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    Lewis and Clark Community College
   
 
  Oct 19, 2017
 
 
    
2017-18 Catalog

Policies and Regulations


Affirmative Action Policy

It is our policy and firm belief that the employment practices of Lewis and Clark Community College are non-discriminatory. To further strengthen that position, we re-emphasize through the Affirmative Action statement that every aspect of employment including hiring, placement, upgrading, transfer or demotion; recruiting, advertising, or solicitation for employment; rates of pay or other forms of compensation; selection for training; and termination shall be accomplished without regard to race, color, religion, sex, national origin, ancestry, citizenship, age, order of protection status, marital status, physical or mental disability, military status, sexual orientation, pregnancy, unfavorable discharge from military service, or any other status protected by law. Lewis and Clark Community College adheres to the principles of equal opportunity in education and employment.

The following person has been designated to handle inquiries regarding this non-discrimination policy:

Lori Artis, Vice President of Administration
Erickson Hall, Room #103
Lewis and Clark Community College
5800 Godfrey Road
Godfrey, IL  62035
(618) 468-3000

Lewis and Clark Community College does not tolerate retaliation against any person for coming forward with a complaint or concern or for otherwise participating in the process of addressing discrimination.

Administration and supervision are responsible for compliance with the policy within the respective areas of their activities to assist the Community College in its commitment to:

  1. Eliminate from current policies and practices anything which results in or perpetuates discrimination toward race, color, religion, sex, national origin, ancestry, citizenship, age, order of protection status, marital status, physical or mental disability, military status, sexual orientation, pregnancy, unfavorable discharge from military service, or any other status protected by law; and the adoption of new or revised policies and practices where necessary to achieve these ends.
  2. Intensify recruitment and fair consideration of race, color, religion, sex, national origin, ancestry, citizenship, age, order of protection status, marital status, physical or mental disability, military status, sexual orientation, pregnancy, unfavorable discharge from military service, or any other status protected by law to ensure that candidates and employees with appropriate qualifications, potential and responsibilities are afforded equal opportunity for selection, training and promotion, and will be compensated without regard to race, sex, disability or covered veteran status.
  3. Ensure that all contractors, sub-contractors, vendors and suppliers doing business with Lewis and Clark Community College, unless otherwise exempt, comply with the provisions of E.O. 11246, Section 503 of the Rehabilitation Act, and Section 402 of VEVRAA.

The college will comply with all provisions of Executive Order 11246, Section 503 of the Rehabilitation Act, Section 402 of the Vietnam Era Veterans Readjustment Assistance Act of 1974 (VEVRAA) and the relevant rules, implementing regulations and orders of the Secretary of Labor.

The college will furnish all information and reports required under Executive Order 11246, Section 503 of the Rehabilitation Act, and Section 402 of VEVRAA and to permit access to records by the Secretary of Labor for purposes of determining compliance.

Dissemination of Policy

Copies of the Affirmative Action Policy will be distributed to:

  1. Administrative and supervisory personnel
  2. Personnel whose responsibilities include interviewing, employment, training, promotion, transfer and termination of personnel

The college equal opportunity and affirmative action policy will be displayed in central areas of the college and shall become a part of the orientation procedure for new employees, training programs for staff, and appropriate administrative and supervisory meetings.

All of the college’s personnel policy and procedure manuals shall reiterate the college’s commitment to equal opportunity and affirmative action. Also the college’s recruitment sources, leaders of minority groups, and community organizations shall be informed of the college’s nondiscrimination and Affirmative Action Policy.

In any advertisement of job vacancies, a statement that we are an Equal Opportunity Employer shall be included. The same clause shall be added to all appropriate college documents, such as, purchase orders, leases, contracts covered by Executive Order No. 11246, and notices sent to any collective bargaining representative of the college’s employees.

All employment openings, with the exception of executive and top administrative positions, positions that will be filled from within the college’s organization, and positions lasting three days or less, have been listed concurrently with the use of any other recruitment source or effort with the appropriate office of the State Employment Service.

Responsibility for Implementation of Policy

The President of the Community College District has overall responsibility for the development and implementation of the equal opportunity and affirmative action policy. Specific authority and responsibility is delegated by the President to every administrator of the District - Vice President of Academic Affairs, Vice President of Administration, Vice President of Enrollment Services, Vice President of Student Engagement, Vice President of Finance, Chief Information Officer, associate vice presidents, deans, directors, managers, supervisors, coordinators, and all others exercising supervisory or administrative control over any employee - all of whom are responsible for performing his or her functions without regard to race, color, religion, sex, national origin, ancestry, citizenship, age, order of protection status, marital status, physical or mental disability, military status, sexual orientation, pregnancy, unfavorable discharge from military service, or any other status protected by law. Not only are these officers responsible for supporting the college’s equal opportunity policy, but they must also include in their own day-to-day operational policies and procedures the implementation of affirmative action.

Their efforts will be coordinated by the college’s Human Resources Office which will assist in the functions of recruitment, training, employment, transfer, promotion, termination, and compensation according to the non-discriminatory policies in effect.

  1. Recruitment

Recruitment of qualified minority, female, disabled and covered veteran status applicants will be sought from the following sources:

  1. Minority, female, disabled and veteran organizations
  2. Federal and State employment agencies
  3. College and University placement services
  4. Minority, female, disabled or covered veteran employees on staff
  5. Newspapers and other media, where feasible
  1. Training
    1. In-service training will continue to be provided to all employees.
    2. Employees will be encouraged to develop new and update current skills by participating in available educational and training programs.
  2. Transfer and Promotion
    1. Recommendations for transfer or promotion will be based on job requirements and will be non-discriminatory.
    2. Transfers or promotion opportunities will be made available to current staff prior to considering other applicants.
  3. Compensation
    1. Determination of compensation will be based on current policies and schedules as approved by the Board of Trustees.
    2. Equal pay for equal work will be established with no exceptions because of race, color, religion, sex, national origin, ancestry, citizenship, age, order of protection status, marital status, physical or mental disability, military status, sexual orientation, pregnancy, unfavorable discharge from military service, or any other status protected by law.
  4. Selection
    1. Required qualifications and abilities will be established for each type of position, and evaluation of applicants will be based on these requirements.
    2. Actual selection will be made from those applicants recommended by the supervisor. If an applicant referred to the supervisor is rejected, the supervisor must report to the Human Resources Office the reason for the rejection in writing.
    3. No individual may be employed without approval of the President and the Board of Trustees.
  5. Termination
    1. No employee will be discharged on the basis of race, color, religion, sex, national origin, ancestry, citizenship, age, order of protection status, marital status, physical or mental disability, military status, sexual orientation, pregnancy, unfavorable discharge from military service, or any other status protected by law.
    2. The supervisor will schedule at least one conference with the employee prior to recommending dismissal.
    3. An exit interview will be scheduled for the employee with the Human Resources Office.
    4. No employee may be discharged without approval of the President and the Board of Trustees.

Anti-Harassment, Including Sexual Harassment Policy

Statement of Policy

A working and learning environment that is free from any form of unlawful discrimination, including harassment on the basis of any legally protected status is essential and shall be maintained. It will be a violation of college policy for anyone, including any college employee, elected official, vendor, volunteer, student, contractor or any visitors or third party to discriminate against or harass another individual in the work place, educational environment, or at college-sponsored activities or elsewhere if there is a connection to the workplace or learning environment on the basis of any legally protected group status and the college will not tolerate any form of discrimination or harassment, including sexual harassment, sexual misconduct or sexual violence.  Violation of this policy shall be considered grounds for corrective action including disciplinary action up to and including expulsion from the college or termination of employment.

Prohibited Conduct

The conduct prohibited by this policy includes unwelcome conduct, whether verbal, physical or visual, that is based upon the individual’s protected status, such as sex, color, race, ancestry, religion, national origin, age, disability, marital status, veteran’s status, citizenship status, sexual orientation, including gender-related identity  or other protected group status as defined by law. The college will not tolerate harassing conduct that affects tangible job benefits or educational development, that interferes unreasonably with an individual’s work or educational performance, or that creates an intimidating, hostile or offensive working or learning environment. Such harassment may include, for example, jokes or epithets about another person’s protected status, or teasing or practical jokes directed at a person based upon his or her protected status.

Definition of Sexual Harassment

“Sexual harassment” consists of unwelcome sexual advances; requests for sexual favors; and other verbal or physical conduct of a sexual nature when made by any individual to another, including persons of the opposite or same sex, where:

  1. Submission to such conduct is made either explicitly or implicitly a term or condition of a person’s employment or educational development;
  2. Decisions affecting an individual’s employment or education are made on the basis of whether the person submits to or rejects sexual demands; or
  3. Such conduct has the purpose or effect of reasonably interfering with an individual’s work or educational performance or creates an intimidating, hostile or offensive working or learning environment.

Sexual harassment also includes sexual misconduct and violence including but not limited to sexual assault, domestic violence, dating violence and stalking, extreme  forms of sexual harassment.  The college has a separate policy that applies to sexual misconduct and violence.   Please see the college’s Sexual Assault, Domestic Violence, Dating Violence and Stalking Policy.  If a report involves allegations of sexual misconduct or violence, then the policy on Sexual Assault, Domestic Violence, Dating Violence and Stalking will be followed in the assessment, investigation and resolution of the complaint. In no event shall a complaint proceed through more than one procedure simultaneously.

Sexual harassment may also occur between students.  Any conduct by another student which is physically threatening or humiliating or which unreasonably interferes with a student’s educational performance should be brought to the attention of the college for investigation and appropriate action.

Some conduct commonly defined as sexual harassment includes (but is not limited to):

  1. Verbal: Sexual innuendos; suggestive comments, humor and jokes about sex, anatomy or gender specific traits; sexual propositions or statements of a sexual nature about other employees or students, even outside of their presence.
  2. Non-verbal: Suggesting or insulting sounds (whistling, “catcalls,” “smacking” or “kissing” noises); leering; obscene gestures or sexually suggestive bodily gestures.
  3. Visual: Posters, signs, pin-ups, cartoons or slogans of a sexual nature.
  4. Physical: Unwelcome touching; hugging or kissing; pinching or brushing against the body; physical or emotional coercion of sexual intercourse; or actual assault, including sexual assault, domestic or dating violence or stalking;

Investigation and Grievance Procedure

Any elected official, employee, volunteer, contractor or visitor who believes that he/she has been subjected to discrimination or harassment, has been informed of conduct constituting discrimination or harassment or who witnesses discrimination or harassment should promptly submit a complaint to the Vice President of Administration or the President in accordance with the following procedures. Students should submit their complaints to the Vice President of Academic Affairs or Vice President of Student Engagement.

Individuals are expected to come forward promptly and report any violations before the alleged offending behavior becomes severe or pervasive.   Supervisors are required to immediately report any and all complaints of discrimination or harassment reported to or observed by them.  Employees designated as responsible employees by the college are also required to promptly report discrimination, harassment and sexual misconduct against or involving students. The failure to report constitutes a separate violation of this policy. This policy does not require reporting harassment or discrimination to any individual who is creating the harassment or discrimination. No employees, not even the highest-ranking people in the college are exempt from the requirements of this policy.

The Vice President of Administration and/or the Vice President of Academic Affairs shall be responsible for the investigation procedures contained herein. If an employee receives a complaint of harassment directly from another employee, the complaint shall be immediately reported to the Vice President of Administration.

  1. Employees, volunteers, elected officials, contractors, and/or visitors wishing to submit a complaint (i.e., the “complainant”) , whether the victim or a bystander,  may submit a statement to the Vice President of Academic Affairs.  Students wishing to submit a complaint (i.e., the “complainant”), whether the victim or a bystander, should report to the Vice President of Academic Affairs or Vice President of Student Engagement. Employees, students and other individual third parties in the workplace may make their complaint verbally or in writing as the individual sees fit.  Alternatively, the complaint may be made electronically. To the extent possible, individuals should include as many specific facts and as much information as possible (e.g., location, names, dates, times) to facilitate investigation. All such complaints should be submitted promptly. For information on how to report electronically, please see Appendix A -Notice of Rights and Options.

  2. The Vice President of Administration and/or the Vice President of Academic Affairs or his/her designee shall promptly and thoroughly investigate the complaint describing conduct inconsistent with the policy. All complaints asserting sexual discrimination, harassment, misconduct or violence shall be reported to the Title IX Coordinator by the applicable Vice President and investigated in accordance with the procedures related to such complaints.

  3. If an investigation confirms a violation of this policy has occurred, the college will take corrective action, including discipline, up to and including expulsion or discharge, as is appropriate under the circumstances. In the event of harassment by an individual who does not work for the college, the college will take corrective action as is reasonable and appropriate under the circumstances.  

Resolution

A complaint of discrimination, harassment or retaliation may be resolved either informally or formally. Informal resolution is voluntary and either party or the applicable vice president may determine that the informal resolution is inappropriate and then the formal resolution process will be initiated. Note: Informal resolution is not appropriate if there are allegations of sexual assault and the policy on Sexual Assault, Domestic Violence, Dating Violence and Stalking will be followed.

Retaliation

Reporting discrimination or harassment will not reflect adversely upon an individual’s employment or educational status. Retaliation is prohibited and persons found to have retaliated or discriminated against an employee, student or other individual for complaining about harassment or for initiating or assisting with a claim of harassment will be subject to appropriate disciplinary action up to and including expulsion or discharge. Anyone experiencing or witnessing any conduct he or she believes to be retaliation should immediately report it.

Confidentiality

The rights to confidentiality, both of the complainant and of the accused, will be respected consistent with the management of the college, including the college’s legal obligations to investigate allegations of misconduct and to take corrective action when this conduct has occurred.

Title IX

Title IX of the Education Amendments of 1972, as amended, is a comprehensive federal law that prohibits discrimination on the basis of sex as well as retaliation for making a Title IX complaint in any federally funded education program or activity. Other state and federal laws prohibit sexual discrimination as well as sexual harassment, including more extreme forms of harassment like sexual misconduct and sexual violence. The Title IX Coordinator is responsible for coordinating the college’s efforts to comply with its obligations under Title IX and the Title IX regulations and these other state and federals laws.    For the college’s policy on sexual misconduct as well as available resources, please see the Sexual Assault, Domestic Violence, Dating Violence, and Stalking Policy.

Lewis and Clark’s Title IX Coordinator and Deputy Coordinators are listed below:

Title IX Coordinator

Lori Artis, Vice President, Administration
Lewis and Clark Community College
5800 Godfrey Road, Erickson Room 103
Godfrey, IL  62035
(618) 468-3000
lartis@lc.edu

Duties and Responsibilities: Monitoring and oversight of overall implementation of Title IX at Lewis and Clark, including coordination of training, education, communications, and administration of complaint procedures for faculty, staff, students and visitors. The Title IX Coordinator is available to meet with any party to discuss the college’s policies or any Title IX related matters.

More detailed duties and responsibilities are set forth in the college’s policy on Sexual Assault, Domestic Violence, Dating Violence and Stalking.

If you are an employee, contractor or visitor and have a complaint regarding sexual harassment, sex discrimination or sexual assault, please contact the above.

Title IX Deputy Coordinators (For Students)

Linda Chapman, Vice President, Academic Affairs Sean Hill, Vice President Student Engagement
Lewis and Clark Community College Lewis and Clark Community College
5800 Godfrey Road 5800 Godfrey Road
Godfrey, IL  62035 Godfrey, IL  62035
(618) 468-4000 (618) 468-6000
lchapman@lc.edu shill@lc.edu

Duties and Responsibilities: Title IX compliance for matters involving students, including coordination of training, education, communications, and administration of complaint procedures for complaints against students.  The Title IX Deputy Coordinators are available to meet with any party to discuss the college’s policy or any Title IX related concerns.

More detailed duties and responsibilities are set forth in the college’s policy on Sexual Assault, Domestic Violence, Dating Violence and Stalking.

If you are a student and have a complaint regarding sexual harassment, sex discrimination or sexual assault, please contact one of the above.

Other Options

Those who feel they have been subject to harassment, discrimination or retaliation may seek assistance from other resources, including but not limited to the Illinois Department of Human Rights, the Office for Civil Rights or the Equal Opportunity Employment Commission. The Department of Human rights is a state agency which will investigate the charge without cost to the individual.  The agencies may be contacted at the following addresses:

Illinois Department of Human Rights
State of Illinois Center
100 West Randolph Street, Suite 5-100
Chicago, IL  60601
(312) 814-6245
 
Office for Civil Rights, Chicago Office
U.S. Department of Education
Citigroup Center
500 West Madison Street, Suite 1475
Chicago, IL  60661-4544
(312) 730-1560
 
Illinois Human Rights Commission
State of Illinois
222 South College Street, Room 101
Springfield, IL  62704
(217) 785-5100
 
The United States Equal Employment Opportunity Commission
1222 Spruce Street, Room 8.100
St. Louis, MO  63103
(800) 669-4000

Retaliation

Reporting harassment will not reflect adversely upon an individual’s employment or educational status. Retaliation is prohibited and persons found to have retaliated or discriminated against an employee, student or other individual for complaining about harassment or for initiating or assisting with a claim of harassment will be subject to appropriate disciplinary action up to and including expulsion or discharge. Anyone experiencing or witnessing any conduct he or she believes to be retaliation should immediately report it.

Confidentiality

The rights to confidentiality, both of the complainant and of the accused, will be respected consistent with the management of the college, including the college’s legal obligations to investigate allegations of misconduct and to take corrective action when this conduct has occurred.

Drug and Alcohol Use Policy

All applicable state, federal, and local laws relating to alcoholic beverages and controlled substances will be enforced. Illegal possession, consumption, use, sale, delivery or transfer of alcoholic beverages or controlled substances distribution is prohibited on the college grounds and in college facilities.  Students seeking assistance with drug or alcohol problems will be referred by Counseling or the Family Health Clinic to appropriate community services such as Narcotics Anonymous, Alcoholics Anonymous, or local community counseling agencies.

Family Educational Rights and Privacy Act (FERPA)

L&C accords to students all the rights under the Family Educational Rights and Privacy Act of 1974 as amended. The college will not provide access to nor disclose any information from students’ educational records without the written consent of students except as permitted by FERPA: to L&C officials who have a legitimate educational interest in the record, in connection with a student’s request for or receipt of financial aid, to accrediting organizations to carry out their functions, to comply with a judicial order, to appropriate parties in a health or safety emergency, and to release directory information (see below).

L&C officials with legitimate educational interest in a student’s educational records may access those records without the student’s consent. A school official includes: a person employed by the college in an administrative, supervisory, academic or research, or support staff position, a person elected to the Board of Trustees, a person employed by or under contract to the college to perform a special task, such as the attorney or auditor.

A school official has a legitimate educational interest if the official is performing: a task that is specific to his or her position description or by a contract agreement; a task related to a student’s education; a task related to the discipline of a student.

Unless specifically requested otherwise in writing to the Director of the Enrollment and Advising, the college may disclose the following Directory Information: (1) name, (2) email address, (3) whether or not currently enrolled, (4) dates attended, and (5) degrees and honors attained. Additionally, to comply with the Solomon Amendment, the college will release to authorized military personnel the following directory information: student’s name, address, telephone listing, date of birth, academic year, academic major, and degrees received. Students can request non-disclosure of above Directory Information by completing a form available from the Director in the Enrollment Center, Baldwin 1450.

Students have the right to review their educational records. Any information within the record is open for the student’s inspection. If a student wishes to inspect the educational record, the student should begin the process by completing a Request to Inspect and Review Education Record form. If a student wishes to challenge data in the educational record which he or she considers inaccurate, misleading, or otherwise in violation of the student’s privacy rights, the student may request a hearing to be conducted. The request form may be obtained from the Enrollment Center.

Under FERPA a student’s right to review his or her records supersedes the right of the parent when the student becomes 18 or is enrolled in a post-secondary institution.

NOTE: The college uses students’ college ID numbers and social security numbers for limited and specific purposes. The college is required to obtain students’ social security numbers for the purposes of Federal financial aid, college employment (IRS reporting), and Hope/Life Long Learning Scholarship reporting. The Family Educational Rights and Privacy act (FERPA) requires implementation of policies to protect a student’s “educational records” and “personally identifiable information” including college ID numbers and social security numbers. College ID numbers and social security numbers are protected and not released to a third party without each student’s written permission.

Religious Observances Policy

Lewis and Clark Community College recognizes the varied religious beliefs that exist at the college and will accommodate students in resolving conflicts with their academic and religious commitments. Students who are unable to attend classes, take an exam or complete coursework due to a religious observance may be excused and will have the opportunity to make up any such exam or coursework. To be excused for such absences, students must notify their instructors of the absence due to the religious observance by the second week of the semester in order to establish a make-up schedule for completing any exam or coursework, to the extent such schedule will not create an unreasonable burden on the college. Students may raise any claim that they have been denied an educational benefit due their religious beliefs or practices under this policy, initially to the instructor and, if not resolved, through the college’s student grievance procedure. This policy implements the University Religious Observances Act, which reads in part:

Any student in an institution of higher learning, other than a religious or denominational institution of higher learning, who is unable, because of his or her religious beliefs, to attend classes or to participate in any examination, study, or work requirement on a particular day shall be excused from any such examination, study, or work requirement and shall be provided with an opportunity to make up the examination, study, or work requirement that he or she may have missed because of such absence on a particular day; provided that the student notifies the faculty member or instructor well in advance of any anticipated absence or a pending conflict between a scheduled class and the religious observance and provided that the make-up examination, study, or work does not create an unreasonable burden upon the institution. No fees of any kind shall be charged by the institution for making available to the student such an opportunity. No adverse or prejudicial effects shall result to any student because of his or her availing himself or herself of the provisions of this Section. 110 ILCS 110/1.5(b).

Sex Offender Registration Act Process

Illinois state law requires all sex offenders to inform the college within 3 days of registering for classes or accepting employment from an institution of higher learning. To be in compliance, sex offenders must complete an ISP 5-695 form in the Student Development and Counseling office.

If a student discloses as a sex offender at any L&C location, those students are directed to the administrative assistant in Student Development and Counseling to complete the Registration Form ISP 5-695. Once completed, the form is faxed to the State Police. Continuing students must complete the Registration Form ISP 5-695 every semester before advising/registering in Student Development. A new Registration Form must be completed when the student graduates.

Sexual Assault, Domestic Violence, Dating Violence and Stalking Policy Prohibition

  1. Purpose

In accordance with the Violence Against Women Reauthorization Act of 2013, Title IX of the Education Amendment of 1972, Title VII of the Civil Rights Act of 1964, the Illinois Human Rights Act, the Clery Act and the Illinois Preventing Sexual Violence in Higher Education Act, all of which prohibit discrimination based upon sex, including but not limited to sexual assault and other forms of sexual misconduct and/or reporting of such acts.  Lewis and Clark Community College (College) is committed to maintaining a safe and healthy educational and employment environment that is free from sexual misconduct sexual assault, domestic violence, dating violence and stalking and adopts the following standards of conduct for all members of the college community, including employees, students, contractors and visitors.

  1. Statement of Policy

Our community expects that all interpersonal relationships and interactions - especially those of an intimate nature - be grounded in mutual respect, open communication, and clear consent.

To this end, Sexual Assault, Domestic Violence, Dating Violence and Stalking, are unacceptable and are not tolerated at Lewis and Clark Community College. These terms are defined below in “Definitions of Prohibited Conduct.”  Retaliation, as defined below, is also prohibited.

The college encourages anyone who has been subjected to Sexual Assault, Domestic Violence, Dating Violence and/or Stalking to seek appropriate help and to report the incident promptly to the police and/or college officials. The college has professional staff that will assist students, faculty and/or staff members to get help, including immediate medical care, counseling and other essential services. Specific policies, methods for reporting, including confidential reporting, and resources are described below.

As a general matter, the college will take prompt action to investigate reports of Sexual Assault, Domestic Violence, Dating Violence and/or Stalking and, where appropriate, to impose sanctions. The applicable procedures will depend on whether the alleged offender is a student, faculty or staff member.

Students, faculty and staff who violate this Policy may face discipline up to and including expulsion or termination as outlined below.

The college’s policy applies to students, employees, contractors, or third parties whenever the misconduct occurs:

  1. On college property; or
  2. Off college property if;
    1. The conduct was in connection with a college or college-recognized program or activity; or
    2. Otherwise has a connection to the college.

Sexual Assault is an extreme form of sexual harassment. For more information about sexual discrimination and harassment, which is also prohibited by the college’s policies, please see the Policy on Anti-Harassment Harassment. If a report includes allegations of Sexual Assault, Domestic Violence, Dating Violence or Stalking, then the process and procedures set forth in this Policy will be followed in the assessment, investigation and resolution of the complaint. In no event shall a complaint proceed simultaneously through more than one internal college procedure.

  1. Definitions
    1. Consent: Consent is knowing, voluntary and clear affirmative permission by word or action, to engage in mutually agreed upon sexual activity. Consent may not be inferred from silence, passivity, or a lack of active resistance.  Past consent to sexual activities, or a current or previous dating relationship, does not imply ongoing or future consent. Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse).  Consent may be withdrawn at any time.  A person may be incapable of giving consent due to the person’s age, use of drugs or alcohol, or because an intellectual or other disability prevents the person from having the capacity to give consent.  The existence of consent is based on the totality of the circumstances, including the context in which the alleged incident occurred.
    2. Dating Violence: The term dating violence means violence committed by a person 1) who is or has been in a social relationship of a romantic or intimate nature with the victim, and 2) where the existence of such a relationship shall be determined based on a consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
    3. Domestic Violence:  Includes felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the State of Illinois, or by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the State of Illinois.
    4. Incapacitated or Incapacitation:  An individual who is incapacitated is unable to give consent. States of incapacitation include sleep, unconsciousness, intermittent consciousness, or any other state where the individual is unaware that sexual contact is occurring. Incapacitation may also exist because of a mental or developmental disability that impairs the ability to consent to sexual contact.

Alcohol or drug use is one of the prime causes of incapacitation. Where alcohol or drug use is involved, incapacitation is a state beyond intoxication, impairment in judgment, or “drunkenness.” Because the impact of alcohol or other drugs varies from person to person, evaluating whether an individual is incapacitated, and therefore unable to give consent, requires an assessment of whether the consumption of alcohol or other drugs has rendered the individual physically helpless or substantially incapable of:

  • Making decisions about the potential consequences of sexual contact;
  • Appraising the nature of one’s own conduct;
  • Communicating consent to sexual contact; or
  • Communicating unwillingness to engage in sexual contact.

Where an individual’s level of impairment does not rise to incapacitation, it is still necessary to evaluate the impact of intoxication on consent.  In evaluating whether consent was sought or given, the following factors may be relevant:

  • Intoxication may impact one’s ability to give consent and may lead to incapacitation (the inability to give consent).
  • A person’s level of intoxication is not always demonstrated by objective signs; however, some signs of intoxication may include difficulty walking, poor judgment, difficulty communicating, slurred speech, or vomiting.
  • An individual’s level of intoxication may change over a period of time based on a variety of subjective factors, including the amount of substance intake, speed of intake, body mass, and metabolism.

No matter the level of an individual’s intoxication, if that individual has not affirmatively agreed to engage in sexual contact, there is no consent.

Anyone engaging in sexual contact must be aware of both their own and the other person’s level of intoxication and capacity to give consent. The use of alcohol or other drugs can lower inhibitions and create an atmosphere of confusion about whether consent is effectively sought and freely given. If there is any doubt as to the level or extent of one’s own or the other individual’s intoxication or incapacitation, the safest course of action is to forgo or cease any sexual contact. An individual’s intoxication is never an excuse for or a defense to committing sexual assault and it does not diminish one’s responsibility to obtain consent.

  1. Retaliation: Any form of retaliation, including intimidation, threats, harassment and other adverse action taken or threatened against any complainant or person reporting or filing a complaint alleging sexual discrimination, harassment or misconduct or any person cooperating in the investigation of such allegations (including testifying, assisting or participating in any manner in an investigation) is strictly prohibited. Action is generally deemed adverse if it would deter a reasonable person in the same circumstances from opposing practices prohibited by the college’s policy. Retaliation may result in disciplinary or other action independent of the sanctions or interim measures imposed in response to the allegations of sexual discrimination, harassment or misconduct.
  2. Sexual Assault: Any nonconsensual sexual act proscribed by Federal, tribal, or State law including when the victim lacks capacity to consent, including both sexual intercourse without consent and sexual contact without consent.

Sexual Intercourse without Consent means having or attempting to have sexual intercourse with another individual without consent as defined below. Sexual intercourse means vaginal or anal penetration, however slight, with any body part or object, or oral penetration involving mouth to genital contact.

Sexual Contact without Consent means having sexual contact with another individual without Affirmative Consent, as defined below. Sexual contact means the touching of the person’s breasts, anal, groin or genital areas, or other intimate body parts for the purpose of sexual gratification.

  1. Sexual Exploitation: Occurs when a person takes non-consensual or abusive sexual advantage of another for anyone’s advantage or benefit other than the person being exploited, and that behavior does not meet the definition of sexual assault.  Sexual exploitation includes prostituting another person, non-consensual visual or audio recording of sexual activity, non-consensual distribution of photos or other images of an individual’s sexual activity or intimate body parts with an intent to embarrass such individual non­consensual voyeurism, knowingly transmitting HIV or a sexually transmitted disease to another, or exposing one’s genitals to another in non-consensual circumstances.
  2. Sexual Misconduct:  Includes sexual assault, sexual exploitation, dating violence, domestic violence, sexual violence and stalking.
  3. Sexual Violence: Physical sexual acts perpetuated against a person’s will or where a person is incapable of giving consent (e g. due to the person’s age, use of drugs or alcohol, or because an intellectual or other disability prevents the person from having the capacity to give consent).  Sexual violence includes, but is not limited to, rape, sexual assault, sexual battery, sexual abuse and sexual coercion.
  4. Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to: 1) fear for his or her safety or the safety or others; or 2 suffer substantial emotional distress.
  5. Threat:  Any oral or written expression or gesture that could be interpreted by a reasonable person as conveying intent to cause harm to persons or property.

IV. Administration

  1. Title IX Coordinator

The college has designated the Vice President of Administration as the Title IX Coordinator.

    Lori Artis, Vice President Administration
  5800 Godfrey Road, Erickson Room 103
  Godfrey, IL  62035
  (618) 468-3000
  lartis@lc.edu

Responsibilities of the Title IX Coordinator include:

  • Overseeing the college’s response to all Title IX reports and complaints and identifying and addressing any patterns or systemic problems revealed by such reports and complaints.
  • A Title IX complaint includes complaints alleging sexual discrimination, including sexual harassment as well as sexual misconduct, sexual violence, sexual assault, domestic violence, dating violence and stalking (as those terms are defined herein) which involve a college student, visitor or employee.
  • Being informed of all reports and complaints raising Title IX issues, including those initially filed with another individual or office or if the investigation will be conducted by another individual or office.
  • Ensuring that adequate training is provided to students, faculty and staff on Title IX issues.
  • Coordinating Title IX investigations, involving employees and students, including overseeing the investigation of facts relative to a complaint and recommending appropriate sanctions against the perpetrator and remedies for the complaint.

With respect to complaints that involve a college employee, vendor or visitor, the Department of Human Resources will manage the investigation into the allegations and will recommend appropriate sanctions against the employee and interim measures, if any, for an employee.

With respect to complaints that involve a student, the Vice President of Student Affairs or the Vice President of Student Engagement (both Deputy Title IX Coordinators) will manage the investigation and recommend appropriate sanctions against the student and interim measures, if any, for a student.

With respect to complaints that involve both a student and an employee, the Title IX Coordinator, the Department of Human Resources and the Deputy Title IX Coordinators shall jointly coordinate the investigation and interim measures.

  • Ensuring appropriate interim measures for a student victim and/or complainant upon learning of a report or complaint of sexual misconduct.
  • Ensuring that appropriate policies and procedures are in place via security for working with law enforcement and coordinating services with local victim advocacy organizations and services providers, including rape crisis centers.
  • Promoting an educational and employment environment which is free of sexual discrimination, harassment and gender bias.
  1. Title IX Deputy Coordinators

The college has designated the Vice President of Academic Affairs and the Vice President of Student Engagement as Deputy Title IX Coordinators.

Linda Chapman, Vice President Academic Affairs Sean Hill, Vice President Student Engagement
5800 Godfrey Road 5800 Godfrey Road
Godfrey, IL  62035 Godfrey, IL  62035
(618) 468-4000 (618) 468-6000
lchapman@lc.edu shill@lc.edu

Responsibilities of the Deputy Title IX Coordinators include:

  • Working in conjunction with the Title IX Coordinator to ensure compliance for matters involving students, including assistance with coordination of training, education, communications, and administration of complaint procedures for complaints against students.

Inquiries concerning the application of Title IX may be referred to the Title IX Coordinator or to the United States Department of Education’s Office for Civil Rights:

  Office for Civil Rights,  Chicago Office
  U.S. Department of Education
  Citigroup Center
  500 West Madison Street, Suite 1475
  Chicago, IL  60661-4544
  (312) 730-1560
  Email: OCR.Chicago@ed.gov
  1. Options for Assistance Following an Incident of Sexual Assault

A. Immediate Assistance

  1. On and Off-Campus Counselors and Advocates: Attached as Appendix A - Notification of rights and Options find a list of on and off-campus counselors and advocates that can provide an immediate confidential response for employees and students in an emergency situation.
  2. Emergency Response: Anyone who experiences or observes an emergency situation should immediately call 911 and/or Campus Security at 618-468-2300.
  3. On and Off-Campus Health Care Options: Victims may seek treatment for injuries, preventative treatment for sexually transmitted disease, and other health services by contacting the providers identified on Appendix A.-Notification of Rights and Options * Indicates health care options which provide rape kits and/or Sexual Assault Nurse Examiners. Seeking medical treatment also serves to preserve physical evidence of sexual violence.

B. Ongoing On and Off Campus Counseling, Advocacy and Support for Students and Employees. This information can also be found at Appendix A-Notification of rights and Options.

  1. Reporting and Confidentially Disclosing Sexual Assault

The college encourages all victims of sexual assault (and bystanders), to talk to somebody about what happened so that victims (and bystanders) can get the support they need and so that the college can respond appropriately.  Different employees on campus have different abilities to maintain a victim’s confidentiality:

  • Some employees are required to maintain complete or near complete confidentiality,
  • Some employees are required to report all the details of an incident (including identities of the victim and alleged perpetrator) to the Title IX Coordinator.  A report to these employees, called “Responsible Employees”, constitutes a report to the college and generally obligates the college to investigate the incident and take appropriate steps to address the situation.

The various reporting and confidential disclosure options available are set forth in further detail below:

  1. Privileged and Confidential Communications

Confidential Counselors.  Professional, licensed counselors who provide mental-health counseling (including those counselors who act in that role under the supervision of a licensed counselor) and clinic nurses (referred to as Counselors) are not required to report any information about an incident to the Title IX Coordinator without a victim’s permission. The college has designated the college counselor and clinic nurses as confidential employees. Contact information for such confidential Counselors is included in Appendix A-Notification of Rights and Options.

A victim who speaks to a confidential Counselor must understand that, if the student victim wants to maintain confidentiality, the college’s ability to conduct an investigation into the particular incident or pursue disciplinary action against the alleged perpetrator(s) may be diminished.

Even so, these Counselors will still assist the victim in receiving other necessary protection and support, such as student victim advocacy, academic support or accommodations, disability, health or mental health services, and changes to living, working or course schedules.  A student victim who at first requests confidentiality may later decide to file a complaint with the college or report the incident to law enforcement, and thus will have the incident fully investigated.  These counselors will provide the victim with assistance if the victim wishes to do so.

Note: While these Counselors may maintain a victim’s confidentiality vis-a-vis the college, they may have reporting or other obligations under state law.  Any college employee who suspects or receives knowledge that a minor student may be an abused or neglected child or, for a student aged 18 through 21, an abused or neglected individual with a disability, is required to: 1) immediately report or cause a report to be made to the Illinois Department of Children and Family Services (DCFS) on its Child Abuse Hotline: and 2) follow directions given by DCFS concerning filing a written report within 48 hours with the nearest DCFS field office.  Also note: If the college determines that the alleged perpetrator(s) pose a serious and immediate threat to the college community, Campus Security may be called upon to issue a timely warning to the community. Any such warning will not include any information that identifies the victim.

  1. Reporting to “Responsible Employees”

A college employee who has the authority to redress sexual harassment, including sexual assaults, who has the duty to report incidents of sexual misconduct, or who an individual could reasonably believe has this authority or duty is a Responsible Employee. Most college employees, including but not limited to supervisors, managers, coaches and faculty are responsible employees. A list of Responsible Employees is available through the Title IX Coordinators.  When a victim tells a Responsible Employee about an incident of sexual harassment including sexual assault, the victim has the right to expect the college to take immediate and appropriate steps to investigate what happened and to resolve the matter promptly and equitably.  A Responsible Employee must report to the Title IX Coordinator and, if applicable, all relevant details about the alleged sexual misconduct shared by the victim so that the college can determine what happened, including the names of the victim and alleged perpetrator(s), any witnesses, and any other relevant facts, including the date, time and specific location of the alleged incident.

To the extent possible, information reported to a Responsible Employee will be shared only with people responsible for handling the college’s response to the report and those with a “need to know”.  The following categories of employees are the college’s Responsible Employees

  • College Administrators
  • Title IX Coordinator and Deputy Coordinators
  • Supervisors and Managerial Staff
  • Faculty
  • Campus Security
  • Coaches

A complete list is available through the Title IX Coordinators.

Before a victim or bystander reveals any information to a Responsible Employee, the employee should ensure that the victim understands the employee’s reporting obligations and, if the victim wants to maintain confidentiality, direct the victim to the confidential resources referenced above.

If the victim wants to tell the Responsible Employee what happened but also maintain confidentiality, the employee should tell the victim that the college will consider the request, but cannot guarantee that the college will be able to honor it.  In reporting the details of the incident to the Title IX Coordinator, the Responsible Employee will also inform the Title IX Coordinator of the victim’s request for confidentiality.

  1. Student Requesting Confidentiality From the College: How the College Will Weigh the Request and Respond

If a victim discloses an incident to a Responsible Employee but wishes to maintain confidentiality or requests that no investigation into a particular incident be conducted or disciplinary action taken, the college must weigh that request against the college’s obligation to provide a safe environment for all students and employees including the student victim.

If the college honors the request for confidentiality, a victim must understand that the college’s ability to meaningfully investigate the incident and pursue disciplinary action against the alleged perpetrator(s) may be diminished The college may not be able to honor a victim’s request in order to provide a safe environment for all students and employees.

The college has designated the following individual(s) to evaluate requests for confidentiality:

  • Title IX Coordinator
  • Vice-President of Academic Affairs
  • Director of Security
  • Legal Counsel

If the college determines that it cannot maintain a victim’s confidentiality, the college will inform the student victim at the earliest point possible and will, to the extent possible, only share information with people responsible for handling the college response and those with a “need to know”.

If the college determines that it can respect a victim’s request for confidentiality, the college will also take immediate action as necessary to protect and assist the student victim.  If a victim’s request for confidentiality limits the college’s ability to formally investigate a particular allegation, the college may take steps to limit the effects of the alleged sexual discrimination, misconduct and prevent its recurrence without initiating formal action against the alleged perpetrator or revealing the identity of the student complainant. Such action may include, but is not limited to providing increased monitoring, supervision or security at locations or activities where the alleged misconduct occurred.

  1. Employee Reporting and Disclosing Sexual  Misconduct of a Student

In addition to the reporting requirements for Responsible Employees, all college employees who have information regarding sexual misconduct of a student or employee are encouraged to report it to the Title IX Coordinator or any Responsible Employee.

  1. Other Procedures for Making a Report of Sexual Assault or Other Sexual Violence, Dating Violence, Domestic Violence or Stalking

Although the college strongly encourages all members of its community to report violations of this policy to law enforcement, it is the victim’s choice whether or not to make such a report and victims have the right to decline involvement with the local police. Campus Security will assist any victim who wants to make an investigative report. Campus Security will also assist any victim with notifying the police department where the incident occurred if they so desire. A victim can contact the Campus Security Department by calling 618-468-2300 or dial “0” from a campus phone.  In the event of any emergency situation, a victim or observer should call 911 for assistance.

Campus Security has procedures in place that serve to be sensitive to those who report sexual assault, domestic violence, dating violence, and stalking, including informing individuals about their right to file criminal charges as well as the availability of medical, counseling and support services, and additional remedies to prevent contact between a complainant and an accused party, such as housing, academic, transportation and working accommodations, if reasonably available. Victims should contact the Title IX Coordinator or a Deputy Title IX Coordinator.

After an incident of sexual assault, the victim should consider seeking medical attention as soon as possible at the nearest hospital or medical facility. Victims can contact Campus Security or the Family Health Clinic for assistance if needed. Anderson Hospital in Maryville, Illinois participates in the SANE program, which is Sexual Assault Nurse Examiner. These nurses are available 24 hours a day to assist sexual assault victims.  St. Anthony’s Hospital in Alton, Illinois is in the process of having two staff members registered for the SANE training.

In Illinois, evidence may be collected even if you chose not to make a report to law enforcement. If the complainant desires full confidentiality he/she should speak with a confidential Counselor, a clinic nurse or an off campus victim advocate.  The college provides confidential individual counseling for students and employees. You may choose to make a confidential report with them. Campus Security does take third party reports. With your permission, the confidential Counselor may file a report on the details of the incident without revealing your identity to the Security Director. The purpose of a confidential report is to attempt to comply with your wish to keep the matter confidential while taking steps to ensure the safety of yourself and others. If the college honors the request for confidentiality, you must understand that the college’s ability to meaningfully make accommodations, investigate the incident and pursue disciplinary action against the alleged offender(s) may be limited.  It is important that a victim of sexual assault not bathe, douche, smoke, change clothing or clean the bed/linen/area where they were assaulted if the offense occurred within the past 96 hours so that evidence  to the prove the  criminal activity may be preserved.  In circumstances of sexual assault, if victims do not opt for forensic evidence collection, health care providers can still treat injuries and take steps to address concerns of pregnancy and/or sexually transmitted disease. Victims of sexual assault, domestic violence, stalking, and dating violence are encouraged to also preserve evidence by saving text messages, instant messages, social networking pages, other communications, and keeping pictures, logs or other copies of documents, if they have any, that would be useful to investigators or the police.

As time passes, evidence may dissipate or become lost or unavailable, thereby making investigation, possible prosecution, disciplinary proceedings, or obtaining protection from abuse orders related to the incident more difficult. If a victim chooses not to make a complaint regarding an incident, he or she nevertheless should consider speaking with someone and taking steps to preserve evidence in the event that the victim changes his/her mind at a later date.

  1. Interim Measures

The college will remain ever mindful of the victim’s well-being, and will take ongoing steps to protect the victim from retaliation or harm and work with the victim to create a safety plan Retaliation against the victim, whether by students or college employees, will not be tolerated the college will also:

  • Assist the victim in accessing other available victim advocacy, academic support, counseling disability, health or mental health services, and legal assistance both on and off campus;
  • Provide other security and support, which could include the college obtaining a no-contact order, helping to change working arrangements or course schedules (including for the alleged perpetrator(s) pending the outcome of an investigation) or adjustments for assignments or tests; and
  • Inform the victim of the right to report a crime to campus or law enforcement and provide the victim with assistance if the victim wishes to do so.

Because the college is under a continuing obligation to address the issue of sexual misconduct campus-wide, reports of such incidents (including non-identifying reports) will also prompt the college to consider broader remedial action- such as increased monitoring, supervision, or security at locations where the reported incident occurred; increasing education and prevention efforts, including to targeted population groups; conducting climate assessments/victimization surveys; and/or revisiting its policies and practices.

  1. Miscellaneous
    1. Take Back the Night and other public awareness events, such as the Clothesline Project, candlelight vigils, protests, survivor speak outs” or other forums in which students disclose incidents are not considered notice to the college of sexual discrimination, harassment or misconduct for purposes of triggering its obligation to investigate any particular incident(s). Such events may, however, inform the need for campus-wide education and prevention efforts, and the college may provide information about students’ Title IX rights at these events.
    2. Electronic Reporting: Although the college encourages victims to talk to someone, the college provides for an online system for electronic reporting for use by victims or bystanders.  The system will notify the user (before s/he enters information) that entering personally identifying information may serve as notice to the college for the purpose of triggering an investigation.  Electronic reports can be filed via the college’s email system and callers will generally receive a response within 12 hours with a list of available resources absent an emergency. See Appendix A - Notification of Rights and Options for email address.
    3. Anonymous Reporting: The college also provide for an anonymous reporting system for victims or bystanders by calling an 800 number. See Appendix A - Notification of Rights and Options for phone number. 
    4. Off-Campus Counselors and Advocates: Off-campus counselors, advocates, and health care providers will also generally maintain confidentiality and not share information with the college unless the victim requests the disclosure and signs consent or waiver form Contact information for such off-campus resources is at Appendix A Notification of Rights and Options. Note: While off-campus counselors and advocates may maintain a victim’s confidentiality vis-a-vis the college, they may have reporting or other obligations under state law.
    5. Clery Act Reporting Obligations:  Pursuant to the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act,” 20 U S C 1092(f)).  The college maintains a public crime log and publishes an Annual Security Report (“ASR”) available to all current students and employees.  The ASR documents three calendar years of select campus crime statistics (including statistics regarding incidents of dating violence. domestic violence, and stalking).  Security policies and procedures and information on the basic rights guaranteed to victims of sexual assault. The Clery Act also requires the college to issue timely warnings to the campus community about crimes that have already occurred but may continue to pose a serious or ongoing threat to students and employees.
  2. Title IX Complaint Investigation Procedures
  1. Formal Investigation Process
    1. Initiation of Investigation by Title IX Coordinator:  Upon receipt of a complaint of sexual misconduct under this Policy by a student victim or complainant, the Title IX Coordinator will appoint a trained investigator who will initiate a prompt, fair and thorough investigation.  The investigation will be coordinated by the Title IX Coordinator and/or one of the Deputy Coordinators (if a student), and the college will generally conclude the investigation within 60 calendar days or less. Where the allegations are complex or other factors delay the investigative process an extension may be granted by the Title IX Coordinator.

With respect to sexual misconduct complaints that relate to a college employee, the Title IX Coordinator and Department of Human Resources will manage the investigation into the allegations made against the college employee and will recommend appropriate sanctions against the college employee.  If the investigation involves both an employee or third party and a student the Title IX Coordinator, Department of Human Resources and a Deputy Coordinator will jointly manage the investigation.

  1. Interim Measures Provided: During the investigation, the Title IX Coordinator and/or a Deputy Coordinator (as applicable) will determine whether the victim and/or complainant receives interim measures as set forth above, and will advise the victim and/or complainant of the right to file a complaint with Campus Security or law enforcement agencies.
  2. Notice to Respondent of Allegations

Generally, within 10 business days of receipt of a complaint by the Title IX Coordinator, the respondent will be given written notice of the general allegations against him/her (unless release of the evidence would endanger the health or safety of victim(s) or witness (es).

  1. Due Process Rights of Victim and/or Complainant and Respondent

The victim and/or complainant and respondent will each be afforded the right to present information and witnesses relevant to his or her case.

When the victim and/or complainant or respondent is requested to appear at an investigatory meeting or proceeding related to a complaint, he or she may be accompanied by an advisor. An advisor is defined as a family member, peer, staff/faculty member of the college, or a union representative. It does not include legal counsel or an attorney at law.

If the respondent is a college employee, then the college may follow any employee misconduct investigation procedures outlined in other applicable employee policies or collective bargaining agreement.

  1. Evidence Considered: A trained investigator(s) will interview and receive evidence from the victim, complainant, respondent and any witnesses identified during the course of the investigation. The victim’s prior sexual history with anyone other than the respondent will not be considered during the investigation or any proceeding related to a complaint. The mere fact of a current or previous consensual dating or sexual relationship between the victim and respondent does not itself imply consent.
  2. Preservation of Evidence:  Any physical evidence gathered by the investigator will be preserved by Campus Security.
  3. Concurrent Criminal Investigation: The existence of a concurrent criminal investigation by law enforcement agencies will not necessarily delay or interrupt the investigation procedures outlined herein. However, the law enforcement agency may request that the college investigation be temporarily suspended.  In such cases, the college will evaluate the law enforcement agency’s request to determine whether and for how long to suspend its investigation.
  4. Report of Investigation.  At the conclusion of the investigation, the trained investigator will prepare a thorough report outlining the complaint, investigation conducted and all relevant evidence obtained; the investigator’s conclusions with an explanation of reasoning and/or support for such conclusions; and recommendations for sanctions or other remedial action as appropriate. The investigator will submit his/her report to the Title IX Coordinator and a Deputy Coordinator (if a student is involved).
  1. Determination
    1. Determination: For student cases, the Title IX Coordinator and/or  Deputy Coordinator (as appropriate) shall review the investigator’s report and all evidence gathered to determine whether the student engaged in sexual misconduct in violation of college policy.  The determination of violations shall be made based on the preponderance of evidence, meaning whether it is more likely than not that this policy was violated.

For employee cases, the Title IX Coordinator will determine whether the employee engaged in sexual misconduct in violation of college policy.

  1. Notice to Respondent. Generally, within seven (7)  business days after receipt of the investigator’s report (or some reasonable extension thereof), the Title IX Coordinator or the Deputy Coordinator will notify the student via certified mail, return receipt requested, of his/her determination. If the Title IX Coordinator or Deputy Coordinator determines that the respondent has violated the college’s prohibition of sexual misconduct, this notification will also advise the student respondent of:
    1. Disciplinary sanctions; and
    2. If a student, the right to appeal the determination and sanctions in accordance with the Appeal Procedures set forth below.

Employee respondents may follow any appeal or grievance process under any other applicable college policies.

  1. Notice to Victim and/or Complainant.  Concurrently with the notice provided to respondent, the Title IX Coordinator or Deputy Coordinator (for students) will notify the victim and/or complainant of his/her determination. If the Title IX Coordinator or Deputy Coordinator determines that the respondent has violated the college’s prohibition of sexual misconduct this notification will also advise the victim and/or complainant of:
    1. Any individual remedies offered or provided to the victim and/or complainant;
    2. Disciplinary sanctions imposed on the respondent that directly relate to the victim and/or complainant,
    3. The right to appeal the determination and sanctions in accordance with the Appeal Procedures below.
  1. Sanctions, Protective Actions, and Remedies
  1. Sanctions. Students who have violated the college’s prohibition on sexual misconduct are subject to any sanctions set forth in the college’s Code of Student Conduct or other Program policies, up to and including expulsion.

College employee respondents who have violated the college’s prohibition of sexual misconduct will be subject to disciplinary action up to and including termination.

  1. Protective Actions. The college may take protective measures as appropriate, including no-contact orders, trespass notices, or other protective measures.  Campus Security will enforce court ordered no-contact, restraining and/or protective orders to the fullest extent.
  2. Remedies. The college will administer remedies for the victim and/or complainant depending upon the specific nature of the complaint.  In addition, the college may administer remedies for the college community as a whole.

Remedies for the victim and/or complainant may include, but are not limited to:

  • Assisting the victim and/or complainant to change his/her academic and/or work environment if requested and if reasonably available;
  • Providing an escort to ensure that the victim and/or complainant can move safely between classes, work and/or activities;
  • Ensuring that the victim and/or complainant and the respondent do not attend the same classes;
  • Identifying counseling services;
  • Identifying medical services;
  • Providing academic support services, such as tutoring:
  • Arranging for the victim and/or complainant to re-take a course or withdraw from a class without penalty, including ensuring that any changes do not adversely affect the victim and/or complainant’s academic record; and
  • Reviewing disciplinary actions taken against the victim and/or complainant to see if there is a causal connection between the harassment and the misconduct that may have resulted in the victim and/or complainant being disciplined.

Remedies for the college community as a whole may include, but are not limited to.

  • Offering counseling, health, mental health, or other holistic and comprehensive victim services to all students and employees affected by sexual discrimination, harassment, and/or misconduct;
  • Designating an individual from the college’s counseling center to be available to assist victims of sexual discrimination, harassment and/or misconduct whenever needed;
  • Developing materials on sexual discrimination, harassment and misconduct for campus-wide distribution to students, employees, and/or third-parties;
  • Creating a committee of students and college officials to identify strategies for preventing and addressing sexual discrimination, harassment and misconduct; and
  • Conducting periodic climate surveys to identify how students and employees perceive and experience sexual discrimination harassment and misconduct at the college.
  1. Title IX Appeal Procedures for Student Victims and/or Complainants and Student Respondents
  1. Appeal Request

A victim and/or complainant or a student respondent who wishes to appeal the decision reached by the Title IX Coordinator or his/her designee at the conclusion of a formal investigation must submit a written request for appeal to the Appeal Board (AB).  This request must be submitted to the Title IX Coordinator within 10 business days after receipt of the Title IX Coordinator/Deputy Coordinator’s letter of determination

The appeal request must be typewritten, must indicate if the requestor wishes to appear in person before the AB, and must state the grounds for appeal.  Appeals must be made on the basis of one or more of the following grounds:

  1. Procedural error was committed.
  2. The finding of facts contained in the decision included inaccurate information.
  3. Specific evidence considered during the investigation is objectionable
  4. Evidence not offered during the investigation is now available. In such cases, the new evidence must be described.
  5. The sanction imposed is lenient, excessive or otherwise inappropriate.

Within 10 business days after receipt of the appeal request, .the Title IX Coordinator or his designee will decide whether to grant the appeal based on whether the appeal meets one of the above enumerated grounds for appeal and shall inform the appellant by certified mail, return receipt request.  If the appeal is granted, the matter will be referred to the AB, and the Hearing Procedures for the AB set forth below will be followed.  In the event of an appeal, the decision(s) of the AB will be final in all cases, other than for cases resulting in a recommendation for suspension or expulsion.

In the event a student victim and/or complainant or a student respondent does not appeal within the required 10 business day period, the decision of the Title IX Coordinator and/or Deputy Coordinator will be final.

If the victim or respondent is a college employee, then any employee misconduct appeal procedures are as outlined in other applicable college policies, including grievance procedure.

  1. Establishment of the Standing AB

A standing AB will hear cases and make recommendations on appropriate disciplinary cases referred to it or appealed to it by student victims, complainants and/or students who are the subject of disciplinary actions involving disciplinary suspension and expulsion. The AB will be established each fall and each member shall receive training as required by law.  It will be composed of the following persons to be appointed by the college President:

Five employees (three regular and two alternates).

None of the above-named persons may sit in any case in which they have a direct personal interest or played a role in the underlying investigation. Decisions in this regard will be made by the AB as a whole.  The college President may appoint interim members as required.

  1. Hearing Procedures for the AB
  1. The hearing will be closed to the public.
  2. The victim and/or complainant and respondent shall each be entitled to appear in person with an advisor (as defined above) and present his/her case to the AB, and call witnesses in his/her behalf. When requested by the victim, the AB shall make arrangements so that the victim and respondent do not have to be in the same room at the same time (such as by arranging for participation via videophone, closed circuit television, video conferencing, or other means).
  3. The hearing will begin with a presentation by the Title IX Coordinator/Deputy Coordinator of his/her determination, followed by a presentation by the appellant.  The appellee may present his/her case as well.
  4. The Title IX Coordinator/Deputy Coordinator, appellant and appellee may present information in oral and written form, by witnesses and/or through documents. The parties will be given an opportunity to question witnesses, except that the respondent may under no circumstances personally or through his/her advisor question the victim.
  5. The AB reserves the right to hear the testimony of witnesses separately, so that the witnesses will not hear each other’s testimonies.
  6. Pertinent and relevant information will be reviewed by the AB without regard for the legal rules of evidence.
  7. The Title IX Coordinator/Deputy Coordinator, appellant and appellee may make closing statements at the conclusion of the hearing on both the issue of misconduct and the issue of the recommended discipline.
  8. An audio recording of the proceedings will be created and a record will be made available to either party upon request.
  9. The AB will render its written decision within 10 business days after the hearing, absent extenuating circumstances.  The decision will be to affirm, reverse or modify the Title IX Coordinator/Deputy Coordinator’s determination as to the violation of college policy and the sanction imposed (if any).
  10. If a student respondent is found not to have engaged in sexual misconduct in violation of college policy, and if coursework has been missed as a direct result of the action taken against the student respondent, appropriate action will be taken to assist the student respondent in completing the course(s).
  11. In all cases other than suspension or expulsion, the decision of the AB is final.
  12. If the decision of the AB is to suspend or expel the student respondent, that decision will be transmitted to the Vice President of Academic Affairs. The student respondent will then have two business weeks after the decision to appeal to the Vice President of Academic Affairs via the grievance procedure.  The appeal/grievance will consist of the student respondent’s written statement of disagreement with the decision and argument for reversal, relevant documentation and the recording or transcript of the AB hearing. The Vice President of Academic Affairs will review relevant information before making a decision.  The Vice President of Academic Affairs will render a decision to uphold the suspension or expulsion or to take other appropriate action.
  1. Procedures Governing Complaints Solely Involving Employees and/or Third Parties

An employee or third party should notify the Title IX Coordinator/Vice President of Administration if he or she believes that the college, its employees or agents have engaged in sexual misconduct in violation of Board Policy.

The Title IX Coordinator/Vice President of Administration will address the complaint promptly and thoroughly as follows.

  1. Filing a Complaint

An employee or third party (hereinafter “Complainant”) who wishes to avail him or herself of this procedure may do so by filing a complaint with the Title IX Coordinator Vice President or his or her designee. The Title IX Coordinator/Vice President will request the Complainant to provide a written statement regarding the nature of the complaint and will request a meeting with the Complainant.  The Title IX Coordinator/Vice President shall assist the Complainant as needed.

  1. Investigation

Each complaint shall be investigated promptly, thoroughly, impartially, and as confidentially as possible.  The Title IX Coordinator/Vice President of Administration or his or her designee will investigate the complaint or appoint a qualified person to undertake the investigation on his/her behalf. As a general rule, all complaints will be investigated, even when the Complainant requests that nothing be done. The investigator will inform potential complainants, complainants, and witnesses that the college prohibits any form of retaliation against anyone who, in good faith, brings a complaint or provides information to the individual investigating a complaint.

  1. Training, Prevention and Education
  1. For Students and Employees

The college will review on an ongoing basis, its sexual misconduct prevention and education programming to ensure students and employees are provided substantive opportunities for training annually to learn about sexual misconduct including primary prevention, bystander intervention, risk reduction, consent, reporting methods, relevant college policies and procedures, retaliation, survivor strategies, the impact of trauma relevant definitions, and other pertinent topics. Students will also receive a copy of this Policy and the related protocols.

  1. For Employees

The college will also provide annual survivor-centered and trauma-informed training to employees involved in: the receipt of a report of a student sexual violence; referral or provision of services to a survivor; any campus complain resolution procedure for sexual violence.

  1. Training for Designated Employees

The Title IX Coordinator, Deputy Coordinators, Campus Security, Responsible Employees, investigators, victim advocates, counselors, legal counsel and anyone else involved in responding to, investigating or adjudicating sexual  misconduct incidents must receive education and training on primary prevention, bystander intervention, risk reduction, consent, reporting obligations, investigation procedures confidentiality requirements relevant college policies and procedures, retaliation the impact of trauma, relevant definition, and other pertinent topics. The college will annually review its training offerings to identify ways in which to enhance its effectiveness.

  1. Publication

The college shall prominently publish on its website, timely update and make available: its comprehensive policy; student notification of rights, contact information for Title IX coordinators; confidential resources and advisors and counseling services; and an explanation of responsibilities of Title IX coordinators, responsible employees; campus security officials and mandated reporters. 

  1. Task Force

The college will also establish a campus-wide task force or participate in a regional task force focused on improving coordination between community leaders and service providers to prevent sexual violence. The task force shall meet a minimum of twice per year.

  1. Reporting

The college will comply with all reporting requirements established by the Board of Higher Education Act and the Preventing Sexual Violence in Higher Education Act.

Smoking Policy

As of July 1, 2015, and in accordance with the Smoke Free Campus Act (Public Act 098-0985), smoking is prohibited on all campus property. Campus property is defined as property that is owned, leased, occupied or otherwise controlled by Lewis and Clark Community College, both indoors and outdoors and in college-owned vehicles. The college’s prohibition extends beyond the limitations of Public Act 098-0985 and is further applied to individuals traveling through campus or on campus in personal vehicles not owned by the college.  The advertising, sale, or free sampling of tobacco products is also prohibited on campus property.

This policy applies to all individuals, including but not limited to students, faculty, staff, other employees, contractors, subcontractors, vendors, volunteers, visitors, guests, and members of the public. The policy is applicable 24 hours a day, seven days a week.

The prohibition includes using any kind of lighted or unlighted smoking materials. Prohibited materials include but are not limited to any kind of pipe, cigar, cigarette, cigarillo, bidi, kretek, hookah, atomizer, vaporizer, marijuana, weed, herb, and electronic cigarette. 

This prohibition does not include (1) smoking associated with a recognized approved religious ceremony, ritual, or activity by American Indians and (2) smoking that is exclusively conducted for the purpose of approved medical or scientific research.

Violations of this policy will subject the violator to a fine of $100. Repeated failure to comply with this policy may result in a ban from campus. Employees and/or students may also be subject to disciplinary action as well. 

The Lewis and Clark Community College Security Department will enforce the provisions of the Smoke Free-Campus Act and this policy. However, compliance and enforcement is also the responsibility of all employees and students. Any form of discrimination or retaliation against an individual for making a complaint or furnishing information concerning an alleged violation will not be tolerated and will result in appropriate corrective action.

Appeals of any fine may be made to the Vice President of Administration within ten (10) calendar days of the receipt of the ticket. Students may appeal discipline in accordance with the Student Code of Conduct and employees may appeal discipline in accordance with the provisions of the college’s personnel policies. 

A smoke-free campus map for all college locations is available on the college’s website: www.lc.edu/smokefree.

Solicitation Policy

Solicitation of employees and students by individuals or profit-making organizations with products or services for personal use is prohibited unless otherwise authorized by the college President or his/her designee. Solicitation by individuals or non-profit organizations is not prohibited provided that it does not interfere with college business, programs and activities, is approved by the Vice President of Student Life, and is affiliated with a college organization, club or office.

Student Right to Know

Please note that Student-Right-to-Know graduation rate and transfer-out data is available at www.lc.edu/right_to_know.

Athletic Participation and Financial Aid (EADA) disclosure is available at www.lc.edu/right_to_know.

The Jeanne Clery Disclosure of Campus security Policy and Crimes Statistics Act (formerly the Campus Security Act) can be found at www.lc.edu/security by clicking “Annual Security Report.”

Technology Resources Policy

All college students, faculty, staff or other personnel who use or have access to the college’s technology resources, including but not limited to computers (e.g. desktops and portable computers, servers, networks, printers, software and data storage media), email, voicemail, facsimile machines, photocopiers and Internet access (collectively, technology resources) should be familiar with, and must comply with, these policies.

  1. Confidentiality and Access Policies

The college’s technology resources store confidential information. Access to this confidential information is granted to users only in connection with the college’s function as an educational institution. Users may access and use the information only for proper purposes and must respect and maintain the confidentiality of that information. Users may not leak, place, post, transmit, or otherwise disclose confidential, sensitive, or proprietary college information, or any private information relating to any individual college employees, contractors, or students, to anyone outside of the college by any means, at any time, or for any reason.

  1. Types of Software Used at College and Software Policies Third Party Software

All third party software used by the college is proprietary to the third party vendor, is protected by copyright and/or trade secret law, and is subject to the terms of the specific software license agreement entered into by the college with the third party vendor with respect to that software. In general, these software license agreements expressly forbid copying of the software, forbid the use of unauthorized copies of the software, may restrict the use of software to particular hardware, and may limit the computers upon which the software may be used or the number of concurrent users of such software. In some cases, the college’s licenses permit certain limited use by students, faculty or staff on home or portable computers. Violation of the provisions of software agreements and or copyright law can subject the college and individuals to substantial damage claims and possible criminal penalties.

Copying of Software - The college prohibits any unauthorized duplication of all software owned or licensed by College. No user may, without proper authorization, duplicate the software that is loaded on his or her computer’s hard disk for use on any other PC without consulting with and obtaining written authorization from the Academic Computing/Help Desk staff.

Installation of Unauthorized Software - College computer users may install software on college hardware with prior written authorization from the Academic Computing/Help Desk staff. Such approval will be granted unless there is a substantial danger of system or network conflicts, configuration changes, etc. Any maintenance required by a PC that was caused by the installation of unauthorized software will be placed at the bottom of the priority list for repair by the Academic Computing/Help Desk Staff.

File-Sharing - Users may not post, upload, download, transmit, distribute, or engage in any “file-sharing” of any data or files (including software, music, audiovisual clips, movies, etc.) unless such activity is consistent with all applicable licenses and approved in advance by College’s Academic Computing/Help Desk Staff.

  1. Use of Technology Resources

The college’s technology resources are property of the college, or are licensed for use by the college and are intended to be used primarily for proper educational institutional purposes.

Monitoring - The college reserves the right to monitor, inspect, access, intercept, review, and when appropriate, disclose any and all information created, entered, received, stored, viewed, accessed or transmitted via college technology resources (including without limitation in databases, data file systems, data archives, Web/Internet/Intranet sites). Users should have no expectation of privacy in connection with the use of college technology resources, including the creation, entry, receipt, storage, accessing, viewing or transmission of data via such resources.

Passwords and Security - All passwords and security used in connection with college technology resources - including voice mail access codes - are college property and must be made available to the college. Users must understand that their use of passwords will not preclude access, monitoring, inspection, interception, review, or disclosure by authorized college personnel. The college also may unilaterally assign and/or change passwords and personal codes. The security of the college’s technology resources is every user’s responsibility.

Academic Computing Staff access each PC in the college periodically to perform system maintenance. Authorized and specifically designated college employees, agents, or representatives may also investigate and/or monitor the use of college systems to ensure that use is consistent with our policies. They may also override all passwords or security codes when deemed necessary.

Lawful Use - College technology resources may not be used to intentionally or unintentionally violate any local, state, federal, or national civil or criminal laws, including copyright and patent laws of any jurisdiction. Unlawful activity includes but is not limited to lotteries, raffles, betting, gambling for anything of value, and participating or facilitating in the distribution of unlawful materials. Users likewise may not upload, post, email, or otherwise transmit any data that is threatening, malicious, tortuous, defamatory, libelous, obscene, or invasive of another’s privacy. Users also may not upload, download, post, email, or otherwise transmit any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment.

Infringement - College computer, electronic, email, and Internet resources may not be used to violate proprietary rights, including copyright, trademark, trade secret, patent, rights of publicity, or any other intellectual property rights.

No Harassment - Users are absolutely forbidden from using college technology resources in any way that may be construed to violate the college’s harassment-free workplace policy or otherwise harass fellow students or other individuals. This prohibition includes sexually explicit or offensive images, messages, cartoons, jokes, ethnic or religious slurs, racial epithets or any other statement or image that might be construed as harassment or disparagement on the basis of race, color, religion, sex, national origin, age, disability, sexual orientation, or any other status protected by law. Users are required to take all reasonable steps to avoid and eliminate receipt of any potentially offensive material; claiming to be a passive recipient of prohibited material is unacceptable. Prohibited conduct includes sending email messages to someone who has requested that the user not do so.

Misrepresentation of Identity - College computer, electronic, email, and Internet resources may not be used to misrepresent, obscure, suppress, or replace one’s identity or the origin of data or communications. For example, “spoofing” and “phishing” (e.g., constructing electronic communications to appear to be from someone else, including to solicit personally identifiable information from recipients) is prohibited. Each user’s name, email address, organizational affiliation, time and date of transmission, and related information included with electronic communications (including postings) must always reflect the true originator, time, date, and place of origination, as well as the original message’s true content.

  1. Internet Guidelines

In addition to the above terms of use, the following guidelines specifically apply to Internet usage. Members of the Lewis and Clark Community College campus community must remember that access to the Internet is a privilege. All College Students, Faculty, Staff or other personnel who use or have access to the Internet through the college must use the Internet resources in an effective, ethical and lawful manner. The following guidelines must be adhered to by all persons whether using systems on-campus or dialing in from off-campus. Failure to do so may result in removal of your account. The account is to be closed if you are no longer associated with the college. Because of limited disk space, it is expected that you check email daily and delete unnecessary messages immediately. Keep messages remaining in your electronic mailbox to a minimum. Subscribers to news and messaging groups/services have an additional responsibility to monitor their electronic mailbox.

Communications Over the Internet - Electronic communications facilities (such as email, talk, network news and Internet Relay Chat) are primarily for college activities. Each individual is responsible for his/her image on the Internet as well as the image of the college. Fraudulent, harassing, or obscene messages and/or other materials must not be transmitted over the Internet or any other network on- or off-campus. Inappropriate messages include but are not limited to the following:

Fraudulent Messages - Messages sent under an assumed name or modified address or with the intent to obscure the origin of the message.

Harassing Messages - Messages that harass an individual or group because of their sex, race, age, religious beliefs, national origin, physical attributes or sexual preference.

Obscene Messages - Messages that contain obscene or inflammatory remarks directed toward an individual or group.

Inappropriate Use of Resources - No one may deliberately attempt to degrade the performance of a computer system on the Internet or to deprive authorized personnel of resources or access to any computer system.

Network Configuration - No one may establish a TCP/IP resource on campus without the explicit consent of Academic Computing/Help Desk. All addresses are administered by Academic Computing/Help Desk and all users must adhere to the addressing conventions established by that department.

Security - No one may use loopholes in computer security systems or knowledge of a special password to damage computer systems, obtain extra resources, take resources from another user, gain access to systems or use systems for which proper authorization has not been given.

System Accounts - Accounts are assigned to individuals and no one may use another person’s account. Use of another user’s account may result in automatic suspension of the account.

Financial Gain - No one may use resources of the Internet for personal financial gain by posting messages that promote the products or services of a local business or their own product or services.

  1. Personal Technology Devices in the Classroom

In an effort to preserve the integrity of the academic environment, extraneous use of personal electronic devices (cell phones, Bluetooth, PDAs, iPods, calculators, etc.) is prohibited during all class meetings. The instructor reserves the right to examine the device in instances where allegations of academic dishonesty are suspected. In emergency situations students must inform the instructor to receive permission to leave the classroom when their cellular phones vibrate (do not have cell phone ring or otherwise disturb the class).