentional, knowing, or reckless act committed by a person (whether individually or in concert with other persons) against another person or persons regardless of the willingness of such other person or persons to participate, that: 
    1. Is committed in the course of an initiation into, an affiliation with, or the maintenance of membership in, a student organization; and 
    2. Causes or creates a risk, above the reasonable risk encountered in the course of participation in the University or the organization (such as the physical preparation necessary for participation in an athletic team), of physical or psychological injury including: 
      1.  Whipping, beating, striking, electronic shocking, placing of a harmful substance on someone’s body, or similar activity;
      2. Causing, coercing, or otherwise inducing sleep deprivation, exposure to the elements, confinement in a small space, extreme calisthenics, or other similar activity;
      3. Causing, coercing, or otherwise inducing another person to consume food, liquid, alcohol, drugs, or other substances;
      4. Causing, coercing, or otherwise inducing another person to perform sexual acts;
      5. Any activity that places another person in reasonable fear of bodily harm through the use of threatening words or conduct; 
      6. Any activity against another person that includes a criminal violation of local, state, tribal, or federal law; and
      7. Any activity that induces, causes, or requires another person to perform a duty or task that involves a criminal violation of local, state, tribal, or federal law. 
  2. “Student Organization” means an organization at the University (such as a club, society, association, athletic team, club sports team, fraternity, sorority, band, or student government) in which two or more of the members are students enrolled at the University, whether or not the organization is established or recognized by the University. 

B. California Hazing Definition 

  1. “Hazing” means any method of initiation or preinitiation into an affiliated student organization or student body, which the initiator knows or should have known is likely to cause serious bodily injury to any former, current, or prospective student of any school, community college, college, university, or other educational institution in California. The term hazing does not include customary athletic events or school-sanctioned events.  
  2. “Affiliated” means currently recognized or sanctioned by the University through its official student organization application process. An organization that had previously been recognized or sanctioned by the University but has subsequently had that recognition or sanction withdrawn or revoked by the University shall not be considered affiliated.

C. Other Prohibited Hazing

  1. In addition to the conduct identified in the Federal Hazing Definition and the California Hazing Definition, “hazing” also means any intentional, knowing, or reckless act committed by a person (whether individually or in concert with other persons) against another person or persons regardless of the willingness of such other person or persons to participate, that:
    1. Is committed in the course of an initiation into, an affiliation with, or the maintenance of membership in a Student Organization (as defined in the Federal Hazing Definition); and
    2. Causes or creates a risk, above the reasonable risk encountered in the course of participation in the University or the organization (such as the physical preparation necessary for participation in an athletic team), of physical or psychological injury including: 
      1. Causing discomfort, embarrassment, harassment, degradation, humiliation or ridicule;
      2. Any activity involving the willful destruction or removal of public or private property for the purpose of initiation, affiliation with, or as a condition for continued membership in an organization; or
      3. Any activity designed to interfere with an individual’s academic endeavors. 

III.  Reporting Options 

Anyone may make a report of hazing. The University strongly encourages those who believe they have been subjected to or witnessed hazing to report the incident promptly to the University. Although there is no timeline for making a report of hazing, the University encourages the prompt reporting of a complaint as the ability of the University to respond to the complaint may be hindered by the passage of time.  

An individual may report hazing to the University through one or more of the following offices at any time: 

Campus Safety Services
Main Parking Structure, south corner, lower level
Phone: (408) 544-4441
Dean of Students Office
Benson Memorial Center, 205
Phone: (408) 544-4583
Office of Equal Opportunity and Title IX
Loyola Hall (North), Suite 140
425 El Camino Real
Santa Clara, CA 95053
Phone: (408) 551-3043
Office of the Executive Vice President and Provost
Walsh Administration Building, first floor
Phone: (408) 544-4533
Department of Human Resources
Loyola Hall, Suite 100
Phone: (408) 544-4392
Any individual may make an anonymous report of hazing. In doing so, the individual may report without disclosing their name, identifying the alleged offender, or requesting any action. The University’s ability to respond may be limited, depending on the extent of the information available about the incident or the individuals involved. Anonymous reports can be submitted through EthicsPoint.
Some incidents of hazing may constitute a crime. Reports of hazing also may be directed to law enforcement.  

IV.  Response to Reports

The Dean of Students Office is responsible for overseeing the response to and investigation of reports of students alleged to have engaged in hazing, in a manner consistent with the policies and procedures set forth in the Student Handbook.

The Department of Human Resources is responsible for overseeing the response to and investigation of reports of staff alleged to have engaged in hazing, in a manner consistent with the policies and procedures applicable to staff.

The Office of the Executive Vice President and Provost is responsible for overseeing the response to and investigation of reports of faculty alleged to have engaged in hazing, in a manner consistent with the policies and procedures applicable to faculty.

In those cases where the alleged conduct may violate the University’s policies prohibiting discrimination, harassment, and retaliation, the matter will be referred to the Office of Equal Opportunity and Title IX for response in a manner consistent with those policies.  

At a minimum, any investigation into a reported violation of this policy shall include notice to the alleged offender of the facts and circumstances giving rise to the alleged violation; interviews with the complainant, the alleged offender, and any witnesses determined to have information relevant to the allegations; review of any documents and other evidence relevant to the allegations; and a written summary of the outcome of the investigation. 

V. Compliance 

Any person or organization found to have engaged in conduct that violates this policy will be subject to appropriate corrective action, up to and including separation from the University. Corrective action, if any, will be initiated in a manner consistent with the policies and procedures that apply to the individual or organization found to have engaged in the conduct. 

VI.  No Retaliation 

The University prohibits retaliation against any person because they have reported known or suspected hazing under this policy or participated as a witness in any investigation in response to a report of hazing under this policy.  

VII. Clery Act and Annual Security Report 

The Clery Act is a federal crime and incident disclosure law. It requires, among other things, that the University report the number of incidents of certain crimes that occur within particular geographic regions (the “Clery geography”). Beginning with the 2026 Annual Security Report, the University also must include hazing incidents reported to have occurred within the Clery geography. The first calendar year that will include hazing statistics is 2025. For the purpose of the report, the University will use the Federal Hazing Definition. The Clery Act also requires the University to issue a warning to the community in certain circumstances. In the statistical disclosures and warnings to the community, the University will ensure that a complainant’s name and other identifying information are not disclosed. 

VIII.  Campus Hazing Transparency Reports 

Beginning no later than December 23, 2025, the University will publish a Campus Hazing Transparency Report (“Report”) on its public website that includes information with respect to hazing incidents where there has been a finding of responsibility against student organizations that are established or recognized by the University. This Report will be updated at least twice per year if there are additional findings of responsibility to document. The Report will not include any personally identifiable information, including any information that would reveal personally identifiable information, about any individual student.   

IX.  California Reporting Requirement 

On or before June 30, 2026, and on or before June 30 each year thereafter, the University will report to the appropriate policy committees of the Legislature the number of hazing incidents that constituted a violation of this policy and whether the violation was affiliated with a student organization. Any such report will comply with all applicable California and federal privacy laws, including but not limited to the Family Educational Rights and Privacy Act. For the purpose of this report, the University will use the California Hazing Definition.   

X. Training and Prevention 

The University is committed to educating students, faculty, and staff about this policy prohibiting hazing, healthy alternatives to hazing, and strategies to prevent hazing before it occurs. The University provides or will provide various programs to prevent hazing, including but not limited to: 

  • Regular communication to all students, faculty, and staff regarding the University’s policy prohibiting hazing.
  • Anti-hazing training for all students.
  • Ongoing education campaigns, including, e.g., workshops, speaker events, and social media campaigns throughout the academic year to reinforce its anti-hazing policy and to encourage a culture of safety and well-being.   
  • Targeted training for and other outreach to specific groups, such as athletic teams, club sports teams, and student organizations.  

Santa Clara University is committed to fostering a learning environment that enables students to thrive and participate fully as members of the University community. The University recognizes that students may experience situations that limit their ability to function successfully or safely in their role as students or members of the University community. In those circumstances, a student may request a voluntary leave of absence. A leave of absence allows a student to take a break from the University and their studies in order to address the issues that led to the need for the leave and to later return to the University to continue to pursue their educational goals.

When a student demonstrates behavior that

  • presents a substantial risk of harm to self or others,
  • significantly disrupts the University community, or
  • is unable or unwilling to carry out substantial self-care obligations,

the University may place the student on an involuntary leave of absence. An involuntary leave of absence also may be initiated when the student requires a level of care from the University community that exceeds the care that the University can appropriately provide. An involuntary leave of absence is considered in exceptional circumstances and may only be initiated in a manner consistent with this Policy.

An involuntary leave of absence is not disciplinary in nature and instead is to support the student and to maintain the safety of the University community. In some circumstances, the conduct that leads to an involuntary leave of absence may also be subject to review under other applicable University policies, including the Student Handbook. In those cases, the Dean of Students (or designee) shall determine which policy or procedures will be initiated.

Review and Decision Process

  1. The Dean of Students (or designee) is responsible for determining whether a student has engaged in behavior that triggers the application of this Policy. 
  2. In making decisions under this Policy, the Dean of Students will conduct an individualized assessment that is
    • based on reasonable judgment that relies on current medical knowledge or the best available objective evidence; 
    • ascertains the nature, duration, and severity of the risk or disruption; 
    • considers the probability that the risk or disruption will actually occur; and
    • considers whether reasonable modifications of policies, practices, or procedures will adequately mitigate the risk or disruption so as to eliminate the need for an involuntary leave of absence. Decisions will not be based on mere speculation, stereotypes, or generalizations.
  3. When an involuntary leave of absence is under consideration, the Dean of Students will provide written notice to the student. The notice will include the reasons why the student is being considered for an involuntary leave of absence and a copy of or link to this Policy. The notice will provide the student with an opportunity to meet with the Dean of Students before a decision is made, if such a meeting is feasible. The notice also will encourage the student to respond before a decision is made and will provide the student with a specific time period within which the student must respond if the student wishes to do so. 
  4. Students are expected to cooperate in the assessment.  
  5. The Dean of Students will consult with University staff and/ or faculty as may be appropriate, including the Office of Accessible Education, to consider potential reasonable accommodations that could obviate the need for an involuntary leave of absence, such as the option to take a voluntary leave of absence, academic accommodations, housing and dining accommodations, and modifications to University policies.
  6. The student may be asked to sign an authorization that permits the student’s health care provider(s) to provide information to the Dean of Students or other appropriate University personnel regarding the issues that are relevant to the consideration of the involuntary leave of absence and the individualized assessment. The University also may require the student to undergo an additional evaluation by an independent and objective health care provider designated by the University, if the Dean of Students believes the evaluation will facilitate a more informed decision. If the student declines to sign an authorization or participate in the evaluation, the Dean of Students may proceed with the individualized assessment based on the information available to the Dean of Students. 
  7. To determine whether a leave of absence or another measure is appropriate, the Dean of Students will:
    • Review available incident reports and documentation of the student’s behavior.
    • Consult with other University staff and/or faculty, as may be appropriate and feasible. Although each case will vary, the following are examples of individuals and departments who may be consulted: the Student Health, Counseling, and Well-Being (with appropriate authorization), Residence Life, the Office of Accessible Education, Drahmann Center, the student’s academic dean, faculty, academic advisors, coaches, and other individuals or departments. This consultation may be conducted individually and/or at a Behavioral Concerns Team meeting. 
    • Consult with other health care providers and review relevant medical documentation, as available.
    • If appropriate and feasible, seek the cooperation and involvement of the parent(s) or legal guardian(s) of the student.
    • If feasible, meet with the student to review the reasons why an involuntary leave of absence is being considered, and provide an opportunity for the student to respond and provide medical and other relevant information.
  8. Following the individualized assessment and based on a review of the relevant documentation and information available, the Dean of Students will decide whether the student will be placed on an involuntary leave of absence. To meet the criteria for an involuntary leave of absence, at least one of the following criteria must be met: 
    • Based on current knowledge about the student’s medical condition and/or the best available objective evidence, the student presents a substantial risk of harm to self or others;
    • The student’s behavior significantly disrupts the University community;
    • The student is unable or unwilling to carry out substantial self-care obligations and poses a significant risk to their own health or safety; or 
    • The student requires a level of care from the University community that exceeds the care that the University can appropriately provide. 
  9. The Dean of Students will notify the student in writing of the decision. The written notice will provide 
    • the rationale for the decision,
    • notify the student of their right to appeal the decision,
    • include the time frame when the student is eligible to return, and
    • identify the conditions the student must satisfy to be eligible to return to the University.
      • If a leave is not imposed, the Dean of Students 
        • may impose conditions for the student’s continued enrollment and
        • will notify the student in writing of any such conditions. 

Unless stated otherwise by the Dean of Students, the involuntary leave of absence will go into effect as of the date of the written notice. 

      J. The review conducted under this Policy should be done in a reasonably timely manner. Where a student has been asked to remain off campus while the review is ongoing, the Dean of Students will make reasonable effort to reach a decision within ten (10) business days. 

Appeal Process 

A student who is placed on an involuntary leave of absence may appeal the decision. The grounds for the appeal are limited to:

  • Whether appropriate facts and criteria were used to make the decision;
  • Whether there were any procedural irregularities that substantially affected the outcome of the matter to the detriment of the student; or
  • Whether the decision was reasonable, in light of the information available to the Dean of Students and the criteria for imposing the involuntary leave of absence.

The appeal must be in writing and must be submitted to the Vice Provost for Student Life within five (5) business days of receipt of the written notification from the Dean of Students of the decision. The appeal must describe the grounds for the appeal.

The Vice Provost for Student Life (or designee) will review the appeal and make a decision within five (5) business days of receipt of the appeal. The Vice Provost for Student Life may uphold, modify, or overturn the decision, or may return the decision to the Dean of Students for further review. 

Temporary Measures

In a situation involving an imminent or ongoing threat to the health or safety of the student or any member of the University community, the Dean of Students may implement immediate administrative measures while the review, decision making process and/or appeal are taking place, such as an interim involuntary leave of absence or a restriction on the student’s access to campus (including classes, housing, services, activities, facilities, or other University-related programs or activities). Any such requirement will be communicated in writing to the student. 

Implications of an Involuntary Leave of Absence

  1. Association with the University: A student who is placed on an involuntary leave of absence under this Policy remains a student but is not permitted to be present on the University campus and is not permitted to engage in any University-related activities, including on-campus employment, unless expressly permitted in writing by the Dean of Students.
  2. Transcripts: When a student is placed on an involuntary leave of absence after the start of the academic term, courses in which the student was enrolled after the drop deadline will appear on the student’s transcript as a “W” (withdrew), an “I” (incomplete), or other appropriate grading option. This decision making process will involve the Dean of Students, the University Registrar, and the professor for each course taken in the academic term. 
  3. Tuition: A student who is placed on an involuntary leave of absence after the deadline for a full tuition refund will be eligible for a tuition refund for the quarter in which the involuntary leave of absence was imposed. The refund will be offset by any amounts received or to be received under any applicable tuition insurance plan. Any student who receives a tuition refund under this Policy is eligible to receive only one tuition refund under this Policy during their enrollment at the University. 
  4. Dates of the Leave: The involuntary leave of absence will remain in effect until (1) the Dean of Students determines that the student is able to return to the University with or without reasonable accommodations and (2) the student has complied with all requirements applicable to all students returning from a leave and all of the conditions specified by the Dean of Students and/or the Vice Provost at the commencement of the involuntary leave. 
  5. Visa Status: International students placed on an involuntary leave of absence must communicate with the University’s International Students and Scholars Office regarding their visa status. 

Return to the University 

Any conditions for the student’s return to the University will be communicated in writing to the student. In addition, the following will apply: 

  1. Except in extraordinary circumstances, a student will not be permitted to return to the University until the leave period specified in the Dean of Students' letter has elapsed and the conditions for return have been satisfied.
  2. A student must make a written request to the Dean of Students to return to the University at least 30 days prior to the start of the academic term in which the student wishes to return. The request must include evidence that the conditions for return have been satisfied (or will be satisfied by the date of the return).
  3. The Dean of Students may require the student to provide evidence that the student, with or without reasonable accommodations, has sufficiently addressed the issues that led to the imposition of the involuntary leave of absence. The information requested may include documentation of efforts by the student to address the issues that led to the leave, and treatment information (with appropriate authorization) to the extent necessary to determine if the student has sufficiently addressed the issues that led to the leave. 
  4. A medical and/or mental health professional’s recommendation does not guarantee a student’s right to return to the University. The Dean of Students will consider the relevant and available documentation and may confer with or seek information from individuals who have relevant information about whether a return to the University at this time is appropriate.
  5. If the Dean of Students is not satisfied that the conditions for the student’s return have been met, the Dean of Students will notify the student in writing of the decision and the reasons for the decision. The student may appeal the decision. 

Confidentiality

Records concerning voluntary and involuntary leaves of absence are confidential and will be handled in a manner consistent with applicable federal and state laws. 

 

Santa Clara University encourages students to seek help for themselves or another student, both on and off campus. In situations where a student requests emergency medical assistance for themselves or another student due to the use of alcohol or other drugs, SCU will support this help-seeking behavior through the Medical Amnesty and Good Samaritan policies. Although there is not a limit to the number of times these policies can be utilized, the University may take additional action in cases where repeated violations of the Student Conduct Code occur, regardless of how the incident was reported. 

Medical Amnesty: If a student is under the influence and receives emergency medical attention for the use of alcohol or other drugs (“substance use”), the student will not receive disciplinary sanctions related to their substance use; instead, the student will be required to meet with a University staff member to discuss the incident and to attend one or more Wellness Coaching* sessions. Sanctions may be applied if the student does not complete these requirements. 

Good Samaritan: If a student or students seek emergency medical assistance on behalf of another student due to the use of alcohol or other drugs (“substance use”), they will be considered a Good Samaritan and will not receive sanctions related to their own substance use. The Good Samaritan(s) is expected to stay with the person they are calling on behalf of until help arrives and provide relevant information to the responding agencies as requested. The Good Samaritan(s) will be offered the opportunity to attend an optional Wellness Coaching* session.

In either case, assuming all involved parties cooperate fully with responding agencies, the University will not impose sanctions for violations of the Student Conduct Code directly related to the use or possession of alcohol or other drugs. The University may impose sanctions if the involved student(s) are found to be in violation of other policies as outlined in the Student Conduct Code such as violence, destruction of property, distribution of substances, or non-compliance. Students also may be responsible for restitution related to damage or cleaning charges resulting from the incident. Additionally, these policies do not exempt individuals from law enforcement or third-party civil actions. 

*Wellness Coaching is a non-judgmental, supportive, and confidential service offered to students by the Wellness Center. Conversations are centered around reflecting on their experience in the precipitating incident, identifying areas for personal growth, and strategizing for positive behavior change. The details of Wellness Coaching sessions are not shared with other university staff members or administrators.

 

In compliance with the Higher Education Opportunity Act, this policy addresses the manner in which the University will proceed in the event that a resident student (i.e., a student who lives in University housing) is believed to be missing.

Any concern that a resident student is missing should be immediately directed to Campus Safety Services at 408-554-4441. A resident student is considered to be missing if the person’s whereabouts have not been established for a period of 24 hours, or if there is information within the 24-hour period that suggests the person is missing. In such circumstances, staff, faculty, and students are required to immediately notify Campus Safety Services. Campus Safety Services will implement the Emergency On-Call Protocol for the Dean of Students and Office of Residence Life and will notify the appropriate law enforcement agency upon receipt of information establishing that a resident student is missing. Such notification shall be made in a timely fashion and within 24 hours of the receipt of this information.

In support of this policy, resident students are encouraged to provide the University with the name and contact information of someone to be notified in the event that the resident student is determined by Campus Safety Services or the local law enforcement agency to be missing. Resident students can provide this contact information via their Workday account. If a resident student is determined to be missing and is under 18 years of age and not emancipated, the University is required by law to notify a custodial parent or guardian, and any other contact person designated by the student within 24 hours of when the resident student is determined to be missing.

Santa Clara University’s vision is to educate citizens and leaders of competence, conscience, and compassion and cultivate knowledge and faith to build a more humane, just, and sustainable world. Central to the University’s Jesuit values and identity is its commitment to creating an inclusive community that is enriched by people of different backgrounds, respectful of the dignity of all its members, enlivened by mutual respect, open communication, care, and justice. 

In furtherance of its core values, the University believes that all members of the University community, including students, faculty, staff, guests, and visitors, should pursue their work, education, and engagement in University programs and activities in a safe environment, free from all forms of unlawful discrimination, harassment, and retaliation. Cura personalis calls and inspires us to care for the whole person, body, mind, and spirit, in the fullness of one’s dignity, towards belonging and flourishing. 

To that end, the University prohibits discrimination against any individual on the basis of race, color, ethnicity, national origin, citizenship, ancestry, religion, age, sex, sexual orientation, sex stereotypes, sex characteristics, gender, gender expression, gender identity, marital status, registered domestic partner status, parental status, veteran or military status, physical or mental disability (including perceived disability), medical conditions (including cancer related or genetic characteristics), pregnancy or related conditions (including childbirth, termination of pregnancy, lactation, or related medical conditions), recovery from pregnancy or related conditions, reproductive health decision making, or any other basis prohibited under applicable federal, state, or local laws and their implementing regulations, in any of the University’s educational and other programs and activities, its admissions, and its employment practices.

For more details regarding policies and procedures related to equal opportunity and nondiscrimination, please review the information included within this handbook under (“Notice Non-Discrimination”), as well as the Office of Equal Opportunity and Title IX website.

Inquiries regarding the University’s Equal Opportunity and Nondiscrimination policies should contact:

Office of Equal Opportunity and Title IX
500 El Camino Real, Santa Clara, CA 95053
Office: Loyola Hall, Suite 140, 425 El Camino Real, Santa Clara, CA 95053
Main Office: 408-551-3043

Reports of possible harassment, discrimination, or sexual misconduct, or requests for supportive measures, may be submitted to the Office of Equal Opportunity and Title IX via email, in person, by phone, or through the anonymous or non-anonymous forms.

Claims of discrimination or other inquiries concerning the application of Title IX of the Education Amendments of 1972 and its implementing regulations may also be directed externally to the Office of the Assistant Secretary of Education within the Office for Civil Rights (OCR).

Inquiries regarding civil rights compliance and employment discrimination may also be made externally to the Equal Employment Opportunity Commission (EEOC) and/or the California Department of Fair Employment and Housing (DFEH).

The Office of Accessible Education (OAE) has been designated by the University to ensure compliance with federal and state civil rights statutes that protect SCU’s disabled community. The OAE strives to support disabled students with equitable access to all academic and University programs so they can participate fully in campus life, programs, and activities. In an effort to build a more inclusive and accessible campus community, the OAE coordinates disability-related educational programming, connects students to ancillary University services, supports faculty and staff through the HR process with digital accessibility accommodations, and collaborates with faculty in the provision of academic accommodations. 

What is a Disability?

The disabled experience is diverse, encompassing people from all backgrounds and identities. A disability is a physical, medical, intellectual, psychological, or other type of impairment that significantly impacts or substantially limits one or more major life activities. Disabilities can be visible or invisible, something a person is born with or has acquired at any point in life. Disability includes, but is not limited to: learning disability, attention deficit disorder, autism spectrum disorder, blind or low vision, deaf or hard of hearing, a mobility or chronic health condition, and/or a psychological disorder. 

How to Register?

Complete the Office of Accessible Education’s online application.

After the OAE receives an online application, students requesting accommodations will be invited to meet with an OAE Advisor to complete an interactive meeting. During this interactive conversation, the OAE Advisor will have an opportunity to better understand the impact of the student’s disability and previous accommodation experience. Relevant documentation will assist the OAE in establishing reasonable accommodations. Documentation may be provided by any qualified professional that can speak to the disability and its impact(s) on one or more major life activities.

Contact Us:
Office of Accessible Education  
Benson Memorial Center 1
(408) 554-4109  
Email: oae@scu.edu  

 

Parking & Transportation Services (P&TS) provides support to all staff, faculty, students and visitors of the Santa Clara University (SCU) campus for all campus parking and transportation-related needs. The department offers several transportation programs geared toward enhancing sustainability and efficiency for the SCU community. The P&TS office is located on the first floor (southwest corner) of the Main Parking Structure.

The P&TS website provides a snapshot of public transportation alternatives for all SCU members. Please visit for more information regarding parking policies, regulations, transportation programs and transit information.

Parking Permits

During parking permit enforcement hours, all vehicles on campus must have a valid SCU-issued parking permit displayed. Enforcement hours are Monday through Friday, 6:00 a.m. to 8:00 p.m. (excluding SCU-observed holidays). Parking permits are enforced 24-hrs per day in all residential parking lots.

Students may apply for a parking permit via the AIMS single sign-on tile in their MySCU Portal.

Daily Hang Tags

Prices and forms of payment:

  • $9 daily
  • $29 weekly
  • $85 monthly
  • VISA, Mastercard, ApplePay, or cash are all accepted forms of payment. 

Daily parking permit hang tags are available for purchase at the following locations:

Location Directions Hours of Operation
Main Entrance Kiosk Palm Drive Monday – Friday
8:00 a.m. – 5:00 p.m.
Parking & Transportation Services Department First floor of the Main Parking Structure Monday – Friday
8:00 a.m. – 5:00 p.m.
Campus Safety Services First floor of the Main Parking Structure Open 24/7

Pay & Display Stations

Prices and Forms of Payment:

  • $4 for 4 hours
  • $6 for daily
  • VISA and Mastercard are the accepted forms of payment.

Daily pay & display parking permits are available for purchase at the following locations:

Location Directions
North Campus Garage Located between Franklin and Benton Streets with entrances on Alviso Street and The Alameda
Leavey Lot Located along Accolti Way off of El Camino Real
Guadalupe Hall Located along Campbell Avenue off of El Camino Real
Loyola Hall Located at the intersection of The Alameda and El Camino Real
Franklin St. Located off of Lafayette and Franklin St.

Overflow Parking (F lots)

All SCU permit holders are able to park in “F” overflow lots with a valid SCU-issued parking permit displayed.

Location Directions
Accolti Way Located off El Camino Real
Benton Lot Located at 990 Benton St.
Guadalupe Hall Located at 455 El Camino Real
Leavey Lot Located off of Accolti Way and El Camino Real
Loyola Hall Lot Located at 425 El Camino Real
North Alameda Lot Located on the corner of The Alameda and Benton St. 
Performing Arts 
Annex
Located at 733 Benton Street
Park Ave Lot
Located at 2851 Park Ave.
Schott Stadium 
South Lot
Located along Campbell Ave. behind the Stephen Schott Stadium

Transit Options

P&TS offers a 50% discounted rate on ACE train passes to all faculty, staff and enrolled students with a valid access card.

Alternative Transit Card

An alternative transit card is provided (once per month) for the following modes of transportation: carpooling, bicycling, or taking the train (monthly passes only). Customers may receive a maximum of five daily parking permits, per month, for using an alternative mode of transportation to get to campus. One card is issued per person, per month.

Event Planning Needs

Campus Safety Services, Emergency Planning, and P&TS have joined forces to create a robust Event Request Form for your convenience.  Please use the form below when organizing an on-campus event.

Event Request Form 

Contact Us:
Parking & Transportation Services
Located on the 1st floor of the main parking structure (bldg. #714)
Hours: Monday – Friday, 8:00 a.m. – 5:00 p.m.
Main: 408-551-7080

The University policy on posting printed material (defined as both printed and digital) and chalking applies to all printed and digital materials on A-frames, banners, and monitors in Benson Memorial Center; bulletin boards and monitors in  the residence halls; monitors located in campus buildings; and chalking on campus grounds. University entities may place materials on bulletin boards inside academic or administrative buildings subject to the approval of the office with administrative jurisdiction over the area, in regards to information concerning programs, services, or activities sponsored by Santa Clara University or one of its groups. Non-University entities and individuals may post written material concerning their events, goods, and services in designated areas within the Benson Memorial Center. Non-University entities and any individual may not have access to campus digital distribution and posting nor chalking, All posting, printed and digital, and chalking on campus, whether by a University-affiliated group, a non-University entity, or an individual, must comply with University regulations and any applicable municipal, state, and federal laws.

Approval

Printed material for posting in Benson Memorial Center must be approved at the center’s Information Desk. Posting for all events where alcohol will be served must also be approved by the facility manager for the event (see “Alcoholic Beverage Policy”). The appropriate staff will do all posting. Digital materials are to be submitted through the appointed University person or department for approval and posting.

Content

All printed material and chalk messages posted by University organizations must contain the name of the sponsoring organization and the words “SCU” or “Santa Clara University” in the description of the event. Printed material posted by non-affiliates or individuals must contain the name as well as telephone number or email address of a contact person. Printed material posted on campus and chalk messages may not be defamatory, obscene, or incite violence, or be in violation of Sections 5 or 10 of the Student Conduct Code.

Printed material publicizing an event covered by the Speakers Policy must contain the following statement: “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.”

Printed material publicizing all events on campus must contain the following statement: “In compliance with the ADA/504 please direct your accommodation requests to [name of the sponsor/organizer/coordinator responsible for the event] at [phone number or email address of the sponsor/organizer/ coordinator of the event].”

Size

Printed material placed on the bulletin boards in the Benson Memorial Center may be no larger than 12 inches by 24 inches. Printed material on A-frames may be no larger than  30 inches by 36 inches. Balcony banners in Benson Memorial Center may not be larger than 6 feet long by 3 feet wide. Digital materials must fit the size of the display screen.

Location

Material and chalk messages may be placed only in approved areas of campus. Printed materials may not be placed over other posters or fliers, and no more than one poster/flier per event per bulletin board is allowed. Posting on light poles, trees, floors, ceilings, elevators, planter boxes, and on exterior walls and other building surfaces, is prohibited and such items will be removed; the responsible group or individual may be subject to a removal and/or cleanup charge.

Printed material may be placed on the bulletin boards in  the Benson Memorial Center subject to the limitations  (e.g., rental housing, buying and selling of goods and services, carpooling and riding arrangements) for specific bulletin boards and kiosks.

Printed material pertaining to University-sponsored events may be placed on A-frames by registered student organizations (RSOs), chartered student organizations (CSOs), academic departments, administrative offices, and faculty and staff groups. A-frames may be placed on the paved sidewalk areas in and around the residence halls, on the east plaza of Benson Memorial Center, on the paved sidewalk areas immediately adjacent to Benson Memorial Center, and on the paved sidewalk areas immediately adjacent to the Locatelli Student Activity Center.

Banners pertaining to University-sponsored events may be placed on the designated balcony spaces of Benson Memorial Center by officially registered student organizations, chartered student organizations, and University departments.

Chalk messages pertaining to University-sponsored events may be placed in the designated areas by registered student organizations (RSOs), chartered student organizations (CSOs), University offices, academic departments, administrative offices, and faculty and staff groups. Chalk messages, using water-soluble chalk, may be placed on paved sidewalk areas in and around residence halls, on the east plaza of Benson Memorial Center, on the west porch of Benson Memorial Center, on paved sidewalk areas immediately adjacent to the Benson Memorial Center and on the paved sidewalk areas immediately adjacent to the Locatelli Student Activity Center. Chalk messages on sidewalks in other campus locations, on outdoor stairs and ramps, on planter boxes, on fountains, on walls, on the brick walkways adjacent to the learning commons and on other ground and building surfaces are prohibited.

Time

Printed material on the bulletin boards, display cases, and banners in Benson Memorial Center may be posted for a maximum of two weeks. Printed materials on A-frames and chalk messages may be posted for a maximum of one week.  All printed material, banners, and chalk messages must be removed within 24 hours following the event by the group responsible for the event. Failure to remove such materials within that time frame may subject the responsible group or individual to a removal and/or cleanup charge.

Violations

Violation of any of the provisions of this policy will result  in the removal of the printed material or chalk message. In addition, the responsible group or individual may be subject  to appropriate University sanctions and/or legal action by  the University.

For more information, please see ("Posting within University Residential Facilities"). 

 

While attending Santa Clara University, a student may be pregnant, desire assistance for another student who is pregnant, or just need someone to talk with about pregnancy related matters and/or options. SCU is committed to offering a supportive environment that assures a caring and nonjudgmental approach to support and professional assistance.

A student who becomes pregnant while attending Santa Clara University may elect to stay at the University during the pregnancy. The University community will do its best to accommodate the student’s needs and concerns regarding classes, housing, and personal counseling during and after  the pregnancy.

The focus of the University is to provide a comprehensive team that emphasizes support and personal respect. The following support services are resources that are available at SCU. Please feel free to contact any of the offices listed. All consultations will be handled confidentially.

408-554-4501
408-554-4583
408-554-4900 
408-554-4409
48-554-4501
408-551-3043
 

Santa Clara University is committed to maintaining an equitable learning environment and supporting the academic success of pregnant and parenting students. The University prohibits discrimination based on parental status, pregnancy, childbirth, false pregnancy, termination of pregnancy, or recovery from related conditions in all of its educational programs and activities pursuant to Title IX of the Education Amendments of 1972. Students may request an accommodation for pregnancy-related conditions or parenting responsibilities by contacting the Office of Equal Opportunity and Title IX.

Academic Support for Pregnant and Parenting Students

Santa Clara University does not discriminate against any student on the basis of pregnancy or related medical conditions. Absences due to medical conditions relating to pregnancy and childbirth will be excused for as long as deemed medically necessary by a student’s doctor, and students will be given the opportunity to make up missed work. Students needing support can often arrange support by working directly with their instructors, supervisors, or departments. Students needing support can also seek assistance from the Office of Office of Accessible Education (OAE) or from the Office of Equal Opportunity and Title IX Office. The following link provides information for students and faculty regarding pregnancy rights.

 

The event manager for events where alcoholic beverages are served is responsible for implementing the following practices:

  1. A University-affiliated student organization must identify an event manager responsible for planning and managing the event. The event manager must be present throughout the entire event and must remain alcohol-free before, and during the event. The event manager, hosting student organizations advisor, and the manager of the facility or their designee will work together to ensure that all University event planning requirements are met.
  2. The event manager must complete the Event Management Plan for Events with Alcohol and obtain all required signatures prior to the event.
  3. An appropriate crowd management and security plan shall be developed for the event to monitor excessive drinking, control disorderly behavior.
  4. The location used for the event should have controllable points of entry and exit.
  5. Alcoholic beverages should not be the primary focus of an event (e.g., progressive drinking party, kegger, or happy hour). Alcoholic beverages shall not be used as an inducement to participate in an event.
  6. Promotions for the event shall not portray symbols of alcoholic beverage consumption (e.g., foaming mugs, cans, glasses, or kegs), shall not include any form of abusive consumption (e.g., drinking contests or competitions), and shall not emphasize frequency or quantity of alcoholic beverage consumption.
  7. Promotions for the event should state that “identification will be required.”

Partial Listing of Laws

California State Laws on Alcohol

  1. It is a crime to sell, furnish, or give alcoholic beverages to a person under the age of 21, or to any obviously intoxicated person.
  2. It is a crime for a person under the age of 21 to purchase  or possess alcoholic beverages.
  3. It is a crime to sell alcohol without a valid liquor license  or permit.
  4. It is a crime for any person to drink while driving, to have an open container of alcohol in a moving vehicle, or to drive under the influence of alcohol.
  5. It is a crime to be intoxicated in a public place.
  6. Intoxication is presumed at blood levels of 0.08 percent or higher, and may be found with blood alcohol levels from 0.05 percent to 0.08 percent.

Penalties for Drunk Driving Offenses

  1. First offense: required attendance at an alcohol/drug program, fines of up to $1,000, up to six months in jail,  and driver’s license suspension up to six months.
  2. Second offense: fines up to $1,000, imprisonment up to one year, driver’s license suspension up to 18 months, and/ or a required drug/alcohol program of up to 30 months.
  3. Third offense: similar sanctions to Nos. 1 and 2 above plus revocation of driver’s license.
  4. Fourth offense: revocation of driver’s license; one year in a state prison or county jail.
  5. Refusal to submit to a blood alcohol content test: driving privileges are suspended for one year, for two years if there is a prior offense within seven years, and for three years if there are three or more offenses within seven years.
  6.  Drivers under the age of 21 found with any measurable amount of blood alcohol will have their driver’s license suspended for one year. If the driver does not have a license, there will be a one-year delay in obtaining one.

University Student Disciplinary Actions 

See “Minimum Student Conduct Hearing Outcomes for Alcohol, Cannabis, and Other Drug Violations”.

 

Santa Clara University, a Catholic, Jesuit university, is aware that sexually transmitted infections are a potential health concern for university students. Santa Clara University and Student Medical Services provide educational opportunities about the transmission and prevention of sexually transmitted infections. These educational opportunities are provided with consideration of confidentiality, sensitivity, and compassion. 

Student Medical Services provides confidential appointments with a campus physician, nurse practitioners, and registered nurses regarding sexual health issues. These appointments may include evaluation, testing, and treatment of sexually transmitted infections.

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.

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, vape pens, e-cigarettes, 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.

We encourage all students to take responsibility and inform all visitors of this policy. Any community member may request a smoker to move off campus and those that do not comply can be reported to Campus Safety. Any questions regarding this policy can be answered by Campus Safety Services or the Dean of Students Office.

In order to protect students’ right to privacy, and to maintain and promote efficient operations, the University has established rules applicable to all students, faculty, and staff that govern solicitation, distribution of written material, and entry into premises and work areas. (Staff members are also directed to Staff Policy 308: Solicitation and Distribution.)

Solicitation that is prohibited includes, but is not limited to, selling products or services, door-to-door collections or campaigning, flier delivery or posting of materials in facilities owned, operated, or controlled by SCU, including kiosks, light poles, and in parking lots. Solicitors or tradespeople, including those who may be Santa Clara University students, faculty, or staff, are prohibited from entering University housing facilities for the purpose of transacting business and should be reported immediately to the Event Planning Office, Campus Safety, and/or the building staff.

The purpose of this policy is to assure 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, chartered student organizations, or student organizations registered by authorized governing bodies may invite non-University speakers to address meetings on campus. Student groups that have not been registered by authorized governing 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 University 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 aloud,  it may require either or both of the following:

  • That the meeting be facilitated by a person approved by the University administration
  • Any invitation to a non-University speaker extended by a chartered student organization, registered student organization, member of the faculty, staff, academic department, or administrative department may be rescinded only if the President, or their 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

Student Events, Activities, and Organizations

The Catholic, Jesuit character of the University is defined by both spiritual and moral values that arise from Scripture, are rooted in the teachings of the Church and the Society of Jesus, and are consistent with human wisdom. These values, which center on the themes of creation, covenant, and community, include the equality and inalienable dignity of all persons; the recognition that human life is life in community, and that human beings develop, not in isolation, but in interactions with others, interactions characterized by respect for self and others, justice, love, compassion, and truthfulness; an individual and societal commitment to ensure that at least minimum conditions of human dignity are met for all; the acknowledgment that those members of society with the greatest need require the greatest response; and the understanding that all persons have a right and a corresponding responsibility to be active and productive participants in the life of the community.

As a Catholic, Jesuit institution, the University has both the opportunity and responsibility to teach and to advance the religious and theological tenets upon which it is founded. Just as the very nature of religious belief requires free, uncoerced assent, so, too, the nature of “University” requires a respect for evidence, for investigation, for discovery, and for reason.

We are best served by an educational experience enriched by exposure to differing, and, indeed, to antithetical, opinion. Debating of “uncomfortable” ideas or points of view ought not to be shunned just because it is uncomfortable, for it may stimulate us to think and to think seriously. Thoughtful dialogue in search of truth leads to critical thinking, informed learning, and an honest exchange of facts, beliefs, and points of view. The belief system allowed to go untested is likely to be found weakest in the face of argumentative challenge.

The University has previously recognized this view of education in its mission and goals statement (see the following excerpt).

The University is dedicated to:

  1. The continuing development of a community of highly qualified scholars, teachers, students, and administrators committed to an uncompromising standard of academic excellence; providing an education that, in its emphasis on undergraduate education and in its pursuit of selected high-quality graduate and professional programs consonant with such an education, stresses the development of both moral and intellectual values, an education of the whole person, an education constantly seeking to answer not only “what is” but “what should be.”
  2. The continuing development of an academic community informed by Catholic principles, a community offering its members the opportunity of worship and for deepening their religious commitment, yet a community enriched by men and women of diverse social, racial, ideological, and religious backgrounds, a community opposed to narrow indoctrination or proselytizing of any sort, a community wherein freedom of inquiry and freedom of expression enjoy the highest priorities.
  3. The continuing development of an academic community in which students, teachers, and staff dedicated to the ideals of academic freedom and united in pursuit of truth are actively involved in formulating and in implementing University policies. Because as a university we remain irrevocably committed to intellectual discourse, we acknowledge, affirm, and defend the right of every member of the campus community to freedom of expression, freedom of association, and freedom of exercise of faith in accordance with the University’s stated mission and goals. (A full list of University policies is included in the table of contents of the Student Handbook.)

Expressive Activity Regulations on the Campus of Santa Clara University

Introduction

As an institution of higher education rooted in the Jesuit tradition, Santa Clara is committed to creating and sustaining an environment that facilitates the academic, personal and spiritual development of its members. In keeping with this commitment, University policies and procedures have been formulated to guarantee each student’s freedom to learn and to protect the fundamental rights of all members of the Santa Clara University community and all outside visitors.

Our principles and commitment to creating and sustaining a shared learning environment are expressed in our university documents such as the Student Handbook and the Faculty Handbook.

  • 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.1  
  • Because as a university we remain irrevocably committed to intellectual discourse, we acknowledge, affirm, and defend the right of every member of the campus community to freedom of expression, freedom of association, and freedom of exercise of faith in accordance with the University’s stated mission and goals.2  

This commitment encourages the greatest possible freedom for individual choice and expression with the expectation that individual members of the community will be honest; demonstrate respect for themselves; demonstrate respect for others and property; and demonstrate respect for the law and University standards, policies, and procedures, their administration, and the process for changing them.3 

Definitions

University affiliate: Current Santa Clara University students, faculty, staff, organizations, departments, and offices.4

Non affiliate: A visitor, a member of an external organization, or any individual who is not a current student, faculty, or staff member at the University. 

Event sponsor(s): Santa Clara University chartered and registered student organizations; faculty and staff organizations; departments and offices

Expressive activity: Peaceful dissent, protests in peaceable assembly, and orderly demonstrations such as marches, picketing, protests, vigils, rallies, and displays.5 

Pre-established, regularly scheduled, or otherwise routine or essential University activities include, but are not limited to classes, liturgical celebrations, convocations, commencements, annual recruitment events, orientation, athletic and artistic events, and Grand Reunion. 

1. SCU Faculty Handbook
2. SCU Student Handbook
3. SCU Student Handbook
4. 2004 Santa Clara University Policy on Expressive Activity
5. 2018 Update Santa Clara University Policy on Expressive Activity

Scope and Application

Scope of the Policy

This document sets forth SCU’s policies for organizing and implementing expressive activities. These policies are largely rooted in existing policies that are noted or linked throughout the document.

Application of the Policy

University Affiliates

All of the following policies apply to University affiliates – current Santa Clara University students, faculty, staff, organizations, departments, and offices. In view of the University’s commitment to promote free expression, the campus is open and available to University affiliates  for the purpose of freedom of speech and related expressive activity, subject to the time, place, and manner limitations indicated below.  All other individuals are considered non affiliates for purposes of this policy. Participants in an expressive activity may be asked by a university official for identification to determine if they are members of the SCU community.6

Non Affiliates: Visitors and  Members of External Organizations

The policies described herein apply to University affiliates, who are expected to enforce adherence to them by any invited visitors or members of external organizations whom they invite to join in an expressive activity. As a private institution, the University does not permit visitors or members of external organizations to use University property or facilities for expressive activity, unless they were invited to do so in advance by the event sponsor and their participation was approved in advance as part of the event sponsor’s request. Those who attempt to use our campus for unapproved expressive activities will be considered to be trespassing.

Summary of Policies Regarding Expressive Activity

A number of relevant policies come into play when organizing and implementing expressive activities.  The most relevant policies are summarized below. This information is intended to assist the event sponsor(s) in their planning efforts. Not all policies will apply to every expressive activity.

Student Organization Event Planning Checklist 

Student Organization Expressive Activity Registration Form  

CSO/RSO Event Planning Request

Outdoor Sound Amplification

Time, Place, and Manner Limitations

In order to protect the right of free expression to University affiliates; ensure the safety of students, faculty, and staff; advance the academic mission of the University; and protect the property rights of the University7, the following time, place, and manner limitations are in effect:

  1.  No person or organization shall engage in expressive activity, conduct, or behavior that disrupts the normal or essential operations of the University, including, but not limited to, classes, residence hall quiet hours, University business, liturgical celebrations, or other scheduled University functions.8 Expressive activities must be scheduled to take place at a location and time that will not disrupt normal or essential operations.
  2. Persons or organizations engaged in an expressive activity shall not engage in any conduct or behavior that potentially poses a threat to the safety, welfare, and/or property of the University, its students, faculty, staff9 or guests.
  3. Expressive activities may not impede the flow of pedestrian or service vehicle traffic, limit access routes or thoroughfares on campus, or block access to/from campus facilities.10
  4. Expressive activities shall only be scheduled during the normal operations for the requested facility or space. Campus facilities will not be kept open beyond regular scheduled hours to accommodate expressive activities.
  5. Event sponsor(s) may only use the reserved space to meet the stated goals of the expressive activity.
  6. Encampments, personal tents, overnight camping and other unauthorized use of the facility or space approved  for the expressive activity is prohibited.11
  7. Event sponsor(s) may not erect barriers, structures  or displays without prior permission, and may do so  only in conjunction with the Event Planning process outlined below.12
  8. Open fires or flames are prohibited.13
  9. Head/face covering intended to conceal the identity of the wearer (which do not include personal protective equipment, e.g., medical masks, or religious coverings)  are prohibited.
6. Student Conduct Code #17
7. 2018 Santa Clara University Policy on Expressive Activity
8. 2004 Santa Clara University Policy on Expressive Activity
9. 2004 Santa Clara University Policy on Expressive Activity
10. Student Conduct Code #13,
11. Student Conduct Code #15
12. Student Conduct Code #15
13. Student Conduct Code #15

Event Planning & Reservation of Space

Staff in the Center for Student Involvement are available to assist with event planning, including the reservation of space.

The purpose of a reservation is to assist with communication with event sponsor(s), clarify event goals, and ensure that adequate resources are available to support the proposed event. A reservation will secure the appropriate venue for an expressive activity.14 In keeping with current practice, requests will be considered on a content-neutral basis.  

The event planning process for University affiliates begins with the completion of an Student Organization Expressive Activity Registration Form.

Event sponsor(s):

  1. are required to provide the name, address, telephone number of the event organizer(s), and sponsoring and co-sponsoring organizations; the intended topic; the name(s) of the invited speaker(s), if applicable; and the anticipated attendance at the event, including any proposed participation by non-affiliates;15 
  2. must be actively involved in the planning and execution of the event; 
  3. must be present and visible/available for the duration of the event;
  4. must review & acknowledge SCU’s event policies before extending invitations or promoting the event; and
  5. are responsible for any invited non-affiliates who attend/participate in activities hosted by University affiliates.   

The Center for Student Involvement and/or University Event Planning Office will identify venues that are most appropriate for the event. In order to ensure equal access to the many groups wanting to use the University spaces for events, there may be times when limits on the length of time that a venue can be reserved by a single group will be imposed. 

Student Organizations

The Vice Provost for Student Life, or their designee, is responsible for reviewing requests from student organizations for expressive activity. 

Safety

The safety, care and well-being of our community is central to our commitment to creating and sustaining a shared learning environment. Campus Safety Services is available to assist event sponsors throughout the event planning process and during the event. 

Clean-up of Property  

University organizations engaged in expressive activity shall be responsible for cleaning up any debris or garbage occasioned by their activity, including picking up and properly disposing of any handbills, fliers, or other material distributed as a part of such activity.16   

Mission Church

The Mission Church, including the area bounded by the walkways on each of the four sides of the Mission Church, is an operating Roman Catholic Church. As such, the Mission Church is used exclusively for liturgical celebrations and certain University approved functions. It is not a reservable location for expressive activity.17  

Notification

The event sponsor(s) should complete their request for an expressive activity 72 hours in advance of the planned activity,18 or as soon as practical. Doing so allows for sufficient time to reserve a location for the event and coordinate other campus resources.  Notification is not required for pre-established, regularly scheduled, or otherwise routine or essential University activities such as classes, liturgical celebrations, etc.19  

14. 2004 and 2018 Santa Clara University Policy on Expressive Activity
15. 2018 Santa Clara University Policy on Expressive Activity
16. 2004 Santa Clara University Policy on Expressive Activity
17. 2004 and 2018 Santa Clara University Policy on Expressive Activity
18. 2018 Santa Clara University Policy on Expressive Activity
19. 2018 Santa Clara University Policy on Expressive Activity

Spontaneous Expressive Activity and Counter-Protests 

Occasionally, circumstances arise that make a 72-hour notice impractical, such as when urgent world events or on-campus incidents or events spur spontaneous reactions among community members.  In such cases, at the discretion of the University, the 72-hour notice requirement may be waived. Notification received fewer than 72 hours before the proposed event will be reviewed subject to availability of campus space and other available resources. All time, place, and manner limitations for expressive activity apply to such spontaneous activity and counter-protests. To ensure the safety of the University community, University officials may designate a separate location for those persons or groups engaging in spontaneous expressive activity or counter- protests.

Outdoor Sound Amplification Policy

Santa Clara University encourages recognized student organizations and all other university entities to bring life to the campus through programming, gatherings, and other means. Event reservations and planning takes into consideration the day of the week, time of day, location, impact upon adjacencies, the academic, administrative, and liturgical processes and upon the local neighborhood. 

Events need to be formally requested and approved via the regular business practices of scheduling venues, in a timely manner for all advising and processes to be reviewed. The process for student organizations is by the Center for Student Involvement; non-student entities by the University Event Planning Office; and residence halls by the Office of Residence Life. The procedural details can be found on their respective websites.

The general hours available for outdoor amplification of sound at Santa Clara University are:

  • Friday from 4:30 p.m. to 10:00 p.m.
  • Saturday from 11:00 a.m. to 10:00 p.m.
  • Sunday from 11:00 a.m. to 5:00 p.m.

One PA speaker and one microphone will be allowed outside of these general hours for events on campus with approval from the Event Planning Office.

Outdoor amplification of sound that will exceed (1) PA speaker and/or will extend beyond the approved hours for outdoor amplification requires a City of Santa Clara’s “Outdoor Amplification of Music Permit. *Per Schedule A of the SCCC Section 9.10.040

Outdoor amplification is not permitted Monday through Thursday. No outdoor amplification is allowed during the undergraduate and graduate final exam periods and law school reading period, final exam periods, and commencement. Amplification of music or speech is not permitted in outside areas immediately adjacent to classroom buildings while classes are in session. Some exceptions may be made and will require additional review and approval from The Event Planning Office.

Enforcement:

Noise levels are enforceable by Santa Clara Police Department (SCPD) and Campus Safety Services (CSS). SCPD and/or CSS reserve the right to request that the sound be turned down or turned off, or to cancel the event at any time.

National and local social fraternities and sororities, specifically those organizations with the North-American Interfraternity Conference (formerly known as the National Interfraternity Conference) and National Panhellenic Conference, are not permitted at Santa Clara University. Santa Clara University is not affiliated with, nor does the University recognize, such organizations even if Santa Clara University students are members of those organizations.

Registration

Students are free to organize and to join associations whose stated purposes are consistent with the University mission and its Catholic, Jesuit character. All student organizations seeking eligibility for University benefits must be registered or chartered with the University and must follow the procedures listed below. Registering or chartering a student organization carries with it certain rights and responsibilities. Registered student organizations (RSOs), and chartered student organizations (CSOs), like registered students, can be held accountable to the standards and norms of conduct and civility that help constitute a Catholic, Jesuit campus community. Registering or chartering an organization says to those who belong to it that their contribution is viewed as part of the overall educational mission of the institution and that the students must continue to strive to be faithful to that mission. Rightly understood, however, registering or chartering of an organization does not of itself imply an institution’s endorsement of particular stands the organization may take.

The following are guidelines for the registering and chartering of student organizations:

  1. With the exception of chartered student organizations (CSOs) such as Associated Student Government (ASG) of Santa Clara University, Santa Clara Community Action Program (SCCAP), Activities Programming Board (APB), Into the Wild, Multicultural Center (MCC), KSCU 103.3 FM, Santa Clara Review, The Redwood, and The Santa Clara, Santa Clara University delegates responsibility for the registration of student organizations as follows:
    1. The criteria for becoming a chartered student organization (CSO) are available on the Center for Student Involvement’s website.
    2. All undergraduate student organizations seeking eligibility for University benefits are required to be registered student organizations (RSOs) and approved by the ASG Senate. See the student organization registration website for specific registration information.
    3. Graduate school student organizations seeking eligibility for University benefits are required to be registered by their school’s student government. Registration can also be withdrawn by the action of the appropriate student government. See appropriate graduate student organization bylaws for registration procedures.
  2. Registration and eligibility for University benefits shall be neither withheld, nor denied on the basis of race, color, religion, gender, sexual orientation, disability, national and/or ethnic origin, age, or any other consideration made unlawful by federal, state, or local laws.
  3. Disputes, challenges, and exceptions to the above registration policies shall be presented to the Vice Provost for Student Life or designee.
  4. The University administration reserves the right to review such decisions, offer guidance on them, and even intervene when necessary if the educational values and mission of the University appear to be undermined. Santa Clara University seeks to encourage the exercise of responsible freedom; therefore, student representatives should be allowed the greatest possible discretion in making these judgments.                                                                                                                                    A written request for administrative intervention may be filed with the Vice Provost of Student Life, by the student petitioner, within five working days from the conclusion of the announced decision of the Associated Student Government (ASG) Student Court appeal process.
    The request for intervention will identify why the petitioner believes the educational values and mission of the University may have been undermined. The Vice Provost for Student Life will notify the ASG that a request for administrative intervention was filed. The Vice Provost for Student Life may consult directly with members of the ASG, if appropriate. The Vice Provost for Student Life will issue a decision regarding the intervention within five working days of receiving the request. The decision of the Vice Provost for Student Life is final.

  5. Registering or chartering a student organization in no way implies that the University endorses positions or points of view espoused privately or publicly by the organization, and the student organization should represent itself in ways that make this point clear.
  6. All student organizations seeking registration shall, at the time they apply to be registered, meet the following criteria and agree to the following rights and responsibilities:

             Rights

    1. Use of the University name in association with the student organization in the manner designated by the institution
    2. Use of University facilities at no charge or at reduced charge
    3. Ability to solicit membership on campus
    4. The opportunity to sponsor events, plan programs, hold fundraisers, and host guest speakers in accordance with relevant University policies
    5. Eligibility to request student activity funding from appropriate sources
    6. Access to campus services, leadership programs, the expertise of a faculty or staff advisor, representation by the respective student government, and the advice and counsel from the appropriate administrative offices
    7. Use of designated posting areas for print and digital material and other communication resources on campus

      Responsibilities

      1. The student organization shall be reviewed for compliance of their activities with their constitution, shall have a constitution that states the purpose and goals of the organization and how they are consistent and compatible with the mission and goals of the institution and its Catholic, Jesuit character. Any changes in an organization’s constitution related to the purpose of the organization will require review of the organization’s registration status
      2. The constitution and other registering or chartering materials should include a statement with respect to
        the student organization’s affiliation, if any, with off-campus organizations
      3. The student organization should agree to institutional policies and procedures appropriate to the organization’s activities and conduct both on and off campus
      4. The student organization shall ensure that all leaders and officers meet the “Eligibility Policy for Participation in Student Activities”
      5. The student organization should agree that the exercise of freedom of expression will be peaceful and non-disruptive, with appropriate consideration of and respect for differing points of view
      6. The student organization should seek the advice and counsel of its advisor
      7. The student organization shall ensure that activities and programming are consistent with the organization’s constitution and bylaws (or similar documents) as well as adherent to University policies and local, state, and federal laws including Title IX, Section 504 of the Rehabilitation Act, Americans with Disabilities Act,
        and NCAA bylaws
          H. The student organization shall operate on a
               non-profit basis
  7. Clarification and interpretation of the above guidelines will be provided as needed by the Vice Provost for Student Life or designee.               

 Activities Regulation

  1.   The University reserves the right to:
    1. Limit or restrict the on-campus activity of any student organization, registered or unregistered, or any individual whose purposes are directly contrary to the institution’s stated mission and purpose and its Catholic, Jesuit character
    2. Exclude funding or other forms of University support for particular events that involve the organized advocacy of positions or activities deemed contrary to the institution’s stated mission and purpose and its
      Catholic, Jesuit character
  2.  The University also has the right to regulate the time, place, and manner of all on-campus student activities and expression, and to prohibit any activity, speech, or expression that is deemed by the administration to create a clear and present danger of:
    1.  Blocking roadways or walkways or common areas
    2. Restricting or preventing physical access to campus buildings
    3. Generating excessive noise
    4.  Interfering with or disrupting classes or unlawfully interfering with other campus events or activities    
  3.  In addition, the University has the right to prohibit, prevent, or stop expression which, by its content:
    1.   Presents a clear and present danger of inciting violence or unlawful behavior
    2. Advocates the physical harm, coercion, intimidation, or other invasions of personal rights of individual students, faculty, staff, administrators, or guests
    3. Violates University policies regarding harassment and student conduct    
    4. Advocates willful damage, destruction, or seizure of University buildings or other campus property; destruction or interference with University classes; or unlawful interference with University events or activities
  4. The University has the right, through its Student Conduct System, to impose discipline, as deemed appropriate, on any student or student organization whose oral or written expression violates University policy or codes of conduct  or goes beyond that which is protected by this particular policy.

Scheduling 

All activities held by registered student organizations (RSOs) and chartered student organizations (CSOs), other than an informal meeting, must be scheduled by the appropriate University office.

Events scheduled inside a residence hall must end by the start of quiet hours, unless prior permission is granted by the appropriate resident director or area coordinator. Events held in outdoor areas adjacent to residence halls and Benson Memorial Center must end by nightfall Sunday through Thursday and by midnight on Friday and Saturday.

Risk Management

Student organizations planning an event must follow risk management strategies. Risk management strategies may include, but are not limited to, the review of contracts, transportation, fire and safety regulations, crowd-safety and security, instructor/facility certification, accessibility for disabled individuals, hosting minors, food safety, and waivers and insurance. For additional information, contact the Center for Student Involvement.

Amplified Sound

Organizations wishing to have amplified music at an outside event must obtain specific approval from the manager of the facility being reserved. Approval then must be granted from the City of Santa Clara for an outside noise permit. The general hours available for outdoor amplification of sound are Friday from 4:30 p.m. to 10 p.m., Saturday from 11 a.m. to 10 p.m., and Sunday from 11 a.m. to 5 p.m. Outdoor amplification is not permitted Monday through Thursday. No outdoor amplification is allowed during the undergraduate and graduate final exam periods and law school reading period, final exam periods, and commencement. Amplification of music or speech is not permitted in outside areas immediately adjacent to classroom buildings while classes are in session.

The Family Educational Rights and Privacy Act of 1974 (FERPA) protects the confidentiality of the University records of Santa Clara University students. A student is any person who attends or has attended class, which includes courses taken through video conference, satellite, Internet, or other electronic and telecommunication technologies, and for whom the institution maintains education records. The University is authorized under provisions of the Act to release directory information to any person on request, unless a student explicitly requests in writing that the University not do so and keep directory information confidential.

A student’s directory information is designated as follows:

  1. Student’s name
  2. Address: Campus post office box, local, and permanent addresses (residence hall and room numbers are not disclosed)
  3. Telephone number
  4. Email address
  5. Photograph
  6. Date and place of birth
  7. Major field of study
  8. Classification level/academic level
  9. Dates of attendance (defined as academic year or quarter)
  10. Participation in officially recognized activities and sports
  11. Weight and height of members of athletic teams
  12. Degrees (including expected or actual degree date), honors, and awards received and dates
  13. Most recent educational agency or institution attended

During the registration period and throughout the academic year, students are able to update their privacy settings in their Workday account by entering “Manage My Privacy Settings” in the search bar. They can choose to share or not share their information outside SCU and choose to make or not make their directory information public. They can update their personal information and privacy settings at any point during their matriculation as a SCU student.

The University is authorized under FERPA to release educational and directory information to appropriate parties without consent if the University finds an articulable and significant threat to the health or safety of a student or other individuals in light of the information available at the time.

Former or current borrowers of funds from any Title IV student loan program should note carefully that requests for nondisclosure of information 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.

Students have the right to inspect and review their educational records at the following offices:

  1. Official academic records, including application forms, admission transcripts, letters of acceptance, and a student’s permanent academic record are on file and maintained in the Office of the Registrar
  2. Working academic files are also maintained by the Drahmann Center
  3. Records related to a student’s nonacademic activities are maintained in the Dean of Students Office
  4. Records relating to a student’s financial status with the University are maintained in the various student financial services offices

Certain records are excluded from inspection, by law, specifically those created or maintained by a physician, psychiatrist, or psychologist in connection with the treatment or counseling of a student. Parents’ financial information, including statements submitted with scholarship applications, is also excluded from inspection, by law. Third parties may not have access to educational records or other information pertaining to students without the written consent of the student about whom the information is sought.

Students have the right to request the amendment of their educational records to ensure that they are not inaccurate, misleading, or otherwise in violation of the student’s privacy or other rights. Students may direct complaints regarding academic records to the dean of the college or school in which they are enrolled or to the University registrar. In addition, 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 the Act. Written complaints should be directed to the Family Policy Compliance Office, Department of Education, 400 Maryland Ave. SW, Washington, D.C. 20202-5920.

For further information regarding Santa Clara University’s FERPA policy, see FERPA Policy.

As a recipient of federal financial assistance for education activities, Santa Clara University is required by Title IX of the Education Amendments of 1972 to ensure that all of its admissions practices (except as permitted by law), education programs and activities do not discriminate on the basis of sex or gender. Sex includes sex, sex stereotypes, gender identity, gender expression, sexual orientation, and pregnancy or parenting status. In accordance with Title IX, federal, and state law, the University will provide reasonable accommodations based on the needs of pregnancy, childbirth, or related medical conditions. Sexual harassment, sexual assault, dating and domestic violence, and stalking are forms of sex discrimination, which are prohibited under Title IX and by University policy. The University also prohibits retaliation against any person opposing discrimination or participating in any discrimination investigation or complaint process internal or external to the institution.

To review the University’s complete policy, as well as more detailed information regarding Title IX-related procedures, please see the Office of Equal Opportunity and Title IX website.

Nondiscrimination, Harassment, and Sexual Misconduct Policy

Santa Clara University’s vision is to educate citizens and leaders of competence, conscience, and compassion and cultivate knowledge and faith to build a more humane, just, and sustainable world. Central to the University’s Jesuit values and identity is its commitment to creating an inclusive community that is enriched by people of different backgrounds, respectful of the dignity of all its members, enlivened by mutual respect, open communication, care, and justice.

In furtherance of its core values, the University believes that all members of the University community, including students, faculty, staff, guests, and visitors, should pursue their work, education, and engagement in University programs and activities in a safe environment, free from all forms of unlawful discrimination, harassment, and retaliation. Cura personalis calls and inspires us to care for the whole person, body, mind, and spirit, in the fullness of one’s dignity, towards belonging and flourishing.

To that end, the University prohibits discrimination against any individual on the basis of race, color, ethnicity, national origin, citizenship, ancestry, religion, age, sex, sexual orientation, sex stereotypes, sex characteristics, gender, gender expression, gender identity, marital status, registered domestic partner status, parental status, veteran or military status, physical or mental disability (including perceived disability), medical conditions (including cancer related or genetic characteristics), pregnancy or related conditions (including childbirth, termination of pregnancy, lactation, or related medical conditions), recovery from pregnancy or related conditions, reproductive health decision making, or any other basis prohibited under applicable federal, state, or local laws and their implementing regulations, in any of the University’s educational and other programs and activities, its admissions, and its employment practices.

Policy Statement of What Constitutes Consent

Consent is affirmative, conscious, knowing, voluntary and clear permission by word or action to engage in sexual activity. 

Individuals may experience the same interaction in different ways. Therefore, it is the responsibility of each Party to determine that the other has consented before engaging in the activity.

  • If consent is not clearly provided prior to engaging in the activity, consent may be ratified by word or action at some point during the interaction or thereafter, but clear communication from the outset is strongly encouraged.
  • 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 Person A, Person B can kiss them back (if they 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 within a reasonable time.
  • 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 in relationships must also be considered in context. When parties consent to BDSM or other forms of kink, non-consent may be shown by the use of a safe word. Resistance, force, violence, or even saying “no” may be part of the kink and thus consensual, so the Recipient’s evaluation of communication in kink situations should be guided by reasonableness, rather than strict adherence to the policy that assumes non-kink relationships as a default.
  • Proof of consent or non-consent is not a burden placed on either party involved in an incident. Instead, the burden remains on the University to determine whether its Policy has been violated. The existence of consent is based on the totality of the facts and 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.

In assessing Consent the Respondent’s belief is not a valid excuse for a lack of consent where:

  • Respondent’s belief arose from the Respondent’s own intoxication, being under the influence of drugs, alcohol, or medication, and/or recklessness; or
  • Respondent did not take reasonable steps, in the circumstances known to the Respondent at the time, to ascertain whether the Complainant affirmatively consented; or 
  • Respondent knew, or a reasonable person should have known, that the Complainant was unable to consent because the Complainant could not understand the fact, nature, or extent of the sexual activity because they were asleep or unconscious; incapacitated due to the influence of drugs, alcohol, or medication; or unable to communicate due to a mental or physical condition. “Should have known” is an objective, reasonable person standard that assumes that a reasonable person is both sober and exercising sound judgment.

"Should have known" is an objective, reasonable person standard that assumes that a reasonable person is both sober and exercising sound judgment.

Individuals under the statutory age of consent cannot give Consent under this Policy. In California, the statutory age of consent is 18.

Incapacitation

A person cannot Consent if they are unable to understand what is happening or are disoriented, asleep, or unconscious, for any reason, including by alcohol or other drugs. When alcohol or other drugs, including date rape drugs (such as Rohypnol, Ketamine, GHB, etc.), are involved, a person will be considered unable to give valid Consent if they cannot fully understand the details of a sexual interaction (the who, what, when, where, why, or how) because they lack the capacity to reasonably understand the situation.

  • A Respondent violates this Policy if they engage in sexual activity with someone who is incapable  of giving consent.
  • 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 intoxication, impairment, blackout, and/or being drunk.
  • This Policy also covers a person whose incapacity results from a temporary or permanent physical or mental health condition, involuntary physical restraint, and/or the consumption of incapacitating drugs.

It is a defense to a violation of this Policy that the Respondent neither knew nor should have known the Complainant to be physically or mentally incapacitated. The question of whether the Respondent "knew or should have known" is determined using an objective, reasonable person standard which assumes that a reasonable person is both sober and exercising sound judgment.

Force

  • Force is the use of physical violence and/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.
  • 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. Resistance is not required or necessary to demonstrate non-Consent, although resistance is a clear demonstration of non-Consent.

Coercion

  • Coercion is unreasonable pressure for sexual activity. Coercive conduct differs from seductive conduct based on factors such as the type and/or extent of the pressure used to obtain consent. When someone makes clear that they do not want to engage in certain sexual activity, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.

Reporting Options

Anyone may make a report of Prohibited Conduct. The University strongly encourages those who believe they have been subjected to or witnessed Prohibited Conduct to report such acts promptly to the University. The University also strongly encourages those who have experienced physical assault or violence, including sexual assault, to understand their options and rights to seek assistance from a medical provider and report the assault to local law enforcement as soon as possible after the incident, in order to preserve evidence and begin a timely investigative and remedial response.

While there is no timeline for making a report of Prohibited Conduct, the University encourages the prompt reporting of a complaint as the ability of the University to respond to the complaint may be hindered by the passage of time.

An individual may report Prohibited Conduct pursuant to one or more of the following reporting options at any time. The reporting options set forth below are not mutually exclusive.

Confidential Reporting Options

Confidential Employees are those University employees whose communications are privileged under state or federal law, and generally include those who provide medical or clinical care services, mental health providers, counselors, certain victim advocates, and ordained clergy. For more information about on-campus Confidential Employees and off campus confidential resources, please visit the Office of Equal Opportunity and Title IX’s resources webpage.

  • Student Health, Counseling, and Well-Being, 408-554-4501; 
  • Wellness Center, 862 Market Street, 408-554-4409;

The confidential advocate is located in the SCU Wellness Center and offers free, confidential support to students who have been impacted by sexual assault, relationship violence, and stalking. The advocate aims to provide a safer, compassionate, and non-judgmental space for students to explore their options, rights, and resources.

  • Members of the clergy or chaplains (who are acting in such a capacity as conducting a confession etc.).

For more information regarding confidential resources, please see On and Off Campus Resources website.

Non-Confidential Reporting Options

Reporting to Law Enforcement

Any individual who has experienced physical assault or violence, including sexual assault, or other criminal conduct, has the right to make a report to law enforcement and the right to decline to make a report to law enforcement. The decision not to make a report to law enforcement shall not be considered as evidence in a determination as to whether or not there was a violation of this Policy.

Proceedings under this Policy may be carried out prior to, simultaneously with, or following civil or criminal proceedings. However, when a complaint is made to the University as well as to law enforcement, and in response to a request from law enforcement, the University may temporarily delay its process for a reasonable amount of time to allow law enforcement to gather evidence of criminal misconduct. Criminal proceedings apply a higher standard of proof than the standard of proof applied in this Policy. Criminal or civil legal proceedings are separate from the processes in this Policy and do not determine whether this Policy has been violated.

The University operates under a Memorandum of Understanding with the Santa Clara Police Department. The Memorandum of Understanding establishes standards on matters of mutual concern regarding law enforcement on the University campus, including the uniform reporting of criminal activity. Pursuant to the Memorandum of Understanding, the University may be required to report certain Prohibited Conduct that could also be a crime. Consistent with the requirements of the California Education Code, reports of sexual assault will be made without identifying the Complainant or the Respondent unless the Complainant consents to being identified, unless the Respondent represents a serious or ongoing threat to the safety of students, employees, or the University, or the immediate assistance of local law enforcement is necessary to contact or detain the Respondent.

Reporting to the University

All complaints of Prohibited Conduct will be taken seriously and in good faith. The Office of Equal Opportunity and Title IX can provide information and guidance regarding how to make a report to the University and/or file a complaint with local law enforcement, as well as information and assistance about what course of action may best support the individual(s) involved and how best to address the complaint.

Report directly to the Office of Equal Opportunity and Title IX:

Report Anonymously 

Any individual may make an anonymous report of Prohibited Conduct under this Policy. In doing so, the individual may make the report without disclosing their name, identifying the Respondent, or requesting any action. The University’s ability to respond may be limited, depending on the extent of the information available about the incident or the individuals involved. Anonymous reports can be submitted through EthicsPoint.

Other campus reporting options

Students may report incidents and seek support from other University officials, including:

  • The Dean of Students Office
  • The Office of Residence Life (including Community Facilitators, Resident Directors, Assistant Resident Directors, Neighborhood Ambassadors, and Area Coordinators)
  • Spirituality Facilitators
  • The Office of Housing
  • Athletics and Recreation
  • The Center for Student Involvement
  • The Drahmann Center
  • The Office of Accessible Education
  • The Career Center
  • Campus Ministry

These University resources are required to report incidents to the Director of Equal Opportunity and Title IX, who will oversee the 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.

Preservation of Evidence in an Assault

The preservation of evidence is critical to potential criminal prosecution and to obtaining restraining orders, and particularly time-sensitive. The University will inform the Complainant of the importance of:

  • Seeking medical care and forensic medical assistance at the hospital, ideally within 24–72 hours of the incident (sooner is better).
  • Preserving evidence in a paper bag.
  • Individuals considering a forensic exam should go directly  to a medical facility in their county.
  • Avoiding showering, bathing, washing hands or face, or douching, if possible, but evidence may still be collected even if you do.
  • Trying not to urinate.
  • If oral sexual contact took place, refraining from smoking, eating, drinking, or brushing teeth.
  • If clothes are changed, placing soiled clothes in a paper bag  (plastic destroys evidence).

Support and Assistance

Supportive measures are offered and provided promptly and equitably to either or both the reporting party (or “Complainant” and the responding party (or “Respondent”) upon receipt of any report or Formal Complaint. Supportive measures are intended to address any immediate concerns for health and safety and facilitate an individual’s continued access to their educational program and employment, as appropriate. Reporting parties who come forward will not be forced to participate in an investigation or participate in an informal or formal process that they do not wish to pursue. Supportive measures are non-disciplinary, non-punitive, and individualized, as appropriate, as reasonably available, and without fee or charge to the reporting party/Complainant or Respondent. Supportive measures may be requested, modified, or discontinued at any time. These actions may include, but are not limited to:

  • Referral to confidential counseling, mediation, and other health services and assistance in setting up the initial appointment (on- and off-campus).
  • Referral to advocacy and support services  (on- and off-campus). • Referral to the Employee Assistance Program.
  • Visa and immigration assistance.
  • Student financial aid counseling.
  • Education to the University community or  community subgroup(s).
  • Making changes to campus housing.
  • Altering work arrangements for employees or  student-employees.
  • Safety planning, such as increased security and monitoring of certain areas of the campus.
  • Providing campus escorts.
  • Implementing contact limitations (No Contact Directives) or “Be-On-the-Lookout” (BOLO) orders for non-affiliates/ banned individuals of the University.
  • Providing transportation accommodations.
  • Implementing contact limitations (no contact orders) between the parties.
  • Academic support (e.g., requesting extensions of time, makeup work, or other course-related adjustments; allowing a student to withdraw or take grades of incomplete without financial penalty, in consultation with the instructor and/or department chair and dean’s office).
  • SCU Bronco Alerts will consist of Emergency Notifications, Timely Warnings, and other types of safety messaging. They can be issued to the Campus Community via SMS text message, Guardian App, voice calls, email, and in certain situations, social media. 

For more information on supportive and protective measures available to students, please see EO&TitleIX Report.

Both Complainants and Respondents may select any person to be an Advisor of their choice. The Advisor may be a friend, mentor, family member, attorney, or any other individual a party chooses to advise, support, and consult with them throughout the resolution process. The parties may choose Advisors from inside or outside of the University community. Parties also have the right to choose not to have an Advisor in the initial stages of the resolution process, before the hearing.

In addition, Parties may also seek guidance from other individuals (support person/advocate) who are not designated as their Advisor for emotional support. A support person or advocate, however, who is not identified as the party’s “Advisor” may not attend or participate in the University’s investigation and resolution process.

For more information about Advisors and Support People, please see EO&Title IX Policies.