2021-2022 University Catalog 
    
    Dec 08, 2021  
2021-2022 University Catalog

Campus Safety Manual


Welcome Letter 

We would like to welcome all new and returning faculty, staff, and students to Southern California University of Health Sciences (SCU). As members of our campus community, each of us shares the responsibility to promote and maintain a safe and secure environment. Ensuring the viability of such an environment is the chief concern of the Campus Safety Office.

We are here to serve you from 6:00 a.m.-10:00 p.m., 365 days a year, with professional officers who are ready to assist with everyday tasks and questions and are properly trained in emergency response.

Should you have any questions or concerns, please contact us at 562-902-3333, ext 333 from any campus phone, or come by our new office located at the east side of Building F.

We are always here to help.

 

Joe Eggleston 

Assistant Vice President of Auxiliary Operations 

Phone: 562-902-3357 (office); 714-757-2859 (cell)  

Email: josepheggleston@scuhs.edu or CampusSafety@scuhs.edu

 

General Campus Safety Policies & Procedures 

Contracted guard and other services provide campus security at SCU. Campus Safety may be reached during regular University business hours by dialing 333 from any campus phone or by lifting the receiver on marked “security” phones located at various points on the property. Campus safety officers carry mobile radio/telephones so they can respond immediately to calls from any field location. The department provides a variety of services, including campus patrol, escort assistance, and parking enforcement. In compliance with the federal “Student Right to Know and Security Act,” it also provides information on campus security policies and crime statistics to current and prospective students and others.

 

Campus Crime Reporting (Clery Act) 

In compliance with Public Law 101-542, the Student Right to Know and Security Act, as amended by the Violence Against Women Reauthorization Act, the University will provide information on campus security policies and campus crime statistics to current and prospective students and others. The University will make available, upon request, to all interested people information on policies regarding the use of campus facilities; the reporting of criminal actions and/or emergencies that have occurred on campus; a statement of current procedures regarding security, campus law enforcement, the authority of security personnel to perform their duties, and their liaison with state and local police; policies that include a prompt reporting of any problems and/or crimes on campus; policies that might deter crime; statistical reporting for a calendar year of all crimes and/or problems; and a statistical report of the number of arrests on campus during that time period. The Campus Safety Office and the Office of Student Affairs shall maintain copies of the entire text of the act for use by students, faculty, and staff.

 

Campus Sex Crimes Prevention Act

The Campus Sex Crimes Prevention Act is a federal law that provides the tracking of convicted, registered sex offenders enrolled as students at institutions of higher education or working or volunteering on campus. It also amends the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act to require institutions of higher education to issue a statement, in addition to other disclosures required under that Act, advising the campus community where law enforcement agency information provided by a state concerning registered sex offenders may be obtained. In compliance with the Act, please note that law enforcement agency information provided by the State of California concerning registered sex offenders may be obtained by accessing the California Sex Offender Registry.

 

Access to Campus

The University’s campus is open from 6:30 a.m. to 10:00 p.m. daily, except for holidays. The regular business hours for individual offices may vary from the regular University business hours. Access to campus is only allowed when Campus Safety personnel are present.  The campus will be closed to public use between the hours of 10:00 p.m. and 6:00 a.m., seven days a week. Signs shall be posted at all entrances stating the hours that the campus is closed. The signs shall also stipulate that anyone found on the campus after the posted hours will be asked to leave the grounds. Consistent with the University’s Children on Campus policy, minors will not be allowed on campus without guardian or parental supervision or without express permission of the University. Failure to comply in a reasonable manner will lead to appropriate legal action. Members of the public on campus for an event approved by a Facilities Usage Permit are the only exception to this regulation.

 

Campus Alerts 

Timely Warnings 

If a situation arises, either on or off campus, that, in the judgment of the Campus Safety office, University Administration, or local law enforcement, constitutes an ongoing or continuing threat, a campus-wide Timely Warning will be issued. The warning will be issued through the University email system and MySCU portal. In the event a given incident jeopardizes the technological infrastructure, a hard copy of the warning will be  posted  throughout  the  campus. Timely  Warnings are usually issued for arson, burglary, robbery, aggravated assault, criminal homicide, motor vehicle theft, sex offenses, hate crimes, arrests/referrals for disciplinary actions, and any other crimes deemed necessary. Anyone with information warranting a Timely Warning should immediately report the circumstances to the Campus Safety office, by phone (562-902-3333), in person (F Bldg, room 20), or by using any of the yellow phone boxes located throughout campus.

Victims of sexual misconduct and/or sex discrimination should be aware that University administrators must issue Timely Warnings for certain types of incidents reported to them that pose a substantial threat of bodily harm or danger to members of the campus community per Clery Act guidelines. The University will make every effort to ensure that a victim’s name and other identifying information is not disclosed, while still providing enough information for community members’ safety decisions in light of any potential danger.

 

Emergency Alerts 

University Administration may issue an Emergency Alert via SCU’s Emergency Notification System. The Emergency Notification System is a comprehensive database that can send rapid alerts to SCU community members using various forms of communication, including SMS text message, cellular phone, and email. If an Emergency Alert is issued, additional information will be posted to the University’s main website, www.scuhs.edu, and appropriate follow-up alerts will be issued as necessary. Emergency situations include, but are not limited to, earthquakes, fires, severe weather, utility failure, airborne chemical spill, armed intruder, bomb threat, chemical/hazardous spill, civil disturbance, explosion/plane crash, or psychological crisis. Anyone with information warranting an Emergency Alert should immediately report the circumstances to the Campus Safety office, by phone (562 902-3333), in person (F Bldg, room 20), or by using any of the yellow phone boxes located throughout campus.

Depending on the circumstances of a given incident, especially in all situations that could pose an immediate threat to the campus community, an Emergency Alert and a Timely Warning may be issued consecutively.

 

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 en route to a call and specific maintenance vehicles.

No person shall stop, park, or leave standing any vehicle, whether attended or unattended, except when necessary to avoid conflict with other traffic or in compliance with the direction of a security officer or an official control device, in any of the following places:  

  1. On a sidewalk;
  2. On a driveway;
  3. On a crosswalk;
  4. Within 15 feet of a fire hydrant; or
  5. Within 15 feet of any building.

No person shall park any vehicle in a zone designated No Parking Zone, No Parking and Tow-Away Zone, or Tow-Away Zone. All vehicles parking in these zones will be subject to citation and/or be removed at the owner’s expense according to CVC Section 22658. Unauthorized parked vehicles are subject to tow by CVC Section 22658. When there are reasonable grounds to believe that a vehicle has been left unattended and is not removed within 24 hours, the vehicle will be towed at the owner’s expense per CVC Section 22658. The responsibility for securing a legal parking space rests with the motor vehicle operator. The absence of any legal parking space within any particular parking lot or area is not cause for violation of these regulations. Tight scheduling shall not be an excuse for illegal parking. Sufficient time should be allowed to walk to and/or from the vehicle no matter where the vehicle must be parked.

 

Student Parking Statement 

Upon registration, the student shall sign a form, which shall be kept in their student file, indicating that they shall abide by all the rules and regulations relating to on-campus parking. Failure to comply with on-campus parking regulations may lead to suspension and dismissal from the University. Any student who uses a car for transportation to the University shall comply with this regulation.

Parking on city streets in the neighborhoods surrounding campus has created friction between local residents and the University. SCU provides adequate free on-campus parking in order to accommodate all students. Parking on campus aids us in maintaining healthy relations with our neighbors. Thus, SCU expects that all students shall use the provided campus lots and not park on the street. Anyone who parks on the street shall be in violation of the SCU Parking Policy and Procedure.

 

Employee Parking Statement 

Any full-time, part-time, contractual, or otherwise stated employee (educational or non-educational) shall sign a separate statement as related to on-campus parking that they shall respect and abide by all rules and regulations therein or be subject to corrective discipline, including, but not limited to, suspension or dismissal.

Parking on city streets in the neighborhoods surrounding campus has created friction between local residents and the University. SCU provides adequate free on-campus parking in order to accommodate all employees. Parking on campus aids us in maintaining healthy relations with our neighbors. Thus, SCU expects that all employees shall use the provided campus lots and not park on the street. Anyone who parks on the street shall be in violation of the SCU Parking Policy and Procedure.

 

Vehicle Registration 

Students and/or employees shall, upon their first day of attendance, register their vehicles and obtain a parking permit for them from the Campus Safety Department. Failure to comply or refusal to display such parking permits shall result in a citation being issued.

 

Parking Permits 

Permits for students and employees shall be issued at no cost. These permits are nontransferable.

Vehicles parked in parking lots must display the parking permit affixed to the rearview mirror or on the dashboard. Motorcycles and mopeds must display the parking decal on the rear fender. Recipients of handicapped parking permits shall be evaluated every term to validate parking.

“Student” or “Employee” vehicles are not to be parked in spaces labeled “Visitor,” ”Vendor,” or “Patient.” Any violations will result in a citation.

 

Violation Fines 

Any vehicle not in keeping with parking regulations or that impedes traffic control shall be subject to a parking or traffic violation and the driver shall be fined accordingly. Fine amounts shall be established by the CFO and approved by the President. Fines shall be reviewed annually and updated as needed.

Fines will be due and payable within seven days of citation date. Payments will be made to the One Stop Enrollment Services during regular business hours. The One Stop Enrollment Services Office will notify Campus Safety of paid citations.

 

Parking for Outside Long-Term Use of Facilities 

Outside vendors and/or contractors who have entered into an agreement with the University to do business on the campus shall abide by the Parking Regulations in the following manner:

  1. A designated area will be agreed upon by the contractor or vendor and the Campus Safety Supervisor. The Campus Safety Supervisor will then notify the officers of the area so designated;
  2. The vendor or contractor will abide by the directions for parking, entering, and leaving the campus and the posted speed limits of the campus. Failure to abide by these directions may result in revoking permission to enter the campus; and
  3. The vendor or contractor must be able to produce proof of automobile liability insurance upon request.

The vendor or contractor cannot block a driveway, roadway, or entrance to a building unless previously arranged with the Department of Campus Safety to ensure safe passage into and out of campus.

 

Painted Curbs 

Painted curbs indicate restricted parking. The color denotes the type of parking allowed. The following color code is used:

  1. Red Curb indicates no stopping, standing, or parking, whether the vehicle is attended or not. Vehicles are subject to towing where posted;
  2. White Curb indicates staff parking only;
  3. Yellow Curb indicates loading or unloading;
  4. Blue Curb indicates parking for permanently or temporarily disabled persons. Any vehicle not displaying an official handicapped sign or temporary handicapped permit will be subject to citation;
  5. Green Curb indicates parking reserved for visitors.

 

Enforcement of Student Off-Street Parking 

Any student who violates on-campus parking regulations by parking on any street surrounding the University campus while engaged in any University related activity shall be cited in the following manner:

First Notice - A First Notice of compliance shall be placed on the violator’s windshield with copies forwarded to the Dean of Student Affairs that shall be placed in the student’s files. A copy shall also be kept in the Campus Safety Department.

Second Notice - A Second Notice shall be placed on the violator’s windshield if the First Notice is ignored. A notice of compliance shall be forwarded to the Student Affairs Office. The Student Affairs Office will advise them that a third and final notice could and will result in suspension and/or dismissal from the University. Space shall be provided at the bottom of the Second Notice for the Student Affairs written comments concerning the consultation that shall be placed in the student’s file.

Third and Final Notice - A Third and Final Notice shall be placed on the violator’s windshield if the Second Notice is ignored. A compliance notice shall be  sent  to  the  Student Affairs Office indicating that this is the Final Notice and that corrective action is needed. Space will be provided on the Final Notice to set a date and time for the student to appear before the Appeals Court for final determination. Failure to appear shall result in immediate suspension and possible dismissal from the University.

 

Enforcement of Employee Off-Street Parking 

Any employee who violates these regulations by parking on any street surrounding the campus shall be cited in the following manner:

First Notice - A First Notice of compliance  shall  be  placed  on  the  violator’s  windshield, with copies forwarded to the employee’s supervisor and Human Resources Office. A copy shall also be kept in the Campus Safety Department.

Second Notice - A Second Notice shall be placed on the violator’s windshield if  the  First Notice is ignored. A notice of compliance shall be forwarded to the employee’s supervisor and Human Resources Office. The supervisor shall advise the employee that a third and final notice could result in suspension and/or dismissal from the University. However, failure of the responsible supervisor to advise the employee does not invalidate the Second Notice or conditions thereof. Space shall be at the bottom of the Second Notice for the department’s written comments concerning the consultation that shall be placed in the employee’s personnel file.

Third and Final Notice - A Third and Final Notice shall be placed on the violator’s winshield if the Second Notice is ignored.  A compliance notice shall be forwarded to the employee’s supervisor; the Human Resouces Offic; and the Department Chair, Vice President, or the Dean of the respective department indicating that this is the final notice and that corrective action must not take place.  Comments regarding disciplinary action taken shall be written on the bottom of the notice and forwarded to the employee’s personnel file.

 

Appeals Court 

All appeals must be directly to the Director of Auxiliary Services 562-947-8755, ext 515. The individual appealing the violation has the right to request an Appeal Court hearing should they disagree with the decision of the Director of Auxiliary Services. The Appeals Court is composed of one employee, one student, and security representatives and, if called, shall be chaired by the Vice President of Administration and Finance. The Court and its meeting shall be organized by the Director of Auxiliary Services. In matters relating to citations of both on- and off-campus parking, where in the opinion of the appeals court there appears to be mitigating circumstances, the court  shall ask the issuing officer to present either verbally or in writing the reason that the ticket was issued. At this time, a decision shall be made by the court to either accept or deny the citation. If it is the court’s decision that the case is sustained, the violator must comply with the requirements of the applicable policies and pay  the  applicable  fees  within  seven days  of  the  court  appearance.  If a student disagrees with the decision of the Traffic Appeals Court, they may file an appeal through the student grievance process. Employees may file an appeal through the employee grievance process.

 

Visitor/Patient Parking 

Visitor and patient parking shall not be occupied by any University students or employees.

 

Speed Limit 

The speed limit is 5 mph on campus roads and 5 mph within campus parking lots, unless otherwise posted. Notwithstanding these speed limits, no person shall operate any vehicle, bicycle, cart, or other form of transportation at a speed that is greater than is reasonable, having due regard for the traffic, the surface and width of the road or street, and the safety of persons or property.

 

Pedestrians 

Pedestrians have the right of way over vehicles when crossing roadways within marked crosswalks or within any unmarked crosswalk at road intersections. The driver of a vehicle must use due care for the safety of any pedestrian at any place.

 

Overnight Parking 

In compliance with the Los Angeles County Zoning Ordinance, there shall be no overnight parking of any vehicle on campus in which a person would sleep, eat, or use as a temporary home-away- from-home. The only exception to overnight parking shall be if there is a malfunction of a vehicle and it has been reported or the driver has been granted permission to leave the vehicle overnight by the Department of Campus Safety.

 

Towing 

Acting under the provision of the CVC 21113 Part (a), which provides for an educational nonprofit institution to establish parking procedures to control all vehicles parked on such property, and acting under CVC 22658, which provides for the removal and impounding of vehicles that are in noncompliance with the institution’s established and published regulations, SCU, having met all requirements as set forth in these codes, reserves the right to remove and impound any student or employee vehicle or any other vehicle that fails to comply with the established parking regulations of the University. All fees incurred by the removal and impounding of a vehicle will be the responsibility of the registered owner.

 

Parking Areas

Parking Lot Number 1

Parking Lot Number 1 is located next to buildings W, T, Q, and S on the northwest side of the campus off Amber Valley Drive. Lot 1 is open to all persons using the campus and will be open from 6:30 a.m. to 9:30 p.m., except when the University is closed for holidays.

Parking Lot Number 2

Parking Lot Number 2 is located behind S building and Lot 3 on the south side of campus. Adjacent to Parking Lot Number 1 off Amber Valley Drive, Lot PL2 is open to all employees and visitors and is open from 6:30 a.m. to 9:30 p.m., except when the University is closed for holidays.

Parking Lot Number 3

Parking Lot Number 3 is located behind buildings M and O on the east south side of the campus.

Parking Lot Number 4

Parking Lot Number 4 is located adjacent to buildings F, G, H, I, J, K, and L on the southeast side of campus.

Parking Lot Number 5 (PL5)

Parking Lot Number 5 is located in front of Buildings A and F on the north side of campus and is open to staff and visitors.

 

No Parking Areas 

The following areas are designated as no parking:

  1. All driveways;
  2. Any other place on the campus except designated parking places.

 

Handicapped Parking 

Students, faculty, administrators, or staff personnel possessing a DMV-issued “Handicapped” license plate or placard may park in a blue-lined stall reserved for the disabled. All University parking regulations, including fees, if any, will be applicable.

 

Temporarily Handicapped Student Permit 

All students with a temporary disability requesting close proximity parking shall submit to the Student Affairs Office for approval a statement of disability and the length of time required for special parking that may be verified by clinical staff. If temporary handicapped parking is approved by the Student Affairs Office, approval will be sent to the Campus Safety  supervisor  for  a  specified period of time. All University parking regulations, including fees, if any, will be applicable.

 

Reserved Spaces 

Parking stalls may be labeled as reserved for specific purposes. Any stall so labeled may not be used by unauthorized vehicles.

 

Motorcycles, Mopeds, Bicycles, Rollerblades, or Skateboards 

Motorcycles and Mopeds: All motorcycles and mopeds must be parked in an appropriate parking lot. Motorcycles and mopeds may not be parked or driven on sidewalks at any time.

Bicycles: Every person riding a bicycle on campus has all the rights and is subject to all the duties of a driver of an automobile. Bicycles shall be operated in a safe manner and shall not be permitted in any campus buildings. When not in operation, all bicycles must be parked in racks provided and not attached to metal posts, fences, walls, trees, or any other standard.

In addition to the above, the following regulations must be observed:

  1. Riding motorcycles, motorized scooters, bicycles, mopeds, rollerblades, skateboards, or other conveyances in rooms, hallways, courtyards, lounges, and lobbies or on all University steps and stairways presents an immediate hazard to all members of the University community and their use in these areas is therefore prohibited.
  2. No person shall operate a skateboard, rollerblades, or a bicycle on a sidewalk or walkway that duly interferes with pedestrian traffic; caution is to be exercised at all times and the right of way is to be yielded to pedestrians.
  3. Motorized vehicles, other than wheelchairs, may not be operated on sidewalks.
  4. No person shall operate a motorcycle, motorized scooter, bicycle, moped, rollerblades, skateboard, or other conveyance on any artificial or specially prepared surface (i.e., running tracks and basketball courts).
  5. Any person who operates a motorcycle, motorized scooter, bicycle, moped, rollerblades, skateboard, or other conveyance on campus is expected to comply with and is subject to any state or local ordinances or campus regulations, including adhering to all posted warning, caution, or speed limit signs.
  6. In the absence of posted speed limits, operators are expected to act in a responsible manner and in respect of local conditions.

Violators will be subject to appropriate discipline.

Security Cameras 

Security cameras have come into increasing use on college and university campuses, principally as part  of   crime   prevention   strategy,   to   aid   in   the   protection   of   public   safety   and personal property. Because SCU respects the privacy of all of the members of the University community, this policy has been developed to govern the use of University-authorized security cameras on campus, to ensure that such cameras are used judiciously. Responsibility for determining the appropriateness of installing University authorized security cameras on campus and for disseminating and implementing this policy is delegated to the Department of Campus Safety, based on the parameters below.

 

Appropriate Use of Security Cameras on Campus 

Security camera use on campus is considered appropriate when it enhances:

  1. The protection of individuals, equipment, and facilities;
  2. The monitoring of public areas;
  3. The monitoring of building entrances and exits;
  4. The investigation of criminal activity; and
  5. The enforcement of academic integrity.

Security camera use on campus is considered inappropriate when it entails:

  1. The installation of “dummy” cameras that do not operate on a regular basis;
  2. Infringement on a person’s reasonable expectations of privacy;
  3. Filming as a means of surreptitiously evaluating employee or student performance.

 

Principles Regarding the Use of Security Cameras for Non-Instructional Purposes 

  1. All recording or monitoring of the activities of individuals or groups by University- authorized security cameras will be conducted in a manner consistent with existing SCU policies and will never be based on the subjects’ personal characteristics, including 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 other protected classifications.
  2. All recording or monitoring of video records will be conducted in a professional, ethical, and legal manner. Campus Safety and IT personnel assigned to monitor video records will receive training in the effective, legal, and ethical use of the monitoring equipment.
  3. All recording or monitoring of public areas for security and safety purposes by University- authorized security cameras is limited exclusively to practices that shall not violate the standard of a reasonable expectation of privacy as defined by law.
  4. Recorded images made by SCU authorized security cameras shall be archived for the University in a secure location for a specific predetermined period of time by the Campus Safety Department and shall be accessible to authorized University personnel on an as- needed basis only. Upon expiration of the predetermined time period for storage, all recorded images will be destroyed, unless they are being used as part of an ongoing investigation of criminal activity. The alteration of previously recorded images is strictly prohibited.
  5. In public areas and inside buildings/classrooms, signage giving notice of monitoring by security camera will be posted as deemed appropriate by the President and the Vice President for Administration and Finance.
  6. An audit of the location, use, and effectiveness of all security cameras used for the recording and monitoring of public areas for non-instructional purposes shall be conducted by Campus Safety on an annual basis and the results of that audit shall be disseminated to the University President and the Vice President for Administration and Finance.
  7. Security cameras installed by authorized financial institutions to monitor ATM usage on campus are exempt from this policy.
  8. Concerns about the possible infringement of these principles should be directed immediately to the Director of Human Resources or the Director of Student Affairs.
  9. Any persons who tamper with or destroy video security equipment shall be subject to criminal proceedings and/or campus judicial action.

 

Security Escorts 

Campus Safety offers an escort service for SCU students, staff, administrators, and faculty. A safe escort between any two locations on University property and the area immediately surrounding campus shall be provided. For a safe escort, please contact Campus Safety.

 

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 Vice President for Administration and Finance. 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 Executive Director of Auxiliary Operations and Physical Plant 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.

 

Persona Non Grata

In a matter of clear and present possible physical harm to any SCU student, employee, visitor, or property, the President (or designee) has authority to declare an individual, or individuals, persona non grata at the University. Such individuals will be escorted off campus and shall not return to the campus without permission unless and until such status is removed by the President. Employees and students who disagree with the President’s decision may file a grievance in accordance with applicable University policy.

 

Active Shooter Training and Preparation

 

Run Hide Fight

What’s known as an “Active Shooter” incident has become an unfortunate reality in today’s world. SCU is providing this information not to alarm our campus community but to keep each of you informed of what to do on and off campus in the event of an active shooter incident.

  1.   During an Active Shooter event: RUN (away from the shooter), HIDE (if you cannot run away), FIGHT (the shooter by any means necessary).
  2.   If you see something suspicious or have a concern, please contact Campus Safety so that we may assist appropriately!

 

Contact

CampusSafety@scuhs.edu 562-902-3333 

Or 333 from any campus phone 

 

Lockdown/Lockout

Multiple times each year, the Campus Safety department will conduct campus-wide safety exercises. These exercises may be in the form of lockdowns, lockouts, or evacuations.

Each operation door on campus is equipped with barricade hardware to help assist in securing entrances during a lockdown or lockout event. Details about how to use this equipment are located at each installation point.

 

Emergency Notification (Informacast)

SCU uses Informacast, a “cloud-based” emergency notification system that allows us to communicate important messages to our constituents in an efficient and rapid manner. These messages are sent out via multiple mediums to each member of the campus community, including SMS text and email, in order to inform them of the situation. Additionally, the notifications provide instructions to the receiving individual on how to respond to the notification.

 

How to Make Changes to Your Informacast Profile

You can make changes to your Informacast Profile by visiting the “Campus Safety” Department page on  https://my.scuhs.edu/ics/ and click on “Informacast.”

It is highly encouraged that you include your cell phone for quick communication during an emergency.

 

Emergency Procedures/Maps

IMPORTANT: The tarmac (between the Gym and the LRC) is the designated evacuation point for the entire campus.  

Be sure to visit SCU Prepared for even more detailed information on what to do in emergency situations and for additional resources.

For emergency procedures, see the Campus Safety Department page on MySCU. For evacuation maps, see the Campus Safety Department page on MySCU. For active shooter awareness, see the Campus Safety Department page on MySCU.

 

Title IX/Sexual Misconduct

Discrimination and Harassment

This policy applies to all employees, students, independent contractors, vendors, and others doing business with SCU. Furthermore, it prohibits unlawful discrimination in any form, including verbal, physical, or visual harassment. It also prohibits retaliation of any kind against individuals who file valid complaints or who assist in a University investigation. Additionally, the University has adopted a comprehensive document that addresses issues of discrimination on the basis of sex and sexual misconduct pursuant to the Title IX Policies and Procedures. This document can be found in Appendix A.

 

Definitions

Discrimination

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.

 

Sexual Exploitation

Sexual exploitation occurs when a person takes non-consensual, unjust, or abusive sexual advantage of another, for their own advantage or benefit or for the benefit or advantage of anyone other than the one being exploited.

 

Stalking

Stalking involves an intentional course of repeated conduct or behavior over a period of time, directed  at  a  specific   person,   which   causes   a   person   to   feel   harm,   annoyance,   emotional distress, and/or fear. Stalking can also be done via usage of electronic mediums/devices (cyber stalking) and is no less of an egregious offense. When performed based on the victim’s gender, stalking is considered sexual misconduct.

 

Reporting Complaints

The University strongly urges the reporting of all incidents of discrimination, harassment, retaliation, sexual misconduct, or assault, regardless of the offender’s identity or position. Individuals who believe they have experienced conduct that they believe is contrary to the University’s policy or who have concerns about such matters should file their complaints with the appropriate official at the University as set forth below:

Students: Any student who believes that they have been the victim of behavior that conflicts with University policy by another student, an employee of the University, or any other agent of the University should promptly report the facts of the incident or incidents and the name(s) of the individual(s) involved to the appropriate Title IX Coordinator and to Campus Safety. In addition, they may want to report the issue directly to the Dean of the student’s college, the Vice President for Enrollment Management and Student Affairs, or the Vice President for Academic Affairs. Alternative reporting can be made to any faculty or staff. University employees receiving complaints from a student shall report the allegations to Human Resources.

Employees: Employees who believe they have experienced conduct that they believe is contrary to the University’s policy or who have concerns about such matters should file their complaints with their immediate supervisor, the appropriate Title IX Coordinator or Deputy Coordinator, Human Resources, and/or the ADP TotalSource Employee Service Center at 800-554-1802 before the conduct becomes severe or pervasive. Individuals should not, however, feel obligated to file their complaints with their immediate supervisor first before bringing the matter to the attention of the Title IX Coordinator, Human Resources, or the ADP TotalSource Service Center. If you make a complaint under this policy and have not received a satisfactory response, you should contact the ADP TotalSource Employee Service Center at 800-554-1802. 

Vendors, Contractors, and Third Parties: Vendors, contractors, and third parties should report complaints of behavior conflicting with University policy to the Vice President for Administration and Finance, who serves as the Title IX Coordinator; this individual shall in turn report the complaint to Human Resources and ADP TotalSource, if necessary.

 

Upon receipt of the complaint, the individuals listed above will immediately forward the complaint to the University’s Equal Employment Opportunity Executive (EEOE), the Vice President of Administration and Finance.

Please note that if any of the individuals designated above to receive complaints is the subject of the discrimination or harassment allegations, or if the complainant is otherwise uncomfortable approaching these individuals, the complainant should direct the complaint to the EEOE.

The availability of this complaint procedure does not preclude individuals who believe they are being subjected to harassing conduct from promptly advising the offender that their behavior is unwelcome and requesting that it be discontinued.

 

Confidentiality

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 when it conflicts with the University’s obligation to investigate meaningfully and, where warranted, take disciplinary action.

 

Anti-Retaliation and False Accusations Statement

Retaliation against anyone who files a complaint, serves as a witness, or otherwise participates in the enforcement of this policy is strictly prohibited. Initiating a complaint of harassment or discrimination will not affect a complainant’s employment, compensation, or work assignments or, in the case of students, grades, class selection, or any other matter pertaining to student status. Distinguishing between harassing or discriminatory conduct and conduct that is purely personal or social without harassing or discriminatory work or educational effect requires a determination based on all facts pertaining to the situation.

False accusations of harassment or discrimination can seriously injure innocent people. It is a violation of this policy, therefore, for anyone knowingly to make false accusations of harassment and discrimination. If, during the investigation, it is determined that the evidence demonstrates that the accusation was made falsely, appropriate disciplinary action shall be instituted by the University. A determination that a complaint is not meritorious, however, is not necessarily equivalent to a false allegation. A finding for the accused does not constitute a finding that the complaint was in bad faith.

Finally, these policies should not and may not be used as a basis for excluding or separating individuals of a particular gender, or any other protected characteristic, from participating in business, work-related, or student social activities or discussions in order to avoid allegations of harassment. The law and the policies of the University prohibit disparate treatment on the basis of protected characteristics, regarding terms, conditions, privileges, and perquisites of employment or admission as a student. The prohibitions against harassment, discrimination, and retaliation are intended to complement and further these policies, not to form the basis of an exception to them.

 

Title IX Coordinators

The Title IX Coordinator and Deputy Coordinators oversees monitoring of University policy in relation to Title IX law developments; implementation of complaint procedures, including notification, investigation, and disposition of complaints; provision of educational materials and training for the campus community; conducting and/or coordinating investigations of complaints received pursuant to Title IX; ensuring a fair and neutral process for all parties; and monitoring all other aspects of the University’s Title IX compliance. In addition, these officials shall prepare annual statistical reports for the campus community on the incidence of sexual harassment. No information that identifies individuals shall be reported in the annual statistical reports. For a listing of the Coordinators and their respective contact information, please see Appendix A for the University’s complete Title IX Policies and Procedures guide.

 

Annual Security Reports & Daily Crime Log

Clery Annual Crime Report

In accordance with the Jeanne Clery Act, SCU produces an Annual Security Report. This report includes statistics for the previous three years concerning reported crimes that occurred on campus and on public property adjacent to campus. Federal law also requires the reporting of fires that have occurred on campus. However, this requirement is only for those universities with on-campus student housing. SCU has no such facilities at this time and does not officially document fires via this report; however, incident reports of on-campus fires are kept in the Office of Campus Safety. Further, federal law requires the implementation and disclosure of missing student notification procedures for those institutions that have on-campus housing facilities; currently SCU has no such facilities and reports on no such procedures.

 

Campus SaVE

On March 7, 2013, President Obama signed a bill that strengthened and reauthorized the Violence Against Women Act. Included in the bill was the Campus Sexual Violence Elimination Act (Campus SaVE), which amends the Jeanne Clery Act and affords additional rights to campus victims of sexual violence, dating violence, domestic violence, and stalking. The Campus SaVE Act is technically not an “Act” in its own right, but is rather Section 304 of the Violence Against Women Act.

 

Annual Security Reports

Annual Security Reports can be located on the Campus Safety Department Page on MySCU.

 

Daily Crime Log

Daily crime logs can be located on the Campus Safety Department Page on MySCU.

 

Drug and Alcohol

SCU has a Drug and Alcohol Awareness Program (DAAPP) that can be viewed in Appendix B. Biennial Reviews can be located on the Campus Safety Department Page on MySCU.

Drug and Alcohol Abuse

It is the desire and obligation of SCU to provide a safe, healthful, and conducive educational environment by maintaining a drug abuse-free atmosphere. It is 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 US 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.

 

Drug and Alcohol Abuse Program

The Drug and Alcohol Abuse Program minimally includes a written annual distribution to each student and employee stating the standards of conduct that clearly prohibits the unlawful possession or distribution of illicit drugs and abuse of alcohol by students and employees; a description of applicable legal sanctions under local, state, or federal law; a description of health risks associated with the use of illicit drugs and the abuse of alcohol; a description of available drug or alcohol counseling, treatment, or rehabilitation or re-entry programs; a clear statement of the disciplinary sanctions that the University will impose on students and employees; and a biennial review by the University of its program to determine its program effectiveness and to ensure that disciplinary sanctions are consistently enforced.

 

Drug and Alcohol Abuse Standards of Conduct

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. This includes actions that can lead to suspension, dismissal, or termination with referral for prosecution.

 

Controlled Substances

All drugs listed in US Code 21, Section 812, Schedules I-V are considered 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 methaqualone, barbiturates);
  4. Stimulants (such as amphetamines, methamphetamines);
  5. Benzodiazepines (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.

All drugs that are prescribed by a licensed physician for medical purposes are not included in the drug abuse program unless the prescription is in itself abused and affects the employee or student while on University property.

 

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.

 

Prohibition of the Sale of Tobacco Products on Campus

As a health sciences educational institution, SCU intends to promote wellness and prevention for students, faculty, and staff through its programs and services. Therefore, the University does not permit the sale or promotion of tobacco products in the Bookstore, from vending machines, or via any other vehicle, on campus or at any other facility owned and/or operated by the University.

 

Automated External Defibrillator Locations on Campus

Automated External Defibrillators (AEDs) are located in the following buildings:

  • UHC 
  • T 
  • Gym 
  • O Bldg 
  • J Bldg 

 

An additional AED is always available on the Campus Safety cart.

 

Contacts & Support

 

Campus Safety Contact Numbers

Main Email 
CampusSafety@scuhs.edu
 
Main line/field radio  
562-902-3333 
Angel Mayo, Site Commander 
angelmayo@scuhs.edu
 
Joseph Eggleston, Executive Director of Auxiliary Operations & Physical Plant
josepheggleston@scuhs.edu 562-947-8755 x 515 (office)
714-757-2859 (cell)

 

Emergency Contact Information for Off-Site Clinics

Base Clinics

CSU Fullerton
CSUF University Policy
Non-Emergency
657-278-2515

CSUF Campus Operator
657-287-2011
Mt. San Antonio College
Department of Policy/Public Safety
Non-Emergency
909-274-4555

Text-a-Tip (Anonymous)
909-274-9560
CSU Northridge
Departmet of Police Services
24 Hours Police Dispatch
818-677-2111

We Tip Hotline
818-677-TIPS (8477)
UC Irvine
UCI Police Department
24 Hours Business Line
949-824-5223

24 Hour Safety Escort
949-824-SAFE (7233)

 

Satellite Clinics

CSU Los Angeles Health Center

CSU LA Department of Public Safety 323-343-3700

Children’s Hospital of Orange County (CHOC),

Orange, CA

Orange Police Department 714-744-7444

Huntington Park Family Health Center

Huntington Park Police Department Non-Emergency

323-584-6254

Cerritos College Health Center

Cerritos College Campus Police 562-860-2451 ext 2325

West Hollywood Being Alive Clinic

Los Angeles County Sheriff’s Department West Hollywood Station

310-855-8850

Whittier Community Resource Center

Los Angeles County Sheriff’s Department Norwalk Station

562-863-8711

Saban LA Free Clinic

Los Angeles Police Department Hollywood Station

213-972-2971

El Camino College Student Health Center

El Camino College Police Department

310-660-3100

The Oncology Institute of Hope & Innovation, Whittier, CA

Whittier Police Department

562-567-9200

 

 

PPR

USC

Department of Public Safety Emergency

213-740-4321

Non-Emergency 213-740-6000

 

Appendix A: Title IX Policies and Procedures

Taking Action Following Sexual Violence/Assault

These steps & resources are meant to immediately assist an individual involved in a sexual violence or sexual assault situation. More details exist in the remainder of this document.

 

A.  Seek Medical Attention

If you need immediate medical attention call 911

 

St. Jude Medical Center 714-871-3280
101 E. Valencia Mesa Drive, Fullerton CA, 92835
(Link provides directions from SCU)
 
Presbyterian Intercommunity Hospital 562-698-0811
12401 Washington Blvd, Whittier CA, 90602
(Link provides directions from SCU)
 
UCLA Medical Center, Rape Treatment Center 310-319-4000
  1250 16th Street, Santa Monica, CA 90404                      
(Link provides directions from SCU)

 

B.  Seek Available Assistance

 

Los Angeles Area Community Sexual Assault Crisis Center
408-843-7138
 
Peace Over Violence (24/7 hotline) 310-392-8381
213-626-3393
626-793-3385
www.peaceoverviolence.org
 
Cleveland Rape Crisis Center (24/7 hotline) 216- 619-6192
www.clevelandrapecrisis.org
 
RAINN (Rape, Abuse, & Incest National Network)
1-800-656-HOPE
www.rainn.org
 

C.  Preserve

 

Do everything possible to not disturb the crime scene;
Preserve all evidence in paper bag (plastic can contaminate evidence);
Try NOT to: bathe, urinate, douche, brush teeth, or drink liquids.

 

D.  Pursue University Conduct Charges & Policy Violations

 

Per the details found in this document.

 

​E.  Pursue Criminal Prosecution of the Offender

 

Los Angeles County Sheriff’s Department - Norwalk Station 562-863-8711
12335 Civic Center Dr., Norwalk, CA 90650

 

​F.  File a formal complaint with the:

 

Office for Civil Rights (OCR) 415-486-5555 ocr.sanfrancisco@ed.gov www.ed.gov/ocr
US Equal Employment Opportunity Commission 800-669-4000
www.eeoc.gov

 

G.  California Department of Fair Employment and Housing (DFEH)

 

www.dfeh.ca.gov 800-884-1684

 

H.  Contact

 

Contact the appropriate Title IX Deputy Coordinator, Administrator, or the Coordinator (see Section 5 below);
Call the Biola Counseling Center at 562-903-4800.

 

FOREWARD

 

No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance…

These requirements apply to all forms of sex discrimination and harassment, and are particularly important for preventing and effectively responding to sexual violence…

All students are protected by Title IX, regardless of whether they have a disability, are international or undocumented, and regardless of their sexual orientation and gender identity.

-Title IX of the Education Amendments of 1972

 

PROMULGATION

 

TITLE IX POLICIES & PROCEDURES

The primary duty of any institution is to provide for the welfare and safety of its community members. Southern California University of Health Sciences (SCU) remains committed to providing a campus community in which learning and working reflect a safe environment free from sex-

/gender-based discrimination, harassment, and - especially - violence.

In compliance with Title IX of the Education Amendments of 1972 and other federal, state, and local civil rights laws that prohibit discrimination based on sex in educational programs and activities that receive federal financial assistance, SCU has developed these policies and procedures, which prohibit discrimination, harassment, violence, and retaliation on the basis of sex/gender. The guidelines are intended to define expectations, establish an instrument for determining when policies have been violated, and provide clear guidance for those individuals adversely impacted by any type of sexual or gender-based misconduct.

In accordance with the Title IX regulations, the University has designated select qualified individuals to act as SCU’s Title IX personnel, headed by the Vice President for Operations and COS. These individuals are charged with the responsibility of monitoring institutional compliance with regulations promulgated under Title IX; eliminating instances of discrimination, harassment, and violence; and promoting overall awareness to the campus community concerning issues related to Title IX.

Therefore, in recognition of the regulatory requirements and safety responsibilities of SCU to its students, staff, faculty, patients, and visitors, as well as those of the surrounding community, and with the authority vested in me as the Chief Executive Officer of SCU, I hereby promulgate this Title IX Policies and Procedures document.

John Scaringe Sig  

John Scaringe, DC, EdD                   Date: 08/10/2020

President/CEO, Southern Californa University of Health Sciences

 

APPROVAL AND IMPLEMENATION

This plan replaces, supersedes, and renders inactive SCU’ 2016 Title IX Policies and Procedures: Discrimination on the Basis of Sex and Sexual Misconduct, which was published independently and included as an Appendix to Vol. II of the SCU Policy Manual.

The SCU Policy Manual designates the Vice President for Operations/COS as the University’s Title IX Coordinator, with authority to direct the policies and procedures contained herein.

The continual approval and implementation of this document is as follows:

  • Document is annually reviewed by the SCU Safety & Compliance Committee;
  • Recommendations for augmentations and edits are made to the Title IX Coordinator;
  • Title IX Coordinator endorses the recommendations of the Safety & Compliance Committee;
  • Title IX Coordinator facilitates the approval of revised document by SCU Cabinet; and
  • Title IX Coordinator distributes the revised document to the campus community.

 

APPROVAL AND SIGNATURES

Southern California University of Health Sciences (SCU), President/CEO

Cabinet Sig  

 

  1. Navigating Title IX & Similar Legislation

 

The guiding legal regulation for prohibiting discrimination, harassment, and violence as they relate to sex in educational institutions is Title IX of the Education Amendments of 1972. Since the initial codification of the regulations, numerous additional significant guidance documents have been published (especially since 2001) that expand and clarify the rules and regulations of Title IX.

In addition to Title IX, there are three other pieces of legislation that, while separate, have intersecting causes as part - or all - of their scope. These legislations are the Jeanne Clery Act, the Violence Against Women Reauthorization Act (VAWA), and California Senate Bill 967. The overlap is most poignant with regards to sexual violence and the prevention thereof.

The information in this section is meant to highlight the different pieces of legislation so as to allow for a more comprehensive understanding of the policies and procedures contained within the remainder of this document.

 

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 (DOE) maintains an Office for Civil Rights (OCR), which enforces Title IX and its various requirements. Additionally, the United States Department of Justice shares enforcement authority over Title IX with the OCR. To ensure compliance with Title IX and other federal and state civil rights law, Southern California University Health Services (SCU) has developed policies and procedures that prohibit sex discrimination in all of its forms. Over the years, the 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 OCR, 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 DOE’s OCR and requires institutions to publish an Annual Security Report (ASR), maintain a crime log, issue timely warnings about crimes that pose a serious or ongoing threat to the students and employees, devise an emergency response notification and testing policy, and disclose criminal statistic concerning incidents related to the campus proper, the public area surrounding the campus, and at certain non-campus buildings.

For more information on SCU’s ASR’s and Daily Crime Logs, visit https://my.SCU.edu/ICS/Departments/Campus_Safety/Annual_Security_Reports_Daily_Crime_Lo g.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), signed by President Obama in March of 2013, adds three new crime classifications that must be reported in an institution’s ASR. These new definitions are “dating violence,” “domestic violence,” and “stalking.” Section 304 and the Final Regulations of VAWA also amend certain portions of the ASR 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 and 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, 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 both parties involved 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

 

1.5  Family Education Rights & Privacy Act (FERPA)

The Family Education 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 Section 2.1.8 of the SCU Policy Manual. 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 as doing so could be harmful or constitute an invasion of privacy.

 

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 has 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 a non-forcible sex offense, SCU is permitted to disclose to the alleged 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 or a non-forcible sex offense and, with respect to the allegation made, that the respondent has committed a violation of the University’s rules or policies.
1.5.3 FERPA, Jeanne Clery Act, and Title IX Compliance

Per the requirements of the Jeanne Clery Act, SCU must ensure that both the complainant and the respondent be informed of the outcome of any institutional disciplinary proceeding brought alleging a sex offense. SCU’ continuing compliance with this requirement does not constitute a violation of FERPA. Furthermore, the FERPA limitations on re-disclosure of information do not apply to information that SCU is required to disclose under the Clery Act. Accordingly, the University may not require a complainant to abide by a nondisclosure agreement, in writing or otherwise, that would prevent the re-disclosure of the information.

 

1.6  US 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 US 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 USC 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.  Statement of Compliance

 

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). Additionally, individuals may bring their questions or complaints directly to the DOE’s OCR, which is responsible for overseeing Title IX compliance (see Section 5).

The following policy and procedures focus on those types of prohibited behavior(s) concerned with, but not limited to, sex, gender, sexual orientation, pregnancy status, gender identity, gender expression, and gender transition.

For all other situations of prohibited behavior and harassment (e.g., not related to Title IX), refer to Section 2.1.6 of the SCU Policy Manual.

 

2.1  University Nondiscrimination Policy Statement

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, 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.

 

2.1.1 Supplemental Statement on University’s Nondiscrimination 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 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 (see Section 2.1).

 

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

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 nondiscrimination 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 of or is 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 (see Section 2.1).

 

2.1.3 Terminology

2.1.3.1  Gender 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.

2.1.3.2  Transgender

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.

2.1.3.3  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.

 

2.1.4  Supplemental Statement on University’s Nondiscrimination on the Basis of Pregnant and Parenting Individuals

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 that 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 pregnant individuals, but 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 who is under the care of a health professional.

 

2.2  University Sexual Abuse and Minor Policy

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 that 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 and 6 below). Incidents involving 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.  Scope

 

These policies and procedures apply to the on campus 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. Additionally, these policies and procedures are equally applicable to off-campus conduct of the above-mentioned personnel when said conduct occurred in the context of an education program, during an activity of the University, or when it contributes - in some manner - to a hostile learning or working environment on the campus proper. These policies and procedures do not apply to a person outside the United States.

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 wellbeing of the complainant and the broader campus community.

Lastly, Title IX regulations require that these same policies and procedures apply to recruiting, admissions, counseling, financial assistance, athletics (including student interests and abilities, athletic benefits and opportunities, and athletic financial assistance), sex-based harassment, single- sex education, pregnant and parenting students, employment, retaliation, and 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.  Definitions

 

4.1  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 including, but 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 and/or the same sex), regardless of sex or gender identity.

 

4.2.   Sex/Gender Discrimination

Any act that treats someone unfavorably because of that person’s gender, 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).

 

4.3  Sexual Harassment

Any conduct on the basis of sex that constitutes unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the University’s educational program and/or activities.

 

4.3.1 Quid Pro Quo Sexual Harassment

Occurs when a University employee causes a student to believe that he or she 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 employee and their superior.

  1. Example(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.

 

4.3.2 Hostile Environment Sexual Harassment

Occurs when unwelcome conduct of a sexual nature is sufficiently serious that it affects a student’s ability to participate in or benefit from an education program or activity or creates an intimidating, threatening, or abusive educational environment. A hostile environment can be created by a University employee, another student, or even someone visiting the University, such as a student or employee from another university. 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. Indeed, a single or isolated incident of sexual violence may create a hostile environment.

  1. Example(s)
    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;
  1. Physical conduct that includes touching, assaulting, or impeding or blocking movement; or
  2. Harassing a student based solely on their gender identity, their transgender status, or their gender transition.

 

4.4  Sexual 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 forcing the victim 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.

4.4.1 Example(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.

a. Includes attempts or assaults to commit rape.

  1. 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. Statutory Rape

 

  1. Engaging in sexual intercourse wherein at least one individual is a minor (under eighteen [18] and not the spouse of the other individual), even when the underage party consents to the act.
  1. Sexual Assault includes, but is not limited to, all of the following:
    1. Sexual contact between the genitals or anal opening of one person and the mouth or tongue of another person;
    2. Intrusion by one person into the genitals or anal opening of another person, including the use of an object for this purpose (except during acts performed for a valid medical reason);
    3. Intentional touching of the genitals or intimate parts, including the breasts, genital area, groin, inner thighs, and buttocks, or the clothing covering them for the purposes of sexual arousal or gratification (except during acts performed for a valid medical reason or as acts that can reasonably be construed to be normal caretaker responsibilities); or
    4. Intentional masturbation of the perpetrators genitals in the presence of another individual.
  2. Sexual Abuse
    1. Forced undesired sexual behavior by one person upon another, usually over a period of time; or
    2. Molestation.
  3. Sexual Battery
    1. Touching of an intimate part of another person while that person is unlawfully restrained by the accused or an accomplice against the will of the person touched and for the purpose of sexual arousal, sexual gratification, or sexual abuse.
  4. Sexual Coercion
    1. Pressuring an individual to perform sexual acts after a date because another individual feels that it is “owed” to them; or
    2. Pressuring an individual to perform sexual acts after they have stated “NO.”

 

4.5  Sexual Exploitation

Occurs when a person takes non-consensual, unjust, or abusive sexual advantage of another, for their own advantage or benefit or for the benefit or advantage of anyone other than the one being exploited.

 

4.5.1 Example(s)
  1. Photographing or video-/audio-taping of sexual contact/activity without consent;
  2. Observing someone involved in sexual contact/activity, sexual intercourse/penetration, or in a state of undress, without their knowledge; or
  3. Inducing intoxication/incapacitation for the purpose of sexual activity.

 

4.6  Stalking

An intentional course of repeated conduct or behavior over a period of time, directed at a specific person, which causes a person to feel harm, annoyance, emotional distress and/or fear. Stalking can

 

also be done via usage of electronic medium/devices (cyber stalking) and is no less of an egregious offense. When performed based on the victim’s gender, stalking is considered sexual misconduct.

 

4.6.1 Example(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.

 

4.7  Dating 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.

 

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

 

4.8  Domestic 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
  5. 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.

 

4.9  Consent 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;

 

  1. 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;
  2. Consent to one form of sexual activity does not imply consent to other forms of sexual activity;
  3. 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.

 

4.10  Actual 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.

 

4.11  Notice

Notice is, but is not limited to, a report of sexual harassment to the Title IX Coordinator.

 

4.12  Complainant

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

 

4.13  Respondent

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

4.14  Formal Complaint

A document field 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.

 

4.15  Supportive Measures

Non-disciplinary, non-punitive individualized services will be 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.

4.16  Education 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.

 

5.  Title IX Coordinators

 

5.1  University 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.

Title IX Coordinator
Joseph Eggleston
AVP for Auxiliary Operations josepheggleston@SCU.edu (562) 902-3357 16200 Amber Valley Drive, Whittier, CA 90604 [Bldg. C]
Title IX Administrator
Afton Rodriguez
Auxiliary Operations Specialist aftonrodiguez@SCU.edu (562) 947-8755 x472 16200 Amber Valley Drive, Whittier, CA 90604 [Bldg. C]
Title IX Decision Maker/Hearing Office
Chuck Sweet
Vice President for Operations/COS
chucksweet@SCU.edu (562) 902-3305
16200 Amber Valley Drive, Whittier, CA 90604 [Bldg. A]
Title IX Appellate Officer
Tom Arendt
Vice President for Finance & Business Affairs
tomarendt@SCU.edu (562) 902-3335
16200 Amber Valley Drive, Whittier, CA 90604 [Bldg. A]
 

 

5.1.1 Roles 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 and 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).

5.2  Office for Civil Rights (OCR)

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

Office for Civil Rights (OCR)

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

 

5.3  Updated 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.SCU.edu/ICS/Departments/Campus_Safety/Title_IXSexual_Misconduct.jnz.

 

5.4  Title IX Personnel Succession Protocol

Federal guidelines mandate that the Title IX Coordinator position at any given institution not be left vacant. Although not required directly by legislation, SCU has opted to establish the Title IX personnel structure referenced above (Section 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 and this University guidance document, the Title IX Administrator 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 Title IX Administrator can no longer perform their duties as prescribed by federal and state law and 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.

 

5.5  Conflict 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 Section 5.1 above will take their place.

 

5.6  University Title IX Individual Listed as Respondent

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

 

5.7  Conflict of Interest

Should any Title IX Personnel, listed above, have a conflict of interest of 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.  Reporting Sexual Discrimination, Harassment, Violence, & Analogous Behavior

 

SCU takes 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 sexual 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 Section 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.

 

6.1  Responsible Employees

According to Title IX and the OCR, a responsible employee is:

  1. An employee who has the authority to take action to redress sexual violence;
  2. An employee who has been given the duty of reporting incidents of sexual violence or any other misconduct by students to the Title IX Coordinator; and
  3. An employee whom a student could reasonably believe has this authority or duty as mentioned above.

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 who engages in teaching; and
  4. Any faculty member who engages in patient care.

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, who do not fit into any of the above categories are not considered “responsible employees” under SCU’ 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 sexual 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’ Title IX personnel; see Section 5) that they may be investigated and addressed appropriately.

6.1.1  Responsible 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, and 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 and 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 his or her 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, 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.

 

7  Grievance Procedure

The University’s Grievance Procedure set forth in this policy meets Title IX requirements and affords complainants a prompt and equitable resolution using the preponderance of evidence standard, while additionally upholding due process as it relates to the respondent so as to protect the integrity of both party’s rights. Moreover, as it pertains to allegations concerning sexual violence, the University Grievance Procedure shall not - at any time - permit, encourage, or allow for questions pertaining to the complainant’s sexual history with anyone other than the alleged perpetrator. Furthermore, the University understands that the mere fact of a current or previous consensual dating or sexual relationship between two parties does not itself imply consent or in any way preclude a judicious pursuance of University Grievance Procedure.

The University’s Grievance Procedure is applicable to all complaint scenarios (student against student, employee against student, employee against employee, student against third party, etc.). It is applicable whether the complainant filed the complaint directly or if it was filed on their behalf by another party.

During the Grievance Procedure, the University will be adamant concerning the fair and equitable treatment of all parties involved. Additionally, the complainant has the right to file criminal charges of their own accord (the University can assist where appropriate and warranted), and the procedures described below are in no way meant to discourage pursuit of said charges outside the institution.

During the Grievance Procedure, the presumption is that the respondent is not responsible for the alleged conduct until a determination regarding responsibility is made at the conclusion of Grievance Procedure based on the preponderance of evidence.

In the event that a complaint is filed with an external agency or court, the University reserves the right to determine, in its discretion, whether the University’s Grievance Procedure should be discontinued or continued separately.

 

7.1  Initial Assessment

The first step in addressing any complaint is for the Title IX Administrator to conduct an initial assessment that will determine whether or not the allegation constitutes a potential violation under Title IX. If this policy is invoked, a Formal Investigation (see Section 7.2 below) shall be conducted to determine whether or not there has been a violation of policy.

The Administrator or Coordinator will provide for the adequate, reliable, and impartial investigation of all complaints.

  1. Reporting incidents or complaints directly to the Title IX Coordinator or Administrator is the most efficient way of beginning the grievance procedure.
    1. Refer to Section 5 above for their contact information;
    2. Refer to Section 6 above for additional reporting options.
  2. There is no time limit for the reporting of an incident or complaint of sexual discrimination or sexual violence, or for beginning the grievance procedure; however, all incidents of sex discrimination, including sexual violence, sexual misconduct, or retaliation, etc. should be reported immediately.
    1. Timely reporting is essential for an efficient investigation and the prevention of any future discriminatory actions;
    2. Responsible employees are obligated to report any behavior they feel is in violation of this policy.

 

7.2  Formal Investigation

The formal investigation will be completed over the course of forty-five (45) calendar days from the date the complaint was filed; however, if circumstances permit, more time may be required and an extension may be warranted. The purpose of this investigation is to establish whether policy has been violated.

The individual responsible for the investigation shall promptly notify the person against whom the complaint is made (respondent) with a notification of investigation. If warranted, the Title IX Coordinator and/or Administrator shall notify the appropriate University officer or supervisor concerning the nature of the complaint and of the identity of the parties.

In conducting the investigation, the assigned investigator may interview the complainant, the person against whom the complaint is made, and any other person(s) believed to have relevant factual knowledge. During the formal investigation, the complainant and respondent are never to be questioned in the same room or directly question each other (for cross-examination see Section

7.2.1 below). Additionally, the investigator will make a good faith effort to provide adequate notice prior to any interview so as to allow the party being interviewed to prepare for meaningful participation. Both parties are afforded the right to fully participate in the investigation, provide evidence and witnesses as they deem necessary, and to be accompanied by an advisor (see Section

7.5 below).

In order to promote accuracy, for each conducted interview, the investigator shall produce a transcript within five (5) calendar days and provide it to the party being interviewed for commentary. At all times, the investigator shall make a demonstrated and documented effort to maintain confidentiality; however, the University cannot guarantee complete confidentiality where it would conflict with the obligation to investigate meaningfully and, where warranted, take disciplinary action. Additionally, the University will act to ensure that all participants involved maintain confidentiality to the degree possible.

Lastly, the Title IX Coordinator and Administrator have the authority to investigate concerns without the request of a formal inquiry.

 

7.2.1  Preliminary Report & Commentary Period

Upon completion of the investigation, a Preliminary Report documenting the facts and conclusions will be compiled and issued to both parties and the Title IX Coordinator. This report will not contain a recommendation concerning whether policy was violated.

Both parties will have ten (10) calendar days from the date of issuance to respond to the report with commentary, additional information, recommended corrections, and/or written cross-examination questions for witnesses and/or parties when necessary and appropriate. All cross-examination questions will be submitted to the appropriate party indirectly by way of the investigator. Additionally, the investigator reserves the right to modify or reject a question if deemed inappropriate, at which point the submitting party will be notified. Further, under no circumstances will a party be compelled to answer questions that may lead to criminal prosecution.

 

7.2.2  Final Report

The investigator shall produce a Final Report within twenty (20) calendar days of the issuance of the Preliminary Report; however, additional time may be granted if warranted. This Final Report will document the facts, conclusions, and recommended sanctions (if any). For each alleged violation, the Final Report will, based on the preponderance of the available evidence, recommend a finding as to whether or not the investigator considers that the alleged conduct that necessitated the investigation did, or did not, occur.

 

The Final Report will be issued to both parties simultaneously as well as to the Title IX Coordinator.

 

7.3  Final Determination/Hearing

7.3.1  Scheduling and Medium

After receiving the Final Report, the Title IX Coordinator will - within fourteen (14) calendar days

  • schedule a live hearing with the complainant, respondent, advisors, and witnesses (if any/necessary). Said hearing will be conducted by the Title IX Hearing Officer using teleconference technology and will be recorded. Said recording will be made available to both parties no later than three (3) calendar days after the hearing has concluded. All parties participating in the hearing must attend, using both a camera and microphone.
7.3.2  Structure

The Title IX Hearing Officer will structure and conduct the live hearing as they see fit so as to maintain the integrity and efficacy of the hearing, so long as it does not conflict with any policies herein.

 

7.3.3  Witnesses and Evidence

Both parties have an equal opportunity to present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.

 

7.3.4  Cross-Examination and Advisors

During the hearing, the Title IX Hearing Officer must permit each party’s advisor to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging creditability. Only relevant cross-examination and other questions may be asked of a party or witness. Before a complainant, respondent, or witness answers a cross-examination or other question, the Title IX Hearing Officer must first determine whether the question is relevant and explain any decision to exclude a question as not relevant.

If a party does not have an advisor present at the live hearing, the University shall provide without fee or change to that party an advisor of the University’s choice, who may be, but is not required to be, an attorney, in order to conduct cross-examination on behalf of that party. Said advisor shall only be provided for the purposes of cross-examination during the live hearing.

Questions about the complainant’s sexual predisposition or prior sexual behavior are not relevant, unless such questions and evidence about the complainant’s sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or if the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.

Cross-examination at the live hearing must be conducted directly, orally, and in real time by the party’s advisor of choice and never by a party personally.

 

7.3.5  Hearing Officer Limitations

If a party or witness does not submit to cross-examination at the live hearing, the Title IX Hearing Officer must not rely on any statement of that party or witness in reaching a determination regarding responsibility.

The Title IX Hearing Officer cannot draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions.

 

7.3.6  Final Determination

At the conclusion of the hearing, the Title IX Hearing Officer will issue a final determination as to whether policy was violated, and whether sanctions are appropriate. Said determination will also be provided in written format to both parties. The written determination will include the following:

  1. Identification of the allegations potentially constituting sexual harassment, as defined in Section 4;
  2. A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
  3. Findings of fact supporting the determination;
  4. Conclusions regarding the application of the University’s code of conduct policies to the facts; and
  5. A statement of, and rationale for, the results as to each allegation, including:

 

  1. Any disciplinary sanctions the University imposes on the respondent; and
  2. Whether remedies designed to restore or preserve equal access to the University’s educational program or activity will be provided by the University to the complainant.

 

7.3.7  Sanctions

Violation(s) of this policy may result in the imposition of one or more of the sanctions listed below. Sanctions that may be imposed are not limited to those listed. In certain limited situations, the Title IX Hearing Officer may impose a sanction, but suspend or postpone its actual implementation. Failure to comply with the sanction(s) imposed by the Title IX Officer may result in further disciplinary action, including but not limited to, a registration hold, placement on, or extension of, University probation, suspension, or permanent dismissal.

Sanctions are based on general principles of fair treatment. While attempting to be consistent in its disciplinary decisions, the University also seeks to be fair and sensitive to the facts and circumstances of each individual case. The following are the potential sanctions that may be imposed, but the University reserves the right to impose others depending on the circumstances presented:

  1. Warning: Oral or written notice to the individual that the individual is violating or has violated the University’s Title IX Policy and that continuation or repetition of misconduct may result in a more severe sanction.
  2. University Probation: A status that indicates that an individual’s relationship with the University is tenuous. Probation is for a designated period of time and includes the probability of more severe disciplinary sanctions if the individual is found in violation of the University’s Title IX Policy or other policy violations. Probation may also result in the loss of privileges, depending on the policies of various University departments and organizations.
  3. Loss of Privileges: Such loss may include, but is not limited to, financial assistance, eligibility to represent the University officially, or use of specific University facilities or services.
  4. Restitution: Compensation for loss, damage, or injury. Failure to pay such charges may result in additional sanctions (including, but not limited to, denial of re-enrollment or refusal to release official transcripts and records).
  5. Educational Sanctions: Reading/writing assignment, drug or alcohol assessment/treatment, seminar attendance, or other discretionary sanctions as deemed appropriate.
  6. Suspension: Temporary separation of the individual from the University for a definite period of time, after which the individual (if a student) is eligible to return without reapplying through the office of admissions. Conditions for readmission may be specified.
  7. Expulsion: The individual is permanently separated from the University with a notation of the reason(s) for the termination in their file. No refunds are made and the individual will suffer the academic consequences of their actions.
  8. Termination: The individual’s employment with the University is permanently severed with a notation of the reason(s) for the termination placed in their file. No opportunity for reemployment will be afforded.

 

7.4  Appeals Process

Any decision made by the Title IX Hearing Officer may be appealed by the respondent (or by the complainant, if there is one) to the Title IX Appellate Officer within five (5) calendar days of the decision.

The basis for appeal shall only include the following:

  1. A claim of procedural irregularity that affected the outcome of the matter;
  2. A claim that the Title IX Coordinator, Administrator, and/or Hearing Officer had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter; or
  3. A claim that there is new evidence to present that is sufficient to alter the decision.

An individual’s notice of appeal does not suspend the imposition of sanctions or interim measures until the appeal is finally decided. If an appeal is upheld, the sanctions will be reversed and the affected party will be made whole.

If the Title IX Appellate Officer determines there is merit for an appeal, the facts of the incident will be reviewed with the party, typically in a personal meeting between the Vice President for Finance and Business Affairs. Appeals, if granted, can result in one of the following:

  1. The original determination/sanction will be upheld;
  2. The original determination/sanction will be modified; or
  3. A new investigation will be scheduled.

 

7.5  Right to an Advisor

Both the complainant and the respondent have the right to be assisted by an advisor of their choice so long as that person is free of conflicts of interest and bias. The purpose of the advisor is to support an individual during the Grievance Procedure, including accompanying the individual to in-person interviews or other meetings during the process.

  1. The advisor may not appear in lieu of the complainant or the respondent or speak on their behalf in either in-person or in written communications to the University. The advisor may not communicate directly with the investigator(s), the Title IX Coordinator, the Title IX Administrator, or any other University official involved in the Grievance Procedure and may not interrupt or otherwise delay the Grievance Procedure.
  2. Advisors may have access to information concerning a case only when accompanying a party (for in-person access to information) or when a party has given permission for the advisor to be copied on emails or other correspondence (for access to written communications). An advisor’s access to such information is subject to the same limitations as those placed upon the parties and conditioned upon the advisor’s agreement to maintain the confidentiality of any student educational records or other confidential information.
  3. If a party selects an attorney as an advisor, the advisor’s participation in the Grievance Procedure is in the role of an advisor and not as an attorney representing a party. The advisor will have access to highly confidential information and is prohibited from sharing information obtained as an advisor during the Grievance Procedure with anyone, including other individuals who may be part of an attorney-client relationship with the party.
  4. Parties must provide the name of the person they have selected as their advisor to either the Title IX Coordinator or Title IX Administrator. Advisors will be required to sign an

 

Advisor Agreement acknowledging receipt and understanding of the requirements described herein. Failure to comply with these requirements, including violations of confidentiality or other forms of interference with the complaint resolution procedure by the advisor, may result in the disqualification of an advisor.

  1. The University will notify a party involved in the Grievance Procedure if another party involved has obtained an advisor, and if so, whether the other party’s advisor is an attorney.

7.6  Emergency Removal of Student Respondent

The University may remove a student respondent from its education programs or activities on an emergency basis, only after:

  1. Undertaking an individualized safety and risk analysis;
  2. Determining if an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal; and
  3. Providing the respondent with notice and an opportunity to challenge the decision immediately following removal, while respecting all rights under the Individuals with Disabilities Education Act, Section 504 of the Rehabilitation Act of 1973, or the Americans with Disabilities Act, as applicable.

 

7.7  Placing Non-Student Employee on Administrative Leave

The University may, if warranted, place a non-student employee respondent on administrative leave during the pendency of a grievance process under its existing procedures, without modifying any rights provided under Section 504 of the Rehabilitation Act of 1973 or the Americans with Disabilities Act.

 

7.8  Temporary Delay of Grievance Process

The University may temporarily delay the Grievance Process or extend the time frames established above for good cause with written notice to the complainant and the respondent of the delay/extension and the reason(s) for the action. Good cause may include, but is not limited to, considerations such as the absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity; or the need for language assistance or accommodation of disabilities.

 

7.9  Dismissal   of   Formal   Complaints/Suspension   of    Grievance Procedure

Formal Complaints shall be dismissed if:

  1. The conduct alleged in the Formal Complaint would not constitute sexual harassment even if proved;
  2. The conduct did not occur in the University’s education program or activity;
  3. The conduct did not occur against a person in the United States;
  4. At the time of filing a Formal Complaint, a complainant is not participating in or attempting to participate in the education program or activity of the University.

Formal Complaints may be dismissed, if at any time during the investigation or hearing:

 

  1. A complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the Formal Complaint or any allegations therein; and/or
  2. The respondent is no longer enrolled or employed by the University; and/or
  3. Specific circumstances prevent the University from gathering evidence sufficient to reach a determination as to the Formal Complaint or allegations therein.

Should a Formal Complaint be dismissed, prompt written notice will be sent to both parties.

Further, if a Formal Complaint is dismissed under these policies (Title IX), the complaint may be reinstated under another provision of the University’s code of conduct or other applicable resolution procedures.

 

7.10  Reservation of Flexibility

The procedures set forth in this Policy reflect the University’s desire to respond to complaints in good faith and in a manner that promotes fairness to all parties. The University recognizes that each case is unique and that circumstances may arise that require it to reserve some flexibility in responding to the particular circumstances of the matter. Where it is not possible or practical to follow these procedures, the University reserves the right to modify the procedures or to take other administrative action as appropriate under the circumstances.

 

8.  Anti-Retaliation & False Reports

 

8.1  Retaliation

It is a violation of this policy for any person to intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceedings, or hearing under Title IX.

Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment but arise out of the same facts or circumstances as a report or complaint of sex discrimination or sexual harassment for the purposes of interfering with any right or privilege secured by Title IX or this part, constitutes retaliation.

The exercise of rights protected under the First Amendment does not constitute retaliation.

Initiating a complaint of sexual misconduct and/or sexual discrimination will not affect a complainant’s employment, compensation or work assignments or, in the case of students, grades, class selection, or any other matter pertaining to student status.

Distinguishing between harassing or discriminatory conduct and conduct that is purely personal or social without a harassing or discriminatory work or educational effect requires a determination based on all the facts pertaining to the situation.

Additionally, these policies should not, and may not, be used as a basis for excluding or separating individuals of a particular gender or any other protected characteristic from participating in business, work-related, academic, or student social activities or discussions in order to avoid allegations of harassment. The law and the policies of the University prohibit disparate treatment on the basis of protected characteristics, with regard to terms, conditions, privileges, and perquisites of employment or admission as a student. The prohibitions against harassment, discrimination, and retaliation are intended to complement and further these policies, not to form the basis of an exception to them.

Complaints alleging retaliation may be filed according to the grievance procedures described above in Section 7 (above).

 

8.2  False Reports

False accusations and reports of sexual discrimination, harassment, or violence can seriously injure innocent persons and their reputations. It is a violation of this policy, therefore, for anyone knowingly to make false accusations. If, during the conducting of the investigation, it is determined that the evidence demonstrates the accusation was made falsely, appropriate disciplinary action will be instituted by the University and will follow the Grievance Process as defined in Section 7 of this policy. A determination that a complaint is not meritorious is not necessarily equivalent to a false allegation. A finding for the accused does not constitute a finding the complaint was in bad faith.

Complaints alleging false reports may be filed according to the grievance procedures described above in Section 7 (above).

 

9.  Confidentiality & Disclosure Obligations

 

9.1  University Confidentiality Policy Statement

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.

 

9.1.1  Factors Concerning Requests for Confidentiality Related to Sexual Violence

When weighing an individual’s request for confidentiality that could preclude a meaningful investigation or potential discipline of the alleged perpetrator, SCU’s Title IX personnel will consider a range of factors.

These factors include circumstances that suggest there is an increased risk of the alleged perpetrator committing additional acts of sexual violence or other violence (e.g., whether there have been other sexual violence complaints about the same alleged perpetrator, whether the alleged perpetrator has a history of arrests or records from a prior school indicating a history of violence, whether the alleged perpetrator threatened further sexual violence or other violence against the student or others, and whether the sexual violence was committed by multiple perpetrators).

These factors also include circumstances that suggest there is an increased risk of future acts of sexual violence under similar circumstances (e.g., whether the student’s report reveals a pattern of perpetration at a given location or by a particular group).

Other factors that should be considered in assessing an individual’s request for confidentiality include whether the sexual violence was perpetrated with a weapon, the age of the individual subjected to the sexual violence, and whether the University possesses other means to obtain relevant evidence (e.g., security cameras or personnel, physical evidence).

SCU will always take requests for confidentiality seriously, while at the same time considering its responsibility to provide a safe and nondiscriminatory environment for all members of the campus community, including the individual who reported the sexual violence. For example, if the University has credible information that the alleged perpetrator has committed one or more prior rapes, the balance of factors would compel the University to investigate the allegation of sexual violence, and if appropriate, pursue disciplinary action in a manner that may require disclosure of the individual’s identity to the alleged perpetrator. If the University determines that it must disclose an individual’s identity to an alleged perpetrator, it should inform the student prior to making this disclosure.

Accordingly, in these types of cases, the University will promptly take whatever interim measures are necessary to protect the individual and ensure the safety of the campus community.

Conversely, should, for example, the University have no credible information about prior sexual violence committed by the alleged perpetrator and the alleged sexual violence was not perpetrated with a weapon or accompanied by threats to repeat the sexual violence against the complainant or others or it was not part of a larger pattern at a given location or by a particular group, the balance of factors would likely compel the University to respect the individual’s request for confidentiality. In this case, the University will still take all reasonable steps to respond to the complaint consistent

 

with the individual’s confidentiality request and determine whether interim measures are appropriate or necessary.

 

9.1.2  Exception for Counseling Personnel

The University offers counseling resources through an external institution, Biola University (562- 903-4800). OCR does not require licensed counselors 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 and 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).

 

9.1.3  Exception for University Awareness Events & Programs

SCU ardently desires to make all members of the campus community aware of their individual rights and responsibilities as they relate 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 related 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 use available resources. As such, information shared at these events or as part of preventive education campaigns will aid the 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.

 

9.1.4  Amnesty for Sexual Misconduct Complaints & 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.

9.2  Jeanne Clery Act

In compliance with Public Law 101-542, the Student Right to Know and Security Act, the University will provide information on campus security policies and campus crime statists to current and prospective students and others. The University will make available, upon request to all interested people, information on policies regarding the use of campus facilities; the reporting of criminal actions and/or emergencies that have occurred on campus; a statement of current procedures regarding campus security, campus law enforcement, the authority of security personnel to perform their duties, and their liaison with state and local police; policies that include a prompt reporting of any problems and/or crimes on campus; policies that might deter crime; statistical reporting for a calendar year of all crimes and/or problems; and a statistical report of the number of arrests on campus during that time period. The Campus Safety Office and the Office of Student Affairs shall maintain copies of the entire text of the act for use by students, faculty, and staff.

9.2.1  Timely Warnings

In the event that a situation arises, either on or off campus, that, in the judgment of the Campus Safety Office, University Administration, or local law enforcement, constitutes an ongoing continuing threats, a campus wide “timely warning” will be issued. The warning will be issued through the University email system and MySCU portal. In the event a given incident jeopardized the technological infrastructure, a hard copy of the warning will be posted throughout the campus. Timely warnings are usually issued for arson, burglary, robbery, aggravated assault, criminal homicide, motor vehicle theft, sex offenses, hate crimes, arrests/referrals for disciplinary actions, and any other crimes as deemed necessary. Anyone with information warranting a timely warning should immediately report the circumstances to the Campus Safety Office, by phone 562-902-3333, in person (F Bldg., Room 20), or by using any of the yellow phone boxes located throughout campus or the blue poles located in the parking lots.

Complainants of sexual misconduct, discrimination, harassment, or violence should be aware that University administrators must issue timely warnings for certain types of incidents reported to them that pose a substantial threat of bodily harm or danger to members of the campus community per these Clery Act guidelines. The University will make every effort to ensure that a victim’s name and other identifying information is not disclosed, while still providing enough information for a community member’s safety decision in light of any potential danger.

 

9.2.2  Campus Crime Log

Clery Act requirements mandate that the Campus Safety Office keep a daily crime log of all alleged criminal incidents and make said log publicly available.

Complainants of sexual misconduct and/or sexual discrimination should be aware that allegations of criminal activity associated with their complaint will be placed on the daily crime log; however, any and all personally identifying information is not required to be recorded and will not be disclosed.

 

9.3  Campus Sex Crimes Prevention Act

The Campus Sex Crimes Prevention Act is a federal law that provides the tracking of convicted, registered sex offenders enrolled as students at institutions of higher education or working or volunteering on campus. It also amended the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act to require institutions of higher education to issue a statement, in addition to other disclosures required under the Act, advising the campus community where law enforcement agency information provided by a state concerning registered sex offenders may be obtained. In compliance with the Act, please note that law enforcement agency information by the State of California concerning registered sex offenders may be obtained by accessing the California Sex Offender Registry.

 

10.  Training & Dissemination

 

10.1  Employee Training & Dissemination

Employees of the University will be provided a copy of this policy during the new hire orientation process and when any augmentation is made to this policy.

Additionally, employees will be required to complete a comprehensive online training concerning this policy and relevant federal, state, and local regulations during the new hire orientation process and annually thereafter.

10.2  Student Training & Dissemination

All students of the University will be provided a copy of this policy during the application process, during the orientation process, and at the beginning of each calendar year. Students will also be provided a copy of this policy when any augmentation is made.

Additionally, all students will be required to complete a comprehensive online training concerning this policy and relevant federal, state, and local regulations during their first week of instruction and annually thereafter.

10.3  Training for Campus Safety Personnel

Campus Safety Officers will be held to the same standards in Section 10.1 above. Additional training may be provided by SCU or the officers’ parent company, as appropriate.

10.4  Training for SCU Title IX Personnel

Because of their importance to the policies and procedures outlined in this document, Title IX personnel are required to take an additional annual training beyond that listed in Section 10.1. Further, each representative will be required to participate in an annual review of this policy in order to propose the addition of relevant contemporary standards or augment the existing language so as to better serve the campus community.

 

11  Record Keeping & References

 

11.1  Recording Keeping

The following must be maintained for a period of seven (7) years:

  1. Each sexual harassment investigation including any determination regarding responsibility;
  2. Any audio or audiovisual recording or transcript;
  3. Any disciplinary sanctions imposed on the respondent;
  4. Any remedies provided to the complainant designed to restore or preserve equal access to the University’s educational program or activities;
  5. Any appeal and the result therefrom;
  6. All materials used to train Title IX Personnel; and
  7. Records of any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment.

 

11.2  References

The following were consulted during the revision of this document:

  1. Association of Title IX Administrators (atIXa) https://atixa.org/
  2. Title IX Resource Guide http://www2.ed.gov/about/offices/list/ocr/docs/dcl-title-ix- coordinators-guide-201504.pdf
  3. Revised Sexual Harassment Guidance: Harassment of Students by School Employees, Other Students, or Third Parties, Title IX, January 19, 2001 http://www2.ed.gov/about/offices/list/ocr/docs/shguide.pdf
  4. DLC April 4, 2011 http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201104.pdf
  5. DLC April 24, 2013 http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201304.pdf
  6. DLC June 25, 2013 http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201306-title- ix.pdf
  7. DLC May 13, 2016 http://www2.ed.gov/about/offices/list/ocr/letters/colleague-201605-title- ix-transgender.pdf
  8. Questions & Answers on Title IX and Sexual Violence http://www2.ed.gov/about/offices/list/ocr/docs/qa-201404-title-ix.pdf
  9. Dear Title IX Coordinator, April 24, 2015 http://www2.ed.gov/about/offices/list/ocr/docs/dcl-title-ix-coordinators-letter-201504.pdf
  10. 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
  11. Examples of Policies and Emerging Practices for Supporting Transgender Students http://www2.ed.gov/about/offices/list/oese/oshs/emergingpractices.pdf
  12. 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
  13. FERPA http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html
  14. The Handbook for Campus Safety & Security Reporting 2016 Edition http://www2.ed.gov/admins/lead/safety/handbook.pdf

 

Questions & Answers on Campus Sexual Misconduct (2017) https://www2.ed.gov/a

 

Appendix B: Drug and Alcohol Awareness Program

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

Section 2: Applicable legal sanctions

Section 3: Health risks associated with substance abuse

Section 4: Available drug and alcohol counseling

Section 5: Applicable disciplinary sanctions

Section 6: Biennial review

 

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.

All drugs that are prescribed by a licensed physician for medical purposes are not included in the drug abuse program unless the prescription is in itself abused and affects the employee or student while on University property; however, the use or possession of medically prescribed marijuana is excluded from this exception and consequently is not allowed on University property in compliance with United States federal law. 

Alcoholic beverages may be allowed on University property or at any University related functions whether on or off campus as long as it is in keeping with the Policy on Alcoholic Beverages on Campus and is not abused.3

 

University Employee Drug and Alcohol Use (Drug Free Workplace):

It is SCUHS’ and ADP TotalSource’s desire to provide a drug-free, healthful, and safe workplace. To promote this goal, employees are required to report to work in appropriate mental and physical condition to perform their jobs in a safe and satisfactory manner.

In keeping with the  United  States  federal  government  requirements  of  the Drug-  Free Workplace Act of 1988 as found in Public Law 100-690 and in keeping with Chapter 5.5 entitled, “Drug-Free Workplace,” as found under Division 1 of Title 2 of the California Government Code, and as a condition for receiving federal, state contractual funds or grants, SCUHS employees are prohibited from engaging in the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance while on SCUHS premises and while conducting business-related activities off SCUHS premises. The legal use of legally obtained prescribed drugs is permitted on the job only if it does not impair an employee’s ability to perform the essential functions of the job effectively and in a safe manner that does not endanger other individuals in the workplace. In addition to the above, employees who drive any vehicle for University business must immediately report arrests for drugs or DUI, either on or off duty, to their supervisor.4
In further compliance with the Drug-Free Workplace Act, an employee who performs work for a government contract or grant must notify SCUHS and ADP TotalSource of a criminal conviction for drug-related activity occurring in the workplace or off University premises while conducting SCUHS business. A report of a conviction must be made to Human Resources within five days after the conviction. The term “conviction” means a finding of guilt (including a plea  of nolo contendere) or imposition of sentence or both by any judicial body charged with responsibility to determine violations of state or federal criminal drug statutes. The University is obligated to notify the appropriate federal contracting agency within 10 days of receipt of notice of an employee conviction.
 

Violations of the University’s Drug and Alcohol Use policy may lead to disciplinary action, up to and including immediate termination of employment, and/or required participation in a substance abuse rehabilitation or treatment program. Such violations may also have legal consequences.5

 

To ensure orderly operations and provide the best possible work environment, SCUHS and ADP TotalSource expect employees to follow rules of conduct that will protect the interests and safety of all employees and the organization including - but not limited to:

·Not working under the influence of alcohol or illegal drugs; and

·Not possessing, distributing, selling, transferring, or using alcohol or illegal drugs or abusing a prescription drug in the workplace, while on duty, or while operating employer owned vehicles or equipment.

·Not complying with a request to consent to a required drug or alcohol test.6

 

Faculty Professional Conduct:

Faculty shall maintain an attitude of professionalism at all times, but particularly in the preparation, presentation, and conduct of teaching and other duties. Specifically, they shall arrive promptly for classes, display proper appearance and conduct, utilize institutional materials and equipment appropriately, demonstrate a cooperative attitude towards their students and colleagues, and attend all scheduled meetings punctually. Moreover, faculty shall not be under the influence of or use alcoholic beverages, drugs, or other substances in such a manner as may detract from, interfere with, or impair their total professional performance; shall have syllabi, examinations, grades, scientific papers, and other reports and materials filed with the Vice President for Academic Affairs according to schedule, and posted appropriately; shall hold appropriate California licenses or be in the active pursuit of same; and shall maintain eligibility for professional liability insurance.7

 

Student Code of Ethics:

SCUHS is committed to providing a campus that is safe and secure, and that allows students to develop as professional individuals and responsible citizens. Students are expected to behave in ways that are respectful of the rights of all members of the SCUHS community to learn, work, practice and teach. The Student Code of Ethics is meant to address any student behaviors that disrupt or detract from the goals of the University. To learn more about the principles guiding the Code of Ethics and Judicial Process at SCUHS, please consult the Judicial Handbook.

 

Students are expected to maintain themselves at all times in a manner befitting a professional institution. Unprofessional conduct at the University will not be tolerated. Students should realize that their enrollment at SCUHS is a privilege, not a right, and carries with it obligations with regard to conduct, not only inside but also outside the classrooms. In addition, students are subject to the laws governing the community, as well as the rules and regulations of the University.

Students are also expected to observe the standards of professional conduct, dress, and appearance approved by the University and the profession. Personal conduct and appearance are outward expressions of character. The right to exclude students whose behavior or appearance is undesirable, unprofessional or prejudicial to the University’s interest is a right reserved by SCUHS.

All students are provided with a copy of this Code of Ethics and Student Judicial Process upon matriculation, and are expected to be familiar with its contents. Additionally, the SCUHS Policy Manual is available in the Seabury Learning Resource Center.

A student may be expelled for unsatisfactory conduct, academic dishonesty, or for any other cause if the student’s conduct is considered to be prejudicial to the interest of the University or the integrative health care professions through the University’s Student Judicial Process. In addition, students may be subject to arrest by local, state or federal agencies for such violations.8

Specifically, students are expected to adhere to the University’s Alcohol and Drug Policy covered in this document. Failure to comply with the expectations set herein will result in disciplinary actions.9

 

Serving Alcohol at University Sponsored Events:

SCUHS recognizes the need for University departments and student organizations to raise money for their use through activities such as dances, dinners, entertaining campus visitors, or other fundraising events where the sale and/or consumption of alcoholic beverages is appropriate.

To support this need, SCUHS shall allow, upon approval, student body organizations, University departments, and outside groups to engage in the sale or dispersal of alcoholic beverages for the activities mentioned above. All individuals or groups not affiliated with the University shall not be allowed to bring or serve alcoholic beverages on campus unless they have liquor liability insurance coverage.

The University also recognizes that by allowing alcoholic beverages to be served or dispensed on campus property, the University may be held liable for damages and/or injuries either on or off campus that might arise due to over indulgence of alcohol consumption. Therefore, SCUHS shall limit the sale or consumption of alcoholic beverages on University property to beer and wine only. The University reserves the right to control the quantity of beverages dispensed to individuals through established University policies and procedures.10

 

Legal Drinking Requirements:

In compliance with the applicable laws of the State of California and the ordinances of Los Angeles County, the University will observe the following:

1.The legal drinking age in California is 21. The purchase, possession and consumption of alcoholic beverages on University property is prohibited for those under that age.

2.No person under the legal drinking age shall misrepresent his age or identity in any manner including, but not limited to, using any false identification for the purpose of purchasing or obtaining any alcoholic beverage.

3.Proof of age must be presented when requested by persons responsible for dispensing alcoholic beverages.

4.No alcoholic beverage shall be provided to any person who is in a state of noticeable intoxication.11

 

Approval Process:

Any persons, departments, or student body organizations of the University or outside groups who plan to sponsor or organize an event with the intention of selling or serving alcoholic beverages shall observe the following:

1.Obtain and receive approval for a Facilities Usage Permit from the Director of Auxiliary Services. This Facilities Permit shall state whether or not alcoholic beverages will be served or sold.

2.After the Facilities Permit has been approved, and before applying for a Temporary Liquor License, the sponsor must obtain from the President an approved letter of authorization to sell alcoholic beverages on University property. Before seeking Presidential approval, student and/or student clubs and organizations must receive written approval from the Office of Student Affairs.

3.The sponsoring party must then present the letter of authorization to the State Alcoholic Beverage Control Board (ABC) to apply for an approved Temporary Liquor License.12

 

 

ABC License Procedures:

Once approval is obtained, the sponsor must contact the Student Affairs Office to obtain an ABC License. Once an ABC License is obtained, the Director of Auxiliary Services shall be contacted, who shall ensure that the license is displayed at the event.

It is the responsibility of the Office of Student Affairs to supervise all alcoholic events to ensure the safety of the SCUHS community. Any student, faculty or staff not in compliance with the University’s Serving Alcohol at University Sponsored Events or who otherwise violated University policy can be charged with misconduct.13

 

Additional Guidelines:

1.Alcoholic beverages are to be consumed only in the designated room(s) or enclosed boundaries approved for the event.

2.Proof of legal drinking age will be required at the bar.

3.Only those beverages served and provided by the sponsoring organization of an event are to be consumed. Individuals are not permitted to bring their own beverages to an event.

4.Drinking games will not be allowed.

5.No person may purchase or obtain alcohol for another person unless the person is present at the time of service, regardless of whether they are of legal drinking age.

6.Soft drinks and food will be made available for the duration of any activity where alcoholic beverages are served.

7.The University will discourage the inappropriate use of alcohol by any member of its community.14

 

Section 2: Applicable Legal Sanctions

 

Federal Regulations and Penalties associated with Illegal Substances

  • 1st conviction: Up to 1 year imprisonment and fined at least $1,000 but not more than $100,000 or both.
  • After 1 prior drug conviction: At least 15 days in prison, not to exceed 2 years and fined at least $2,500 but not more than $250,000 or both.
  • After 2 or more prior drug convictions: At least 90 days in prison, not to exceed 3 years and fined at least $5,000 but not more than $250,000 or both.
  • Special sentencing provisions for possession of crack cocaine: Mandatory at least 5 years in prison, not to exceed 20 years and fined up to $250,000 or both, if:
  1. conviction and the amount of crack possessed exceeds 5 grams.
  2. crack conviction and the amount of crack possessed exceeds 3 grams.
  3. or subsequent crack conviction and the amount of crack possessed exceeds 1 gram.

 

21 U.S.C. 853 (a)(2) and 881 (a)(7) Forfeiture of personal and real property used to possess or to facilitate possession of a controlled substance if that offense is punishable by more than 1 year imprisonment. (See special sentencing provisions re: crack)

21 U.5.C. 881 (a)(4) Forfeiture of vehicles, boats, aircraft or any other conveyance used to transport or conceal a controlled substance.

21 U.S.C. 844a) Civil fine of up to $10,000 (pending adoption of final regulations). 21 U.S.C. 853a Denial of federal benefits, such as student loans, grants, contracts, and

professional and commercial licenses, up to 1 year for first offense, up to 5 years for second and subsequent offenses.

18 U.S.C. 922(g) Ineligible to receive or purchase a firearm. Miscellaneous Revocation of certain federal licenses and benefits, e.g., pilot licenses, public housing tenancy, etc., are vested within the authorities of individual federal agencies.

 

Source: U.S. Department of Justice Drug Enforcement Administration Publication: Drugs of Abuse, 1989 Edition.

 

Federal Penalties and Sanctions for Illegal Possession of a Controlled Substance

 

Methamphetamine

(possession)

 

 

Up to ½ oz.

Class A misdemeanor

6 months/$1000 fine

½ - 2 oz.

Class C felony

1-15 years/$15,000 fine

2 oz. or more

Class A felony

3 years - life/

Methamphetamine (sale)

 

 

Up to 1/8 oz.

Class D misdemeanor

1-3 years/$15,000 fine

1/8 - ½ oz

Class B Felony

1-25 years/$35,000 fine

½ oz - more

Class A-II Felony

3 years - life/$50,000 fine

Hallucinogens (possession)

 

 

Less than 25 mg.

Class A misdemeanor

6 months/$1,000 fine

25-125 mg.

Class C Felony

1-15 years/$15,000 fine

125-625 mg.

Class B Felony

1-25 years/$30,000 fine

625 mg. or more

Class A-II Felony

3 years-life/$50,000 fine

Hallucinogens (sale)

 

 

Less than 25 mg.

Class D Felony

1-23 years/$15,000 fine

25-125 mg.

Class B Felony

1-25 years/$30,000 fine

125 mg. or more

Class A-II felony

3 years-life/$50,000 fine

Any amount w/ prior drug

conviction

Class B felony

1-25 years/$30,000 fine

Stimulants (possession)

 

 

Less than I gm.

Class A misdemeanor

6 months/$1,000 fine

1-5 gm.

Class C felony

1-15 years/$15,000 fine

5-10 gm.

Class B felony

1-25 years/$30,000 fine

10 gm. - more

Class A-II felony

3 years-life/$50,000 fine

Stimulants (sale)

 

 

Less than l gm.

Class D felony

1-3 yeas/$15,000 fine

Narcotic Drugs (possession)

 

 

Less than 1/8 oz

Class A misdemeanor

1-3 years/$1,000 fine

1/8 - ½ oz.

Class C felony

1-15 years/$15,000

1-2 - 2 oz.

Class B felony

1-25 years/$30,000 fine

2 - 4 oz.

Class A-II felony

3 years-life/$50,000 fine

4 oz. - or more

Class A-I felony

15 years-life/$100,000 fine

Narcotic Drugs (sale)

 

 

Less than ½ oz.

Class A misdemeanor

6 months/$1,000 fine

½ oz/ - 2oz.

Class A-II felony

3 years-life/$50,000 fine

2 oz. or more

Class A-I felony

15 years-life/$100,000 fine

Narcotic Mixtures

(possession)

 

 

Less than 1 oz.

Class A misdemeanor

6 months/$1,000 fine

1 oz. - 2 oz.

Class D felony

1-3 years/$15,000 fine

2 oz. or more

Class C felony

1-15 years/$15,000 fine

Narcotic Mixtures (sale)

 

 

Any quantity

Class C felony

1-15 years/$15,000 fine

Any quantity to a person

under 21 years of age

Class B felony

1-25 years/$30,000 fine

Cocaine (possession)

 

 

Up to 1 mg.

Class A misdemeanor

6 months/$1,000 fine

LSD (possession)

 

 

Up to 1 mg.

Class D felony

1-3 years/$15,000 fine

1-5 mg.

Class C felony

1-15 years/$15,000 fine

5-25 mg.

Class B felony

1-25/$30,000 fine

25 mg. or more

Class A -II felony

3 years-life/$50,000 fine

LSD (sale)

 

 

Up to 1 mg.

Class D felony

1-3 years/$15,000

1-5 mg.

Class B felony

1-25 years/$30,000 fine

2-25 mg.

Class A-II felony

3 years-life/$50,000

Any amount w/ a prior drug

conviction

Class B felony

1-25 years/$30,000

 

 

California State Applicable Legal Sanctions - Health and Safety Code § 11350-11356.5

Section 3: Health Risks Associated with Substance Abuse

 

Substance

Physical Dependence

Psychological Dependence

Possible Effects

Effects of Overdose

Withdrawal

Heroin

High

High

Euphoria, drowsiness, respiratory depression, constricted pupils, nausea

Slow and shallow breathing, clammy skin, convulsions, coma, possible death

Yawning, loss of appetite, irritability, tremors, panic, cramps, nausea, runny nose, chills and sweating, watery eyes

Morphine

High

High

Codeine

Moderate

Moderate

Methadone

High

High

Other Narcotics: Percodan, Darvon, Talwin, Percocet, Opium, Demerol

High-Low

High-Low

Barbiturates: Amytal,

High-

High-

Slurred

Shallow

Anxiety, insomnia,

Nembutal,

Moderate

Moderate

speech,

respiration,

tremors, delirium,

Phenobarbital,

 

 

disorientation,

clammy skin,

convulsions,

Pentobarbital

 

 

drunken

dilated pupils,

possible death

 

 

 

behavior

weak and

 

Benzodiazepines:

Low

Low

without odor

rapid pulse,

 

Ativan, Diazepam,

 

 

of alcohol

coma,

 

Librium, Xanax,

 

 

 

possible death

 

Valium, Tranxene,

 

 

 

 

 

Versed, Halcion

 

 

 

 

 

Methaqualone

Moderate

Moderate

 

 

 

GHB

 

 

 

 

 

Rohypnol

Other Depressants

 

Moderate

 

Moderate

 

 

 

Cocaine

Possible

High

Increased alertness, increased pulse rate and blood pressure, loss of appetite, euphoria,

Agitation, increased body temperature, hallucinations, convulsions, possible death

Apathy, long periods of sleep, irritability, depression, disorientation

Amphetamine

Possible

High

Methamphetamine

Possible

High

Ritalin

Possible

High

Other Stimulants

Possible

High

excitation, insomnia

 

 

Marijuana

Unknown

Moderate

Euphoria, relaxed inhibitions, increased appetite, disorientation

Fatigue, paranoia, possible psychosis

Occasional reports of insomnia, hyperactivity, decreased appetite

THC, Marinol

Unknown

Moderate

Hashish

Unknown

Moderate

Hashish Oil

Unknown

Moderate

LSD

None

Unknown

Illusions and hallucinations, altered perception of time and distance

Longer, more intense “trip” episodes, psychosis, possible death

Unknown

Mescaline and Peyote

None

Unknown

Psilocybin mushrooms

None

Unknown

Ecstasy (MDMA)

Unknown

Unknown

Phencyclidine (PCP)

Unknown

High

Ketamine

Unknown

Unknown

Other Hallucinogens

None

Unknown

Testosterone

Unknown

Unknown

Virilization, testicular atrophy, acne, edema, gynecomastia, aggressive behavior

Unknown

Possible depression

 

 

 

Section 4: Available Drug and Alcohol Counseling

 

The University has also established a referral resource for those employees or students who wish to avail themselves to 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 he or she is 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.15

 

Student Specific:

To arrange for counseling, treatment, or rehabilitation programs, an individual needs to contact the Intercommunity Counseling Center at (562) 698-1272 or by calling their 24/7 emergency line at (562) 204-4180 or by visiting their website at iccwhittier.org. The University contracts with the Intercommunity Counseling Center for mental health and counseling needs and as such, counseling services are confidential to the extent permitted by law.

ICC provides individuals struggling with addiction to drugs and/or alcohol with individual therapy. Under traditional circumstances, the University covers the cost of the initial assessment by ICC if requested by the student. All additional services are at a cost of between

$50-$135 and need to be paid either by the student’s individual insurance or out-of-pocket.

If, in the opinion of ICC, in patient care is needed, the individual may be referred out to an appropriate facility. Any subsequent costs are payable exclusively by the student’s insurance or out-of-pocket.

Depending on the nature of disclosure or the treatment, re-entry to the program may be assessed by the Vice President for Enrollment Services and Student Affairs as well as the Executive Director of Student Affairs. Consequently, conditions may be applied to individuals that are granted re-entry to their respective program of study.

 

Employee Specific:

To inform employees about important provisions of this policy, ADP TotalSource has established a drug-free awareness program. The program provides information on the dangers and effects of substance abuse in the workplace, resources available to employees, and consequences for violations of this policy.

Employees with questions or concerns about substance dependency or abuse are encouraged to use the resources of the Employee Assistance Program (EAP) by calling (888) 231-7015. They may also wish to discuss these matters with their supervisor at SCUHS or the ADP TotalSource Employee Service Center at 800-554-1802 to receive assistance or referrals to appropriate resources in the community.

Employees with drug or alcohol problems that have not resulted in, and are not the immediate subject of, disciplinary action may request approval to take unpaid time off to participate in a rehabilitation or treatment program. Leave may be granted if the employee agrees to abstain from use of the problem substance; abides by all SCUHS policies, rules, and prohibitions relating to conduct in the workplace; and if granting the leave will not cause SCUHS any undue hardship.

Employees with questions on this policy or issues related to drug or alcohol use in the workplace should raise their concerns with their supervisor at SCUHS or the ADP TotalSource Employee Service Center at 800-554-1802 without fear of reprisal. 16

 

Both the Employee Assistance Program (EAP) and Employee Service Center can provide additional information concerning how the program works; however, the general guidelines are as followed:

  • Following the receipt of a confirmed positive drug or alcohol test result, employees are placed on suspension. Your continued employment will be conditioned on your agreeing to be evaluated by the EAP and if determined to be necessary by the EAP to participate in a counseling, treatment, or rehab program.
  • The EAP professional will make the determination regarding your qualification for return-to-duty, and both the frequency and duration of follow-up drug and alcohol testing.
    • You must sign and return the Last Chance Agreement along with EAP referral forms (more information provided by EAP) within five business days to the University
    • The forms must be faxed to EAP/Life Solutions @ 800-370-1116. The forms must also be send to your ADP DFWP program administrator.
    • The University must contact the EAP at 888-231-7015
    • You will then contact EAP and be sent for an appointment with one of the counselors.
    • ADP TotalSource employees have 3 FREE counseling sessions per year through the EAP.
    • Additional care beyond the EAP is not paid by the EAP, but through your insurance carrier or out of pocket
    • You must complete the contingency requirements, submitting verification to the EAP substance abuse program
    • You must have a negative drug and/or alcohol test result before a qualification to return-to-duty will be issued by the EAP.
    • You may be subject to discipline up and including discharge if all recommended treatment, counseling, and education are not completed.
    • You may be required to participate in unannounced follow-up testing.
    • If you test positive on any subsequent test, you will be subject to termination.

 

Confidentiality:

Information related to the services you obtain under the above mentioned program will be maintained confidentiality and will only be shared under the following circumstances: (1) You have provided written consent for the disclosure, (2) There is reasonable concern that you are a threat to the life or safety of yourself or others, and/or (3) If disclosure is required by law.

 

Section 5: Applicable disciplinary sanctions

As mentioned in Section 1, any violation of the policies and procedures put forth in this document will result in immediate disciplinary action, up to and including discharge or expulsion.

 

Section 6: Biennial review

On at least a biennial basis (every two years), the Vice-President for Enrollment Management & Student Services, the Executive Director of Student Affairs, the Vice President for Administration & Finance, and the Executive Director of Auxiliary Operations & Physical Plant will review the policies and procedures covered herein to determine their efficiency when compared against drug and alcohol issues affecting the University. The Vice-President for Enrollment Management & Student Services is charged with scheduling and conducting the review. Any of the above mentioned University officials may request that a review of the Drug and Alcohol Policy be reviewed sooner or on an ad hoc basis. These reviews will be formal and documented. In the event that any given review results in an augmentation or amendment to the Policy, University constituents will be made aware of the change and provided a copy of the updated document within 14 days of revision.