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 one’s own ideas, concepts and current understanding. Academic Dishonesty includes:
- 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.
- Fabrication - intentional and/or unauthorized falsification or invention of any information or the source of any information in an academic exercise.
- Collusion facilitating academic dishonesty – intentionally or knowingly helping or attempting to help another to commit an act of Academic Dishonesty.
- 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.
- 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.
- 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.
- Sale of alcoholic beverages is prohibited in college-owned, leased or operated facilities and on campus grounds.
- 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.
- For college-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:
- Names and ages of individuals designated as bartenders or servers to check identification;
- Means to inform participants of applicable state and federal laws regarding alcohol consumption;
- Non-alcoholic beverages and food consumption; and
- Designated driver program.
- 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: www.lcsc.edu/security/campus-security-policies/fresh-air-campus.
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; www.lcsc.edu/student-counseling/substance-abuse-information-assistance).
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:
- Physical Violence: 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.
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.
- Hazing: 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.
Discrimination, Sexual Harassment, Retaliation and Other Civil Rights Offenses:
- Acts of discrimination, sexual harassment, retaliation and other civil rights offenses are prohibited per policy 3.110 Discrimination, Sexual Harassment and Retaliation Prohibited. Conduct that may violate Policy 3.110 is defined within that policy and will be addressed using the related Resolution Process document. Prohibited conduct includes, but is not limited to:
- Discrimination on the basis of a protected class;
- Sexual Harassment, including sexual assault, dating violence, domestic violence, and stalking;
- Sexual Exploitation; and
- Other civil rights offenses when the act is motivated by actual or perceived membership in a protected class, and the result is a discriminatory limitation or denial of employment or educational access, benefits, or opportunities.
It is prohibited for the college or any member of college community to take materially adverse action by intimidating, threatening, coercing, harassing, or discriminating against any individual for the purpose of interfering with any right or privilege secured by law or policy, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this policy and procedure.
Charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination/sexual harassment, for the purpose of interfering with any right or privilege secured by Title IX, constitutes retaliation.
The exercise of rights protected under the First Amendment does not constitute retaliation.
Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding under this policy and procedure does not constitute retaliation, provided that a determination regarding responsibility, alone, is not sufficient to conclude that any party has made a materially false statement in bad faith.
Lewis-Clark State College reserves the right to impose any level of sanction, ranging from a reprimand up to and including suspension or expulsion/termination, for any offense under this policy.
- knowing, and
- voluntary, and
- clear permission
- by word or action
- to engage in sexual activity.
Since individuals may experience the same interaction in different ways, it is the responsibility of each party to determine that the other has consented before engaging in the activity.
If consent is not clearly provided prior to engaging in the activity, consent may be ratified by word or action at some point during the interaction or thereafter, but clear communication from the outset is strongly encouraged.
For consent to be valid, there must be a clear expression in words or actions that the other individual consented to that specific sexual conduct. Reasonable reciprocation can be implied. For example, if someone kisses you, you can kiss them back (if you want to) without the need to explicitly obtain their consent to being kissed back.
Consent can also be withdrawn once given, as long as the withdrawal is reasonably and clearly communicated. If consent is withdrawn, that sexual activity should cease within a reasonable time.
Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). A current or previous intimate relationship is not sufficient to constitute consent.
Proof of consent or non-consent is not a burden placed on either party involved in an incident. Instead, the burden remains on the college to determine whether its policy has been violated. The existence of consent is based on the totality of the circumstances evaluated from the perspective of a reasonable person in the same or similar circumstances, including the context in which the alleged incident occurred and any similar, previous patterns that may be evidenced.
- Incapacitation: A person cannot consent if they are unable to understand what is happening or is disoriented, helpless, asleep, or unconscious, for any reason, including by alcohol or other drugs. As stated above, a Respondent violates this policy if they engage in sexual activity with someone who is incapable of giving consent.
It is a defense to a sexual assault policy violation that the Respondent neither knew nor should have known the Complainant to be physically or mentally incapacitated. “Should have known” is an objective, reasonable person standard which assumes that a reasonable person is both sober and exercising sound judgment.
Incapacitation occurs when someone cannot make rational, reasonable decisions because they lack the capacity to give knowing/informed consent (e.g., to understand the “who, what, when, where, why, or how” of their sexual interaction).
Incapacitation is determined through consideration of all relevant indicators of an individual’s state and is not synonymous with intoxication, impairment, blackout, and/or being drunk.
This policy also covers a person whose incapacity results from a temporary or permanent physical or mental health condition, involuntary physical restraint, and/or the consumption of incapacitating drugs.
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 college’s 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 Lewis-Clark State College Policy 4.123, is prohibited. The college will provide safe storage of firearms and weapons 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 of Conduct 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, includes but is not limited to:
- Falsification, distortion, or misrepresentation of information during a judicial investigation;
- Disruption or interference with the orderly conduct of a judicial proceeding;
- Institution of a judicial proceeding knowingly without cause;
- Attempting to discourage an individual’s proper participation in, or use of, the judicial system;
- Attempting to influence the impartiality of a member of a judicial body prior to, and/or during the course of, the judicial proceeding;
- Harassment (verbal or physical) and/or intimidation of a member of a judicial body prior to, during, and/or after a judicial proceeding;
- Failure to comply with the sanction(s) imposed under the Student Code;
- Influencing or attempting to influence another person to commit an abuse of the judicial system; or
- Retaliating against any participant in a judicial proceeding to influence, intimidate, or harass the participant.
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 misconduct), 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 Student Code of Conduct apply to Dual Credit students but disciplinary action may be coordinated with the student’s high school.