Motor Vehicle Policies 

On-Campus Parking 

SCU, located in a socioeconomically stable residential area, maintains an obligation to its neighbors to recognize and support their needs and the community needs of the University. As student enrollment continues to grow, control of off-street parking is essential for a responsible community/University relationship. The University recognizes that homeowners bordering the campus on East Amber Valley Drive, Tigrina Avenue, and Candlelight Drive have the right to park in front of their residences without interference from students and employees of the University. The administration will make all reasonable efforts to support and enforce residents’ right of freedom to park in front of their own homes. The University will make every effort to maintain adequate on- campus parking for all students, faculty, administrators, staff, and visitors. Therefore, all employees, whether full-time, part-time, or contractual, and all students who attend this University shall park in the spaces provided on University property as governed and enforced by the current parking regulations.

Vehicle Control 

Parking on the campus shall be in accordance with University policies and regulations as permitted by California Vehicle Code (CVC) Section 21113. Violators of such policies and regulations shall be discouraged by the means provided in the following regulations. The University reserves the right to place a citation notice on the windshield of the vehicle indicating the violation and the fine imposed. The Department of Campus Safety has the responsibility and authority to administer the Traffic and Parking Regulations of the University. It is a violation to willfully fail or refuse to comply with any lawful order, signal, or direction of any security officer. It is a violation to fail to obey any sign or signal erected or maintained to indicate and carry out the provisions of this code. Barriers, barricades, fences, or posts may be placed at any point and at any time to restrict traffic as may be deemed necessary for safety and convenience. The removal or moving of such barriers, barricades, fences, or posts, except for emergency purposes, is forbidden without the permission of the Department of Safety.

Vehicle Parking

Each vehicle shall be parked within the limits of a marked parking stall. Vehicles shall be parked facing into the parking stall. Only one vehicle shall be parked in each stall. Only University maintenance vehicles or authorized emergency vehicles may be parked in maintenance stalls. Unauthorized vehicles will be subject to citation or be towed to the nearest garage at the owner’s expense.

No vehicle (including motorized bicycles when under power) shall be driven or parked on any area that has been landscaped or on any paved walk or unpaved pathway designated for pedestrian use only. Exempt from this are emergency vehicles enroute to a call and specific maintenance vehicles.

Unauthorized Handling of Safety Equipment 

The unauthorized alteration, misuse, or tampering with of any equipment or device intended for use in preserving or protecting the safety of members of the University community, including, but not limited to, exit signs, fire extinguishers, fire alarms, fire boxes, standpipes, first aid equipment, or telephones, is prohibited. Violation of this policy is subject to appropriate discipline.

Weapons 

The use or carrying of weapons of any kind (with or without a license to carry a concealed weapon) onto University property or onto property used for University programs and while in the course and scope of performing work for the University, whether on University property at the time or not, is prohibited. For the purposes of this policy, the following are considered to be weapons:

1. Any weapon that, per applicable law, is illegal to possess;
2. Any firearm, loaded or unloaded, assembled or disassembled, including pellet, “BB,” and stun guns;
3. Knives (and other similar instruments) with a blade of more than three inches and other than those present in the workplace for specific purpose of facilities or classroom use, food preparation, and service;
4. Any switchblade knife;
5. Brass knuckles, metal knuckles, and similar weapons;
6. Bows, crossbows, and arrows;
7. Explosives and explosive devices, including fireworks and incendiary devices;
8. Any object that has been modified to serve as, or has been employed as, a dangerous weapon. Violation of this policy is subject to appropriate discipline.

Unmanned Vehicles 

The operation of a drone, UAV (unmanned aerial vehicle), or any other unmanned or remotely controlled device at or over SCU property requires approval from the President or the Chief Operations Officer. Use of said devices without approval is strictly prohibited. In order to obtain approval for the operation of any vehicle as stated above, the operator must file an application with the AVP for Auxiliary Operations at least 72 hours prior to the planned operation.

The proposed operation must not pose a threat to safety, privacy, operations, or the environment, and must be deemed to be in the best interests of the University. Approval, once given, may be rescinded if it is determined that the information provided is incorrect or incomplete or if circumstances have changed and a determination is made that the planned operation is not in the campus community’s best interests. SCU also reserves the right to immediately order the cessation of any operation that is deemed to create a hazard or interference with any campus equipment or activity and must additionally be provided access - on request - to all data being collecting in order to ensure compliance with the above policy.

SCU takes positive action to ensure that students and employees are treated in compliance with applicable laws and regulations governing nondiscrimination on the basis of race, color, creed, religion, sex, national origin, disability, age, sexual orientation, gender identity, genetic characteristics, marital status, pregnancy, childbirth or related individual conditions, medical condition (as defined by state law), military status, political affiliation, or any other characteristic protected by federal, state, or local law. It is therefore a violation of University policy to discriminate in the provision of educational or employment opportunities, benefits, programs, activities, or privileges; to create discriminatory work or academic conditions; or to use discriminatory evaluative standards in employment or educational settings if the basis of that discriminatory treatment is, in whole or in part, the person’s race, color, creed, religion, sex, national origin, disability, age, sexual orientation, gender identity, genetic characteristics, marital status, pregnancy, childbirth or related individual conditions, medical condition (as defined by state law), military status, political affiliation, or any other characteristic protected by federal, state, or local law. 

Discrimination on the Basis of Sex

SCU is committed to providing a learning and working environment that promotes personal integrity, civility, and mutual respect in an environment free of discrimination on the basis of sex, including all forms of sexual misconduct. Sex discrimination violates an individual’s fundamental rights and personal dignity. SCU considers sex discrimination in all its forms to be an egregious offense. This policy refers to all forms of sex discrimination, including, but not limited to: sexual harassment, sexual assault, and sexual violence by employees, students, and/or third parties.

Sexual Discrimination

Sexual discrimination is defined as inequitable treatment of individuals on the basis of gender, including both sexual harassment and sexual assault.

Discriminatory Harassment of a Non-Sexual Nature

It is the University’s policy to prohibit discriminatory harassment of a non-sexual nature, including verbal, physical, or graphic conduct that denigrates or shows hostility or aversion toward an individual or group on the basis of the person’s race, color, creed, religion, sex, national origin, disability, age, sexual orientation, gender identity, genetic characteristics, marital status, pregnancy, childbirth or related individual conditions, medical condition (as defined by state law), military status, political affiliation, or any other characteristic protected by federal, state, or local law (protected characteristic) and that: 

1. Has the purpose or effect of creating an intimidating, hostile, or offensive employment or educational environment; 
2. Has the purpose or effect of unreasonably interfering with an employee’s work performance or a student’s academic performance; or 
3. Otherwise adversely affects an individual’s employment or educational opportunities.

Examples of harassment include verbal harassment (including slurs, jokes, insults, epithets, gestures, or teasing), graphic harassment (including offensive posters, symbols, cartoons, drawings, computer displays, or emails), and physical conduct (including physically threatening another, blocking someone’s way, etc.) that denigrates or shows hostility or aversion toward an individual because of any protected characteristic.

Sexual Harassment

Sexual harassment is defined as unwanted or unwelcome sexual advances, or visual, verbal, or physical conduct of a sexual nature. This definition includes many forms of offensive behavior and includes gender-based harassment of a person of the same sex as the harasser. The following is a partial list of sexual harassment examples:

1. Unwanted sexual advances;
2. Offering employment or academic benefits in exchange for sexual favors;
3. Making or threatening reprisals after a negative response to sexual advances;
4. Visual conduct that includes leering; making sexual gestures; or displaying sexually suggestive objects or pictures, cartoons, or posters;
5. Verbal conduct that includes making derogatory comments or jokes or using epithets or slurs;
6. Verbal sexual advances or propositions;
7. Verbal abuse of a sexual nature,  graphic  verbal  commentaries  about  an  individual’s  body; sexually degrading words used to describe an individual; or suggestive or obscene letters, notes, or invitations;
8. Physical conduct that includes touching, assaulting, or impeding or blocking movements; or 
9. Unwelcome sexual advances (either verbal or physical), requests for sexual favors, and other verbal or physical conduct of a sexual nature. These constitute sexual harassment when:
   1. Submission to such conduct, communication, or solicitation is made either explicitly or implicitly a term or condition of an individual’s employment or academic status  or progress;
   2. Submission to or rejection of such conduct, communication, or solicitation is used or threatened as the basis for employment, academic, or student life decisions; or 
   3. Such conduct, communication, or solicitation has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working or academic environment.

Sexual Misconduct

Sexual  misconduct  is   a   broad   term   used   to   encompass   unwelcome   behavior   of   a   sexual nature. Sexual misconduct may vary in its severity and consists of a range of behaviors that include, but is not limited to, sexual discrimination, sexual harassment, sexual violence/assault, sexual exploitation, and stalking. Sexual misconduct can occur in any sex and gender configuration (i.e., between the opposite sex or the same sex), regardless of sex and gender identity.

Drug and Alcohol Abuse Referral Service

The University has also established a referral resource for those employees or students who wish to avail themselves of any drug or alcohol counseling, treatment, rehabilitation, or re-entry programs. All inquiries are held in the strictest of confidence and will not affect an employee’s job security or a student’s participation in the University.

The University does not subsidize any costs associated with such referral services or treatment programs. An employee may use sick leave to which they are entitled for the purpose of entering and participating in an alcohol or drug rehabilitation program. Once sick leave has been used, the employee may request a leave of absence as covered in the University’s Leave of Absence Policy.

Drug-Free Workplace

To further its interest in avoiding accidents; to promote and maintain safe and efficient working conditions for its employees; to protect its business, property, equipment, and operations; in compliance with the Drug Free Workplace Act of 1988 and the applicable provisions of the California Government Code; and as a condition for receiving federal or state contractual funds or grants, the University has established a Drug-Free Workplace policy concerning the use of drugs by employees. As a condition of continued employment with the University, each employee must abide by the University’s Drug-Free Workplace Policy.

Smoking

SCU, as a leading institution in the chiropractic and alternative healthcare fields, recognizes and embodies the Surgeon General’s statement that smoking is hazardous to health. To promote health and protect the welfare of all individuals associated with the University, smoking will be prohibited inside and outside all University-owned and -operated facilities. This includes all University clinics, health centers, offices, restrooms, educational rooms, laboratories, auditoriums, parking lots, and outside sports facilities.  In order to protect the health of all those on campus who do not smoke, smoking is prohibited outside of all University facilities, except for posted designated smoking areas.

1.1  Title IX

Title IX of the Education Amendments of 1972 prohibits discrimination based on sex in educational programs and activities that receive federal financial assistance. The United States Department of Education (ED) maintains an Office for Civil Rights (OCR) which enforces Title IX and its various requirements. Additionally, the United States Department of Justice (DOJ) shares enforcement authority over Title IX with OCR. To ensure compliance with Title IX and other federal and state civil rights law, SCU has developed these policies and procedures that prohibit sex discrimination in all of its forms. Over the years, OCR has clarified the intent, meaning, and scope of Title IX to include harassment, sexual violence (and prevention thereof), equitable treatment of pregnant or parenting individuals, and equitable treatment of Transgender persons.

For information on how to file a discrimination complaint with the Office for Civil Rights, visit: http://www2.ed.gov/about/offices/list/ocr/docs/tix_dis.html

1.2  The Jeanne Clery Act

Originally known as the Campus Security Act, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 USC § 1092(f)) requires colleges and universities across the United States to disclose information about crime on and around their campuses. The Act is enforced by the Department of Education’s (ED) Federal Student Aid Office (FSA) and requires institutions to: publish an Annual Security Report, maintain a crime log, issue timely warnings about crimes which pose a serious or ongoing threat to students and employees, devise an emergency response notification and testing policy, and disclose criminal statistics concerning incidents related to the campus proper, the public area surrounding the campus, and at certain non- campus buildings.

More information on SCU’s Annual Security Reports and Daily Crime Logs visit: https://my.scuhs.edu/ICS/Departments/Campus_Safety/Annual_Security_Reports Daily_Crime_Log.jnz

1.3  The Violence Against Women Re-Authorization Act (VAWA)

Section 304(b) of the Violence Against Women Re-Authorization Act of 2013 (VAWA) (Pub. Law 113-4), adds three new crime classifications that must be reported in an institution’s Annual Security Report. These new definitions are: “dating violence,” “domestic violence,” and “stalking.” Section 304 and the Final Regulations of VAWA also amend certain portions of the Annual Security Report related to sexual assault and require that all institutions report the contact information for their lead Title IX coordinator in the Campus Safety and Security Survey as well as the Annual Security Report (ASR). Additionally, the Final Regulations require institutions to report how many crimes are found to be “unfounded” in both the ASR and on the Campus Safety and Security Survey beginning with 2014 calendar year statistics.

More information on VAWA and Section 304(b) can be found at: http://www.ifap.ed.gov/dpcletters/GEN1515.html

1.4  California Senate Bill No. 967

Otherwise known as the “Yes Means Yes” law or “Affirmative Consent” law, SB 967 was passed by the state of California on September 28^th, 2014.

The substantive addition to the Education Code necessitated by SB 967 is the insertion of the “affirmative consent” standard to determine whether consent was given by all parties participating in a given sexual activity.

More information on SB No. 967 can be found at: https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=201320140SB967

In 2021, California enacted Senate Bill 493 which makes significant updates to the requirements for California higher education institutions when responding to disclosures of sexual harassment and violence, including specific requirements for Responsible Employees to whom misconduct may be reported and enumerating specific elements of the investigation and adjudication process.

More information on SB 493 can be found at: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201920200SB493

1.5  Family Education Rights & Privacy Act (FERPA)

The Family Educational Rights and Privacy Act (FERPA) is indirectly applicable to a vast number of University procedures, including those related to Title IX.

More information on FERPA can be found at: http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104_pg13.html

1.5.1 Directory Information

SCU will follow its existing FERPA Policy as documented in Academic Catalog. Said policy allows, in compliance with federal law, the disclosure of certain “directory information” about a student. SCU does not consider sex, gender, gender identify, or any derivative therein to be “directory information” and will not disclose said information.

1.5.2 Disclosure Exceptions Related to Title IX

FERPA generally prohibits the nonconsensual disclosure of personally identifiable information from a student’s “education record.” However, FERPA permits a school to disclose to the student who is the complainant, information about the sanction imposed upon a student who was found to have engaged in violations concerning sexual discrimination, harassment, or violence when the sanction directly relates to the complainant. This includes an order that the respondent stay away from the complainant, or that the respondent is prohibited from attending school for a period of time, or transferred to other classes or another residency.

Disclosure of any other information in the respondent’s “education record,” including information about sanctions that do not relate to the complainant are not permitted under the above mentioned exception.

Further, when the conduct in question involves a crime of violence or incest or statutory rape, SCU is permitted to disclose to the complainant the final results of a disciplinary proceeding against the alleged respondent, regardless of whether the institution concluded that a violation was committed. Additionally, SCU may disclose to anyone - not just the alleged claimant - the final results of a disciplinary proceeding if it determines that the respondent is an alleged perpetrator of a crime of violence, incest, or statutory rape.

1.5.3 FERPA, Jeanne Clery Act, and Title IX Compliance

1.6 Constitution

Nothing in this policy shall restrict any rights guaranteed by the First Amendment, Fourth Amendment, and/or the Due Process Clauses of the Fifth and Fourteenth Amendments of the U.S. Constitution.

1.7 Title VII

Nothing in this policy shall be used to deny any individual’s rights under Title VII of the Civil Rights Act of 1964, 42 U.S.C. 2000e et seq. or any regulations promulgated thereunder.

1.8 State & Local Law

If these policies conflict with a State or local law applicable to the University, Title IX preempts said law to the extent of the conflict and will be followed.

2.0Statement of Compliance

Southern California University of Health Sciences (SCU) prohibits all types of discrimination against any protected characteristic; SCU prohibits all manifestations of sexual misconduct, discrimination, harassment, violence, and all forms of retaliation. Consequently, SCU does not discriminate on the basis of sex in its education programs or any activities that the University operates as required by Title IX of the Education Amendments of 1972.

Questions regarding Title IX may be referred to the University’s Title IX Coordinator or Title IX Administrator (see section 5.0). Additionally, individuals may bring their questions or complaints directly to the Department of Education’s Office for Civil Rights (OCR) which is responsible for overseeing Title IX compliance (see section 5.0).

The following policy & procedures focus on those types of prohibited behavior(s) concerned with sex, gender, sexual orientation, pregnancy status, gender identity, gender expression, and gender transition.

2.1University Non-Discrimination Policy Statement

Southern California University of Health Sciences (SCU) takes positive action to insure that students and employees are treated in compliance with applicable laws and regulations governing non-discrimination on the basis of race, color, creed, religion, sex, national origin, disability, age, sexual orientation, gender identity, genetic characteristics, marital status, pregnancy, childbirth or related individual conditions, medical condition (as defined by state law), military status, political affiliation, or any other characteristic protected by federal, state or local law. It is therefore a violation of University policy to discriminate in the provision of educational or employment opportunities, benefits, programs, activities, or privileges; to create discriminatory work or academic conditions;

or to use discriminatory evaluative standards in employment, admissions, or educational settings if the basis of that discriminatory treatment is, in whole or part, the person’s race, color, creed, religion, sex, national origin, disability, age, sexual orientation, gender identity, genetic characteristics, marital status, pregnancy, childbirth or related individual conditions, medical condition (as defined by state law), military status, political affiliation, or any other characteristic protected by federal, state or local law.

2.1.1Supplemental Statement on University’s Non-Discriminationon the Basis of Sex

Southern California University of Health Sciences (SCU) is committed to providing a learning and working environment that promotes personal integrity, civility and mutual respect in an environment free of discrimination on the basis of sex, including all forms of sex discrimination. Sex discrimination violates an individual’s fundamental rights and personal dignity. SCU considers sex discrimination in all its forms to be an egregious offense. This policy refers to all forms of sex discrimination, including but not limited to: sexual harassment, sexual assault, and sexual violence by employees, students, and/or third parties.

2.1.2Supplemental Statement on University’s Non-Discrimination on the Basis of Gender Expression, Gender Identity, and Gender Transition

Southern California University of Health Sciences (SCU) is committed to ensuring equity and full participation of all members of the campus community. Accordingly, it is the policy of the University that discrimination on the basis of gender identity, gender expression, and gender transition is strictly prohibited. The University’s non-discrimination policy extends to employment practices, conditions of employment, personnel actions and all other educational programs and activities of the University and its affiliates. It also extends to any retaliatory actions by an individual and associates that may arise as a result of a discrimination complaint.

Furthermore, during such time when the University has been made aware or otherwise officially notified that a student or employee will assert a gender identity that differs from previous representations or records, SCU will without delay and without any prerequisite information begin treating the individual in a manner consistent with their gender identity (including the use of pronouns and names consistent with the individual’s gender identity and provide for equitable access to facilities consistent with their gender identity).

Individuals may choose to voluntarily provide identification documents to the University, or in unforeseen circumstances, the University may make a reasonable request to obtain such documents if, and only if, said request does not have the practical effect of limiting or denying the individuals equal access to any educational program, activity, or employment. Should any such request be made of an individual or should an individual voluntarily provide identification documentation, it shall not in any way adversely hinder or otherwise impede the equitable treatment of the individual as described above.

Terminology

2.1.2.1.1Gender Identify

Refers to an individual’s internal sense of gender. A person’s gender identity may be different from or the same as the person’s sex assigned at birth.

2.1.2.1.2Transgender

Describes those individuals whose gender identity is different from the sex they were assigned at birth. A Transgender male is someone who identifies as male, but was assigned the sex of female at birth; a Transgender female is someone who identifies as female but was assigned the sex of male at birth.

2.1.2.2 Gender Transitions

Refers to the process in which Transgender individuals begin asserting the sex that corresponds to their gender identity instead of the sex they were assigned at birth. During gender transition, individuals begin to live and identify as the sex consistent with their gender identity and may dress differently, adopt a new name, and use pronouns consistent with their gender identity. Transgender individuals may undergo gender transition at any stage of their lives, and gender transition can happen swiftly or over a long duration or time.

2.1.3Supplemental Statement on University’s Non-Discrimination on the Basis of Pregnant and Parenting Individuals

Southern California University of Health Sciences (SCU) is committed to providing a learning and working environment void of discrimination and harassment as it might relate to pregnant or parenting individuals. Any discrimination or harassment of individuals based on pregnancy or related conditions shall not be tolerated as it represents a severe violation of SCU Policy and will be enforced accordingly.

Pregnant and parenting individuals shall not be excluded from University activities, events, clubs, leadership positions, classes, programs, or any other University sponsored or sanctioned offerings on the basis of their pregnant or parenting status. However, in order to ensure a pregnant individual’s access to its educational program, the University, when necessary, will make adjustments to its regular program(s) that are both reasonable and responsive to the individual’s temporary pregnancy status. As such, SCU may offer or make available separate programs, classes, and/or activities for individuals who are pregnant, but the participation in these offerings is strictly voluntary on behalf of the individual.

SCU will not pressure or force a pregnant individual into an alternative offering separate from their regular classes, programs, and activities. Any such alternative offerings will be comparable (though not identical) to regular offerings.

The University does not require pregnant individuals (regardless of the stage of pregnancy) to produce a health professional’s note or any such similar document in order to remain in school or participate in activities on the basis of their pregnancy. Pregnant individuals, during time away from the University concerning activities related to their status, will be treated in the same manner as any other individual that is under the care of a health professional.

1. University Sexual Abuse and Minor Policy

Southern California University of Health Sciences (SCU) is committed to an educational environment free from sexual abuse and the abuse of persons under the age of eighteen. Any such act carried out by faculty, staff, clinicians, and/or affiliated volunteers represents a severe violation of Policy and will be enforced accordingly.

All acts of sexual abuse and/or abuse of a person under the age of eighteen must be reported to the Title IX Coordinator (see sections 5.0 and 6.0 below). Those incidents which involve a minor will immediately be reported to the appropriate law enforcement agency and/or child protective services. Each allegation of sexual abuse or abuse of a minor will be investigated in accordance with this policy (see “Sexual Violence” 4.4.1).

3.0     Scope

These policies and procedures apply to the conduct of University constituents, potential students, current students, student workers, faculty, staff, all other employees, vendors, and visitors whether or not the individuals as stated above are considered temporary, full-time, part- time, adjunct, or any other sub-designation. While the policies and procedures apply equally to all those identified above, the University may be more or less able to effectuate the procedures listed below based upon its jurisdiction over any specific person or type of employee.

Additionally, these policies and procedures apply off campus in the following manners. The procedure established in Section 7(a) is equally applicable to off campus conduct that occurs in an education program or activity of the University in the United States. The procedure established in Section 7(b) is equally applicable to each incident that involves above mentioned personnel subject to University policies that occurs in connection with any educational activity or other program of the University, as well as incidents that occurred outside of those educational programs or activities, whether they occurred on or off campus, if based on the allegations, there is any reason to believe that the incident could contribute to a hostile educational environment or otherwise interfere with a student’s access to education. This may, in certain cases, include incidents that occur outside the United States.

As detailed below in Section 7, where conduct alleged is covered by Title IX and California law, the Title IX procedure (Section 7(a)) is applied. Where conduct is covered by California law, but not by Title IX, the California law procedure (Section 7(b)) is applied. Where conduct is not covered by either, it may be covered by another University policy.

For individuals listed above over whom the University does not have jurisdiction, the University reserves the right to ban such individuals from any presence at the University when they are the subject of a complaint under this policy, and subject to any other laws and rules of the University.

Further, SCU strongly encourages the reporting of all prohibited conduct regardless of who engaged in the conduct. Even if the University does not have jurisdiction over the respondent, the University will take prompt action to provide for the safety and well-being of the complainant and the broader campus community.

Lastly, Title IX regulations require that these same protections apply to recruiting, admissions, counseling, financial assistance, athletics (including student interests and abilities, sex-based harassment, single-sex education, pregnant and parenting students, employment, retaliation, as well as information collection and reporting).

Of note: At this time SCU does not maintain or promote any single-sex educational programs, nor does it maintain or promote an athletics program.

4.0Definitions

4.1Sexual Misconduct

Sexual misconduct is a broad term used to encompass unwelcome behavior of a sexual nature. Sexual misconduct may vary in its severity and consists of a range of behaviors including (but not limited to) sex discrimination, sexual harassment, sexual violence/assault, sexual exploitation, and stalking. Sexual misconduct can occur in any sex and gender configuration (i.e. between the opposite sex and/or the same sex) regardless of sex and gender identity.

4.2.      Sex/Gender Discrimination

Any act that treats someone unfavorably because of that person’s gender, their gender status, or gender identity and/or inequitable treatment of individuals on the basis of gender, gender status, or gender identity (can include both sexual harassment and sexual violence).

4.3Sexual Harassment

Under the Title IX definitions, there are three types of prohibited sexual harassment, quid pro quo, hostile work environment, and Violence Against Women Act/Clery Act crimes of sexual and interpersonal violence (Section 4.4).

4.3.1Quid Pro Quo Sexual Harassment

Occurs when a University employee causes a student to believe that they must submit to unwelcome sexual conduct in order to participate in a University program or activity. It can also occur when an employee causes a student to believe that the employee will make an educational decision based on whether or not the student submits to unwelcome sexual conduct. It can further manifest in other forms including - but not limited to - University employee on employee or employees and their superiors.

4.3.1.1Example(s)

1. Unwelcome sexual advances (either verbal or physical), requests for sexual favors, and other verbal or physical conduct of a sexual nature when:
   1. Submission to such conduct, communication, or solicitation is made either explicitly or implicitly a term or condition of an individual’s employment or academic status or progress; or
   2. Submission to or rejection of such conduct, communication, or solicitation is used or threatened as the basis for employment, academic, or student life decisions.

4.3.2Hostile Environment Sexual Harassment

Occurs when unwelcome conduct of a sexual nature that a reasonable person would believe is sufficiently severe, pervasive, and objectively offensive that it effectively denies a student’s equal ability to participate in or benefit from an education program or activity. A hostile environment can be created by a University employee or another student. A hostile environment can be present in any combination of the above mentioned roles, i.e. student on student, employee on employee, etc. and must be evaluated from the perspective of a reasonable person in the alleged complainant’s position, considering all circumstances.

The more severe the conduct, the less need there is to show a repetitive series of incidents to prove a hostile environment, particularly if the conduct is physical.

4.3.2.1Examples (provided that they rise to the level of severe and pervasive for Title IX, Section 7(a); note that the standard is different under California law, Section 7(b))

1. Making or threatening reprisals after a negative response to sexual advances;
2. Visual conduct that includes leering, making sexual gestures, or displaying of sexually suggestive objects or pictures, cartoons or posters;
3. Verbal conduct that includes making or using derogatory comments, epithets, slurs, or jokes;
4. Verbal sexual advances or propositions;
5. Verbal abuse of a sexual nature, graphic verbal commentaries about an individual’s body, sexually degrading words used to describe an individual, or suggestive or obscene letters, notes, or invitations;
6. Physical conduct that includes touching, assaulting, or impeding or blocking movements; or
7. Harassing a student based solely on their gender identity, their Transgender status, or their gender transition.

4.4Sexual Violence

Any physical sexual act perpetuated against a person’s will or where the person is

incapable of giving consent due to that person’s mental faculties or use of substances. Sexual violence may include: the intentional touching, either of the victim or when the victim is forced to touch, directly or through clothing, of another person’s genitals, breasts, groin, or buttocks; sexual penetration or sexual penetration with an object. It should be noted that the lack of consent exists when force, intimidation or threat, temporary or permanent mental incapacity on the part of the victim, temporary or

permanent physical helplessness on the part of the victim, or incapacity to consent due to the youth of the victim are factors. Sexual violence can be carried out by University employees, other students, or third parties and all such acts are forms of sexual discrimination prohibited by Title IX.

4.4.1Example(s)

1. Rape
   1. Penetration, no matter how slight, of the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without the consent of the victim. Also includes being forced to penetrate, no matter how slight, the vagina or anus with any body part or object, or oral penetration by a sex organ of another person, without that person’s consent.
      1. Includes attempts to commit rape.
   2. Any nonconsensual sexual intercourse accomplished by means of threat, force, or fraud.

1. Fondling
   1. The touching of the private body parts of another person for the purposes of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of their age or because of their temporary or permanent mental incapacity.
2. Incest
   1. Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
3. Statutory Rape
   1. The engaging in of sexual intercourse wherein at least one individual is a minor (under 18 and not the spouse of the other individual), even when the underage party consents to the act.

4.5Stalking

Engaging in a course of conduct, directed at a specific person, that would cause a reasonable person to fear for their safety or the safety of others or suffer substantial emotional distress.

4.5.1Example(s)

1. Intentionally following an individual;
2. Appearing at a person’s home, class, or place of work;
3. Making frequent phone calls, emails, SMS messages, tweets, digital posts, etc. to an individual;
4. Leaving frequent written messages or objects for an individual; or
5. Vandalizing an individual’s property.

4.6Dating Violence

Violence committed by a person who is or has been in a social relationship of a romantic or intimate nature with the victim. The existence of such a relationship shall be determined based on the reporting party’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

4.6.1Example(s)

1. Abusing - sexually or physically - one’s ex-boyfriend/ex- girlfriend/boyfriend/girlfriend or someone with whom they’ve had sexual contact; or
2. Threating to abuse - sexually or physically - one’s ex-boyfriend/ex- girlfriend/boyfriend/girlfriend or someone with whom they’ve had sexual contact.

4.7Domestic Violence

Any felony or misdemeanor crime of violence committed:

1. By a current or former spouse or intimate partner of the victim;
2. By a person with whom the victim shares a child in common;
3. By a person who is cohabitating with, or has cohabitated with, the victim as a spouse or intimate partner;
4. By a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred; or

1. By any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred.

Additionally, in order for an incident to be considered Domestic Violence, the relationship between the perpetrator and the victim must be more than just two people living together as roommates. The people cohabitating must be current or former spouses or have an intimate relationship.

4.8California Law Violations

Under this Policy, certain alleged actions may meet definitions under California law and University policy, even if they do not meet the definitions of the federal Title IX Regulations. The following definitions are applicable to covered institutional personnel under California law and University policy, and correspond to the Procedure in Section 7.0(b) below. The definitions included below are, under California law, in addition to the definitions included in Section 4.1-4.7, above. The specific definitions of some violations may differ.

4.8.1Sexual harassment

Unwelcome sexual advances, requests for sexual favors, and other verbal, visual, or physical conduct of a sexual nature, made by someone from or in the work or educational setting, under any of the following conditions:

• Submission to the conduct is explicitly or implicitly made a term or a condition of an individual’s employment, academic status, or progress.
• Submission to, or rejection of, the conduct by the individual is used as the basis of employment or academic decisions affecting the individual.
• The conduct has the purpose or effect of having a negative impact upon the individual’s work or academic performance, or of creating an intimidating, hostile, or offensive work or educational environment.
• Submission to, or rejection of, the conduct by the individual is used as the basis for any decision affecting the individual regarding benefits and services, honors, programs, or activities available at or through the educational institution.

4.8.2Sexual Violence

Physical sexual acts perpetrated against a person without the person’s affirmative consent, as established in Section 4.9, below. This includes (in addition to the definitions above):

4.8.2.1Sexual battery

The intentional touching of another person’s intimate parts without consent, intentionally causing a person to touch the intimate parts of another without consent, or using a person’s own intimate part to intentionally touch another person’s body without consent.

4.8.2.2Sexual exploitation

A person taking sexual advantage of another person for the benefit of anyone other than that person without that person’s consent, including, but not limited to, any of the following acts:

• The prostituting of another person.
• The trafficking of another person, defined as the inducement of a person to perform a commercial sex act, or labor or services, through force, fraud, or coercion.
• The recording of images, including video or photograph, or audio of another person’s sexual activity or intimate parts, without that person’s consent.
• The distribution of images, including video or photograph, or audio of another person’s sexual activity or intimate parts, if the individual distributing the images or audio knows or should have known that the person depicted in the images or audio did not consent to the disclosure.
• The viewing of another person’s sexual activity or intimate parts, in a place where that other person would have a reasonable expectation of privacy, without that person’s consent, for the purpose of arousing or gratifying sexual desire.

4.8.2.3Sexual Coercion

Pressuring an individual to perform sexual acts after a date because individual feels that it is “owed” to them; or

1. Pressuring an individual to perform sexual acts after they have stated “NO.”

4.9Consent Summary

The term “consent” means a freely given agreement to the conduct at issue by a competent person.

1. An expression of lack of consent through words or conduct means there is no consent as consent cannot be assumed;
2. Lack of verbal or physical resistance or submission resulting from the use of force, threat of force, or placing another person in fear does not constitute consent;
3. Consent to one form of sexual activity does not imply consent to other forms of sexual activity;
4. A current or previous dating or social or sexual relationship by itself or the manner of dress of the person involved with the accused in the conduct at issue shall not constitute consent.

A sleeping, unconscious, or incompetent person cannot consent, nor can a minor. A person cannot consent to force causing or likely to cause death or grievous bodily harm or to being rendered unconscious. A person cannot consent while under threat or in fear or when:

1. [A person is] making a fraudulent representation that the sexual act serves a professional purpose; or
2. [A person is] inducing a belief by any artifice, pretense, or concealment that the person is another person.

Lack of consent may be inferred based on the circumstances of the offense. All the surrounding circumstances are to be considered in determining whether a person gave consent, or whether a person did not resist or ceased to resist only because of another person’s actions.

It is the responsibility of the initiator of sexual contact to:

1. Ensure they understand fully what the person(s) with whom they are involved wants and does not want sexually; and
2. Ensure that affirmative consent is present during the entirety of any given sexual activity and must cease a given sexual activity during such time as affirmative consent is no longer present or has been revoked by the other person(s) involved.

4.10Actual Knowledge

The term “actual knowledge” means notice of sexual harassment or allegations of sexual harassment to SCU’s Title IX Coordinator or any official of the University who has authority to institute corrective measures on behalf of the University.

4.11Notice

Notice includes relevant information provided to the parties or a party. It is the responsibility of all members of the University to maintain and regularly check their email accounts.

4.12Complainant

The individual who is alleged to be the victim of conduct that could constitute sexual harassment.

Anyone can bring forth a report of conduct alleged to have occurred against a third party for a report and potential investigation and adjudication, where appropriate and possible, but the person who brings forth that report while not being directly affected by the misconduct is not themselves the complainant. The directly affected person, if known and choosing to participate, would be the complainant.

4.13Respondent

An individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.

4.14Formal Complaint

A document filed and signed by a complainant or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that the University investigate the allegation of sexual harassment.

4.15Supportive Measures

Non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures. Supportive measures may include:

1. Counseling;
2. Extensions of deadlines or other course-related adjustments;
3. Modifications of work or class schedules;
4. Campus escort services;
5. Mutual restrictions on contact between the parties;
6. Changes in work or housing locations;
7. Leaves of absence;
8. Increased security and monitoring of certain areas of the campus; and
9. Other similar measures.

4.16Education Program or Activity

Locations, events, or circumstances over which SCU exercises substantial control over both the respondent and the context in which the sexual harassment occurs and also includes any building owned or controlled by a student organization that is officially recognized by SCU.

4.17No contact orders

In certain cases, the University may issue a no contact order to one or all parties ordering them to have no contact with another party or parties during the course of the process or for a specific time. Failure to follow a no contact order may result in additional charges and potential sanction.

Please note that due to differences between federal Title IX Regulations and California law, there are differences in the University’s required actions and approach related to no contact orders.

4.17.1No Contact Orders Under Title IX (Section 7.0(a))

When requested by a complainant or otherwise determined to be appropriate, the University shall issue an interim no-contact directive that may be a mutual or one- way no contact order. Per the Title IX regulations, the standard is for no contact orders to be mutual, prohibiting contact between all parties during the pendency of the process. If, after a fact-specific analysis, and after weighing whether there is an undue burden on one or multiple parties and, if so, if the burden is outweighed by the need for the one way no contact order, the University may determine that a one way no contact order is appropriate. Examples for when a one way no contact order is appropriate include, but are not limited to, helping to enforce a restraining order, preliminary injunction, or other order of protection issued by a court, or where a one-way no-contact order does not unreasonably burden any other party.

For any order that prohibits physical proximity between the parties, whether mutual or a one way no contact order, the University shall undertake a fact specific inquiry as to the need for the no contact order and whether it presents an unreasonable burden on one or multiple parties and, if so, whether there exist other methods for separating the parties that present less or no burden on one or multiple parties.

A no-contact directive issued after a decision of responsibility has been made shall be unilateral and only apply against the party found responsible.

Per the intersection of Title IX and California law, even though in the Title IX process, the mutual no contact order will be the standard (with a fact specific inquiry before issuing a one way no contact order), upon the issuance of such a mutual no- contact directive, the University shall provide the parties with a written justification for the directive and an explanation of the terms of the directive. Upon the issuance of any no-contact directive, the institution shall provide the parties with an explanation of the terms of the directive, including the circumstances, if any, under which violation could be subject to disciplinary action.

4.17.2No Contact Orders Under California Law (Section 7.1(b))

When requested by a complainant or otherwise determined to be appropriate, the University shall issue an interim no-contact directive prohibiting the respondent from contacting the complainant during the pendency of the process. The University shall not issue an interim mutual no-contact directive automatically, but instead shall consider the specific circumstances of each case to determine whether a mutual no-contact directive is necessary or justifiable to protect the noncomplaining party’s safety or well-being, or to respond to interference with an investigation. A no- contact directive issued after a decision of responsibility has been made shall be unilateral and only apply against the party found responsible.

Upon the issuance of a mutual no-contact directive, the University shall provide the parties with a written justification for the directive and an explanation of the terms of the directive. Upon the issuance of any no-contact directive, the institution shall provide the parties with an explanation of the terms of the directive, including the circumstances, if any, under which violation could be subject to disciplinary action.

5.0Title IX Coordinators

5.1University Title IX Personnel

The University has identified the following individuals as those responsible for addressing concerns, conducting investigations, and ensuring compliance concerning sexual misconduct, sex discrimination, sexual violence, and harassment policies.

These individuals serve the same role under California law.

Title IX Coordinator

Joseph Eggleston

AVP for Auxiliary Operations josepheggleston@scuhs.edu (562) 902-3357

16200 Amber Valley Drive, Whittier, CA 90604 [Bldg. C]

The University has contracted with Grand River Solutions (https://www.grandriversolutions.com), a national consultancy specializing in Title IX, equity, student conduct, and related topics to staff the roles of Title IX Investigator, Decision Maker/Hearing Officer, and Appellate Officer, subject to the rules of the University and with all required training to conduct these roles for the University.

Information on the individuals conducting these roles in a specific case will be maintained by the Title IX Coordinator.

5.1.1Roles of University Title IX Personnel Title IX Coordinator

1. Maintains ultimate oversight responsibility for all Title IX investigations, requirements, proceedings, and - if warranted - corrective actions;
2. Assists with Supportive Measures (does not require the filing of a formal complaint);
3. Explain to complainant the process for filing formal complaint;
4. Monitors outcomes of any complaints/incidents;
5. Identifies and addresses any patterns concerning sexual discrimination;
6. Assesses effects of Title IX preventive and - if present -corrective actions on the campus climate;
7. Coordinates investigations, hearings, regulatory updates, trainings (student and employee), Title IX personnel trainings, publications, and distributions;
8. Ensures compliance with related legislation, i.e. Clery and VAWA; and;
9. Assists with investigations, interviews, and resources.

Title IX Administrator

1. Conducts Formal Investigation; and
2. Makes recommendations to Coordinator.

Title IX Hearing Officer

1. Holds hearings;
2. Decides whether policy violations have occurred; and
3. Determines/implements sanctions.

Title IX Appellate Officer

1. Hears appeals; and
2. Grants appeals (if appropriate).

5.2Office for Civil Rights

In addition to the persons listed above in 5.1, an individual has the option and the right to contact the Office for Civil Rights (OCR) directly with any complaints or questions they may have.

Office for Civil Rights

San Francisco Office

50 Beal Street (Suite 7200) San Francisco, CA 94105 Phone: (415) 486-5555

Fax: (415) 486-5570

TDD: (877) 521-2172

Email: ocr.sanfranciso@ed.gov Web: www.ed.gov/ocr

5.3Updated Title IX Coordinator Information

Federal requirements mandate that the title and name of the individuals above be listed; however, the following link has been made available so that the most current titles and names for any of the above mentioned roles can be easily attained should they have changed since the publication of this document: https://my.scuhs.edu/ICS/Departments/Campus_Safety/Title_IXSexual_Misconduct.jnz

5.4Title IX Personnel Succession Protocol

Federal guidelines mandate that the Title IX Coordinator position at any given institution not be left vacant. Though not required directly by legislation, SCU has opted to establish the Title IX personnel structure referenced above (5.1) and the following succession chain.

1. In the event the individual serving as Title IX Coordinator can no longer perform their duties as prescribed by federal and state law, as well as this University guidance document; the Chief Operations Officer will immediately begin serving as the University Title IX Coordinator until such time as a new Title IX Coordinator is appointed.
2. In the event both the individuals serving as Title IX Coordinator and the Chief Operations Officer, respectively can no longer perform their duties as prescribed by federal and state law, as well as this University guidance document; the University President will immediately begin serving as the University Title IX Coordinator until such time as a new Title IX Coordinator and/or Title IX Administrator is appointed.

5.5Conflict of Interest involving University Title IX Personnel

Should the involvement of any of the above mentioned individuals, whether in their predefined roles or outside of them, represent a conflict of interest concerning a Title IX complaint or investigation, another member from 5.1, above will take their place.

5.6University Title IX Individual Listed as Respondent

Should the alleged respondent be a member of SCU’s Title IX Personnel, a non-alleged individual from 5.1, above will handle the complaint.

5.7Conflict of Interest

Should any Title IX Personnel, listed above, have a conflict of interest or bias for or against complainants or respondents generally or an individual complainant or respondent, the Title IX Personnel in question will immediately recuse themselves from all aspects of the case and a suitable replacement will be found.

6.0Reporting Sex Discrimination, Harassment, Violence, & Analogous Behavior

Southern California University of Health Sciences (SCU) considers all complaints seriously and will diligently strive to remedy the situation and ensure the safety of complainants while respecting the rights of respondents. SCU encourages those who have experienced or observed any form of sex discrimination, harassment, assault or analogous behavior to report the incident promptly per the following methods:

1. Complainants should report the incident to the either the Title IX Administrator or Title IX Coordinator (contact information in 5.1), reports can be made at any time;
2. If the complainant is an employee, they may also notify their immediate supervisor, but are not obligated to do so prior to bringing the matter to the University Title IX Personnel;
   1. Employees may also notify ADP Total Source Employee Service Center by calling (800) 554-1802;
   2. Employees who make a complaint under this policy who do not feel they have received a satisfactory response, should contact the ADP Total Source Employee Service Center at (800) 554-1802.

Investigations under this policy shall be conducted in a manner that will protect, to the extent possible, the confidentiality of all parties. The University, however, cannot guarantee complete confidentiality where it would conflict with the University’s obligation to investigate meaningfully and, where warranted, take disciplinary action.

6.1Responsible Employees

According to California law, a responsible employee is:

1. An employee who has the authority to take action to redress sexual harassment/violence; and
2. An employee who has been given the duty of reporting incidents of sexual harassment violence or related misconduct by students to the Title IX Coordinator.

SCU has interpreted the above guidance to mean that the following employee categories constitute “responsible employees:”

1. Title IX Personnel (per Section 5.1);
2. Any full time employee who directly supervises at least one additional individual;
3. Any faculty member that engages in teaching;
4. Any faculty member than engages in patient care;
5. Student life directors, coordinators, or deans.
6. Faculty and associate faculty, teachers, instructors, or lecturers.
7. Graduate student instructors, while performing the duties of employment by the University.
8. Laboratory directors, coordinators, or principal investigators.
9. Internship or externship directors or coordinators.

Federal Work Study students are not considered responsible employees even if they qualify under one of the above mentioned categories.

Employees, whether full-time, part-time, or contracted that do not fit into any of the above categories are not considered “responsible employees” under SCU’s interpretation of both Title IX and OCR guidance. Differentiating between “responsible employees” and “non-responsible employees” allows the University to focus educational and training efforts so as to provide for the most efficient and accurate interaction with any given individual should they allege sex discrimination, harassment, violence, or a related concern. However, SCU does, and will continue to, encourage all members of the campus community to bring forth issues related to prohibited behaviors and practices to the appropriate parties (in this case, members of SCU’s Title IX Personnel 5.0) so that they may be investigated and addressed appropriately.

6.1.1Exception for Counseling Personnel:

Individuals such as Counseling Personnel who are professional or pastoral counselors or who have a duty of confidentiality under California law or other relevant provisions, and who receive a disclosure in such role, are not Responsible Employees required to report such disclosures received in that role. This includes individuals acting in a professional capacity for which confidentiality is mandated by law (such as physicians, licensed mental health counselors, and other relevant professions).

When such an individual receives a disclosure of a violation of this policy, they must inform each student with information regarding that student’s ability to report to a responsible employee under this policy, and direct that student to one or more responsible employees (including via the SCUHS website).

The University offers counseling resources through an external institution, Biola University (562) 903-4800). Licensed counselors are not required to report- without an individual’s consent - incidents of sexual discrimination/harassment/violence to SCU in a manner that identifies the individual and encourages all counselors to, if and when they deem it appropriate, inform any individuals they are counseling about their right to pursue charges as well as the ability to report crimes or file a Title IX complaint on a voluntary or confidential basis to SCU. Consequently, only aggregate (non-specific) data provided by counselors is considered for the inclusion of the incident(s) in the annual publication of crime statistics per Clery Act requirements (see Section 9.2).

6.1.2Exception for University Awareness Events and Programs:

SCU ardently desires to make all members of the campus community aware of their individual rights and responsibilities as it relates to sexual discrimination, harassment, violence, and analogous behaviors. Accordingly, the University sponsors various campus events and campaigns aimed at keeping the community informed and safe.

Should an individual disclose experiences relates to sexual discrimination/harassment/violence as part of the aforementioned events and/or campaign, the University will not - by default - open a Title IX investigation. SCU wants all campus members to feel free to participate in such preventive measures and utilize available resources. As such, information shared at these events or as part of preventive education campaigns will aid SCU Administration and the designated Title IX personnel in reviewing our policies, creating campus- wide educational programs, and conducting climate surveys to learn more about the prevalence of sexual discrimination, harassment, and violence that may be present at the University.

6.1.3Amnesty for Sexual Misconduct Complaints and Witnesses:

The University encourages reporting of sexual misconduct and seeks to remove any barriers to making a report. The University recognizes that an individual who has been consuming alcohol (including underage consumption) or using drugs at the time of the incident may be hesitant to make a report because of potential consequences for that conduct. To encourage reporting, an individual who makes a good faith report of sexual misconduct that was directed at them or another person or participates in an investigation as a witness will not be subject to disciplinary action by the University for a conduct or policy violation that is related to and revealed in the sexual misconduct report or investigation, unless the University determines that the violation was serious and/or placed the health or safety of others at risk.

6.1.4Responsible Employee Obligations & Duties

A responsible employee must report to the Title IX Coordinator or Administrator, all relevant details about an allegation concerning sexual discrimination/harassment/violence that an individual has shared in order that the University may determine what occurred and seek to resolve the situation.

Responsible employees must disclose the names of the alleged perpetrator (if known), the individual who experienced the alleged discrimination/harassment/violence, other individuals involved in the allegation, as well as relevant facts such as date, time, and location.

Prior to the disclosure of any information that an individual may desire to keep confidential, responsible employees must make every effort to ensure that the individual fully understands:

1. The employee’s obligation to report the names of the alleged perpetrator and claimant involved in the allegation, as well as relevant facts regarding the alleged incident (including the date, time, and location), to the Title IX Coordinator or other appropriate University officials;
2. The individual’s option to request that the University maintain their confidentiality, which the Title IX Personnel will consider; and
3. The individual’s ability to share the information confidentially with counseling, advocacy, health, mental health, or sexual-assault-related services. If the individual requests confidentiality, the Title IX Personnel should make every effort to respect this request and should evaluate the request in the context of the University’s responsibility to provide a safe and nondiscriminatory environment for all individuals.

6.1.5Requests for Confidentiality in the Process

If a complainant requests confidentiality, which could preclude a meaningful investigation or potential discipline of the potential respondent, or that no investigation or disciplinary action be pursued to address alleged sexual harassment, the University shall take the request seriously, while at the same time considering its responsibility to provide a safe and nondiscriminatory environment for all students, including for the complainant. The University shall generally grant the request. In determining whether to disclose a complainant’s identity or proceed to an investigation over the objection of the complainant, the University may consider whether any of the following apply, generally going to the risk of the person committing additional acts that violate this policy:

• There are multiple or prior reports of sexual misconduct against the respondent.
• The respondent reportedly used a weapon, physical restraints, or engaged in battery.
• The respondent is a faculty or staff member with oversight of students.
• There is a power imbalance between the complainant and respondent.
• The complainant believes that the complainant will be less safe if the complainant’s name is disclosed or an investigation is conducted.
• The University is able to conduct a thorough investigation and obtain relevant evidence in the absence of the complainant’s cooperation.

If the University determines that it can honor the student’s request for confidentiality, it shall still take reasonable steps to respond to the complaint, consistent with the request, to limit the effects of the alleged sexual harassment and prevent its recurrence without initiating formal action against the alleged perpetrator or revealing the identity of the complainant. These steps may include increased monitoring,supervision, or security at locations or activities where the alleged misconduct occurred; providing additional training and education materials for students and employees; or conducting climate surveys regarding sexual violence. The University shall also take immediate steps to provide for the safety of the complainant while keeping the complainant’s identity confidential as appropriate. These steps may include changing living arrangements or course schedules, assignments, or tests. The complainant shall be notified that the steps the University will take to respond to the complaint will be limited by the request for confidentiality.

If the University determines that it must disclose the complainant’s identity to the respondent or proceed with an investigation, it shall inform the complainant prior to making this disclosure or initiating the investigation. The University shall also take immediate steps to provide for the safety of the complainant where appropriate. In the event the complainant requests that the University inform the respondent that the student asked the University not to investigate or seek discipline, the University shall honor this request.

• DLC May 13th, 2016

http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201605-title-ix- transgender.pdf

• Questions & Answers on Title IX and Sexual Violence

http://www2.ed.gov/about/offices/list/ocr/docs/qa-201404-title-ix.pdf

• Dear Title IX Coordinator, April 24th, 2015

http://www2.ed.gov/about/offices/list/ocr/docs/dcl-title-ix-coordinators-letter- 201504.pdf

• Guidance on Supporting the Academic Success of Pregnant & Parenting Students Under Title IX of the Education Amendments of 1972

http://www2.ed.gov/about/offices/list/ocr/docs/pregnancy.pdf

• Examples of Policies and Emerging Practices for Supporting Transgender Students

http://www2.ed.gov/about/offices/list/oese/oshs/emergingpractices.pdf

• Know Your Rights: Title IX Requires Your School to Address Sexual Violence

http://www2.ed.gov/about/offices/list/ocr/docs/know-rights-201404-title- ix.pdf

• FERPA

http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

• The Handbook for Campus Safety & Security Reporting 2016 Edition

http://www2.ed.gov/admins/lead/safety/handbook.pdf

• Title IX and Beyond: The Adjudicatory Process - United Educators

https://www.edurisksolutions.org/Templates/template- article.aspx?id=2571&pageid=94

• California Senate Bill no. 967

https://leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=20132014 0SB967

• California Senate Bill 493

https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=2019202 00SB493

• Higher Education Law Report

http://www.higheredlawreport.com/2014/05/responsible-employees-and-title-ix/

• DLC September 22nd, 2017

https://www2.ed.gov/about/offices/list/ocr/letters/colleague-title-ix- 201709.pdf

• Questions & Answers on Campus Sexual Misconduct (2017)

https://www2.ed.gov/about/offices/list/ocr/docs/qa-title-ix-201709.pdf

Section 1: Standards of conduct regarding unlawful possession or distribution of illicit drugs and abuse of alcohol by students and employees

Policy Disclosures:

It is the desire and obligation of SCUHS to provide a safe, healthful, and conducive educational environment by maintaining a drug abuse free atmosphere. It will be the policy of the University that it will not tolerate the unlawful or unauthorized manufacture, sale, possession, distribution, use or being under the influence of a controlled substance or alcohol while on University property or in any of its authorized programs whether on or off campus.

In keeping with the United States Department of Education statutory requirements of the Drug- Free Schools and Communities Act Amendments of 1989, as found in Public Law 101-226, that as a condition of receiving funds or any other form of financial assistance under any federal program, the University certifies 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.

Any violation of this policy will result in immediate disciplinary action, up to and including discharge or expulsion.¹

The University, consistent with federal, state and local laws, prohibits the unlawful possession, use or distribution of illicit drugs and abuse of alcohol on its property or as part of any of its activities whether on or off campus. The University will impose sanctions on students or employees that are caught in the act of or been proven to be guilty of abusing drugs or alcohol on University property. The sanctions will be in keeping with the University regulations on  Rules of Conduct for employees (see Volume III of the SCUHS Policy Manual) and Disciplinary Standards for students (see Volume VI of the SCUHS Policy Manual). This will include actions that can lead to suspension, dismissal, or termination with referral for prosecution.²

Controlled Substances:

SCU understands all drugs listed in the United States Code 21, Section 812, Schedules I-V to be controlled substances; including, but not limited to:

1.Opiates and opium derivatives (such as heroin, morphine, codeine);

2.Hallucinogenic substances (such as marijuana, LSD, phencyclidine, peyote);

3.Depressants (such as methaquallone, barbiturates);

4.Stimulants (such as amphetamines, methamphetamines);

5.Benzodiazephines (such as Valium, Librium);

6.Coca leaf derivatives (such as cocaine, “free base” or “crack” cocaine); and

7.All of their mixtures, derivatives, preparations, compounds, isomers, esters, ethers and salts.