FREQUENTLY ASKED QUESTIONS (FAQs)

Both EthicsPoint and the OSL Bias Report are perfectly acceptable ways to report incidents of bias. The main difference between the two is that EthicsPoint is anonymous method of reporting, while the OSL Bias Report is not anonymous. Whichever way you decide to report a bias incident, the report will be directed to the appropriate office. Please note that if you decide to use EthicsPoint and remain anonymous, there may be some limitations in the ways the report will be handled.

If you are unsure about reporting, you are encouraged to have a confidential conversation with a representative of any of the following offices:

• Office for Diversity and Inclusion

• Office for Multicultural Learning

• Office of Equal Opportunity and Title IX

• Office of Student Life

• Wellness Center

• CAPS/Cowell

• Residence Life staff

• Other trusted faculty/staff member

If you are unsure about submitting a report, you are encouraged to reach out to an Administrator and/or trusted faculty/staff member for guidance. The Administrator and/or trusted faculty/staff member will listen to your concerns and encourage you to submit via EthicsPoint or OSL Bias Incident Reporting.

If you are hesitant about submitting a formal report, the Administrator/Faculty/Staff member would reach out to the Office of Equal Opportunity and Title IX, the Office of Student Life, and/or the Provost Office to get guidance – the ultimate goal is to provide support.

Bias incidents can happen both in-person and also through the virtual space. We define the virtual space as happening not in-person but through a technology platform such as Zoom or social media.

If you experience a bias incident through the virtual space, you are strongly encouraged to report the incident through the established protocol and procedures. If you are in doubt about a particular situation, please go to the Examples of Bias Scenarios or email any of the following offices:  osl@scu.edu, odi@scu.edu or titleixadmin@scu.edu 

• Bias Report is received and sent to the Office of Student Life and the Office of Equal Opportunity & Title IX. Depending on who is involved with the bias incident, the process may vary.

• Communication and Confirmation of the report is sent to the reporting party within 24 hours of receiving the report. If the report is submitted on the weekend of during a university holiday, communication and confirmation may not come to the reporting party until the next business day.

• A meeting will be held with the reporting party within 24 hours of receiving the report. If the report is submitted on the weekend of during a university holiday, communication and confirmation may not come to the reporting party until the next business day.

• Depending on the level of severity of the reported bias incident and visibility of the bias incident, a general communication may be sent within 24 hours of the bias report to the larger SCU community or an impacted group of the bias incident. If the report is submitted on the weekend of during a university holiday, communication and confirmation may not come to the reporting party until the next business day.

• Within 48 hours of the report, the receiving office will attempt to meet with any witnesses to the bias incident as well as to review any evidence of the bias incident.

• Once the person suspected of generating the bias incident is identified, a meeting will be held that person to determine if there is enough information to recommend potential next steps. This is typically done within 72 hours of the incident. It is important to understand that the next steps may vary for students, faculty and staff. 

• The goal is to ensure a fair and timely process in handling bias incidents, knowing that the nature of the situation may affect the duration of the investigation. Because there are typically numerous meetings involved in the investigation, it may take longer because of conflicting schedules. 

If you submitted a OSL bias report but never received any confirmation, please contact the Office of Student Life by email at osl@scu.edu, telephone at (408) 554-4583, or by stopping by the office located in Benson 205 on the second floor.

If you submitted an EthicsPoint report but never received a formal confirmation that it was received by the University, please contact John Ottoboni, Chief Operating Officer and Senior General Counsel by email at jottoboni@scu.edu, or telephone at  408.554.5355

Not all reported incidents of bias will be communicated broadly. If the reported bias incident is visible to the public and is directed to a broad group of individuals, then communication will be sent out broadly.  If the bias incident is limited in scope such that it isn’t visible to the public or it is directed to an individual or small group of individuals, then a broad communication to the campus will most likely not be sent. This is in accordance with FERPA (Family Educational Rights and Privacy Act), a federal law that protects the privacy of student records.

If broad communication is sent out, options could include: a campus wide email about the bias incident, quarterly reporting of bias incidents from the university, or open forums.  While the university strives to be timely in its communication efforts, it may take 1 - 3 days to communicate bias incidents to the greater campus community depending on the level of severity of the bias incident.

The Family Educational Rights and Privacy Act of 1974 protects the confidentiality of student records. FERPA governs (1) the release of educational records maintained by the university and (2) access to these records.  In order for Santa Clara University to comply with FERPA regulations, the university must:

• protect students' rights to inspect and review their educational records
• protect students' rights to request to amend their educational records
• protect students' rights to limit disclosure of personally identifiable information contained in education records
• ensure that third parties do not redisclose personally identifiable information

Due to FERPA, you do not have a right to know what happened to individuals reported for Bias Incidents.

FERPA (The Family Educational Rights and Privacy Act of 1974) only applies to students. When it comes to faculty and staff employees, decisions made in regards to employment and disciplinary action are confidential. The involved faculty and staff members may choose to disclose their personal information but the University will not violate the confidentiality. 

The University takes seriously all reported incidents of bias, and will respond to all reports of bias.

While the severity of the bias incident does not affect the type of response from the University, the level of severity of the bias incident may dictate different types of responses from the University.

IF A STUDENT:

After a bias investigation is completed, a determination will be made whether to pursue the matter through the Student Conduct system. If an individual is determined to be responsible for violating the Student Code of Conduct as it related to bias incidents, there are multiple outcomes that the person may face. Please refer to pages 96 - 98. 

IF A STAFF MEMBER:

After a bias investigation is completed, a determination will be made whether to pursue the matter through Title IX/EO. If an individual is determined to be responsible for violating the Staff Policy Manual and other Human Resource policies as it related to bias incidents, there are multiple outcomes that the individual may face.

IF A FACULTY MEMBER:

After a bias investigation is completed, a determination will be made whether to pursue the matter through Title IX/EO and the Provost Office. If an individual is determined to be responsible for violating the Faculty Handbook and other Human Resource policies as it related to bias incidents, there are multiple outcomes that the individual may face.

You are always encouraged to report a bias incident, regardless of your participation level. You are encouraged to consider, “what is the right thing for me to do?”

Currently, the University does not have an amnesty policy related to bias incidents; however, it is important to note SCU places the greatest care on the safety and well-being of our community.

While policy violations may be discussed in the review of the bias incident, this is done in alignment with our practice of Cura Personalis and to ensure we are fostering the development of the whole person. 

You are always welcome to report any incident of bias. The University will address bias incidents that occur on campus or at a university-sponsored event/activity. The University will also address bias incidents that occur between two or more Santa Clara University community members. If neither of these factors are present, the University does not have the authority to address the situation or the University may provide recommendations to whom to report the incident.

No one is ever mandated to report incidents of bias, but everyone is highly encouraged to report. The decision is left to you whether you want to report.  If you choose to report, it is recommended that you first ask the person who experienced bias or tell them of your intentions to report so they are aware. Reporting allows for the University to appropriately respond to the situation. Reporting also provides the University with a record and history of bias incidents that have occurred related to Santa Clara University.

While no one is required to report a bias incident, in order for the university to respond effectively, we recommend that you alert someone if you witness a bias situation.

We understand that when a bias incident is occurring, you may be overwhelmed with what is happening and/or may need time to process what you witnessed. If you are able, we encourage you to reach out to the victim of the incident to make sure they are okay and ask if they need assistance.

You are encouraged to make a report:

• SCU Online Report: www.scu.edu/osl/report
  • Select the “Bias Incident” reporting option.
• EthicsPoint: www.ethicspoint.com
  • EthicsPoint is an anonymous and confidential online incident reporting tool. EthicsPoint is available to report activities that may involve criminal, unethical, or otherwise inappropriate behavior in violation of the University's policies. A reporting party may choose to remain anonymous; hoiwever, the reporting party is encouraged to indicate if they are a faculty/staff member, student or non-affiliate for the purpose of tracking incidents.

You can also seek support by contacting the following offices:

• Office for Diversity and Inclusion 
• Office for Multicultural Learning
• Office of Equal Opportunity and Title IX 
• Office of Student Life
• Wellness Center
• Trusted faculty/staff member

Generally, at SCU, bias incidents is an act -- verbal, written or physical -- characterized by some expression of bias towards an individual or against a particular group motivated in whole or in part by a person or group’s actual or perceived race, color, national origin, ancestry, sex, sexual orientation, age, religious creed, physical, or mental disability, medical condition, as defined by California law, marital status, citizenship status, gender identity, gender expression, genetic information, military or veteran status, or other status protected by law, and which has the purpose or effect of unreasonably and substantially interfering with an individual’s or group’s safety or security, or which creates an intimidating, hostile, and objectively offensive educational, living or working environment. Bias related conduct in violation of the Student Conduct Code on the basis of actual or perceived religious faith and political affiliation/orientation is also prohibited.

Acts of bias affect all members of the University community, which includes students (both undergraduate and graduate), faculty, staff, and administration. This also includes alumni, contractors and visitors to the University.  

If you are the impacted party of a bias incident or witness a bias incident against someone else, you are strongly encouraged to seek support and report it.

As a campus community, we are committed to addressing any bias or hate-motivated incident that arises. When incidents go unaddressed, SCU is unable to denounce the act, involve others in supporting the target, investigation, provide accurate information and dispel misinformation, seek justice, and promote healing.

The bias incident can be reported in any of the following ways and at any time. Regardless of which reporting option you select, your report will be fully reviewed to determine next steps:

• SCU Online Report: www.scu.edu/osl/report
• Select the “Bias Incident” reporting option.

• EthicsPoint: www.ethicspoint.com
• EthicsPoint is an anonymous and confidential online incident reporting tool. EthicsPoint is available to report activities that may involve criminal, unethical, or otherwise inappropriate behavior in violation of the University's policies. A reporting party may choose to remain anonymous; hoiwever, the reporting party is encouraged to indicate if they are a faculty/staff member, student or non-affiliate for the purpose of tracking incidents.

• Contact the Office of Student Life between 8 AM to 5 PM at (408) 554-4583, located in the Benson Memorial Center, #205
• Ask to speak with a member of the Dean’s staff about reporting a bias incident.

• If life-threatening emergency/immediate danger, dial 9-1-1 or contact Campus Safety at (408) 554-4444, 24-hours a day
• Any Campus Safety officer can take a report and will forward the information to the Office of Student Life.

• If the bias incident occurs within one of the Residence Halls on campus, contact a member of the Residence Life staff. 

• If you are unsure about reporting, you are encouraged to have a conversation with a representative of any of the following offices:
• Office for Diversity and Inclusion 
• Office for Multicultural Learning
• Office of Equal Opportunity and Title IX 
• Wellness Center
• Trusted faculty/staff member

The University will Support, Respond, Consult, and Communicate.

SUPPORT

• Intake conversation(s) centering impacted person(s)
• Assess and determine the need for support or protective measures
• Determine if there continues to be a threat to parties involved and provide appropriate support
• Outreach to support others impacted
• Refer (as needed) to on- and off-campus resources for response
• Ongoing support & check-ins

RESPOND

• An investigation of the bias report may ordinarily begin within 24 hours of a report being received. If the report is received during the weekend, an investigation of the bias report may begin by the close of the following business day
• If evidence of the bias related situation is something visible, it will then be determined what appropriate actions need to be taken (take down, remove it by submitting a work order, etc.)
• All bias incident reports will be handled with privacy and discretion. Any personal information obtained during the response process will be subject to disclosure only to the extent required by law, or as required for the University to respond appropriately

 CONSULT

• University representatives involved will review the incident to gauge impact on the broader SCU community and determine additional follow up plans, should they be necessary
• Consultation is expected with community stakeholders about gauging impact, sharing information and proposing community-specific plans.
• If the incident targets a specific historically underrepresented and/or marginalized group (any group based on race, gender, sexual orientation, gender identity, religious affiliation, citizenship status, etc.), a student leader on record will be consulted and copied on the email sent to the community
• As appropriately determined, a university representative will send email communication to impacted communities within the next 24 business hours after the incident is reported AND the situation is investigated

 COMMUNICATE

• Communication includes sharing:
• Known facts of what occurred that the impacted party is comfortable sharing or as required by law
• A reminder to the SCU community about community expectations moving forward
• Support resources for fellow SCU community members who may be impacted by the incident
• Next steps that will be taken regarding the matter, including: updates on support for the impacted party, notifications to the alleged offending party, etc.
• All parties directly involved with the incident will receive communication within 24 to 48 hours. Additional communication will depend on the incident’s level of community impact
• Should any SCU community member(s) know anything about the incident, they should report it by contacting the Office of Student Life and/or file a Bias Report ASAP

Once the report is submitted and depending on the nature of the situation and who is affected and involved in the situation, a number of University offices may be involved in the investigative process. These offices may include the Office of Equal Opportunity and Title IX, the Office of Student Life, Provost Office and Human Resources.

While the investigative process may vary depending on the situation, at a minimum, the following takes place:

• Submitted Report is reviewed

• Individual that submits the report is contacted by the assigned investigator to gather details as well to determine what additional support or protective measures the individual(s) may need during this time.

• Investigator will contact and interview individual(s) involved in the incident to learn more

• Evidence (photos, videos, written messages, etc.) is preserved, collected and reviewed

• Depending on the outcome of investigation,the next steps may vary and could include a possible range of options
• If the act(s) alleged in the report is deemed to be a potential violation of the University Student Conduct Code, all relevant information will be shared with the Office of Student Life for processing through the University’s disciplinary system.
• If the act(s) alleged in the report is deemed to be a potential violation of the University’s Policy on Discrimination, Harassment and Sexual Misconduct all relevant information will be shared with the Director of Equal Opportunity and Title IX Coordinator for processing pursuant to that Policy.
• If information in the report indicates a faculty and/or staff member may have violated a University policy, all relevant information will be shared with the Provost’s Office or Human Resources.

• If a person is found responsible for violating University policy, they will be held accountable through the university student or employee conduct process. 

While the formal process ends with the conclusion of the investigation, the University understands that the nature of any bias incident has long term effects both on the individuals and/or groups that were impacted and the larger University community. This may require focused outreach and educational efforts to the impacted individuals/groups and the larger campus community to reaffirm the University’s commitment. The University is cognizant that bias incidents become part of the institutional memory and that it must learn from these incidents.

The University understands that those not directly involved in the incident will want to know specific details on the findings and outcome. It is important to understand that the process is designed to protect the individuals that submit reports as well as to ensure that any disciplinary action is kept confidential. You can learn more about the potential range of options that are available in such situations by reviewing the Frequently Asked Questions.

California law defines a hate crime as a criminal act or credible threat of violence against a person or group of individuals because of their actual or perceived race, color, religion, ancestry, national origin, sexual orientation, gender, or disability, and that is intended to induce fear, scare, terrify or cause psychological harm. Criminal acts of hatred can leave lasting emotional impressions upon their victims as well as entire communities. Bias incidents are sometimes considered to be hate crimes, but not always. Incidents of hate or bias may investigated whether or not a crime has been committed.