Summit XVI Code of Conduct

Adapted from Santa Clara University

Participation in the NorCal UVSA’s programs is subject to the observance of the organization’s rules and procedures. The activities outlined below are strictly prohibited. Any participant or staff member who violates this Code is subject to discipline, up to and including removal from the program and organization.

• Abusive language towards a staff member, volunteer or another participant. 
• Unauthorized possession or use of alcoholic beverages on NorCal UVSA’s property or at NorCal UVSA’s events
• Reporting to a project or program while under the influence of alcohol
• Possession or use of illegal drugs on NorCal UVSA’s property or at NorCal UVSA’s events
• Reporting to a project or program while under the influence of drugs
• Bringing onto NorCal UVSA’s property or to NorCal UVSA’s events dangerous or unauthorized materials such as explosives, firearms, weapons or other similar items
• Discourtesy or rudeness to a fellow participant, staff member or volunteer
• Verbal, physical or visual harassment of another participant, staff member or volunteer
• Actual or threatened violence toward any individual or group
• Conduct endangering the life, safety, health or well-being of others
• Failure to follow any UVSA policy or procedure
• Bullying or taking unfair advantage of any participant
• Failing to cooperate with a supervisor/leader/mentor

If you believe that an individual or group have violated the terms of this Code, please provide a written complaint to an officer as soon as possible after the incident.

Every NorCal UVSA Summit XVI participant has a right to:

• Learn in safe and brave spaces and places
• Be treated with respect

Professional Conduct: You will be expected to maintain a professional code of conduct while taking part in activities on behalf of the organization. 

• You will treat every individual with respect at all times, regardless of their race, color, national origin, ancestry, religion, disability, medical condition, sex, gender identity, or sexual orientation.
• You will not misuse or steal program equipment.
• You will not mistreat or vandalize any and all program venues, including lodging spaces. 
• You will not falsify program documents and records.
• Participation in illegal activities or felony convictions at the time of participation may be a cause for removal. 

Staff, Attendee, and Affiliate Interaction: You will maintain a professional demeanor when interacting and working as part of NorCal UVSA.

• You will not hold inappropriate conversations while representing the program or conducting program activities.
• You will not take part in inappropriate activities while representing the program or conducting program activities.
• You will adhere to and abide by program and University Sexual Harassment policies.

Dress: You will dress in an appropriate manner in accordance with specific program activities.

• You will not wear inappropriate clothing while representing the program or conducting program activities (i.e. clothing with inappropriate language and symbols and/or clothing that is considered unprofessional by most reasonable standards).

NorCal UVSA is committed to creating and maintaining a community in which all persons who participate in our programs and activities can work together in an atmosphere that is free from all forms of harassment, exploitation, or, intimidation, including sexual harassment and bullying. 

SCU Definition of Discrimination*:

Discrimination can take two primary forms: disparate treatment discrimination and disparate impact discrimination.

• Disparate Treatment Discrimination: Disparate treatment discrimination is a distinction, preference, or detriment to an individual as compared to others that is based on an individual’s protected characteristic(s) and that (1) excludes an individual from participation in; (2) denies the individual benefits of; (3) treats the individual differently in; or (4) otherwise adversely affects a term, condition, or benefit of an individual’s employment, education, living environment, or participation in a University program or activity.
• Disparate Impact Discrimination: Disparate impact discrimination occurs when there is sufficient evidence that policies or practices that are neutral on their face disproportionately exclude or adversely impact persons within a protected class, where the policies or practices are not: (1) job-related and consistent with business necessity (for employees); or (2) necessary to meet an important educational goal (for students). In determining whether a facially-neutral policy or practice has a disparate impact on a protected class, the University will consider whether there are alternative policies or practices that would meet the  job requirements, business necessities, and/or education goals without resulting in disparate impact. 

SCU Definition of Sexual Harassment*:

Sex-based harassment is a form of sex-based discrimination and means sexual harassment and other harassment on the basis of sex, sexual orientation, sex stereotypes, sex characteristics, gender identity, gender expression, or pregnancy or related conditions, that is:

• Quid pro quo harassment: Quid pro quo harassment refers to a situation in which an employee, agent, or other person authorized by the University provides an aid, benefit, or service under the University’s education program or activity explicitly or impliedly conditioning the provision of such an aid, benefit, or service on a person’s participation in unwelcome sexual conduct;
• Hostile environment harassment: Hostile environment harassment is unwelcome conduct that, when viewed from both a subjective and objective perspective, is sufficiently severe, persistent, or pervasive that it unreasonably interferes with, limits, or effectively denies an individual’s ability to participate in or benefit from the University’s educational program or activity; employment access, benefits or opportunities; or other University programs or activities.

Unwelcome conduct may include verbal, physical, written, electronic, visual or other conduct. Examples of unwelcome sex-based conduct include, but are not limited to, sexual advances, requests for sexual favors, offering employment benefits or giving preferential treatment in exchange for sexual favors, indecent exposure, being forced to engage in unwanted sexual contact as a condition of membership in a student organization or in exchange for a raise or promotion, being subjected to video exploitation or a campaign of sexually explicit graffiti, or frequently being exposed to unwanted images of a sexual nature in a work environment or in a classroom where the images are unrelated to the coursework. Claiming that the conduct was not motivated by sexual desire is not a defense to a complaint of Sex-Based Harassment.

SCU Definition of Consent*:

Affirmative consent means affirmative, conscious, and voluntary agreement to engage in sexual activity. Since individuals may experience the same interaction in different ways, it is the responsibility of each party to determine that the other has consented before engaging in the activity.

For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct. Reasonable reciprocation can be implied. For example, if someone kisses you, you can kiss them back (if you want to) without the need to explicitly obtain their consent to being kissed back.

Consent can also be withdrawn once given, as long as the withdrawal is reasonably and clearly communicated. If consent is withdrawn, that sexual activity should cease. Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). A current or previous intimate relationship is not sufficient to constitute consent.

Consent is based on the totality of the circumstances evaluated from the perspective of a reasonable person in the same or similar circumstances, including the context in which the alleged incident occurred and any similar previous patterns that may be evidenced. The question of whether the responding party should have known of the reporting party's incapacity is an objective inquiry as to what a reasonable person, exercising sober judgment, would have known, in the same or similar circumstances.

Consent is not voluntary if forced or coerced. Force is the use of physical violence or physical imposition to gain sexual access. Force also includes threats, intimidation (implied threats), and coercion that is intended to overcome resistance or produce consent Coercion is unreasonable pressure for sexual activity. Sexual activity that is forced is, by definition, non-consensual, but non-consensual sexual activity is not necessarily forced. Silence or the absence of resistance alone is not consent. Consent is not demonstrated by the absence of resistance. While resistance is not required or necessary, it is a clear demonstration of non-consent.

A person cannot consent if they are unable to understand what is happening, asleep, or unconscious for any reason. A person violates this policy if they engage in sexual activity with someone they know to be, or should know to be, physically or mentally incapacitated. This policy also covers a person whose incapacity results from a temporary or permanent physical or mental health condition, involuntary physical restraint, or the consumption of incapacitating drug or alcohol. Incapacitation occurs when someone cannot make rational, reasonable decisions because they lack the capacity to give knowing/informed consent (e.g. to understand the "who, what, when, where, why, or how" of their sexual interaction).

Incapacitation is determined through consideration of all relevant indicators of an individual's state and is not synonymous with (under the) influence, impairment, intoxication, inebriation, blackout, or being drunk. It is not an excuse that the responding party was intoxicated and, therefore, did not realize the incapacity of the reporting party.

NorCal UVSA’s Obligation

NorCal UVSA is obligated to make sure the resolution is prompt and effective. It is the Executive Board’s responsibility to determine the best options for addressing all complaints.

Please be aware that the NorCal UVSA Executive Board has an obligation to respond to reports of bullying and harassment even if the individual making the report requests that no action be taken. An individual's requests regarding the confidentiality of reports of harassment will be considered in determining the appropriate response. These requests are considered in the dual contexts of NorCal UVSA’s obligation to ensure a working and learning environment free from bullying and harassment, and that, which governs the rights of all the parties to the reported incident. Some level of disclosure may be necessary to ensure a complete and fair investigation, but NorCal UVSA will comply with requests for confidentiality per the survivor’s requests. Information on the reported incident and its resolution is shared on a strictly need-to-know basis.

If you witness or are told about an incident of unwelcome behavior involving others, you should:

1. Contact the NorCal UVSA Executive Board as soon as you are aware of the unwelcome behavior.
2. The NorCal UVSA Executive Board will determine the appropriate next steps.

I have read, understand and will adhere to the stated Code of Conduct. I am also aware that a violation of the stated codes of conduct may result in removal from the event. 

Reference

*taken from Santa Clara University Policy Handbook https://www.scu.edu/bulletin/undergraduate/EqualOpportunityNondiscriminationandSexualHarassmentPolicies.html, https://www.scu.edu/title-ix/policy/