STUDENT SERVICES
Lewis-Clark State College Catalog 2011-2012

STUDENT CODE OF CONDUCT

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 beverage which is 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 associate vice president to assure adherence to this policy. The following information will need to be provided to assure adherence.
     a. Names and ages of individuals designated as bartenders or servers to check identification.
     b. Means to inform participants of applicable state and federal laws regarding alcohol consumption.
     c. Nonalcoholic beverages and food consumption
     d. 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.
     a. 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.

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 HARASSMENT
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.

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 has 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.

PHYSICAL HARM TO OTHERS
Detaining a person against his or 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
BECAUSE OF THEIR RECOGNIZED DANGER, FIREARMS, ILLEGAL KNIVES, EXPLOSIVES, CHEMICAL OR INCENDIARY DEVICES WILL NOT BE KEPT BY STUDENTS ON COLLEGE-OWNED OR CONTROLLED PROPERTY IN STUDENT LIVING QUARTERS. Possession of explosives, chemical or incendiary devices, loaded or unloaded firearms on campus, except as expressly authorized by law or institutional policy, is prohibited. (The Lewiston City Code specifically prohibits the discharge of any air rifle, pellet or BB gun within the city limits without obtaining a permit from the Chief of Police.)

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.

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.

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: that 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 Student Code of Conduct will lead to the enforcement of the following rules.

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 their designee.

STUDENT HEARING BOARD
Function and Jurisdiction: The Student Hearing Board (hereinafter “Hearing Board”) shall provide the original formal hearing in student discipline matters in all cases when a student is dissatisfied with the report and recommendation of the Dean of Student Services and requests a hearing.

STRUCTURE AND ORGANIZATION
The Hearing Board contains the same faculty appointees as the Faculty Hearing Board. The Hearing Board shall be composed of seven (7) members (the majority of whom shall be tenured): three (3) members from the faculty elected by the Faculty Association; three (3) members from the faculty appointed by the President; and one (1) division chair appointed by the Faculty Senate. Three (3) alternate members will be designated: one (1) appointed by the President; and two (2) appointed by the Faculty Senate. The chair shall be elected each year from the members of the Hearing Board. In cases involving students, four (4) students shall be included, with voice and vote, in the Hearing Board membership. The students shall be appointed by the Student Body President. A quorum shall consist of a simple majority of the members of the Hearing Board so long as two (2) student members are present. The decision of the Hearing Board shall be made by a majority of those members who have attended the hearing.

TERM OF OFFICE
Faculty members are to serve for two (2) College years, one-half (1/2) of those members with as nearly as one-half (1/2) of the faculty members being selected each year. Student members shall serve for one (1) year, but may be re appointed for a second year.

HEARING OFFICER
Either the President or the Hearing Board may determine to appoint a Hearing Officer to preside at any hearing held by the Hearing Board. The Hearing Officer may or may not be an attorney at law but must be experienced in conducting hearings. He/she shall act in an impartial manner as the presiding officer at the Hearing. If requested by the Hearing Board, the Hearing Officer may participate in its deliberations and act as its legal advisor but shall not be entitled to vote.

COLLEGE PRESIDENT
The President shall review and determine appeals from the decisions of the Hearing Board. The President has the authority to uphold, modify or overrule those decisions, or to return the matter to the Hearing Board for further consideration. A party may appeal the President’s decision to the State Board of Education when, if and in such manner as the State Board of Education determines that such appeal shall be heard.

INVESTIGATION OF VIOLATION AND RECOMMENDATION BY DEAN OF STUDENT SERVICES.

   The Dean of Student Services, or a designee approved by the dean  shall receive all student judicial complaints and, shall investigate all complaints against students alleged to have violated the Student Code of Conduct. The investigation should include, if possible, an interview with the student where the student is told of the alleged violation and given an opportunity to deny or explain it. The investigator shall make an initial determination of whether the violation occurred and, if so, his/her recommendation of the sanction or educational remedy to be imposed. If the investigator determines that a violation of the Student Code of Conduct has occurred, he/she shall write a report identifying the alleged violation, set forth their determination and recommendation of the sanction to be imposed. If the report of the investigator is adverse to the student (the report finds that the student was guilty of a violation and recommends any sanction), the affected student may request a hearing before the student Hearing Board by delivering a written request for a hearing to the Office of the Dean of Student Services within seven (7) calendar days after the date on which he or she is served with a copy of the investigator’s report. The report shall also advise the student that the report and the recommended sanction of the investigator shall become final if a timely request for hearing is not made.

HEARING BEFORE STUDENT HEARING BOARD
If the student makes a written request for a hearing before the Student Hearing Board upon the report of the investigator for Student Services within seven (7) days after he/she is served with a copy of the investigator’s report, the student shall be entitled to a hearing before the Student Hearing Board. If the student fails to make a timely written request for a hearing, the report and recommendation for sanctions made by the Dean shall become a final decision and the student shall have no further rights of hearing
or appeal under this Student Code of Conduct.

The following provisions shall be applicable to hearings before theHearing Board:
1. The student charged with the violation:
     a. shall be entitled to a prompt hearing
     b. shall be informed in writing of the specific charges and the proposed judicial action be given sufficient time to prepare for the hearing.

2. During the judicial hearing, the student charged with the violation:
     a. shall be given the opportunity to testify and present evidence and witnesses on his or her behalf
     b. shall have the opportunity to hear and question adverse witnesses
     c. shall have all testimony or evidence introduced in his or her presence unless he or she refuses to appear or fails to appear after having received proper notice, and
     d. shall not be forced to testify against himself / herself and his / her refusal to testify shall not be considered as evidence against him / her.

3. The Hearing Board:
     a. shall place the burden upon the party seeking judicial action to prove that the charges against the student are more probably true than not true and that the recommended sanction is reasonable
     b. shall base its findings and decisions exclusively upon proper evidence and testimony presented at the hearing and upon facts that are universally regarded as true (the Hearing Board should hear evidence of any disputed points - however, the Board may itself take notice of facts that everyone agrees are true - for example, evidence does not have to be introduced to show it was dark if the act in question is clearly shown to have occurred in an unlighted area at midnight), but the Hearing Board shall not be bound by the strict rules of evidence followed in courts of law
     c. must state its findings and its decision in writing.

4. The student shall not have the right to be represented by an attorney before the Hearing Board except:
     a. When the party seeking the disciplinary action will be represented at the hearing by an attorney he/she shall give written notice to the student of such representation and the student shall then have the right to be represented by an attorney at his/her own expense
     b. where the charges against the student are, or are likely to be, the subject of a separate criminal action against the student, the student may be accompanied to the hearing by an attorney and shall have the right to consult with the attorney throughout the hearing, but the attorney shall not be entitled to present evidence, question witnesses, make arguments or otherwise participate in the hearing. When not accompanied by or represented by an attorney, the student may be accompanied by a non-lawyer advisor of his or her choice.

5. In cases involving accusations of sexual assault, acquaintance rape, or rape, the rights of the alleged victim will be respected. The alleged victim may be accompanied to the hearing by an individual of his/her choosing. The alleged victim will have the right to restrict any discussion of his/her previous sexual history. The alleged victim will also have the right to make a victim impact statement to the Hearing Board concerning physical and/or mental and/or emotional effects caused by the alleged incident.

6. A record of testimony presented at the hearing will be made using a tape recorder or stenographic court reporter. A copy of that record shall be made available to the student upon payment of the reasonable cost of that copy.

7. The hearing before the Hearing Board shall be open to the public if both parties make a written request for an open hearing and deliver it to the Dean of Student Services before the day of the hearing. If parties to the complaint do not agree on an open hearing or both prefer a closed hearing, the hearing will not be open to the public. If neither party requests an open hearing before the day of the event, the hearing will not be open to the public.

8. A copy of the written decision of the Hearing Board shall be served upon the student and the Dean of Student Services. The Hearing Board may affirm, reverse or modify the decision of the Dean of Student Services or the sanction assessed but shall not increase the sanction imposed by the Dean. A notice accompanying the decision shall advise each party that if either party is dissatisfied with the decision of the Hearing board, that party may request a review of that decision by the President by delivering a request for such a review to the office of the President within seven (7) calendar days after the date the party receives the Hearing Board’s decision and the notice. That notice shall advise each party that the decision of the Hearing board shall become final unless a timely written request for review is made by either party. The failure of a party to make a timely written request for review shall constitute a waiver of that party’s right to any further review of the decision of the Hearing Board and that decision shall become final.