College Policies

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Disability, Discrimination, and Harassment Policies

 Disability Policy, Students

To promote maximum access to the educational experience at Lewis & Clark, community members are asked to be sensitive to the needs of students with physical, psychological or learning disabilities in the scheduling of rooms, the conduct of examinations and course evaluations, etc. Lewis & Clark provides accommodation to students with disabilities under Public Law 9312, known as the Rehabilitation Act of 1973 (Section 504), and ORS 659.150. Assistance and advice about any problems should be sought from the Office of Student Support Services.

I. POLICY

Lewis & Clark College is committed to serving the needs of its students with disabilities. Professional staff in the office of Student Support Services ensure that disabled students receive all of the benefits of a comprehensive selection of services, and a formal Student Disability Grievance Procedure provides prompt and equitable resolution of any complaints arising out the College’s responsibilities under the Americans with Disabilities Act (ADA), Section 504 of the Rehabilitation Act of 1973, and other pertinent federal, state, and local disability anti-discrimination laws.

Lewis & Clark recognizes physical and mental disabilities that include mobility, sensory, health, psychological, and learning disabilities, and provides reasonable accommodations once the disability is adequately documented. While Lewis & Clark’s legal obligations only extend to disabilities of a substantial and long term nature, it is also the College’s practice to honor reasonable requests for accommodations for temporary disabilities such as a physical injury, illness or pregnancy.

It is the responsibility of the student to make his or her disability and needs known in a timely fashion and to provide appropriate documentation and evaluations to support the accommodations the student requests. A student with a disability who requires accommodations must notify the Director or Assistant Director in the office of Student Support Services (in the case of undergraduate and graduate students) or the Associate Dean for Academic Affairs (in the case of Law School students) of his or her desire for accommodations as soon after admission as possible. Students should not assume that this information is known to either of these offices because the student’s application indicated the presence of a disability. Once the College has been notified and specific accommodations are requested and appropriately documented, the College works with the student to obtain the approved accommodations to ensure the student has the best possible opportunity to succeed.

The procedures for obtaining accommodations differ among the Northwestern School of Law, the College of Arts and Sciences and the Graduate School of Education and Counseling. However, the services each offers are quite similar and the procedures are all intended to effectively provide for the appropriate needs of the student with disabilities within the structure and policies of each school.

Undergraduate Students and Graduate Students

Requests for accommodations should be routed through the Student Support Services office in Albany 206.

Documentation of Disabilities

1. Physical Disabilities:
   The documentation must reflect the student’s present level of functioning in regard to the major life activity that is impaired.
2. Learning Disabilities:
   The student is responsible for providing professional testing and evaluation results which reflect the individual’s present level of processing information and present achievement level. Documentation verifying the learning disability must:
   (A) be prepared by a professional qualified to diagnose a learning disability, including but not limited to a licensed physician, learning disability specialist and/or psychologist;
   (B) include the testing procedures followed, the instruments used to assess the disability, the test results, and a written interpretation of the test results by the professional;
   (C) reflect the individual’s present level of functioning in the achievement areas of reading comprehension, reading rate, written expression, writing mechanics and vocabulary, writing, grammar, auditory processing, mathematical/nonverbal reasoning and spelling;
   (D) reflect the individual’s present level of functioning in the areas of intelligence and processing skills.
3. Psychological Disabilities:
   If a student has a psychological disability that affects academic performance or takes medication which causes a similar effect, documentation from a psychologist or medical doctor is required which details the effects of the disability and/or the medication on the student’s academic performance.

Reasonable Accommodations*

Reasonable accommodations may include but are not limited to course load modifications, exam accommodations, readers, interpreters, notetakers, alternative textbook formats, and flexibility on assignment deadlines. Students may request specific accommodations, as can the professional health care providers who verify the disability. However, Lewis & Clark staff will have the responsibility for making the final decision on accommodations. This decision will be made on the basis of the documentation provided and the requirements of the academic program. Accommodations will not be considered reasonable if they would fundamentally alter the nature of the program or if they would be unduly burdensome for the College, either financially or administratively.

* Accommodations are also sometimes referred to as “auxiliary aids.”

Arranging for Approved Accommodations

The Director or Assistant Director of Student Support Services must approve accommodations for a disability. Once accommodations are approved, Student Support Services staff will notify faculty of the requested and approved accommodation arrangements. In each case the professor will receive written notice of the accommodations that have been requested and approved, if the student gives permission for the professor to be notified.

In the case of a student with a documented learning disability, the Director or Assistant Director of Student Support Services will complete an official Notice of Disability form, which details the appropriate accommodations for that student. Each semester, the Notice will be sent to instructors at the written request of the student. In all other cases of a documented disability, a letter will be sent to each professor at the student’s request that will explain the accommodations that have been approved by Student Support Services for that particular student. If faculty have questions about granting accommodations not mentioned in a Notice or Letter of Disability, they are encouraged to contact Student Support Services.

All approved accommodations will be implemented as soon as possible by the Student Support Services office. However, students are strongly encouraged to make accommodation requests to that office as early in the semester as possible. This affords each professor the opportunity to plan for the implementation of appropriate accommodations. In particular, exam modification requests should be made to Student Support Services at least one week in advance (two weeks in the case of final exams) to allow time to work out appropriate arrangements.

If a faculty or staff member is hesitant to comply with the requested accommodations because of concerns regarding alteration of the academic program or standards, Student Support Services staff will attempt to work out arrangements which will best meet the needs of the instructor, the student and the College. If agreement between the Director and the faculty member cannot be reached, the matter will be appealed by the Director of Student Support Services to the appropriate department chair or dean.

II. DISABILITY GRIEVANCE PROCEDURE

Complaints Against Faculty, Staff or Other Employees of Lewis & Clark College

In the event a student believes that the procedures described in the Student Disability Policy have not been followed properly or feels that any action has been directed against him or her because of a disability or perception of a disability by a College faculty or staff member, the student may (1) attempt to resolve the matter informally or (2) immediately file a formal grievance, at the option of the student.

To resolve the matter informally, the student should first meet with the Coordinator of Student Support Services or the Associate Dean of Academic Affairs for the Law School, as appropriate, to see if the matter can be resolved. If the student has concerns about meeting with either of these people, he/she can meet with the appropriate department head or dean of the division concerned, and that person will try to resolve the matter.

If the student chooses to file a formal grievance, the following steps should be followed:

1.  The student shall file a formal grievance within 180 calendar days after the complainant becomes aware of the alleged violation. The student shall file the complaint in writing to the Dean of the Graduate School, the Dean of the College of Arts and Sciences, or the Dean of the Law School, as appropriate. The complaint shall contain the name and address of the person filing it and a brief description of the alleged violation of the Americans with Disabilities Act or of Section 504 of the Rehabilitation Act of 1973 or other appropriate law.
2. The official to whom the complaint is submitted shall convene a committee within two weeks of receiving the complaint unless prohibited by unusual circumstances. The committee shall be made up of two faculty members who have not had the student in class, the appropriate Dean, the Associate Dean of Students/Director of Wellness Services & Chief Psychologist, or another disinterested professional familiar with the type of disability involved.
3. The committee shall hear testimony or receive written testimony from the student; Student Support Services staff or Associate Dean of Academic Affairs for the Law School, as appropriate; the relevant faculty or staff member(s); and other knowledgeable people. The student has the right to ask for testimony from any faculty or staff whom he or she deems relevant to the case.
4. After hearing testimony and/or reviewing pertinent documents, the committee shall report its conclusions in writing to the complainant and all other relevant parties within five working days. The decision of the committee is final.

Complaints Against Students
If a student believes that he/she is a victim of discrimination or harassment by another student because of a disability, he/she may initiate a grievance procedure by contacting one of the following College representatives as appropriate:

    * The Director of Student Support Services
    * The Dean of Students
    * The Dean of the Graduate School

 Discrimination and Harassment Policy and Complaint Procedure

Policy Statement
Lewis & Clark is committed to providing a learning environment free from all forms of harassment and discrimination. Lewis & Clark opposes conduct which has the purpose or effect of creating an intimidating, hostile or offensive working, campus living, or academic experience due to a race, color, sex, religion, age, marital status, national origin, the presence of any physical or sensory disability, veteran status, sexual orientation or any other basis protected by applicable local, state or federal law. Also refer to Hate and Bias Motivated Incidents.

Retaliation against any employee or student for making a complaint is prohibited. The College maintains a separate Sexual Harassment Policy, published in this handbook.

Complaints Against Faculty or Staff

Preliminary Counseling and Guidance
Lewis & Clark is determined to provide an environment free of discrimination and harassment. The term “harassment” here includes all forms of harassment, including sexual harassment. This process is to be used for complaints against faculty or staff to resolve charges of discrimination and harassment based on race, color, sex, religion, age, marital status, national origin, physical or mental disability, veteran status, sexual orientation or any other basis protected by applicable local, state or federal law. In the case of a student complaint of disability discrimination, please refer to the Disability Grievance Procedure in the Pathfinder (CAS), What’s What (Law School), or The Navigator.

Any member of the Lewis & Clark community who feels that he or she has been subject to discrimination or harassment is encouraged but not required to notify the offender firmly and promptly that his or her behavior is unwelcome and inappropriate. It is recognized that power and status disparities may make such a discussion difficult.

Any faculty or staff member who believes they are a victim of discrimination or harassment is encouraged to contact EASE, our employee assistance program (800-654-9778) for confidential counseling regarding the matter. Any student who believes they are a victim of discrimination or harassment is encouraged to contact the Counseling Center for counseling regarding the matter.

The complaint procedure set forth below should be used if a victim is interested in the matter being investigated as a violation of Lewis & Clark policy. Once reported to the Assistant Vice President for Human Resources, Lewis & Clark may be required as a matter of law to investigate. While Lewis & Clark will attempt to maintain confidentiality to protect the parties during the investigation, complete confidentiality is often impossible to achieve. Also, it is important to understand that Lewis & Clark’s interest in maintaining confidentiality is for the protection of the parties involved, not out of any interest in silencing the victims of inappropriate conduct. Victims of harassment or discrimination are free to discuss the matter with others, but are encouraged to seek professional counseling help and exercise due care for the rights of others.

As a less formal alternative to reporting a matter to the Assistant Vice President for Human Resources any person who feels s/he has been discriminated against or harassed by a faculty or staff member may consider conferring with an Ombudsperson from the Office of Ombudsperson (503-768-7336). Discussions with an Ombudsperson are confidential. An Ombudsperson is not authorized to conduct investigations of complaints they receive.

Both the Assistant Vice President for Human Resources and the Ombudsperson are conversant with the Discrimination and Harassment Policy, the Sexual Harassment Policy, and these complaint procedures. The Ombudsperson will provide relevant information to any member of the Lewis & Clark community. The Ombudsperson can also offer guidance on the various options and resources available to address the situation.

If a complainant prefers that an investigation be conducted the Assistant Vice President for Human Resources will act as the intake person. If for some reason a complainant does not want to confer with the Assistant Vice President for Human Resources but wants to file a complaint he or she should confer with the appropriate Dean or Vice President for his or her area.

Complaint Procedure
Lewis & Clark is obligated to investigate allegations of a violation of the Discrimination and Harassment Policy and the Sexual Harassment Policy. For this reason, Lewis & Clark may be obligated to move forward with an investigation, even when a person with a complaint simply wants to be heard, but does not want a formal investigation. If a complainant is not sure whether to file a complaint with the Assistant Vice President for Human Resources he or she may consult with an Ombudsperson.

The allegations may have to be pursued to protect the well being of the parties or others in the community and fulfill compliance obligations. Every effort will be made to keep the parties apprised of the progress of the process.

Lewis & Clark may investigate suspected instances of discrimination and harassment even when individual complaints are not made. If a supervisor or other managerial employee has reason to believe that an environment of harassment exists, or that any other provision of this policy is being violated, appropriate action may be taken.

Mediated Resolution
In many cases, the parties concerned may desire an informal resolution of allegations of discrimination, harassment or sexual harassment. An informal resolution is one in which a satisfactory solution to the issue is agreed upon, generally with no formal investigation, findings or unilateral disciplinary action. Problems are sometimes easier to resolve when an informal atmosphere encourages people to identify the difficulty, talk it out, and agree on how to deal with it.

The person receiving the complaint may explore whether the parties wish to seek an informal resolution or whether they wish to proceed directly to the investigation and subsequent finding as to the complaint.

An informal resolution typically includes the appropriate Dean or Vice President or his/her designee meeting separately with the complainant and the accused, discussing the problem, possible violation(s) of policy and possible solutions, mediating to establish satisfactory conditions for further Lewis & Clark-related interactions, and coordinating on-going steps to assure a successful resolution.

An attempt at a mediated resolution is recommended but not required prior to an investigation of the complaint.

After a complaint is received an investigator may be appointed. The investigator will ordinarily notify the accused that he or she has been named in a complaint and describe the nature of the complaint.

Confidentiality
Discrimination and harassment are particularly sensitive issues. The investigator has the discretion to make inquiries of people other than the complainant and the accused to obtain a full understanding of the facts.

These confidentiality provisions are not intended to silence victims, but rather to protect parties and the integrity of investigations into alleged discrimination and harassment. Lewis & Clark is very sensitive to the need for victims to discuss incidents of discrimination or harassment with counselors, trusted advisors and friends as part of the recovery process. However, complainants are encouraged to allow Lewis & Clark to investigate and take appropriate corrective action rather than using negative publicity to expose or punish parties involved.

All other individuals who are involved in the complaint reporting, mediation and/or investigation process are expected to maintain strict confidentiality. They are also expected to be cooperative, honest and forthcoming if interviewed as part of a complaint investigation. A breach of these expectations by students may result in a disciplinary action. A breach of these expectations by faculty or staff may result in disciplinary action up to and including termination. Possible disciplinary actions for faculty members will be considered with reference to Lewis & Clark’s policy on termination and nonrenewal of faculty appointments.

Efforts will be made to ensure the confidentiality of information received as part of the Lewis & Clark’s complaint procedure. It may be possible in some situations to attempt a confidential mediation or resolution of the complaint, to address the situation in some other manner, or take corrective action as appropriate for the situation without revealing the complainant’s identity. If, due to circumstances of the alleged discrimination, harassment or sexual harassment, it is not possible to conduct a review or resolve the complaint and yet maintain confidentiality, the investigator will ordinarily discuss this issue with the complainant. Details of the investigation will be limited to those determined to have a need to know.

Investigation
The purpose of an investigation is to establish whether there is sufficient evidence to conclude that the alleged policy violation has indeed occurred. In conducting the investigation, the investigator may interview and/or obtain written statements from the complainant, the accused, and other persons believed to have pertinent factual knowledge. The investigation must afford the accused the opportunity to respond to the allegations.

Not all inappropriate conduct constitutes discrimination or harassment. When investigations identify inappropriate behaviors or actions that may not violate the Discrimination and Harassment Policy or the Sexual Harassment Policy, but violate other Lewis & Clark policies or expectations of faculty, staff and students, these behaviors and actions may result in disciplinary action. A separate investigation may be conducted if possible Lewis & Clark policy violations outside the scope of a discrimination or harassment complaint investigation are uncovered.

Upon the timely completion of the investigation, the investigator shall make a written recommendation to the appropriate Executive Officer.

Possible outcomes of the investigation are (a) a determination that the allegations are not warranted or cannot be substantiated; (b) a negotiated resolution of the complaint; (c) a determination that a violation of the policy has not occurred but inappropriate actions/behaviors have occurred which may merit a disciplinary action; or (d) a determination that a violation of the policy occurred.

When a violation of this policy is established, the action to be taken shall be immediate and appropriate to prevent any recurrence, and shall be reasonably related to the gravity and/or frequency of the violation or violations. Lewis & Clark shall take whatever disciplinary action it considers appropriate under the circumstances, including but not limited to counseling, reprimand, suspension, transfer, expulsion or termination.

Possible disciplinary actions for faculty members will be considered with reference to Lewis & Clark’s policy on termination and nonrenewal of faculty appointments.

The appropriate Executive Officer will make the ultimate determination of the action to be taken in response to any finding of a violation of this policy. The resolution of an alleged violation of this policy shall be made as expeditiously as possible, consistent with the facts and the process. A final determination will be communicated in writing to the person alleged to have violated this policy and to the complainant. The Office of Human Resources will retain in a secure place a record of any investigation and determination as to an alleged violation of this policy.

Appeals
If either party does not agree with the determination, that party may file a grievance. Different grievance procedures apply depending on the employment status of the individual at Lewis & Clark.

Staff members, and faculty members not otherwise covered by the Faculty Grievance Procedure listed in the Faculty Handbook, may proceed directly to step 3 of the Grievance Procedure listed in the Staff Handbook. This procedure may also be used by students who make the complaint when the student does not agree with the determination.

Faculty who are covered by the Faculty Handbook may use the Faculty Grievance Procedure in the Faculty Handbook.

Complaints Against Students

Graduate School of Education and Counseling
Complaints of discrimination and harassment made against a Graduate School student should be reported to Dean of the Graduate School. Complaint procedures are outlined here in the Graduate Student Handbook.

Time Period for Filing a Complaint

Prompt reporting of a complaint is strongly encouraged, as it allows for rapid response to and resolution of objectionable behavior. In the interest of early resolution and in the interests of fairness to the parties involved, any complaint must be made within two years of the last instance of the conduct alleged to have violated this policy.

Protection of Parties and Witnesses
All reasonable action will be taken to assure that any party, those who are witnesses in an investigation or supporting any party in other ways, suffer no retaliation as a result of their participation in this process. Any attempt by a student, member of the faculty, staff or administration to penalize or retaliate in any way against a person bringing a complaint, or against those who are witnesses in an investigation, is prohibited and will be treated as a separate incident subject to investigation. A determination of retaliation by students may lead to a disciplinary action. A determination of retaliation by faculty or staff may result in disciplinary action up to and including termination. Either the complainant or the accused, if covered under a collective bargaining agreement, may request a union steward as appropriate during the process.

Complaints Filed with Outside Agencies
Except where criminal activity is involved, Lewis & Clark’s intention is that all complaints will be resolved internally through these procedures. However, an aggrieved individual may also file a complaint with any appropriate local, federal or state agency.

 Sexual Misconduct Policy

IV. Sexual Assault Response Network

Sexual Assault Response Advocate Pager, (503) 202‐3119
Campus Safety Office, (503) 768‐7777
Counseling Service, (503) 768‐7160
Dean of Students, (503) 768‐7110
Associate Dean of Students, (503) 768-7186
Associate Dean for Academic Affairs, Law School, (503) 768-6634
Associate Dean of the Graduate School, (503) 768-6003
Health Promotion & Wellness, (503) 768‐7112
Office of Campus Living, (503) 768‐7123
Student Health Service, (503) 768‐7165
Student Support Services, (503) 768‐7156
Your Resident Advisor or Area Director

 Sexual Assault Response Advocate …………… Pager: (503) 202-3119

(Enter your phone number after the prompt, and then press #) The Sexual Assault Response Advocate (SARA), henceforth referred to as the “Advocate” responding to your page is on call 24 hours a day, 7 days a week.

The Advocate will offer overall assistance and follow‐up to the survivor. (See below for detailed information about anonymity and confidentiality.)

The Advocate will explain the network of contact points available in terms of boundaries of confidentiality, services offered by each contact point, and options and choices available to the survivor. Each of the contact points in the network is trained to assist survivors.

Contact points included in this Sexual Assault Response Network include:

• Campus Living staff (ADs and RAs);
• Counseling Center staff;
• Student Health staff;
• Campus Safety officers; and
• The Associate Dean of Students & Deputy Title IX Coordinator or designee.

These contact points provide counseling assistance, medical treatment, aid in seeking legal advice, family crisis management, help with rearranging class or exam schedules, transferring residence halls, and other service or facilitation as necessary.

The survivor’s use of the Advocate, network contact points and any and all services provided by associated departments is completely voluntary.

Once involved with a survivor, the Advocate will notify the ADOS, or designee, that the Sexual Assault Network protocol is “active.” With the exceptions noted below, the advocate will not disclose confidential information to the ADOS, or designee, without prior consent of the survivor.

The Sexual Assault Response Advocate will monitor each contact point to ensure consistent implementation of protocol. Every effort will be made to coordinate support among the different contact points so that the survivor is not recounting their experience for each new contact.

Advocacy services are also available for the accused, including counseling and medical resources.

Title IX Coordinator

The College’s Title IX Coordinator is the Vice President and Provost.  The Title IX Coordinator has responsibility for overseeing all Title IX compliance, including complaints of Sexual Misconduct.  All instances of Sexual Misconduct should be reported to the Title IX Coordinator or a Deputy Coordinator.

Title IX Coordinator:

Vice President and Provost, (503) 768-7204

Deputy Title IX Coordinators:

Associate Dean of Students, College of Arts and Sciences, (503) 768-7178
Associate Dean for Academic Affairs, Law School, (503) 768-6634
Associate Dean of the Graduate School, (503) 768-6003
Associate Vice President, Human Resources, (503) 768-6239

 Complaints involving students should be reported to the Deputy Title IX Coordinator for the school where the survivor attends.  Complaints involving faculty or staff should be reported to the Associate Vice President for Human Resources.

Anonymity and Confidentiality

A survivor can call the Advocate, receive support and information, and never give their name. This ensures anonymity while providing necessary assistance. The survivor may choose to use services outlined by the Advocate, or the survivor may choose to do nothing at this time.

If the survivor chooses to give their name to the Advocate, the survivor’s name will be maintained in confidence to the extent possible.

There are exceptions to this rule of confidentiality, but these exceptions arise very infrequently. They include:

• In cases where an accused poses a significant risk to the general safety of the campus community, the Advocate will contact the ADOS, or designee. The name of the survivor will only be disclosed to the ADOS, or designee, if that disclosure is absolutely necessary to protect the campus community from harm.
• In cases where the survivor is not of legal age, the Advocate is required to report the incident to Oregon DHS.
• If the Advocate believes the survivor is at significant risk of suicide or harming others, the Advocate will take action to protect the survivor or others from harm. This could involve a limited disclosure of information to health care providers, Campus Safety, or a similar entity.
• When legally compelled to disclose the survivor’s name.
• Advocates may consult with other Advocates in an effort to improve the quality of services. All such consultations are strictly confidential.

Student Health employees, Counseling staff, and the ADOS, or designee, are not obligated to disclose the name of the survivor publicly, but must file an anonymous Sexual Assault Incident Report  form. This form simply indicates that a sexual assault occurred; it does not need to contain any identifying information. Resident Advisors, Area Directors, Campus Safety personnel, and other administrative staff are required to inform their immediate supervisor if they learn of alleged sexual misconduct, and they are expected to file a Sexual Assault Incident Report  form. Beyond this notification of supervisor, these individuals will keep information in confidence, except as described above.

No campus agency will release the names of survivors to the media or public. Some campus agencies may need to be notified about the incident regarding safety concerns for others, but names will not be released.

Sexual Assault Incident Report Form

The Sexual Assault Response Advocate, as well as all network contact points, will file an anonymous Sexual Misconduct Incident Report Form to be kept on file with the Sexual Assault Response Coordinator. This report does not carry the survivor’s name or other specific identifying information, unless specifically authorized by the survivor. Forms will be available from Campus Safety, Campus Living, Counseling, Student Health, Health Promotion and Wellness, and the Associate Dean of Students. The form may be submitted to the Advocate by survivors at MSC 182.

The report is kept on file by the Sexual Assault Response Coordinator. Under federal law the incident will be reported to the Campus Safety Office and published as a statistic in the annual Crime Awareness, Security and Fire Safety Report. These federal statistical reporting obligations do not involve disclosing the name of the survivor or any other person or their personally identifiable information.

Survivors/Witnesses and Policy Violations

Sometimes survivors/witnesses are hesitant to report Sexual Misconduct, out of concern that they themselves might be accused of lesser policy violations (such as violations of the alcohol policy) that took place surrounding the incident. It is in the best interest of the community for survivors/witnesses to feel as comfortable reporting as possible. As a result, the College pursues a policy of offering survivors/witnesses of Sexual Misconduct limited immunity from being charged with policy violations related to the Sexual Misconduct incident.

V. Medical Attention

Survivors are strongly encouraged to seek immediate medical assistance. Physical evidence of a sexual penetration dissipates after 84 hours, at a maximum, and it is best to have a SAFE (Sexual Assault Forensics Exam) administered by a medical clinician within 48 hours of the assault. This procedure is available at most hospitals in the Portland area. For a complete list of hospitals, contact the SARA at 503‐202‐3119, or Portland Women’s Crisis Line at 503‐235‐5333.

Preserving physical evidence is essential  to any later criminal prosecution, and it is extremely helpful in campus conduct cases. Convictions without physical evidence are all but impossible. SAFE results are sealed by the doctor and safeguarded by the police. By Oregon law, survivors may chose to have a SAFE kit collected without filing a formal report with the police. In this instance, the SAFE kit will be administered at the medical facility, and later collected by the police for storage for up to 6 months, should the survivor wish to pursue criminal prosecution at a later date. The survivor remains anonymous unless she/he decides to press charges. SAFE kit evidence collected in this manner is destroyed after 6 months. Although the Student Health Service cannot perform a SAFE procedure, emergency contraception and testing for STIs and pregnancy are available. In Oregon the administration of the SAFE is covered by the Sexual Assault Victims’ Emergency Medical Response Fund (SAFE funds). However, it may be of concern to the survivor that hospitals will charge for pregnancy and STI tests if a SAFE kit is not collected. If pregnancy is a serious concern, the survivor should be aware that in the state of Oregon, emergency contraception (the “morning after pill”) is available over‐the‐counter at pharmacies. It is also available in the Student Health Service.

Unless it is still being worn, clothing worn at the time of the assault should be placed in clean, unused paper bags and taken to the hospital (or other medical facility). Receiving medical attention is also important if it is possible that the survivor has suffered internal injuries, or fears pregnancy or sexually transmitted infections. The Sexual Assault Forensic Exam Checklist used by hospital emergency units is available from the Sexual Assault Response Advocate.

Rape Trauma Syndrome (RTS)

An acute stress reaction resulting from either a completed or attempted sexual assault, Rape Trauma Syndrome is a form of Post Traumatic Stress Disorder (PTSD).  Not all the reactions encompassed by RTS are experienced by each survivor; rather, RTS represents a range of possible reactions. RTS reactions vary from person to person.

RTS has two major phases: the immediate or acute phase, in which the survivor’s lifestyle is completely disrupted, and the long‐term phase, in which the survivor must reorganize this disrupted lifestyle.

Characteristics of the first phase include shock, disbelief, sleeping and eating pattern disturbances, difficulty in concentrating, fear, shame, guilt, mood swings, lack of self‐esteem, and flashbacks to the incident. The reintegration phase will be aided by support from friends, relatives, and others in the survivor’s environment.

VI. Filing a Report with the Portland Police Bureau

Campus Safety officers are on duty 24 hours a day, 7 days a week and will initiate an investigation, if the survivor wishes.

At the discretion of the survivor,  Campus Safety can assist in filing a report with the Portland Police Bureau. Campus Safety officers are trained in working with survivors of sexual assault and rape by members of the Portland Police Bureau’s Sexual Crimes Unit. The Portland Police Bureau is required by law to maintain the confidentiality of all survivors of sexual assault and rape.

The survivor may request that the Portland Police Bureau investigate the crime and gather evidence at the time of the incident. The longer the survivor waits, the smaller the amount of evidence the police will be able to obtain. However, it is important that there at least be a fresh incident report on file and/or an anonymous SAFE kit collected within 84 hours of the incident if the survivor decides later that they would like to take further action. The survivor may request that the Police Bureau not investigate the crime itself but rather maintain the information of the crime and its particulars in its regular reservoir of crime data.

VII.  Filing a Report with the Office of Civil Rights

The Office of Civil Rights enforces Title IX for the Department of Education.  While reports are not required to be filed with the OCR, reports may be filed at the following office:

Office of Civil Rights
U.S. Department of Education
Phone (206)607-1600
http://www.ed.gov/ocr/complaintintro.html

VIII. Academic or Residence Hall Changes

Initiation of any academic or housing changes is fully confidential and voluntary on the survivor’s part, as is seeking disciplinary action by the College

IX. Significant Threat to Community 

In cases where an accused poses a significant risk to the general safety of the campus community, the Advocate will contact the ADOS, or designee. The name of the survivor will only be disclosed to the ADOS, or designee, if that disclosure is absolutely necessary to protect the campus community from harm. If the ADOS, or designee, concludes that a significant threat exists, the ADOS, or designee, will take necessary action to protect the community while preserving the reporting survivor’s anonymity.

X. Pertinent Federal Legislation

The Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act  requires colleges to report accurate statistics regarding sexual misconduct, but such reports do not include names of survivors or others or personal information from which they could be identified.

Additionally, if the sexual misconduct is reported, the survivor can choose to pursue disciplinary action on campus without needing to file charges with the police. The campus disciplinary procedures, outlined below, are designed to support the survivor by expediting a hearing and appropriate outcomes.

XI. Disciplinary Process

These procedures will be followed for Sexual Misconduct hearings involving students from any school at the College.

The College’s disciplinary procedures should be viewed as a resource to the survivor of sexual misconduct.

Sexual misconduct is a violation of College policy, and, depending on the behavior that constitutes a particular episode of misconduct, may also be subject to criminal and/or civil penalty. Regardless of whether a criminal or civil case is filed against a respondent, a student charged with any type of Sexual Misconduct will be subject to the College Disciplinary process.  If the College’s Sexual Misconduct Review Board finds that the alleged misconduct occurred, the following range of outcomes could apply:

Outcome Statement

• Any student found responsible for violating the policy on Non-Consensual Sexual Contact (where no intercourse has occurred) will likely receive an outcome ranging from probation to expulsion, depending on the severity of the incident, and taking into account any previous campus conduct code violations.*
• Any student found responsible for violating the policy on Non-Consensual Sexual Intercourse will likely face a recommended outcome of suspension or expulsion.*
• Any student found responsible for violating the policy on sexual exploitation or sexual harassment will likely receive a recommended outcome ranging from warning to expulsion, depending on the severity of the incident, and taking into account any previous campus conduct code violations.*

*The conduct body reserves the right to broaden or lessen any range of recommended outcomes in the case of serious mitigating circumstances or egregiously offensive behavior.  Neither the initial hearing officers nor any appeals body or officer will deviate from the range of recommended outcomes unless compelling justification exists to do so.

Initial Steps

As described in this policy’s section three, “Procedures for Survivors of Sexual Misconduct,” it is possible for a survivor to make a first report to a number of different contact points throughout the College community (the Sexual Assault Response Network). If, after meeting with any of these contact points, the survivor determines that they would like to pursue a College disciplinary hearing, the contact point will direct the student to meet with the ADOS, or designee.

Once a meeting is arranged, the ADOS, or designee, will meet with the survivor and outline how a formal conduct hearing would work, as well as possible outcomes of the survivor’s options. If the survivor decides to make a formal charge, the ADOS or designee will take a written (or audio‐recorded) statement of the survivor’s account of the incident (if the survivor has already made such a statement directly to Campus Safety, it may be used). The accused student will also be given the opportunity to provide the ADOS, or designee, with a written statement after the charge has been made by the complainant (if the accused student has already made a statement to Campus Safety, it may be used). The ADOS, or designee, will then present the accused student with a charge letter indicating in writing what policies they are alleged to have violated.

Formal and Informal Complaint Procedure for Student Complaints of Sexual Misconduct

This procedure is intended to apply to student complaints against other students. Complaints about matters other than sexual misconduct will be addressed through the student conduct procedures located elsewhere in this Code.  Human Resources will address complaints by a member of the community against an employee or other non-student.

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

Formal Complaint Process

The Associate Dean of Students & Deputy Title IX Coordinator (ADOS) or designee is designated to formally investigate student sexual misconduct complaints, address inquiries and coordinate the College’s compliance efforts regarding student complaints regarding sexual misconduct.  Notice of a formal complaint can be made in person or orally to the ADOS, or designee.

The complaint should clearly and concisely describe the alleged incident(s), when and where it occurred.  The complaint should be signed by the complainant 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 complainant. Any supporting documentation and evidence should be referenced within the body of the formal complaint. Additionally, the complainant of a formal complaint should submit any supporting materials in writing as quickly as is practicable. 

Upon receipt of a complaint the ADOS, or designee, will open a formal case file and assign an Investigator who will direct the investigation and confer with the Title IX Coordinator on interim action, accommodations for the complainant, or other necessary remedial short-term actions. 

The Investigator will then take the following steps:

• In coordination with the campus Title IX Coordinator, initiate any necessary remedial actions;
• Determine the identity and contact information of the complainant;
• Identify the correct policies allegedly violated;
• Conduct an immediate initial investigation to determine if there is reasonable cause to charge the respondent, and what policy violations should be alleged as part of the complaint; 
• If there is insufficient evidence to support reasonable cause, the complaint will be closed with no further action;
• The complainant will be notified in person as to the reasons for closing the case
  • Meet with the complainant to finalize the complaint;
  • 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 timeframe, and order of interviews for all witnesses and the respondent, 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 to have occurred);
  • Present the findings and recommended outcome(s) to the respondent and complainant, each 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.

If the respondent is found not responsible for the alleged violation(s), the investigation should be closed, unless the complainant requests a hearing.  If a hearing is requested, the ADOS, or designee, will convene a Sexual Misconduct Review Board to resolve the contested aspects of the complaint.  If the respondent and the complainant accept the finding that respondent violated College policy, the ADOS, or designee, will impose appropriate outcomes for the violation, after consultation with the Title IX Coordinator. The College will act to end the discrimination, prevent its recurrence, and remedy its effects on the complainant and the College community. 

In the event that the respondent or complainant rejects the findings in part or entirely, the ADOS, or designee, will convene a Sexual Misconduct Review Board to resolve the contested aspects of the complaint.  The Investigator will present their findings to the board and the Hearing Board will interview the Investigator.

The complainant will present their case second, and will be able to interview the Investigator. There are some situations in which the complainant cannot or will not present their own case. In these situations, the ADOS may appoint an administrator to present the case for the complainant in the complainant’s stead. If the complainant elects to let the College present the case, the complainant still may be present throughout the entire proceeding. The complainant may call no witnesses and presentation of the complainant’s case will consist of interviewing the Investigator, unless the Hearing Board agrees that a witness other than the Investigator should be called.

Next, the respondent may present their case and interview the Investigator.  The respondent may call no witnesses and presentation of the respondent’s case will consist of interviewing the Investigator, unless the Hearing Board agrees that a witness other than the Investigator should be called.

The Hearing Board may call any witnesses interviewed by the Investigator at any point to clarify or challenge statements made during the hearing.

At any hearing, the findings of the investigation will be admitted, but are not binding on the decider(s) of fact.  The Investigator may give evidence.  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 rights of all participants. 

The ADOS, or designee, has final decision-making authority with regard to formal complaints, subject to appeal.  Where a respondent is found in violation, the ADOS, or designee, will impose appropriate outcomes for the violation, after consultation with the Title IX Coordinator.  The College will act to end the discrimination, prevent its recurrence, and remedy its effects on the complainant and the College community.  Appeal proceedings as described in this Policy will apply to all parties to the complaint.

Elaboration on Student Participation in the Complaint Process

The Investigator will contact or request a meeting with the initiator of the formal complaint, and the survivor (if different people).  The Investigator also may contact or request a meeting with relevant College staff, students, or others as part of the investigation. The complainant may request to meet and discuss the allegations of the complaint with the Investigator and may offer any documentation, witnesses, or other materials in support of the complaint.  All parties to a complaint shall be advised that they have the option to have an advisor assist them during the case.  Such an advisor should be a member of the College community: student, faculty member, academic advisor, or staff member. 

A party must advise the Investigator of the identity of an advisor or witness at least two (2) business days before the date of the meeting with the Investigator. During a meeting with the Investigator, an attorney acting as a lawyer may not serve as the student’s advocate or formally represent the student. 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, nor is formal legal representation allowed.  The Investigator may remove anyone disrupting the meeting from the discussion.  All these same opportunities and privileges extend to all parties to the complaint.

Time Frame and Grounds for Filing an Appeal Request

In the event that a respondent accepts the findings of the investigation, those findings cannot be appealed.  Outcomes imposed by the ADOS, or designee, post-investigation can be appealed by any party according to the grounds below.  Post-hearing, any party may appeal the findings and/or outcomes only under the grounds described below. 

All outcomes imposed will be in effect during the appeal. A request may be made to the ADOS, or designee, for special consideration in exigent circumstances, but the presumptive stance of the institution is that the outcomes 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 student to their prior status, recognizing that some opportunities lost may be irretrievable in the short term.

The decision of the ADOS, or designee, may be appealed by petitioning the ADOS.   Respondents or complainants must petition within 5 business days of receiving the written decision for a review of the decision or the outcomes imposed.  Any party who files an appeal must do so in writing to the ADOS. The ADOS, or designee, will share the appeal with the other party (e.g., if the respondent appeals, the appeal is shared with the complainant, who may also wish to file a response), and then the ADOS will draft a response memorandum (also shared with all parties). All appeals and responses are then forwarded to the Dean of Students, or designee, for initial review to determine if the appeal meets the limited grounds and is timely.  The original finding and outcome 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 and outcome are presumed to have been decided reasonably and appropriately. The ONLY grounds for appeal are as follows:

1. A procedural error occurred that significantly impacted the outcome of the hearing (e.g. substantiated bias, material deviation from established procedures, etc.);
2. To consider new evidence, unavailable during the original hearing or investigation, that could substantially impact the original finding or outcome. A summary of this new evidence and its potential impact must be included;
3. The outcomes imposed are substantially disproportionate to the severity of the violation.

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

If the appeals officer or committee determines that a material procedural error occurred, it may return the complaint to the original hearing body with instructions to reconvene to cure the error.  In rare cases, where the procedural error cannot be cured by the original hearing officers (as in cases of bias), the appeals officers or committee may order a new hearing on the complaint with a new Sexual Misconduct Review Board.  The results of a new hearing can be appealed once, on the three applicable grounds for appeals. 

If the appeals officer or committee determines that the outcomes imposed are disproportionate to the severity of the violation, the appeals officer or committee will return the complaint to the ADOS, or designee, who imposed the outcome, which may then increase, decrease or otherwise modify the outcomes.  This decision is final. 

The procedures governing the hearing of appeals include the following:

• All parties should be informed in a timely way of the status of requests for appeal, the status of the appeal consideration, and the results of the appeal decision;
• Every opportunity to return the appeal to the original hearing body for reconsideration (remand) should be pursued;
• Appeals are not intended to be full re-hearings 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;
• This is not an opportunity for appeals officers to substitute their judgment for that of the original hearing body merely because they disagree with its finding and/or outcomes. Appeals decisions are to be deferential to the original hearing body, making changes to the finding only where there is clear error and to the outcome only if there is a compelling justification to do so;
• Outcomes imposed are implemented immediately unless the ADOS, or designee, stays their implementation in extraordinary circumstances, pending the outcome of the appeal.
• The appeals committee or officer will render a written decision on the appeal to all parties within seven (7) business days from hearing of the appeal.  The committee’s decision to deny appeal requests is final.

Special Complaint Process Provisions

1. Attempted Violations
   In most circumstances, the College will treat attempts to commit any of the violations listed in the Student Code of Conduct as if those attempts had been completed.
2. College as Complainant
   As necessary, the College reserves the right to initiate a complaint, to serve as complainant, and to initiate conduct proceedings without a formal complaint by the survivor of misconduct. 
3. False Reports
   The College will not tolerate intentional false reporting of incidents.  It is a violation of the Student Code of Conduct to make an intentionally false report of any policy violation, and it may also violate state criminal statutes and civil defamation laws. 
4. Immunity for Survivors and Witnesses
   The College community encourages the reporting of Conduct Code violations, especially sexual misconduct. Sometimes, survivors or witnesses are hesitant to report to College officials or participate in complaint processes because they fear that they themselves may be charged with policy violations, such as underage drinking at the time of the incident. It is in the best interest of this community that as many survivors as possible choose to report to College officials, and that witnesses come forward to share what they know. To encourage reporting, the College pursues a policy of offering survivors of sexual misconduct and witnesses limited immunity from being charged for policy violations related to the sexual misconduct incident.  While violations cannot be completely overlooked, the College will provide educational rather than punitive responses, in such cases.
5. Bystander Engagement
   The welfare of students in our community is of paramount importance.  At times, students on and off-campus may need assistance. The College 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, a student who has been drinking underage might hesitate to help take a sexual misconduct survivor to Campus Safety). The College pursues a policy of limited immunity for students who offer help to others in need. While policy violations cannot be overlooked, the College will provide educational options, rather than punishment, to those who offer their assistance to others in need.
6. Parental Notification
   The College 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, the 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.
   
7. Notification of Outcomes
   The outcome of a campus hearing is part of the educational record of the respondent, and is protected from release under a federal law, FERPA.  However, the College observes the legal exceptions as follows:
   
   • Complainants in non-consensual sexual contact/intercourse, sexual exploitation, sexual harassment, stalking, and relationship violence incidents have an absolute right to be informed of the essential findings, and outcomes of the hearing, in writing, without condition or limitation.
   • The College may release publicly the name, nature of the violation and the outcome 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.
8. Alternative Testimony Options
   For sexual misconduct complaints, and other complaints of a sensitive nature, whether the survivor is serving as the complainant or as a witness, alternative testimony options will be given, such as placing a privacy screen in the hearing room, or allowing the survivor to testify outside the physical presence of the respondent, such as by Skype.  While these options are intended to help make the survivor more comfortable, they are not intended to work to the disadvantage of the respondent.
9. Past Sexual History/Character
   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 ADOS, or Designee.  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 ADOS, or Designee.  While previous conduct violations by the respondent are not generally admissible as information about the present alleged violation, the ADOS 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:

• The respondent was previously found to be responsible;
• The previous incident was substantially similar to the present allegation;
• Or information indicates a pattern of behavior and substantial conformity with that pattern by the respondent. 

XII. Portland-Area Resources

Crisis Services/Counseling/Advocacy

http://college.lclark.edu/offices/health_promotion_and_wellness/sexual_violence_prevention_and_response/resources/

XIII. Legal Options for Survivors of Sexual Assault 

Portland Area Legal Assistance

https://college.lclark.edu/offices/health_promotion_and_wellness/sexual_violence_prevention_and_response/resources/

Legal Process for Sexual Assault/Rape Survivor

https://college.lclark.edu/offices/health_promotion_and_wellness/sexual_violence_prevention_and_response/crimina.php

Note: Copies of pertinent Oregon Statutes are found in ORS 163.305–163.525 and may be obtained from the Campus Safety Office.

Approved by Executive Council September 7, 2011

 Sexual Harassment

Policy Statement

A supportive, congenial and professional environment is essential to Lewis & Clark’s academic mission. For this reason, Lewis & Clark strives to sustain an atmosphere in which individual dignity is respected. Sexual harassment at Lewis & Clark will not be tolerated.

What Constitutes Sexual Harassment

Unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature constitutes sexual harassment when:

1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic advancement;
2. submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting such individual; or
3. such conduct has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile, or offensive work or academic environment. In evaluating conduct of the sort described above, the interference and/or the environment will be viewed through the eyes of a reasonable person in the position of the victim of the alleged harassment.

This definition is not intended to limit the free exchange of opinions or the vigorous debate of ideas. All members of the college community are entitled to use speech to convey disagreement, agreement, inquiry or commentary in keeping with the principles underlying constitutionally protected free expression. In particular, speech that is related to or uttered in connection with academic affairs or the expression of non-anonymous opinions in classrooms, open forums, papers, newspapers or pamphlets will not constitute sexual harassment under (3) above unless it is so severe or pervasive as to interfere unreasonably with an individual’s work or academic performance or unreasonably create an intimidating, hostile or offensive work or academic environment.

Sexual harassment as a concept encompasses a broad range of conduct, from the display of sexually suggestive objects or pictures to coerced sexual relations. Whether or not particular conduct constitutes sexual harassment will depend on the context in which the conduct arises, the relationship of the parties, and the severity and frequency of the conduct.

Not all sexual conduct is sexual harassment. Sexual conduct, to be a violation of this policy, must be unwelcome and must be sufficiently severe or pervasive that it meets the definition in this policy. Sexual harassment is not limited to heterosexual harassment. Retaliation for complaining about any violation or perceived violation of this policy may lead to dismissal.

Where one party is in a position to extend academic or employment benefits to another, even a completely welcome, consensual romantic or sexual relationship raises at least the appearance of impropriety and can create an unwelcome appearance of favoritism and bias. Such a relationship can lead to sexual harassment allegations if it later becomes unwelcome. Sexual harassment is not limited to situations where there is an unequal power relationship between the parties, but such a relationship may make sexual harassment more likely.

Conduct occurring off campus can lead to a violation of this policy if it unreasonably interferes with a person’s academic or work environment.

 

College-Wide Academic Policies

 Academic Freedom in Courses and Scholarship

The faculty member in the classroom, laboratory, and conference with students should encourage free discussion, inquiry, and expression. Students are free to take reasoned exception to the data or views offered in any course of study and to reserve judgment about matters of opinion, but students are also responsible for learning the content of any course of study for which they are enrolled.

Students should expect that performance in academic settings be evaluated on an academic and professional basis. Students should be informed in advance concerning attendance policies and grading procedures of faculty members in whose classes they are enrolled. Students should be given a syllabus or equivalent description of course proceedings and expectations for each class in which they are enrolled. If students believe a final grade in a course or an academic decision affecting continuance in a degree program deviates from established practices, students have the right of appeal. The grounds for such an appeal must be procedural. Appeals procedures are published in the Academic Policies section of this handbook. Students are responsible for knowing and adhering to the principles of academic integrity as stated in the Graduate School Catalog and The Navigator.

 Access to Higher Education

Any person may apply for admission to Lewis & Clark. No applicant shall be barred from admission to Lewis & Clark on the basis of race, color, age, religion, sex, sexual orientation, national origin, disability, or marital status. Any student in good standing may be granted a leave of absence from Lewis & Clark, according to current and published policies.

 Confidentiality of Records

Students should expect Lewis & Clark to maintain and protect the confidential status of all personal and academic records except as directed by appropriate legal authority. Certain information is shared within Lewis & Clark for academic and administrative purposes. Such information remains confidential and is shared only as necessary.

The Family Education Rights and Privacy Act of 1974 (FERPA or the Buckley Amendment)
This legislation details students’ rights to access to educational records and restricts Lewis & Clark in the release and disclosure of those records to third parties. The full policy is available online at http://www.lclark. edu/dept/reg/ferpa. html.

Those individuals defined as students have a right to access their educational records. The Family Education Rights and Privacy Act covers two groups of Lewis & Clark students: those currently enrolled at Lewis & Clark on either a full-time or part-time basis, and former Lewis & Clark students. Educational records include files, documents, records, and other materials regularly maintained by Lewis & Clark (or a party acting for Lewis & Clark), which contain information directly related to a student.

Some information is not considered part of an “educational record” and is, thus, not open for review by the student. Confidential records in the Student Health Center, the Counseling Center, and the Chaplain’s Office are examples of this category. Other information that is not considered educational records (and thus is not open to student review) includes, but is not limited to, the following:

• Records that are maintained personally by faculty or administrators and kept in their sole possession.
• Records containing parental financial information (unless released by prior written approval of the parents).
• Records maintained by Lewis & Clark legal counsel.

Lewis & Clark should not permit access to, or release of, educational records or any personally identifiable information in them to third parties without the prior written consent of the student, except under specific conditions that include, but are not limited to, the following:

1. Information may be released to officials of Lewis & Clark who have a legitimate educational interest in obtaining access to the records. Such access should be granted to persons at Lewis & Clark who are determined by the records custodian to have purposes directly related to the educational program of Lewis & Clark or the student.
2. Records may also be released to officials of another institution where the individual seeks or intends to enroll.
3. Access may be granted to persons who require it in connection with the student’s application for, or receipt of, financial aid.
4. Legal authorities may be allowed access to educational records in order to comply with a judicial order (an attempt to notify the student is required by law before Lewis & Clark can honor such an order or subpoena) pursuant to any lawfully issued subpoena.
5. Access may be granted to appropriate persons in connection with an emergency, if knowledge of such information is necessary to protect the health or safety of the student or other persons.
6. Authorized representatives of the following may be allowed access to educational records for audit and evaluation of programs supported by federal or state governments:
   1. Comptroller General of the United States.
   2. The Secretary of the United States Department of Education.
   3. The United States Commissioner of Education, Director of National Institute of Education, or Assistant Secretary of Education.
   4. State educational authorities.
7. The law states that, if a student is a dependent, Lewis & Clark may release educational records information (not privileged information) to parents. Lewis & Clark will evaluate individual circumstances before doing so, and will require a copy of the first page of the parent’s federal income tax return to establish the student’s status as a dependent. If educational information is properly released to a custodial parent of whom the student is a dependent, a duplicate of the released information may also be released to a natural, non-custodial parent of whom the student is not a dependent.

With the written consent of the student, Lewis & Clark may release information from educational records to third parties. If such a transfer of information is made, it should be a condition of release by Lewis & Clark that those to whom the information is released will not permit additional access to the records without written consent of the student.

Directory Information
This information may be released for any purpose at the discretion of Lewis & Clark. Students may withhold the disclosure of directory information by notifying the Office of the Registrar of their wish to do so. Forms requesting the withholding of directory information are available in the Office of the Registrar.

Directory information includes: name, address, telephone number, email address, photograph, dates of attendance, class, previous college(s) attended, major field of study, awards, honors, degree(s) conferred, past and present participation in officially recognized sports and activities, height and weight of members of athletic teams, and date and place of birth.

You may obtain access to most of your own educational records by making a request to the Office of the Registrar. For detailed information regarding FERPA, see the Office of the Registrar.

 Copyrighted Material, Use of

Printed Materials
Copyright laws prevent unauthorized copying, modification, distribution, display, and performance of copyrighted materials. Copyrighted materials include computer programs and data, videotapes, and printed materials.

Penalties have been established for infringement of a copyright owner’s rights, including impounding of illegal copies, awards or actual damages, statutory damages up to $100,000, awards of costs and attorney’s fees, and criminal penalties for willful infringement. Violation of these laws is a serious matter.

Computer Software
Computer software used by the Lewis & Clark academic community is protected by copyright. This protection is essential for developers to undertake the very expensive task of producing high quality computer software. Purchasers of the software are allowed to make another copy of that software provided:

1. A new copy or adaptation is created as an essential step when using the computer program in conjunction with a machine and that it is used in no other manner.
2. new copy or adaptation is for archival purposes only and that all archival copies are destroyed in the event that continued possession of the computer program should cease to be rightful.

Essentially, a purchaser of software has the right to adapt or copy a computer program so that it will function properly on his or her computer, and to make one copy for storage in case something happens to the working copy of the program. Archival copies of software should be destroyed when the piece of software is sold, given away, or leaves the possession of the purchaser. Without special permission from the copyright owners, these are the only authorized instances for copying computer software by a purchaser. Persons who acquire software under a license agreement are bound by the terms of the license agreement.

Videotapes
Under copyright law, any legally obtained videocassette may be used for instructional purposes in the classroom of a nonprofit institution such as Lewis & Clark as part of face-to-face instruction. In order to qualify for this exemption the following requirements must be met:

1. The showing must be from a legitimate, legal copy. (Videocassettes marked for home use only are entitled to exemption from educators if all the rest of the requirements are met.)
2. Attendance must be limited to the faculty member and regular, enrolled students.
3. The showing must be part of a systematic course of instruction (e.g. teaching activities) and not for entertainment, recreation, or cultural value.
4. The showing must take place in a classroom or place devoted to instruction.

Written Materials
Photocopying must follow guidelines of fair use under the copyright law. Fair use includes copying, adaptation, display, or performance, and other forms of duplication for study, scholarship, research, and teaching. Factors considered in determining “fair use” are the purpose and character of the use—including whether use is for nonprofit educational purposes, the nature of the copyrighted work, the relative portion of a copyrighted work which is copied, and the effect of such use on the potential market for, or value of, the copyrighted work.

Students can determine which works are appropriate for photocopying. Lewis & Clark does not condone photocopying instead of purchase where such copying would constitute an infringement under the copyright law, but it encourages students to exercise good judgment in the reproduction of academic materials. The user must secure permission to copy whenever it is legally necessary.

 Freedom of Inquiry in Student Affairs and Campus Activities

Expression of Individuals and Student Organizations
You are free to examine and to discuss all questions of interest to you and to express opinions publicly and privately. You should make clear to the academic and the larger community that in your public expressions or demonstrations, you speak for yourself and not necessarily for Lewis & Clark.

Issues of Anonymous Expression
Should you choose to express yourself anonymously, acceptance and publication of your anonymous submission(s) by recognized campus media are at the discretion of the editor/director of each respective medium following the dictates of internal editorial policies and the Canons of Responsible Journalism.

Sponsoring Public Events
Public performances and presentations should be sponsored by recognized campus groups. These groups must follow Lewis & Clark procedures for the scheduling of speakers and other programs and assume the responsibility that the event and its conduct are appropriate to the academic community. Sponsorship of an event does not imply approval or endorsement of the views expressed by the sponsoring group or Lewis & Clark.

Student Demonstrations
Individual expression must always take place in an orderly fashion, without force or the threat of force, and in a manner which does not deliberately obstruct the orderly processes of Lewis & Clark. Freedom to dissent is exercised in the context of the law and of responsibility for your actions.

Student Media
Student communications media shall be free of censorship and advance approval of copy. They shall have sufficient editorial freedom and financial autonomy to maintain their integrity of purpose as vehicles for free inquiry and expression. This freedom entails adherence to the Canons of Responsible Journalism, such as the avoidance of libel, indecency, undocumented allegations, attacks on personal integrity, and the avoidance of the techniques of harassment and innuendo.

Acceptance and publication of anonymous submissions by recognized campus media are at the discretion of the editor/director of each respective medium following the dictates of internal editorial policies and the Canons of Responsible Journalism.

Student communications media shall explicitly state that they do not speak officially for Lewis & Clark and that opinions expressed do not necessarily represent those of Lewis & Clark or the student body.

Editors and managers of student publications are protected from arbitrary removal because of disapproval of editorial policy or content.

 Human Research Subjects

The Lewis & Clark Human Subjects Research Committee (Institutional Review Board for federal purposes) must review and approve all research projects involving human participants, including those conducted by students, whether or not the projects are subject to federal regulation or FDA approval. No such research may be undertaken at Lewis & Clark until the Human Subjects Research Committee has granted written approval. Contact the Human Subjects Research Committee through the Dean of the College of Arts and Sciences.

Three kinds of research involving human subjects are specifically regulated by federal or state law:

1. Research which involves human subjects and is funded by the Department of Health and Human Services, including by indirect means such as fellowships.

2. Research supporting an application for FDA approval of products it regulates.

3. Research involving administration of any experimental drug (which may include established drugs used for new purposes) to a human subject.

 

College-Wide Conduct Policies

 Alcohol and Other Drugs Policy

Lewis & Clark seeks to assure the health and well-being of the entire community. Therefore, consistent with state and federal laws including the Drug-Free Schools and Communities Act, Lewis & Clark adopts the following policy designed to prevent the illicit use of drugs and the abuse of alcohol and provide opportunities for education and assistance to members of the Lewis & Clark community.

The Lewis & Clark policy on alcohol and other drug use is described in the brochure “Alcohol and Other Drugs Policy and Information”, distributed annually to each member of the Lewis & Clark community, in accordance with Federal legislation as found in the Amendments to the Drug Free Schools and Communities Act, 1989.

• Lewis & Clark prohibits the unlawful use, abuse, sale, purchase, transfer, possession, manufacture, distribution, or dispensing of drugs or alcohol by students and employees on College property or as part of any College activity. In accordance with Oregon law, the service of alcohol to or consumption by any person who is under the age of 21 or is intoxicated is prohibited. Public intoxication at any age is a violation of this policy.
• Intoxication to the point of incapacitation at any age is a violation of this policy.
• Common source containers of alcohol, such as kegs, are prohibited on campus except with prior written permission as outlined in this policy.
• Drug-related paraphernalia or any other item containing illegal residue are prohibited on campus property and will be confiscated and destroyed by Campus Safety officers.
• Lewis & Clark expects that those employed by the College in any capacity will carry out their duties free from the influence of alcohol or other drugs.
• Alcohol and other drugs may not be consumed in the course of any class, laboratory, or other activity at which attendance is required as part of a student’s course or degree requirements.
• Lewis & Clark has established a drug and alcohol awareness program to inform members of the campus community about: the dangers of alcohol or drug abuse; the Lewis & Clark policy on drugs and alcohol use; available alcohol and drug counseling, rehabilitation, and employee assistance programs; and the penalties that may be imposed for violations of this policy.
• Lewis & Clark encourages students and employees who use illegal drugs or who abuse alcohol to seek appropriate assistance.
• All members of the Lewis & Clark community and guests, and the sponsors of any on-campus or CLewis & Clark-sponsored activity or social event at which alcoholic beverages are served, must abide by all applicable laws. Sponsors must obtain and follow applicable procedures.
  1. Alcoholic beverages may be served or consumed under certain circumstances in designated public spaces only, with prior approval from the authorized official for the College of Arts of Sciences (Dean of Students), the Graduate School of Education and Counseling (Dean), or Northwestern School of Law (Associate Dean), who will confer with the appropriate building manager or other person administratively responsible for the building in which the event will be held.
  2. A “public space” is defined as all locations on campus other than student residential rooms. Public places include but are not limited to hallways, kitchens, lounges, bathrooms, and study rooms in residential facilities, campus grounds, athletic fields, and all other College buildings and vehicles.

Noncompliance with this policy may result in penalties up to and including expulsion from Lewis & Clark and termination of employment. The nature and severity of the violation will determine the progression of corrective action. If the situation warrants, expulsion or termination of employment may occur on a first offense. As required by federal law, Lewis & Clark reserves the right to refer students or employees for prosecution depending on the severity of the violation.

In addition to any disciplinary action that may be taken against individuals, any Lewis & Clark-sponsored or Lewis & Clark-supported groups that condone or encourage violations of this policy may be subject to discipline and possible to dissolution.

Lewis & Clark also reserves the right to remove any and all persons from campus facilities or otherwise separate those persons from the institution whenever there may be a threat to the safety, health, or well-being of Lewis & Clark or a member of the community, whether alcohol- or drug-related or otherwise.

The Drug-Free Workplace Act of 1988 requires that any employee of Lewis & Clark’s community who has been convicted of a violation of the statute involving illegal drugs shall notify the director of human resources within five days of the criminal conviction if the conduct giving rise to the conviction occurred on campus or while the member was in activities sponsored by or connected to Lewis & Clark. Lewis & Clark should then make any reports to government agencies that may be required by law.

Finding Help for Yourself or Others—College and Community Resources
Lewis & Clark recognizes alcohol and other drug dependence as an illness and a major health problem. Alcohol is the number one drug problem in this country and on campus. Drinking alcohol has acute effects on the body. It impairs speech, coordination, vision, and judgment, and often leads to dangerous risk-taking behavior. Nearly half of all accidental deaths, suicides, and homicides are alcohol related. The misuse of alcohol is often involved in violent behavior, acquaintance rape, unintended pregnancy, and exposure to sexually transmitted diseases.

Long-term excessive drinking and other drug use can lead to a variety of health problems. Alcohol and other drugs can cause physical and psychological dependence. They can interfere with memory, sensation, and perception. Drugs impair the brain’s ability to synthesize information. Regular users of drugs develop tolerance and physical dependence, often evidenced by withdrawal symptoms. A user is psychologically dependent when a drug is central to his or her life.

Lewis & Clark encourages all members of the community who use illegal drugs or abuse alcohol to seek appropriate assistance. Lewis & Clark provides alcohol and drug abuse information or referral services to help meet individual needs and to assist in times of crisis.

The Counseling Center and the Student Health Center are available to all members of Lewis & Clark’s community for confidential alcohol or drug-related consultation, whether or not those members are covered under the Lewis & Clark health insurance program.

Members of the Lewis & Clark community are urged to refer individuals troubled by illegal drug use or alcohol abuse to the Counseling Center, Student Health Center, director of human resources, or the appropriate dean or supervisor.

Lewis & Clark College Resources
Campus Safety (503) 768‑7855
Counseling Center (503) 768‑7160
Dean of Students, CAS (503) 768‑7145
Dean, Graduate School (503) 768‑7700
Dean, Law School (503) 768‑6601
Director of Human Resources (503) 768‑7835
Employee Assistance Program (503) 228‑3223
Health Promotion and Wellness (503) 768-7112
Student Health Center (503) 768‑7165

Community Resources
Alcohol and Drug Help Line* (503) 244‑1312
Al-Anon (503) 292‑1333
Alcoholics Anonymous (503) 223‑8569
Alcoholics Victorious (503) 245‑9629
Cocaine Anonymous (503) 256‑1666
Codependents Anonymous (503) 285‑8891
Serenity Lane (503) 244‑4500

* 24-hour Oregon hotline for drug and alcohol information and referral.

Legal Counsel
Criminal convictions may have serious effects on an individual’s future career, in addition to carrying the penalties cited above. Resources for obtaining an attorney include:

Oregon State Bar Referral Service (503) 684‑3763
Oregon Legal Aid Service (503) 224‑4086
Oregon Attorney Assistance Program (503) 226‑3316

Registration, Scheduling, and Licensing of Events in College Public Places:

General

1. Only currently registered students at least 21 years of age may register a student-sponsored event that includes alcohol. Proof of age may be required.
2. If facilities are rented to groups not formally affiliated with the College, group representatives are required to follow the policies and procedures as outlined in this document.
3. Registered events can only occur between regular hours of operation, unless other provisions are approved in writing.
4. No one may sell or distribute alcoholic beverages without a license from OLCC if money is to change hands in any way. Sale is broadly defined to include any charge or fee for service, membership, admission, cups, club dues, donations, etc.
5. If money is to change hands in any way, even indirectly, consult with the Dean of Students, Dean of the Graduate School of Education and Counseling, or the Associate Dean of the Law School in advance of the planned event.
6. Student fees at the College of Arts and Sciences may not be used to purchase alcoholic beverages.
7. Scheduling, licensing with OLCC, and other considerations determine how much time is necessary for planning. No proposal will be considered that is submitted less than two weeks prior to the planned event, as the licensing process with the State of Oregon and the City of Portland requires 10 days notice.
8. Special dispenser’s permits for the service of beer and/or wine cost $10 (each type of beverage) and require 10 working days lead time for OLCC to process the application.
9. If registration is denied, the reasons for the denial will be provided in writing upon request.
10. Advertising may not include a reference to the availability of alcoholic beverages, and alcohol may not be the focus of an activity.
11. Advertised events involving the distribution of alcoholic beverages must be approved before publicity is distributed.
12. Non-alcoholic drinks (excluding mixers) must be made available in quantity and prominence or accessibility at least equal to that of the alcoholic beverages to be served.
13. Food in sufficient quantity must be available for the number of guests anticipated whenever alcoholic beverages are to be served. Event planners must consult with the Dean of Students/designate, Dean of the Graduate School of Education and Counseling, or the Associate Dean of the Law School to determine whether the quantities of food under consideration will be sufficient.

Quantity of Beverages
One ounce of alcohol is the equivalent of three ounces of wine, or nine ounces of beer. Guidelines for purchase and distribution: One ounce of alcohol per hour for each person.

Event Location
Consumption of alcohol will be confined to the designated public place that has been reserved and approved for the function. If the space is outdoors, the area where alcohol is to be consumed must be clearly marked (by fence or rope), with monitored entrances/exits.

Any change in location requires filing an amended registration form.

Lewis & Clark prohibits persons from carrying open containers outside of approved areas.

Checking Identification
The sponsor of the function must provide or pay for an OLCC “approved” person to dispense or tend drinks. Both the sponsor and server are responsible for checking proof of legal age for anyone who wishes to drink alcoholic beverages. When in doubt, do not serve.

All members of the Lewis & Clark community and their guests possessing alcoholic beverages must be prepared to show legal proof of age on request from event sponsors, OLCC servers, and Lewis & Clark officials.

Event Monitoring and Other Sponsor Responsibilities
A copy of the approved registration form (and, if applicable, the OLCC special events permit) must be posted in a readily visible place (i.e., in close proximity to the place where alcohol is likely to be present) at all registered events for the duration of the event.

The sponsor is responsible for monitoring all exits and entrances during the function.

Registered events must have designated non-drinking individuals to assist party registrants in complying with the alcohol policy and these requirements.

The organizers/sponsors of any on-campus gathering where alcohol is to be distributed are responsible for assuring compliance with this policy. Campus Safety will render assistance if necessary.

Confiscation of Alcoholic Beverages
If alcohol is being consumed by, or is in the possession of event attendees who cannot provide proof of legal age, or when it is being distributed to those under legal age, representatives of the sponsoring organization must take appropriate action, which must include confiscation of alcoholic beverages or discontinuance of service.

Role of Campus Safety
Campus Safety officers may confiscate alcohol from (a) an individual who cannot provide proof of legal age, (b) any persons who are distributing alcohol to any persons who cannot provide proof of legal age, and (c) any persons who are intoxicated, or (d) any persons who are distributing alcohol to any intoxicated persons.

Campus Safety officers or other authorized Lewis & Clark staff members may terminate the event if they determine that the event does not adhere to these regulations.

Event Clean-up/Damages
The area used for an activity at which alcohol is served or consumed must be cleaned by users immediately following the activity unless an alternative written arrangement has been made. This includes removal of all alcohol from public areas. The sponsoring organization is responsible for damages and cleaning expenses.

Note: For further information on this policy and the procedures described, please consult with the Dean of Students at the College of Arts and Sciences, the Dean of the Graduate School of Education and Counseling, or the Dean of Northwestern College of Law.

 Arson

Attempting, committing or aiding the intentional commission of an act which results in a fire being ignited which causes damage, or is intended to cause damage, to the property of Lewis & Clark, to the property of another student, or to personal property is prohibited.

 Classroom Disruption

Disruptive class behavior is unacceptable. Disruptive class behavior is behavior which, in the judgment of the instructor, impedes other students’ opportunity to learn and which directly and significantly interferes with class objectives. Should such behavior occur, the instructor will request the student to leave class and will refer the matter to the appropriate department chair. Permission to return to class will be granted only after the student meets with the department chair and signs a contract agreeing to appropriate ameliorative action. If the disruptive behavior continues, the instructor may direct the Registrar to drop the student from the course. Students wishing to appeal an administrative drop for class disruption may do so by following the Appeal Review Process outlined in the Academic Policies section of this handbook. In such cases, students will continue to be barred from class until the appeal review committee renders its decision. Instructors are encouraged to refer to this policy in syllabi and to establish clear classroom behavior expectations. This policy may not be used to inhibit legitimate classroom dissent or discussion with the course instructor or other students.

 Directives

Failure to comply with requests or directions of Lewis & Clark officials (faculty, administrative and Campus Living staff, community standards officers), or law enforcement officers acting in performance of their duties is prohibited. Includes failure to identify oneself properly to these persons when requested to do so and reasonable requests for students to meet appointments in administrative or faculty offices and at disciplinary investigations and hearings.

 Disorderly Conduct

Loud, aggressive, or other behavior which disrupts or obstructs the orderly functioning of Lewis & Clark or disturbs the peace and/or comfort of person(s) on campus, on Lewis & Clark-owned or controlled property, or at Lewis & Clark-sponsored or supervised functions is prohibited.

 Drugs

Use, possession, cultivation, manufacture, promotion, sale, and/or distribution of narcotics or other controlled substances, including sharing with friends, except as expressly permitted by law, is prohibited. Drug-related paraphernalia or any other items containing illegal residue are prohibited on campus and will be confiscated and destroyed. Use and/or possession of prescription drugs prescribed to another is also a violation of this policy (also see Alcohol and Other Drugs Policy).

 Emergency Equipment and Procedures

Tampering with, damage of, or intentional misuse of emergency devices or blocking of fire exits or other means of impeding traffic is prohibited. Use of fire escapes, ground level fire doors, fire hoses and extinguishers, and alarm equipment in non-emergency situations is prohibited. Failure to comply with fire drill procedures or emergency building evacuation is prohibited.

 False Information

Furnishing false information to any Lewis & Clark official, faculty member, administrative office, or conduct body is prohibited.

 False Reports

Intentionally initiating or causing to be initiated any false report, warning or threat of fire, explosion or other emergency on Lewis & Clark premises or at Lewis & Clark-sponsored activities is prohibited.

 Falsification of Records

Falsification of Lewis & Clark records, including but not limited to admission, registration, financial aid, student disciplinary, academic, health records, parking tickets, and student employment records is prohibited.

 Fireworks

Fireworks are illegal and their possession or use is prohibited on campus.

 Forgery

Forgery, alteration, or misuse of any document, record, or instrument of identification is prohibited.

 Fraud

Any act to defraud Lewis & Clark or member of the community is prohibited.

 Graffiti

Intentionally defacing public and/or private property is prohibited and is defined as a crime (criminal mischief) under Oregon statute. Lewis & Clark will minimize damage to buildings and grounds by adhering to a procedure which provides for the timely removal of graffiti on interior and exterior surfaces by Facilities Services personnel. Lewis & Clark community members are encouraged to immediately report locations of observed graffiti to Lewis & Clark officials

 Hate and Bias Motivated Incidents

Lewis & Clark appreciates the complexity of defining language and actions that are not acceptable in a community which values freedom of expression. All members of the Lewis & Clark community must be free to hold views that others may find distressing or offensive. However, freedom of expression does not include the right to intentionally and maliciously aggravate, intimidate, ridicule, or humiliate another person.

Lewis & Clark has a comprehensive Discrimination and Harassment Policy (printed in this handbook) which articulates our commitment to combat racism, sexism, homophobia, and other forms of bias. To further clarify the types of language and behavior that are unacceptable, the U.S. Department of Justice’s definitions and examples are offered:

“A hate crime can be generally defined as a crime which in whole or part is motivated by the offender’s bias toward the victim’s status. A hate incident is an action in which a person is made aware that her/his status is offensive to another, but does not rise to the level of a crime.

“Hate crimes are intended to hurt and intimidate individuals because they are perceived to be different with respect to their race, color, religion, national origin, sexual orientation, gender, or disability. The purveyors of hate use physical violence, verbal threats of violence, vandalism, and in some cases weapons to instill fear in their victims, leaving them vulnerable to subsequent attacks and feeling alienated, helpless, suspicious, and fearful. These acts of hatred can leave lasting emotional impressions upon their victims as well as entire communities.

“Federal and state reporting requirements vary in the definitions and victim categories for hate crimes. The FBI Uniform Crime Reporting Program (28 USC §534), Campus Security Act (20 USC §1092), state, and local hate crimes legislation list specific crimes which are identifiable as a hate crime, including murder, manslaughter, robbery, aggravated assault, burglary, motor vehicle theft, arson, forcible and non-forcible sex offenses, intimidation, destruction, damage or vandalism of property in which the victim is intentionally selected because of the actual or perceived race, gender, religion, sexual orientation, ethnicity, or disability of the victim.

“When they do not fall into one of the listed criminal categories, hate offenses are referred to as bias-motivated incidents. These incidents may include cases of minor harassment, verbal slurs, etc.”

Hate- and bias-related incidents are demeaning to all members of the campus community and subvert the mission of Lewis & Clark. Any hate- or bias-motivated act is unacceptable and will not be tolerated.

 Hazing

Any act which endangers the mental or physical health or safety of a student, or which 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 is prohibited.

 Interference

Intentionally interfering with the freedom of expression of others on Lewis & Clark’s premises or at Lewis & Clark-sponsored activities is prohibited.

Interference with College Investigations
Interfering with administrative procedures, or disciplinary proceedings, such as those conducted by the Office of Campus Safety and the Dean of the Graduate School of Education and Counseling or designate is prohibited.

Interference with community standards
Verbal or physical threats and/or intimidation of a member of a conduct body and/or a witness in a disciplinary proceeding prior to, during, and/or after a conduct proceeding is prohibited. Influencing or attempting to influence another person to commit an abuse of community standards is prohibited. Attempting to influence the impartiality of a member of a conduct body prior to, and/or during the course of, the conduct proceeding is prohibited.

 Keys

Unauthorized possession, duplication, or use of keys to any Lewis & Clark premises is prohibited.

 Littering

Throwing, discarding, placing, or depositing litter in Lewis & Clark buildings or on campus grounds, except in receptacles provided for such purposes, is prohibited.

 Noise

Activities inconsistent with posted quiet hours in residence halls and academic buildings or which violate City of Portland noise ordinances is prohibited.

 Obstruction

Obstruction of the free flow of pedestrian or vehicular traffic on Lewis & Clark premises or at Lewis & Clark-sponsored or supervised functions is prohibited.

 Property Damage/Destruction

Intentionally destroying or damaging or intending to destroy or damage the property of others on Lewis & Clark’s premises or at Lewis & Clark-sponsored activities is prohibited. This includes the projection or dropping of any object or material which could cause injury or damage to persons or property.

 Public Laws

Violation of federal, state, or local law on Lewis & Clark’s premises or at Lewis & Clark- sponsored or supervised activities is prohibited.

 Religious Holiday Observance and Student Absence

Lewis & Clark students of all faiths are encouraged to observe important religious holidays within their own tradition. However, Lewis & Clark recognizes that on some occasions schedule conflicts can arise which may result in a student missing classes, exams, registration or other required academic activities.

The following guidelines are provided to all students who wish to miss a required academic activity in order to observe a religious holiday:

A. Class or exam absences are primarily a matter between the individual instructor and student. While LC faculty members are encouraged to show flexibility when dealing with students who are committed to observing religious holidays, it is entirely up to the student to communicate this need to the instructor and to make appropriate arrangements.

The student is responsible for notifying the instructor ahead of time that she/he will be absent because of the religious holiday. At that time the instructor may suggest any make-up work the student may need to do as a result of the absence.

B. When scheduling conflicts arise between registration and a religious holiday, the student should notify the registrar directly and the registrar will make alternative arrangements with the student. It is the student’s responsibility to give the registrar adequate notification (no less than one week) in order to make alternative arrangements.

C. The Dean of the Chapel will make available to faculty, staff and students a list of significant religious holidays at the beginning of each year. Students are encouraged to contact the Dean of the Chapel if they have any questions about religious holiday observance and these guidelines.

 Skateboarding

Skateboarding is permitted on the Lewis & Clark Fir Acres campus in specific locations by Lewis & Clark students only, with the understanding that skateboard activities will occur only on cement areas (not on wood, asphalt, cobble, or other surfaces), and that these activities will be restricted to hours which do not conflict with the normal class schedule.

Lewis & Clark skateboarders will primarily use the cement area in front of Pamplin Sports Center and will limit skateboarding activities to late afternoon hours (after 4 p.m.) and on weekends. Skateboarders will not use this area during scheduled athletic events and will be responsive to requests from Lewis & Clark officials to cease their activities should their recreation become problematic in a particular area.

The skateboarders will assist Campus Safety officers in communicating to non-students that skateboarding on the Lewis & Clark campus is restricted to current Lewis & Clark students. Campus Safety will enforce this policy and continue to work with LC student skateboarders to insure that the sport remains safe, not only for participants but also for pedestrians who may be in the area.

Lewis & Clark strongly recommends that skateboarders use appropriate safety equipment including helmets, knee pads and elbow pads as necessary. Lewis & Clark supports this recreational activity by members of the Lewis & Clark community when these activities can be done safely and when skateboarders respect the multiple use of designated areas.

Skateboarders are also encouraged to utilize other designated skateboard areas within the Portland community and through club-organized and ASLC-sponsored activities, both on their own and in concert with other organized club sports.

 Smoking

I. Rationale

Lewis & Clark College takes seriously its obligation to provide a safe, healthy environment for all community members and guests. The institution acknowledges and supports the findings of the Surgeon General that tobacco use in any form, active and/or passive, is a significant health hazard. The institution further accepts that environmental tobacco smoke has been classified as a Class-A carcinogen, and that there is no safe level of exposure to environmental tobacco smoke.

II. Policy

The Oregon Smokefree Workplace Law informs the institution in its response to the public health threat of tobacco smoke. With this in mind, and to support the health of our community, Lewis & Clark restricts smoking to only those designated smoking areas located throughout campus. Individuals (including guests) are not permitted to smoke in any other area of campus, including in college buildings, in private vehicles on College property, on sidewalks, in parking lots, in recreational areas, and in other outdoor areas. This policy applies to all events on Lewis & Clark property. Smoking is also prohibited in college vehicles.

1. Smoking includes the inhaling, exhaling, and burning of any product, including, but not limited to, tobacco cigarettes, clove cigarettes, herbal cigarettes, cigars, pipe tobacco, and hookah shisha. Smoking of illegal drugs is governed by the Alcohol and Drugs policy.
2. Individuals using designated smoking areas must extinguish smoking materials before exiting the area. Smoking materials must be disposed of properly. Improper disposal includes littering and any behavior which creates a fire hazard.

3. Individuals may request an exemption from this policy related to cultural or religious ceremonies or events. All such exemptions must be approved in writing in advance by the Associate Dean of Students/Director of Multicultural Affairs, however appropriate school-specific contacts will have the opportunity to provide counsel in this process. Application forms for such exemptions may be obtained from this office.

III. Compliance

1. All community members are encouraged to support the community by assisting in the enforcement of this policy. Assistance can include providing education and verbal warnings.
2. When individuals have made it readily apparent, through repeated violations and/or repeated failure to heed requests, that they are not open to complying with this policy, community members may contact Campus Safety for assistance. In situations where Campus Safety has been involved, officers will have discretion  as to how to enforce the policy, and should consider the totality of the circumstance in which a violation occurs. Officers may issue citations to violators.
3. Compliance with Lewis & Clark policies and regulations is considered a standard part of job performance for all employees. Repeated failure by employees of the College to abide by these policies and procedures should be addressed through discussion between the employee and his or her immediate supervisor (e.g., clarifying this policy, outlining available resources and helping the employee to develop a strategy for compliance) and, if necessary, disciplinary action.
4. If a violation of these rules is committed by a Lewis & Clark student or employee, a citation may be issued. Citations will be associated with a $25 fine. Fines will be posted to the offender’s student or employee account in Student and Departmental Account Services. A fine which is dismissed through the appeals process will be reversed from the individual’s account.

IV. Appeals

1. Persons cited for violating this policy may submit a written appeal to the Smoking Fine Appeals Team within one week of the citation.  After a brief adjudicative procedure, the appeals team (consisting of the Director of Campus Safety, one other employee, and a student) may sustain, dismiss, suspend, or reduce the fine.    Appeal forms are available online and in the Campus Safety Office. 

 Solicitation

Individuals who are not employees are not permitted to distribute literature or printed materials of any kind, sell merchandise, solicit financial contributions for any other cause or conduct any activity on Lewis & Clark property that is not specifically authorized and directly related to Lewis & Clark business.

 Technology Resources, Responsible Use of

Policy Statement
Lewis & Clark provides the campus community with technology resources for the purposes of teaching, learning, scholarly research and administrative tasks. Available resources include, but are not limited to, software, hardware (including telephones, computers, and media equipment) either owned or leased by Lewis & Clark, and the expertise of staff in Information Technology and other institutional offices. The following policy applies both to users of Lewis & Clark equipment and to owners of personal equipment that is connected to the data or telecommunications infrastructure of Lewis & Clark.

The use of technology resources provided by Lewis & Clark for purposes other than teaching, learning, scholarly research, and the institution’s administrative functions may be terminated if it interferes in any way with those primary endeavors.

Many of Lewis & Clark’s technology resources are shared with the entire campus community. Individuals using those resources should be considerate of the needs of others and do nothing to impede others’ use of the same. Examples of such impediments include, but are not limited to:

• Activities that obstruct usage or deny access to others
• Activities that compromise privacy
• Activities that could be considered harassing
• Activities that could be considered libelous
• Attempting to “hack” into any computer either at Lewis & Clark or elsewhere
• Activities that violate copyright laws
• Activities that violateLewis & Clark policies and procedures
• Destruction or alteration of data or information belonging to others
• Activities that violate local, state, or federal laws
• Unauthorized use of computer accounts
• Impersonating other individuals
• Creating, using or distributing virus programs or programs that attempt to explore or exploit network security and/or other vulnerabilities
• Attempts to capture or crack passwords or break encryption protocols
• Allowing anyone else to use one’s account(s)
• Extensive use of resources for private or personal use
• Use of Lewis & Clark-owned technology resources for personal gain
• Use of Peer-to-Peer (P2P such as KaZaA, Grokster, etc.) software to share files that hold a copyright (i.e. music, movies, games, software, etc.)

Identification
Individuals wishing to provide information on Lewis & Clark-supported information system—including, but not limited to the Campus Wide Information System (World Wide Web), USENET, and e-mail—or through connections to the institution’s data or telecommunications infrastructure must comply with the following requirements:

1. All information must contain either the name or electronic mail address of the person making the information available. Anonymous use of technology resources is not permitted. For example, in the case of active information such as e-mail, the FROM: field must contain the e-mail address of the person sending the mail. Passive information, such as that found on the WWW, must contain the e-mail address of the author, owner, or sponsor of that page at the bottom of the page.
2. All information must carry a date indicating when the information was made available. For information made available actively, as in the case of e-mail, the date would appear in the DATE: field. For passive information, as in the case of the WWW, the date would appear at the bottom of the page, preceded by an indication that this is the posting date.
3. Web space provided by Lewis & Clark and using its domain name (lclark.edu) and any other Lewis & Clark-owned technology resource must not be used for fund raising, advertising or running a for-profit or not-for-profit business.

The Information Technology Staff is dedicated to the implementation of new technologies and enhancement of existing ones in support of Lewis & Clark’s mission. It is not a monitoring agency. Nevertheless, files, e-mail messages and other information that use or are stored on Lewis & Clark-owned technology resources should not be considered private or secure. Such information may be subject to legal subpoenas, search warrants, or audits. In the course of maintenance, systems administrators are expected to treat information they encounter as confidential. If, however, they encounter information or files that suggest illegal activity, they are required to report such discoveries to the appropriate authorities. When electronic files are accessed or viewed by systems administrators, the owner will be notified except when a violation of law is suspected.

Engaging in any activity that violates this policy can result in an immediate loss of access privileges. If such activities also violate other Lewis & Clark policies, including the academic honor code, or local, state or federal laws, they may be reported to the appropriate campus office for resolution. Such cases may result in consequences as serious as suspension or dismissal from Lewis & Clark as well as prosecution by outside authorities.

With the evolving nature of resources and load, specific changes or additions to these policies may occur from time to time. These changes will be made available via the Responsible Use of Information Technology section of the Information Technology web site. It is the responsibility of each individual who uses the technology resources of Lewis & Clark to be familiar with and abide by all current operational policies.

The use of any technology resource of Lewis & Clark implies acceptance of ALL current operational policies.

Procedure
If you suspect any violations of this policy, please contact the Chief Technology Officer at 768-7020.

 Telephones, Authorized and Unauthorized Use

Lewis & Clark switchboard is attended by a PBX operator during normal working hours throughout the year. In addition, students also provide coverage evenings and weekends during the academic year. The law school has a separate switchboard, which may be reached from the upper campus by dialing “6” and then “0.” The law school switchboard is open from 8:30 a.m. to 5 p.m. weekdays.

 Theft

Attempted or actual theft and/or damage to Lewis & Clark property or property of students, other members of the Lewis & Clark community, or others legitimately using Lewis & Clark property is prohibited.

 Unauthorized Entry

Unauthorized entry into, or use of, Lewis & Clark premises or equipment, including unauthorized roof access, including the Tennis Bubble, is prohibited.

 Violent, Threatening, Coercive, or Abusive Conduct

Lewis & Clark is committed to maintaining a safe and healthy environment for all faculty, staff and students, and will not tolerate any form of violence, abusive behavior, intimidation, or coercion committed by or against any member of its community. All reports of violence or abusive behavior will be taken seriously by members of this campus community.

Violence and abusive behavior include any attempted, threatened, or actual conduct that endangers or is likely to endanger the health or safety of a campus community member or visitor, or any threatening statement, harassment, or behavior that gives a campus community member or visitor reasonable cause to believe that his or her health or safety is at risk. Accidents are not considered workplace violence or abusive behavior even though safety or property may be at risk or harmed. Also, reasonable discipline and counseling are not included under this policy even though an employee or student may take offense.

Examples of violence and abusive behavior violating this policy include but are not limited to the following:

• Slapping, punching or otherwise physically attacking a person.
• A direct or implied threat of harm or hostile behavior that creates a reasonable fear of injury to another person or unreasonably subjects another individual to emotional distress.
• Brandishing a weapon or an object, which appears to be a weapon in a threatening manner.
• Intimidating, threatening, or directing abusive language toward another person.
• Stalking.
• Intentionally damaging Lewis & Clark property or the property of a member of the Lewis & Clark community or a visitor.
• Committing acts motivated by, or related to racial or sexual harassment or domestic violence.

Procedure
Any individual who experiences or witnesses violence, threats of violence, or harassing behavior violating this policy or who has reason to suspect that these acts or behaviors are occurring should immediately notify a supervisor, Campus Safety Officer, or the Director of Human Resources.

Confidentiality will be maintained to the extent possible but it is not guaranteed. Retaliation or harassment against a person making a report in good faith will not be tolerated and may result in disciplinary action.

 Weapons on Campus

The presence of weapons on campus poses an unacceptable risk to the health and safety of all members and guests of the Lewis & Clark community. It is the policy of Lewis & Clark to prohibit illegal or unauthorized possession of weapons, explosives, or dangerous chemicals on Lewis & Clark’s premises. For the purposes of this policy, the definition of a weapon is:

• Any item or instrument described as a weapon in Oregon, Multnomah County, and/or the City of Portland statutes and ordinances;
• Any instrument, article, or substance which is specifically designed for and presently capable of causing death, incapacitation, or serious physical injury;
• Any item used to harass, threaten, intimidate, assault, or batter; and
• Any item Lewis & Clark deems dangerous.

This includes but is not limited to firearms, ammunition, paintball guns, airsoft guns, explosive devices (both incendiary and chemical), knives having a blade that swings into position by force of a spring or centrifugal force (commonly known as switchblades, any knives (other than pocket knives) with blades longer than three and one half inches, metal knuckles, straight razors, blackjacks, saps, sap gloves, koshes, bludgeons, martial arts stars, and weapons of the type commonly known as nunchukas. Anyone who observes someone on the Lewis & Clark campus violating this policy should immediately report the incident to the Campus Safety Office by dialing (503) 768-7777. The complainant should be prepared to provide the Campus Safety Office with any relevant information that caused them to observe the violation.

 Withdrawal of Student, Involuntary Administrative

A student may be subject to involuntary administrative withdrawal from Lewis & Clark if the student poses a danger of causing psychological or physical harm to self or others. A student may also be withdrawn for threatening or causing property damage or impeding lawful activities of others.

A student who is being administratively withdrawn will have an informal hearing before the Dean of the Graduate School of Education and Counseling or designate. A student may be asked to be evaluated by a psychologist or psychiatrist and the results of such an evaluation will be used as a basis for decision-making during the hearing. The student may be assisted by a family member, faculty member, mental health professional, or counsel. Whenever possible, relevant faculty members, students, Lewis & Clark mental health professionals, and other Lewis & Clark staff persons should attend the hearing. A hearing may be held without the student being present if he or she refuses or is unable to attend. The Dean or designate shall prepare a written decision and forward it to the student within five days of the hearing.

 

Other College-Wide Policies

 AIDS Policy

HIV (Human Immunodeficiency Virus) infection is potentially lethal, but to a greater extent preventable. In order to protect and inform individuals and the community as a whole, Lewis & Clark’s primary response and goal is to provide AIDS-related education to all community members. Support for the AIDS-related education process comes from the staffs of the Health Service, the Student Counseling Center, Student Success and Wellness, and academic advisors, all of whom are available to discuss concerns about HIV and AIDS (Acquired Immunodeficiency Syndrome).

Lewis & Clark’s AIDS policy is based on six fundamental points:

1. Even though they may not have symptoms, persons with HIV infection can transmit the virus to others through intimate sexual contact, exposure to blood, or birth.
2. Among people who choose to be sexually active, the consistent and conscientious use of condoms greatly reduces the chance of transmission of HIV through sexual intercourse.
3. The sharing of needles used in the injection of illicit drugs is an efficient way to transmit HIV. It is possible that needles used to inject steroids may transmit HIV as well.
4. Persons with documented HIV infection, and those with behavioral risk factors for HIV infection, should not donate blood, plasma, sperm, or other body organs or tissues.
5. People with HIV infection pose no risk of transmitting the virus to others through ordinary interpersonal contact.
6. It is possible that certain interventions and therapies may help limit the consequences of HIV infection among people already infected. People who know they have been infected may thus benefit from regular medical follow-up and immunologic evaluation.

Lewis & Clark will not consider the existence of any form of HIV infection when making decisions related to student admission or to hiring, advancement, promotion, or tenure, except as it affects the individual’s ability to perform his or her role.

Individuals with any form of HIV infection, whether symptomatic or not, are allowed regular access to campus dining facilities, theaters, snack bars, gymnasiums, swimming pools, saunas, recreational facilities, and other common areas. Individuals are allowed classroom attendance in an unrestricted manner as long as they are physically and mentally able to attend class.

People with AIDS (and possibly those with other manifestations of the HIV infection) are considered to have handicapping conditions. Lewis & Clark respects all legal rights of handicapped persons.

Lewis & Clark will not routinely ask employees to respond to questions about the existence of HIV infection. It is appropriate, however, for employees with HIV infection to inform Health Services to enable the institution to provide proper medical care, support, counsel, and education. Lewis & Clark does provide HIV testing services and pre-test and post-test counseling. Results are discussed only with the person requesting the test, and are strictly confidential.

All information a person provides to Health Services is strictly confidential. No specific or detailed information concerning complaints or diagnosis will be provided to any outside party without the express written consent of the employee. The number of people at Lewis & Clark who are aware of the existence and/or identity of community members with HIV infection will be kept to an absolute minimum.

Lewis & Clark follows the safety guidelines proposed by the United States Public Health Service for the handling of blood and body fluids of all persons, not just those previously known to have HIV infection.

 Animal Control Policy and Pets on Campus

Lewis & Clark has established policies regarding animals for two reasons: to preserve the safety of animals and people on campus, and to protect Lewis & Clark from liability in animal control incidents.

Inhumane or cruel treatment of animals on Lewis & Clark property is prohibited. Animals are not allowed in any campus building, with exception of guide or service dogs or by special permission of the Associate Dean of the Graduate School of Education and Counseling or Director of Student Support Services.

Pets may visit Lewis & Clark provided they are under the direct control of their owners at all times. Pets may not be tethered and unattended. Pets may not be brought into any of the buildings of Lewis & Clark without prior written permission. Pets may not be left in closed vehicles on campus.

Lewis & Clark allows Multnomah County animal control officers access to all College property to enforce animal control laws. Campus Safety officers are familiar with animal control laws and will educate Lewis & Clark’s community regarding these laws. Members of the community and visitors are expected to comply with Chapter 8.10 of the Multnomah County Code. These regulations include, but are not limited to, the animal owner’s responsibility:

• To ensure a pet is not vicious or a threat to the safety of the Lewis & Clark community.
• To be certain the animal does not bite any member of the Lewis & Clark community or a visitor to Lewis & Clark.
• To prevent the animal from obstructing campus activities including classes, scheduled events, or any other Lewis & Clark function.
• To be certain the animal does not enter any facility in which food is prepared or served.
• To keep the animal on a leash and under control while on the campus grounds.

When members of the Lewis & Clark community or visitors to Lewis & Clark are observed by Campus Safety officers to be in violation of this policy, the Campus Safety officer will write a report specifying the time and location of the behavior in violation.

 Business Operations

Establishing or conducting a private business utilizing Lewis & Clark-owned facilities or resources, including computing resources, is prohibited (also see Responsible Use of Technology Resources policy in this section).

 Closure, Institutional

Lewis & Clark will remain open unless conditions are so severe as to require closure. This policy applies to day, evening, weekday and Saturday classes of the College of Arts and Sciences, the law school, and the Graduate School of Education and Counseling. Individuals are advised to take all necessary precautions and to avoid dangerous conditions traveling to, from, and around the campus.

School Closure
All classes are canceled and all support services, other than those essential for resident students (i.e., dining hall, Watzek Library, etc.) are closed. Closure is the result of extended and/or potentially dangerous power outages or extremely hazardous on-campus and/or road conditions caused by heavy icing, downed trees and power lines, etc., or natural or human-caused disasters.

Late Opening
Lewis & Clark will open late if road or weather conditions are expected to improve in time for normal student and campus activities.

Afternoon
When conditions worsen during the course of a regular school day, the Provost or the designee will notify Campus Safety of the action to be taken. Campus Safety will then respond by contacting those people listed below.

When conditions improve considerably during the course of the day in which Lewis & Clark was closed at 6 a.m., scheduled events may take place in the evening. Decisions about evening shifts, classes and public events will be made no later than 4 p.m. by the Provost or the designee in conjunction with the Director of Campus Safety, Dean of the Law School, Dean of the Graduate School of Education and Counseling, Director of Watzek Library and the Housekeeping Supervisor.

Authorization
The Provost or designee makes all decisions about school closure for Lewis & Clark College.

Announcement Policy
To avoid confusion and inconsistent and unauthorized messages, the senior communications officer for public relations or backup, whether in early morning hours or during the day, will distribute all closure, cancellation, or late opening announcements.

Closure or late opening information announcements will be distributed to the SNOW-line, (503) 768-SNOW, voice mail, Lewis & Clark’s webpage, radio, television stations, and other media. Don’t rely exclusively on electronic media because it is susceptible, in rare cases, to fraud. View the full policy at http://www.lclark. edu/dept/hrpolicy/ closure.html.

Internet
Oregon Live: http://www.OregonLive. com

Newspapers
The Oregonian: Inside line (503) 225-5555
The Columbian: Information line (360) 699-6000

Radio Stations
All local news radio stations including:
KEX 1190 AM, KOPB 91.5 FM, KPAM 860 AM, and KXL 750 AM

Television Stations
Television Station KATU—Channel 2
Television Station KOIN —Channel 6
Television Station KGW—Channel 8
Television Station KPTV —Channel 12

The announcement will say “Lewis & Clark College” only and will apply uniformly to the law school, the graduate school, and the College of Arts and Sciences.

In the event of delayed opening, Lewis & Clark as appropriate will announce “opening delayed until 9:30 a.m.” or “morning classes canceled until 11:30 a.m.” or “evening classes will be held/canceled until 5 p.m.” Regularly scheduled classes that begin at or after these times will meet.

 Contracting

Entering into a formal contract on behalf of Lewis & Clark without proper authorization by Lewis & Clark is prohibited.

 Death of a Family Member

The death of a student’s family member or close friend should be reported to the Dean of the Graduate School of Education and Counseling and Dean of the Chapel. The Dean of the Chapel is available at ext. 7082 to assist and support the student and to help with any special arrangements that need to be made.

 Governance, Participation In

Students, faculty, staff, and administrators of Lewis & Clark play an essential role in campus governance. It is recognized that the legal authority of Lewis & Clark resides in the Board of Trustees. Participation by the community in institutional governance may include the following:

• The freedom of all constituents in the Lewis & Clark community to express their views on institutional policy.
• Fair and direct participation, through appropriate committees, in interests affecting the community.

 Identification Cards

All members of the Lewis & Clark community must possess a Lewis & Clark identification card on their person while they are on Lewis & Clark campus. This policy applies equally to staff, faculty and students. An identification card with current validation entitles the student to free or reduced admission to certain campus events, use of Pamplin Sports Center facilities, and use of the libraries. Current validation is also required to register at the beginning of each term.

Photos are taken in the Office of Campus Safety. Contact Campus Safety at x7855 for photo-taking hours.

All members of the Lewis & Clark community must present their ID upon request to Lewis & Clarkofficials. When ID Cards are lost or stolen, they must be reported to the Campus Safety Office. A $5 fee is charged to replace a lost card.

Making, possessing, or using any forged, altered, or falsified instrument of identification on campus premises, or at Lewis & Clark-sponsored activities is prohibited. Making, possessing, or using any forged, altered, or falsified Lewis & Clark document, on or off-campus is also prohibited.

 Student Organizations

Student organizations should consult with the Associate Dean of the Graduate School of Education and Counseling for information on Lewis & Clark’s policies regarding fund raising and donations before engaging in such activities (including contacting prospective donors or accepting donations).

Information about the graduate school’s Student Union Network can be found at their website: http://www.lclark. edu/org/gradsun.

 Transportation and Parking Regulations

Overview
Lewis & Clark has established these transportation and parking regulations to:

• Provide for the protection and safety of the Lewis & Clark community by ensuring emergency access to the campus and its buildings.
• Mitigate parking and traffic congestion in facilitating the Lewis & Clark’s pursuit of its academic mission and the life of the surrounding community.
• Comply with traffic reduction requirements mandated by the city of Portland and the Oregon Department of Environmental Quality.
• Organize vehicle parking and movement on the Lewis & Clark campus in an efficient, safe manner in accordance with the city of Portland’s conditional use requirements.

Permission to park or operate a motor vehicle on Lewis & Clark property is governed by these regulations, is a privilege granted by Lewis & Clark, and does not ensure the availability of a parking space.

Transportation & Parking Staff Authority: The Director of Transportation and Parking of Lewis & Clark oversees, promotes, develops, and coordinates the campus transportation and parking programs. Transportation & Parking staff and Campus Safety Officers are duly appointed representatives of Lewis & Clark. They are designated by Lewis & Clark to enforce all parking and traffic regulations on Lewis & Clark property, in the Collins View neighborhood, the Dunthorpe neighborhood, and all other areas near the campus that are impacted by parking generated by Lewis & Clark. No person without authorization from the Office of Transportation and Parking may place, remove, relocate, deface, or in any way change a sign, barricade, structure, marking, or direction placed for the purpose of regulating parking or traffic. Permission to make temporary or permanent changes of this nature must be obtained from the Director of Transportation and Parking. Lewis & Clark reserves the right to revise the transportation and parking regulations described herein and all associated schedules of fees, fines, and penalties.

Tri-Met Bus Passes: Lewis & Clark sells daily bus passes at the regular fee at the Student and Departmental Account Services Office, Campus Safety Office and the Law School Business Office. Lewis & Clark sells discounted monthly Tri-Met bus passes at the Student and Departmental Account Services Office, Campus Safety and the Law School Business Office only to students, faculty, and staff with the following stipulations:

• To qualify for a discounted Tri-Met bus pass students must be currently enrolled, faculty must be currently teaching or conducting daily research on the campus, and staff must be currently employed.
• Only one discounted monthly Tri-Met bus pass per month may be purchased by each qualified individual.
• Students, Faculty, and Staff are not permitted to purchase a discounted Tri-Met bus pass for use at any time by another person (including spouses, relatives, friends, and acquaintances).
• Students, Faculty, and Staff who purchase semester parking permits are not permitted to also purchase discounted Tri-Met bus passes.
• Carpool riders are not permitted to purchase discounted Tri-Met bus passes.

Parking Fees and Refunds: Lewis & Clark’s Board of Trustees approves a schedule of parking fees each year as part of the budget process.

Semester Parking Permits: Upon registration of vehicles, students may purchase semester permits at theStudent and Departmental Account Services Office located on the lower level of Templeton Student Center. A permit for both the fall and spring semesters may be purchased.

Payment Methods: Employees may purchase semester parking permits by authorizing monthly payroll deductions. Students must pay for their semester permits in full upon issue.

Daily Parking Passes: Students, Faculty, and Staff may purchase daily parking passes from the Campus Safety Office or the Student and Departmental Account Services Office.

Refunds: Students who have purchased a semester parking permit are entitled to a refund for the unused portion of the semester.

Operation of Vehicles

Service Areas: Building service areas are for maintenance, loading, and unloading only. Vehicle access to service areas is authorized only by display of a vendor parking permit. Students, staff, and faculty vehicles in service areas for loading and unloading must also display a vendor permit. Vendor permits are issued at the Campus Safety Office.

Speed: The campus speed limit for motor vehicles and bicycles is 15 miles per hour.

Pedestrian Right-of-Way: The operator of a motor vehicle, bicycle, or other vehicle must slow down or stop, if necessary, to yield the right-of-way to any pedestrian.

Overnight Parking of Occupied Vehicles: Overnight parking of occupied vehicles on the campus, including motor homes, campers, trucks, cars, etc., is not permitted. Short-term occupancy for special needs may be authorized through the Office of Transportation and Parking.

College-Owned Vehicles: Lewis & Clark-owned motor vehicles are allowed access to all campus service areas to carry out necessary functions. However, these vehicles may not park for nonessential reasons in fire lanes, service courts, or disabled parking areas even when they are carrying out necessary functions for Lewis & Clark. Lewis & Clark-owned vehicles must not block disabled persons’ access to sidewalks or buildings. Lewis & Clark-owned vehicles may not park on sidewalks or in front of building entrances except when necessary for maintenance purposes, or during loading or unloading. Vehicles must be moved immediately after maintenance, delivery, or loading is complete.

Parking of Vehicles

Valid parking permits are required to park on campus during the fall and spring semesters, Monday through Friday from 7 a.m. to 7 p.m. There is no charge for parking after 7 p.m. weekdays or anytime on weekends.

Parking permits are required on the South Campus and in the Law School staff parking area during summer sessions. During the summer sessions, parking permits are not required on the Fir Acres Campus, but “no parking” zones, loading zones, service courts, and all reserved parking spaces will be enforced throughout the year.

When a vehicle is found to be in violation of Lewis & Clark’s parking regulations, the permit holder or (in the absence of a valid permit) the vehicle’s registered owner is responsible for payment of associated parking violation fines.

Vehicle Registration: Vehicles owned and/or operated by students, faculty, or staff that will be parked at anytime on the campus or in adjacent neighborhoods must be registered with Lewis & Clark. Unregistered vehicles parked on the campus or in the neighborhood are subject to fines, immobilization (booting), and/or towing at the owner’s expense. Students, faculty, and staff must register their vehicles online at http://www.lclark. edu/dept/parking/ vehiclereg.html.

Designated and Assigned Parking Areas: Authorized parking areas on the Lewis & Clark campus are specifically designated by striping on the pavement except in the following locations:

• North Drive roadside (between the Lower Griswold and Fir Acres lots).
• Between the Templeton Student Center and the southeast driveway exit from the Fir Acres Campus.

Vehicles must be parked between the lines in striped parking spaces. All vehicles parked on an authorized roadside must be completely off the roadway and on the other side of any red lines designating fire lane clearance. Parking vehicles with tires on the red lines is prohibited.

Prohibited Campus Parking Areas: Parking is prohibited in the following areas:

• Where official signs are posted to prohibit or restrict parking.
• Within 10 feet of a fire hydrant.
• On service roads, service courts, and sidewalks.
• On landscaped areas and off-road pedestrian walkways.
• In areas not specifically marked for parking except for the North Road and lane from Templeton to the southeast driveway exit from the Fir Acres Campus.
• Along any red-painted curb or surface striping denoting a fire/emergency vehicle zone.
• In any moving traffic lane on campus roadways.
• The crosshatched areas adjacent to parking spaces reserved for the disabled.

Neighborhood Parking Prohibition: Students, faculty, and staff are not permitted to park on public streets in neighborhoods within the vicinity of Lewis & Clark. This neighborhood parking prohibition does not apply to residential street frontages of students, faculty, and staff who reside in the neighborhoods and provide proof of residence to the Transportation and Parking Office.

Fire Lanes: No vehicle other than a fire or emergency vehicle may obstruct a fire lane. Fire lanes are designated by signs, red painted curbs, or red lines painted on the pavement. No vehicle may be parked with its wheels or tires on or over the red lines.

Parking of Motorcycles, Motorized Bicycles and Motor Scooters: Parking of motorcycles, motorized bicycles, and motor scooters is permitted only in areas specifically designated by signs for motorcycle parking. Such vehicles are not permitted to park in other areas, such as pedestrian pathways or sidewalks, in or near buildings and their entrances, service courts, parking spaces for four-wheel motor vehicles, and areas designated for pedestrians. Otherwise, for the purpose of these regulations, motorcycles, motorized bicycles, and motor scooters are considered to be motor vehicles and are subject to all traffic and parking regulations of the Lewis & Clark.

Parking of Bicycles: All bicycles on campus must be parked and secured in bicycle racks or bicycle lockers at all times. Bicycles may not be attached or locked onto handrails, railings, signposts, or light posts. Bicycles may not be stored inside buildings unless specific bicycle storage areas have been designated.

Liability of the College: Lewis & Clark and its employees are not liable for any loss or damage to vehicles or contents of vehicles parked on Lewis & Clark property due to theft, fire, impoundment, or other causes.

Parking Permits

Display of Permits: To be valid, a parking permit or daily parking pass must be unexpired, authorized by the Transportation and Parking Office, and displayed according to these rules and regulations. During the fall and spring semesters, Monday through Friday from 7 a.m. to 7 p.m., all vehicles parked on campus must display a valid permit. During summer sessions, valid parking permits are required on the South Campus and the Law School staff parking area. An expired permit must be removed when replaced with a current permit. Failure to display a valid parking permit is a violation. There is no charge for parking after 7 p.m. on weekdays or anytime on weekends. The Lewis & Clark semester parking permit is designed for attachment to a vehicle’s rearview mirror. Daily parking passes are to be displayed so that they are readily visible on the dashboard on the driver’s side of the vehicle. Failure to properly display a semester parking permit or a daily parking pass is a violation.

Permit Cancellation, Denial, or Non-renewal: Lewis & Clark may revoke a parking permit or refuse to issue a parking permit without prior notice. Parking permits may be revoked, denied, or not renewed for nonpayment of parking fines, multiple violations, or obtaining a permit by false information.

Daily, Visitor, and Guest Permits: For those driving cars to campus on an occasional basis during the fall and spring semesters, Lewis & Clark offers the following parking permit options:

Student and Staff Daily Parking Passes: Students and staff may purchase daily parking passes from Campus Safety, the Student and Departmental Account Services Office, or from automated dispensing machines in the upper Griswold, lower Griswold, and Law School parking lots. Daily parking passes are valid for one day only. Daily passes must be visibly displayed on the driver’s side on the vehicle’s dashboard. First year undergraduate students are not permitted to purchase daily parking passes. License plate numbers of vehicles must be written in ink on daily parking passes purchased from electronic dispensing machines. It is a violation of this section to park a vehicle on the campus and display a daily parking pass without writing in the license number of the vehicle. Vehicles in violation of this regulation will be subject to citations and fines.

Visitor Parking Passes: All visitors, including alumni and others in personal vehicles, must purchase visitor permits at the Campus Safety Office. Individuals attending special events or conferences at Lewis & Clark during regulated hours are also required to purchase a visitor-parking permit. Sponsors of special events must contact the Office of Transportation and Parking if visitor permits are to be issued in advance. Visitor permits must be visibly displayed on the vehicle dashboard on the driver’s side. Students and staff are not allowed to use visitor parking spaces.

Guest Parking Passes: Guest of Lewis & Clark may park in specially designated reserved spaces near the Information Entrance Driveway from 8 a.m. and 5 p.m. Those eligible for guest passes include prospective students, parents of prospective students, parents of current students, job applicants, and other guests of Lewis & Clark. There is no charge for a guest-parking pass. Guest passes are issued by the Campus Safety Office. Students, faculty, and staff are not permitted to use guest parking passes.

Trustees: The Office of the President issues special parking permits to all trustees of Lewis & Clark.

Carpool Permits: Lewis & Clark encourages carpooling to reduce the number of single-occupancy vehicles on campus. Those who register for carpool permits with the Office of Transportation and Parking will pay discounted parking fees on campus and will be entitled to park in spaces reserved for carpools.

Carpool Definition: Two or more Lewis & Clark community members who are qualified under the carpool registration process with the Office of Transportation and Parking constitute a valid campus carpool. A carpool vehicle must display a valid carpool permit. Two or more people registered as part of a carpool must ride together to campus at least four days per week. No person shall be registered in more than one carpool. A carpool may receive up to five daily parking passes annually, at no additional fee, if a carpool member is absent due to medical reasons, vacation, or personal business.

Permit Procedures: One carpool permit will be issued to each carpool. All vehicles used by the carpool must be registered.

Multiple Vehicles: If persons registered in one carpool have the use of more than one vehicle, each of which is previously registered with the college, the permit may be used on either registered vehicle.

Changes in Carpool Status: It is mandatory that changes in carpool status be reported to the Office of Transportation and Parking. Changes in status include, but are not limited to changing residences, a change in carpool members, or a change of carpool vehicles.

Monitoring: Transportation and Parking staff monitor carpools. The Office of Transportation and Parking may suspend privileges for violation of carpool rules. The success of the carpooling program depends on the integrity of its participants. The Office of Transportation and Parking will protect the anonymity of persons reporting violations of carpool regulations. Any carpool permit holder found to be in violation of this section will be subject to parking citations with associated fines.

Disabled Persons’ Permits: Disabled parking spaces are provided in Lewis & Clark parking lots in accordance with the Americans with Disabilities Act (ADA). Parking spaces reserved for disabled persons shall be designated as reserved by signs showing the symbol of accessibility. Spaces for vans shall have an additional “Van-Accessible” sign mounted below the symbol of accessibility. Vehicles parking in disabled spaces must display official state issued disabled persons’ parking permits. Permission must be obtained from the Lewis & Clark ADA Coordinator to park, for reasons of physical disability, in any areas of the campus not designated for daily permit or disabled persons parking. Any visitors, students, faculty, or staff who park on the campus with a state issued disabled person’s parking permit must also obtain and display either a valid daily parking pass or a semester parking permit during hours of enforcement.

Staff Permit Parking: Staff permit parking areas are reserved by pavement markings and/or posted signs. Vehicles with staff permits may also park in unreserved parking spaces. Vehicles with staff permits are not permitted to park in service areas, loading zones, and spaces reserved for other uses.

Reserved Parking Permits: Parking spaces designated by signs for the President and selected officers of Lewis & Clark are reserved at all times.

Student Parking

Graduate Student Parking: Graduate students may park in any unreserved parking space on the campus if a valid parking permit is displayed in the vehicle.

Enforcement

Parking Violation Notices: When there is cause to believe that a violation of these regulations has occurred, the Transportation and Parking Office will issue a parking violation notice that lists the date, approximate time, location, nature of the violation, and fine amount. The parking violation notice may be served by affixing a copy to the vehicle involved, including any vehicle parked in the public right-of-way but in violation of Lewis & Clark parking rules, or by delivering or mailing a copy to the alleged violator at his or her campus mailing address.

Responsibility for Illegal Parking: The permit holder, or in the absence of a valid permit, the registered owner of the vehicle, is responsible for any parking violations of that vehicle and for all offenses other than moving violations under these regulations. If another person was using the vehicle at the time of the violation, either the permit holder or the registered owner will be held responsible for the violation.

Penalty Payment and Appeal Procedure: Parking fines will automatically be charged by the Student and Departmental Account Services Office to the college accounts of students, faculty, and staff.

• A parking violation notice may be appealed online within 10 days of receiving the citation on the Transportation and Parking Web site.
• If the alleged violator does not appeal the notice of violation within 10 days, the fine will remain as charged on the college account of the violator and the right to appeal will expire.
• If the parking citation is appealed and the violation is upheld, the fine will remain as charged to the individual’s college account. If the appeal is upheld, the fine will be reversed.

Appeals Hearing Officer: The Office of Transportation and Parking uses an outside arbitration service to adjudicate parking citation appeals. The hearing officer is authorized to uphold the appeal, deny the appeal, suspend the fine, or reduce the fine.

Impoundment

Immobilization or Impoundment After Due Warning: Any vehicle parked on Lewis & Clark property may be subject to immobilization (booting) or impoundment for cause after notification, as specified in these regulations. Lewis & Clark and its officers, employees, and agents are not liable for any loss or damage of any kind resulting from impoundment or booting.

The following sequence of enforcement procedures may be taken if vehicles receive four or more consecutive parking violation notices within a single semester or summer sessions:

• Upon receiving a fourth parking violation a warning may be placed on the vehicle giving notice that it will be immobilized (booted) the next time it is in violation.
• Upon receiving a fifth consecutive parking citation the vehicle may be booted and a notice may be placed on the vehicle giving notice that it will be towed at the owner’s expense if another citation is received.
• Upon receiving a sixth consecutive parking citation the vehicle may be towed at the owner’s expense.
• Upon receiving a seventh violation notice or more the vehicle may be booted or towed.

A vehicle that remains immobilized for more than 24 hours may be towed at the owner/operator’s expense.

Impoundment Without Prior Notice: A vehicle may be impounded at the owner’s expense without notice if it is parked in the following areas:

• Designated disabled parking space without a valid disabled parking permit.
• Driveway, moving lane, entrance, exit, or fire hydrant, no-parking area, tow-away zone, landscaped area, or fire zone.
• Area restricted for Lewis & Clark activities.
• Campus service court or loading zone without a vendor’s permit.
• Area temporarily posted as “No Parking” zone for the purpose of construction or maintenance.
• Reserved space.

Parking Violation Fines

For the current list of violations of campus parking regulations with associated fines please visit the Transportation and Parking Web site at http://www.lclark. edu/dept/parking.

 Visiting Privileges

Students assume responsibility for conduct of their visitors. If a visitor is asked to leave a specific area of campus, it is the responsibility of the student host to cooperate with the Lewis & Clark official making the request.

Lewis & Clark may exclude all visitors from campus in times of impending or actual crises or emergencies, and may exclude any visitors from any area of the campus for any reason Lewis & Clark deems appropriate.

A person who has been suspended or dismissed from Lewis & Clark for disciplinary reasons, or whose record prohibits admission without special clearance, does not have visiting privileges on Lewis & Clark’s campus. Violators of this policy may jeopardize their readmission status and/or may be subject to legal or disciplinary action.