University policies, procedures, and standards are designed to foster a climate in which students can succeed during their time at the University. All law students are expected to familiarize themselves with these policies, procedures, and standards and adhere to them as well. University policies on the following topics can be found online www.scu.edu/studentlife/about/osl.cfm

– Academic Integrity (Law students, please also refer to School of Law Academic Integrity Policy.)
– ACCESS Card Policy
– Alcoholic Beverage Policy
– Responsible Hosting of Events Where Alcohol is Served
– Alcohol Policy Within University Housing
– Alcohol & Controlled Substance Violations: Parental Notification Policy
– Building Evacuation and Fire Safety
– Communicable-Diseases Policy
– Computing and Electronic Resources Policy
– Contraception Availability Policy Statement
– Crime Reporting
– Death of a Parent or a Student
– Disabilities Resources
– Drug-Free Policies
– Eating Disorders
– Eligibility Policy for Participation in Student Activities: Academic Standing and Discipline Status
– Expressive Activity Regulations on the Campus of Santa Clara University
– Medical Marijuana Policy
– No Contact Directives
– Nondiscrimination Policy
– Policy for Withdrawal for Health Reasons
– Posting Printed Material & Chalking
– Pregnancy Resources
– Gender-Based Discrimination and Sexual Misconduct Policy Purpose Statement
– Sexually Transmitted Infections
– Smoke-Free and Tobacco-Free Policy
– Solicitation Polity
– Speakers Policy
– Student Organizations
– Student Records and FERPA
– Transportation
– Housing and Residence Hall Policies, Procedures, and Standards
– University Judicial System

For information on the Parking Policy, please visit https://university-operations.scu.edu/campus-safety/parking-and-transportation-services/parking-services/

Title IX and Americans With Disabilities Act

The Americans With Disabilities Act, As Amended Requires That The University Ensure That All Students Have Equal Access To Academic And University Programs. Students With Disabilities Who Are Registered With The Disabilities Resources Office May Be Qualified To Receive An Accommodation, Auxiliary Aid Or Service Based On Supporting Documentation.  The Federal Department Of Education Has Issued A Clarification Of Laws Associated With Title IX And Class Attendance. To Be In Compliance With Title IX, A School Must Offer Appropriate Accommodation To A Student Whose Absence Is Related To Pregnancy Or Childbirth For As Long As The Student’s Doctor Deems The Absence To Be Medically Necessary.

See “Supporting the Academic Success of Pregnant and Parenting Students under Title IX of the Education Amendments of 1972,” U.S. Department of Education, Office for Civil Rights, June 2013.

Nondiscrimination Policy

Santa Clara University prohibits discrimination and harassment on the basis of race, color, religious creed, sex, gender, gender expression, gender identity, sexual orientation, religion, marital status, registered domestic partner status, veteran status, age, national origin or ancestry, physical or mental disability, medical condition including genetic characteristics, genetic information, or any other consideration made unlawful by federal, state, or local laws in the administration of its educational policies, admissions policies, scholarships and loan programs, athletics, or employment-related policies, programs, and activities; or other University-administered policies, programs, and activities.

Additionally, it is the University’s policy that there shall be no discrimination or retaliation against employees or students who raise issues of discrimination or potential discrimination or who participate in the investigation of such issues. The University will provide reasonable accommodations for the known physical or mental limitations of an otherwise qualified individual with a disability under the law.

Inquiries regarding equal opportunity policies, the filing of grievances, or requests for a copy of the University’s grievance procedures covering discrimination and harassment complaints should be directed to:

Belinda Guthrie

EEO and Title IX Coordinator

Office of EEO and Title IX

Santa Clara University

900 Lafayette Street, Suite 100

Santa Clara, CA 95050

408-551-3043

bguthrie@scu.edu

www.scu.edu/title-ix

 

Gender-Based Discrimination and Sexual Misconduct Policy Purpose Statement

Santa Clara University is committed to providing an environment free of gender-based discrimination, including sexual harassment, sexual misconduct, sexual violence and assault, relationship (dating and domestic) violence, and stalking. The University provides resources and reporting options to students, faculty, and staff to address concerns related to gender-based discrimination and sexual misconduct prohibited by Title IX and University policy, and, through training and education, works to prevent its occurrence. The University seeks to provide a consistent, caring, and timely response when sexual and gender-based misconduct occurs within the University community. When the University becomes aware of allegations of sexual misconduct, it will take prompt and effective action. This action may include an initial assessment of safety and well-being, implementing interim remedies at no cost to the complainant for protection and support, discussing how the complainant wishes to proceed, initiating an investigation, and identifying appropriate avenues for resolution. The University’s response will be overseen by the EEO and Title IX Coordinator.

The University’s Gender-Based Discrimination and Sexual Misconduct Policy applies to all students, faculty, and staff, and includes any individual regularly or temporarily employed, studying, living, visiting, or serving in an official capacity at Santa Clara University (including volunteers and contractors).  The policy applies to both on-campus and off-campus conduct and to online actions that have a potential or actual adverse impact on any member of the University community, or  which substantially interfere with a  person’s ability to participate in University  activities, or which could affect a substantial University interest or its educational mission.

Policy Statement on What Constitutes Consent

The University adheres to California’s definition of affirmative consent for sexual activity. “Affirmative consent” means affirmative, conscious, and voluntary agreement to engage in sexual activity. Under this definition, “No” always means “No.” “Yes” means  “Yes” only if it is a clear, knowing, and voluntary consent to any sexual activity.  Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent. Fully informed consent means that a person understands the details of a sexual interaction (who, what, when, where, why, and how).

It is the responsibility of each person involved in the sexual activity to ensure that he or she has the affirmative consent of the other or others to engage in that activity. Consent can be given by words or action, but non-verbal consent is not as clear as talking about what a person does or does not want sexually. Consent to some form of sexual activity cannot be automatically taken as consent to any other form of sexual activity. Silence–without actions demonstrating permission–cannot be assumed to show consent.  Consent is also not voluntary if forced or coerced. Coercing a person into sexual activity violates the University’s policy in the same way as physically forcing someone into sexual activity. Because alcohol or drug use can impair the capacity to consent, sexual activity while under the influence of alcohol or drugs raises questions about consent.  It shall not be a valid excuse that the accused (hereafter “respondent”) believed that the reporting party (hereafter “complainant”), affirmatively consented to the sexual activity if the accused knew or reasonably should have known that the complainant was unable to consent to the sexual activity..

Reporting Options

There are several ways to report an incident of gender-based discrimination, sexual misconduct, sexual violence, intimate partner violence, and stalking.

  • For immediate, emergency assistance or to report a crime, students should call the City of Santa Clara Police Department: dial 911 or call Campus Safety Services: dial 408-554-4444.For immediate, emergency assistance or to report a crime, students should call the City of Santa Clara Police Department: dial 911 or call Campus Safety Services: dial 408-554-4444.
  • Students wishing to seek confidential assistance may do so by speaking with professionals who have the privilege of maintaining confidentiality except in extreme cases of immediacy of threat or abuse of a minor. Confidential resources include on- and off-campus mental counselors, health service providers, advisors available through the University’s Violence Prevention Program, local rape crisis counselors, domestic violence resources, and members of the clergy and chaplains.
  • Students may report incidents and seek support from University officials, including the EEO and Title IX Coordinator, Office of Student Life, Residence Life (including Community Facilitators, Resident Directors, Assistant Resident Directors, Neighborhood Representatives, and Assistant Area Coordinators), Spirituality Facilitators, Housing, Athletics and Recreation, Center for Student Leadership, Drahmann Center, Disability Resources, Career Center, and Campus Ministry. Theses University resources are required to report incidents to the EEO and Title IX coordinator, who will oversee investigation and resolution process. At the time a report is made, a complainant does not have to decide whether or not to request disciplinary action.

For more information about reporting, response, and adjudication, please see the University’s Gender-Based Discrimination and Sexual Misconduct Policy or contact the EEO and Title IX Coordinator, Belinda Guthrie, 900 Lafayette Street, Suite 100, 408-551-3043, bguthrie@scu.edu, www.scu.edu/title-ix, or the Violence Prevention Program Coordinator, Olga Phoenix, 862 Market Street, 408-554-4409, ophoenix@scu.edu.