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Student Code of Conduct

Overview

The following policies are designed for the general well-being of all members of the College community. Violations of the Student Code of Conduct may result in remedial action against the student violator and in sanctions being imposed as hereinafter provided. The Student Code of Conduct is also in effect off-campus when students are in attendance at a function sponsored by the College, Associated Student Body or other groups. This could include dances, social events, club activities, athletic events, educational pursuits, internships, trips, or other College related experiences. Updates to the Student Code of Conduct are posted on the Dean of Student Services web site.

Academic Dishonesty

Cheating or plagiarism in any form is unacceptable. The College functions to promote the cognitive and psychosocial development of all students. Therefore, all work submitted by a student must represent his/her own ideas, concepts and current understanding.

Academic Dishonesty includes:
  1. Cheating - intentionally using or attempting to use unauthorized materials, information, or study aids in any academic exercise. The term “academic exercise” includes all forms of work submitted for credit hours.
  2. Fabrication - intentional and/or unauthorized falsification or invention of any information or the source of any information in an academic exercise.
  3. Collusion - facilitating academic dishonesty intentionally or knowingly helping or attempting to help another to commit an act of Academic Dishonesty.
  4. Plagiarism - the deliberate adoption or reproduction of ideas or words or statement of another person as one’s own without acknowledgment.
The sanctions imposed for a violation of this section of the Code are independent of, and in addition to, any adverse academic evaluation which results from the student’s conduct. The course instructor is responsible for academic evaluation of a student’s work and shall make that evaluation without regard to any disciplinary action which may, or may not, be taken against a student under the Student Code of Conduct.

Alcoholic Beverages

  1. Illegal possession or consumption of alcoholic beverages (beer, wine, liquor or other beverages- which are controlled as an alcoholic beverage under Idaho law) is prohibited in College or College-owned, leased or operated facilities and on campus grounds.
  2. Alcoholic beverages may not be possessed or consumed under any circumstances in areas open to, and most commonly used by, the general public. Public areas include, but are not limited to, lounges, College Union buildings, recreation rooms, conference rooms, athletic facilities and other public areas of College owned buildings or grounds.
  3. Sale of alcoholic beverages is prohibited in College-owned, leased or operated facilities and on campus grounds.
  4. Guests and visitors shall observe these regulations while on campus or other College property. Noncompliance may subject a person to sanctions imposed by the College as well as to the provisions of local and state law. (Adopted by the State Board of Education, December 1, 1977).
  5. For LCSC sponsored events which are open to the campus community and at which alcohol will be present, the sponsor will work with the Dean of Student Services or the appropriate academic or vocational Dean to assure adherence to this policy. The following information will need to be provided to assure adherence.
    1. Names and ages of individuals designated as bartenders or servers to check identification.
    2. Means to inform participants of applicable state and federal laws regarding alcohol consumption.
    3. Nonalcoholic beverages and food consumption
    4. Designated driver program
  6. No social event shall include any form of drinking contest in its activities or promotion. The Idaho law states that it is illegal to sell, serve or furnish beer, wine or other alcoholic beverages or intoxicating liquor to a person under 21 years of age. It is illegal for any person under 21 years of age to purchase or attempt to purchase, procure, possess, or consume any alcoholic or intoxicating liquor.
There are a number of minors attending LCSC and as a state institution, the College is legally obligated to comply with the state law.

Non-Smoking Policy and Building Access

By Executive Order Number 92-2 of the Governor of Idaho, smoking tobacco or similar substances is not allowed inside any College-owned or operated building. To provide building access which is smoke-free, while still accommodating those who elect to smoke, the campus has established smoke-free and smoking permitted building entrances.

Members of the campus community can observe the signs at building entrances to discern where they may enter and be free of second hand smoke, or conversely, when they may elect to smoke.

Drugs

Possession, manufacture, distribution, use or sale of marijuana, drug narcotics or other controlled substances classified as illegal under Idaho law, except those taken under a doctor’s prescription is prohibited on College-owned or controlled property (as that term is herein and hereafter used, College-owned or controlled property includes student housing owned by or rented through the College), or at any College-sponsored or supervised function (See campus policy on Alcohol and Drug abuse, and rules on sanctions for alcohol and drug abuse).

Falsification of college Records

The willful falsification of official record or documents or the submission of records or documents to the College with knowledge of their falsity is prohibited. Falsification of records or documents includes, but is not limited to, the following: the forging or alteration of, or the knowing use of false or inaccurate registration documents, documents submitted in support of residency determinations, transcripts, fee receipts, identification cards, meal tickets, parking decals, financial aid forms, telephone billing cards, and ASLCSC forms or documents.

Sexual Misconduct

  1. Sexual Harassment can include unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct of a sexual nature, including sexual assault. Sexual harassment, including sexual assault, can involve persons of the same or opposite sex. Consistent with the law, this policy prohibits two types of sexual harassment:

    1. Tangible Employment or Educational Action

      This type of sexual harassment occurs when the terms or conditions of employment, educational benefits, academic grades or opportunities, living environment or participation in a College activity is conditioned upon, either explicitly or implicitly, submission to or rejection of unwelcome sexual advances or requests for sexual favors, or such submission or rejection is a factor in decisions affecting that individual’s employment, education, living environment, or participation in a College program or activity. Generally, perpetrators will be agents or employees with some authority from the College.


    2. Hostile Environment

      Sexual harassment may create a hostile environment.


  2. Sexual Misconduct includes sexual assault, inducing incapacitation for sexual purposes, sexual exploitation, and relationship violence.


  3. Sexual Assault means an actual or attempted sexual contact with another person without that person’s consent. Sexual assault includes, but is not limited to:



    1. Involvement in any sexual contact when the victim is unable to consent.
    2. Intentional and unwelcome touching of, or coercing, forcing, or attempting to coerce or force another to touch a person’s intimate parts (defined as genital area, groin, inner thigh, buttocks, or breast).
    3. Sexual intercourse without consent, including acts commonly referred to as “rape.” Consent is informed, freely given, and mutual. If coercion, intimidation, threats, or physical force are used there is no consent. If a person is mentally or physically incapacitated or impaired so that such person cannot understand the fact, nature or extent of the sexual situation, there is no consent; this includes impairment or incapacitation due to alcohol or drug consumption, or being asleep or unconscious. There is no consent when there is force, expressed or implied, or use of duress or deception upon the victim. Silence does not necessarily constitute consent. Past consent to sexual activities does not imply ongoing future consent. Whether an individual has taken advantage of a position of influence over an alleged victim may be a factor in determining consent.

Title IX

“Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. §§ 1681 et seq., and its implementing regulations, 34 C.F.R. Part 106, prohibit discrimination on the basis of sex in education programs or activities operated by recipients of federal financial assistance. Sexual harassment of students, which includes acts of sexual violence, is a form of sex discrimination prohibited by Title IX.” (Source: U.S. Department of Education Office of Civil Rights, Dear Colleague Letter, April 4, 2011). Acts of sexual discrimination, sexual harassment, and sexual violence represent violations of the LCSC Code of Conduct even when they occur off campus. Inquiries concerning Title IX may be directed to the Title IX Coordinator:

Title IX Coordinator
Spalding Hall, Room 103B
208-792-2553

Students who believe they are victims of sexual misconduct are encouraged to report same to any campus official immediately. Similarly, students who believe they have witnessed or otherwise know of a case of sexual misconduct should report it to a campus official. Specifically, students may file such reports to:

Vice President for Student Affairs
Reid Centennial Hall, Room 112
208-792-2218
studentaffairs@lcsc.edu

Title IX Coordinator
Spalding Hall, Room 103B
208-792-2553

Director of Human Resource Services
Administration Building, Room 102
208-792-2269
hr@lcsc.edu

Director of Campus Security
Meriwether Lewis Hall, Room 110
208-792-2226
security@lcsc.edu

Head Athletic Trainer
Activity Center, Room 168
208-792-2000


Coeur d’Alene Center
1031 N Academic Way, Suite 140
Coeur d’Alene, Idaho 83814
208-666-6707


Reports may be filed confidentially. Students filing complaints requesting anonymity will be apprised of the potential limitations of the student judicial process when such requests are granted and, the granting of those requests may not be guaranteed if the safety of the campus community is deemed at risk.

If school officials know or reasonably should know about possible sexual harassment or sexual violence, a report must be filed. A prompt investigation will occur even if an alleged victim or victim’s advocate (parent, faculty member, etc.), requests that no action on the part of the institution be taken.

Complainants in such cases will be apprised of the estimated timeframe in which investigation procedures and student disciplinary proceedings will occur. Generally, from the time a report is received until a final decision has been rendered (e.g., sanctions have been imposed), the process may take up to 60 calendar days (this does not include appeals). Circumstances surrounding an individual case may require the process to take longer.

Harassment

Any practice by a group or an individual that detains a member of the College community against his or her will without cause or authority to do so, endangers his/her health, jeopardizes his/her safety, or interferes with class attendance or the pursuit of education or work responsibilities and which occurs on College-owned or controlled property or while the violator is attending or participating in a College-sponsored event or activity is prohibited. Use of College Internet addresses or College technology to harass is also prohibited on and off campus. Furthermore, the Idaho Criminal Code has designated malicious harassment as a serious act punishable by the State. LCSC supports Idaho authorities and will not tolerate harassment in any form.

Idaho Criminal Code: 18-7902 Harrassment

Stalking and Trespassing
It shall be unlawful for any person, maliciously and with the specific intent to intimidate or harass another person because of that person’s race, color, religion, ancestry or national origin to:
  1. cause physical injury to another person; or
  2. damage, destroy, or deface any real or personal property of another person; or
  3. threaten, by word or act, to do the acts prohibited; if there is reasonable cause to believe that any of the acts described in 1 or 2 above.
For purposes of this section, “deface” shall include, but not be limited to cross-burnings or the placing of any word or symbol commonly associated with racial, religious or ethnic terrorism on the property of another person without his or her permission.

Idaho Criminal Code: 18-7903. Penalties

  1. Malicious harassment is punishable by imprisonment in the state prison for a period not to exceed five (5) years or by fine not exceeding five thousand dollars ($5,000) or by both.
  2. In addition to the criminal penalty provided in subsection (a) of this section, there is hereby created a civil cause for action for malicious harassment. A person may be liable to a victim of malicious harassment for both special and general damages, including but not limited to damages for emotional distress, reasonable attorney fees and costs, and punitive damages.
  3. The penalties provided in this section for malicious harassment do not preclude victims from seeking any other remedies, criminal or civil, otherwise available under law.

Stalking

Stalking is prohibited on campus and by state law. Stalking is repeatedly contacting another person when the contacting individual(s) knows, or should know, that the contact is unwanted by another person, and the contact causes the other person reasonable apprehension of imminent physical harm or substantial impairment of the other person’s ability to perform the activities of daily life and obtaining an education. “Contacting” includes, but is not limited to, communicating with or remaining in the physical presence of the other person. It also includes “cyberstalking,’ which is the use of technology including personal computers, telephones, and social media.

Illegal Entry

Any unauthorized or forcible entry, whether actual or attempted, into any facility or building located on College-owned or controlled property is prohibited.

Campus Disorders and Disruptions

Members of the College community have the right to lawful freedom of movement on campus; the lawful use of property, facilities or parts of the College; and to lawfully ingress to and egress from the College’s physical facilities. Violations of these rights of the College community with intent by: physically hindering entrance to, exit from, or normal use of any College facility or part thereof; remaining in any College building after being advised by an appropriate delegate of the President that the building is closed for business; interfering, through harassment, with the College’s operation (this may include the use of noise making or amplifying devices); interfering with reasonable use of College driveways, parking lots or sidewalks; disruptively interfering with authorized events on property owned or controlled by the College or in College facilities; or intentionally interfering with College officials and instructors in the lawful conduct of their duties is prohibited.

Disruption of the Classroom

Disruption of the classroom is prohibited. Each faculty member controls the direction of education in the classroom setting. The educational atmosphere is the heart and purpose of higher education. Students have the obligation to respect the educational rights of others as they seek to maximize their learning. Faculty have the right to utilize whatever methods they deem appropriate to ensure the quality of the educational atmosphere. This includes, but is not limited to, requesting an investigation of disruptive classroom behavior under the Student Code of Conduct.

Disobeying or Deceiving College Officials

Students must obey the reasonable requests of College officials such as security officers, residence hall administrators and residence hall assistants in the performance of their duties. Students may not provide College officials with false identification or false information while officials are in performance of their duties.

Theft

Theft or the conversion of College property or the theft or conversion of the property of another, which occurs on College-owned or controlled property is prohibited.

Destruction or Damage of Property

Vandalism (willful or malicious damage, destruction or defacement) of College-owned or controlled property or vandalism of property belonging to others which occurs on College-owned or controlled property or while the violator is attending or participating in a College-sponsored event or activity is prohibited.

Fire Regulations and Equipment

Smoking in unauthorized areas, the building or setting of fires upon property owned or controlled by the College without proper authorization, removal or tampering with fire equipment or fire alarm systems on College-owned or controlled property, or failure to vacate College buildings promptly when fire alarms sound is prohibited conduct.

Physical Harm to Others

Detaining a person against his/her will, or threatening or physically abusing another person, is prohibited. Prohibited conduct includes that directed toward a member of the College community which occurs off campus as well as that which occurs on campus if the conduct results from or arises out of the academic or evaluative process.

Verbal Abuse to Others

Verbal behavior that involves an expressed or implied threat to interfere with an individual’s personal safety, academic efforts, employment, or participating in College-sponsored activities and which would cause a reasonable person to have a reasonable apprehension that such harm is about to occur, or “fighting words” that are spoken face-to-face as a personal insult to the listener or listeners in personally abusive language inherently likely to provoke a violent reaction by the listener to the speaker is prohibited.

Lewd or Indecent Conduct

Lewd or Indecent Conduct, as prohibited by city and/or state laws and ordinances which occurred on College-owned or controlled property or while the violator is attending or participating in a College-sponsored event or activity, is prohibited.

Gambling

Gambling as prohibited by city and/or state laws and ordinances is prohibited on College-owned or controlled property.

Firearms and Dangerous Weapons

Possession of firearms on college-owned or college-controlled property, except as expressly authorized by Idaho Code, section 18-3309(2), State Board of Education Policy V.L., and LCSC Policy 4.123, is prohibited. The college will provide safe storage of firearms for students who live in housing managed by the college or other students upon request.

Possession of illegal weapons, explosives, chemical, or incendiary devices, except as expressly authorized by law or institutional policy, is prohibited on college-owned or college-controlled property.

Students in violation of this provision of the student code will be subject to college-based disciplinary action and, depending upon the nature of the infraction, may be referred to local law enforcement.

Group Offenses

Living organizations, clubs and similarly organized groups are responsible for compliance with College regulations. Upon satisfactory proof that a group encourages, or did not take satisfactory steps to prevent violations of College regulations, that group may be subject to permanent or temporary suspension, loss of recognition or charter, social probation, or other action.

National City/State Laws

Violation of any State of Idaho law or City of Lewiston ordinance which occurs on College-owned or controlled property or while the violator is participating or attending a College-sponsored event or activity is in violation of this Code.

Accessories

A person is in violation of this Code if he or she intentionally aids or abets another in the commission of any offense mentioned in this Code. Abuse of the Student Code, including but not limited to:
  1. Failure to obey the summons of the Dean of Student Services, designee of the Dean of Student Services or the Campus Hearing Board.
  2. Falsification, distortion, or misrepresentation of information during a judicial investigation.
  3. Disruption or interference with the orderly conduct of a judicial proceeding.
  4. Institution of a judicial proceeding knowingly without cause.
  5. Attempting to discourage an individual’s proper participation in, or use of, the judicial system.
  6. Attempting to influence the impartiality of a member of a judicial body prior to, and/or during the course of, the judicial proceeding.
  7. Harassment (verbal or physical) and/or intimidation of a member of a judicial body prior to, during, and/or after a judicial proceeding.
  8. Failure to comply with the sanction(s) imposed under the Student Code.
  9. Influencing or attempting to influence another person to commit an abuse of the judicial system.

Dual Credit Students

Acts of Academic Dishonesty are subject to appropriate discipline through the student’s high school, with the exception of those students taking Dual Credit courses on-campus or online. Title IX, which prohibits discrimination on the basis of sex in education programs or activities operated by recipients of federal financial assistance (including sexual harassment and sexual violence), applies to all LCSC students and Dual Credit students, wherever they are taking classes. In Title IX-related cases, college officials will coordinate investigative and adjudication processes with high school officials. Other provisions of the LCSC Student Code of Conduct apply to Tech Prep and Dual Credit Students but disciplinary action may be coordinated with the student’s high school.

Sanctions

Sanctions which may be recommended or imposed for a violation are listed here in order of their severity:
  1. warning;
  2. probation (with terms and length as determined by the person or Board levying the sanction);
  3. withheld suspension (failure to comply with the terms of probation results in immediate suspension from college);
  4. suspension (removal from the college for a specific length of time, e.g., semester or academic year) which may include readmission following the suspension period subject to an additional period of probation or withheld suspension;
  5. expulsion (indefinite removal from college). Any request for re-enrollment must be submitted in writing to the Admission Committee in care of the Dean of Student Services.
In situations involving violations of City of Lewiston, State of Idaho, or Federal law, violence, or threats the police may be informed of the occurrence. The person or Board levying or recommending the sanction may impose or recommend any combination of the following and may include them as terms of probation:
  1. community service (to be performed for a specific period of time under the direction of the Dean of Student Services)
  2. fines not exceeding two hundred dollars ($200)
  3. restitution of damages
  4. special sanctions deemed appropriate and reasonable by the person or Board levying or recommending the sanctions (e.g., counseling, restrictions on behavior or requiring letters of apology to be written)
  5. administrative fees not exceeding twenty-five dollars ($25)
When appropriate, a student may be given the option of working off the equivalent of the fines and restitution for the College at the minimum wage. Until fines or restitution have been paid, the College may deny a student the privilege of reregistering, may hold transcripts and/or diplomas, and may refuse to release information based on the student’s records.

Sanctions affecting a student’s residence in College-controlled housing may be imposed. These sanctions are loss of privileges within the living group and temporary or permanent removal from College-controlled housing.

Sanctions already imposed by civil or criminal process are taken into account when any College sanction is imposed.

Extensive, organized, serious or repeated violations of this Code are taken into account when determining the appropriate sanction. The State Board of Education adopted the following “Guidelines for Enforcement and Monitoring of Alcohol Rule” on November 18, 1993.

Note: LCSC also includes the illegal use of drugs in this policy, and any illegal use of drugs or combination of alcohol and drug violations of the Code of Conduct will lead to the enforcement of the following rules.
FIRST INFRACTION
Infraction: Without injury; or without conduct likely to lead to injury.
Sanction: Referral to judicial council, or similar authority, for action which must include a treatment and/or education program.
Infraction: With injury; or with conduct likely to lead to injury.
Sanction: Referral to the proper administrative body of the Institution for action must include notification to the criminal justice system, strict probation, and a treatment of education.
SECOND INFRACTION
Infraction: Without injury; or without conduct likely to lead to injury.
Sanction: Referral to the appropriate administrative body of the institution for appropriate action, which must include, at least, suspension from school for one semester.
Infraction: With injury; or with conduct likely to lead to injury.
Sanction: Referral to the appropriate administrative body of the Institution for appropriate action, which must include, at least, referral to the criminal justice system and expulsion from the institution for one year.
THIRD INFRACTION
Infraction: Without injury; or without conduct likely to lead to injury.
Sanction: Referral to the appropriate administrative body of the institution for appropriate action, which must include, at least, suspension from school for one semester.
Infraction: With injury; or with conduct likely to lead to injury.
Sanction: Referral to the appropriate administrative body of the institution for appropriate action, which must include, at least, referral to the criminal justice system and expulsion form the institution for one year.

Disciplinary Structure

The President of the College is responsible to the State Board of Education for the administration and enforcement of all regulations or policies adopted by them. The State Board of Education possesses all the power necessary or convenient to accomplish the objectives and perform the duties prescribed by law. The Dean of Student Services is responsible to the President of the College for enforcement of the Student Code of Conduct and has been designated as the Senior Student Judicial Officer of the College. Primary responsibility for investigating alleged violations, preferring charges, recommending/imposing sanctions and educational remedies, representing the college in hearing and appeals under this Student Code of Conduct and enforcing sanctions and educational remedies is assigned to the Dean of Student Services. These functions may be performed by the Dean of Student Services, or his/her designee.

Student Hearing Board

see Student Hearing Board page

General

Any notice, report, decision or request which is to be given or served under this proceedings will be deemed given or served when either personally delivered to the person or office entitled to the notice or when deposited in the United States Mail, certified mail, postage prepaid, addressed to the person or office at that person’s last-known address as shown on the records of the College.

Summary Suspension

The Dean of Student Services, with the concurrence of the President and Provost, shall have the right to summarily suspend a student who he/she believes has committed a violation of the Student Code of Conduct when, based upon such investigation and informal hearing as is reasonable under the circumstances, the Dean determines that the student’s continued presence poses a continuing danger to persons or property or an ongoing threat of disruption of the academic process.

Emergency Powers

Nothing in this Code shall be in derogation of the power of the President of LCSC or his/her duly authorized subordinates to declare a state of emergency on College-owned or controlled property, and to suspend the procedural and substantive rights specified herein for the duration of the declared emergency. Any sanctions imposed on any student violating this Code or any emergency rules or the lawful order of any College official may be imposed by the President of the College or his/her duly authorized subordinates after such summary proceedings as are reasonable under the circumstances but such sanctions shall continue only for duration of the emergency. Any sanctions, other than those imposed for the duration of the emergency, must be brought under the Student Code of Conduct and, with respect to those proceedings, students are guaranteed all substantive and procedural rights specified herein.