The following list describes conduct which detracts from the effectiveness of the college community and which is therefore prohibited and subject to disciplinary sanctions:
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 one’s own ideas, concepts and current understanding. Academic Dishonesty includes:
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.
A. 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. 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-owned, leased or operated facilities and on campus grounds.
B. Alcoholic beverages may not be possessed, manufactured 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/student facilities and other public areas of college-owned buildings or grounds. Students aged 21 and over may possess alcohol in their residence hall rooms subject to residence hall policies.
C. Sale of alcoholic beverages is prohibited in college-owned, leased or operated facilities and on campus grounds.
D. Guests and visitors shall observe these regulations while on campus or other college property. Non-compliance may subject a person to sanctions imposed by the College as well as to the provisions of local and state law.
E. For LCSC sponsored events which are open to the campus community and at which alcohol will be present, the sponsor will work with the Vice President for Student Affairs and the appropriate instructional 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) Non-alcoholic beverages and food consumption; and
4) Designated driver program.
F. No social event shall include any form of drinking contest in its activities or promotion.
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 designated smoking areas on the outer parking lots of the campus. Smoking or vaping within the campus grounds, around or in buildings, or anyplace other than a designated smoking area is considered a violation of the Student Code of Conduct. A map of the designated smoking areas may be found at the following web site:.
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;).
The willful falsification of official records 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, and ASLCSC forms or documents.
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, (1) fighting; (2) assault; (3) battery; (4) the use of a knife, gun, or other weapon except in reasonable self-defense; (5) physical abuse; (6) restraining or transporting someone against his/her will; or (7) 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 (1) causes or intends to cause physical or mental discomfort or distress;(2) may demean any person, regardless of location, intent or consent of participants; or (3) 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. Discrimination: Discrimination occurs when an individual, or group of individuals, are treated adversely on the basis of one or more of the protected classes, whether the membership within a protected class is actual or perceived (i.e. denial of benefits; denial of equal access to facilities available to others; less advantageous working conditions; engaging in a practice or policy that disproportionally impacts members of a protected class). Protected classes include:
7) National Origin;
8) Disability, including physical, mental, sensory disabilities and/or disability requiring the use of a trained service animal;
9) Marital Status;
10) Veteran Status;
11) Genetic Information;
12) Sexual Orientation; and
13) Gender Identity/Expression.
E. Discriminatory harassment: A form of discrimination, discriminatory harassment is improper conduct toward an individual, or group of individuals, on the basis of one or more of the protected classes listed above. The conduct must be sufficiently severe, persistent, or pervasive that it has the purpose and/or effect of:
1) Creating an intimidating, hostile, or offensive environment; or
2) Unreasonably interfering with work, academic performance, living environment, personal security, or participation in any LCSC activity.
a) Discriminatory harassment may be verbal, written, visual or physical in nature. Conduct includes, but is not limited to:
i. Verbal abuse, such as name calling, insulting, teasing, mocking, degrading or ridiculing another person or group; or
ii. Conduct that is physically offensive, harmful, threatening or humiliating, such as leering, staring, or blocking movement; or
iii. Unwelcome or inappropriate physical contact, such as kissing, hugging, pinching, patting, or grabbing another person, physical assault or stalking; or
iv. Unwelcome or inappropriate propositions, comments, questions, or demands.
F. Sexual harassment: Sexual harassment is a form of discrimination and encompasses unwelcome verbal, physical, written, or online conduct of a sexual nature. Additionally, sexual harassment encompasses gender-based harassment which is harassment of a non-sexual nature that occurs because of an individual’s sex and/or gender; gender-based harassment includes harassment based on an individual’s non-conformity to sex and/or gender stereotypes.
1) Sexual harassment creates a hostile environment when it is sufficiently severe, persistent, or pervasive and has the purpose or effect of unreasonably interfering with, denying, or limiting employment opportunities or the ability to participate in or benefit from any college education, social, and/or residential program.
2) Quid pro quo (this for that) sexual harassment occurs when employment or academic decisions resulting in a significant change in status are based on an employee or student’s submission to, or rejection of, unwelcome verbal or physical sexual conduct. Examples include, but are not limited to:
b) Requiring sexual favors in exchange for hiring, a promotion, a raise or a grade;
c) Disciplining, demoting or firing an employee because the individual ends a consensual relationship;
d) Refusing to write recommendations for an employee because the individual refuses sexual advances;
e) Changing work or academic assignments because an employee or a student refuses invitations for a date or other private, social meeting.
G. Sexual Misconduct: Sexual misconduct is an egregious form of sexual harassment and includes, but is not limited to, the following conduct:
1) Non-consensual sexual contact (or attempts to commit the same) is any intentional sexual touching, however slight, including with any object, by one person upon another person (regardless of gender), that is without consent and/or is by force. Sexual contact may include intentional contact of a sexual nature with any body part of another person. Examples of non-consensual sexual contact include, but are not limited to, intentional contact of the breasts, buttock, groin, or genitals, or touching another with any of these body parts, or making another touch you or themselves with or on any of these body parts.
2) Non-consensual sexual intercourse (or attempts to commit the same) is any sexual intercourse, however slight, including with any object, by one person upon another person (regardless of gender), that is without consent and/or is by force.
This includes vaginal penetration by a penis, object, tongue, or finger; anal penetration by a penis, object, tongue, or finger; and oral copulation (mouth to genital or genital to mouth contact), no matter how slight the penetration or contact.
3) Sexual Exploitation occurs when a person takes non-consensual sexual advantage of another person for their own advantage and/or benefit or for the advantage and/or benefit of anyone other than the one being exploited, and the conduct does not otherwise constitute one of the other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to:
a) Invasion of sexual privacy;
c) Photographing or recording (video and/or audio) sexual activity without permission or consent;
d) Engaging in voyeurism;
e) Knowingly transmitting a sexually transmitted infection/disease/HIV;
f) Exposing one’s genitals in non-consensual circumstances or causing another to expose their genitals;
g) Sexually based stalking and/or bullying.
4) Stalking is defined as conduct directed at a specific person that purposefully or knowingly causes a reasonable person to fear for their safety or the safety of others, or to suffer substantial emotional distress. Examples include, but are not limited to the following: harassing, threatening, or intimidating another. The conduct may include the use of telephone, mail, electronic communication, and/or social media.
5) Intimate Partner Violence/Dating Violence means violence by a person who has been or is in a romantic or intimate relationship with the victim. Whether there was or is such a relationship will be gauged by the length, type, and frequency of interaction.
H. Consent: Consent to any sexual activity must be clear, knowing, and voluntary. Clear, knowing, and voluntary consent to sexual activity requires that, at the time of the act, and throughout sexual contact, all parties actively express words or conduct that a reasonable person would conclude demonstrates clear permission regarding willingness to engage in sexual activity and the conditions of such activity. Consent is active; silence or passivity is not consent. Even if words or conduct alone seem to imply consent, sexual activity is nonconsensual when:
1) Force or coercion is threatened or used to procure compliance with sexual activity:
a) Force is the use of physical violence, physical force, threat, or intimidation to overcome resistance or gain consent to sexual activity.
b) Coercion is unreasonable pressure for sexual activity. When an individual makes it clear through words or actions that the individual does not want to engage in sexual contact, wants to stop, or does not want to go past a certain point of sexual interaction, continued pressure beyond that point may be coercive. Blackmail or extortion may also be a form of coercion when used to overcome resistance and/or gain consent to sexual activity.
2) The person is asleep, unconscious, or physically unable to communicate their unwillingness to engage in sexual activity; or
3) A reasonable person would or should know that the other person lacks the mental capacity at the time of the sexual activity to be able to understand the nature or consequences of the act, whether that incapacity is produced by illness, defect, the influence of alcohol or another substance, or some other cause. When alcohol or drugs are involved, a person is considered incapacitated or unable to give valid consent if the individual cannot fully understand the details of the sexual interaction (i.e., who, what, when, where, why, and how), and/or the individual lacks the capacity to reasonably understand the situation and to make rational, reasonable decisions.
The use of alcohol or drugs will never function as a defense to a gender-based or sexual misconduct violation.
Lewis -Clark State College prohibits:
A. Retaliation: Retaliation includes action or threat of action that could negatively affect another’s employment, education, reputation, or other interest. Retaliation includes any act that would dissuade a reasonable person from making or supporting a complaint, or participating in an investigation under this policy. Retaliation is a separate and distinct violation of this policy.
B. Interference: This policy prohibits interference with making a complaint and/or an investigation. Interference includes actions that dissuade or attempt to dissuade complainants and/or witnesses from reporting or participating in an investigation, or actions that delay or disrupt, or attempt to delay or disrupt, an investigation. Interference is a separate and distinct violation of this policy.
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.
Any unauthorized or forcible entry, whether actual or attempted, into any facility or building located on College-owned or controlled property is prohibited.
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 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. See “Classroom Infractions” section.
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. Providing false information constitutes a violation of the Student Code of Conduct.
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.
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. Preventable accidental damage may also be considered a violations of the Student Code of Conduct on a case by case basis.
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 as prohibited by city and/or state laws and ordinances is prohibited on College-owned or controlled property.
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.
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.
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.
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:
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.
Confidential Report Line: 855-840-0070
All calls are confidential and the identity of the caller will remain anonymous.
STUDENT DISCIPLINARY HEARING BOARD (content coming soon)