Policies and Practices
Equal Opportunity
The University of San Diego is dedicated to advancing academic excellence and creating a diverse and inclusive community. As an institution with a Catholic identity, the university is committed to creating and maintaining a work and educational environment that recognizes the dignity of each university community member.
The university is an equal opportunity educational institution. All student-related programs and services, including but not limited to admissions, financial aid, academic programs, housing, athletics and other extracurricular activities, will be administered without regard to the student’s or applicant’s race, color, religion, national origin, sex, sexual orientation, age, physical disability, mental disability, or other characteristic protected by federal or state law. Reasonable accommodations will be made for qualified individuals with disabilities in all such programs and services, unless the accommodation would create an undue hardship for the university.
Similarly, the university is an equal opportunity employer. All employment-related decisions, including but not limited to decisions relating to recruitment, hiring, promotion, transfers, benefits and any other terms and conditions of employment, will be made without regard to the employee’s or applicant’s race, color, religion, national origin, gender identity, sex, sexual orientation, marital status, pregnancy, age, physical disability, mental disability, medical condition, covered veteran status, or other characteristic protected by federal or state law, unless a particular characteristic is a bona fide requirement of the position. Reasonable accommodations will be made for qualified individuals with disabilities, unless the accommodation would create an undue hardship for the university.
The university may take affirmative steps in a manner consistent with applicable law to advance its mission and to promote equal opportunities for its students, faculty, staff and applicants. The university does not by this equal opportunity statement disclaim any right it might otherwise lawfully have to maintain its commitment to its Catholic identity or the teachings of the Catholic Church.
Student inquiries regarding the university’s equal opportunity policy should be directed to the Vice President for Student Affairs at (619) 260-4590. Employee inquiries regarding the university’s equal opportunity policy should be directed to the Associate Vice President for Human Resources at (619) 260-4594.
Policy Prohibiting Discrimination and Harassment
The University of San Diego is committed to upholding standards that promote respect and human dignity in an environment that fosters academic excellence and professionalism. It is the policy of the university to maintain an educational and work environment free from all forms of unlawful discrimination and harassment.
To that end, the university prohibits and does not tolerate unlawful discrimination against or harassment of its employees, students or applicants for employment or admission on the basis of race, color, religion, national origin, sex, sexual orientation, age, physical disability, mental disability, or other characteristic protected by federal or state law, unless a particular characteristic is a bona fide requirement of the position.
All members of the university community are expected to uphold this policy. Engaging in unlawful discrimination or harassment will result in appropriate disciplinary action, up to and including dismissal from the university.
Definitions
Discrimination
Unlawful discrimination may occur when an individual is treated less favorably with respect to the terms and conditions of employment or education, or with respect to the individual’s receipt of employment or educational benefits, because of his or her membership in a protected class. Accordingly, all employment-related decisions, including but not limited to decisions relating to recruitment, hiring, promotion, transfers, benefits and any other terms and conditions of employment, will be made without regard to the employee’s or applicant’s race, color, religion, national origin, gender identity, sex, sexual orientation, marital status, pregnancy, age, physical disability, mental disability, medical condition, covered veteran status, or other characteristic protected by federal or state law. Similarly, all education-related programs and activities, including but not limited to admissions, financial aid, academic programs, research, housing, athletics, and other extracurricular activities, will be administered without regard to the student’s or applicant’s race, color, religion, national origin, sex, sexual orientation, age, physical disability, mental disability, or other characteristic protected by federal or state law.
The university does not by this non-discrimination statement disclaim any right it might otherwise lawfully have to maintain its commitment to its Catholic identity or the teachings of the Catholic Church.
Harassment
Harassment includes verbal, physical or visual conduct when the conduct creates an intimidating, offensive or hostile working or educational environment, or unreasonably interferes with job or academic performance. Verbal harassment may include but is not limited to epithets, derogatory comments or slurs based upon one of the individual’s characteristics noted above. Physical harassment may include but is not limited to assault, impeding or blocking movement, or any physical interference with normal work or movement, when directed at an individual because of the individual’s protected characteristic. Visual forms of harassment may include but are not limited to derogatory posters, cartoons or drawings based on an individual’s protected characteristic.
In addition, sexual harassment includes any request or demand for sexual favors that is implicitly or expressly a condition of employment, continued employment, receipt of an employment benefit, admission to the university, participation in educational programs or activities, or evaluation of academic performance. Examples of conduct that could give rise to sexual harassment, include but are not limited to: sexual advances or suggestions; unwelcome sexually-oriented remarks; dirty jokes; the display or distribution of offensive photographs, e-mails, posters or cartoons; and any unwelcome, intentional touching of the intimate areas of another person’s body.
Complaint Procedure
The university encourages any person who feels that he or she has been unlawfully discriminated against or harassed, or observes or is otherwise aware of an incident of unlawful discrimination or harassment, to report the incident promptly. To assist in the investigation, the university requests that a complaint be made in writing with a detailed description of the facts giving rise to the complaint, the names of any individuals involved, including any witnesses, and copies of any documents that support or relate to the complaint. Although the university requests the submission of a written complaint, an oral complaint is sufficient to initiate the procedures set forth under this policy.
Complaints should be made to any of the following people who are the university’s designated officers for handling the complaints and implementing the university’s policy against unlawful discrimination and harassment:
1. Complaints Against Administrators or Staff: Associate Vice President for Human Resources
Maher Hall, Room 101
5998 Alcalá Park
San Diego, CA 92110
(619) 260-4594
2. Complaints Against Students: Vice President for Student Affairs
Hahn University Center, Room 232
5998 Alcalá Park
San Diego, CA 92110
(619) 260-4590
Dean of Students
Hahn University Center, Room 232
5998 Alcalá Park
San Diego, CA 92110
(619) 260-4590
3. Complaints Against Faculty: Vice President for Academic Affairs and Provost
Hughes Administration Center, Room 328
5998 Alcalá Park
San Diego, CA 92110
(619) 260-4553
Dean, College of Arts and Sciences
Founders Hall, Room 114
5998 Alcalá Park
San Diego, CA 92110
(619) 260-4545
Dean, School of Business Administration
Olin Hall, Room 341
5998 Alcalá Park
San Diego, CA 92110
(619) 260-4886
Dean, School of Leadership and Education Sciences
School of Leadership and Education Sciences, Room 205
5998 Alcalá Park
San Diego, CA 92110
(619) 260-4540
Dean, School of Law
Warren Hall, Room 200
5998 Alcalá Park
San Diego, CA 92110
(619) 260-4527
Dean, Hahn School of Nursing and Health Science
Hahn School of Nursing, Room 207
5998 Alcalá Park
San Diego, CA 92110
(619) 260-4550
If for any reason the person making the complaint does not feel comfortable directly reporting the incident to the appropriate individual identified above, the complaint may be reported through alternative channels. In the case of a complaint by a university employee, the complaint may be made to the employee’s supervisor, manager, the human resources department, a dean, a vice president, or the president.
If the complaint involves the employee’s supervisor, the employee is not required to report the complaint to the supervisor. In the case of a complaint by a student, the complaint may be made to a dean, the vice president and provost, or the president.
A supervisor or manager who receives a complaint of unlawful discrimination or harassment, or observes or is otherwise aware of an incident of unlawful discrimination or harassment, shall promptly inform the appropriate university’s designated officer, as set forth above.
Investigation and Corrective Action
The university will investigate every reported complaint
of unlawful discrimination or harassment. The investigation will be conducted in a thorough, prompt and professional manner.
If the conclusion of the investigation is that unlawful discrimination or harassment occurred, the university will initiate corrective action, as appropriate under the circumstances. For employees, the corrective action may range from verbal warnings up to and including termination from employment. For students, the corrective action will be imposed in a manner consistent with the university’s Student Code or other applicable procedures. If the individual found to have engaged in the unlawful discrimination or harassment is not an employee or student of the university, corrective action within the reasonable control of the university, and as appropriate under the circumstances, will be initiated.
If termination of a faculty member is contemplated, the applicable rules governing dismissal for serious cause will be followed.
The employee or student who raised the complaint will be advised of the results of the investigation, unless doing so is prohibited by FERPA or other applicable law. Similarly, an employee or student who is accused of the unlawful discrimination or harassment will be advised of the results of the investigation.
Retaliation Prohibited
The university prohibits and does not tolerate retaliation against any individual who in good faith files a complaint of unlawful discrimination or harassment or is involved as a witness or participant in the complaint or investigation process. Engaging in unlawful retaliation can result in disciplinary action, up to and including dismissal from the university.
The university encourages any individual who believes he or she has been subject to unlawful retaliation, or observes or is otherwise aware of an incident of unlawful retaliation in violation of this policy, to report the incident promptly pursuant to the complaint procedure identified above. The investigation and corrective action procedures set forth above will similarly apply in the case of a complaint of unlawful retaliation in violation of this policy.
Right to Appeal
An employee or student who is found to have engaged in unlawful discrimination, harassment or retaliation in violation of this policy shall have the right to appeal the decision. If a vice president was the university’s designated officer responsible for handling the complaint, the appeal must be made to the president or the president’s designee. If someone other than a vice president was the university’s designated officer responsible for handling the complaint, the appeal must be made to the vice president to whom that designated officer reports. Similarly, a complainant may appeal a decision that no unlawful discrimination, harassment or retaliation occurred. The appeal may address the decision of whether unlawful discrimination, harassment or retaliation occurred, and it also may address the corrective action imposed.
The appeal must be submitted in writing within 10 working days after written notification of the results of the investigation. The appeal should describe with specificity why the finding of unlawful discrimination, harassment, retaliation or corrective action imposed was not reasonably based upon the evidence and information made available to the investigator and/or the university official who made the decision regarding the corrective action.
The appeal should be granted only if the president or the vice president who is deciding the appeal concludes that the finding of unlawful discrimination, harassment or retaliation was not reasonably based upon the evidence and information available to the investigator, or that the corrective action imposed was not reasonably based upon the evidence and information available to the university official who made the decision regarding the corrective action.
The president or the vice president who is deciding the appeal will provide the decision to the individual who submitted the appeal within 45 days of receipt of the written appeal. The decision of the president or the vice president who is deciding the appeal is final. During the time of the appeal and review, any corrective action taken as a result of the original complaint may be implemented and enforced.
Hate Crimes
Hate crimes are acts of physical force, threats, or intimidation that are willfully or knowingly committed because of the victim’s actual or perceived race, color, religion, ancestry, national origin, disability, gender, or sexual orientation. Hate crimes are expressed in several ways, sometimes physical violence and sometimes violence against property. Violence against property includes for example: breaking windows of religious institutions; spray painting walls with offensive words and symbols; defacing or burning property. Hate-based behavior includes for example: anonymous phone calls; threatening letters; interruptions of religious services or multicultural events. (California State Penal Code Section 422.6)
A “bias-motivated incident” is an act, such as disseminating racist flyers or defacing a student organization flier, which does not violate the State Penal Code but originates in hatred for someone’s actual or perceived race, color, religion, ancestry, national origin, disability, gender, or sexual orientation.
The university will not tolerate hate crimes or bias-motivated incidents and will respond to them with appropriate sanctions which may include expulsion, suspension, or exclusion from the campus.
Students who experience or witness any form of hate crime on campus should immediately report the incident to the Office of Public Safety which will notify the vice president for student affairs and initiate an investigation.
Family Educational Rights and Privacy Acts
The University of San Diego adheres to and complies with the Family Education Rights and Privacy Act of 1974 (FERPA or the “Buckley Amendment”). FERPA protects the privacy of the education records of students who are or who have been in attendance at the university. FERPA does not apply to the records of an individual who was an unsuccessful applicant for admission to the university, or otherwise was not in attendance at the university.
All members of the university community who have access to student education records are required to comply with this policy. Employees who have access to student education records are required to complete an online tutorial regarding FERPA and its requirements.
The university affords current and former students with the right to inspect and review their education records within 45 days of written request for access. FERPA identifies certain types of records that are not subject to inspection and review by students or otherwise not considered to be education records.
Unless the disclosure is subject to an applicable exception under FERPA, the university will not release personally identifiable, non-directory information derived from a student’s education records or allow access to those records without the prior written consent of the student. Except in the case of direct disclosure to the student, the consent must be written, signed and dated, and must specify the records to be disclosed and the identity of the recipient. Parents and legal guardians do not have the right to view a student’s education records.
The university may release such records with the written consent of the student or if the student is the parent’s or legal guardian’s dependent as defined in the Internal Revenue Code. Parents or legal guardians who wish to obtain access to a dependent student’s education records will be required to file a form annually with the Office of the Registrar requesting release of the records.
The university notifies students annually of their rights under FERPA. The annual notice also specifies the categories of information that are designated by the university as directory information. The university will allow a reasonable period of time after the annual notice is provided for the student to inform the university in writing that information designated as directory information should not be released without the student’s prior written consent. Directory information may appear in public documents and may otherwise be disclosed without the student’s consent unless the student objects as described above.
A student who believes that information contained in his or her education records is inaccurate, misleading or otherwise in violation of his or her privacy rights may submit a written request to the Office of the Registrar or other appropriate office, specifying the document(s) being challenged and the basis for the complaint. Within a reasonable period of time following receipt of the written request, the appropriate office will decide whether to amend the records in accordance with the request. If the decision is to refuse to amend the records, the student will be notified of the decision and will be advised of a right to a hearing.
A student may initiate a hearing by submitting a request in writing to the vice president of academic affairs and provost within 60 days of receiving notice of the university’s denial of a student’s written request to amend the education records at issue. The university will hold a hearing within a reasonable time after it has received the student’s written request for a hearing. The student will be given reasonable advance notice of the date, time and place of the hearing. The hearing will be conducted by a university official who does not have a direct interest in the outcome of the hearing. The student will be given a full and fair opportunity to present evidence relevant to the issues raised to support the student’s belief that the information contained in the education records at issue is inaccurate, misleading or otherwise in violation of his or her privacy rights. The university will make its decision in writing within a reasonable period of time following the conclusion of the hearing. The decision must be based on the evidence presented at the hearing, and must include a summary of the evidence and the reasons for the decision. The written decision will be provided to the student, the Office of the Registrar and any other university officials who have a business reason to be informed of the decision. If a student is dissatisfied with the results of a hearing, the student may place a statement in the records to that effect.
If a student believes that the university has not fully honored his or her privacy rights under FERPA, a written complaint may be filed with the Family Policy Compliance Office, United States Department of Education, 400 Maryland Ave. S.W., Washington, D.C., 20202-4605.
For more information, please contact the university’s FERPA Web site or the Office of the Registrar.
Section 504 of the Rehabilitation Act of 1973
Section 504 of the Rehabilitation Act of 1973 states that,
“No otherwise qualified person with a disability in the United States ... shall, solely by reason of ... disability, be denied the benefits of, be excluded from participation in, or be subjected to discrimination under any program or activity receiving federal financial assistance.”
A “person with a disability” includes “any person who: i) has a physical or mental impairment which substantially limits one or more of such person’s major life activities; ii) has a record of such an impairment; or iii) is regarded as having such an impairment.”
A “qualified person with a disability” is defined as one who meets the requisite academic and technical standards required for admission or participation in the post-secondary institution’s programs and activities. Section 504 protects the civil rights of individuals who are qualified to participate and who have disabilities. See also immediately below.
The Americans with Disabilities Act of 1990 (ADA)
The Americans with Disabilities Act of 1990 (ADA) is the civil rights guarantee for persons with disabilities in the United States. It provides protection from discrimination for individuals on the basis of disability.
The ADA extends civil rights protection for people with disabilities to employment in the public and private sectors, transportation, public accommodations, services provided by state and local government and telecommunication relay services.
A “person with a disability” is anyone with a physical or mental impairment that substantially limits one or more major life activities, such as caring for one’s self, performing manual tasks, walking, seeing, hearing, speaking, breathing, learning, and working. In addition to those people who have visible disabilities — persons who are blind, deaf, or use a wheelchair, for example — the definition includes people with a wide range of less visible disabilities. These include psychological and psychiatric concerns, learning disabilities, ADHD, or some chronic health impairments such as epilepsy, diabetes, arthritis, cancer, cardiac problems, HIV or AIDS and others.
In order to access the rights guaranteed in section 504 and ADA, a student must self-identify and present documentation indicating that the disability substantially limits one or more major life activities, including learning. See also the Disability Services section on page 26.
Grade Grievance Procedures
The instructor’s or professor’s judgment is presumed to be correct. Therefore, the burden of qualifying a grievance rests with the student. Thus, at every level in the proposed grievance procedures this “presumption” should be understood by all participants.
It is assumed that grievances will be resolved by the instructor and student.
Grading criteria, requirements, content, etc., are established by the instructor. The presumption is that students have been given ample opportunity for clarification of class requirements at the beginning of a given course.
The procedure for a grade grievance is as follows:
- Initial grade grievance must be addressed to the instructor in the course.
- In those rare circumstances when no agreement is reached in number 1, the student may seek advice from the departmental chair or program director.
- If the matter is not satisfactorily settled at number 2, the student then may seek advice from the dean who will refer the matter to a standing faculty committee (i.e., Academic Affairs).
- The committee will hear the student’s grievance and make its recommendations to the parties involved.
At every level in this grievance procedure, the instructor must be apprised of the situation.
Responsibility of Students
Students enrolled at USD are responsible for adhering to all regulations, schedules, and deadlines outlined in this Bulletin and in any handbooks, contracts, or guideline sheets pertinent to their program. Students have the further responsibility of ensuring that all graduation requirements are met. Questions on these matters should be directed to the student’s faculty adviser.
Student Conduct
Students attending the University of San Diego are accountable to the Student Code of Rights and Responsibilities, which is published online at www.sandiego.edu/archways. Included in the code are the Rules of Conduct, Disciplinary Process and Sanctions, University Policies and Procedures and the Academic Integrity Policy. Parking regulations are available at parking services.
