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 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  statuses  as defined 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 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  statuses  as defined 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 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  statuses  as defined 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 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  statuses  as defined by law, 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
2. 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.
3. 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.
4. 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.
5. 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.
6. Termination
   1. No employee will be discharged on the basis of 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 statuses as defined 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 is a violation of College policy for anyone, including any College employee, elected official, vendor, volunteer, student, contractor, visitor or third party to discriminate against or harass another individual in the workplace, educational environment, 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. 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 an individual’s protected status, including but not limited to sex, color, race, ancestry, religion, national origin, age, disability, marital status, veteran’s status, citizenship status, sexual orientation, gender-related identity or any 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.

Reporting and Investigation

Every elected official, employee, student, volunteer, contractor and visitor is expected to avoid any behavior or conduct that could reasonably be interpreted as prohibited discrimination or harassment under this Policy.

Any person who believes he or she has been subjected to sex-based discrimination, sexual harassment or any other form of sex-based misconduct, who has been informed of conduct constituting sex-based discrimination, sexual harassment or other sex-based misconduct, or who witnesses sex-based discrimination, sexual harassment or other sex-based misconduct, should promptly submit a report to the College’s Title IX Coordinator. For additional information regarding the College’s prohibition on sex-based misconduct and procedures for addressing sex-based misconduct, please see the College’s Sex-Based Misconduct Policy and Procedures, which can be found at www.lc.edu/4rsv. All reports and complaints alleging sex-based discrimination, sexual harassment or other sex-based misconduct shall be processed in accordance with the College’s Sex-Based Misconduct Procedures, which can be viewed at: www.lc.edu/uploadedFiles/Pages/Consumer_Information/Sex%20Based%20Misconduct%20Procedures%20LC%20Fall%202020.pdf

Anyone who believes they have been subjected to discrimination or harassment based on a category or categories other than sex, who has been informed of conduct constituting discrimination or harassment based on a category or categories other than sex, or who witnesses discrimination or harassment based on a category or categories other than sex, should promptly submit a report in accordance with the procedures outlined below. It is critical in establishing a workplace and educational environment free of discrimination and harassment that an individual who experiences or witnesses such conduct has access to a mechanism for reporting such conduct. At the same time, the purposes of this Policy against harassment are not furthered where a report or complaint is found to be frivolous or made in bad faith. A report or complaint that is determined to be frivolous or made in bad faith may result in disciplinary consequences, up to and including discharge or expulsion.

1. Reporting Non-Sex Based Discrimination and Harassment

Students who wish to report non-sex based discrimination or harassment should contact the Vice President of Academic Affairs, Vice President of Student Affairs, or the Vice President of Administration.

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 incidents of alleged discrimination or harassment reported to or observed by them.

All employees are required to promptly report discrimination and/or harassment involving students to the Vice President of Administration. Notwithstanding the foregoing, this Policy does not require an employee to report such harassment or discrimination to the individual who is creating the harassment or discrimination. No employees, not even the highest-ranking people in the College, are exempt from the reporting requirements of this Policy.

2. Investigating Complaints of Non-Sex Based Discrimination and Harassment

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 report or complaint of harassment directly from another employee, the report or complaint shall be immediately forwarded to the Vice President of Administration.

1. Any individual wishing to submit a complaint (i.e., the “complainant”) alleging non-sex based discrimination or harassment, whether the victim or a bystander, may submit his/her complaint to the appropriate Vice President or President (Employees, volunteers, elected officials, contractors and/or visitors - Vice President of Administration or President; Students - Vice President of Academic Affairs or Student Affairs). 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 submitted 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.
2. The Vice President of Administration and/or the Vice President of Academic Affairs or a designee shall promptly and thoroughly investigate the complaint.
3. If the College determines that 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 of Complaints

Complaints of discrimination or harassment that are based on categories other than sex may be resolved either informally or formally. Informal resolution is voluntary. In the event that either party does not wish to participate in informal resolution or the applicable Vice President determines that informal resolution is inappropriate, the formal investigation and resolution process will be initiated.

Prohibited Retaliation

Good faith reporting of alleged 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 reporting or complaining about discrimination or harassment, or for participating in an investigation of alleged discrimination or harassment, will be subject to appropriate disciplinary action, up to and including expulsion or discharge. Among the acts protected under this section are: making a good faith report or complaint of harassment; assisting or cooperating in an investigation of a complaint by someone else, whether internally or with an external agency; filing a charge of discrimination or harassment; or otherwise providing information in a proceeding, including in a court, administrative or legislative hearing, related to violations of discrimination or harassment laws. Examples of the types of retaliation that are prohibited by this Policy include, but are not limited to: intimidation; discrimination; verbal or physical abuse; adverse actions with respect to pay, work assignments, and other terms of employment; termination of employment; or threats of any such actions. Anyone experiencing or witnessing any conduct he or she believes to be retaliation should immediately report it pursuant to the reporting procedures above.

Confidentiality

The right to confidentiality of the complainant and the accused, and of witnesses who participate in an investigation, will be respected to the extent possible, provided that maintaining such confidentiality does not interfere with the College’s obligations to investigate allegations of misconduct and to take corrective action when such misconduct is found to have has occurred.

Other Options for Assistance

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. These 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

The Office of the Civil Rights/Chicago
U.S. Department of Education
Citigroup Center
500 West Madison Street, Suite 1475
Chicago, IL  60661
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

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.

Filming and Photography on Campus Policy

Lewis & Clark Community College encourages filming and photography on its properties within the guidelines of this policy.  In all instances, filming and photography will be approved on Lewis & Clark Community College campuses and locations only if it does not interfere with the educational or other program functions or events of the College; does not pose a security or safety risk to those involved in the filming and photography or other campus users; does not cause damage to any College asset; and, the use or re-use of the resulting film or photography product is consistent with the interests of the College and other applicable policies.

Incidental, Non-Commercial Filming Or Photography In Public Places

The College’s historic buildings and grounds, as well as its gardens, provide a desired backdrop by area photographers for family, engagement, prom, and other special event photos or for use by amateur photographers.  Photographers are welcome to use exterior, public areas of the campus as a backdrop for these non-commercial photographs, but should generally check with the campus safety department to alert security to their presence on campus.  Any individual who uses College property for such purposes must respect the rights of our students, employees and visitors not to be photographed or filmed without their knowledge and permission (see below).

Any such incidental filming or photography by faculty, staff, students, visitors or tourists shall not be used or reused for commercial purposes at any time without the express written permission of the College.

Commercial Filmmakers And Photographers

The College requires explicit written permission for all film, photo, and video shooting on College property done for commercial purposes.  Commercial purposes include promotional, marketing, commercial, advocacy, or similar purposes, via any medium, including online digital platforms.  Should a filmmaker or photographer shooting for commercial purposes have a special request to utilize College property for filming or photography, that request must be directed to the Vice President of Administration 10 days prior to the planned shoot. A determination will be made within that 10-day period.

If approved for commercial filming or photography, the individual or entity seeking approval must provide a certificate of insurance for workers’ compensation and general liability insurance as specified in the approval, naming the College as an additional insured.  The individual or entity seeking approval for commercial filming and photography must also agree to indemnify the College from any claims and pay the approved filming or photography fee in advance of the shoot.   The College may impose additional fees to cover direct costs for related College services required by the shoot, including safety, security, grounds preparation and restoration, traffic control, facilities, equipment and all other costs associated with the request.

To the extent commercial filming or photography is approved, Lewis & Clark Community College may not be identified as the location, except in those limited circumstances when the Vice President of Administration approves a specific request for such use of College property.  Prohibited forms of identifying Lewis & Clark Community College as the location include filming or photographing trademarks, icons, recognizable College landmarks, and merchandise containing trademarked images/logos (such as flags, apparel, posters and other miscellaneous items). Identification also includes verbal references on film or video.

The College reserves the right to restrict filming or photography of a lecture, concert, theatrical production, or similar event.  Commercial filming or photography of athletic or other special events requires approval of the Vice President of Administration consistent with this policy.

It is the responsibility of the individual or entity engaging in commercial filming or photography to secure releases from the persons photographed or video recorded in the course of the shoot.

Private Event Photography

Individuals or organizations who have been granted a license to use College facilities for special events may film or photograph contemporaneous with the event without an additional permit, including commercial photography or videography, so long as it is consistent with all other aspects of College policies and regulations and is used solely by the licensee for non-commercial purposes.

Student Work

Lewis and Clark students may film or take photographs on campus as part of an academic project if they obtain approval from their professor or the Vice President of Administration in advance. The student’s plans to film or photograph on campus must comply with all College policies.

Journalists

News organizations are generally permitted to film and take photographs in open areas of the campus. Journalists should contact the Media Services Department beforehand. News reporters and photographers should have media credentials to identify themselves and are expected to follow journalistic codes of conduct and ethics.

Please note: Permission from the College is not transferrable to any other individual or entity. The College reserves the right to deny permission to photograph or film or revoke such permission at any time with or without notice consistent with the interests of the College.

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.

Sex-Based Misconduct Prohibition Policy

Policy Statement

Lewis and Clark Community College is committed to maintaining a safe and healthy educational and employment environment that is free from discrimination, harassment and other misconduct on the basis of sex, which includes sexual orientation and gender-related identity.  The College prohibits all forms of sex-based misconduct, including but not limited to sex discrimination, sexual harassment, sexual violence, domestic violence, dating violence, and stalking.  The College also prohibits discrimination and harassment on the basis of sex, sexual orientation, gender-related identity and expression, pregnancy, and parental status under Policy 505: Anti-Harassment, Including Sexual Harassment.

It is the policy of Lewis and Clark Community College to comply with Title IX of the Education Amendments of 1972 (“Title IX”), the Violence Against Women Reauthorization Act (“VAWA”), Title VII of the Civil Rights Act of 1964 (“Title VII”), the Illinois Human Rights Act, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”), the Preventing Sexual Violence in Higher Education Act, and all other applicable laws and local ordinances regarding unlawful sex-based discrimination, harassment or other misconduct.

Individuals found to have engaged in prohibited sex-based misconduct will be subject to disciplinary action, up to and including termination and/or expulsion from the College.

Title IX Compliance

As required under Title IX, the College does not discriminate on the basis of sex in the education program or activity that it operates.  This requirement not to discriminate extends to admission and employment.

The College has designated the Vice President of Administration and the Vice President of Student Engagement as the Title IX Coordinators, who are responsible for coordinating the College’s efforts to comply with its responsibilities under Title IX.  Inquiries about the application of Title IX and 34 C.F.R. Part 106 may be directed to the College’s Title IX Coordinator(s), the Assistant Secretary for Civil Rights at the United States Department of Education, or both.

Retaliation Prohibited

Any form of retaliation, including intimidation, threats, harassment and other adverse action taken or threatened against any complainant or person reporting sex discrimination, sexual harassment or other sex-based misconduct, or against any person cooperating in the investigation of allegations of sex-based misconduct (including testifying, assisting or participating in any manner in an investigation), is strictly prohibited.

Implementing Procedures

The College will establish, maintain and publish procedures implementing this Policy, which set forth:

• The scope and jurisdiction of the College’s prohibition on sex-based misconduct;
• Definitions of prohibited conduct;
• Responsibilities of and contact information for the College’s Title IX Coordinators and Director of Human Resources;
• Options for assistance following an incident of sex-based discrimination, harassment or other misconduct;
• Procedures for reporting and confidentially disclosing alleged sex-based misconduct, including a mechanism for reporting and independent review of allegations against one elected official by another elected official;
• The College’s response to reports of alleged sex-based misconduct;
• The College’s grievance process for complaints alleging Title IX sexual harassment and/or alleging sexual violence, domestic violence, dating violence, or stalking;
• Prevention and education programming provided to College students; and
• Training and education provided to the Title IX Coordinators, campus safety, and anyone else involved in the receipt of reports of, responding to, investigating or adjudicating alleged incidents of sexual discrimination, harassment or other misconduct, or involved in the referral or provision of services to survivors.

I. Purpose

The College is committed to maintaining a safe and healthy educational and employment environment that is free from discrimination, harassment and misconduct on the basis of sex, which includes sexual orientation or gender-related identity. The purpose of these Procedures is to implement the College’s Policy Prohibiting Sex-Based Misconduct (Board Policy 707) and the College’s Anti-harassment, Including Sexual Harassment Policy (Board Policy 706), ensure a safe and healthy educational and employment environment, and meet legal requirements in accordance with: Title IX of the Education Amendments of 1972 (“Title IX”), which prohibits discrimination on the basis of sex in the College’s education programs or activities; relevant sections of the Violence Against Women Reauthorization Act (“VAWA”); Title VII of the Civil Rights Act of 1964 (“Title VII”), which prohibits discrimination on the basis of sex in employment; relevant sections of the Illinois Human Rights Act, which prohibits discrimination on the basis of sex or sexual orientation, including gender-related identity; the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (“Clery Act”), which requires timely warning to the community of certain immediate threats; the Preventing Sexual Violence in Higher Education Act; and other applicable law and local ordinances.

The College has an affirmative duty to take immediate and appropriate action once it knows or its management should know of an act of sex-based discrimination, sexual harassment or other sex-based misconduct in any of its educational or employment programs or activities.  The College will promptly and thoroughly investigate any complaints of sexual discrimination, harassment and/or misconduct in accordance with the procedures set forth below.

II. Jurisdiction

The College’s Policy Prohibiting Sex-Based Misconduct and these implementing Procedures apply to students, faculty, staff, appointees, or third parties, regardless of sexual orientation or gender-identity, 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. The conduct may have the effect of creating a hostile environment for a member of the College community.

III. Scope

These Procedures govern sex-based misconduct in various forms, many of which may trigger legal obligations under one or more state and federal laws. In no case does the inapplicability of a particular legal framework require the College not to address an act of misconduct falling within the scope of these Procedures.

Sections I-VII and IX-X include provisions relevant to sex-based misconduct in all its forms.

Sections VI.A and VI.B address specific reporting procedures for students and employees, respectively. Section VIII, which describes a grievance process with a required live hearing, applies only to formal Title IX complaints and complaints alleging sexual violence, domestic violence, dating violence or stalking.

Appendix A provides definitions for these Procedures.

IV. Administration

A. Title IX Coordinator

The College has designated the Vice President of Administration and the Vice President of Student Engagement as the Title IX Coordinator(s).  Contact information for the Title IX Coordinator(s) is as follows:

Responsibilities of the Title IX Coordinators include, but are not limited to:

• 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 or complaints.
• 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.
• Conducting and/or assigning Title IX investigations, including the investigation of facts relative to a complaint.
  • With respect to Title IX complaints that relate to a College employee as the  complainant or as the respondent, the Title IX Coordinator(s) will partner with the Department of Human Resources to manage the investigation into the allegations and recommend any appropriate sanctions against an employee.
  • The Title IX Coordinator must not be the decision-maker for a determination of responsibility in response to a formal Title IX complaint of sexual harassment.
• Coordinating any appropriate supportive measures and ensuring the effective implementation of any remedies.
• Ensuring that appropriate policies and procedures are in place for working with law enforcement and coordinating services with local victim advocacy organizations and services providers, including rape crisis centers.
• Ensuring that adequate training is provided to students, faculty and staff on Title IX issues.
• Monitoring students’ participation in athletics and across academic fields to ensure that sex discrimination is not causing any disproportionate enrollment based on sex or otherwise negatively affecting a student’s access to equal educational opportunities.
• Developing a method to survey the school climate and coordinating the collection and analysis of information from that survey.
• Promoting an educational and employment environment which is free of sex discrimination and gender bias.

Inquiries concerning the application of Title IX may be referred to the Title IX Coordinator(s) or to the Assistant Secretary for Civil Rights at the United States Department of Education:

Office for Civil Rights, Chicago Office
U.S. Department of Education
Citigroup Center 
500 W. Madison Street, Suite 1475 
Chicago, IL 60661-4544
Telephone: 312-730-1560 
Email: OCR.Chicago@ed.gov

B. Lewis and Clark’s Department of Human Resources

The Department of Human Resources will partner with the Title IX Coordinator with respect to any complaints of sex-based misconduct that involve a College employee as the complainant or as the respondent. For any such complaints that involve a College employee as the respondent and fall outside the scope of Title IX, the Department of Human Resources will manage the investigation into the allegations and issue a decision and any appropriate sanction(s).

For complaints of sex-based misconduct that involve a College employee as the respondent, investigatory and disciplinary procedures required by any applicable collective bargaining agreement will apply in addition to these Procedures.

V. Options for Assistance Following an Incident of Sex-Based Discrimination, Harassment, or Misconduct

A. On- and Off-Campus Counselors and Advocates

The following on- and off-campus counselors and advocates can provide an immediate confidential* response in a crisis situation, as well as ongoing assistance and support:

Lewis and Clark Counseling Services, Caldwell Hall 2335, 618-468-4125, Confidential Counselor*: Terri Austin (taaustin@lc.edu)

Call for Help* (Sexual Assault Victim’s Care Unit), Granite City: 618-797-1049, Edgemont: 618-397-0975, East St. Louis: 618-271-8990

*Indicates Confidential Advisors, as defined in Appendix A.

Note: While the above-listed counselors and advocates may maintain a reporting person’s confidentiality vis-à-vis the College, they may have reporting or other obligations under State law.

B. Emergency Response

Anyone who experiences or observes an emergency situation should immediately call 911 and/or the phone number listed below:

Lewis and Clark Campus Safety: 618-468-2300 or dial “0” from any campus phone

C. On-and Off-Campus Health Care Options

Individuals may seek treatment for injuries, preventative treatment for sexually transmitted disease, and/or other health services by contacting one of the following health care providers:

*Indicates health care options which provide medical forensic services (rape kits) and/or Sexual Assault Nurse Examiners at no cost, pursuant to the Sexual Assault Survivors Emergency Treatment Act (410 ILCS 70).

Seeking medical treatment also serves to preserve physical evidence of sexual violence.

Off-campus health care providers will generally maintain confidentiality and not share information with the College unless the reporting person requests the disclosure and signs a consent or waiver form.  Note, however, that while these health care providers may maintain a reporting person’s confidentiality vis-à-vis the College, they may have other reporting obligations under State law.

D. State of Illinois Sexual Harassment and Discrimination Helpline

The Illinois Department of Human Rights has established a helpline for individuals to obtain information about their reporting options and referrals to other resources. The helpline is available Monday through Friday, from 8:30 a.m. to 5:00 p.m., at 877- 236-7703.

VI. Making a Report of Alleged Sex-Based Misconduct

Any student, employee or community member who wishes to avail himself or herself of these Procedures may do so by making a report to the Title IX Coordinators or any member of management at Lewis and Clark.  Students may also make a report to any Responsible Employee, as defined below.  Detailed information concerning student and employee reporting follows below.

A. Student Reporting

The College encourages students who have experienced sex-based misconduct to talk with someone about what happened so that they can get the support they need and so that the College can respond appropriately.  Different employees on campus have different reporting obligations with regard to alleged sex-based misconduct.  Some College employees (referred to as “Responsible Employees”) are required to report all incidents of sex-based misconduct to the Title IX Coordinator, including the identities of the persons involved in the incident.  While only designated Responsible Employees are required to report all incidents of sex-based misconduct to the Title IX Coordinator, all members of the College community (including students) are encouraged to report such incidents to the Title IX Coordinator.

The various reporting options available are set forth in further detail below.  Regardless of to whom a report is made, the College will provide the person alleged to be the victim, if identified, with concise information, written in plain language, of the person’s rights and options pursuant to these Procedures.                                                      

Immunity for Good-Faith Reporting:  Students who in good faith report an alleged violation of the College’s Policy Prohibiting Sex-Based Misconduct will be granted immunity and will not receive a disciplinary sanction for a student conduct violation (such as underage drinking) revealed during the course of reporting.  Immunity will not be provided for student conduct violations which the College determines are egregious, including without limitation misconduct which places the health or safety of another person at risk.

1. Student Reporting to the Title IX Coordinator(s)

Students are encouraged to report alleged incidents of sex-based misconduct to the Title IX Coordinator(s) directly.  The College’s Title IX Coordinators are:

2. Student Reporting to Responsible Employees

A Responsible Employee, as defined in Appendix A, must report to the Title IX Coordinator all relevant details about an alleged incident of sex-based misconduct shared by a student, including the date, time and specific location of the alleged incident, and the names of all involved individuals.  To the extent possible, information shared with a Responsible Employee will be disclosed only to the Title IX Coordinator and/or those individuals responsible for handling the College’s response to the report.

The following categories of employees are the College’s Responsible Employees:

• Title IX Coordinator(s)
• College Administrators
• Supervisors and Managerial Staff
• Faculty
• Campus Safety Officers
• Coaches
• Advisors (including all student club advisors)

Before a student reveals any information to a Responsible Employee, the employee should ensure that the student understands the employee’s reporting obligations.  If the student wants to make a confidential report, the Responsible Employee should direct the student to the confidential resources listed in Section VI.A.3 below.

If the student wants to tell the Responsible Employee what happened but also maintain confidentiality, the employee should tell the student that the College will consider the request, but that the College cannot guarantee it 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 student’s request for confidentiality.

3. Confidential Reporting

Students who wish to confidentially report an incident of sex-based misconduct may make a confidential report to:

Lewis and Clark Counseling Services, Confidential Counselor Terri Austin, 618-468-4125, taaustin@lc.edu

This individual is a Confidential Advisor, as defined in Appendix A.  Professional, licensed counselors who provide mental health counseling to students (including counselors who act in that role under the supervision of a licensed counselor) are not required to report any information about an alleged incident to the Title IX Coordinator without a student’s permission.

Note: While the individual(s) listed above may maintain a student’s confidentiality vis-à-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 a person alleged to be the perpetrator of sexual misconduct poses a serious and immediate threat to the College community, Campus Safety may be called upon to issue a timely warning to the College community.  Any such warning will not include any information that identifies the person alleged to be the victim.

4. Electronic and/or Anonymous Reporting

The College maintains an online system for electronic reporting.  The reporter may choose to provide his/her identity or may choose to report anonymously.  The system will notify the user, before he/she enters information, that entering personally identifying information may serve as notice to the College for the purpose of triggering an investigation.  Anonymous reports can be filed at 4rsv@lc.edu or by calling 855-RSV-4RSV (855-778-4778). Where a reporter chooses to provide his/her identity and contact information, the College will respond to the reporter within 12 hours.

5. Note Regarding Student Participation in Public Awareness Events

Public awareness events such as “Take Back the Night,” 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 sex-based discrimination, harassment or misconduct for purposes of triggering an obligation to investigate any particular incident(s). Such events may, however, inform the need for campus-wide education and prevention efforts, and the College will provide information about students’ rights at these events.

B. Employee Reporting

1. Alleged Sex-Based Misconduct of a Student

In addition to the reporting requirements for Responsible Employees (see Section VI.A), all College employees who have information regarding sex-based misconduct of a student should report it to the Title IX Coordinator or any Responsible Employee.

2. An employee should notify the Title IX Coordinator or Director of Human Resources if he or she believes that the College or a member of the College community has engaged in sex discrimination, sexual harassment or other sex-based misconduct in violation of the College’s Policy Prohibiting Sex-Based Misconduct or Anti-harassment, including Sexual Harassment Policy.

C. Board Member Reporting

Members of the College’s Board of Trustees and other elected officials should promptly report claims of sex-based misconduct against a Board member. Board members and elected officials should report claims of sex-based misconduct against a Board member to the Board Chair or College President. If the report is made to the College President, the President shall promptly notify the Board Chair, or if the Board Chair is the subject of the complaint, the Board Vice Chair. When a complaint of sex-based misconduct is made against a member of the Board of Trustees, the Board Chair shall consult with legal counsel for the College to arrange for an independent review of the allegations. If the allegations concern the Board Chair, or the Board Chair is a witness or otherwise conflicted, the Board Vice Chair shall so consult with legal counsel. If the allegations concern both the Board Chair and the Board Vice Chair, and/or they are witnesses or otherwise conflicted, the Board Secretary shall so consult with legal counsel. The investigator shall prepare a written report and submit it to the Board.

VII. College Response to Reports of Alleged Sex Discrimination, Harassment, or Other Misconduct

A. Processing of Report

Upon receipt of a report, the Title IX Coordinator will analyze the report to determine the appropriate method for processing and reviewing it.

For any report alleging sexual harassment, as defined under Title IX, and/or alleging sexual violence, domestic violence, dating violence or stalking pursuant to the Preventing Sexual Violence in Higher Education Act, the Title IX Coordinator will promptly contact the person alleged to be the victim (hereinafter “complainant”) to

1. Discuss the availability of supportive measures (see Section VII.B below);
2. Consider the complainant’s wishes with respect to supportive measures;
3. Inform the complainant of the availability of supportive measures with or without the filing of a formal complaint; and
4. Explain to the complainant the process for filing a formal complaint.

B. Supportive Measures

Supportive measures (also referred to as “interim protective measures”) are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to a complainant or respondent, irrespective of whether a formal complaint has been filed.

Examples of supportive measures that the College may offer include, but are not limited to:

• Counseling and mental health support;
• Extensions of deadlines or other course-related adjustments;
• Leaves of absence;
• Changes to academic, living, dining, transportation and/or working schedules or situations;
• Increased security and monitoring of certain areas of campus;
• Issuance and enforcement of mutual campus no contact orders; and
• Enforcement of an order of protection or no contact order entered by a State civil or criminal court.

A report of alleged sex-based misconduct may also prompt the College to consider broader remedial action, such as increased monitoring, supervision or security at locations where the alleged incident occurred; increased education and prevention efforts, including to targeted population groups; the use of climate assessments and/or victimization surveys; and/or revisions to the College’s policies and practices.

The College will maintain as confidential any supportive measures provided to a complainant or respondent, to the extent that maintaining such confidentiality would not impair the College’s ability to provide the supportive measures.

The Title IX Coordinator(s) is/are responsible for coordinating the College’s implementation of supportive measures.

C. Emergency Removals and/or Administrative Leave

Prior to initiating or completing the Grievance Process in response to a formal complaint, described further in Section VIII below, or in the absence of a formal complaint, the College may remove a respondent from the College’s education program or activity on an emergency basis.  Where the alleged conduct, if proven, would constitute sexual harassment as defined under Title IX, the College will effectuate an emergency removal only where the College has determined, based on an individualized safety and risk analysis, that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal.  In such cases, the College will provide the respondent with notice and an opportunity to challenge the decision immediately following the removal.

In addition, the College may place an employee on administrative leave during the pendency of the Grievance Process in response to a formal complaint.

D. 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 will 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.  The Clery Act also requires the College to maintain a public crime log and publish 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.

VII. Grievance Process for Complaints Alleging Title IX Sexual Harassment and/or Alleging Sexual Violence, Domestic Violence, Dating Violence or Stalking

For purposes of this Grievance Process, a formal complaint is a document filed by a complainant or signed by the Title IX Coordinator, alleging (a) sexual harassment in violation of Title IX and/or (b) sexual violence, domestic violence, dating violence or stalking in violation of the Preventing Sexual Violence in Higher Education Act; and requesting that the College investigate the allegation.  At the time of filing a formal complaint pursuant to this Grievance Process, the complainant must be participating in or attempting to participate in the College’s education programs or activities, either as a student or an employee.  Should a formal complaint be filed, the Title IX Coordinator will investigate the formal complaint or appoint a qualified person to undertake the investigation on his or her behalf.

The College as it deems appropriate may extend the time provided in this Grievance Process to comply with a requirement and may postpone the scheduled date for any proceeding, meeting, or hearing, provided that the extended deadline or postponed date would not exceed a time limit required by law.  Where a party requests an extension of time or postponement of a scheduled date and the College grants the request, the extension or postponement will be provided on an equal basis to both parties.

A. Notice of Allegations

Within 10 business days after signing a formal complaint or receiving a formal complaint filed by a complainant, the Title IX Coordinator will provide written notice to the parties who are known of the following:

1. This Grievance Process, including the informal resolution process, where applicable.
2. The allegations potentially constituting sexual harassment under Title IX and/or sexual violence, domestic violence, dating violence or stalking under the Preventing Sexual Violence in Higher Education Act, including sufficient details known at the time and with sufficient time to prepare a response before any initial interview.
3. That the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process.
4. That the parties may have an advisor of their choice, who may be, but is not required to be, an attorney.
5. That the parties may inspect and review any evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint, including evidence upon which the College does not intend to rely in reaching a determination regarding responsibility, and inculpatory or exculpatory evidence, whether obtained from a party or other source.
6. The College Code of Conduct provision(s) that prohibit knowingly making false statements or knowingly submitting false information during the grievance process.

If, during the course of an investigation, the College decides to investigate allegations that are not included in the initial written notice of allegations, the Title IX Coordinator will provide subsequent written notice of the additional allegations to all known parties.

B. Informal Resolution

At any time after receiving the initial notice of allegations (See Section VIII.A above), and prior to a determination regarding responsibility being reached, the complainant and respondent may request to participate in an informal resolution process.  Informal resolution will only occur with both parties’ voluntary, written consent.  At any time prior to agreeing to a resolution, any party will have the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint.

The College does not permit informal resolution in cases involving alleged sexual harassment, sexual violence, domestic violence, dating violence or stalking by a College employee toward a student.

C. Consolidation of Formal Complaints

The Title IX Coordinator may consolidate formal complaints as to allegations against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of sexual misconduct arise out of the same facts or circumstances.

D. Dismissal of Formal Complaints

If, during the course of an investigation or following an investigation into a formal complaint, the Title IX Coordinator or designated Investigator determines that the conduct alleged in the formal complaint would not constitute sexual harassment as defined in 34 C.F.R. § 106.30 (Title IX) even if proved, did not occur in the College’s education program or activity, or did not occur against a person in the United States, then the Title IX Coordinator will dismiss the formal complaint with regard to that conduct for purposes of Title IX.  In cases where the College determines that Title IX is not applicable but the College still intends to apply this Grievance Process to resolve the alleged misconduct, the College will inform the parties that Title IX is inapplicable but that such Process will nevertheless be applied.  In addition, dismissal of a formal complaint for purposes of Title IX does not preclude action under other College policies and procedures.

The Title IX Coordinator may dismiss a formal complaint, or any allegations therein, at any time during an investigation if:  (1) the complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any allegations therein; (2) the respondent is no longer enrolled or employed by the College; or (3) specific circumstances prevent the College from gathering evidence sufficient to reach a determination as to the formal complaint or allegations therein.

Upon dismissal-either of a complaint altogether, or of a complaint for purposes of Title IX-the Title IX Coordinator or Investigator will promptly send written notice of the dismissal and reason(s) for the dismissal simultaneously to the parties.  Dismissal of a formal complaint under this Process does not preclude action under other College policies and procedures.

E. Investigation of Formal Complaint

The Title IX Coordinator will appoint one or more trained investigators to undertake an investigation into a formal complaint.  Throughout the investigation, the parties will be afforded an equal opportunity to present witnesses including fact and expert witnesses, and other inculpatory and exculpatory evidence.  The Investigator will not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence.  Any proceeding, meeting, or hearing held to resolve formal complaints pursuant to this Grievance Process will protect the privacy of the participating parties and witnesses.

Both parties will be afforded an opportunity to be accompanied to any meeting or proceeding by an advisor of their choice, who may be, but is not required to be, an attorney.  The advisor’s role is limited to providing support, guidance and/or advice, and to conducting cross-examination during the live hearing (see Section VIII.F below).  A party’s advisor may not speak on behalf of the party during any meeting, interview or hearing and must comply with all behavioral rules and expectations set forth in these Procedures.  If a party’s advisor violates these Procedures or engages in behavior that harasses, abuses or intimidates a party, witness or individual resolving a complaint, that advisor may be prohibited from further participation.

When a party’s participation is invited or expected at an investigative interview or other meeting, the Investigator will provide that party with written notice of the date, time, location, participants, and purpose of said interview or meeting at least three (3) business days prior to the interview or meeting.

At the conclusion of the investigation and prior to the Investigator’s completion of his/her investigative report, the Investigator will send to each party (and the party’s advisor, if any) the evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint, either in electronic format or in hard copy.  The parties will have 10 business days to submit a written response to the evidence, which the Investigator will consider prior to completion of his/her investigative report.

After receiving and reviewing the parties’ written responses, if any, the Investigator will create an investigative report that fairly summarizes the relevant evidence, and will forward a copy of his/her report to the Title IX Coordinator.  Upon receipt of the Investigator’s Report, the Title IX Coordinator will schedule a hearing.  At least 10 business days prior to the hearing, the Title IX Coordinator will:

1. Provide both parties with written notice of the hearing date, time, location, participants (including the name of the appointed Hearing Officer) and purpose of the hearing; and
2. Send to each party (and the party’s advisor, if any) the investigative report in electronic format for their review and written response.

F. Hearings

A hearing will be conducted by a Hearing Officer appointed by the College.  Both parties will have the opportunity to request a substitution if the participation of the appointed Hearing Officer poses a conflict of interest.  A party wishing to request a substitution must contact the Title IX Coordinator within three (3) business days after the party’s receipt of the notice of hearing to make such a request.

At the request of either party, the College will arrange for the live hearing to occur with the parties located in separate rooms, with technology enabling the Hearing Officer and parties to simultaneously see and hear the party or witness answering questions.  A party wishing to request that the live hearing occur with the parties located in separate rooms must contact the Title IX Coordinator to request such an arrangement at least three (3) business days in advance of the hearing.  The College may conduct any live hearing virtually, with the participants in one or more separate geographical locations, and with technology enabling participants simultaneously to see and hear each other.

At the live hearing, each party’s advisor will be permitted to ask the other party and any witnesses all relevant questions and follow-up questions, including those challenging credibility.  Such cross-examination will be conducted directly, orally, and in real time by the party’s advisor of choice and may never be conducted by a party personally.

If a party does not have an advisor who is available to conduct cross-examination on behalf of that party at the live hearing, then the College will provide the party with an advisor of the College’s choice, free of charge, to conduct cross-examination on behalf of that party.  To invoke this right, the party must notify the Title IX Coordinator at least three (3) business days in advance of the hearing that the party does not have an advisor to conduct cross-examination.  A party who fails to notify the College that he/she does not have an advisor within the required three (3) business day timeframe will waive the right to request that an advisor be appointed.

Only relevant questions, as determined by the Hearing Officer, may be asked of a party or witness.  Questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant and will not be permitted, except where:

1. The questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant; or
2. The questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.

If a party or witness does not submit to cross-examination at the live hearing, the Hearing Officer will not rely on any statement of that party or witness in reaching a determination regarding responsibility; however, the Hearing Officer will not draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions.

The College will make all evidence obtained as part of the investigation that is directly related to the allegations raised in the formal complaint available for the parties’ inspection and review during the hearing.  In addition, the College will create an audio or audiovisual recording, or transcript, of the live hearing, which the Title IX Coordinator will make available to the parties for inspection and review upon request.

G. Determination Regarding Responsibility

Within ten (10) business days after the conclusion of the hearing, the Hearing Officer will make a decision regarding responsibility.  The Hearing Officer will apply a preponderance of the evidence standard when determining responsibility.  Within seven (7) business days of reaching his/her decision, the Hearing Officer will issue a written determination to both parties simultaneously.  The written determination will include:

1. Identification of the allegations potentially constituting sexual harassment as defined in 34 C.F.R. § 106.30 (Title IX) and/or constituting sexual violence, domestic violence, dating violence or stalking pursuant to the Preventing Sexual Violence in Higher Education Act;
2. A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and hearings held;
3. Findings of fact supporting the determination;
4. Conclusions regarding the application of the College Code of Conduct or other conduct standards to the facts;
5. A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions the College imposes on the respondent, and whether remedies designed to restore or preserve equal access to the College’s education program or activity will be provided by the College to the complainant; and
6. The procedures and permissible bases for the complainant and respondent to appeal.

H. Appeals

Both parties will have the right to appeal any determination regarding responsibility, and any dismissal of a formal complaint or allegations therein, to the Appeals Officer or designee.  An appeal must be based on one or more of the following grounds:

1. A procedural irregularity occurred;
2. New evidence or information exists that could affect the outcome of the matter;
3. The Title IX Coordinator, Investigator or Hearing Officer had a conflict of interest or bias for or against complainants or respondents generally, or the individual complainant or respondent, that affected the outcome of the matter; and/or
4. The sanction is disproportionate with the violation.

A party who wishes to appeal a determination regarding responsibility or a dismissal of a formal complaint or allegations therein must submit a written appeal request to the Title IX Coordinator within seven (7) business days of the party’s receipt of the written determination or written dismissal notice.  The written appeal request must identify the ground(s) on which the party seeks to appeal the determination or dismissal.

Within seven (7) business days of the Title IX Coordinator’s receipt of an appeal request, the Title IX Coordinator will forward the appeal request to the Appeals Officer or designee and will notify the other party in writing that an appeal has been filed.  Before reaching a determination regarding the appeal, the Appeals Officer will afford both parties an equal opportunity to submit a statement in support of, or challenging, the determination or responsibility or dismissal that is the subject of the appeal.  Within seven (7) business days after the Appeals Officer or designee has concluded his/her review of the appeal, the Appeals Officer or designee will issue a written decision simultaneously to both parties, describing the outcome of the appeal and the rationale for the outcome.  The Appeals Officer or designee’s decision is final.

IX. Prevention and Education for Students

The College will review on an ongoing basis, its sexual discrimination, harassment and misconduct prevention and education programming to ensure students and employees are provided substantive opportunities to learn about sexual discrimination, harassment and misconduct, including primary prevention, bystander intervention, risk reduction, consent, reporting methods, relevant College policies and procedures, retaliation, survivor-centered and trauma-informed response, relevant definitions, and other pertinent topics.

The College, in conjunction with its Preventing Sexual Misconduct Task Force established pursuant to the Campus Security Enhancement Act of 2008 (110 ILCS 12/10), will annually review its prevention and education offerings to identify ways in which to enhance its effectiveness.

X. Training

The Title IX Coordinator(s), campus law enforcement, campus security, and anyone else involved in the receipt of reports of, responding to, investigating or adjudicating alleged incidents of sexual discrimination, harassment or other misconduct, or involved in the referral or provision of services to survivors receive annual education and training on primary prevention, bystander intervention, risk reduction, consent, reporting obligations, investigation procedures, confidentiality requirements, relevant College policies and procedures, retaliation, survivor-centered and trauma-informed response, relevant definitions, and other pertinent topics.

In addition to the above training, individuals who investigate or resolve complaints, including through informal resolutions, receive at least 8-10 hours of annual training on issues related to Preventing Sexual Violence in Higher Education Act offenses including sexual violence, domestic violence, dating violence, and stalking; the scope of the College’s education program or activity; the Title IX and College definitions of sexual harassment; how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias; and how to conduct the College’s Grievance Process outlined in Section VIII, above.  Decision-makers in particular receive training on any technology to be used at live hearings and on issues of relevance of questions and evidence, including when questions and evidence about the complainant’s sexual predisposition or prior sexual behavior are not relevant.  Investigators in particular receive training on issues of relevance so as to enable them to create an investigative report that fairly summarizes relevant evidence.

All Confidential Advisors receive 40 hours of training on sexual violence before being designated a Confidential Advisor. Annually thereafter, Confidential Advisors attend a minimum of six (6) hours of ongoing educational training on issues related to sexual violence. Confidential Advisors also receive periodic training on the College administrative process, interim protective measures and accommodations, and the College’s Grievance Process pursuant to Section VIII above.

The College, in conjunction with its Preventing Sexual Misconduct Task Force established pursuant to the Campus Security Enhancement Act of 2008 (110 ILCS 12/10), will annually review its training offerings to identify ways in which to enhance its effectiveness.

Any materials used to train Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process, will not rely on sex stereotypes and will promote impartial investigations and adjudications of formal complaints of sexual harassment.

Appendix A

Definitions for the College’s Sex-Based Misconduct Procedures

1. Bystander Intervention: see Section 5 of the Preventing Sexual Violence in Higher Education Act, 110 ILCS 155/5.
2. Complainant: an individual who is alleged to be the victim of conduct that could constitute sex-based misconduct.
3. Confidential Advisor: a person who is employed or contracted by the College to provide emergency and ongoing support to student survivors of sexual violence. Confidential Advisors may include persons employed by a community-based sexual assault crisis center with whom the College partners.  Individuals designated as “Responsible Employees” in Section VI of these Procedures are not Confidential Advisors.
4. Consent: knowing and voluntary agreement to engage in sexual activity. Coercion, force, or the threat of either invalidates consent.  Consent may not be inferred from silence, passivity, or a lack of verbal or physical resistance.  A person’s manner of dress does not constitute consent.  Past consent to sexual activities does not imply ongoing or future consent.  Consent to engage in sexual activity with one person does not constitute consent to engage in sexual activity with another person.  Consent may be withdrawn at any time.  A person cannot consent to sexual activity if that person is unable to understand the nature of the activity or give knowing consent due to circumstances, including without limitation the following: 1) the person is incapacitated due to the use or influence of alcohol or drugs; 2) the person is asleep or unconscious; 3) the person is under age; or 4) the person is incapacitated due to a mental disability.
5. Dating Violence: 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.
6. 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.
7. Education Program or Activity: a location, event, or circumstance over which the College exercised substantial control over both the respondent and the context in which the sex-based misconduct occurs, and also includes any building owned or controlled by a student organization that is officially recognized by the College.
8. Hate Crime: an act or an attempted act that violates a criminal statute by any person that in any way constitutes an expression of hostility toward the victim because of his or her  sex, race, ethnicity, religion, age, disability, national origin, sexual orientation, or gender-related identity, color, marital status, military status or unfavorable military discharge.
9. Hostile Environment Caused by Sexual Harassment: a sexually harassing hostile environment is created when conduct by an individual is so severe, pervasive or persistent that it denies or limits an individual’s ability to participate in or receive the benefits, services or opportunities of the College’s educational programs or activities or the individual’s employment access, benefits or opportunities.  In determining whether a hostile environment has been created, the conduct in question will be considered from both a subjective and an objective perspective of a reasonable person in the alleged victim’s position, considering all the circumstances.
10. Incapacitation: when a person is incapable of giving consent due to the person’s age, use of drugs or alcohol, or because an intellectual or other disability which prevents the person from having the capacity to give consent.
11. Intimidation: to intentionally make another timid or fearful, to compel or deter by or as if by threats. Intimidation is a form of retaliation prohibited by the College’s Policy Prohibiting Sex-Based Misconduct and these Procedures.
12. Preponderance of the Evidence: when considering all the evidence in the case, the decision-maker is persuaded that the allegations are more probably true than not true.
13. Respondent: an individual who has been reported to be the perpetrator of conduct that could constitute sex-based misconduct.
14. Responsible Employee: a College employee who has the authority to redress sex-based misconduct, who has the duty to report incidents of such misconduct or other student misconduct, or whom a student could reasonably believe has this authority or duty. Section VI of these Procedures lists categories of employees who are Responsible Employees for the College.
15. 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 and may violate the protections of the State Employees and Officials Ethics Act, the Whistleblower Act, and the Illinois Human Rights Act.  Action is generally deemed adverse if it would deter a reasonable person in the same circumstances from opposing practices prohibited by the College’s Sex-Based Misconduct Policy and these Procedures. Retaliation may result in disciplinary or other action independent of the sanctions or supportive measures imposed in response to the allegations of sexual discrimination, harassment or misconduct.
16. Sexual Assault: any type of sexual contact or behavior that occurs by force or coercion, without consent of the recipient of the unwanted sexual activity, or in a familial relationship of a degree that would prohibit marriage.  It includes sexual acts against a person who is unable to consent either due to age or lack of capacity or impairment.  Examples include forcible sexual intercourse, forcible sodomy, forcible fondling, child molestation, incest, attempted rape, statutory rape and rape. Sexual assault can occur between members of the same or opposite sex.  Sexual assault includes any forced act against one’s will where sex is the weapon.
17. Sex-Based Misconduct: misconduct on the basis of sex, sexual orientation or gender-related identity.  Such misconduct includes sex discrimination, sexual harassment, sexual assault, sexual exploitation, dating violence, domestic violence, sexual violence and stalking.
18. Sexual Exploitation: 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, non-consensual voyeurism, knowingly transmitting HIV or a sexually transmitted disease to another, or exposing one’s genitals to another in non-consensual circumstances.
19. Sexual Harassment:  unwelcome sexual advances, requests for sexual acts or favors, and other verbal, non-verbal or physical conduct of a sexual nature when:

• Submission to such conduct is made explicitly or implicitly a term or condition of an individual’s employment, academic advancement, evaluation, or grades;
• Submission to or rejection of such conduct by an individual is used as a basis for employment, academic advancement, evaluation, or grading decisions affecting that individual;
• Such conduct has the purpose or effect of substantially interfering with an individual’s employment or educational performance or creating an intimidating, hostile, or offensive employment or educational environment; or
• Such conduct denies or limits an individual’s ability to participate in or receive the benefits, services or opportunities of the College’s educational programs or activities or the individual’s employment access, benefits or opportunities.

Examples of conduct of a sexual nature may include:

• Verbal: Specific demands for sexual favors, sexual innuendoes, sexually suggestive comments, jokes of a sexual nature, sexual propositions, or sexual threats, whether spoken or in emails, articles, documents, or other writings.
• Non-Verbal: Sexually suggestive objects or pictures, graphic commentaries, suggestive or insulting sounds or gestures, leering, whistling, or obscene gestures.
• Physical: Touching, pinching, brushing the body, or any unwelcome or coerced sexual activity, including sexual assault.

20. Sexual Violence: physical sexual acts attempted or 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.  All such acts of sexual violence are forms of sex discrimination prohibited by Title IX.
21. Survivor: an individual who has experienced sexual violence, domestic violence, dating violence, or stalking while enrolled, employed, or attending an event at a higher education institution.
22. Survivor-Centered: see Section 5 of the Preventing Sexual Violence in Higher Education Act, 110 ILCS 155/5.
23. 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. 
24. Threat: any oral or written expression or gesture that could be interpreted by a reasonable person as conveying an intent to cause harm to persons or property.
25. Trauma-Informed Response: see Section 5 of the Preventing Sexual Violence in Higher Education Act, 110 ILCS 155/5.

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 are 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 Engagement, 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.

2. 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 - Lewis and Clark Community College will comply with copyright laws and license agreements entered into with vendors and computer software authors. 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 - The installation or use of non-college software on Lewis and Clark Community College computers is prohibited unless approved in writing by 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 - To avoid the risk of copyright infringement and exposure to viruses/malware, 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.

3. 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.

4. 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 remotely 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, blogs, network news, and Internet video and 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.

5. 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).

Weapons on Campus Policy

Consistent with the College’s commitment to provide a safe and secure environment, the College maintains a policy prohibiting any individual from possessing, carrying, displaying, brandishing, discharging or otherwise having control of or using firearms or weapons either on his person or in his vehicle anywhere on College property or in any College buildings, even if that person has a valid federal or state license to possess a weapon or firearm.  College employees are similarly prohibited from possessing, carrying, displaying, brandishing, discharging or otherwise having control of or using firearms or weapons in the performance of duties or when performing work on behalf of the College, whether on or off of College property, except as expressly outlined below. 

The prohibitions of this policy extend to all property, including parking areas, sidewalks and common areas, owned, leased or controlled by the College where activities, programs or classes are held or College work or business is performed, including College vehicles.  The prohibitions of this policy also apply when the College property is used for public or private gatherings.  The prohibitions of this policy extend to concealed firearms, meaning a loaded or unloaded handgun carried on or about that person completely or mostly concealed from view of the public or in the vehicle of that person, even if an individual has a permit for “concealed carry” pursuant to Public Act 98-0063, the Firearm Concealed Carry Act.

As a limited exception to the prohibitions on weapons in this policy, individuals licensed to carry a concealed firearm may transport a firearm into the parking areas on College property at the [Godfrey Campus, N.O. Nelson campus in Edwardsville, the Confluence campus, the Macoupin County Community Education Center, the Tri-County Community Education Center, St. Patrick’s Adult Education Center and the Bethalto Training Center] if the firearm and its ammunition remain locked in a case out of plain view within the parked vehicle or in the vehicle’s trunk.  Any licensed individual must immediately, upon parking the vehicle in any of the College’s designated parking spaces, either: (a) store his or her firearm or ammunition in a secure case or locked container out of plain view within the vehicle, or (b) store the firearm within the vehicle’s trunk.  In the event the individual stores the firearm in the vehicle’s trunk, the individual must ensure that the firearm is unloaded at the time the individual exits the vehicle.

This policy does not prohibit the authorized use of a weapon or firearm used in connection with a weapons safety course or weapons education course offered in the regular course of College business or approved by the College; or the authorized use of a weapon or firearm by an on duty law enforcement and/or College security officer required to carry a weapon or firearm as a condition of his or her employment; or the use of a weapon or firearm in connection with College sanctioned classes, performances, athletics, or recreational sports practices, games, matches, tournaments or events on Campus when the activity requires the use of such weapons or firearms (e.g., starter pistols) and prior written approval has been received from the College. Similarly, this policy allows for active law enforcement officers who enter onto College property to carry a licensed or authorized service weapon provided that if the law enforcement officer enters College property outside of the officer’s assigned duty hours, the officer must notify the Security Department that the officer has brought an allowed weapon on to College property.

Persons who violate any of the terms of this Policy shall be subject to all civil and criminal penalties as provided by law. In addition:

1. Any student found to be in violation of this Policy is subject to suspension or expulsion from the College.
2. Any College employee found to be in violation of this Policy is subject to suspension or termination of employment.
3. Any third person (meaning, an individual who is neither an employee nor a student) found to be in violation of this Policy is subject to exclusion from any College property or facility for a period of not less than one (1) calendar year.