Student Affairs

Idaho Code Books

Misc. Offenses

Threats of Harm or Actual Harm to a Person’s Physical or Mental Health or Safety

Threats of harm or actual harm to a person’s physical or mental health or safety are prohibited. Such conduct includes, but is not limited to:

 

A. Physical violence of any nature against any person,.  Physical violence includes, but is not limited to, (i) fighting; (ii) assault; (iii) battery; (iv) the use of a knife, gun, or other weapon except in reasonable self-defense; (v) physical abuse; (vi) restraining or transporting someone against his/her will; or (vii) any action that threatens or endangers the physical health or safety of any person or causes reasonable apprehension of such harm.

B.   Persistent or severe, verbal abuse, threats, intimidation, harassment, coercion, bullying, derogatory comments, vandalism, or other conduct that threatens or endangers the mental or physical health or safety of any person or causes reasonable apprehension of such harm.  A single instance may be considered severe enough to merit sanctions.

C.   Hazing, which includes, but is not limited to, any action or participation in any activity that (i) causes or intends to cause physical or mental discomfort or distress, (ii) may demean any person, regardless of location, intent or consent of participants, or (iii) destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with, or as a condition for continued membership in, a group or organization. The express or implied consent of the victim will not be a defense.  Apathy or acquiescence in the presence of hazing are not neutral acts; they are also violations of this rule.

D.  Sexual misconduct, which is a broad term encompassing any non-consensual contact of a sexual nature.  Consent is informed, freely given, and mutually understood.  Consent requires an affirmative act or statement by each participant.  If coercion, intimidation, threats and/or physical force are used, there is no consent.  If a person is mentally or physically incapacitated or impaired so that the person cannot understand the fact, nature or extent of the sexual situation, there is no consent; this includes conditions due to alcohol or drug consumption or being asleep or unconscious.  Whether one has taken advantage of a position of influence over another may be a factor in determining consent. Consent to any one form of sexual activity does not imply consent to any other form of sexual activity. 

Sexual misconduct may vary in severity, and consists of a range of behavior or attempted behavior including, but not limited to, the following examples of prohibited conduct:

(i) Unwelcome sexual conduct.  This includes, but is not limited to:

     (1)  touching an unwilling or non-consensual person’s intimate parts (such as genitalia, groin, breast, buttocks, mouth, or clothing covering the same);

     (2)  touching an unwilling or non-consensual person with one’s own intimate parts;

     (3)  forcing an unwilling or non-consensual person to touch another’s intimate parts;

     (4)  indecent exposure, which includes, but is not limited to, exposing one’s own intimate parts to an unwilling or non-consensual person; and

     (5)  voyeurism, which includes, but is not limited to, any unauthorized use of electronic or other devices to make an audio, video, or photographic record of another person without his/her prior knowledge and without his/her prior consent when such a recording is likely to cause injury or distress to the other person, or involves the other person’s intimate parts or sexual conduct.

 

(ii)  Sexual violence, which refers to physical sexual acts perpetrated against another person’s will or where another person is incapable of giving consent or is incapacitated.  This includes, but is not limited to:

     (1) rape, which includes, but is not limited to, the unwilling or non-consensual penetration of another person’s bodily opening with any object or body part that is committed either by force, threat, intimidation, or through exploitation of another person’s mental or physical condition (such as intoxication, age, or disability) of which the assailant was aware or should have been aware;

     (2) sexual assault, which is the attempt to perform any of the acts described in the immediately preceding paragraph;

 

All acts of sexual violence are also forms of sexual harassment.

(iii)  Sexual harassment, which is defined as unwelcome conduct of a sexual nature.  It includes, but is not limited to, unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct or communication of a sexual nature when:

     (1)  Submission to or rejection of such conduct or     communication is a term or condition of educational benefits, employment, academic evaluations, or other opportunities;  

     (2)  Submission to such conduct or communication has the purpose or effect of substantially interfering with a student’s education;

     (3)  Such conduct is sufficiently severe or pervasive as to have the effect of creating an intimidating, hostile or offensive educational environment or negatively affecting a student’s educational opportunities.  A single instance may be considered severe enough to merit sanctions.

 

E.  Gender-based and sexual orientation harassment, which is defined as any act of verbal, non-verbal, or physical aggression, intimidation, or hostility based on sex, sex-stereotyping, gender, or gender-stereotyping, even if those acts do not involve conduct of a sexual nature.

F.  Stalking, which includes, but is not limited to, the persistent, severe, or pervasive harassment of another person in a manner that would cause a reasonable person to feel frightened, intimidated, threatened, harassed, or molested.  This may include, but is not limited to, repeatedly contacting another person through any means (such as in person or by phone, electronic means, text messaging, etc.), following another person, or having others contact or follow another person on your behalf.  A single instance may be considered severe enough to merit sanctions. 

 

G. Domestic/Dating abuse, which may include the use of physical, sexual, verbal, emotional, or technological abuse, or similar behaviors intended to control a partner, by a person to harm, threaten, intimidate, or control another person in a relationship of a romantic or intimate nature, regardless of whether that relationship is continuing or has concluded or the number of interactions between the individuals involved.

Discrimination and Retaliation

Lewis -Clark State College prohibits:

A.        Discrimination, which includes conduct that violates the State Board of Education’s or the College’s nondiscrimination and antidiscrimination policies.

 

B.        Retaliation, which includes conduct that intimidates, interferes with, threatens, coerces, or otherwise discriminates against any individual because that individual opposes or reports a perceived wrongdoing, inequity, or violation of law or College policy, files a complaint alleging illegal or prohibited discrimination, participates in a grievance or appeals procedure, or participates in dispute resolution.

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.

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 including but not limited to 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.  This also applies to students participating in the LCSC home stay program.

Fire Regulations and Equipment

Smoking in unauthorized areas, the setting or building 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.

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 United States Federal law, 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.  Additionally, off-campus or non-College related criminal activity is in violation of this Code when it affects a substantial school/ college interest as defined above in the Preamble.

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:

A.        Failure to obey the summons of the Vice President for Student Affairs, designee of the Vice President for Student Affairs or the Student Hearing Board;

      B.        Falsification, distortion, or misrepresentation of               information during a judicial investigation; 

C.        Disruption or interference with the orderly conduct of a judicial proceeding;

D.        Institution of a judicial proceeding knowingly without cause;

E.         Attempting to discourage an individual’s proper participation in, or use of, the judicial system;

F.         Attempting to influence the impartiality of a member of a judicial body prior to, and/or during the course of, the judicial proceeding;

G.        Harassment (verbal or physical) and/or intimidation of a member of a judicial body prior to, during, and/or after a judicial proceeding;

H.        Failure to comply with the sanction(s) imposed under the Student Code; or

 

I.          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 Dual Credit Students but disciplinary action may be coordinated with the student’s high school.

Submit Confidential Report

Confidential Report Line:   855-840-0070

All calls are confidential and the identity of the caller will remain anonymous.

STUDENT CODE OF CONDUCT POLICY

TITLE IX

STUDENT COUNSELING

NONDISCRIMINATION POLICY

DISCRIMINATION COMPLAINT PROCEDURES

SEXUAL misconduct - title ix POLICY

Student Affairs
Reid Hall, Rm 112 500 8th Avenue Lewiston, Idaho 83501 Contact studentaffairs@lcsc.edu (208) 792-2218(800) 933-5272 ext 2218 (toll free)(208) 792-2314 (fax)