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a. Founding Grant
The Leland Stanford Junior University was founded by Senator and Mrs. Leland Stanford on November 11, 1885, in memory of their only child. The founding of the University was accomplished by a Grant of Endowment after Senator Stanford had procured passage on March 9, 1885, of an enabling act by the legislature of the State of California. The Founding Grant conveyed to trustees certain properties, directed that a university be established, and outlined the objectives and government of the university.

b. Amendments
The Founding Grant reserved to the Founders the right to amend the Grant. In the years following the death of Senator Stanford in 1893, Mrs. Stanford made several amendments in the form of addresses to the Board of Trustees on such points as the nonsectarian, nonpartisan nature of the University, the powers of the President, duties of the Trustees, financial management, housing on campus, gifts from others than the Founders, summer schools, research, and tuition.

c. Legislation and Court Decrees
The University operated under the Founding Grant without complications until Senator Stanford's death. However, some problems became apparent in connection with the transfer of the trust money to the Trustees, the taxation of property and revenue, and the legal status of the University. Provisions were presented to and approved by the California legislature to correct defects, and the Trustees were authorized to petition the courts for judicial decrees in matters concerning the legal status of the University and the role of the Trustees.

d. Information About the Founding
Detailed accounts of the steps taken in the founding of Stanford University, the texts of the various legal documents, and the history of the University are in the University Archives in the Green Library. The University also publishes a booklet, The Founding Grant with Amendments, Legislation, and Court Decrees, and a listing of some general works of history can be found in the bibliography of the Faculty Handbook

a. Powers and Duties
The Board of Trustees is custodian of the endowment and all the properties of the University. The Board administers the invested fund, sets the annual budget, and determines policies for operation and control of the University. The powers and duties of the Board of Trustees derive from The Founding Grant, Amendments, Legislation, and Court Decrees. In addition, the Board operates under its own bylaws and a series of resolutions of major policy.

b. Membership
Board membership is set at a maximum of 38 including the President of the University, who serves ex officio and with vote. Eight of the Trustees are elected or appointed in accordance with the Rules Governing the Election or Appointment of Alumni Nominated Trustees. All members of the Board serve five-year terms and, in general, are eligible to serve two such consecutive terms (except alumni nominated trustees, who serve one five-year term only).

c. Officers of the Board
The Officers of the Board are the chair, one or more vice chairs, the secretary, and the associate secretary. Officers are elected to one-year terms, with the exception of the Chair, who serves a two-year term. Their terms of office begin July 1.

d. Committees
The six standing committees of the Board are the Committee on Audit, Compliance and Risk; the Committee on Development; the Committee on Finance; the Committee on Land and Buildings; the Committee on Student, Alumni and External Affairs; and the Committee on Trusteeship. Standing committees meet prior to each regular Board meeting unless otherwise directed by the Chair.

e. Meetings
The Board generally meets five times each year, in October, December, February, April and June. Meetings are normally on the second Tuesday of the month.

a. Appointment
Among the powers given to the Trustees by the Founding Grant is the power and duty to appoint a President of the University, who shall not at the time of appointment be one of their number, and to remove him or her at will. In accordance with the by-laws of the Board of Trustees, the President of the University shall be appointed or removed only by the affirmative vote of a majority of the Board of Trustees.

b. Powers and Duties
The by-laws and resolutions of the Board of Trustees set forth the following duties of the President of the University in addition to those he derives from the Founding Grant or by office:

• "He shall be responsible for the management of the University and all its departments, including the operation of the physical plant and the administration of the University's business activities."
• "The President shall report to the Board at each regular meeting on problems and progress of the University, and he shall make recommendations for action."
• "In conformance with general objectives approved by the Board, he shall be responsible for preparation of the annual University operating budget and other annual budgets as specified. He shall submit these budgets to the Board for review and subsequent action and shall submit periodic reports to the Board on the status of plans and projections basic to preparation of budgets for succeeding years."

c. Appointment of Staff
To assist in the performance of presidential duties, the President of the University, with the approval of the Board, appoints and prescribes the powers and duties of a Provost, a Vice President for Business Affairs and Chief Financial Officer, a Vice President for Medical Affairs, a Vice President for Development, and a General Counsel. The President of the University, with the approval of the Board, may appoint and prescribe the powers and duties of other officers and employees as the President may deem proper.

d. Absence or Inability to Act
In the absence or inability to act of the President, the Provost shall be Acting President and shall perform the duties of the President of the University. If both the President and the Provost are unable to act or otherwise believe the circumstances warrant, the President (or Provost when functioning as President) may designate one or more persons to act on the President's behalf. In emergencies, the Chair of the Board of Trustees may designate one or more persons to act on the President's behalf or as Acting President and, if the tenure exceeds 30 days, such designation must be confirmed by the Board.

a. Responsibilities
The Provost, as the chief academic and budget officer, administers the academic program (instruction and research in schools and other unaffiliated units) and University services in support of the academic program (student affairs, libraries, information resources, and institutional planning). In the absence or inability of the President to act, the Provost becomes the Acting President of the University.

b. Principal Staff
The principal staff officers of the Provost are shown in the organization chart in Guide Memo 9.2.1.

a. Membership
Chaired by the President, membership of the University Cabinet includes the Provost, Deans of the seven Schools, the Vice Provost and Dean of Research, the Director of the SLAC National Accelerator Laboratory, the Director of the Hoover Institution, the Vice Provost for Undergraduate Education, and the Vice Provost for Graduate Education.

b. Responsibilities
The primary function of the University Cabinet is to recommend and review principles, policies, and rules of University-wide significance. Its purpose is to assure the centrality of academic objectives in the work of the University. The President and the Provost seek the Cabinet's advice on issues of University direction, policy and planning including but not limited to:

• Long range planning for faculty and academic program development
• Strategic planning on financial, facilities and fund-raising matters
• Faculty and student affairs
• Personnel policies

The Cabinet advises the President and Provost on other matters as appropriate.

a. Potential Issues
The agreement between the University and the other entity should make adequate provision for issues that may be called into play by the nature of the proposed relationship. Such issues might include the following:

• Potential property tax or unrelated business income tax imposed on the University
• Failure to appropriately file for a property tax exemption associated with leases of on-campus or off-campus space
• Government contract and similar allocation issues
• Vicarious liability to the University and indemnities
• Issues relating to public image or government scrutiny
• Effects on legal compliance of University benefit plans
• All aspects of land use and landowner issues regarding environmental matters
• The potential for liens or claims against Stanford property or assets
• Fraud and abuse issues in the medical area
• Employment law issues
• Private inurement or private use where University assets, income or facilities may be used in a way that benefits or results in profits to private individuals or entities
• Utilities issues
• Conflicts of interest
• The potential triggering of other statutes or governmental regulations

b. Definition of Relationship
The agreement should provide a clear definition of the nature of the relationship and of any responsibilities or obligations undertaken by the parties. The agreement should also address appropriate limitations on those responsibilities or obligations in both time and scope; the defense and indemnification of the University in the event of suit or other adverse action; the need for the University to be named as an additional insured on policies of insurance; the right of the University to review financial records of the entity, where appropriate in light of the relationship; and a date for termination or reevaluation of the agreement and relationship.

c. Form of Agreement
A detailed contract will not always be necessary; often a well-drafted business letter agreement may suffice. Whatever form the agreement takes, the other parties need to understand that the University does not seek to intrude inappropriately into the internal affairs of the other parties and in no way is taking on responsibility for their actions—except as to specified actions (if any) for specific reasons that are relevant to the relationship and are clearly delineated in the agreement.

Land, Buildings and Real Estate (LBRE)/Real Estate department  must receive a copy of any lease agreement made with third parties, for consideration of property tax or property tax exemption issues.

a. Delegated Authority
The appropriate office or offices for reviewing and/or approving an agreement will depend upon the areas in which the proposed relationship arises. In this regard, please refer to the relevant resolutions and memoranda concerning delegations of authority by the University President, Vice Presidents and other senior officers. For more information concerning such delegations, contact the Office of the Secretary of the Board of Trustees.

b. Cognizant Offices
The following are examples of elements that may be present or contemplated and the corresponding office that needs to be consulted and whose approval generally will be required in connection with that element:

c. Guidance on Legal or Liability Issues
As a general proposition, if the arrangement presents novel legal issues, or if the Stanford entities involved in the relationship would like general legal guidance, the Office of the General Counsel should also be consulted. Similarly, the Risk Management Department should be consulted on proposed relationships that raise risk or liability concerns, or whenever Stanford personnel expect their activities (whether on-site or off-site) to be covered by the University's policies of insurance and self-insurance.

The following situations or types of agreements are not covered by this Guide Memo:

• Conferences and summer camps
• Arrangements with individuals to become visiting scholars
• Consulting agreements with individuals
• Externally-sponsored projects and gift-supported programs
• Financial investments managed by the Stanford Management Company
• Real estate investments managed by LBRE
• The procurement of goods or services for University use in the ordinary course of business
• Normal business and licensing transactions entered into by the Office of Technology Licensing

Additional guidance on issues raised in this Guide Memo may be found in the following sources:

Guide Memo 1.5.2: Staff Policy on Conflict of Commitment and Interest
Research Policy Handbook Document 4.1: Faculty Policy on Conflict of Commitment and Interest
Guide Memo 1.5.3: Unrelated Business Activities
Guide Memo 8.2.1: University Events
Guide Memo 8.2.2: Conferences

a. Significant Financial Interest
Current or pending ownership interest in an entity amounting to at least one-half percent (0.5%) of the company's equity or at least $10,000 in ownership interest (except when the ownership is managed by a third party such as a mutual fund).

b. Immediate Family Member
Spouse, dependent child as determined by the Internal Revenue Service, domestic partner.

c. Cognizant University Officer
President, Provost, Vice Presidents, Vice Provosts, Deans, Directors of SLAC, Hoover Institute and Athletics, and the University Librarian.

The following actions on the part of staff members are prohibited:

a. Personal Gain
Transmitting to outsiders or otherwise using for personal gain University-funded or supported property, work products, results, materials, property records or information developed with University funding or other support.

b. Confidential or Privileged Information
Using for personal gain or other unauthorized purposes, confidential or privileged information acquired in connection with the individual's University-supported activities. Confidential or privileged information is non-public information pertaining to the operation of any part of the University including, but not limited to, documents so designated, medical, personnel, or security records of individuals; anticipated material requirements or price actions; knowledge of possible new sites for University-supported operations; knowledge of forthcoming programs or of selections of contractors or subcontractors in advance of official announcements; and knowledge of investment decisions. Questions about confidential information may be referred to the University Privacy Officer at privacyofficer@stanford.edu.

c. Approvals
Participation in negotiating or giving final approval to financial or other business transactions between the University and other organizations in which the individual or an immediate family member has a Significant Financial Interest or with which the individual or an Immediate Family Member has an employment or consulting arrangement.

All staff should also note that originating or approving financial or other business transactions between the University and other organizations with which the staff member has any financial or family ties (even those not rising to the level of Significant Financial Interest or constituting an Immediate Family Member) may create the appearance of a conflict of interest. It is required that all such situations be disclosed in writing to the cognizant University officer and this disclosure should be documented and retained for the duration of the business relationship.

d. Gratuities and Special Favors
Acceptance of gratuities, unsolicited gifts exceeding $50 in value, solicited gifts in any amount or special favors from private or public organizations or individuals with which the University does or may conduct business or extending gratuities or special favors to employees of any sponsoring government or other agency or entity.

e. University Resources
Use of University resources including, but not limited to, facilities, departmental parking permits, personnel or equipment, except in a purely incidental way, for any purposes other than the performance of the individual's University employment. Note: Acceptable use of University vehicles is covered in Guide Memo 8.4.2: Vehicle Use.

f. Business Relations
Acceptance of or continuing in employment, an official relationship, or a consulting arrangement with another concern which has or seeks to have a business relationship with the University.

g. Commitment
For staff members exempt from governmental regulations regarding compensation for overtime work: Acceptance of employment, consulting, public service, or pro bono work which can result in conflicts or the appearance of conflicts with a staff member's primary commitment of time and energy to the University.

Because it may be in the interest of the University to grant exceptions to the rules in Section 2, the following procedure has been established:

a. Disclosure
Whenever a staff member anticipates a situation where he/she may be potentially in violation of the policies in Section 2, that staff member must immediately make full disclosure in writing of the details of the situation, through his/her supervisor, to the cognizant University officer and request an exception. Exceptions must be approved in writing in advance. If a staff member finds that he/she has engaged in conduct that violates the policies in Section 2, such situation must be reported immediately to the cognizant University officer.

b. Responsibility of University Officers
Any requests for exception shall be reviewed and all facts thoroughly examined for apparent conflicts. Exceptions may be granted at the sole discretion of the University. If the cognizant University officer determines that the University would best be served by the granting of the requested exception, he/she may do so in writing with justification for the granting and delineating any conditions placed on the approval. Except in rare instances, University officers may not delegate this responsibility and any delegation must be in writing. If the designee grants an exception, the designee must provide the University officer with a memorandum detailing the circumstances of the exception.

Copies of the approval must be retained throughout the period of employment.

c. Annual Reports
University officers who receive and grant exceptions to the policies in this Guide Memo shall, at the end of each academic year, provide a detailed summary report to the Provost.

d. Other Reports
In addition to Section 3.c, cognizant University officers may establish, within their areas of responsibility, mandatory periodic conformance and compliance reporting procedures for all staff.

e. Consequences
Failure to adhere to any aspect of the policy and procedures shall subject the involved employee(s) to disciplinary action, up to and including termination of employment.

Stanford University is internationally known for excellence in teaching, learning, research, medicine, athletics, the arts and similar activities. The widely recognized Stanford name and its associated seals, marks and symbols (together referred to as "name and marks") represent the high caliber of the University's faculty and students and convey the quality and breadth of the University's accomplishments. Stanford's name and marks are among the University's most valuable assets. Faculty, students and staff share in the benefits associated with the University's name and marks, and therefore also share responsibilities concerning their use.

The University will protect its name and marks actively from improper or misleading use by individuals or organizations not associated with the institution and will assure that use of the name and marks by faculty, students, alumni, staff, Stanford programs and others is appropriate. As described below, appropriate use indicates that the activity or product with which the name and marks are being used has the necessary approval for use of the name and marks and reflects appropriately on Stanford's reputation.

Use of the Stanford name and marks in a manner that implies endorsement of programs, products or services of any entity not directly associated with, or licensed in writing by, the University is prohibited.

a. Ownership
The University is the owner of a number of marks registered with the United States Patent and Trademark Office. These include:

• STANFORD®
• STANFORD UNIVERSITY MEDICAL CENTER®
• Block "S" with tree
• Stanford University seal

Additional registrations have been made with the California Secretary of State and in some international jurisdictions. All of Stanford's registered marks, as well as other names, logos, seals and other symbols that are representative of the University or its entities, whether or not registered, are the property of Stanford University. Such names and marks may be used solely with permission of persons having specific authorization by the Board of Trustees or the President of the University. Registered marks should be shown with the symbol, ®, designating their status as federally-registered trademarks. The block "S" without tree, as a non-registered trademark, should be shown with the designation "TM." For emblem artwork with the proper trademark designation, contact the Trademark Associate at (650) 723-3331 or by e-mail at trademarks@stanford.edu.

Use of the Stanford name and marks by third parties is strictly prohibited unless written permission from the University has been granted, in keeping with authority delegated by the President (described below under "Approval for Use.") As stated in the Research Policy Handbook 9.2, courses taught and courseware developed for teaching at Stanford belong to Stanford and may not be further distributed without permission of the University. Use of the Stanford name and marks in association with the distribution of such materials outside the University must be approved by the Provost.

Please refer to the Research Policy Handbook 9.5, for further information on the University's copyright policy.

b. Appropriate Use
The names and marks covered by this policy may be used only in connection with Stanford-sponsored or Stanford-sanctioned activities or materials. Stanford faculty, students, staff and volunteers must assure that use of the Stanford name and marks meets the following criteria:

(1) Accuracy
Use of the Stanford name and marks in association with an event, program, project, publication or product implies some form of involvement by the University. Involvement by individual faculty, students, alumni or staff is not a sufficient basis for indicating University sponsorship or endorsement. The activity must be one in which the University has an institutional role.

(2) Quality Standards
Stanford's name and marks may be used only in connection with activities that meet high standards and are consistent with the University's educational, research and related purposes.

(3) Prohibited Uses
In keeping with its status as a non-profit educational institution, Stanford does not permit its name and marks to be used in connection with partisan political activities. Individual faculty, students, alumni or staff may not use Stanford's name and marks in association with any commercial activity or outside venture without written permission of a person authorized by the Board of Trustees or University President to so act. Use of the name and marks in connection with third parties must conform to the policy provided in Guide Memo 1.4.1: Academic and Business Relationships with Third Parties.

c. Approval for Use
The President has delegated authority as follows for approving use of Stanford's name and marks:

• To the Provost for use in connection with educational and research activities, including courseware and related materials developed for teaching at Stanford (see Research Policy Handbook 9.2, Copyright Policy and for special events (see Guide Memo 8.2.1: University Events)
• To the Vice President for Business Affairs and Chief Financial Officer for use in connection with business activities of Stanford or by vendors (including promotional use)
• To the Dean of the School of Medicine for use in connection with medical activities
• To the Director of University Communications for use in film, video, print and electronic media, including the University's home pages on the Web
• To the General Counsel

The Office of the General Counsel and the Office of the Vice President for Business Affairs/CFO are responsible for protection of Stanford's name and marks. The Office of the Vice President for Business Affairs/CFO has been authorized to grant licenses for use of Stanford's name and marks on products for sale.

d. Guidelines for Faculty and Staff
In teaching, research and other academic activities of the University, Stanford's name and marks may be used, subject to the normal review processes established within schools, departments, centers and programs. This policy is not intended to limit use of the Stanford name for legitimate purposes that fall within the normal scope of University activities. However, when a faculty or staff member is involved in activities not directly associated with Stanford (e.g., independent consulting, other business activities, publications, etc.), use of Stanford's name and marks is limited to identification of the individual by his or her affiliation (e.g., Jane Smith, Professor of History, Stanford University).

The Stanford name and marks may not be used for purposes other than in direct relation to teaching, learning and research at Stanford without written approval from the designated office described above under "Approval for Use." Faculty members and others engaged in activities involving business relationships with third parties may contact the Office of the Vice President for Business Affairs/CFO for information and assistance on name use issues. For questions concerning courseware and related materials, contact the Vice Provost and Dean for Institutional Planning, Learning Technology and Extended Education.

Examples of permissible use include:

• "John Smith, Professor of Psychology at Stanford University," on a book jacket
• "Stanford Center for Buddhist Studies," as approved in accordance with the Committee on Research "Annual Report for 1996-97: Attachment A, Guidelines for the Establishment and Review of Centers at Stanford University"
• "Stanford Conference on Law," when approved by the cognizant Dean or Department Chair and operated as a University special event

Examples requiring written approval and/or a license from the University:

• Use of the Stanford name on any product that will be sold commercially, such as Stanford sweatshirts
• Use of the Stanford name in the title of a book, such as "The Stanford Guide to Perpetual Youth"
• Use of the Stanford name in the title of a test that will be sold commercially, such as "The Stanford Test of Psychic Abilities"
• Use of the Stanford name in a course that will be marketed or otherwise used outside the University, either by a University official or by a third party, such as "The Stanford Seminar on Successful Startups"
• Use of the Stanford name as part of the name of any outside business or other activity, such as "Stanford Worldwide Online Group, Inc."

e. Guidelines for Students and Alumni
Student and alumni groups that have official ASSU or Stanford Alumni Association recognition, and are registered as such, may use the Stanford name in association with their University-sanctioned activities. Recognized student groups producing merchandise for sale that incorporates Stanford's name or marks must comply with licensing and other procedures of the Office of the Vice President for Business Affairs/CFO. Students may use the name of a school, department or other Stanford program outside the University (other than on a resume) only with approval of the appropriate academic officer (dean, department chair, center director, etc.)

f. Registration of Internet Domain Names
No faculty, staff, alumnus, other volunteer or student may register a domain name that incorporates the word "Stanford" or "cardinal" except in accordance with the policies described above concerning use of the name and marks. Domain name registrations incorporating the word "Stanford" or "cardinal" are the property of the Board of Trustees and must be registered as such.

g. Registration of Trademarks
In keeping with its institutional responsibility for trademark protection, the Office of the Vice President for Business Affairs/CFO is responsible for trademark registration, working with the Office of the General Counsel. Faculty, alumni, other volunteers, staff or students seeking to register trademarks in association with University activities must do so by contacting the Office of the Vice President for Business Affairs/CFO. Trademarks registered in connection with any programs, products or services of Stanford University, its schools, departments, centers, alumni or related activities, are owned by the Board of Trustees.

a. License Policy
The Office of the Vice President for Business Affairs/CFO oversees the University's trademark licensing program. Any items offered for sale to the public bearing the Stanford name or marks must be licensed by the University. There are no exceptions. For information on the licensing program, contact the Trademark Associate at (650) 723-3331 or by e-mail at trademarks@stanford.edu.

b. Sellers' Responsibility
University departments, student or alumni groups, or entities having academic or business relationships with the University (e.g., ASSU), or faculty/staff/students/alumni organizations selling items bearing the Stanford name or marks for fundraising or other purposes must acquire such items from a licensed supplier or be licensed if they are self producing the items or using a non-licensed supplier.

c. Design Review
The Office of the Vice President for Business Affairs/CFO reviews the specifications for products bearing the Stanford name and marks and the design incorporating the name and marks prior to licensing.

d. Artwork
Camera-ready artwork of the Stanford name and marks is generally provided as part of the License Agreement.

e. Fees
A percentage of the wholesale value of items sold is charged as a trademark licensing royalty fee. Contact the Trademark Associate at (650) 723-3331 or by e-mail at trademarks@stanford.edu for royalty rate information. Net proceeds from the licensing program are designated for undergraduate student support, including financial aid and other purposes.

f. Give-Away Items
Use of the Stanford name or marks on items not sold to the public (such as giveaway items or for charity events) requires permission from the Office of the Vice President for Business Affairs/CFO and may be subject to a use fee. Contact the Trademark Associate at (650) 723-3331 or by email at trademarks@stanford.edu for further information.

g. Items for Internal Use
Items acquired by a University department or student or other group solely for internal University use generally do not require a license. Please check with The Office of the Vice President for Business Affairs/CFO to determine if a license is required for a specific project.

This Trademark Use Policy of the Leland Stanford Junior University ("Stanford") is provided to licensees of certain designations comprising designs, trademarks, and service marks, including, without limitation, the designations "Stanford," "Stanford University," "Stanford University Medical Center" and other designs, seals, and symbols which have come to be associated with Stanford (the "Stanford Trademarks"). This Trademark Use Policy sets forth the requirements for use of the Stanford Trademarks. Use of the Stanford Trademarks is permitted only pursuant to a written agreement with Stanford that includes a license to the Stanford Trademarks and only as permitted by such written agreement. This Trademark Use Policy sets forth requirements in addition to those set forth in any such written agreement. All name and trademark license agreements must be approved by a University officer with delegated authority, as designated in Section 1.c above.

a. Use of Stanford Trademarks

(1) Trademark Notices
The Stanford Trademarks may be used only in the form and manner and with appropriate legends as prescribed from time to time by Stanford. Upon request, each licensee shall cause to appear with each use of the Stanford Trademarks by means of a tag, label, imprint or other appropriate device or mechanism, such copyright, trademark or service mark notices as Stanford may from time to time, upon reasonable notice, designate. Upon request by Stanford, each licensee shall cause all products bearing the Stanford Marks to bear an "Official Licensed Product" label in a form and manner that Stanford may from time to time, upon reasonable notice, designate.

(2) No Use of Identical or Similar Trademarks; No Combination Marks
The Stanford Trademarks may not be used with any other trademark or in combination with any of the other Stanford Trademarks without the prior written approval of Stanford. No licensee shall alter, modify, dilute or otherwise misuse the Stanford Trademarks.

(3) Goodwill
Stanford is the sole owner of goodwill associated with the Stanford Trademark(s). Licensees shall acknowledge this ownership and the value associated with the Licensed Trademark(s). Licensees shall not apply for trademark registration or otherwise seek to obtain ownership of any Stanford Trademarks, including Internet domain names, anywhere in the world, nor act in any manner or contribute in any way to actions or activities that would adversely affect the value of the goodwill associated with the Stanford Trademarks.

(4) Submission of Uses of Stanford Trademarks
Each licensee shall submit, at the licensee's expense, samples of proposed uses of the Stanford Trademarks prior to any particular use of a Stanford Trademark or other distribution to the public. Stanford shall have the right to object to any use within 5 business days of its receipt of a sample if Stanford reasonably believes that such use of the Stanford Trademark will damage the goodwill of the Stanford Trademark, or if the samples do not meet the requirements of this Trademark Use Policy or the written agreement between Stanford and the licensee relating to such Stanford Trademark. No licensee shall make use of a Stanford Trademark until such particular use has been approved in writing by Stanford.

Licensee shall submit to Stanford for approval samples of all tags, labels, packaging, computer images, Web pages and the like to be used in connection any Licensed Product(s) and to remove therefrom or add thereto any element Stanford may from time to time, upon reasonable notice, designate.

Licensee shall submit to Stanford copies of any advertisements or promotional materials containing Licensed Trademark(s) for Stanford's approval prior to any use thereof, and to remove therefrom either any reference to Licensed Trademark(s) or any element which Stanford may from time to time, upon reasonable notice, designate.

(5) No Sponsorship
No Licensee may state or imply, either directly or indirectly, that the licensee's activities, other than those permitted by written agreement, are supported, endorsed or sponsored by Stanford. Upon the direction of Stanford, a licensee shall issue express disclaimers to that effect.

(6) Notification of Infringement
Each licensee shall promptly inform Stanford of any suspected infringement of any Stanford Trademark by a third party. Stanford shall have the sole right and discretion to enforce the Stanford Trademarks, (subject to specific agreements that impose the costs or other duties of enforcement on third parties).

(7) Quality Control and Review
The Stanford Trademarks may be used with and applied to only those products, services and other materials permitted by the written agreement and only for so long as such products, services and other materials meet Stanford's high standard of quality consistent with the level of quality reflected in Stanford's own products and services. By means of example and not limitation,
   (a) The Stanford Trademarks may not be used on or in connection with any material that is pornographic or otherwise objectionable in the light of Stanford's reputation for quality educational and medical products and services
   (b) The Stanford Trademarks may not be used on or in connection with any material that libels or defames Stanford or any other person or entity
   (c) The Stanford Trademarks may not be used on or in connection with any material that violates any state, federal or foreign law or regulation.

b. Negation of Warranties
Nothing in this Trademark Use Policy shall be construed as a warranty or representation by Stanford (i) as to the validity or scope of the Stanford Trademarks or (ii) that anything made, used, sold or otherwise disposed of under any license granted to the Stanford Trademarks is or will be free from infringement of trademarks, copyrights and other rights of third parties.

c. Termination
Stanford may terminate any written agreement granting a license to the Stanford Trademarks by 90 days' prior written notice to the licensee (unless some other period of time has been designated in writing by the person specifically designated in Section 1.3). If a licensee is in default in royalty payments or providing reports, is in breach of any provision of this Trademark Policy or the licensee's written agreement, or provides any materially false report, Stanford may terminate such licensee's license to use the Stanford Trademarks on 30 days' prior written notice if licensee fails to remedy such default, breach or false report within 30 days after receipt of such notice from Stanford. Any cause of action or claim of Stanford that accrued or will accrue as the result of any breach or default by a terminated licensee and a terminated licensee's obligation to pay accrued or accruable royalties shall survive any such termination.

d. Construction
This Trademark Use Policy shall be read in conjunction with any written agreement between Stanford and a licensee; provided that in the event of any conflict between a provision of this Trademark Use Policy and such written agreement, the express provision set forth in the written agreement shall prevail.

a. Approval Questions
Questions concerning the proper office to approve use of Stanford's name and marks may be directed to the Office of University Communications, the Office of Business Development or the General Counsel. Questions concerning registration of trademarks or Internet domain names incorporating the word "Stanford" may be directed to the Office of the Vice President for Business Affairs/CFO or the General Counsel. For information regarding the use of the Stanford name and marks on courseware distributed by videotape or other media, contact the Vice Provost and Dean for Institutional Planning, Learning, Technology and Extended Education. Please see Name Use Guidelines issued by Trademark Licensing for additional guidance.

b. Trademark Licensing Program
Further information on the use of the registration symbols in conjunction with the registered marks, the use of the names and marks on clothing and other merchandise, license application forms, and sample license agreements may be obtained from the Office of the Vice President for Business Affairs/CFO. Contact the Trademark Associate at (650) 723-3331 or by e-mail at trademarks@stanford.edu.

The following policies include related information:

• Guide Memo 1.4.1: Academic and Business Relationships with Third Parties
• Guide Memo 1.5.1: Political, Campaign and Lobbying Activities
• Research Policy Handbook Chapter 9, Intellectual Property
• Guidelines for the Establishment and Review of Centers at Stanford University, (Committee on Research, Annual Report for 1996-97, Attachment A)
• Conference and Event Policies and Procedures
• Name Use Guidelines from Trademark Licensing

a. Disclosure: "Disclosure" is the release of, transfer of, provision of access to, or other communication of Information outside of the Stanford community.

b. Use: "Use" is the examination, sharing, or other utilization of Information within the Stanford community.

c. Information: "Information" is all Stanford University Prohibited, Restricted and Confidential information, whether in electronic or paper format, defined in Stanford's Data Classification, Access, Transmittal and Storage Guidelines.

d. Guidelines: "Guidelines" refer to the Information Security Office's secure computing guidelines and its Data Classification, Access, Transmittal and Storage Guidelines.

a. General Policy
Stanford should limit the collection, use, disclosure or storage of Information to that which reasonably serves the University's academic, research, or administrative functions, or other legally required purposes. Such collection, use, disclosure and storage should comply with applicable Federal and state laws and regulations, and University policies.

b. Legal and University Process
Notwithstanding the General Policy contained in section 2.a, the University may disclose Information in the course of investigations and lawsuits, in response to subpoenas, for the proper functioning of the University, to protect the safety and well-being of individuals or the community, and as permitted by law.

c. Policies That Apply to Special Categories of Information
Stanford has adopted policies governing certain categories of Information. These policies are listed in this section, 2.c. To the extent that there is a conflict between this Administrative Guide Memo 16.1 and any of these special policies, the special policy will control. For more information about Stanford's compliance with any of the laws and policies referenced below, please contact the University Privacy Officer at privacyofficer@stanford.edu or the individual listed in section 4.b as responsible for compliance.

(1) Prohibited Information, including Social Security Number ("SSN") and Drivers License Number ("DLN")
Stanford should not use an individual's SSN or DLN as a personal identifier unless required by law or approved by Stanford's Vice President for Business Affairs and Chief Financial Officer or the Data Governance Board. Prohibited information, including SSNs and DLNs, may be stored electronically only in compliance with the Guidelines. If Prohibited Information must be stored on paper, the files must be stored securely with access provided only to authorized persons.

(2) Student Records
Students have rights with respect to access to their education records under the Family Educational Rights and Privacy Act of 1974 ("FERPA"). These rights are outlined in the Stanford Bulletin.

(3) Health Information
Individuals have rights with respect to the privacy and security of their health information under Federal and state laws and regulations, including the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). These rights are outlined in Guide Memo 1.6.2 and in the University health information privacy policies that can be found at the HIPAA website.

(4) Human Subjects Research Information
In addition to the rights afforded by HIPAA and other laws related to health information, the Federal Policy for the Protection of Human Subjects ("Common Rule") outlines provisions specific to the privacy of research participants and the confidentiality of their information. The Stanford Research Compliance Office maintains the Human Research Protection Program ("HRPP") that includes the University policies related specifically to human subjects' research information.

(5) Financial Services Records
The Gramm-Leach-Bliley Act ("GLBA") requires that Stanford protect the privacy and security of information collected in the course of providing certain financial services, such as student financial aid or faculty staff housing loans. Stanford has adopted polices to protect this information. These policies are located on the Office of General Counsel's website.

(6) Information Collected in the Course of Electronic Commerce
Some areas of the Stanford website operate commercial enterprises online. Stanford also delivers online service through its network. To comply with the California Online Privacy Protection Act of 2003 when Stanford (or any of its partners) collects personally identifiable consumer information on one of the commercial areas of its website or as the operator of an online service, it will conspicuously post either a privacy policy or a link to a privacy policy on the portal page for the commercial activity. This policy will:

(a) Identify the categories of personally identifiable information collected through the commercial portions of its website or through its online service;
(b) Identify the categories of third-parties with whom Stanford may share that personally identifiable information;
(c) Provide a description of how an individual may request changes to their personally identifiable information collected through the Web site or online service and retained by Stanford, if any process exists;
(d) Describe the process by which Stanford will notify users of the commercial portion of Stanford's website or its online service of material changes to the Stanford's privacy policy for that portion of the website or online service (it is sufficient to say that the policy will be updated online); and
(e) Identify the effective date of the privacy policy and all updates.

d. Confidentiality Agreement
Members of the Stanford community are subject to the Confidentiality and Privacy provisions set forth in Section 3 of the Code of Conduct contained in Administrative Guide Memo 1. As a reminder of Stanford's commitment to privacy, students, faculty, staff and other members of the workforce may be asked to sign a confidentiality statement based on the Code of Conduct and this privacy policy. Failure to sign such a statement in no way diminishes the obligation to uphold Stanford's policies.

e. Training
Departments within Stanford University are responsible for ensuring that all members of their workforce (including, among others, faculty, staff, students, consultants and volunteers) receive appropriate training on Stanford's privacy and security policies to the extent necessary and appropriate for them to carry out their required job functions. Departments will maintain adequate records of workforce training, which will be provided upon request by the Office of the General Counsel, the University Privacy Officer, the Chief Information Security Officer, Internal Audit, Human Resources or other University official with a reasonable Stanford-related need for the information.

a. General Policy
Stanford respects and values the privacy of its faculty, students and staff and will not monitor its community members without cause except as required by law or as permitted by the policies and agreement referenced below:

• Computer and Network Usage. See section 2.c in Guide Memo 6.2.1: Computer and Network Usage Policy.
• Library Circulation Records. See Stanford University Libraries policy on Disclosure of Borrower Information.
• University Student Housing. See Stanford residence agreement terms for limited circumstances in which student residences may be accessed.

b. Photography and Recording on Campus
In order to protect the privacy of the Stanford community, photographs, video recordings and other recordings may be made only in accordance with University policies on campus photography.

c. Visitors on Campus
The University is private property; however, some areas of the campus typically are open to visitors. These areas include White Plaza, public eating areas, retail establishments, outdoor and indoor guided touring areas, roads, walkways, designated parking areas and locations to which the public has been invited by advertised notice (such as for public educational, cultural, or athletic events). Even in these locations, visitors must not interfere with the privacy of students, postdoctoral scholars, faculty, lecturers/instructors, and staff, or with educational, research, and residential activities. The University may revoke at any time permission to be present in these, or any other areas. Visitors should not be inside academic or residential areas unless they have been invited for appropriate business or social purposes by the responsible student, post doctoral scholar, faculty member, lecturer/instructor, or staff member.

a. University Privacy Officer
The University shall have a Privacy Officer who is responsible for:
(1) Interpreting this Administrative Guide Memo 1.6.1;
(2) Providing advice with a view to encouraging compliance with all privacy laws and regulations, improving privacy practices, and resolving problems;
(3) Establishing privacy policies and procedures in areas not covered by section 5.c below.
(4) Recommending privacy policy and policy changes in all areas related to privacy at Stanford;
(5) Chairing the Data Governance Board; and
(6) Facilitating special privacy-related situations.

In order to discharge these responsibilities, the University Privacy Officer will collaborate with Stanford's Chief Information Security Officer, the General Counsel, other University privacy officials and other University administration, as appropriate.

b. Establishing Privacy Policies and Procedures
The University has designated certain officials with primary responsibility for establishing policies and procedures governing University compliance with certain specific privacy laws and regulations:

• FERPA. The University Registrar has primary responsibility for establishing policies and procedures related to compliance with the Family Educational Rights and Privacy Act.
• HIPAA. The University Privacy Officer has primary responsibility for establishing policies and procedures related to compliance with the Health Insurance Portability and Accountability Act of 1996 for Stanford's Affiliated Covered Entity;
• GLBA. The University Privacy Officer has primary responsibility for establishing policies and procedures related to compliance with the Gramm-Leach-Bliley Act.

c. Information Custodians and System Owners
Each individual who retains custody of Information, and each system owner, is responsible for the application of this Guide Memo1.6.1 and all related University policies to the systems and Information under their care or control.

a. Failure to follow proper policies and procedures concerning access, storage and transmission of Information may result in sanctions and disciplinary action up to and including termination of employment, referral to Judicial Affairs or other applicable administrative process.

b. Members of the Stanford community who believe that these policies have been violated should report such violations to the University Privacy Officer, Office of the University Ombuds, Internal Audit or Office of the General Counsel. Complaints or concerns may also be reported anonymously by calling the University Compliance Officer at (650) 721-2667 or reporting it online.

c. Any School or Department found to have violated this policy may be held accountable for the financial penalties and remediation costs that are a direct result of this failure.

a. State of California Constitution, Article 1

b. The Family Educational Rights and Privacy Act of 1974 (FERPA) (also known as the Buckley Amendment) 20 U.S.C. § 1232g; 34 C.F.R. § 99.1 et seq.

c. The Gramm-Leach-Bliley Act 15 U.S.C. § 6801 et seq., 16 CFR § 313.1 et seq.(privacy)16 CFR § 314.1 et seq. (safeguarding)

d. Health Insurance Portability and Accountability Act of 1996 (HIPAA) (Pub. Law 104-191) and HIPAA regulations, including but not limited to the HIPAA Privacy Rule and HIPAA Security Rule, 42 CFR Parts 160, 162, 164

e. Health Information Technology for Economic and Clinical Health (HITECH) Act (H.R.1, 2009, Sec. 13001 et seq.) and related regulations, including but not limited to:

• Breach Notification interim final rule: 74 Fed. Reg. 42740 (2009)
• Enforcement Interim Final Rule: 74 Fed. Reg. 56123 (2009)

f. California breach notification law (businesses), CA Civ. Code 1798.8

g. Confidentiality of Medical Information Act, CA Civil Code 56 et seq.

h. Employee Health Information Privacy, CA Civ. Code 56.20

i. Lanterman Petris Short Act, CA W&I Code 5328 et seq.

j. Patient Access to Health Records Act, CA H&S 123100-123149.5

k. HIV Privacy, CA H&S 121010 et seq., 121075 et seq., CA Penal Code 12020.1, 1524.1

a. Applicability and Sanctions for Policy Violations
This policy applies to all students, faculty and staff of Stanford University, as well as others who participate in Stanford programs and activities. Its application includes Stanford programs and activities both on and off-campus, including overseas programs. Individuals who violate this policy are subject to discipline up to and including discharge, expulsion and/or other appropriate sanction or action.

b. Respect for Each Other
Stanford University strives to provide a place of work and study free of sexual harassment, intimidation or exploitation. It is expected that students, faculty, staff and other individuals covered by this policy will treat one another with respect.

c. Prompt Attention
Reports of sexual harassment are taken seriously and will be dealt with promptly. The specific action taken in any particular case depends on the nature and gravity of the conduct reported and may include intervention, mediation, investigation and the initiation of grievance and disciplinary processes. Where sexual harassment has occurred, the University will act to stop the harassment, prevent its recurrence, and discipline and/or take other appropriate action against those responsible.

d. Confidentiality
The University recognizes the importance of confidentiality. Sexual harassment advisers and others responsible for implementing this policy will respect the confidentiality and privacy of individuals reporting or accused of sexual harassment to the extent reasonably possible. Examples of situations where confidentiality cannot be maintained include circumstances when the law requires disclosure of information and when disclosure required by the University outweighs protecting the rights of others.

e. Protection Against Retaliation
Retaliation and/or reprisals against an individual who in good faith reports or provides information about behavior that may violate this policy are against the law and will not be tolerated. However, intentionally making a false report or providing false information is grounds for discipline.

f. Relationship to Freedom of Expression
Stanford is committed to the principles of free inquiry and free expression. Vigorous discussion and debate are fundamental to the University, and this policy is not intended to stifle teaching methods or freedom of expression generally, nor will it be permitted to do so. However, sexual harassment is neither legally protected expression nor the proper exercise of academic freedom. It compromises the integrity of the University, its tradition of intellectual freedom and the trust placed in its members.

g. Required Training
In compliance with California Government Code Section 12950.1, all supervisors who are employed by Stanford are required to participate in a minimum 2-hour sexual harassment training at least every two years. Details on who is included and how this requirement can be met are located on the Sexual Harassment Policy Office website. Further, Stanford may require sexual harassment training of non-supervisory employees in appropriate circumstances. All new employees who are not faculty and who do not supervise other workers will be provided Harassment Prevention Training for New Non-Supervisory Staff generally within six months of hire. Participants will learn how to recognize sexual harassment in the workplace and about campus resources. Registration is through Axess on the STARS /Training Tab: https://axess.stanford.edu.

Unwelcome sexual advances, requests for sexual favors, and other visual, verbal or physical conduct of a sexual nature constitute sexual harassment when:
a. It is implicitly or explicitly suggested that submission to or rejection of the conduct will be a factor in academic or employment decisions or evaluations, or permission to participate in a University activity, OR

b. The conduct has the purpose or effect of unreasonably interfering with an individual's academic or work performance or creating an intimidating or hostile academic, work or student living environment.

Determining what constitutes sexual harassment depends on the specific facts and context in which the conduct occurs. Sexual harassment may take many forms; subtle and indirect or blatant and overt. For example, it may:

• Be conduct toward an individual of the opposite sex or the same sex.
• Occur between peers or between individuals in a hierarchical relationship.
• Be aimed at coercing an individual to participate in an unwanted sexual relationship or it may have the effect of causing an individual to change behavior or work performance.
• Consist of repeated actions or may even arise from a single incident if sufficiently egregious.

The University’s Policy on Sexual Misconduct and Sexual Assault (see Guide Memo 1.7.3), may also apply when sexual harassment involves unwanted physical contact. Under Title IX, sexual violence (sexual misconduct and sexual assault) is a severe form of sexual harassment.

Use these resources for additional information:

• For information, consultation, advice or to lodge a complaint, contact the Sexual Harassment Policy Office at 556 O’Connor Lane, Griffin Drell Residence, Room 101 Stanford, CA 94305-8210, (650) 724-2120; email to harass@stanford.edu. Note:Anonymous inquiries can be made to the SHPO by phone during business hours.
• The Sexual Harassment Policy Office web page at http:/harass.stanford.edu.
• Any designated Sexual Harassment Adviser or resource person listed in Sections 3.a or 5.a.
• For incidents involving students, Mark Zunich, Acting Title IX Coordinator at (650) 497-4955, titleix@stanford.edu, Non-discrimination Resources. 

The following are the primary methods for dealing with sexual harassment at Stanford. There is no requirement to follow these options in any specific order. However, early informal methods are often effective in correcting questionable behavior.

a. Consultation
Consultation about sexual harassment is available from the Sexual Harassment Policy Office, Sexual Harassment Advisers including residence deans, human resources managers, employee relations specialists, counselors at Counseling and Psychological Services (CAPS) or the Faculty & Staff Help Center, deans at the Office for Religious Life at Memorial Church, the Ombuds and others. A current list of Sexual Harassment Advisers is available from the Sexual Harassment Policy Office and at Sexual Harassment Advisers. Consultation is available for anyone who wants to discuss issues related to sexual harassment, whether or not "harassment" actually has occurred or the person seeking information is a complainant, a person who believes his/ her own actions may be the subject of criticism (even if unwarranted), or a third party.

Often there is a desire that a consultation be confidential or "off the record." This can usually be achieved when individuals discuss concerns about sexual harassment without identifying the other persons involved, and sometimes even without identifying themselves. Confidential consultations about sexual harassment also may be available from persons who, by law, have special professional status, such as:

• Counselors at Counseling and Psychological Services (CAPS),
• Counselors at the Faculty & Staff Help Center, 
• Deans at the Office for Religious Life at Memorial Church
• The University Ombuds, 
• The Medical Center Ombuds

In these cases, the level of confidentiality depends on what legal protections are held by the individual receiving the information and should be addressed with them before specific facts are disclosed. For more information see http://harass.stanford.edu/help/resources. For further information on confidentiality, see Section 1(d).

b. Student Processes

(1) Administrative Review
Students who believe they are the target of sexual harassment and who would like administrative remedies to end the unwanted conduct, should bring forward a concern to the Title IX Coordinator.  The Title IX Coordinator will review the concern under the Title IX Student Sexual Harassment, Sexual Assault, Sexual Misconduct, Relationship (Dating) Violence and Stalking Policy and Procedures.

Mediation between parties is generally not available in cases of sexual harassment involving students.

Students may confer with, Mark Zunich, Acting Title IX Coordinator at (650) 497-4955, titleix@stanford.edu.

(2) Disciplinary Process
Students who believe they are the target of sexual harassment may file a disciplinary complaint against another student in the Office of Community Standards, which will be reviewed under the Alternate Review Process.

Students are subject to the Fundamental Standard.  Sanctions, for students found responsible for such a violation, range from a formal warning to expulsion from the University.

Students may confer with, Jamie Hogan, Associate Director, Office of Community Standards, jphogan@stanford.edu.

c. Faculty & Staff Processes

(1) Direct Communication
An individual may act on concerns about sexual harassment directly, by addressing the other party in person, or writing a letter describing the unwelcome behavior and its effect and stating that the behavior must stop. A Sexual Harassment Adviser can help the individual plan what to say or write, and likewise can counsel persons who receive such communications. Reprisals against an individual who in good faith initiates such a communication violate this policy.

(2) Third Party Intervention
Depending on the circumstances, third party intervention in the workplace or academic setting may be attempted. Third party may be the Sexual Harassment Advisers, human resources professionals, the Ombuds, other faculty or staff, or sometimes a mediator unrelated to the University. When third party intervention is used, typically the third party(ies) meets privately with each person involved, tries to clarify their perceptions and attempts to develop a mutually acceptable understanding that can insure the parties are comfortable with their future interactions. Other processes, such as a mediated discussion among the parties or with a supervisor, may also be explored in appropriate cases. Possible outcomes of third party intervention include explicit agreements about future conduct, changes in workplace assignments or other relief, where appropriate.

(3) Formal Grievance, Appeal and Disciplinary Processes
Grievance, appeal or disciplinary processes may be pursued as applicable.

(4) Grievances and Appeals
The applicable procedure depends on the circumstances and the status of the person bringing the charge and the person against whom the charge is brought. Generally, the process consists of the individual's submission of a written statement, of fact-finding process or investigation by a University representative, followed by a decision and, in some cases, the possibility of one or more appeals, usually to Stanford administrative officers at higher levels. The relevant procedure (see below) should be read carefully, since the procedures vary considerably. If the identified University fact-finder or grievance officer has a conflict of interest, an alternate will be arranged. The Director of the Sexual Harassment Policy Office or the Directors of Employee & Management Services can help assure that this occurs.

In most cases, grievances and appeals must be brought within a specified time after the action in question. While informal resolution efforts will not automatically extend the time limits for filing a grievance or appeal, in appropriate circumstances the complainant and the other relevant parties may mutually agree in writing to extend the time for filing a grievance or appeal.

A list of the grievance and appeal procedures are located online or from the Sexual Harassment Policy Office.

• For staff, refer to Guide Memo 2.1.11: Grievance Policy, or Frequently Asked Questions on the grievance process.
• For Academic Staff-Librarians and Academic Staff-Research Associates, refer to the Research Policy Handbook at Grievance Procedure: Academic Staff.

(5) Disciplinary Procedures
In appropriate cases, disciplinary procedures may be initiated. The applicable disciplinary procedure depends on the status of the individual whose conduct is in question. Faculty members are subject to the Statement on Faculty Discipline.

a. Investigations
If significant facts are contested, an investigation may be undertaken. The investigation will be conducted in a way that respects, to the reasonable extent possible bearing in mind the safety of the campus community, the privacy of all of persons involved. In appropriate cases, professional investigators may be asked to assist in the investigation. The results of the investigation may be used in the third party intervention process or in a grievance or disciplinary action.

b. Record keeping
The Sexual Harassment Policy Office will track reports of sexual harassment for statistical purposes and report at least annually concerning their number, nature and disposition to the University President through the Dean of Research.

The Sexual Harassment Policy Office may keep confidential records of reports of sexual harassment and the actions taken in response to those reports, and use them for purposes such as to identify individuals or departments likely to benefit from training so that training priorities can be established. No identifying information will be retained in cases where the individual accused was not informed that there was a complaint.

c. Indemnification and Costs
The question sometimes arises as to whether the University will defend and indemnify a Stanford employee accused of sexual harassment. California law provides, in part, "An employer shall indemnify [its] employee for all that the employee necessarily expends or loses in direct consequence of the discharge of his/her duties as such..." The issue of indemnification depends on the facts and circumstances of each situation. Individuals who violate this policy, however, should be aware that they and/or their schools, institutes, or other units may be required to pay or contribute to any judgments, costs and expenses incurred as a result of behavior that is wrongful and/or contrary to the discharge of the employee's duties. In general, see Admin Guide Memo 2.4.6.

a. Advice
Persons who have concerns about sexual harassment should contact the Sexual Harassment Policy Office, any Sexual Harassment Adviser or one of the other individuals listed below. Reports should be made as soon as possible. The earlier the report, the easier it is to investigate and take appropriate remedial action. When reports are delayed for a long period, the University will try to act to the extent it is reasonable to do so, but it may be impossible to achieve a satisfactory result after much time has passed.

Likewise, anyone who receives a report or a grievance involving sexual harassment should promptly consult with the Sexual Harassment Policy Office or with a Sexual Harassment Adviser.

There are a number of individuals specially trained and charged with specific responsibilities in the area of sexual harassment. In brief, they are:

• Sexual Harassment Advisers, serve as resources to individuals who wish to discuss issues of sexual harassment, whether because they have been harassed or because they want information about the University's policy and procedures. There is usually at least one Adviser assigned to each of the schools at the University and to each large work unit. Most of the residence deans also have been appointed as Sexual Harassment Advisers. Advisers are also authorized to receive complaints.
• The Director of the Sexual Harassment Policy Office is responsible for the implementation of this policy. The Director's Office also provides advice and consultation to individuals when requested; receives complaints and coordinates their handling; supervises the other Advisers; encourages and assists prevention education for students, faculty and staff; keeps records showing the disposition of complaints; and generally coordinates matters arising under this policy. Because education and awareness are the best ways to prevent sexual harassment, developing awareness, education and training programs and publishing informational material are among the most important functions of the Sexual Harassment Policy Office.
• As stated previously, individuals with concerns about sexual harassment may also discuss their concerns informally with psychological counselors (for example through CAPS or the Faculty & Staff Help Center), chaplains (through the Memorial Chapel), or the University or Medical School Ombudsperson. For more information, go to http://www.stanford.edu/dept/shpo/resources.html.
• Title IX Coordinator: Students may confer with Mark Zunich, Acting Title IX Coordinator, at (650) 497-4955, titleix@stanford.edu.

b. External Reporting
Sexual harassment is prohibited by state and federal law. In addition to the internal resources just described, individuals may pursue complaints directly with the government agencies that deal with unlawful harassment and discrimination claims, e.g., the U.S. Equal Employment Opportunity Commission (EEOC), the Office for Civil Rights (OCR) of the U.S. Department of Education, and the State of California Department of Fair Employment and Housing (DFEH). These agencies are listed in the Government section of the telephone book. A violation of this policy may exist even where the conduct in question does not violate the law.

This policy went into effect on October 6, 1993, and amended November 30, 1995, May 30, 2002, August 30, 2012, June 11, 2013 and December 6, 2013. It is subject to periodic review, and any comments or suggestions should be forwarded to the Director of the Sexual Harassment Policy Office.

Acts of sexual misconduct, stalking and relationship (dating or domestic) violence (collectively “Prohibited Sexual Conduct”) are not tolerated at Stanford University. The University investigates or responds to reports of Prohibited Sexual Conduct under circumstances in which the accused person (responding party) is subject to this policy and (i) the individual who believes he or she has experienced the Prohibited Sexual Conduct (impacted party) is a student, faculty, staff member or program participant and there is a connection between the allegations and University programs or activities; or (ii) investigation and response are necessary for the proper functioning of the University, including the safety of the University community or preservation of a respectful and safe climate at the University. Students, faculty and staff found to be in violation of this policy will be subject to discipline up to and including termination, expulsion or other appropriate institutional sanctions; affiliates and program participants may be removed from University programs and/or prevented from returning to campus.

A comprehensive University web page dedicated to sexual violence awareness, prevention, response and support for those who have experienced sexual violence can be found at NotAlone.Stanford.edu. The web page contains a list of resources and describes reporting options. Resources are also provided at the end of this policy in Section 16 and at and at titleix.stanford.edu.

Prohibited Sexual Conduct is the umbrella term that Stanford uses to collectively define different types of misconduct relating to assault, violence or exploitation of a sexual nature, or connected to an intimate relationship. Prohibited Sexual Conduct includes Sexual Misconduct, Sexual Assault, Stalking, and Relationship (dating or domestic) Violence. Under federal law, Prohibited Sexual Conduct is a severe form of sexual harassment. (See Administrative Guide Memo 1.7.1 for more information regarding Sexual Harassment and Administrative Guide Memo 1.7.2 for information about Consensual Sexual or Romantic Relationships in the Workplace and Educational Setting.)

a. What is Sexual Misconduct?
Sexual misconduct is the commission of a sexual act, whether by a stranger or nonstranger and regardless of the gender of any party, which occurs without indication of consent.

1. The following acts or attempted acts can be the subject of a Sexual Misconduct or Sexual Assault charge:
a) vaginal or anal intercourse;
b) digital penetration;
c) oral copulation; or
d) penetration with a foreign object

2.  Additional Acts of Sexual Misconduct
The following completed acts can be the subject of a Sexual Misconduct charge:
a) unwanted touching or kissing of an intimate body part (whether directly or through clothing); or
b) recording, photographing, transmitting, viewing or distributing intimate or sexual images without the knowledge and consent of all parties involved.

b. What is Sexual Assault?
Sexual Assault is an act described in Section 3.a.1 accomplished by use of (i) force, violence, duress or menace; or (ii) inducement of incapacitation or knowingly taking advantage of an incapacitated person.

Definitions of force, violence, duress or menace
The following definitions (drawn from California law) inform whether an act was accomplished by force, violence, duress or menace:

• An act is accomplished by force if a person overcomes the other person’s will by use of physical force or induces reasonable fear of immediate bodily injury.
• Violence means the use of physical force to cause harm or injury.
• Duress means a direct or implied threat of force, violence, danger, hardship, or retribution that is enough to cause a reasonable person of ordinary sensitivity to do or submit to something that he or she would not otherwise do or submit to. When deciding whether the act was accomplished by duress, all the circumstances, including the age of the impacted party and his or her relationship to the responding party, are relevant factors.
• Menace means a threat, statement, or act showing intent to injure someone.

c. What is Consent?
Consent is an affirmative act or statement by each person that is informed, freely given and mutually understood. It is the responsibility of each person involved in a sexual activity to ensure that he or she has the affirmative consent of the other or others to engage in the sexual activity. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. Lack of protest or resistance does not mean consent, nor does silence mean consent. Consent to one act by itself does not constitute consent to another act. The existence of a dating relationship between the persons involved, or the fact of past sexual relations, should never by itself be assumed to be an indicator of consent. Whether one has taken advantage of a position of influence over another may be a factor in determining consent.

d. What is Incapacitation?
Incapacitation means that a person lacks the ability to voluntarily agree to sexual activity because the person is asleep, unconscious, under the influence of an anesthetizing or intoxicating substance such that the person does not have control over his/her body, is otherwise unaware that sexual activity is occurring, or is unable to appreciate the nature and quality of the act.  Incapacitation is not the same as legal intoxication.

A party who engages in sexual conduct with a person who is incapacitated under circumstances in which a reasonable sober person in similar circumstances would have known the person to be incapacitated is responsible for sexual misconduct.  It is not a defense that the responding party’s belief in affirmative consent arose from his or her intoxication.

d. Stranger Assault and Nonstranger Assault
For the purposes of this policy, a nonstranger is someone known to the impacted party, whether through a casual meeting or through a longstanding relationship, including a dating or domestic relationship. A stranger is someone unknown to the impacted party at the time of the assault. While California law requires universities to describe how a school will respond to instances of stranger and nonstranger assaults, Stanford applies the same policies for both stranger and nonstranger assaults.

f. Sexual Harassment
The above examples of conduct of a sexual nature may also violate the University’s sexual harassment policy. In addition, unwelcome conduct of a sexual nature involving less severe acts still may violate the University’s sexual harassment policy. See Guide Memo 1.7.1: Sexual Harassment.

Stalking is the repeated following, watching or harassing of a specific person that would cause a reasonable person to (a) fear for his or her safety or the safety of others, or (b) suffer substantial emotional distress.

Relationship violence, including dating and domestic violence, is physical violence relating to a current or former romantic or intimate relationship regardless of the length of the relationship or gender/gender identity of the individuals in the relationship, including conduct that would cause a reasonable person to be fearful for his or her safety.

If you or someone you know has experienced Prohibited Sexual Conduct, here are some steps to consider:

a. If you are in immediate danger, or if you believe there could be an ongoing threat to the community, please call 911 or 9-911 from a campus phone.

b. Get to a safe place and speak to a confidential resource.  Confidential resources have special legal protection and will not share your name or personal information with anyone.  They are able to provide for your immediate mental well-being and to discuss your options with you.  A complete list of confidential resources is provided in Section 16.

1. For students, Stanford University Confidential Sexual Assault Counselors are available 24 hours a day: Office: (650) 736-6933. After Hours Hotline: (650) 725-9955.
2. Counseling and Psychological Services (CAPS) at (650) 723-3785.

3. For all University community members, the YWCA Rape Crisis Hotline is available 24 hours a day at (650) 493-7273 or (408) 287-3000.

c. You are encouraged to seek medical attention and a medical-legal examination for evidence collection purposes. Please see Section 11 for information about medical resources.

d. You are encouraged to contact the police, although you are not required to make a report to the police. Stanford has its own Department of Public Safety, which you can reach at (650) 723-9633, for assistance and support.  University officials also will assist you in contacting local law enforcement authorities, if you request assistance.  If you believe that there is an ongoing threat to your safety from a particular individual, you may request an Emergency Protective Restraining Order from a California police officer. Please see Section 16 for more information about restraining order options.

e. If you are able, you are encouraged to write down what you remember about the incident. (You might also ask a friend to help you.) If possible, record information in a chronological order including details, such as names of the accused and witnesses, time-estimates and locations. This record will assist you in recalling the event later and might assist you in any further process, such as speaking to the police, doctors or University staff.

f. Students in need of immediate University assistance or interim accommodations should contact the resources listed here; Stanford provides 24-hour assistance.  Please note that requesting interim safety measures or accommodations (e.g., housing or academic) will result in a formal notification to the University. For an immediate No Contact Order, a temporary housing accommodation or similar urgent assistance, contact:

During business hours:
Mark Zunich, Acting Title IX Coordinator, 2nd Floor, Mariposa House, 585 Capistrano Way, Stanford, (650) 497-4955, titleix@stanford.edu. The Title IX Coordinator will coordinate with appropriate staff.

Undergraduate students during regular business hours call:
(650) 725-2800, for Residence Deans or other residential house staff. If there is no answer or if you have an urgent, after-hours issue, contact the campus operator at (650) 723-2300 and ask to be connected to the undergraduate Residence Dean on call.

Graduate students during regular business hours call:
(650) 736-7078, for a Graduate Life Office Dean.  If there is no answer or if you have an urgent, after-hours issue, call the 24-hour pager: (650) 723-8222, pager ID 25085.

g. Employees in need of University assistance relating to employment responsibilities or interim accommodations should contact the Sexual Harassment Policy Office at (650) 724-2120, harass@stanford.edu, a Human Resources Representative or a Sexual Harassment Adviser at harass.stanford.edu/help/advisers. Please note that requesting interim measures or accommodations will result in a formal notification to the University.

a.  Where to Report
Reports of Prohibited Sexual Conduct relating to students, either as the Impacted Party or as the accused party, should be reported to:

• Mark Zunich, Acting Title IX Coordinator, titleix@stanford.edu, (650) 497-4955
• All other reports should be made to the Sexual Harassment Policy Office:
  Sexual Harassment Policy Office, harass@stanford.edu, (650) 724-2120

b.  What to Report
For University staff members who are required to report Prohibited Sexual Conduct, the following information (if known) should be provided:
• Name of Impacted Party
• Name of Responding Party (if known)
• Date of the incident
• Date of report
• To whom report was made
• Location of the incident (be specific: not "Responding Party’s room" but “RP’s room in Stern Hall" or "off-campus in downtown Palo Alto")
• Time of the incident
• Nature of the conduct (be as specific as possible, identify the category(ies) of Prohibited Sexual Conduct - sexual misconduct, sexual assault, stalking, relationship violence; and also specific allegations: e.g., sexual misconduct, IP awoke to RP touching her breasts without permission.)

c.  Who Must Report
Except for University-recognized confidential resources, the following University staff members (including student staff members) with knowledge of unreported concerns relating to Prohibited Sexual Conduct are required to report such allegations to the Title IX Coordinator (for students) or the Sexual Harassment Policy Office (for all other reports): (i) supervisors; (ii) staff within: (a) Residential Education; (b) Vice Provost for Student Affairs; (c) Vice Provost for Undergraduate Education; (d) Vice Provost for Graduate Education; and (iii) staff who have responsibility for working with students in the following capacities: teaching; advising; coaching or mentoring. Reporting by these individuals is required regardless of whether impacted party has or has indicated they will contact the appropriate office.

The University urges an individual who has been subjected to Prohibited Sexual Conduct to make an official report, whether or not he/she intends at that time to seek criminal or civil redress or pursue internal disciplinary measures. A report of the matter will be dealt with promptly and equitably. The University will not discipline reporting parties or witnesses for drug and alcohol violations (relating to voluntary ingestion) or similar Fundamental Standard (not Honor Code) offenses that do not place the health or safety of any other person at risk.

a.  Administrative (Non-Disciplinary) Response & Investigation
Upon notice of any concern regarding Prohibited Sexual Conduct, the University will promptly assess the situation and respond, including instituting any interim safety measures or accommodations necessary to ensure the safety of the Impacted Party and the Stanford Community.  The University will first assess whether an investigation will be conducted; that is, whether the allegation(s), if true, would rise to the level of Prohibited Sexual Conduct and, if so, whether a formal investigation is appropriate under the circumstances, taking into account the Impacted Party’s request for confidentiality.  The decision-makers to assess whether to move forward to an investigation are:  for all matters in which a student is either an Impacted Party or respondent, the Title IX Coordinator; for matters in which no student is involved and the respondent is faculty, the cognizant dean or program director; for matters in which no student is involved and the respondent is staff, Human Resources; faculty and staff decision-makers should confer with the Sexual Harassment Policy Office.

In instances in which the University determines to move forward to an investigation, each party will have the same opportunities within the process including: written notice of the concern, an opportunity to respond and be interviewed, and an opportunity to identify relevant witnesses and evidence.  Investigations of Prohibited Sexual Conduct will be timely and equitable.  The University will review relevant information.  While corroborating evidence of accounts is helpful, it is not always available and the credible account of one party can be sufficient to establish a fact. The University makes good faith efforts to complete investigations under Title IX in a 60 day timeframe, although extensions may be appropriate in some matters.  Investigations of allegations of Prohibited Sexual Conduct may be conducted by the Title IX Coordinator or her trained designee, by a Human Resources or trained Sexual Harassment Adviser in consultation with the Sexual Harassment Policy Office and the Title IX Office, or by outside resources, depending upon who the parties are and the nature of the conduct alleged. All cases involving students will be investigated in consultation with the Title IX Office. The standard of proof for all determinations of Prohibited Sexual Conduct during an administrative review process is preponderance of the evidence, that is, the conduct more likely than not occurred. Appeal rights are as provided in specifically applicable policies:

• Student-Related Matters. Student-related Prohibited Sexual Conduct will be investigated under the Title IX Sexual Harassment, Sexual Assault, Sexual Misconduct, Relationship (Dating) Violence and Stalking Administrative Policy and Procedures, whether the accused (Responding Party) is a student, faculty or staff member, post-doctoral scholar or third party. Both parties have the right to appeal. 
• Staff Investigations. Following an investigation, a staff member may file a grievance under Guide Memo 2.1.11: Grievance Policy.
• Senior Staff. Following an investigation, a staff member may seek administrative review as provided in Guide Memo 2.1.14: Senior Staff.
• Employees covered by collective bargaining agreements. Please refer to Labor Relations & Collective Bargaining.
• Trial period, casual or temporary employees. Following an investigation, an employee may seek administrative review under Guide Memo 2.1.19:  Administrative Review Policy.
• Academic Staff–Librarians and Academic Staff–Research Associates. Following an investigation, please refer to the Research Policy Handbook at Grievance Procedure: Academic Staff.
• Faculty. Please refer to the Faculty Handbook.

b. Administrative (Non-Disciplinary) Accommodations and Safety Measures

1. Administrative measures available to the University
The University will take steps to prevent the recurrence of Prohibited Sexual Conduct through safety measures and will redress its effects through appropriate accommodations. The University in implementing such measures and accommodations will seek to minimize the impact and burden on the involved parties consistent with protecting the well-being of the involved parties and the community. To the extent reasonable and feasible, the University will consult with the Impacted Party and the Responding Party in determining accommodations and safety measures. Appropriate interim or permanent measures may include:
i.     Housing accommodations
ii.    Counseling services
iii.   Academic accommodations
iv.   No contact directives, stay-away letters, or campus bans
v.    Escorts
vi.   Limitation on extracurricular or athletic activities
vii.  Removal from University community
viii. Referral to University disciplinary process
ix.   Review or revision of University policies or practices
x.    Training
xi.   Climate surveys

2. Obtaining Interim Measures
When the University has notice of an allegation of Prohibited Sexual Conduct, a qualified University staff member (such as a Graduate Life Dean, Residence Dean, Residence Fellow, Dean of Student Life, HR Manager, cognizant Dean, Title IX Coordinator or Deputy Title IX Coordinator) may impose interim accommodations or safety measures, which will generally remain in effect throughout the duration of the University investigation. In imposing interim measures, a qualified University staff member should consult with the Title IX Coordinator (for students) or the Sexual Harassment Policy Office (for staff or faculty). Interim Measures may include the same safety measures or accommodations provided above in section b.1. 

3.  Potential Accommodations in the Event of No Investigation
Even if the University decides not to confront the Responding Party because of the Impacted Party’s request for confidentiality, the University may pursue other reasonable steps to limit the effects of the Prohibited Sexual Conduct as feasible and reasonable in light of the Impacted Party’s request for confidentiality. The University’s response may be limited, however, by a request for confidentiality.

c.  Disciplinary & Corrective Action Processes
The University has processes that focus on the imposition of discipline (students and faculty) or corrective action (staff) for individuals found responsible for violating the Fundamental Standard or a University Policy.

1. Student Discipline
Alternate Review Process, Office of Community Standards. An act of Prohibited Sexual Conduct is a violation of the Fundamental Standard governing student behavior.

The Office of Community Standards (650-725-2485) investigates all formal disciplinary complaints of student misconduct, including allegations of Prohibited Sexual Conduct, and files formal charges if the evidence supports the allegation. The Alternate Review Process is the disciplinary process at Stanford designed specifically to consider allegations of Prohibited Sexual Conduct with specially trained reviewers. Sanctions, for students found responsible for such a violation, range from a formal written warning, suspension for a period of time, or expulsion from the University. Mediation between parties is not available for cases of sexual assault or misconduct.

Stanford processes guarantee that the rights of students, including those of the Responding Party, are protected. The Impacted Party and the Responding Party may each choose to be accompanied by a person of his or her choice (a support person) at all stages of the disciplinary process. Both parties have the right to an appeal. The standard of review is preponderance of the evidence (i.e., more likely than not the alleged misconduct occurred) and both parties will be notified of the outcome in disciplinary matters.  For more information, please see the process and procedures governing student disciplinary cases involving Prohibited Sexual Conduct.

2. Faculty & Staff Discipline/Corrective Action
For faculty and staff, violations of this policy are addressed according to applicable faculty and staff personnel policies. Employees in a collective bargaining unit are covered by policies in the applicable agreement.  When violations are found, possible sanctions range from censure to dismissal from the University.  For more specific information, please see the following resources:

• Addressing Conduct and Performance Issues (staff), Administrative Guide 2.1.16, and the policies described above in Section 9.a. above.
• Faculty Handbook—Statement on Faculty Discipline (faculty).

The University will make reasonable and appropriate efforts to preserve an individual's privacy and to protect the confidentiality of information. However, because of laws relating to reporting and other state and federal laws, the University cannot guarantee confidentiality relating to incidents of Prohibited Sexual Conduct except where those reports are privileged communications to Confidential Resources. (See below.) Exceptions to maintaining confidentiality are set by law; for example, physicians and nurses who treat any physical injury sustained during a sexual assault are required to report it to law enforcement. Also, physicians, nurses, psychologists, psychiatrists, teachers and social workers must report a sexual assault committed against a person under age 18.

Except for Confidential Resources, information shared with other individuals is not legally protected from being disclosed. If the individual requests confidentiality, the University’s ability to respond may be limited, including pursuing discipline or administrative remedies against the accused, although, where feasible, the University will take reasonable steps to prevent Prohibited Sexual Conduct and limit its effects. It is not always possible to provide confidentiality depending on the seriousness of the allegation and other factors, which will be weighed by the University in conjunction with an individual’s request for confidentiality. These factors include circumstances that suggest an increased risk of the accused committing additional acts of Prohibited Sexual Conduct or other violence, whether the Prohibited Sexual Conduct was perpetrated with a weapon, the age of the student, and the ability of the University to obtain evidence by other means. The University takes requests for confidentiality seriously while at the same time considering its responsibility to provide a safe and nondiscriminatory environment for all students and the University community. The University in such circumstances will make sure the Impacted Party is aware they are protected from retaliation.

As required by the Clery Act, all disclosures to any University employee of an on-campus sexual assault must be reported for statistical purposes only (without personal identifiers) to the Stanford University Department of Public Safety, which has the responsibility for tabulating and annually publishing sexual assault and other crime statistics. Such reports are for statistical purposes and do not include individual identities or other personally identifiable information.

In California, a police officer is required to ask a victim of sexual assault and domestic violence (specifically section 273.5 Penal Code) if he or she wants his or her name to remain confidential (Penal Code 293(a)). If a victim elects to have his or her name remain confidential, the police will not list the victim's name in a crime log or release it to university officials without permission (Penal Code 293(d)). If the District Attorney elects to prosecute a sexual assault, the name of an adult victim may be subject to disclosure. 

If a formal complaint against a student is filed with the Title IX Coordinator (administrative process) or the Office of Community Standards (disciplinary process) then the Responding Party must be provided with the name of the Impacted Party and advised of the specific allegations.

It is a violation of Stanford University policy to retaliate against any person making a complaint of Prohibited Sexual Conduct or against any person participating in the investigation of (including testifying as a witness to) any such allegation of Prohibited Sexual Conduct. Retaliation should be reported promptly to the Title IX Coordinator. Individuals engaging in retaliation are subject to discipline (for students and faculty) and employment action (for employees). Retaliation includes direct or indirect intimidation, threats, coercion, harassment or other forms of discrimination against any individual who has brought forward a concern or participated in the University’s Title IX process. Both parties are prohibited from engaging in intimidating actions directly or through support persons that reasonably could deter either a party or a witness from participating in a Title IX investigation.

Individuals who have experienced a sexual assault are encouraged but not required to have a medical-legal exam performed by a trained medical professional as soon as possible (i.e., within 72 hours) after the assault. The medical professional will address an individual’s medical needs related to the assault as well as collect evidence in accordance with established protocols for evidence collection.

In order to preserve evidence, individuals are advised not to shower, wash, urinate, wipe, change clothes, eat, drink or brush their teeth prior to the exam, if possible.  

Even if an individual is uncertain about whether he or she wants to pursue criminal or other remedies, participating in the exam allows for the collection and preservation of evidence that might be useful should the individual decide he or she wants to pursue some type of action at a later date.

In Santa Clara County, medical-legal exams are performed at the Santa Clara Valley Medical Center (SCVMC) in San Jose. Medical-legal exams will be performed at no cost to a victim of sexual assault. A victim does not need to file a report in order to obtain a medical-legal exam; however, hospitals are required to notify the police if a physical injury has been sustained, so the hospital will notify the police agency that has jurisdictional responsibility where the assault took place. Victims have the option to speak with the police or not. The ability to have a medical-legal exam performed is not dependent upon speaking with the police or filing a police report.  

If a victim needs assistance traveling to the SCVMC, a University staff person or a member of DPS will provide assistance. 

For assistance in receiving a medical-legal exam, contact:
YWCA Rape Crisis Hotline:  (650) 493-7273 or (408) 287-3000
Department of Public Safety:  9-1-1 or  (650) 723-9633
SCVMC Emergency Department:  (408) 885-5000

To collect and preserve evidence of Prohibited Sexual Conduct Impacted Parties are encouraged to photograph injuries; retain emails, text messages, phone records and other similar evidence; and maintain a journal or other means to document incidents.

For a sexual assault that occurs on the Stanford campus, contact the Stanford Department of Public Safety at (650) 723-9633 or, in case of an emergency, 9-1-1 or 9-911 from a campus phone.

For an off-campus incident, call the local police jurisdiction:
Palo Alto, call 911 or (650) 329-2307
Menlo Park, call 911 or (650) 325-4424

In addition to University disciplinary actions, a person who engages in Prohibited Sexual Conduct may be the subject of criminal prosecution and/or civil litigation.

Individuals experiencing Prohibited Sexual Conduct have the option to notify law enforcement or not to notify law enforcement. Impacted Parties do not need to report matters to the police to be eligible to receive accommodations from the University under Section 8.b. University officials will assist individuals wishing to report a matter to the police.  A police report must be made before a criminal prosecution can be considered by the local District Attorney's Office. The chances of successful prosecution are greater if the report to the police is timely and is supported by the collection of medical-legal evidence (See Section 11, above, Medical Legal Evidence Collection). Victims have the right to request that law enforcement implement emergency protective restraining orders. Victims who receive emergency or permanent protective or restraining orders through a criminal or civil process should notify the University’s Title IX Coordinator, titleix@stanford.edu. The University will work with the victim and the person who is the subject of the restraining order to manage compliance with the order on Stanford’s campus.

Because the requirements and standards for finding a violation of criminal law are different from the standards for finding a violation of this Policy, criminal investigations or reports are not determinative of whether Prohibited Sexual Conduct, for purposes of this Policy, has occurred. In other words, conduct may constitute a violation under this Policy even if law enforcement agencies lack sufficient evidence of a crime and therefore decline to prosecute. Moreover, the filing of a complaint of Prohibited Sexual Conduct with the University is independent of any criminal investigation or proceeding. The University will not wait for the conclusion of any criminal investigation proceeding to commence its own investigation and/or to take interim measures to protect the Impacted Party and University community. Both a criminal investigation and a University investigation involving the same incident(s) may occur simultaneously.

A person who wishes specific information about legal options should consult a private attorney or advocacy organization. Please see Section 16: Resources at the end of this policy.

a. Bystander Intervention
Stanford University expects all members of the Stanford Community to be Active Bystanders against sexual violence. The following information is based on Bystander Intervention research being done at the University of New Hampshire and the guidelines developed by UNH. ("Bringing in the Bystander"® is a registered trademark of the University of New Hampshire on behalf of Prevention Innovations. Learn to recognize the signs of danger and learn how to intervene safely. Commit to being an Active Bystander.

1. Some simple steps to becoming an Active Bystander:

• Notice the situation: Be aware of your surroundings.
• Interpret it as a problem: Do I recognize that someone needs help?
• Feel responsible to act: See yourself as being part of the solution to help.
• Know what to do: Educate yourself on what to do.
• Intervene safely: Take action but be sure to keep yourself safe (see next step).

2. How to Intervene Safely:

• Tell another person. Being with others is a good idea when a situation looks dangerous.
• Ask a person you are worried about if he/she is okay. Provide options and a listening ear.
• Distract or redirect individuals in unsafe situations.
• Ask the person if he/she wants to leave. Make sure that he/she gets home safely.
• Call the police (911) or someone else in authority or yell for help.

3. What can my friends and I do to be safe?

• Take care of each other.  Remember these tips when you are out.
• Have a plan.
  Talk with your friends about your plans BEFORE you go out. Do you feel like drinking? Are you interested in hooking up? Where do you want to go? Having a clear plan ahead of time helps friends look after one another.
• Go out together.
  Go out as a group and come home as a group; never separate and never leave your friend(s) behind.
• Watch out for others.
• If you are walking at night with friends and notice a woman walking by herself in the same direction, ask her to join you so she doesn’t have to walk alone.
• Diffuse situations.
• If you see a friend coming on too strong to someone who may be too drunk to make a consensual decision, interrupt, distract, or redirect the situation.  If you are too embarrassed or shy to speak out, get someone else to step in.
• Trust your instincts.
• If a situation or person doesn’t seem “right” to you, trust your gut and remove yourself, if possible, from the situation.

b. Education Resources
Stanford University provides resources for education about and prevention of Prohibited Sexual Conduct. Incoming students participate in online training before arriving at Stanford and undergraduates participate in a series of educational events during New Student Orientation. Throughout the year both undergraduates and graduates are invited to participate in programming on the prevention of Prohibited Sexual Conduct. Students, faculty and staff are urged to take advantage of on-campus prevention and education resources (both University-supported and student-led) and are encouraged to participate actively in prevention and risk reduction efforts.

• Office of Sexual Assault & Relationship Abuse Education & Response (SARA) (650-725-1056) provides comprehensive and consistent response to incidents of sexual and relationship violence to the campus community. SARA provides case consultation to students and staff, case management for reported assaults and information and referrals to services on and off campus. The office also assists with educational outreach and training to increase awareness, sensitivity, and community accountability in the prevention of these acts. Online information is available at the SARA Office.
• Sexual Harassment Policy Office (650-724-2120) provides training programs regarding sexual harassment for the campus community. Some programs are required for faculty, staff supervisors, instructors and newly hired staff. Information is available at http://harass.stanford.edu.
• Stanford University Department of Public Safety (650-723-9633) conducts educational programs and distributes educational literature to students, faculty and staff.
• Students United for Risk Elimination (SURE) (650-725-SURE) is an evening golf cart escort service for students, faculty and staff designed to enhance safety for the campus community.

a. Public Information
Requests for information concerning an incident of Prohibited Sexual Conduct should be directed to the Stanford University News Service (650-723-2558) or the Stanford University Department of Public Safety (650-723-9633).

b. Public Notification of Incidents
As required by state and federal law, the Stanford Department of Public Safety must collect and report annually statistical information concerning sexual assaults occurring in its jurisdiction. To promote public safety, the Department also alerts the campus community to incidents and trends of immediate concern.

The University is committed to providing information regarding on- and off-campus services and resources to all parties involved. A comprehensive website dedicated to Prohibited Sexual Conduct awareness, prevention and support can be found at NotAlone.Stanford.edu.

Confidential Campus Resources
The following resources have the ability to keep a victim's name confidential and anonymous. Reporting an incident of Prohibited Sexual Conduct to one of these resources will not lead to a university or police investigation.¹

¹ Pursuant to California Penal Code 11165.7, 11166, 11167, persons who meet the definition of a mandated reporter must report incidents of child abuse and neglect. A person under the age of 18 years of age is considered to be a child.
 

Medical Resources²

² Pursuant to California Penal Code 11160, medical clinicians are required to notify the police if they observe physical injuries they believe were caused by assaultive conduct, including sexual assault.
 

Campus Resources³

 ³ These resources are obligated to report Prohibited Sexual Conduct to the Title IX Office when the Impacted Party or the Responding Party is a student.
 

Legal and Advocacy Resources