Anti-Harassment, Including Sexual Harassment Policy
Statement of Policy
A working and learning environment that is free from any form of unlawful discrimination including harassment on the basis of any legally protected status is essential and shall be maintained. It will be a violation of College policy for anyone, including any College employee, elected official, vendor, student, contractor or any visitors or third party to harass another individual in the work place, educational environment, or at College-sponsored activities on the basis of any legally protected group status and the College will not tolerate any form of harassment, including sexual 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.
The conduct prohibited by this policy includes unwelcome conduct, whether verbal, physical or visual, that is based upon the individual’s protected status, such as sex, color, race, ancestry, religion, national origin, age, disability, marital status, veteran’s status, citizenship status, sexual orientation or other protected group status as defined by law. The College will not tolerate harassing conduct that affects tangible job benefits or educational development, that interferes unreasonably with an individual’s work or educational performance, or that creates an intimidating, hostile or offensive working or learning environment. Such harassment may include, for example, jokes or epithets about another person’s protected status, or teasing or practical jokes directed at a person based upon his or her protected status.
Definition of Sexual Harassment
“Sexual harassment” consists of unwelcome sexual advances; requests for sexual favors; and other verbal or physical conduct of a sexual nature when made by any individual to another, including persons of the opposite or same sex, where:
1.) Submission to such conduct is made either explicitly or implicitly a term or condition of a person’s employment or educational development;
2.) Decisions affecting an individual’s employment or education are made on the basis of whether the person submits to or rejects sexual demands; or
3.) Such conduct has the purpose or effect of reasonably interfering with an individual’s work or educational performance or creates an intimidating, hostile or offensive working or learning environment.
Also, sexual harassment may occur between students. Any conduct by another student which is physically threatening or humiliating or which unreasonably interferes with a student’s educational performance should be brought to the attention of the College for investigation and appropriate action.
Some conduct commonly defined as sexual harassment includes (but is not limited to):
1.) Verbal: Sexual innuendos; suggestive comments, humor and jokes about sex, anatomy or gender specific traits; sexual propositions or statements of a sexual nature about other employees or students, even outside of their presence.
2.) Nonverbal: Suggestive or insulting sounds (whistling, “catcalls”, “smacking” or “kissing” noises); leering; obscene gestures or sexually suggestive bodily gestures.
3.) Visual: Posters, signs, pin-ups, cartoons or slogans of a sexual nature.
4.) Physical: Unwelcome touching; hugging or kissing; pinching or brushing against the body; physical or emotional coercion of sexual intercourse; or actual assault.
Investigation and Grievance Procedure
Any individual who believes that he/she has been subjected to sexual harassment, has been informed of conduct constituting harassment or who witnesses harassment should promptly submit a complaint to the Vice President of Administration or the President in accordance with the following grievance procedures. Students should submit their complaints to the Vice President of Academic Affairs. The Vice President of Administration or the Vice President of Academic Affairs shall be responsible for the investigation and grievance procedures contained herein. If an employee receives a complaint of harassment directly from another employee the complaint shall be immediately reported to the Vice President of Administration.
1.) Any individual wishing to submit a complaint (i.e., the “complainant”) must submit a statement to the appropriate Vice President (employees–Vice President of Administration; students–Vice President of Academic Affairs), Lewis and Clark Community College, 5800 Godfrey Road, Godfrey, IL 62035, or alternatively, the President. The statement should state the specific facts and/or perceived wrongful act (e.g., location, names, dates, times) to be investigated. All such complaints should be submitted promptly.
2.) The Vice President of Administration or the Vice President of Academic Affairs or his/her designee shall promptly and thoroughly investigate the complaint describing conduct inconsistent with the policy.
3.) If an investigation confirms a violation of this policy has occurred, the College will take corrective action, including discipline, up to and including expulsion or discharge, as is appropriate under the circumstances. In the event of harassment by an individual who does not work for the College, the College will take corrective action as is reasonable and appropriate under the circumstances.
Those who feel they have been sexually harassed or discriminated against may seek assistance from the Illinois Department of Human Rights. The Department of Human Rights is a state agency which will investigate the charge without cost to the individual. If the Department of Human Rights determines that there is evidence of harassment or discrimination, it will attempt to conciliate the matter or it will file a complaint on behalf of the individual with the Illinois Human Rights Commission. The Human Rights Commission will hear the complaint pursuant to its rules and procedures. The agencies may be contacted at the following addresses:
||Illinois Department of Human Rights
||Illinois Human Rights Commission
||State of Illinois Center
||State of Illinois Center
||100 W. Randolph Street, 10th Floor
||100 W. Randolph Street, Suite 5-100
||Chicago, IL 60601
||Chicago, IL 60601
||Telephone (312) 814-6200
||Telephone (312) 814-6269
Reporting harassment will not reflect adversely upon an individual’s employment or educational status. Retaliation is prohibited and persons found to have retaliated or discriminated against an employee, student or other individual for complaining about harassment or for initiating or assisting with a claim of harassment will be subject to appropriate disciplinary action up to and including expulsion or discharge. Anyone experiencing or witnessing any conduct he or she believes to be retaliation should immediately report it.
The rights to confidentiality, both of the complainant and of the accused, will be respected consistent with the management of the College, including the College’s legal obligation to investigate allegations of misconduct and to take corrective action when this conduct has occurred.
Drug and Alcohol Use Policy
All applicable state, federal, and local laws relating to alcoholic beverages and controlled substances will be enforced. Illegal possession, consumption, use, sale, delivery or transfer of alcoholic beverages or controlled substances distribution is prohibited on the college grounds and in College facilities. Students seeking assistance with drug or alcohol problems will be referred by Counseling or the Family Health Clinic to appropriate community services such as Narcotics Anonymous, Alcoholics Anonymous, or local community counseling agencies.
Family Educational Rights and Privacy Act (FERPA)
L&C accords to students all the rights under the Family Educational Rights and Privacy Act of 1974 as amended. The College will not provide access to nor disclose any information from students’ educational records without the written consent of students except as permitted by FERPA: to L&C officials who have a legitimate educational interest in the record, in connection with a student’s request for or receipt of financial aid, to accrediting organizations to carry out their functions, to comply with a judicial order, to appropriate parties in a health or safety emergency, and to release directory information (see below).
L&C officials with legitimate educational interest in a student’s educational records may access those records without the student’s consent. A school official includes: a person employed by the College in an administrative, supervisory, academic or research, or support staff position, a person elected to the Board of Trustees, a person employed by or under contract to the College to perform a special task, such as the attorney or auditor.
A school official has a legitimate educational interest if the official is performing: a task that is specific to his or her position description or by a contract agreement; a task related to a student’s education; a task related to the discipline of a student.
Unless specifically requested otherwise in writing to the Director of the Enrollment and Advising, the College may disclose the following Directory Information: (1) name, (2) whether or not currently enrolled, (3) dates attended, and (4) degrees and honors attained. Additionally, to comply with the Solomon Amendment, the College will release to authorized military personnel the following directory information: student’s name, address, telephone listing, date of birth, academic year, academic major, and degrees received. Students can request non-disclosure of above Directory Information by completing a form available from the Director in the Enrollment Center, Baldwin 1450.
Students have the right to review their educational records. Any information within the record is open for the student’s inspection. If a student wishes to inspect the educational record, the student should begin the process by completing a Request to Inspect and Review Education Record form. If a student wishes to challenge data in the educational record which he or she considers inaccurate, misleading, or otherwise in violation of the student’s privacy rights, the student may request a hearing to be conducted. The request form may be obtained from the Enrollment Center.
Under FERPA a student’s right to review his or her records supersedes the right of the parent when the student becomes 18 or is enrolled in a post-secondary institution.
NOTE: The College uses students’ College ID numbers and social security numbers for limited and specific purposes. The College is required to obtain students’ social security numbers for the purposes of Federal financial aid, College employment (IRS reporting), and Hope/Life Long Learning Scholarship reporting. The Family Educational Rights and Privacy act (FERPA) requires implementation of policies to protect a student’s “educational records” and “personally identifiable information” including College ID numbers and social security numbers. College ID numbers and social security numbers are protected and not released to a third party without each student’s written permission.
Religious Observances Policy
Lewis and Clark 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 Student Development and Counseling.
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, she faxes the registration 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.
In compliance with the Smoke Free Illinois Act, L&C is a “smoke-free” campus in that smoking is not permitted in any indoor campus facility. The use of e-cigarettes or any other smoking device is also not permitted in any indoor College facility. Smoking is permitted outdoors, but smokers should not block the entranceways of buildings or smoke within 15 feet of building entranceways, windows or ventilation systems.
Smoking is not permitted in College vehicles or while operating equipment.
Any amendment to the Smoke Free Illinois Act that becomes effective after the effective date of this policy shall be incorporated into this policy by reference.
Cigarette and cigar remnants, ashes or other tobacco wastes and matches should be deposited in appropriate receptacles.
Violators or those who refuse to comply with this policy may be subject to appropriate corrective action. Enforcement of this policy is the responsibility of all employees.
Solicitation of employees and students by individuals or profit-making organizations with products or services for personal use is prohibited unless otherwise authorized by the College President or his/her designee. Solicitation by individuals or non-profit organizations is not prohibited provided that it does not interfere with College business, programs and activities, is approved by the Vice President of Student Life, and is affiliated with a College organization, club or office.
Student Right to Know
Please note that Student-Right-to-Know graduation rate and transfer-out data is available at www.lc.edu/right_to_know.
Athletic Participation and Financial Aid (EADA) disclosure is available at www.lc.edu/right_to_know.
The Jeanne Clery Disclosure of Campus security Policy and Crimes Statistics Act (formerly the Campus Security Act) is available at www.lc.edu/securityreport.
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), e-mail, voicemail, facsimile machines, photocopiers and Internet access (collectively, technology resources) should be familiar with, and must comply with, these policies.
A. 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.
B. Types of Software Used at College and Software Policies Third Party Software
All third party software used by the College is proprietary to the third party vendor, is protected by copyright and/or trade secret law, and is subject to the terms of the specific software license agreement entered into by the College with the third party vendor with respect to that software. In general, these software license agreements expressly forbid copying of the software, forbid the use of unauthorized copies of the software, may restrict the use of software to particular hardware, and may limit the computers upon which the software may be used or the number of concurrent users of such software. In some cases, the College’s licenses permit certain limited use by students, faculty or staff on home or portable computers. Violation of the provisions of software agreements and or copyright law can subject the College and individuals to substantial damage claims and possible criminal penalties.
Copying of Software - The College prohibits any unauthorized duplication of all software owned or licensed by College. No user may, without proper authorization, duplicate the software that is loaded on his or her computer’s hard disk for use on any other PC without consulting with and obtaining written authorization from the Academic Computing/Helpdesk staff.
Installation of Unauthorized Software - College computer users may install software on College hardware with prior written authorization from the Academic Computing/Helpdesk 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/Helpdesk Staff.
File-Sharing - Users may not post, upload, download, transmit, distribute, or engage in any “file-sharing” of any data or files (including software, music, audiovisual clips, movies, etc.) unless such activity is consistent with all applicable licenses and approved in advance by College’s Academic Computing/Helpdesk Staff.
C. 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, e-mail, 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, e-mail, 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, e-mail, 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 e-mail messages to someone who has requested that the user not do so.
Misrepresentation of Identity - College computer, electronic, e-mail, 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, e-mail 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.
D. Internet Guidelines
Communications Over the Internet - Electronic communications facilities (such as e-mail, talk, network news and Internet Relay Chat) are primarily for College activities. Each individual is responsible for his/her image on the Internet as well as the image of the College. Fraudulent, harassing, or obscene messages and/or other materials must not be transmitted over the Internet or any other network on- or off-campus. Inappropriate messages include but are not limited to the following:
Fraudulent Messages - Messages sent under an assumed name or modified address or with the intent to obscure the origin of the message.
Harassing Messages - Messages that harass an individual or group because of their sex, race, age, religious beliefs, national origin, physical attributes or sexual preference.
Obscene Messages - Messages that contain obscene or inflammatory remarks directed toward an individual or group.
Inappropriate Use of Resources - No one may deliberately attempt to degrade the performance of a computer system on the Internet or to deprive authorized personnel of resources or access to any computer system.
Network Configuration - No one may establish a TCP/IP resource on campus without the explicit consent of Academic Computing/Helpdesk. All addresses are administered by Academic Computing/Helpdesk 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.
E. 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).