Student Handbook

Disclaimer

This Student Handbook (Handbook) contains pertinent information affecting students, current through the date of it issuance.  To the extent that any provision of this Handbook is inconsistent with State or Federal law, State Board of Community Colleges and Occupational Education Policies (BPs) or Colorado Community College System President’s Procedures (SP’s), the law, BPs and SPs shall supersede and control.  BPs and SPs are subject to change throughout the year and are effective immediately upon adoption by the Board or System President, respectively.  Students are expected to be familiar with and adhere to the BPs, SPs as well as College directives, including but not limited to the contents of this Handbook.

To access BPs and SPs, see https://www.cccs.edu/about-cccs/state-board/policies-procedures

Nothing in this Handbook is intended to create (nor shall be construed as creating) an express or implied contract or to guarantee for any term or to promise that any specific process, procedures or practices will be followed or benefit provided by the College.  The College reserves the right to modify, change, delete or add to the information in this Handbook as it deems appropriate. 

Notice of Nondiscrimination

Lamar Community College prohibits all forms of discrimination and harassment including those that violate federal and state law, or the State Board for Community Colleges and Occupational Education Board Policies 3-120 and 4-120.  The College does not discriminate on the basis of sex/gender, race, color, age, creed, national or ethnic origin, physical or mental disability, veteran status, pregnancy status, religion, genetic information, gender identity, or sexual orientation in its employment practices or educational programs and activities.  Lamar Community College will take appropriate steps to ensure that the lack of English language skills will not be a barrier to admission and participation in vocational education programs.

The College has designated Shelly Tombleson/Director of Human Resources as its AFFIRMATIVE ACTION (AA), OFFICER, EQUAL OPPORTUNITY (EO) OFFICER, 504 COORDINATOR, AND TITLE IX COORDINATOR with the responsibility to coordinate its civil rights compliance activities and grievance procedures. If you have any questions, please contact SHELLY TOMBLESON/DIRECTOR OF HUMAN RESOURCES at (719) 336-1572, EOandTitleIX@lamarcc.edu, or 2401 S Main St, Lamar, CO 81052.

You may also contact the Office for Civil Rights, U.S. Department of Education, Region VIII, Federal Office Building, 1244 North Speer Boulevard, Suite 310, Denver, CO 80204, telephone (303) 844-3417.

All LCC customers have access to services, programs, and activities in accordance with the Americans with Disabilities Act of 1990. Special needs requests may be directed to:

Lamar Community College’s Special Populations Coordinator, 2401 South Main, Lamar, CO 81052, 719.336.1533.

Student Code of Conduct

Lamar Community College strives to provide a safe, environment for students, staff, and faculty. It has set reasonable expectations for student conduct as well as students’ rights and responsibilities (see below). Additionally, the College employs a security officer who provides on-campus security.

Conduct that violates student rights and freedoms and is subject to disciplinary action includes, but is not limited to:

1. Academic Misconduct: Plagiarizing, cheating, or committing any other form of academic misconduct including, but not limited to, unauthorized collaboration, falsification of information, and/or helping someone else violate reasonable standards for academic behavior. Students who engage in any type of academic dishonesty are subject to both academic consequences as determined by the instructor and to disciplinary action as outlined in the Lamar Community College disciplinary procedures.

2. Disruptive Behavior: Engaging in any disruptive behavior that negatively affects or impedes teaching or learning, regardless of mode of delivery or class setting); or disrupts the general operation of the college.

3. Deceitful Acts: Engaging in deceitful acts, including, but not limited to: forgery, falsification, alteration, misrepresentation, non-disclosure, or misuse of documents, records, identification and/or educational materials.

4. Conduct Detrimental to College or Safety: Conduct that is deemed detrimental, harmful and/or damaging to the college and/or that jeopardizes the safety of others as determined by the Vice President of Academic & Student Services. Examples include, but are not limited to, slamming doors, throwing chairs, and/or defacing of college property.

5. Physical/Non-physical Abuse:

• Physical abuse: conduct that threatens or endangers another person’s health or safety.
• Non-physical abuse: threats, intimidation, coercion, influence, or any unwelcome conduct in any form that is sufficiently severe, pervasive or persistent that it alters the conditions of the learning environment or employment.
• Knowingly falsifying, publishing or distributing, in any form, material that tends to impeach the honesty, integrity, virtue or reputation of another person.

6. Harassment and/or Discrimination: Discrimination or harassment based on sex/gender, race. color, age, creed, national or ethnic origin, physical or mental disability, veteran status, pregnancy status, religion or sexual orientation.

7. Sexual Misconduct: Sexual Misconduct offenses include, but are not limited to Sexual Harassment, Non-Consensual Sexual Contact (or attempts to commit same), Non-Consensual Sexual Intercourse (or attempts to commit same), and/or Sexual Exploitation.   See State Board Policy 4-120a for more information: http://www.cccs.edu/wp-content/uploads/2012/08/BP4-120.pdf

8. Weapons: Possession or distribution of any unauthorized firearms, ammunition, explosives, fireworks and/or other dangerous weapons (or chemicals), or use/threat of use of any instrument as a weapon to intimidate, harass, or cause harm to others.

9. Narcotics/Alcohol: Use, being under the influence, manufacturing, possessing, distributing, purchasing, or selling of alcohol and/or drugs (illegal and/or dangerous or controlled substance) while on college owned or college controlled property, and/or at any function authorized or supervised by the college and/or in state owned or leased vehicles.

Note: Possession of a State of Colorado medical marijuana card does not entitle a student to possess or use marijuana on the college campus, in college buildings, or on college grounds. Although possession and use of marijuana for specific medical conditions consistent with the requirements of the Colorado Constitution is no longer a crime in the State of Colorado, the possession and use of marijuana remains illegal under federal law. Consistent with federal law, including the Controlled Substances Act and the Drug Free Schools and Communities Act, the use and/or possession of marijuana continues to be prohibited while a student is on college owned or college controlled property, and/or any function authorized or supervised by the college and/or in state owned or leased vehicles.

10. Dress Code: Dress or personal hygiene that fails to meet the established safety or health standards of specific classes or activities offered by the college.

11. Unattended Children: Leaving children unattended or unsupervised in campus buildings or on campus grounds unless enrolled in or participating in authorized campus activities.

12. Violation of Laws, Directives, and Signage:

• Violating any municipal, county, state or federal law that adversely affects the conditions of the educational or workplace environment.
• Violating college traffic and parking rules, regulations, or signage.
• Creating an intentional obstruction that unreasonably interferes with freedom of movement, either pedestrian or vehicular. This includes, but is not limited to leading or inciting disruption of college activities. Failure to comply with the lawful directives of College employees acting within the scope of their duties, including those directives issued by a College administrator to ensure the safety and well-being of others.
• Violations of college policies, protocols, or procedures.

13. Illegal Gambling: Participation in illegal gambling activities on college owned or college controlled property, and/or at any function authorized or supervised by the college and/or in state owned or leased vehicles.

14. Unauthorized Entry and/or Unauthorized Possession: Entry into, or use of any building, room, or other college-owned or college-controlled property, grounds, or activities without authorized approval. This also includes, but is not limited to the unauthorized possession, duplication or use of college keys, lock combinations, access codes, and access cards and/or credentials.

15. Unacceptable Use of College Equipment, Network or System: Including, but not limited to: knowingly spreading computer viruses; re-posting personal communications without author’s consent; copying protected materials; using the network for financial or personal gain, commercial activity, or illegal activity; accessing the network using another individuals account; unauthorized downloading/uploading of software and/or digital video or music; downloading/uploading, viewing or displaying pornographic content, or any other attempt to compromise network integrity.

16. Unauthorized Pets/Animals: Possession of any unauthorized pet or animal, excluding trained service animals while on college-owned or college-controlled property.

17. Tampering with Student Organization, Election, or Vote: Tampering with the process of any college recognized student organization, election or vote.

18. Group or Organization Conduct: Students who are members of a college recognized student organization or group and commit a violation of SCOC may be accountable both as an individual and as a member of the student organization.

19. Tobacco Use/Tobacco Products:  Colorado Revised Statute (C.R.S.) 25-14-2014 outlines General Smoking Restrictions in the State of Colorado.  For details, access this document at:  https://www.colorado.gov/pacific/sites/default/files/Indoor%20air%20LE%20Key%20Points_0.pdf

The use of tobacco and tobacco products is not allowed inside any Lamar Community College facility or in any state owned vehicles.  Smoking of or use of any tobacco product, including electronic cigarettes must take place a minimum of 15-feet from any doorways.  For purposes of this policy, “tobacco product” is defined as:   1) Any product that contains nicotine or tobacco or is derived from tobacco and is intended to be ingested, inhaled or applied to the skin of an individual; or 2) Any electronic device that can be used to deliver nicotine to the person inhaling from the device including but not limited to an electronic cigarette, cigar, cigarillo, or pipe.  

Students should be aware that C.R.S. 18-13-121 states:  “Any person who is under eighteen years of age who purchases or attempts to purchase any cigarettes or tobacco products commits a class 2 petty offense.  See https://www.coloradoattorneygeneral.gov/sites/default/files/uploads/tobacco/C.R.S.%2018-13-121.pdf  for more information. 

20. Abuse of the Student Disciplinary and/or Grievance Procedure: Includes, but is not limited to the following:

• Disruption or interference with the orderly conduct of the student disciplinary / grievance procedure.
• Falsification, distortion, or misrepresentation, or knowingly pursuing malicious, frivolous, or fraudulent charges.
• Attempting to discourage an individual’s proper participation in, or use of, the student disciplinary / grievance procedure.
• Attempting to influence the impartiality of a participant and/or the student disciplinary / grievance procedure.
• Verbal or physical harassment and/or intimidation of a participant in the student disciplinary / grievance procedure.
• Failure to comply with directives and/or sanctions imposed under student disciplinary / grievance procedure.
• Influencing or attempting to influence another person to commit an abuse of the student disciplinary / grievance procedure.
• Engaging in retaliatory acts in any form against any person or person(s) involved in the student disciplinary / grievance procedure

Please note: In most circumstances, Lamar Community College will treat attempts to commit code of conduct violations as if those attempts had been completed.
 

What are Students’ Responsibilities?

Students have the responsibility to:

• adhere to rules and regulations;
• respect the rights of others;
• comply with reasonable requests made by the College;
• pay their bills and meet administrative expectations;
• assume responsibility for their behavior.

Process for Academic Misconduct

When a student engages in some form of academic misconduct, a faculty member has the autonomy to address the incident directly and immediately.  The faculty member will impose sanctions as consistent with those outlined in his/her syllabus or institutional standards.  These sanctions may include any or all of the following:

1. a zero or an “F” on the work in question;
2. a zero or an “F” for the course;
3. other academic penalties as outlined in the instructor’s course requirements and expectations

Upon a determination of academic misconduct, the faculty member will fill out an Academic Dishonesty Form and submit it the Academic Dean.  Any instance of Academic Dishonesty in an LCC course, whether on-campus or Concurrent Enrollment, must be reported, via a formal Academic Dishonesty form, to the college’s Academic Dean.  The Academic Dean may decide to impose additional sanctions and may notify other LCC employees about the misconduct as necessary.

1. The faculty member will address the specific charge with the student by meeting with the student to discuss the charge, present the evidence, and hear the student’s explanation.
2. If the faculty member determines that the student has committed academic misconduct, the faculty member will inform the student of the consequences of the misconduct and the sanctions the faculty member will impose consistent with those outlined in his/her syllabus or institutional standards. Students who are judged to have engaged in some form of academic misconduct will be subject to any or all of the following:
   • a zero or an “F” on the work in question;
   • a zero or an “F” for the course;
   • other academic penalties as outlined in the instructor’s course requirements and expectations.
3. The faculty member will fill out an Academic Dishonesty Form and submit it to the Academic Dean. Any instance of Academic Dishonesty in an LCC course, whether on-campus or Concurrent Enrollment, must be reported, via a formal Academic Dishonesty form, to the college’s Academic Dean.
4. If a second instance occurs, the Academic Dean will meet with the student to discuss the misconduct and make a determination of any additional sanctions. The Dean will inform the student in writing that this infraction and resulting sanctions will be filed in the Office of the Vice President of Academic and Student Services and will remain a part of the student’s permanent record.
5. The Academic Dean will communicate with appropriate LCC employees about the misconduct to provide additional resources and support to students for prevention of further infractions. Appropriate employees may include, but are not limited to: academic advisors; athletic coaches; college counselors; college navigators; concurrent enrollment high school principals and/or counselors; the Director of Library and Learning Support Services; the Resident Life Director; and student club advisors.
6. After a documented third offense, additional events are subject to the Student Disciplinary Procedure as noted in the Student Handbook. Multiple, recurring or otherwise egregious incidents may result in suspension or expulsion. Students wishing to appeal penalties resulting from the above should follow the Student Disciplinary Appeal process.

Penalties for copyright infringement include civil and criminal penalties. Students determined to have committed copyright infringement, in addition to the above consequences, are also subject to the following penalties:In general, anyone found liable for civil copyright infringement may be ordered to pay either actual damages or “statutory” damages affixed at not less than $750 and not more than $30,000 per work infringed. For “willful” infringement, a court may award up to $150,000 per work infringed. A court can, in its discretion, also assess costs and attorneys’ fees. For details, see Title 17, United States Code, Sections 504, 505. Willful copyright infringement can also result in criminal penalties, including imprisonment of up to five years and fines of up to $250,000 per offense. For more information, please see the website of the U.S. Copyright Office at www.copyright.gov.

Student Disciplinary Procedures

Students are expected to adhere to the Student Code of Conduct and policies and procedures of the College. If a student is charged with violating the College’s Code, he/she is entitled to have these procedures followed in the consideration of the charge.

See Residence Hall Handbook for discipline related to residence hall infractions.

Definitions

• Code of Conduct: A document developed and published by each college, which defines prescribed conduct of students.
• Impartial Decision Maker: The individual/committee designated by the College President to hear student disciplinary appeals.
• Chief Student Services Officer/CSSO: Vice President of Student Services or her designee who administer student grievances. The CSSO may delegate the responsibility over student grievances to another person.
• Title IX/EO Coordinator: The employee(s) designated by the college president to oversee all civil rights complaints.
• Notice: Notices, required to be given by this procedure shall be considered served upon the student when given by personal delivery, delivered by certified mail, or emailed the student’s official college email address requesting a delivery receipt notification. If notice is mailed, student shall be given three (3) additional days to respond.
• Day: Refers to the calendar day unless otherwise noted.
• Sanctions: One or more of the following may be given when there is a finding that a student has violated the College’s Code of Conduct.

1. Warning: A Notice served upon the student advising him/her that he/she is violating or has violated College regulations.

2. Probation: After a finding of violation of the Code of Conduct, restriction of student’s privileges for a designated period of time including the probability of more severe disciplinary sanctions if the student violates any College regulations during the probationary period.

3. Other disciplinary sanctions: fines, restitution, denial of privileges, assignment to perform services for the benefit of the college or community; or other sanctions that do not result in the student being denied the right of attending classes.

4. College suspension or expulsion: An involuntary separation of the student for a specified period from the College for misconduct not based on academic performance.

Suspension is a separation that shall not exceed three academic terms per suspension for any singular offense or situation. While a student is suspended, he or she is not eligible for admission or re-admission at any of the community colleges within CCCS. Once the suspension is lifted, the student is eligible for admission or re-admission. Examples of suspension include, but are not limited to the following: the college, a department or program, a class, residence hall, use of a college facility or an activity.

The responsible faculty member or adjunct instructor may suspend students from one class period. The CSSO or designee in accordance with this procedure can only implement longer suspensions.

Expulsion is an indefinite separation from the college. The student is not eligible for admission or re-admission at any of the community colleges within CCCS. In exceptional cases where a student wants to be considered for admission or re-admission after an expulsion has been implemented, the student bears the burden to prove the behavior that resulted in the expulsion has been resolved. It is within the college’s discretion to admit or deny the student.

Interim Suspension: An immediate action taken by the CSSO to ensure the safety and well-being of members of the college community; preservation of college property; or control a student posing a definite threat of disruption or interference with others or the normal operations of the college. In the event of an interim suspension, the hearing before the CSSO or designee shall occur as soon as possible following the interim suspension. If the college issues a permanent sanction, the student shall be afforded appeal rights as discussed below. If the college does not implement a permanent sanction, the interim suspension will be removed from the student’s record.

Procedures

The CSSO or designee shall receive all allegations of student misconduct, investigate the complaints, which includes meeting with the student to give him/her the opportunity to respond to the allegations of misconduct. If the allegations of misconduct are discrimination and/or harassment based on federal or state civil rights laws, the college will investigate those incidents through the Civil Rights Grievance and Investigation Process, System President’s Procedure (SP) 4-31a.

Once the investigation is complete, either through this process or the Civil Rights Grievance and Investigation process, the CSSO or designee shall render a sanction decision.

The CSSO or designee may decide that the charges can be disposed of administratively by mutual consent of the parties involved on a basis acceptable to them. If an administrative resolution is not achieved, the CSSO or designee shall issue a decision which determines whether the alleged conduct occurred; whether the conduct violated the Code of Conduct or College procedures; and impose a sanction(s) if appropriate. The student shall receive written notice of the decision and be advised of his/her right to appeal the Decision, subject to the grounds below, by filing a written appeal with the CSSO or designee within seven (7) days of service of the Decision.

Appeals

In the event of an appeal, the CSSO or designee shall give written notice to the other party (e.g., if the accused student appeals, the appeal is shared with the complainant who may also wish to file a response), and then the CSSO or designee will draft a response memorandum (also shared with all parties). All appeals and responses are then forwarded to the appeals officer or committee for initial review to determine if the appeal meets the limited grounds and is timely. The original finding and sanction will stand if the appeal is not timely or substantively eligible, and the decision is final. If the appeal has standing, the documentation is forwarded for consideration. Because the original finding and sanction are presumed to have been decided reasonably and appropriately, the party appealing the decision must specifically cite the error(s) in the original determination on which the appeal is based. The ONLY grounds for appeal are as follows:

1. A material procedural or substantive error occurred that significantly impacted the outcome of the hearing (e.g. substantiated bias, material deviation from established procedures); which must be explained in the written appeal; or
2. To consider new evidence, unavailable during the investigation or hearing that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included in the written appeal, as well as the reasons the new evidence was not available during the original proceeding.

If the appeals officer or committee determines that a material procedural or substantive error occurred, it may return the complaint to the CSSO or designee with instructions to reconvene to cure the error. In rare cases, where the procedural or substantive error cannot be cured by the CSSO or designee in cases of bias, the appeals officer or committee may order a new hearing be held by a different individual acting in the place of the designated CSSO or designee. The results of a reconvened hearing cannot be appealed. The results of a new hearing can be appealed, once, on the two applicable grounds for appeals.

If the appeals officer or committee determines that new evidence should be considered, it will return the complaint to the CSSO or designee to reconsider in light of the new evidence, only. If the subject matter pertains to discrimination and/or harassment pursuant to SP 4-31a, the appeals officer or committee will return the complaint to the Title IX/EO Coordinator to reconsider in light of the new evidence, only. The reconsideration of the CSSO, designee, or Title IX/EO Coordinator is not appealable.

The procedures governing the hearing of appeals include the following:

• All parties should be timely informed of the status of requests for appeal, the status of the appeal consideration, and the results of the appeal decision;
• If the appeals officer or committee determines there is new evidence or error in the original proceeding, every opportunity to return the appeal to the CSSO or designee for reconsideration (remand) should be pursued;
• Appeals are not intended to be full rehearings of the complaint (de novo). In most cases, appeals are confined to a review of the written documentation or record of the original hearing, and pertinent documentation regarding the grounds for appeal;
• An appeal is not an opportunity for an appeals officer or committee to substitute their judgment for that of the CSSO or designee merely because they disagree with its finding and/or sanctions.
• Appeals decisions are to be deferential to the original decision, making changes to the findings only where there is clear error and a compelling justification to do so.
• Sanctions imposed are implemented immediately unless the CSSO or designee stays their implementation in extraordinary circumstances, pending the outcome of the appeal.
• The appeals officer or committee will render a written decision on the appeal to all parties within four (4) days from receiving the appeal request. The committee’s decision to deny appeal requests is final.

Special Discipline Process Provisions

• In the event that the student is under the age of eighteen or incapacitated, he or she may have an advisor present to assist him/her in presenting his/her case.
• Students do not have the right to be represented by an attorney or law student during these proceedings except in the case where civil or criminal actions concerning the student are pending and in that case the attorney’s role shall be advisory only.
• The student is responsible for presenting his/her own case and, therefore, advisors are not permitted to speak or to participate directly in any hearing except when the student is under the age of eighteen or incapacitated.
• Student shall have the right to identify documents, witnesses and other material he/she would like the CSSO or designee to review before making a final decision.
• Any hearing held shall be conducted in private unless all parties agree otherwise.
• A record of the hearing should be maintained by the CSSO or designee. If student has a disability and would like to request an accommodation to assist him/her through the discipline process they may do so by informing the CSSO or designee. The CSSO or designee will then work with disability support services to accommodate the request.
• Jurisdiction-College disciplinary proceedings may be instituted against a student charged with violation of a law if the violation occurred at the College or college-sanctioned activities or was of such a nature to have an impact on the college and the violation is also a violation of the college’s student code of conduct.
• Proceedings under this procedure may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus.
• Standard of proof-the college will use the preponderance of evidence standard in the disciplinary proceedings, meaning, the college will determine whether it is more likely than not a conduct code was violated.
• All sanctions imposed by the original decision maker will be in effect during the appeal. A request may be made to the CSSO or designee for special consideration in exigent circumstances, but the presumptive stance of the institution is that the sanctions will stand. Graduation, study abroad, internships/externships/clinical placements, etc. do not in and of themselves constitute exigent circumstances, and students may not be able to participate in those activities during their appeal. In cases where the appeal results in reinstatement to the institution or of privileges, all reasonable attempts will be made to restore the student to their prior status, recognizing that some opportunities lost may be irretrievable in the short term.
• The procedural rights afforded to students above may be waived by the student.

Retaliatory Acts

It is a violation of this procedure to engage in retaliatory acts against any employee or student who reports an incident(s) of code of conduct violations or any employee or student who testifies, assists or participates in the discipline proceeding, investigation or hearing relating to such allegation(s) of code of conduct violations.

Revising this Procedure

LCC reserves the right to change any provision or requirement of this procedure at any time and the change shall become effective immediately.
 

Student Grievances

LCC students must follow this procedure for all standard student grievances.  If the grievance includes a civil rights concern, the student/LCC must follow procedures as outlined in Civil Rights Student Grievances below. 

Definitions

• Complainant(s) is a person who is subject to alleged inequity as it applies to LCC procedures. For purposes of this procedure, a complainant is student who was enrolled at the time of the alleged incident.
• Respondent(s) is a person whose alleged conduct is the subject of a complaint. For purposes of this procedure, a respondent can be an LCC employee(s), authorized volunteer(s), guest(s), visitor(s), or LCC, as a college.
• Grievance: A grievable offense is any alleged action which violates or inequitably applies to LCC procedures. The complainant must be personally affected by such violation or inequitable action.
• Non-grievable matters: The following matters are not grievable under this procedure except as noted: matters over which the college is without authority to act; grades and other academic decisions unless there is an allegation that the decision was motivated by discrimination and/or harassment which should be filed under the appropriate Civil Rights Grievance and Investigation Process (see Civil Rights Grievances and Academic Grievances below for separate processes).
• Chief Student Services Officer/CSSO: Vice President of Student Services or her designee who administer student grievances. The CSSO may delegate the responsibility over student grievances to another person.
• Notice: Notices which are required to be given by this procedure shall be considered served upon the student when given by personal delivery, mailing by certified mail, or email with receipt notification to the address the student has filed with the College’s admissions and records office. If notice is mailed, student shall be given three (3) additional days to respond.
• Day: Refers to calendar day unless otherwise noted below.
• Remedy: The relief that the Grievant is requesting.

Filing a Complaint

All complaints shall be made as promptly as possible after the occurrence. A delay in reporting may be reasonable under some circumstances; however, an unreasonable delay in reporting is an appropriate consideration in evaluating the merits of a complaint or report.

Procedures

Students must timely submit all grievances in writing (See Appendix) to the CSSO. The grievance should clearly and concisely describe the alleged incident(s), when and where it occurred, and the desired remedy sought. The grievance should be signed by the initiator or, in the case of an email submission, sent as an email attachment, in letter format and should contain the name and all contact information for the grievant. Any supporting documentation and evidence should be referenced within the body of the formal grievance. Additionally, the initiator of a formal grievance should submit any supporting materials in writing as quickly as is practicable.

The complainant’s supporting documentation should clearly demonstrate all informal efforts, if any, to resolve the issue(s) with the person involved and the person’s supervisor. This includes names, dates and times of attempted or actual contact along with a description of the discussion and the manner of communication made in the course of each effort. If contacting the person involved and/or the supervisor is impracticable, the complainant should state the reasons why.

The college community benefits from informal and formal procedures that encourage prompt resolution of complaints and concerns students may have about the implementation of policies and procedures that govern the institution.

Informal Grievance Process

Complainant is encouraged to resolve the issue with the Respondent through the informal process. The CSSO shall facilitate the informal process. If the informal grievance process is unsuccessful, or if CCCS or the complainant chooses not to pursue the informal process, the CSSO will open a formal grievance case.

Formal Grievance Process

Complainant must timely file a written statement of the grievance of and describes the remedy s/he is seeking with the CSSO, using a Civil Rights Grievance Incident Report Form.  A matter could also be referred to this process by the College president or his/her designee. Once a written grievance is filed or referred, the CSSO or designee will determine whether or not the situation states a grievable offense. The matter will be closed if the situation is determined not grievable and the Complainant will be notified of the reasons.

If the matter is determined to be grievable, the CSSO will request a meeting (hearing) with both the complainant and respondent. Both parties will be given the opportunity to discuss the allegations of the grievance and may offer any documentation, witnesses, or other materials in support of the complaint. During this hearing, neither party may have a representative, including attorneys or law students. These procedures are entirely administrative in nature and are not considered legal proceedings.

No audio or video recording of any kind other than as required by institutional procedure is permitted.

The CSSO may also contact or request a meeting with relevant college staff, students, or others as part of the investigation.

At the CSSO’s discretion, the CSSO may discontinue meetings with anyone that is causing a disruption to the process or is being uncooperative, and will proceed to make a determination based on the information known at that time.

Based on the preponderance of evidence, the CSSO shall issue a decision, in writing, to both the complainant and respondent. The decision shall reject or grant the grievance and make recommendation(s) to resolve the issue(s). The complainant and respondent shall be advised of his/her right to appeal the decision, subject to the grounds below, by filing a written appeal with the CSSO within seven (7) days of service of the Decision.

In the event of an appeal, the CSSO shall give written notice to the other party to allow him/her the opportunity to submit a response in writing. The CSSO will also draft a response memorandum (also shared with all parties). All appeals and responses are then forwarded to the appeals officer or committee for initial review to determine if the appeal meets the limited grounds and is timely. The original finding will stand if the appeal is not timely or substantively eligible, and the decision is final. If the appeal has standing, the documentation is forwarded for consideration. The party requesting appeal must show error as the original finding is presumed to have been decided reasonably and appropriately. The ONLY grounds for appeal are as follows:

1. A procedural or substantive error occurred that significantly impacted the outcome of the hearing (e.g. substantiated bias, material deviation from established procedures); or
2. To consider new evidence, unavailable during the original hearing or investigation, that could substantially impact the original finding. A summary of this new evidence and its potential impact must be included in the written appeal.

If the appeals officer or committee determines that new evidence should be considered, it will return the complaint to the CSSO to reconsider in light of the new evidence, only.

If the appeals officer or committee determines that a material procedural or substantive error occurred, it may return the complaint to the CSSO with instructions to reconvene the hearing to cure the error. In rare cases, where the procedural or substantive error cannot be cured by the CSSO in cases of bias, the appeals officer or committee may order a new hearing be held by a different individual acting in the place of the designated CSSO. The results of a reconvened hearing cannot be appealed. The results of a new hearing can be appealed, once, on the two applicable grounds for appeals.

Special Grievance Process Provisions

• In the event that the student is under the age of eighteen or incapacitated, s/he may have an advisor present to assist him/her in presenting his/her case.
• Students do not have the right to be represented by an attorney or law student during these proceedings except in the case where civil or criminal actions concerning the student are pending and in that case the attorney’s role shall be advisory only.
• The student is responsible for presenting his/her own case and, therefore, advisors are not permitted to speak or to participate directly in any hearing except when the student is under the age of eighteen or incapacitated.
• Student shall have the right to identify documents, witnesses and other material he/she would like the CSSO to review before making a final decision.
• Any hearing held shall be conducted in private unless all parties agree otherwise.
• A record of the hearing should be maintained by the CSSO.
• If student has a disability and would like to request an accommodation to assist him/her through the grievance process they may do so by informing the CSSO. The CSSO will then work with disability support services to accommodate the request.
• If the grievance is against the CSSO or other person designated by the president shall perform the duties of the CSSO.
• Jurisdiction-College grievance proceedings may be instituted over incidences that occur or are related to College or college-sanctioned activities or was of such a nature to impact upon the college.
• Proceedings under this procedure may be carried out prior to, simultaneously with, or following civil or criminal proceedings off-campus.
• Standard of proof-the college will use the preponderance of evidence standard in the grievance proceedings, meaning, the college will determine whether it is more likely than not the complainant was subjected to inequity as it applies to Board Policies, System President’s Procedures, or College procedures.
• The procedural rights afforded to students above may be waived by the student.

Retaliatory Acts

It is a violation of the grievance procedure to engage in retaliatory acts against any employee or student who files a grievance or any employee or student who testifies, assists or participates in the grievance proceeding, investigation or hearing relating to such grievance.

Additional Considerations

LCC reserves the right to change any provision or requirement of this procedure at any time and the change shall become effective immediately.

If the grievance is against the CSSO, the President may designate another person to perform the duties of the Chief Student Services Officer.

Students with complaints also have the right to file a formal complaint with the State Board for Community College and Occupational Education:  

9101 E. Lowry Blvd.

Denver, CO 80230

303-620-4000

https://www.cccs.edu/concerns-hotline/

Students with grievances also have the right to file a formal complaint with the Colorado General Assembly,

200 E. Colfax Avenue, Denver, CO 80203

303-866-2604

comments.ga@state.co.us

Civil Rights Student Grievances

This LCC procedure should be followed for all civil rights grievances.

Definitions

• Complainant(s) is a person who is subject to alleged protected class discrimination, harassment or related retaliation. For purposes of this procedure, a complainant can be a CCCS Employee(s), student(s), authorized volunteer(s), guest(s), or visitor(s).
• Respondent(s) is a person whose alleged conduct is the subject of a complaint. For purposes of this procedure, a respondent can only be a student(s).
• Title IX, Title VI, VII Coordinator(s) (EO Coordinator) is the employee(s) designated by the college president to oversee all civil rights complaints for both employees and students.
• Appointing Authority/Disciplinary Authority is the individual with the authority or delegated authority to make ultimate decisions concerning a particular student. A Disciplinary authority is the individual who or office that has the authority or delegated authority to impose discipline upon a particular employee or student. The Chief Student Services Officer (CSSO) is the individual designated by the College President to administer student affairs and be responsible for administering the college’s Student discipline, including student discipline.
• Investigator(s) is the person(s) charged to investigate the civil rights grievance by the Title IX and/or the EO Coordinator. This person can be referred to as the “Deputy Title IX and/or EO Coordinator(s)”. The CSSO may be the investigator(s) over the particular complaint as well as the person in charge of enforcing student discipline.
• Sexual Harassment is unwelcome, gender-based verbal or physical conduct that is sufficiently severe, persistent or pervasive that it has the effect of unreasonably interfering with, denying or limiting someone the ability to participate in or benefit from LCC’s educational program and/or activities, or work activities, and the unwelcome behavior may be based on power differentials (quid pro quo), the creation of a hostile environment, or retaliation.
• Retaliatory harassment is any adverse employment or educational action taken against a person because of the person’s perceived participation in a complaint or investigation of discrimination and/or harassment based on federal or state civil rights laws.
  For more information on sexual misconduct please refer to SP 3-120a and SP 4-120a.
• Discrimination is: any distinction, preference, advantage for or detriment to an individual compared to others that is based upon an individual’s actual or perceived sex/gender, race, color, age, creed, national or ethnic origin, physical or mental disability, veteran status, pregnancy status, religion or sexual orientation, that is so severe, persistent or pervasive, and that unreasonably interferes with or limits: employee’s employment conditions or deprives the individual of employment access or benefits; student’s ability to participate in, access, or benefit from the college’s educational program or activities;authorized volunteers’ ability to participate in the volunteer activity; guests and visitors’ ability to participate in, access, or benefit from the college’s programs.
• Discriminatory Harassment is detrimental action based on an individual’s actual or perceived sex/gender, race, color, age, creed, national or ethnic origin, physical or mental disability, veteran status, pregnancy status, religion or sexual orientation, which is severe, persistent or pervasive that it unreasonably interferes with or limits: employee’s employment conditions or deprives the individual of employment access or benefits; student’s ability to participate in, access, or benefit from the college’s educational program or activities; authorized volunteers’ ability to participate in the volunteer activity; guests and visitors’ ability to participate in, access, or benefit from the college’s programs.
• Retaliatory Harassment is: intentional action taken by an accused individual or third party that harms an individual as reprisal for filing or participating in the civil rights grievance proceeding.

Complaint Procedures Concerning Discrimination and/or Harassment

LCC does not permit discrimination or harassment in the work environment, educational programs and activities. LCC can respond to discrimination and/or harassment only if it is aware of the allegations made. Further, LCC can more effectively investigate the sooner the allegation is brought to its attention. Any employee or student who believes they have been subjected to discrimination and/or harassment based on federal or state civil rights laws should follow this procedure to report these concerns.

Reporting an Incident of Discrimination and/or Harassment

Employee’s Obligation to Report

LCC employees have an ethical obligation to report any incidences they are aware of concerning discrimination and/or harassment. If the employee is unsure, s/he may direct their questions to Human Resources at the college. Failure to report will be considered a violation of BP 3-70, Colorado Community College System Code of Ethics, and may result in discipline, up to and including termination.

Reporting a Complaint

In order to take appropriate corrective action, LCC must be aware of discrimination, harassment and related retaliation that occurs in CCCS employment and educational programs or activities. Therefore, anyone who believes s/he has experienced or witnessed discrimination, harassment or related retaliation should promptly report such behavior to the Title IX/EO Coordinator.

Clery Act-Federal Statistical Reporting Obligations

Certain campus officials have a duty to report criminal misconduct for federal statistical reporting purposes (Clery Act). All personally identifiable information is kept confidential, but statistical information must be passed along to campus law enforcement regarding the type of incident and its general location (on or off-campus, in the surrounding area, but no addresses are given) for publication in the annual Campus Security Report. This report helps to provide the community with a clear picture of the extent and nature of campus crime, to ensure greater community safety. Mandated federal reporters include: student affairs/student conduct officers, campus law enforcement, local police, coaches, athletic directors, residence life staff, student activities staff, human resources staff, advisors to student organizations and any other official with significant responsibility for student and campus activities. The information to be shared includes the date, the location of the incident (using Clery location categories) and the Clery crime category. This reporting protects the identity of the victim and may be done anonymously.

Clery Act-Federal Timely Warning Reporting Obligations

Victims of criminal misconduct should also be aware that college administrators must issue immediate timely warnings for incidents reported to them that are confirmed to pose a substantial threat of bodily harm or danger to members of the campus community. The college will make every effort to ensure that a victim’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the danger. The reporters for timely warning purposes are the same as detailed at the end of the above section.

For more information on Clery Act reporting requirements please contact LCC’s Director of Facilities at 719.336.1543.

Filing a Complaint

Report all concerns or complaints relating to discrimination or harassment to the Title IX/EO Coordinator at 719.336.1572 or shelly.tobleson@lamarcc.edu. All complaints shall be made as promptly as possible after the occurrence. A delay in reporting may be reasonable under some circumstances; however, an unreasonable delay in reporting is an appropriate consideration in evaluating the merits of a complaint or report. 

Students with complaints of this nature also have the right to file a formal complaint with the United States Department Education:

Office for Civil Rights (OCR)
U.S. Department of Education
Cesar E. Chavez Memorial Building
1244 Speer Boulevard, Suite 310
Denver, CO 80204-3582
Telephone: 303.844.5695
Facsimile: 303.844.4303
Email: OCR.Denver@ed.gov
Web: www.ed.gov/ocr

For employees with complaints of this nature also have the right to file a formal complaint with the Colorado Department of Regulatory Agencies

Colorado Civil Rights Division
1560 Broadway #1050
Denver, CO 80202
Telephone: 303.894.2997
Facsimile: 303. 894.7830
Web: www.dora.state.co.us/civil-rights/index.htm

Or

United States Equal Employment Opportunity Commission
303 E. 17th Avenue
Suite 410
Denver, CO 80203
Telephone: 800.669.4000
Facsimile: 303.866.1085
Web: www.eeoc.gov/field/denver/index.cfm

All other grievances where the complainant is a student(s) and the basis of the complaint is not discrimination and/or harassment based on federal or state civil rights laws are addressed in Student Grievances.

All other grievances by an employee(s) and the basis of the complaint is not discrimination and/or harassment based on federal or state civil rights laws will be addressed pursuant to SP 3-50a found at www.cccs.edu/wp-content/uploads/2012/08/BP3-50a.pdf

The Complaint

Notice of a formal complaint can be made in person or orally to the Title IX or the EO Coordinator(s), but the college strongly encourages submission of grievances involving employee and students to be in writing, by email attachment as a MS Word or pdf document or in another written form using a Student Grievance Incident Report Form.  

The grievance should clearly and concisely describe the alleged incident(s), when and where it occurred, and the desired remedy sought. The grievance should be signed by the initiator or, in the case of an email submission, sent as an email attachment, in letter format and should contain the name and all contact information for the grievant. Any supporting documentation and evidence should be referenced within the body of the formal grievance. Additionally, the initiator of a formal grievance should submit any supporting materials in writing as quickly as is practicable.

The complainant’s supporting documentation should clearly demonstrate all informal efforts, if any, to resolve the issue(s) with the person involved and the person’s supervisor. This includes names, dates and times of attempted or actual contact along with a description of the discussion and the manner of communication made in the course of each effort. If contacting the person involved and/or the supervisor is impracticable, the complainant should state the reasons why.

Preliminary Steps

This complaint process involves an immediate initial investigation to determine if there is reasonable cause to believe a violation has occurred. If so, the college will initiate a prompt, thorough and impartial investigation. This investigation is designed to provide a fair and reliable determination about whether policies or procedures have been violated. If so, CCCS will implement a prompt and effective remedy designed to end the discrimination, prevent its recurrence and address its effects.

Timeline of Process (Informal and Formal)

LCC shall make every effort to complete the informal process no later than 30 days from the date of notice of complaint.

If the complainant chooses to file a formal complaint, or the informal process was unsuccessful, LCC shall make every effort to complete the investigation and implement remedies, if any, no later than 60 days from the date the complaint is filed or informal resolution is concluded.

If the college cannot resolve the formal complaint within these time frames, the college may extend the deadline when necessary to properly investigate the complaint. 

Formal and Informal Grievance Procedure for Student and Employee Complaints

The college community benefits from informal and formal procedures that encourage prompt resolution of complaints and concerns that employee and students may have about the implementation of policies and procedures that govern the institution.

Informal Grievance Process

Before pursuing the formal complaint process, every reasonable effort should be made to constructively resolve issues with CCCS employees and students at the informal level. Whenever possible and safe, the problem or complaint should first be discussed with the individual involved in the complaint. If satisfactory resolution is not reached after discussion with the individual, the employee or student should contact the individual’s direct supervisor to attempt to resolve the complaint. If these efforts are unsuccessful, the formal complaint process may be initiated. The college does not require an employee or student to contact the person involved or that person’s supervisor if doing so is impracticable, or if the employee or student believes that the conduct cannot be effectively addressed through informal means.

If the incident involves an alleged sexual assault, the college will not enter into the informal process.

Formal Grievance Process

If the informal grievance process is unsuccessful, or if CCCS or the complainant chooses not to pursue the informal process, upon receipt of the grievance the Title IX/EO Coordinator(s) will open a formal case, file and assign an investigator(s) who will direct the investigation, confer with the Title IX Coordinator/EO Coordinator(s) on interim action, accommodations for the alleged victim, and take any other necessary remedial short-term actions.

The college has the right to assign more than one investigator per incident.

The investigator(s) will then take the following steps:

• In coordination with the Title IX/EO Coordinator(s), initiate any necessary remedial actions;
• Determine the identity and contact information of the complainant(s) (whether that be the initiator, the alleged victim, or a college proxy or representative);
• Identify the policies and procedures allegedly violated;
• Conduct an immediate initial investigation to determine if there is reasonable cause to charge the respondent(s), and what policy and procedure violations should be alleged as part of the complaint;
• If there is insufficient evidence to support reasonable cause, the grievance should be closed with no further action;
• Meet with the complainant to finalize the complaint and
• Prepare the notice of charges on the basis of the initial investigation;
• Commence a thorough, reliable and impartial investigation by developing a strategic investigation plan, including a witness list, evidence list, intended time frame, and order of interviews for all witnesses and the accused individual, who may be given notice prior to or at the time of the interview;
• Complete the investigation promptly, and without unreasonable deviation from the intended timeline;
• Make a finding, based on a preponderance of the evidence (whether a policy violation is more likely than not);
• Present the findings to the respondent, who may accept the findings, accept the findings in part and reject them in part, or may reject all findings;
• Share the findings and update the complainant on the status of the investigation and the outcome.

Elaboration on Employee and Student Participation in the Grievance Process

The investigator(s) will contact or request a meeting with the complainant(s), the alleged victim (if different people), and the respondent(s). The investigator(s) may also contact or request a meeting with relevant college staff, students, or others as part of the investigation. The complainant(s) and respondent(s) may offer any documentation, witnesses, or other materials in support of the complaint.

The complainant(s) and the respondent(s) have the option to have an advocate during a meeting with the case officer to discuss the documentation submitted in support of the grievance; however, the complainant(s) or respondent(s) cannot be represented by an attorney or law student unless civil or criminal actions concerning the particular incident in question are pending. Under those limited exceptions, an attorney or law student may be present but his or her role shall be advisory only. These procedures are entirely administrative in nature and are not considered legal proceedings.

The complainant(s) and respondent(s) must advise the investigator(s) of the identity of an advocate or witness at least two (2) business days before the date of the meeting with the investigator(s).

No audio or video recording of any kind other than as required by institutional procedure is permitted.

At the investigator’s discretion, the investigator(s) may remove anyone who is causing a disruption to the meeting or is being uncooperative.

All these same opportunities and privileges extend to all parties to the complaint.

Findings

Investigator shall issue the findings in the form of an investigation report. The report shall also contain recommendations for sanctioning, if any, to end the discrimination, prevent its recurrence, and remedy its effects on the victim and the college community. Both parties shall be informed of the findings.

Where the respondent is found not responsible for the alleged violation(s), the investigation should be closed.

Where the respondent accepts the finding that s/he violated the non-discrimination, anti-harassment, or retaliation policy, the CSSO will then proceed with disciplinary action, after consultation with the Title IX/EO Coordinator(s), in accordance with the applicable policies and procedures that govern.

In the event that the respondent rejects the findings in part or entirely, the CSSO will then convene a hearing to determine whether the accused individual is in violation of the contested aspects of the complaint. The complainant shall be notified of the hearing. At the hearing, the findings of the investigation will be admitted, but are not binding on the decider(s) of fact. The investigator(s) may give evidence. The complainant and the respondent have the opportunity to be present and to participate in the hearing. The hearing will determine whether it is more likely than not that the respondent violated the policies forming the basis of the charge. The goal of the hearing is to provide an equitable resolution via an equitable process, respecting the civil and legal rights of all participants.

The hearing panel or person shall issue a decision. Both the complainant and the respondent shall be notified in writing of the decision.

• If the respondent is found not in violation, the investigation shall be closed.
• If the respondent is found in violation, the decision will be given to the CSSO to proceed with disciplinary proceedings in accordance with the student disciplinary policy and procedure.

For students, disciplinary action will be in compliance with:

• BP 4-30, Student Discipline:  http://www.cccs.edu/wp-content/uploads/2012/08/BP4-30.pdf
• SP 4-30, Student Disciplinary Procedure: http://www.cccs.edu/wp-content/uploads/2012/08/BP4-30.pdf  

The college will act to end the discrimination, prevent its recurrence, and remedy its effects on the victim and the college community.

Filing an Appeal Request

In the event that a respondent accepts the findings of the investigation, those findings cannot be appealed during the student discipline process. Sanctions imposed by the CSSO post-investigation can be appealed pursuant to the student discipline procedure.

All sanctions imposed by the original decision maker will be in effect during the appeal. A request may be made to the CSSO for special consideration in exigent circumstances, but the presumptive stance of the institution is that the sanctions will stand. Graduation, study abroad, internships/externships, etc. do not in and of themselves constitute exigent circumstances, and students may not be able to participate in those activities during their appeal. In cases where the appeal results in reinstatement to the institution or of privileges, all reasonable attempts will be made to restore the employee, student, authorized volunteer, guest or visitor to their prior status, recognizing that some opportunities lost may be irretrievable in the short term.

Special Grievance Process Provisions

• Attempted violations: In most circumstances, college will treat attempts to commit discrimination, harassment, or retaliation as if those attempts had been completed.
• College as Complainant: As necessary, college reserves the right to initiate a complaint, to serve as complainant, and to initiate conduct proceedings without a formal complaint by the victim of misconduct.
• Standard of proof: the college will use the preponderance of evidence standard in the civil rights investigation proceedings, meaning, the college will determine whether it is more likely than not a violation occurred.
• False Reports: LCC will not tolerate intentional false reporting of incidents. False reporting could lead to disciplinary action, up to and including termination for employees, and expulsion for students. For students, false reports will be considered a violation of the college student code of conduct. For CCCS employees, false reports will be considered a violation of BP 3-70, Code of Ethics. False reporting may also be a violation of state criminal statutes and civil defamation laws.
• Immunity for Victims and Witnesses who are Students: LCC encourages the reporting of violations and crimes by victims and witnesses. Sometimes, victims or witnesses are hesitant to report to LCC officials or participate in grievance processes because they fear that they themselves may be accused of policy and procedure violations, such as underage drinking at the time of the incident. It is in the best interests of this community that as many victims as possible choose to report to college officials, and that witnesses come forward to share what they know. To encourage reporting, LCC pursues a policy of offering victims of crimes and witnesses limited immunity from policy violations related to the incident. This is not immunity from criminal prosecution.
• Bystander Engagement for Students: The welfare of students in our community is of paramount importance. At times, students on and off-campus may need assistance. LCC encourages students to offer help and assistance to others in need. Sometimes, students are hesitant to offer assistance to others, for fear that they may get themselves in trouble (for example, as student who has been drinking underage might hesitate to help take a sexual misconduct victim to Campus Security). The college pursues a policy of limited immunity for students who offer help to others in need. This is not immunity from criminal prosecution. While policy and procedure violations cannot be overlooked, the college will provide educational options, rather than punishment, to those who offer their assistance to others in need.
• Parental Notification when Students are involved in an incident: LCC reserves the right to notify parents/guardians of dependent students regarding any health or safety risk, change in student status or conduct situation, particularly alcohol and other drug violations. The college may also notify parents/guardians of non-dependent students who are under age 21 of alcohol and/or drug policy violations. Where a student is not-dependent, college will contact parents/guardians to inform them of situations in which there is a significant and articulable health and/or safety risk. The college also reserves the right to designate which college officials have a need to know about individual conduct complaints pursuant to the Family Educational Rights and Privacy Act.
• Notification of Outcomes: Complainant(s) and Respondent(s) have an absolute right to be informed of the outcome, essential findings, the sanctions imposed if any, unless LCC has a legitimate concern for the health, safety, or welfare of the college.
  
  The outcome of a campus investigation is part of the educational record of the accused student, and is protected from release under FERPA. However, LCC observes the legal exceptions as follows: 1) specifically, Complainant(s) in non-consensual sexual contact/intercourse, sexual exploitation, sexual harassment, stalking, and relationship violence incidents have an absolute right to be informed of the outcome, essential findings, and sanctions of the hearing, in writing, without condition or limitation. 2) The college may release publicly the name, nature of the violation and the sanction for any student who is found in violation of a college policy that is a “crime of violence,” including: arson, burglary, robbery, criminal homicide, sex offenses, assault, destruction/damage/vandalism of property and kidnapping/abduction. The college will release this information to the complainant in any of these offenses regardless of the outcome.
• Alternative Testimony Options for Employees and Students: For sexual misconduct complaints, and other complaints of a sensitive nature, whether the alleged victim is serving as the complainant or as a witness, alternative testimony options will be given, such a placing a privacy screen in the hearing room, or allowing the alleged victim to testify outside the physical presence of the accused individual, such as by Skype. While these options are intended to help make the alleged victim more comfortable, they are not intended to work to the disadvantage of the accused student.
• Past Sexual History/Character of Employees and Students: The past sexual history or sexual character of a party will not be admissible by the other party in the investigation or hearing unless such information is determined to be highly relevant by the investigator. All such information sought to be admitted will be presumed irrelevant, and any request to overcome this presumption by the parties must be included in the complaint/response or a subsequent written request, and must be reviewed in advance of the hearing by the CSSO. While previous conduct violations by the accused student are not generally admissible as information about the present alleged violation, the CSSO may supply previous complaint information to the investigators, the conduct board, or may consider it him/herself if s/he is hearing the complaint, only if: 1. The accused was previously found to be responsible; 2. The previous incident was substantially similar to the present allegation; 3. Information indicates a pattern of behavior and substantial conformity with that pattern by the accused student.

Retaliatory Acts

It is a violation of this procedure to engage in retaliatory acts against any employee or student who reports an incident of discrimination and/or harassment, or any employee or student who testifies, assists or participates in a proceeding, investigation or hearing relating to such allegation of discrimination and/or harassment.

Revising this Procedure

This procedure defines and prohibits harassment on the basis of federal and state law as interpreted by the courts. If statutory provisions, regulatory guidance, or court interpretations change or conflict with this policy, the college’s procedure can be deemed amended as of the time of the decision, ruling or legislative enactment to assure continued compliance.

LCC reserves the right to change any provision or requirement of this procedure at any time and the change shall become effective immediately.
 

Academic Grievances

This type of grievance includes course instructor conflicts, grade appeals, transcript decisions, and related academic issues. Each of these steps is to be followed in order, and a resolution is sought at each level. The student may elect to withdraw the grievance at any step:

1. Student meets with instructor or the faculty or staff member most directly involved to discuss the grievance.
2. The student meets with his/her academic advisor to discuss and resolve the issue.
3. The student meets with the appropriate dean to discuss and resolve the issue.
4. If the student feels that the issue has not been satisfactorily resolved, he/she may submit a written complaint stating the grievance, relevant circumstances, witnesses, and evidence to the appropriate dean.
5. The instructor, academic advisor, and dean meet to make a decision within ten working days of the submission.
6. The decision is communicated to the student within five working days.
7. The student may appeal the committee’s decision to the Vice President of Academic Services who will render the final decision within 30 days.

Academic appeals should be made in as timely a manner as possible and must be filed no later than the semester subsequent to when the issue occurred.

Sexual Misconduct

The Lamar Community College community has the right to be free from sexual violence. All members of the LCC community are expected to conduct themselves in a manner that does not infringe upon the rights of others. LCC believes in a zero tolerance policy for sex/gender-based misconduct. When an allegation of misconduct is brought to an appropriate administrator’s attention, and a respondent is found to have violated this policy, serious sanctions will be implemented to reasonably ensure that such actions are never repeated. This procedure has been developed to reaffirm these principles and to provide recourse for those individuals whose rights have been violated. This procedure is intended to define LCC expectations and to establish a mechanism for determining when those expectations have been violated.

Definitions

• Complainant(s) is a person who is subject to the alleged sex misconduct or related retaliation. For purposed of this procedure, a complainant can be a LCC Employee(s), student(s), authorized volunteer(s), guest(s), or visitor(s).
• Respondent(s) is a person whose alleged conduct is the subject of a complaint. For purposes of this procedure, a respondent can be a LCC Employee(s), student(s), authorized volunteer(s), guest(s), or visitor(s).
• Sexual Misconduct offenses include, but are not limited to: sexual harassment; non-consensual sexual contact (or attempts to commit same); non-consensual sexual intercourse (or attempts to commit same); sexual exploitation
• Sexual Harassment is: unwelcome, gender-based verbal or physical conduct that is, sufficiently severe, persistent, or pervasive that it has the effect of unreasonably interfering with, denying or limiting someone the ability to participate in or benefit from LCC’s educational program and/or activities, or work activities, and the unwelcome behavior is based on power differentials (quid pro quo), the creation of a hostile environment, or retaliation.
  
  There are three types of Sexual Harassment: 1. Quid pro quo sexual harassmentt exists when there are: unwelcome sexual advances, requests for sexual favors or other verbal or physical conduct of a sexual nature, and submission to or rejection of such conduct results in adverse educational or employment action; or affects the terms or conditions of education or employment, or activities with the college. 2. Hostile Environment includes any situation in which there is harassing conduct that is sufficiently severe, persistent, or pervasive that it alters the conditions of employment or limits, interferes with or denies educational benefits or opportunities, from both a subjective (the alleged victim’s) and an objective (reasonable person’s) viewpoint. The determination of whether an environment is “hostile” must be based on all of the circumstances. These circumstances could include, but are not limited to: the frequency of the conduct; the nature and severity of the conduct; whether the conduct was physically threatening; whether the conduct was humiliating; the effect of the conduct on the alleged victim’s mental or emotional state; whether the conduct was directed at more than one person; whether the conduct arose in the context of other discriminatory conduct; whether the conduct unreasonably interfered with the alleged victim’s educational or work performance; whether a statement is a mere utterance of an epithet which engenders offense in an employee or student, or offends by mere discourtesy or rudeness; whether the speech or conduct deserves the protections of the 1st Amendment. 3. Retaliatory harassment is any adverse employment or educational action taken against a person because of the person’s perceived participation in a complaint or investigation of discrimination or sexual misconduct.
  
  Examples of Sexual Harassment include, but are not limited to: 1) An attempt to coerce an unwilling person into a sexual relationship. 2) To repeatedly subject a person to egregious, unwelcome sexual attention. 3) To punish a refusal to comply with a sexual based request. 4) To condition a benefit on submitting to sexual advances. 5) Sexual violence which is defined as threatening or causing physical harm, extreme verbal abuse, or other conduct which threatens or endangers the health or safety of any person. 6) Violence between those in an intimate relationship. 7) Stalking that is gender-based which is defined as repetitive and/or menacing pursuit, following, harassment and/or interference with the peace and/or safety of a member of the community; or the safety of any of the immediate family of members of the community. 8) Gender-based bullying which is defined as repeated and/or severe aggressive behavior likely to intimidate or intentionally hurt, control or diminish another person, physically or mentally (excluding speech or conduct otherwise protected by the 1st Amendment). 9) Gender expression/stereotyping which is defined as simplistic generalizations about gender attributes, differences, and roles of individuals and/or groups. Stereotypes rarely communicate accurate information about others. When people automatically apply gender assumptions to others regardless of evidence to the contrary, they are perpetuating gender stereotyping. 10) Hazing which is defined as acts likely to cause physical or psychological harm or social ostracism to any person within the college community on the basis of gender, when related to the admission, initiation, pledging, joining, or any other group-affiliation activity. 11) Discrimination which is defined as actions that deprive other members of the community of educational or employment access, benefits or opportunities on the basis of gender. 12) Intimidation that is gender-based which is defined as implied threats or acts that cause a reasonable fear of harm in another.
  
  While a particular interaction must be offensive to both a reasonable person and to the complainant to be defined as harassment, LCC employees and other persons of authority should be sensitive to questions about mutuality of consent that may be raised and to the conflict of interests that are inherent in personal relationships that result from professional and educational interactions. Harassment is particularly damaging when it exploits the educational dependence and trust between students and faculty/staff. When the authority and power inherent in faculty/staff relationships with students, whether overtly, implicitly, or through misinterpretation, is abused in any way, there is potentially great damage to the individual student, to the accused individual, and to the climate of the institution.
  
  It is the policy of LCC that none of its employees or its Board members shall engage in any activity or relationship that places them in a conflict of interest between their official activities and any other interest or obligation. Conflict of interest requires all employees to disqualify themselves from participating in a decision when a personal interest is present; therefore, SP 3-70a, Relationships, requires all employees involved in an amorous relationship to excuse themselves from any authority or evaluative role with respect to the other person. Please refer to SP 3-70a for more information and disclosure requirements.
• Non-consensual sexual contact is: any intentional sexual touching however slight, with any object, by any individual upon any individual, that is without consent and/or by force.
• Non-consensual sexual intercourse is: any sexual penetration however slight, with any object, by any individual upon any individual, that is without consent and/or by force.
  
  Consent must be clear, knowing and voluntary. Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission regarding willingness to engage in (and the conditions of) sexual activity. Also, in order to give effective consent, one must be of legal age. Further, consent to any one form of sexual activity cannot automatically imply consent to any other forms of sexual activity. Previous relationships or prior consent cannot imply consent to future sexual acts.
  
  Force is the use of physical violence and/or imposing on someone physically to gain sexual access. Force also includes threats, intimidation (implied threats) and coercion that overcomes resistance or produces consent.
  
  Coercion is unreasonable pressure for sexual activity. Coercive behavior differs from seductive behavior based on the type of pressure someone uses to get consent from another. When someone makes clear to you that they do not want sex, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.
  
  Sexual activity with someone whom one should know to be-or based on the circumstances should reasonably have known to be-mentally or physically incapacitated (by alcohol or other drug use, unconsciousness or blackout), constitutes a violation of this procedure.
  
  Incapacitation is a state where someone cannot make rational, reasonable decisions because they lack the capacity to give knowing consent. Incapacitation could result from mental disability, sleep, involuntary physical restraint, or from the ingestion of rape drugs. Possession, use and/or distribution of any of these substances, including, but not limited to Rohypnol, Ketomine, GHB, Burundanga, etc. is prohibited, and administering one of these drugs to another person is a violation of this policy. More information on these drugs can be found at http://www.911rape.org.
  
  Having sex with someone whom you know to be, or should know to be, incapacitated (mentally or physically) is a violation of this procedure.
  
  Use of alcohol or other drugs will never function as a defense to a violation of this procedure.
• Sexual exploitation occurs when anyone takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses.
  
  Examples of sexual exploitation include, but are not limited to: 1) invasion of sexual privacy, 2) prostituting another person, 3) non-consensual video or audio-taping of sexual activity, 4) going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex), 5) engaging in voyeurism, 6) knowingly transmitting a sexually transmitted infection (STI) or human immunodeficiency virus (HIV) to another person, 7) exposing one’s genitals in non-consensual circumstances; inducing another to expose their genitals, 8) sexually-based stalking and/or bullying may also be forms of sexual exploitation, 9) viewing or possessing child or adult pornography at work or on college owned property.
• Title IX Coordinator is the employee designated by the college president to oversee all civil rights complaints, including sexual misconduct, when students are complainants and/or respondents. The LCC Title IX Coordinator’s responsibilities include, but need not be limited to: 1) contact for government inquiries; 2) point person for all civil rights complaints involving a student as complainant and/or respondent; 3) creator and implementer of appropriate procedures; 4) assurance of 1st Amendment protection; 5) prevention and remediation of stalking; 6) prevention and remediation of intimate partner and relationship violence; 7) prevention and remediation of bullying and cyberbullying; 8) oversight and coordination of prompt and equitable grievance procedures; 9) coordinator of the interaction of multiple student and employee grievance processes; 10) supervisor of investigations; 11) compliance auditor; and 12) trainer or convener of broad training requirements for LCC employees, boards, investigators and appeals officers.

Complaint Procedures

LCC can only respond to allegations of misconduct if it is aware of the misconduct. Further, LCC can more effectively investigate the sooner the allegation is brought to its attention. Any employee, student, authorized volunteer, guest or visitor who believes that he or she has been subjected to sexual misconduct, or believes someone else a part of the LCC community is being subjected to sexual misconduct, shall contact the Title IX/EO Coordinator(s) when the alleged victim and/or respondent are students or a composition of employees, authorized volunteer, guests or visitors.

Anyone can request advice and information about possible ways to proceed and to put the college on notice.

LCC shall investigate complaints pursuant to SP 3-50c and SP 4-31a, Civil Rights Grievance and Investigation Process for Employees and Students.

Reporting an Incident of Sexual Misconduct

In order to take appropriate corrective action, LCC must be aware of discrimination, harassment and related retaliation that occurs in LCC employment and educational programs or activities. Therefore, anyone who believes s/he has experienced or witnessed discrimination, harassment or related retaliation should promptly report such behavior to the Title IX and/or EO Coordinator.

Employee’s Obligation to Report

LCC employees have an ethical obligation to report any incidences they are aware of concerning discrimination and/or harassment. If the employee is unsure, s/he may direct their questions to Human Resources at the college. Failure to report will be considered a violation of BP 3-70, Colorado Community College System Code of Ethics, and may result in discipline, up to and including termination.

Clery Act-Federal Statistical Reporting Obligations

Certain campus officials have a duty to report criminal misconduct for federal statistical reporting purposes (Clery Act). All personally identifiable information is kept confidential, but statistical information must be passed along to campus law enforcement regarding the type of incident and its general location (on or off-campus, in the surrounding area, but no addresses are given) for publication in the annual Campus Security Report. This report helps to provide the community with a clear picture of the extent and nature of campus crime, to ensure greater community safety. Mandated federal reporters include: student/conduct affairs, campus law enforcement, local police, coaches, athletic directors, residence life staff, student activities staff, human resources staff, advisors to student organizations and any other official with significant responsibility for student and campus activities. The information to be shared includes the date, the location of the incident (using Clery location categories) and the Clery crime category. This reporting protects the identity of the victim and may be done anonymously.

Clery Act-Federal Timely Warning Reporting Obligations

Victims of sexual misconduct should also be aware that college administrators must issue immediate timely warnings for incidents reported to them that are confirmed to pose a substantial threat of bodily harm or danger to members of the campus community. The college will make every effort to ensure that a victim’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the danger. The reporters for timely warning purposes are exactly the same as detailed at the end of the above paragraph.

For more information on Clery Act reporting requirements please contact LCC’s Director of Facilities at 719.336.1543.

Initial Response to Allegations of Sexual Misconduct

LCC reserves the right to take whatever measures it deems necessary in response to an allegation of sexual misconduct in order to protect employee and students’ rights and personal safety. Such measures include, but are not limited to:

• For employees, interim work reassignment, and administrative leave from the college pending an investigation, and reporting the matter to the local police in the jurisdiction where the college is located.
• For students, modification of living arrangements, class schedule reassignment, interim suspension from the college pending an investigation, and reporting the matter to the local police in the jurisdiction where the college is located.
• For authorized volunteers, interim volunteer reassignment or removal from volunteering pending an investigation, and reporting the matter to the local police in the jurisdiction where the college is located.
• For guests or visitors, the college may issue a no-trespass order and report the matter to the local police in the jurisdiction where the college is located.

Sanction Statement

Not all forms of sexual misconduct will be deemed to be equally serious offenses, and LCC reserves the right to impose different sanctions, ranging from verbal warning to expulsion, dismissal, termination, or no-trespass order, depending on the severity of the offense. LCC will consider the concerns and rights of both the complainant and the respondent.

• Employees found to be in violation of the sexual misconduct procedure will be sanctioned up to and including termination. All sanctioning will be in accordance with the policies, procedures, and rules that govern.
• Employees found to have had actual knowledge of any sexual misconduct incidences and fails to report may be sanctioned up to and including termination. All sanctioning will be in accordance with the policies, procedures, and rules that govern.
• Students found to be in violation of the sexual misconduct procedure will be sanctioned up to and including expulsion. All sanctioning will be in accordance with the policies, procedures, and rules that govern.
• An authorized volunteer in violation of the sexual misconduct procedure will be dismissed from their volunteer duties to the college.
• Guests or visitors found in violation of the sexual misconduct procedure will be issued a no-trespass order stating s/he will no longer be allowed on the college campus.

Retaliatory Acts

It is a violation of this procedure to engage in retaliatory acts against any employee or student who reports an incident of sexual misconduct, or any employee or student who testifies, assists or participates in a proceeding, investigation or hearing relating to such allegation of sexual misconduct.

Revising this Procedure

This procedure defines and prohibits harassment on the basis of federal and state law as interpreted by the courts. If statutory provisions, regulatory guidance, or court interpretations change or conflict with this policy, the college’s procedure can be deemed amended as of the time of the decision, ruling or legislative enactment to assure continued compliance.

LCC reserves the right to change any provision or requirement of this procedure at any time and the change shall become effective immediately. 

Student Computer Usage

Lamar Community College welcomes students, staff and guests to use computers appropriately while on campus.  With this privilege comes certain responsibilities.  The Federal government, CCCS, and LCC have established laws, policies, and protocols for acceptable computer and Internet usage.  They are available through the Lamar Community College Technology Services page. 

• CCCS Computer Usage Policy
• CCCS General Higher Education Opportunity Act Procedures (copyright infringement)
• LCC Student Computer & Network Access Guide

These guides are also available on Lope Access (staff and student portal).  The college expects all students to follow these rules while on campus.  Failure to comply with these guidelines may be considered a violation of the LCC Code of Conduct and, depending on the severity, may be a prosecutable offense. 

Student Responsibilities in the Advisement Process

Students should have an investment in their academic plan and progress at LCC.  In that investment should be active engagement in the advising process.  The student is expected to

• assume final responsibility for course scheduling, program planning, and successful completion of graduation requirements;
• attend general and program orientations;
• be knowledgeable about and adhere to relevant policies, procedures, and rules of the College and academic program;
• access and understand the college catalog;
• obtain the class schedule and review possible course options prior to meeting with the advisor;
• be prepared with accurate information and relevant materials when contacting the advisor;
• contact an advisor in a timely fashion for registration, advisement, or other necessary appointments;
• know and follow General Education requirements and major department requirements;
• obtain, process, and complete forms and signatures required for registration, course changes, or related affairs;
• contact an advisor immediately with concerns about academic progress in a particular class or during the course of the semester;
• monitor his/her progress with advisor’s assistance;
• request/complete a “change of advisor” form if desired;
• explain to the advisor his or her personal values, abilities, interests, and goals;
• maintain frequent contact with his or her advisor in order to keep abreast of academic information;
• be honest and ethical in interactions with the advisor;
• seek relevant information about career options and how they relate to a chosen educational program;
• file a written and complete degree plan with advisor;
• follow through on degree action plans identified during each advising session;
• consult advisor at least once a semester to decide on courses, review progress toward degree requirements, and discuss the suitability of other educational opportunities provided by the College;
• when informally advised by someone other than official advisor, inform advisor of record of information received.