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The School acknowledges its legal and ethical duty to afford equal treatment and equal opportunity to all persons, and thus complies with all applicable laws and regulations that promote nondiscrimination and equality of opportunity. It prohibits discrimination against its employees, students, and applicants based on race, gender, religion, age, national ancestry or origin, sexual orientation, disability, marital status, sources of income, or other impermissible reason; harassment and sexual harassment are also prohibited. The School also bars retaliation against an employee, student, or applicant who files a complaint of discrimination against the administration and/or faculty.
Since being founded, the Colleges have been committed to diversity within both the School’s educational programs and the legal profession as a whole. Thus, the Colleges strive to foster an environment of mutual respect and inclusion in which all individuals will be valued for who they are and what they can contribute, as participatory members of professional communities that promote cultural awareness, freedom from bias, and appreciation of diversity. Further, the School is committed to preparing professionals for law practice and other careers in a multicultural and diverse society. In keeping with this commitment, course content considers, where appropriate, issues related to individual and cultural differences so that students develop the skills that enable them to provide professional services or otherwise engage in a professional environment with individuals of diverse backgrounds. The faculty conveys attitudes respectful of individual and cultural differences.
A. Faculty Academic Freedom
Academic freedom includes the freedom to lawfully express opinions, raise questions, and advocate positions in matters of academic or scholarly significance, as well as the general prerogative of an instructor to determine how to present the overall subject matter of an assigned course and the primary right to evaluate the performance of students enrolled in the course.
Academic freedom is essential to achievement of the School’s mission. It is the School’s policy, therefore, to encourage freedom of inquiry, discourse, teaching, research, and publication and to protect members of the faculty against influences that would restrict the exercise of these academic freedoms in areas of scholarly interest. The School subscribes to the principles of academic freedom formulated by the American Association of University Professors (AAUP) as generally summarized below1:
1. Each faculty member is entitled to full freedom in research and in the publication of the results, subject to the adequate performance of other academic duties; research for pecuniary return, however, should be based upon an understanding with the School Administration.
2. Each faculty member is entitled to freedom in the classroom in discussing a subject, but should be careful not to introduce teaching of controversial matter that has no relation to the faculty member’s subject. Limitations of academic freedom because of specific aims of the institution should be clearly stated in writing at the time of the appointment.
3. Each faculty member is a citizen and a member of a learned profession. When an instructor speaks or writes as a citizen, the writing should be free from institutional censorship or discipline, but the instructor’s special position in the community imposes special obligations. As a person of learning and an institutional community member, the instructor should remember that the public might judge the instructor’s profession and the institution by the instructor’s utterances. Hence, the instructor should at all times be accurate, exercise appropriate restraint, show respect for the opinions of others, and make every effort to indicate that the teacher is not an institutional spokesperson.
1 By adopting the AAUP statement regarding academic freedom, the School does not adopt or endorse AAUP interpretive statements or other policies.
B. Student Academic Freedom
Academic freedom includes the freedom to lawfully express opinions, raise questions, and advocate positions in matters of academic or scholarly significance. The Colleges of Law support academic freedom for students in academic settings, including classrooms, internship settings, and activities and events sponsored by the Colleges. Students will be evaluated based upon the merits of their responses or performance and their subject matter knowledge, not on extraneous considerations such as their ethnicity, political views, religious beliefs, or other personal beliefs or attributes.
The educational objectives of the School are set forth as Institution-wide Competencies, Program Learning Objectives, and Student Learning Outcomes. For each program, the Student Learning Outcomes are defined generally and in the context of each course. Program Learning Objectives and Student Learning Outcomes specific to each program are set forth in Section 6, JD-Academic Program and Section 16, MLS-Academic Program. The Institution-wide Competencies are as follows:
Competency 1: KNOWLEDGE OF LAW
Students will acquire knowledge of fundamental legal doctrine and conceptual frameworks of American laws and regulations.
Competency 2: PRACTICAL SKILLS
Students will acquire the essential practical skills needed to handle law-related matters effectively, professionally, and within the legal rules governing the practice of law.
Competency 3: ETHICAL AND PROFESSIONAL VALUES
Students will demonstrate understanding of the legal profession’s standards relating to diversity, ethics, and professionalism.
A. Commitment to Student-Focused Learning
The School is committed to providing an educational environment that promotes student success. To ensure an effective and high-quality legal education experience, the School systematically monitors student learning to inform future planning and to generate creative, responsive initiatives to improve its programs. Data are gathered, analyzed, and presented to the School community for review. Based on these results, the School revises its student learning assessment plan, curriculum, and approach to classroom learning. Student learning assessment offers the School a critical opportunity to evaluate the effectiveness of its law programs and to develop innovative, student-focused learning environments. To optimize the learning environment, students are strongly encouraged to be active learners who reflect on the conditions and activities that engage their individual learning styles, and to work independently, with peers and faculty, to enhance their learning process.
B. Plan for Assessing Student-Focused Learning
The School is committed to student learning in all its endeavors. To this end, all constituencies are actively involved in developing, implementing, and refining our approach to assessing student achievement to identify opportunities to improve student learning, and to assessing institutional effectiveness to further our goal of providing a high-quality legal education.
The Plan for Assessing Student Learning is a competency-based model that supports student development in the School’s institutional programmatic goals of Knowledge of Law, Practical Skills and Ethical and Professional Values. The plan identifies, for each program, the linkage between these goals, program competencies, and student learning outcomes. The plan describes the relationship between these outcomes and the courses for each program. The plan also identifies the assessment instruments, the methods for evaluating student learning within each program competency, and the process for evaluation of results. It will be updated annually. The Administration Office may be contacted for a copy of the Final Plan adopted by the faculty and approved by the Board of Trustees.
A. It is School policy to protect the privacy rights of students and the confidentiality rights of student communications and records.
B. The School maintains a confidential academic record and file for each student. It is the institution’s policy not to disclose to any person, without the student’s consent, any information about the student such as grades, grade average, class schedule, address or phone number, or other private information about the student unless required by statute, government regulation court order, the Committee of Bar Examiners, an accrediting agency or upon an emergency. Specific policies relating to student contact information and photography/other recording of students are found in Sections 5.1.B. and 3.16 respectively.
A. This Student Code of Ethics and Conduct (Code) is applicable to all students. Each student’s admission to and continued enrollment at the School is expressly conditioned upon such student’s good faith adherence to the provisions, intent, and purposes of this Code.
B. Students are subject to this Code at all times while:
1. On or using the School’s property, software, or premises, whether owned or leased.
2. Attending any class or function, academic or social, sponsored in whole or in part by the School or any student or alumni organization of the School (such as the Student Bar Association).
3. Engaged in any activity or action that may in any way affect the operation of the School, any grade awarded by the School, or any student’s entitlement to be awarded a degree by the School.
C. In accepting students for admission, the School relies implicitly upon their presumed maturity, seriousness of purpose, and preparedness to support the mission, integrity, reputation, and ethical standards of the institution from which they hope to obtain a professional degree. Students at the School are assumed to be mature adults, training for a profession whose members are held to high standards of ethical behavior. The School, as an institution of learning, requires an atmosphere at all times conducive to that purpose. Finally, students of the School are incurring sizeable financial costs and devoting a substantial amount of time and effort to acquire a professional education; they are entitled to pursue that objective without obstruction by other students. All students, at all times while subject to this Code, are expected to conduct themselves with maturity, with the highest ethical standards, and with respect for the rights of the School, its faculty and staff, and all other students.
D. Administrative disciplinary action may be taken by the School against any student whose personal conduct raises serious questions, in the opinion of the Administration, as to such student’s fitness to remain at an institution of professional legal education. Disciplinary action may be imposed for any conduct that violates the high standards of ethics expected of potential future officers of the court, interferes with the rights of other students, disrupts the intended functioning of the School, or otherwise violates any of the announced policies of the School.
E. Examples of conduct and situations subject to disciplinary action include, but are not limited to, the following:
1. Engaging in offensive, rude, or disruptive behavior or behavior that otherwise violates announced policy. Such behavior includes, but is not limited to, engaging in loud or boisterous conversation during class, and eating or drinking liquids other than water in the classrooms.
2. Using profanity; making obscene, vulgar, or intimidating gestures; or making threats directed at or to another person in person or by electronic or any other method or means.
3. Engaging in academic dishonesty, including but not limited to plagiarism (use of others’ words, ideas or work product without appropriate recognition or citation); unauthorized collaboration with students or others; or using, giving, or receiving unauthorized aid, equipment, or materials during an examination or for any required writing or activity for any course.
4. Defacing, vandalizing, stealing, or removing without proper authorization any property belonging to or leased by the School, including books or other materials from a library or classroom of the School.
5. Engaging in sexual or other unlawful harassment of any person.
6. Willfully committing acts that violate city, state, or federal laws or ordinances.
7. Knowingly making false or misleading statements or entries in any application for admission to the School or any other document affecting the School’s records, including signing the attendance roster for a class at which the student is not present for substantially the entire class or signing such a roster on behalf of another person.
8. Using the School’s libraries, computers, wireless network or online legal research facilities or programs for any purpose other than completing School course assignments and academic support exercises, or improving computer-based legal research skills, including commercial or personal purposes. (De minimus personal use, such as checking personal e-mail, is not prohibited.)
F. Disciplinary action for violating this Code may include, but is not limited to, one or more of the following:
1. Reprimand, written or verbal, which may be noted in the student’s file.
2. Cancellation of an examination, assignment or course grade, and/or denial of course credit.
3. Probation.
4. Suspension.
5. Expulsion.
6. In cases of offensive, rude, or disruptive behavior, or behavior that otherwise violates announced policies, while in class, on campus, or in attendance at any School-related activity, immediate dismissal from such class or ejection from the campus or such activity by the instructor or other person(s) in charge.
G. Notwithstanding any other provision of this Catalog (including the provisions of 3.8, Review Rights-Student Code of Ethics and Conduct):
1. Every instructor has the continuing authority to immediately dismiss from that instructor’s class, for the balance of the class, any student who, in that instructor’s opinion, is engaging in offensive, rude, or disruptive behavior during that class. Any student so dismissed will not receive credit for attending that class and will be treated as having been absent from that class for all purposes of this Catalog. See Sections entitled Class Attendance and Participation Policy.
2. Every person (or persons) in charge, in whole or in part, at any campus of the College or at any College-related activity has the continuing authority to immediately eject from such campus or activity any student who, in that person’s opinion, is engaging in offensive, rude, or disruptive behavior.
H. Nothing in this section is applicable to financial or academic matters (including, without limitation, class attendance, except so far as concerns charges that the student has improperly signed an attendance roster, signed an attendance roster on behalf of another person, or engaged in disruptive behavior by untimely arrival or departure).
A. Nothing in this section pertains to financial matters; or to the assignment of a grade for which the student is entitled to pursue an appeal; or to decisions by the Academic Standards and Admissions Committee (ASAC) upon a student’s petition to be allowed to continue on probation or to be readmitted, including any conditions imposed as part of such decisions. For those policies, see Sections entitled Financial Information, Petition for Change of Grade, Academic Probation, or Readmission respectively. Further, nothing in this section is applicable to the continuing authority of an instructor or other person in charge to require a student to immediately leave a class, campus, or other College-related function because of offensive, rude, or disruptive behavior, as set forth in Section 3.7, Student Code of Ethics and Conduct.
B. When the Administration proposes to cancel a student’s examination or course grade, deny course credit, or impose administrative probation, suspension, expulsion, or similar sanction (not including any verbal or written reprimand, whether or not it was noted in the student’s file) under Section 3.7 of this Catalog for disciplinary reasons based on violation of the student code of conduct (and not due to financial, academic, or other matters excluded from the scope of this section) the following will occur:
1. The student shall be given written notification by the Dean of the specific charge or charges and the intended disciplinary action. The student is presumed to have received such notification, absent a showing by the student otherwise, as of the earlier of:
a. The day on which such notification is hand delivered by the School to the student.
b. The third day of regular postal delivery following the day on which the School mailed such notification by first class, registered or certified United States mail to the last furnished mailing address provided by the student to the School.
2. If the student wishes to appeal the Dean’s decision, he or she must request a hearing by written notice to the Dean. The notice must be hand delivered or mailed by first class, registered, or certified United States mail to the correct address of the Administration Office of the student’s principal campus within 10 calendar days after the student’s actual or presumed receipt of the Dean’s written notification, whichever is earlier.
3. If the student does not request a hearing within the time and in the manner specified in Paragraph 2, the School may proceed to impose the intended disciplinary action of which the student was notified or any lesser action or sanction. The student will have no right of further appeal within the School. In such case, the Dean will notify the student in writing of the disciplinary action taken.
4. If the student requests a hearing in accordance with Paragraph 2 (above), the hearing will be held as soon as possible after the Administration receives the request. The hearing will be held before either an independent, qualified hearing officer or a panel of two or more disinterested members of the faculty and/or administration. The Dean will choose whether a hearing officer or members of the School faculty and/or staff will preside over the hearing and will choose the actual personnel. If the Dean chooses an independent hearing officer, the student will pay half the officer’s fees and the School will pay half the fees. If the student prevails, the School will reimburse the student’s share of the hearing officer’s fees. This right of reimbursement for the hearing officer’s fees does not apply to any other costs or expenses incurred by the student. A “preponderance of the evidence” standard of proof shall apply. The hearing officer or panel shall determine whether the evidence shows that the student charged with misconduct more likely than not actually engaged in the misconduct.
5. At the hearing, the student will be entitled to the assistance of counsel of the student’s own choosing. The student also will have the opportunity to call witnesses on his or her own behalf and to examine adverse witnesses.
6. The hearing officer or panel will provide a final decision on the matter within 3 weeks of the hearing, or as soon thereafter as reasonably possible. The decision must:
a. Approve the intended disciplinary action as set forth in the written notification given to the student pursuant to Paragraph 1 above, or
b. Impose a lesser sanction or disciplinary action appropriate under Section 3.7, or
c. Determine that no disciplinary action is warranted in the circumstances.
7. No other or additional decision, action, or remedy shall be made or imposed by the hearing officer or panel. The decision will be dated and in writing, and will contain a statement of the facts found; conclusions and decision reached; and sanctions if any. This decision will be final and binding on both the School and the student. The student will have no further right of appeal within the School.
8. The effective date of disciplinary cancellation of an assignment, examination or course grade; denial of course credit; probation; or similar sanction that does not terminate or interrupt the student’s right to continued enrollment at the School is:
a. The date of the Dean’s written notification to the student of the disciplinary action intended if the sanction is imposed by the School pursuant to Paragraph 1 above, or
b. The date of the hearing officer’s or panel’s written decision if the sanction is imposed pursuant to Paragraph 4 above.
9. However, if the sanction is imposed pursuant to Paragraph 1, the Dean may select a later date, and if the sanction is imposed under Paragraph 4, the hearing officer or panel may select a later date.
10. The effective date of any expulsion, suspension, or similar sanction that does terminate or interrupt the student’s right to continued enrollment at the School, whether imposed pursuant to Paragraph 1 or Paragraph 4 above, will be retroactive to the date of the Dean’s written notification of charges and intended disciplinary action under Paragraph 1 above. The student will not receive credit for any examinations or courses completed on or after that date, even though she or he may have successfully completed one or more examinations or courses.
A. Purpose and Applicability
1. Nothing in this section pertains to non-academic discipline or the assignment of a grade for which the student is seeking an appeal. For those policies, see Section 3.8, Review Rights-Student Code of Ethics and Conduct and sections on Grades and Grading for each program, respectively.
2. The School is committed to mutual respect and the effective resolution of student problems and complaints through an efficient and fair procedure. We seek to set an environment that encourages students, faculty, staff, and administration to work together to understand and address concerns about fair treatment using informal resolutions. When that is not possible, we are committed to a fair and reasonable resolution of issues through a formal grievance process as outlined below.
3. This procedure may be used whenever a student believes that his/her rights have been violated by a member of the School community, including an employee or agent of the School, by:
a. Violation of a duly adopted School policy, excluding a disciplinary decision or assignment of a letter grade for which the student is seeking an appeal (Section 3.8, Review Rights-Student Code of Ethics and Conduct and sections on Grades and Grading for each program, respectively);
b. Illegal discrimination under any federal, state, local law; or,
c. Unethical conduct according to professional standards.
4. An action or decision is subject to grievance only if it involves a misapplication or misinterpretation of School policy, regulation, or rule, or a violation of state or federal law. This procedure may not be used to challenge policies or procedures of general applicability, including the following:
a. The substance of any duly adopted policy or procedure;
b. The substance that forms the basis for student performance evaluation or grade for a course; or
c. A decision regarding a student’s academic status made by a duly designated administrative officer, or by the Academic Standards and Admissions Committee (ASAC).
5. This procedure may be used by students currently enrolled at the School, or who are participating in a School-sponsored educational event at the time of the incident being grieved. The person filing the grievance must be the alleged victim of unfair treatment. A grievance may not be filed on behalf of another person.
B. Time for Filing Grievance
1. A written, hard copy (not e-mailed) grievance must be received by the Dean not later than forty-five (45) calendar days after the student first became aware of the facts which gave rise to the grievance.
2. The formal resolution process must be initiated within 60 days of the decision, action, or events giving rise to the grievance. This time limit may be extended by the Dean if the student initiating the Student Grievance Procedure requests an extension within the 60-day period for good cause shown (e.g., an active effort at informal resolution, death in the family, etc.).
C. Process
1. Prior to invoking the formal resolution procedures described below, the student is strongly encouraged, but is not required, to make active efforts to resolve matters through professional and direct discussions with the person or persons directly involved. These efforts should take place as soon as the student first becomes aware of the act or condition that is the basis of the grievance. If unsure of how to proceed, students should enlist the assistance of another member of the School community (e.g., Assistant Dean, Director of Student Services, or Faculty Chair or designee) to help identify proper courses of action and/or to mediate problems if necessary.
2. Since this procedure is an institutional process, not judicial, the presence of legal counsel for any party to the grievance is not allowed. This policy is not to be used in substitution for the grade appeal or other appeal processes.
3. Step 1
To invoke the formal resolution process, the student must submit the grievance to the Dean. The grievance must:
a. be submitted as a dated, signed, written, hard copy document (not e-mailed);
b. state how the decision or action is unfair and harmful to the student and list the School policies or state or federal laws that have been violated, if known;
c. name the person(s) against whom the grievance is filed;
d. state how the person(s) against whom the grievance is filed are responsible for the action or decision; and
e. state the requested remedy.
4. Step 2
Upon receipt of the written grievance, the Dean will determine whether the matter is grievable in accordance with the criteria set forth above. If the grievance has no merit, it will be dismissed by the Dean and a letter will be submitted to the student initiating the grievance stating the same. If the grievance does have merit, the Dean will appoint an ad hoc committee of two faculty members and one student to investigate the situation by gathering additional information from appropriate members of the campus community. The Dean will designate one of the faculty members as chairperson of the ad hoc committee. The chairperson will have the right to vote. At any time during the investigation of the grievance, the Dean and ad hoc committee may make further attempts to resolve the grievance informally.
The ad hoc committee chair will send a copy of the grievance to the parties listed as having committed an alleged violation (“respondent”) within ten business days of being appointed, giving the respondent(s) ten business days to submit to the chair a written response to the allegations with any exhibits they wish to introduce as evidence. The chair will concurrently inform the student pursuing the grievance of his/her right to, within ten business days, submit to the chair copies of any exhibits he/she wishes to introduce as evidence. The chair may extend the deadlines for submitting a response and for exchanging proposed exhibits upon a showing of good cause.
If the student who has brought the grievance has good cause to believe that a given member of the ad hoc committee is unable to be impartial, the student may request that the Dean disqualify that member. Such a disqualification shall be granted only upon the demonstration of sufficient reason. The decision by the Dean to alter or preserve the composition of the ad hoc committee is final.
5. Step 3
In performing its functions, the ad hoc committee will have the right to call any witnesses and to require the introduction of any relevant data or information. The ad hoc committee will be the final judge of what testimony or data is relevant. While the presence of an attorney is prohibited, a student may have a member of the School community present during the hearing to provide advice and support. All deliberations of the ad hoc committee are confidential.
6. Step 4
Once all fact finding, questioning, and presentations are complete, the committee will deliberate to evaluate the merits of the grievance and make findings of fact. Such deliberations are restricted to members of the committee. The committee’s decision must be based solely on material presented in the grievance. A majority vote of the ad hoc committee is required to make an affirmative decision on the grievance.
Within 5 days of reaching a conclusion, the ad hoc committee will, via U.S. Postal Service, mail its findings in writing to the student bringing the grievance, the respondent(s), the Dean, and to the appropriate institutional individual(s) who shall implement the actions, if any, recommended by the ad hoc committee within 30 days after the committee’s decision was postmarked.
D. Appeal Process:
1. Step 1
Within ten business days after the committee’s decision is mailed, a student who is not satisfied with the decision of the committee may seek further review by mailing or personally delivering (not e-mailing) the written notice of appeal, together with the committee’s written decision, to the Dean. Written notice of appeal must be signed and dated by the student and provide a brief statement of the grounds for appeal, which should contain a list of alleged errors in the decision or decision-making process and indicate what remedy is requested. Appeals delivered or mailed more than ten business days after the committee’s decision was mailed, or any appeal sent by e-mail, will not be considered.
The Dean’s action will be limited to a review of the basis for the committee’s decision; he or she will render a decision based on review of the grievance record and the written notice of appeal. There is no right to a hearing or oral presentation in appeals. The Dean may delegate another administrator to act on his/her behalf.
2. Step 2
Within 15 calendar days of receipt of the request for review, the Dean will submit his or her decision in writing to the student and to the person alleged to have caused the grievance. The written disposition shall include the reasons for the decision, and it shall direct a remedy for the aggrieved student, if any. The Dean’s decision on the appeal is final and will not be subject to further review.
E. Recordkeeping
The chair of the ad hoc committee will compile an official record of the proceeding that includes a copy of all correspondence with the parties, all evidence submitted to the committee, a summary of the committee’s decision, and anything else considered by the committee in reaching its determination. The chair of the committee will be responsible for ensuring that a written report is prepared that addresses and resolves all material factual issues in dispute, that states a conclusion as to whether the student was subjected to misapplication or misinterpretation of School policy or state or federal law, and if so recommends remedies as appropriate. The report and official record will be kept in the student’s record; a copy of the grievance, any decision of the committee, and any decision of the Dean will be retained in accordance with retention requirements for the student’s file.
F. Confidentiality
All grievance procedures and records are confidential in nature and will be treated accordingly, except to the extent disclosure is required by law or the requirements of accrediting bodies, including the State Bar of California.
A. The institution is committed to providing a work and educational environment for all that is fair and respectful, and rewards performance on the basis of relevant considerations such as ability and effort. Unlawful harassment (“harassment” here) in any form, of any person on the School’s property or in the course of the School’s activities, including sexual harassment, is strictly prohibited. Harassment of anyone on the basis of his or her race, religion, color, national origin, age, gender, sexual orientation, marital status, disability, or any other impermissible basis is unlawful and will not be tolerated.
B. Harassment can take many forms including verbal, physical, visual, and retaliation. Harassment includes, but is not limited to, conduct that:
1. Has the purpose or effect of creating an intimidating, hostile, or offensive environment; or
2. Has the purpose or effect of unreasonably interfering with an individual’s performance.
C. Procedures for reporting harassment are set forth in Section 3.12 below.
D. Students who engage in harassment are subject to student discipline under Section 3.7, Student Code of Ethics and Conduct. Employees of the School who engage in harassment are subject to reprimand (written or verbal), termination, or such other disciplinary action as the Dean shall determine.
E. From time to time the School may issue supplemental policies further implementing and/or giving additional detail concerning this policy. Such supplemental policies and this policy will be considered one policy. Any individual having questions concerning this policy should feel free to contact the Dean.
A. The institution is committed to eliminating sexual harassment from its property and activities. Sexual harassment is improper and illegal, and will not be tolerated. This policy is implemented to inform employees and students as to what sexual harassment is and what procedures are to be followed in dealing with sexual harassment within the School.
B. California and Federal laws define sexual harassment as unwanted sexual advances, or unwanted visual, verbal, or physical conduct of a sexual nature.
1. Verbal and written forms of sexual harassment include sexual innuendo, suggestive comments, insults, humor and jokes about sex or gender-specific traits or sexual orientation, sexual propositions, and threats.
2. Nonverbal harassment includes suggestive or insulting sounds or symbols, leering, whistling, and obscene gestures.
3. Physical forms of sexual harassment include touching, pinching, brushing the body, assault, and coerced sexual contact including but not limited to intercourse.
C. Procedures for reporting harassment are set forth in Section 3.12 below.
D. Students who engage in sexual harassment are subject to student discipline under section 3.7, Student Code of Ethics and Conduct. Employees of the School who engage in such harassment are subject to reprimand (written or verbal), termination, or such other disciplinary action as the Dean shall determine. Any person found to engage in sexual harassment may be subject to criminal charges and punishment by law.
E. From time to time the School may issue supplemental policies further implementing and/or giving additional detail concerning this policy. Such supplemental policies and this policy will be considered one policy. Any individual having questions concerning this policy should feel free to contact the Dean.
A. Any individual who believes he or she has been unlawfully harassed while on the School’s property or in the course of the School’s activities by any employee or student, should promptly report the facts of the incident or incidents, and the name of each person involved, to the Dean or, in the alternative, to the Ethics Point helpline (888-247-3189). The Dean and/or her delegate(s) will investigate all such claims and take appropriate corrective action.
B. When unwelcome activities described above of a milder nature occur, the individual may choose to tell the harasser that she or he is uncomfortable with the behavior and ask that it cease. This course of action is completely optional, and if the behavior does not cease or if the individual is uncomfortable dealing with the matter, then recourse should be sought through the Office of the Dean.
C. If, while on School’s property or during the course of any of the School’s activities, an individual is subjected to behavior which she or he considers to be harassment (and which has not been dealt with to the student’s satisfaction), the student should promptly notify the Dean, Assistant Dean, or Director of Student Services. The student will be asked to make a written complaint.
D. Impartial and neutral people will investigate the complaint, and appropriate sanctions will be imposed against any employee or student who is found to have sexuaharassed the individual. Steps will also be taken to prevent or discourage further harassment. The investigation will include interviewing the alleged victim, alleged harasser, eyewitnesses, and corroborative witnesses. The results of the investigation and any actions taken as a result thereof will be communicated as appropriate pursuant to law.
E. If for some reason the student believes that this policy will not work in her or his situation, the matter should be discussed with the Dean, Assistant Dean, or Director of Student Services.
F. No person will at any time be subject to retaliation by the School for reporting harassment. The School may, however, take disciplinary action against any person who makes an intentionally false report.
A. This policy sets forth procedures, resources, and case management for students, faculty, and staff who are victims of, or witnesses to, sexual assault or other crimes committed at or upon the grounds or facilities of, or upon off-campus grounds or facilities maintained by, the School or affiliated student organizations.
B. The School encourages victims and witnesses to immediately report all crimes, including sexual assault, to the College Administration and/or to proper law enforcement authorities. Such reporting enhances the likelihood of apprehending and prosecuting the perpetrators and assists in improving preventative measures for the future. However, the School also respects the privacy concerns of victims and attaches a high priority to dealing with those concerns in a sensitive and positive manner.
C. Reporting
1. In cases of emergency or other situations where immediate contact with the local police or other means of assistance may aid the victim of a sexual assault or other crime, mitigate the effects of such crime, result in apprehension of the perpetrator, or otherwise serve to protect the life or property of any person, the School and other persons may report such crime with or without the victim’s consent.
2. In all other cases, victims of a sexual assault or other crime may (but are not required to) report such crime to the School and/or the local police. Reports to the School preferably should be made in writing to the Administration Office of the victim’s principal campus. If required by law or upon the victim’s written request the School will report such sexual assault or other crime and furnish a copy of the Crime Report Form to the local police.
D. Assistance to Victims
1. Because of its relatively small size, the School does not provide direct assistance in the way of treatment or counseling to victims. However, to the extent reasonably possible, and at the victim’s request (or if the victim is incapable of making a request), the School will provide initial transportation to a hospital emergency room. The School will work with the victim to locate suitable off-site counseling, and consult with the victim concerning such exceptions, if any, to College policies and procedures as may be necessary or appropriate to accommodate needs of the victim resulting from the incident. Information about victims’ rights in the case of sexual assault is made available by the District Attorney’s Office. Victims’ rights include the possibility of both criminal and civil actions against the perpetrator. The School is prepared to offer information to victims concerning these rights, including the availability of disciplinary action.
2. A number of off-site resources exist for counseling, therapy, and other help available to victims of sexual assault and other crimes. Information about these resources is available through the Santa Barbara County District Attorney’s Office (805-568-2400) and the Ventura County District Attorney’s Office (805-654-3622).
E. Case Management
If the alleged perpetrator of a sexual assault or other crime is a student, faculty, or staff member at the School, the victim will be informed of the initiation and results of any disciplinary action taken by the School, so far as is reasonably possible without violating legal rights of the alleged perpetrator. Except for reporting to local police or other sources of assistance in the circumstances described above, or except as otherwise consented to by the victim, the School will not discuss the specifics of the victim’s case with any person except to the extent reasonably necessary, in the discretion of the School, for the conduct of the business and affairs of the School.
A. It is the School’s policy to provide reasonable accommodations for students with disabilities, including but not limited to, learning disabilities and physical impairments. Students whose disabilities may require some type of accommodation, including exam-testing accommodation, are encouraged to discuss these with the Assistant Dean or Director of Student Services as early as possible.
B. It is acceptable for a School to require documentation of disabilities when the individual with the disability puts the disability at issue. Proper documentation must be submitted on the School’s form or in some cases for J.D. students, on forms provided by the State Bar. When medical/physical disabilities are at issue, a physician’s statement will usually be sufficient, so long as that statement describes both the disability and the limitations that the disability poses for the student. For students with learning disabilities, the following is ordinarily considered reasonable for required documentation:
1. The documentation must be prepared by a professional, such as a licensed physician, learning disability specialist, or psychologist, who is qualified to diagnose a learning disability.
2. The documentation must describe the testing procedures followed, the instruments used to assess the disability, the test results, and an interpretation of the test results. If the disability requires additional time for taking examinations, it must state the specific amount of time needed.
3. The documentation must reflect the individual’s present achievement level, be as comprehensive as possible, and be dated no more than 3 years prior to the student’s request for accommodation, unless, in the opinion of the Dean, extenuating circumstances justify reliance on older documentation. For J.D. students, it must adequately measure cognitive abilities using the tests required by the Committee of Bar Examiners (CBE) of the State Bar of California under its current guidelines for applicants seeking accommodation on the California State Bar Examination. The achievement test should sample reading, math, and writing.
4. The documentation must include test results for at least the following characteristics: intelligence, vocabulary, reading rate, reading comprehension, spelling, mathematical comprehension, memory, and processing skills. The diagnosis should conform to federal and state guidelines, including, for J.D. students, those issued by the CBE of the State Bar of California.
C. At the Dean’s discretion, documentation different from or in addition to that described above may be required, including documentation more current than that described in item 3 above. Documentation from one or more additional physicians or other professionals may be required. All statements, opinions, and recommendations of physicians and other professionals, while accorded great weight by the School, will be considered advisory only; they are for use by the School in working with the student to develop appropriate accommodations and are not, per se, binding upon the School.
D. A student seeking accommodations must file a petition with the School detailing the exact nature of the disability and the accommodation sought along with documentation from appropriate professional(s) confirming the existence of the disability, explaining the exact accommodation needed and supporting the need for the accommodation sought. After reviewing the student petition, the School will grant or deny the request for accommodation. In some circumstances, a student may be required to file updated documentation to show the need for continued accommodations.
E. J.D. students receiving accommodations should contact the State Bar regarding accommodations on the FYLSX and General Bar Examination, as the State Bar will determine what accommodations the student is entitled to, independent of any decision by the School. Our understanding is that the State Bar generally postpones decisions about accommodations for learning disabilities until close to the examination, but J.D. students with disabilities should check with the State Bar on these issues and should be aware that the State Bar may offer more limited accommodations on exams than provided by the School.
A. Resources provided to students by the School must be used in conformity with copyright law. The School does not condone photocopying instead of purchasing copyrighted works where such photocopying would constitute an infringement under the copyright law (17 U.S.C. §107). Any copying done using School resources without prior permission from the copyright owner must comply with the fair-use doctrine of the current copyright law (17 U.S.C. §107).
B. Copyright law allows unrestricted photocopying of works in the public domain and photocopying of copyrighted works without securing permission from the copyright owner when the photocopying amounts to a fair use of the work. According to the law:
In determining whether the use made of a work in any particular case is a fair use the factors to be considered shall include (1) the purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes; (2) the nature of the copyrighted work; (3) the amount and substantiality of the portion used in relation to the copyrighted work as a whole; and (4) the effect of the use upon the potential market for or value of the copyrighted work.
C. Fair use cannot always be expressed in numbers, either the number of pages copied or the number of copies distributed (although certain useful rules of thumb may be applied). For scholarly research use, the School applies the following rules of thumb:
Without securing permission from the copyright owner, a single copy of any of the following:
1. One chapter from a book
2. One article from a periodical or newspaper
3. One short story, short essay, or short poem, whether or not from a collective work
4. One chart, diagram, graph, drawing, cartoon, or picture from a book, periodical, or newspaper
The School may, in its discretion, use photography, videography, or other recording of students in the classroom, on campus or at School activities for educational or promotional purposes.
During exams, students may not use cell phones or other electronic devices, except for ExamSoft-protected laptop computers. Students are reminded that the courteous classroom use of pagers and cell phones means they must be turned off or set to vibrating mode only and must not interfere with or interrupt classroom lecture and discussion. Use of laptop computers during class is limited to note taking and other activities directly related to class work.
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