Administrative Policies And Procedures

Lamar State College-Orange recognizes its commitment to the emotional and physical well being of its students, faculty, and staff. There is increasing concern, interest and, anxiety about the effects of secondary tobacco smoke on individuals exposed to it and the dangers associated with tobacco smoking. Lamar State College-Orange acknowledges the seriousness of this problem and recognizes its obligation to promote public health on this campus by protecting its students, faculty, and staff from hazardous conditions that are within the College's ability to regulate.

The following regulations have been adopted by Lamar State College-Orange:

1. ALL campus buildings are designated “smoke-free” with the exception of the “smoker’s pavilion” and outside areas away from doorways and steps. Included in this designation are all instructional facilities; faculty, staff, and administrative offices; and student services areas.

2. Each building coordinator, with the approval of the President, shall, if an appropriate area exists, designate a smoking area(s). There shall be posted at the entrance of every building on the campus a sign stating “This is a non-smoking facility except in designated areas.” There will be no ashtrays in non-smoking areas or in any buildings.

3. The use of smokeless tobacco, including snuff and chewing tobacco, is prohibited on campus.

4. The sale of tobacco products on campus is prohibited.

5. Smoking is prohibited in those campus-owned vehicles that are available for general use.

6. As used in this policy, the term “smoking” shall include all of the following:

a. Carrying or holding a lighted pipe, cigar, cigarette, or any other lighted smoking equipment or device;
b. Lighting a pipe, cigar, cigarette, or any other smoking equipment or device;
c. Emitting or exhaling the smoke of a pipe, cigar, cigarette, or any other smoking equipment or device.

7. This non-smoking policy applies to college facilities used by off-campus groups as well as college groups.

8. The terms of this policy will be distributed to all current employees and made available to all prospective employees prior to hiring. The terms of this policy will be distributed to all current students and published in all future editions of the Lamar State College-Orange Catalog.

Acquired Immune Deficiency syndrome (AIDS) is a fatal disease which has become a nationwide public health problem.

Lamar State College-Orange acknowledges the seriousness of this problem. In health related matters such as this, the college follows the guidelines of recognized authorities including the National Center for Disease Control, the United States Public Health Service, the Texas Department of Health, and American College Health association. Further, the College shall conform its actions to the Texas Communicable Disease Prevention and Control Act and other law.

There is no current evidence that individuals infected with Human Immunodeficiency Virus (HIV), the "AIDS Virus," can infect other individuals by casual contact. Accordingly, there is no reason to exclude individuals with the Acquired Immunodeficiency Syndrome (AIDS), AIDS-Related Complex (ARC) or a positive test for antibody to HIV virus from campus academic, social, or cultural activities. Therefore, on the basis of current knowledge of the disease, individuals sharing common living space, work or study areas, libraries, classrooms, recreational facilities, and theaters do not represent a problem or public threat to the campus community.

Students and employees of the College who may become infected with the AIDS virus will not be excluded from enrollment or employment, or restricted in their access to College services or facilities, unless medically-based judgments in individual cases establish that exclusion or restriction is necessary to the welfare of the individual or of other members of the campus community.

When circumstances arise that require review, the President will seek the advice of the attending physician, knowledgeable medical personnel, and other relevant parties. An opportunity will be provided for any person involved to discuss his or her circumstances. A College Health Committee will be appointed to review the issues and provide recommendations to the President for resolution.

In the event of public inquiry concerning College policy, programs, problems, or statistics related to AIDS on campus, the President will serve as the official spokesperson for the College and will enlist the cooperation of the Coordinator of Pubic Information as necessary to prepare an appropriate response. All inquiries from the press, elected public officials, or the public in general will be referred to the spokesperson. The medical records of individuals shall remain confidential, but public information shall be disclosed upon request in accordance with the Texas Open Records Act, the Family Education Rights and Privacy Act, and the Texas Communicable Disease Prevention and Control Act. General information and national statistics considered public knowledge are not subject to restriction.

In the event an individual is identified with AIDS, ARC, or a positive test for HIV antibody, appropriate existing College resources for emotional, educational, social, and medical support will be made available to all concerned individuals.

Persons who know, or have reasonable basis for believing, that they are infected with the AIDS virus are expected to seek expert advice about their health circumstances and are obligated, ethically, legally, to conduct themselves responsibly in accordance with knowledge for the protection of other members of the College community.

The College shall carefully observe the safety guidelines established by the U.S. Public Health Services for the handling of blood and other body fluids and secretions, both in all health care facilities maintained on the campus and in other institutional contexts in which such fluids or secretions may be encountered (e.g. cleaning, teaching and experimental laboratories).

PURPOSE OF POLICIES

These policies and procedures have been developed to ensure the proper use of Lamar State College-Orange (LSC-O) computing, postal and communications resources. These resources include digital data and information, computer hardware and software, postal services and telecommunications systems, including the Internet. LSC-O is committed to: (1) providing faculty, staff, and students with the computer hardware and software necessary to perform their respective job tasks and instructional assignments; (2) protecting its network resources; (3) maintaining compliance with the U. S. copyright laws and software license agreements and (4) discouraging copyright infringement.

For the purposes of this publication, the term “user” refers to any employee or student of LSC-O as well as any other individual accessing College computing and communications resources. Each user is granted non-commercial use of the computing and communications facilities and services of the College according to rules that may be posted at those facilities, and to the terms described in this publication.

Users shall be aware that there are a number of local, state, and federal laws affecting computer use and that certain related or additional regulations are necessary to protect the interest of other users and owners of information. Therefore, in order to insure the ethical, efficient, effective, and lawful use of computer hardware, software, networks and systems, including the Internet, the following policies have been adopted. Users who illegally duplicate software and/or its documentation, violate the policies of this publication, or otherwise fail to comply with the College’s third party software license agreements, will be subject to disciplinary action up to and including termination of employment or expulsion from school.

APPLICATION OF POLICIES

These policies apply to any and all forms of access and use of the computing, postal and communications resources owned, operated, and controlled by LSC-O. These policies do not supersede or limit any state or federal laws, nor any other Texas State University System or Lamar State College-Orange policies regarding confidentiality, information dissemination, or standards of conduct.

Users are required to be familiar and comply with other LSC-O policies, Texas State University System Rules and Regulations, and state and federal laws concerning appropriate use of computers.

The use of the College’s computing, postal and communications facilities are a privilege, not a right. The privilege may be revoked at any time when such revocation is in the best interests of the College, its students, faculty, staff, and the public at-large. Abuse of the privilege may result in appropriate disciplinary action by the College and/or legal action by the appropriate authorities. (See CONSEQUENCE OF POLICY VIOLATION section)

The ethical and legal standards that are to be maintained by these policies are derived directly from standards of common sense and common decency that apply to the use of any public resource within the College.

Each user of the College's computing facilities are also required to review, be familiar with, and adhere to the Information Resources Security Manual and the Institutional Procedures Manual for Information Resources.

COMPUTING FACILITIES USE POLICIES

Overview:

The computing facilities at LSC-O are provided for the support of the programs of the College. All users are responsible for seeing that these facilities are used solely for the transaction of College business in an effective, efficient, ethical, and lawful manner.

Lamar State College-Orange strives to provide computer users with access to technology in such a way as to provide an equitable sharing of limited resources, and reserves the right to allocate and restrict access to computing resources for the benefit and protection of the College.

Description:

The following policies govern the use of all LSC-O computing facilities. Any use of these facilities in any way other than those stated below will be considered in violation of College policy.

Policies:

1. Users shall be accountable for using computing facilities in an effective, ethical, and lawful manner.

2. Users must not use LSC-O’s computer systems, including any of its communications facilities and services, in any way which deliberately diminishes or interferes with the reasonable and confidential use of those systems for College business by others, or which is intended to do the same. LSC-O retains the right to access and remove immediately any data or files evidencing any such misuse.

3. The Computer Center Department must approve all access to the College’s central computer systems. Department heads must approve all access to computer systems under their direct control.

4. Account access information assigned to an individual for use of the central computers or departmental systems is not to be given to another individual. The individual assigned an account is responsible for all activity for which that account is used. Use of another person’s account is not only a violation of College policy, it is a violation of State law.

5. Users are expected to abide by the security restrictions on all systems and information to which they have access.

6. Programs and files are confidential, and may only be accessed by those persons authorized to do so.

7. Be sensitive to the inherent limitations of shared network resources. No computer security system can prevent a determined person from gaining unauthorized access to stored information. Good judgment dictates the creation of electronic documents that, should they become available to the public, will not bring embarrassment or liability to the College or its constituencies.

8. Use of College computing facilities to create, display, modify, or transmit files that are abusive, harassing, threatening, indecent, or illegal is expressly prohibited.

9. Material that might be considered indecent, abusive, harassing, or threatening may be accessed, activated, and viewed only insofar as those materials and resources are required to perform legitimate job functions. However, caution must be exercised to avoid displaying the material in any way that might interfere with the performance of other employees or that creates an intimidating, hostile, or offensive workplace or academic environment.

10. Illegal material may not be used to perform any legitimate job function and therefore may not be accessed, viewed, or stored on College computing facilities.

11. Users are expected to promote efficient use of network resources consistent with the instructional, research, public service and administrative goals of the College. Users must display consideration for others and refrain from engaging in any use that would interfere with their work or disrupt the intended use that would interfere with their work or disrupt the intended use of network resources. Wasteful and disruptive practices such as sending chain letters, broadcast messages or unwanted material are specifically prohibited.

12. Conduct that involves the use of computing or communications resources to violate a College policy or regulation, or to violate another’s rights, is a serious abuse and can result in limitation of privileges and lead to appropriate disciplinary action.

Password Policy

1. Minimum password length is 8 characters.

2. Previous 24 passwords are remembered and ineligible for use.

3. Passwords expire every 90 days.

4. Passwords are case sensitive.

5. Passwords cannot match any part of the LSC-O network username.

6. Passwords cannot match any part of the user full name.

7. Passwords must contain 3 out of 4 characters:

a. At least 1 uppercase character

b. At least 1 lowercase character

c. At least 1 numeric character

d. At least 1 character such as: !@#$%^&*()-_+='"{}[]|\`~

SECURITY AND PRIVACY POLICY

The college employs various measures to protect the security of its computing resources and of their users' accounts. Users should be aware, however, that the college cannot guarantee such security. Users should therefore engage in "safe computing" practices by establishing appropriate access restrictions for their accounts, guarding their passwords, and changing them regularly.

Users should also be aware that their uses of College computer resources are not completely private. While the college does not routinely monitor individual usage of its computing resources, the normal operation and maintenance of the College's computing resources require the backup and caching of data and communications, the logging of activity, the monitoring of general usage patterns, and other such activities that are necessary for the provision of service. The college may also specifically monitor the activity and accounts of individual users of College computing resources, including individual login sessions and communications, without notice, when:

• The user has voluntarily made them accessible to the public, as by posting to Usenet or a web page

• It reasonably appears necessary to do so to protect the integrity, security, or functionality of College or other computing resources or to protect the College from liability

• There is reasonable cause to believe that the user has violated, or is violating, this policy

• An account appears to be engaged in unusual or unusually excessive activity, as indicated by the monitoring or general activity and usage patterns

• It is otherwise required or permitted by law.

The College, at its discretion, may disclose the results of any such general or individual monitoring, including the contents and records of individual communications, to appropriate College personnel and/or state or federal law enforcement agencies and may use those results in appropriate College disciplinary proceedings or in litigation.

SOFTWARE USE POLICIES

Overview:

The software applications at LSC-O are provided for the support of the programs of the College. All users are responsible for seeing that these software applications are used in an effective, efficient, ethical, and lawful manner.

Neither licensed software, nor College-developed software, shall be copied except as specifically stipulated in license agreements or in the Texas State University System Rules and Regulations. All software protected by copyright shall not be copied except as specifically stipulated by the owner of the copyright.

Description:

The following policies govern the use of all LSC-O software applications. Any use of these software applications in any way other than those stated below will be considered in violation of College policy.

Policies:

1. Permission is granted to users for the use of licensed software according to the regulations set forth herein by LSC-O for the use of such software. The use of such software is governed by the terms of licensing agreements between the College and the software licensors, and the user must read and abide by the terms of those agreements.

2. Computer software shall be used in strict accordance to its licensing agreement. By way of example only, such agreements may prohibit the copying of software from one computer to another or the making of unauthorized copies to install on computers not owned or controlled by the College.

3. Most software is proprietary and may therefore be subject to copyright or patent restrictions as defined in the license agreements.

4. Users may make only one backup copy of the software for archival purposes. If the underlying license is discontinued, this copy must be destroyed. Otherwise, users must not copy, disclose, transfer, or remove any proprietary programs from the media on which the software resides.

5. Users must not use LSC-O equipment or software to violate the terms of any software license agreement. Information on specific software licenses on all public computer systems can be obtained from the Computer Center Department.

6. Software for which the College holds the license may not be copied or removed from a College-owned computer and placed on another College-owned computer or any computer owned by any other person or entity.

7. The College must own or hold the license for any software loaded onto a College-owned computer.

8. The Computer Center Department reserves the right to audit any personal computer on College property—regardless of whether or not the equipment is owned, operated, or controlled by the College—at any time for unauthorized software.

9. These rules also govern shareware and freeware programs that can be obtained from Internet access. All programs coming from Internet sources must be approved for use and be installed by the Computer Center Department.

10. All software should be scanned for viruses before use.

11. Standardized Internet access software such as browsers, graphics converters, etc. shall be provided by the Computer Center Department. These programs will have been tested and found to be virus free.

12. Software loaded on College-owned computers must support the mission of the College and should have the primary purpose of assisting the user to perform legitimate job functions.

13. The Computer Center Department shall load all software on all equipment for which it has direct responsibility. The Computer Center Department shall not support any software that it did not install and shall not install software that it feels it cannot adequately support.

14. LSC-O software applications shall not be used to create, modify, access, view, display, or activate files, information, or materials that are offensive, indecent, or illegal.

15. Manuals, and other copyrighted materials, shall not be copied without specific, written permission of the publisher.

16. Each manufacturer includes a license agreement package with its software that details any restrictions on its use. Users must comply with the vendor’s license provisions regarding the use of the software, even though the individual user has not personally signed the license agreement. License agreements differ among the various software vendors and some may grant additional rights, such as allowing use on a portable or home computer. The College shall hold each user responsible for reading, understanding, and complying with provisions of the license agreement for each software package.

INTERNET USE POLICIES

Overview:

The computing environment of LSC-O is characterized by a diverse and widely distributed set of computer systems and networks. A campus-wide network links these systems. The increasing importance of shared information across computer networks has changed not only the way information resources are used, but the individuals who use them as well.

The Internet has become a powerful tool in higher education. The question is not if, but when every faculty and staff member will be using the campus computer network. LSC-O maintains a connection to the Internet in support of the mission of the College. The College, as an institution of higher education, encourages the use of the Internet in an open, accessible, and academically free manner to support the teaching, research, and outreach missions of the College.

Description:

Users must be aware that all Internet usage, including source and destination, can be recorded and stored. Users have no right to privacy with regard to Internet use. The Administration has the ability and right to view users’ usage patterns to take action to assure that College Internet resources are devoted to maintaining the highest levels of productivity.

Policies:

1 . All network resources will be monitored to insure that College business activities are not impaired.

2. The LSC-O Web Committee and its designees shall establish standards and coding of departmental pages or documents for the World Wide Web (WWW) servers owned and operated by the College.

3. Web pages authored by faculty and staff will be placed on college web servers by the Computer Center Department once they meet the requirements of federal and state laws, as well as TSUS and College rules and policies. Standards will be established and followed for web pages authored by faculty and staff members; however, web page authors are still responsible for content.

4. Using the College’s Internet connection to access information, images, or other materials that violate any federal laws, state laws, Texas State University System rules, or Lamar State College-Orange policies is strictly prohibited.

5. Using the College’s Internet connection to access other computer systems in violation of state or federal law is strictly prohibited.

6. Using the College’s Internet connection to access other computer systems in violation of the policies of the entity that owns those systems is strictly prohibited.

7. Material that might be considered abusive, indecent, harassing, or threatening may be accessed, activated, and viewed only insofar as those materials and resources are required to perform legitimate job functions. However, caution must be exercised to avoid displaying the material in any way that might interfere with the performance of other employees or that creates an abusive, intimidating, harassing, hostile, or threatening workplace or academic environment.

8. Illegal material may not be used to perform any legitimate job function and therefore may not be accessed, viewed, or stored on College computing facilities.

ELECTRONIC MESSAGING POLICIES

Description:

Responsible users of electronic messaging applications are expected to act in accordance with the following policies based on common sense, common decency, and civility applied to the networked computing environment.

Policies:

1. Information that is sent as electronic messages should meet the same standards for distribution or display as if they were tangible documents or instruments. Users must be clearly and accurately identified in all electronic communications. Concealing or misrepresenting a name or affiliation in order to be dissociated from responsibility for actions taken is never appropriate. Alteration of the source of electronic messages or postings is unethical and possibly illegal.

2. Electronic messaging facilities are for College-related activities only.

3. All electronic messaging files belong to someone. Aside from the College’s right of access, they should be assumed to be private and confidential unless the owner has explicitly made them available to others.

4. LSC-O cannot guarantee the privacy or confidentiality of electronic documents or communications.

5. Users must respect the rights of others and must not send, post, or broadcast abusive, threatening, illegal, indecent or harassing materials. While debate on controversial issues is inevitable and essential, bear in mind that it is the user’s responsibility to do so in a way that actually advances the cause of learning and mutual understanding.

6. Electronic messaging and other network resources may not be used for commercial purposes or for personal financial gain. This does not preclude the use of electronic messaging in the investigation and support of vendors’ products, such as the discussion of a product’s relative advantages and disadvantages by users of the product, the distribution of information or technical support materials by request or vendor responses to questions about their products, as long as the responses are not in the nature of a solicitation.

7. The same standards of conduct expected of users regarding the use of telephones, libraries, and other College resources apply to the use of electronic messaging. Users will be held no less accountable for actions in situations involving electronic messaging than when dealing with other media.

8. Any communication where the meaning of the message, or its transmission or distribution, would be illegal, unethical, or irresponsible is to be avoided.

TELEPHONE SYSTEM USE POLICIES

Overview:

Lamar State College-Orange telephone facilities are intended to support the academic mission and the administrative functions of the College. The policy states the principles regarding the use of the telephone system.

Lamar State College-Orange telephone facilities include any telephone, or voice communication device including the Voice Mail System.

Policies:

The following principles apply to all LSC-O staff, students, faculty, and other users of the LSC-O telephone facilities:

1. Users are accountable for using these facilities in an effective, ethical, and lawful manner.

2. Users should only use those facilities for which they have authorization, whether these facilities are at LSC-O or at any other facility, which is accessible through the telephone network.

3. Users are to take all reasonable steps to protect the privacy of others as well as the integrity of LSC-O. Users shall not share with others pin numbers, passwords, or any other authorization, which has been assigned to them.

4. Telephone system resources should be used for business purposes only, except in case of emergency. All long distance calls not specifically for business purposes should be charged to the user’s personal account or reimbursed based on distributed telephone billing reports.

5. All outgoing calls are tracked by a Call Detail Reporting system. This reporting system has the capability to produce reports as requested by College Administrators.

6. The LSC-O telephone bills are reviewed for repeat numbers and calls of excessive length. It is to the discretion of the Coordinator of Information Resources to research telephone numbers to determine if they are business related.

7. Pin numbers are assigned to users for long distance calling privileges, following a written request by the immediate supervisor.

8. Incoming telephone calls should not be transferred to any off-site telephone number

Maintenance, monitoring, and reporting of these principles resides with the Coordinator of Information Resources. Any violation of the Policy may result in disciplinary action in accordance with College policies. (See CONSEQUENCES OF POLICY VIOLATION section)

POSTAL SERVICES USE POLICIES

Overview:

Lamar State College-Orange postal services and facilities are intended to support the academic mission and the administrative functions of the College. The policy states the principles regarding the use of the postal services.

Lamar State College-Orange postal services and facilities include any USPS service and internal mailbox facilities.

Policies:

The following policies apply to all LSC-O staff, students, faculty, and other users of the LSC-O postal facilities:

1. Postal resources should be used for business purposes only. Use of LSC-O mailing address for delivery of personal mail is prohibited.

2. All materials delivered to mailroom for internal distribution should contain an individual’s complete name.

3. All materials delivered to mailroom to be metered for postage and mailed through USPS should be labeled properly. The return address should include the department name. This information is necessary for mail that is returned to LSC-O.

4. All bulk mailings require a minimum of three (3) days within mailroom for packaging, traying and delivery to Post Office.

5. All bulk mailings that are date sensitive require at least an eight (8) business day lead time. This will allow three (3) days for mailroom processing and five (5) days for USPS processing. Notify mailroom personnel if material is date sensitive.

6 . Outgoing mail is stamped and mailed within one day, Monday through Thursday, provided that mail is received in mailroom prior to LSC-O courier’s afternoon pickup. The only pickup for mail on Friday is the routine pickup by USPS personnel. If an article is required to be mailed following all standard pickups, it is the responsibility of the department to see that stamped article is delivered to Post Office.

CONSEQUENCES OF POLICY VIOLATION

A user’s privileges relating to computing, postal and communications resources may be suspended or restricted immediately upon the discovery of a violation of these policies. Removal of the suspension or restriction will be by appeal to the President, Divisional Vice President or Coordinator of Information Resources. Continued or major violations of these policies may result in LSCO exercising its right to deny future privileges. In addition, any user found in violation may also be subject to further disciplinary action by the College, including termination of employment or suspension from school, as well as legal action under state and federal laws, and legal action by the owners and licensors of proprietary software for violation of copyright laws and license agreements.

SOFTWARE SELECTION, BUDGETING, AND ACQUISITION

The Coordinator of Information Resources must approve all software and hardware purchases. The Computer Center Department will conduct all quotes for bids and prices. Each division, department, and office should consult with the Computer Center Department when preparing its annual budget for assistance in developing its requests for funds for hardware and software acquisitions.

COMPUTER AND SOFTWARE USE-USER EDUCATION

The use of the College’s computing and communications facilities is a privilege, not a right. The privilege may be revoked at any time when such revocation is in the best interests of the College, its students, faculty, staff, and the public at-large. Abuse of the privilege may result in appropriate disciplinary action by the College and/or legal action by the appropriate authorities. In order to prevent violations of the law or College policies by users, to preserve a collegial environment, and to promote the largest amount of usage possible, the College will conduct annual training sessions for its employees on legal and ethical trends, issues, and responsibilities. Failure to attend these sessions may result in the loss of information resource use privileges.

WHISTLE BLOWING

An agency may not suspend or terminate the employment of, or otherwise discriminate against, a public employee who reports a violation of the law to the appropriate law enforcement authority if the employee’s report is made in good faith. A public employee who alleges a violation of this provision may sue for injunctive relief, actual and punitive damages, court costs, and reasonable attorney’s fees. Also, an employee whose employment is wrongfully suspended or terminated is entitled to reinstatement to his or her former position, compensation of lost wages, and reinstatement of lost fringe benefits and seniority rights. If an employee decides to sue, he or she must have initiated the grievance and have exhausted the appeal procedures no later than 90 days after the alleged violation occurred or was discovered by the employee.

(Texas Government Code, Chapter 554)

Texas Public Information Act

The Texas Public Information Act, effective June 14, 1973. Its broad purpose is to provide the public access and information about the affairs of government and the official acts of public officials and employees. The Act makes public agency files available to the public with some exceptions. For example, a former employee or official of a governmental body may choose whether to allow public access to information in the custody of the government body that relates to the person’s: (1) home address, (2) home telephone number, (3) social security number, or (4) information that reveals whether the person has family members. Effective September 1, 1995, the employee, official or former employee must declare this information as confidential or the information will be subject to public access.

Lamar State College-Orange employees make the election whether or not to have this information remain confidential when the Personnel Event Form is completed. Should the employee wish to change his/her election, a new Personnel Event Form must be completed.

Requests for public information must be in writing and provided to the requester (or sent, within 10 calendar days to the Attorney General for a ruling as to whether or not the request must be honored). Student educational records, certain audit documents, high-level policy memoranda, and employee records (disclosure of which would constitute a clearly unwarranted invasion of privacy) are generally exempt from disclosure.

(Texas Government Code, Chapter 552)

SEXUAL HARASSMENT POLICY

It is the policy of Lamar State College-Orange that no employee, student, or contractor of the College may sexually harass another person. Any employee, student, or contractor will be subject to disciplinary action up to and including dismissal for a violation of this policy. Rules and Regulations, the Texas State University System, VII-8.0. Lamar State College-Orange shall distribute the policy on Sexual Harassment to all employees on an annual basis.

Lamar State College-Orange strives to provide an educational and working environment for its students, faculty, and staff free of intimidation and harassment. Sexual harassment is sex discrimination and is, therefore, a violation of the 1964 Civil Rights Act.

Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal or physical conduct of a sexual nature when: 1) submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic career; 2) submission to or rejection of such conduct by an individual is used as the basis for employment or academic decisions affecting the individual; 3) such conduct has the purpose or effect of unreasonably interfering with an individual’s performance or creating an intimidating, hostile, or offensive employment or academic environment; 4) submission to or rejection of such conduct by a student is used as a basis for evaluating such student’s academic performance; or 5) such conduct has the purpose of unreasonably interfering with a student’s academic or extracurricular activity or creating an intimidating, hostile, or offensive environment.

In determining whether alleged conduct constitutes sexual harassment, Lamar State College-Orange shall construe any act or omission within the totality of circumstance, such as the nature of the conduct and the context in which the alleged incidents occurred. Lamar State College-Orange will take immediate corrective actions if prohibited conduct occurs. The direct supervisor will be responsible for continued monitoring of the circumstances surrounding the complaint to assure the situation has been remedied.

Lamar State College-Orange may not dismiss a complaint once registered with the appropriate authority until the case has been resolved. The College may take appropriate disciplinary action for any sexual harassment occurring in the employment or academic environment even in the absence of an individual complaint. Disciplinary action may consist of action up to and including termination of employment or, in the case of a student, dismissal from the College. If disciplinary action is imposed for engaging in sexual harassment, the individual may invoke the applicable due process procedures.

To the fullest extent practicable, Lamar State College-Orange shall keep complaints of sexual harassment and the terms of their resolution confidential.

Any employee or student who thinks he/she is the victim of sexual harassment should clearly communicate to the offender that the behavior is unwelcome and must cease immediately. If the behavior continues, the victim should lodge a complaint against the offender. A complaint may be filed with the appropriate resource person.

Informal Complaint

All complaints are considered informal until they are filed in writing. The steps for seeking an informal resolution are as follows:

the offended individual should report the incident(s) to the Vice President for Academic Affairs if the complaint is against a faculty member, the Dean of Student Services if the complaint is against a student, or the appropriate Division head if the complaint is against a staff member. Complaints against the employee’s direct supervisor may be filed with any other of the above officials. Any employee contacted about an alleged sexual harassment incident is required to then notify the Human Resources Director

the college official will work with the complainant to determine the extent of the alleged sexual harassment

the evidence presented will be reviewed to determine if there is cause to believe that a sexual harassment violation occurred

if in the judgment of the college official a violation did not occur, the complainant will be so advised and given a verbal explanation of why the incident(s) described does not constitute sexual harassment

if the complainant does not agree with this decision, the complainant will be given the opportunity to file a formal written complaint

if the college official has cause to believe sexual harassment did occur, the complainant will be given the option of filing a formal complaint or pursuing an informal resolution

if the complainant chooses to pursue the informal resolution, the college official will notify the person being charged that an informal complaint has been filed against him/her and the complainant wishes to seek an informal resolution to the problem. The charged party will be given an opportunity to confirm or rebut the charge. The college official will then meet with both parties together or independently and try to reach a mutually agreeable resolution.

if a resolution is not achieved, the charging party will be given the opportunity to file a written formal complaint

the College may elect to pursue the charge even if the complainant does not elect to proceed.

Formal Complaint

To be considered a formal complaint; the complaint must be submitted to the appropriate college official in writing within ninety (90) days of the most recent incident and must include the resolution being sought. Complaints filed against a faculty member should be directed to the Vice President for Academic Affairs, complaints against a staff member should be directed to the appropriate Division head; and complaints against a student should be directed to the Dean of Student Services. Complaints against the employee’s direct supervisor may be filed with any other of the above College officials. Any employee contacted about a complaint of sexual harassment should immediately contact the Human Resources Director. Appeals must be filed within five (5) working days of receiving an answer and each step should be completed within ten (10) working days.

Step One

the college official will review the written complaint with the charging party

if the college official does not feel there is cause to believe that sexual harassment occurred, he/she will so advise the complainant in writing stating the reason(s) for the decision

if the college official thinks there is cause to believe that sexual harassment did occur, he will notify the charged party that he/she has been formally charged with sexual harassment and give him/her a copy of the written charge. The accused party will be given the opportunity to confirm or rebut the charge in writing.

the college official will then meet with both parties either together or separately and try to reach a mutually agreeable resolution

Step Two

if a solution is not reached in Step one, the college official and the Human Resources Director will meet with both parties, either together or separately, to review both sides of the issue

the college official and the Human Resources Director will then mutually agree on a resolution which will be communicated in writing to both parties

both parties will be instructed by the Human Resources Director to comply with the terms of the resolution

Step Three

the decision may be appealed by either party to the President by submitting a written statement to the Human Resources Director. The appeal must include the basis for the appeal and the remedy sought.

the President will take whatever action he feels appropriate to resolve the complaint. The President’s decision is final and binding.

If a complaint, whether informal or formal, is filed against a college official or the Human Resources Director, the functions assigned to the person by these procedures will transfer to the President or his designee.

The complainant and the respondent both have the right to bring an advisor to the meeting. The advisor may not act as a participant, but may render consultation to the advisee. If either party chooses to exercise this option, he/she shall submit the name of the advisor in writing to the Human Resources Director at least forty-eight (48) hours prior to the meeting.

Retaliation or reprisal by the College or by any member of the College community against anyone who has articulated a concern about harassment, resisted harassment, participated or cooperated in a complaint investigation or hearing or filed a complaint alleging harassment is illegal. Such retaliation is also prohibited by this policy. Prohibited retaliatory conduct includes, but is not limited to changing work or class assignments, or otherwise interfering with work or school performance. Retaliatory conduct is grounds for appropriate disciplinary action, up to and including discharge or expulsion.

Lamar State College-Orange shall provide equal educational opportunities for all students and equal employment opportunities for all applicants and employees and otherwise foster an environment free of racial intimidation, humiliation, and harassment. Racial harassment, as defined herein, is expressly prohibited. Rules and Regulations, the Texas State University System, Section VII-7.0

“Racial Harassment” is defined as extreme or outrageous acts or communications that are intended to harass, intimidate, or humiliate students, faculty, staff or visitors on account of race, color, or national origin and that reasonably cause them to suffer severe emotional distress. It is a violation of this policy for any student, faculty, or staff member to engage in racial harassment of any person on campus or in connection with a campus-sponsored activity.

It is a violation for any student, faculty or staff member to use authority granted by state law, by system rule, or by college policy to deprive any person of his or her civil rights on campus or in connection with a college sponsored activity.

If a violation of this policy is committed on campus or in connection with a college-sponsored activity because of the race, color or national origin of any person harmed by such violation, the violator’s discriminatory purpose shall be treated as an aggravating factor for the purpose of determining the appropriate penalty.

Student, faculty and staff member offenders are subject to disciplinary action as appropriate under the circumstances up to and including dismissal for violation of this policy.

Any employee, student or visitor who thinks he/she is the victim of racial harassment should lodge a complaint against the offender. A complaint should be filed with the appropriate College official 1) the Vice President for Academic Affairs if it is against a faculty member 2) the appropriate Division head if it is against a staff member or 3) the Dean of Student Services if it is against a student. If the complaint is against one of the above officials, the complaint may be filed with any other of the above College officials. Any employee contacted about a complaint of racial harassment should immediately contact the Human Resources Director.

All complaints are considered informal until they are filed in writing. The steps for seeking an informal resolution are as follows:

the offended individual should report the incident(s) to the appropriate college official or the Human Resources Director

the college official will work with the complainant to determine what evidence exists for the charge of racial harassment

the evidence presented will be reviewed to determine if there is cause to believe a violation of racial harassment occurred

if in the judgment of the college official a violation did not occur, the complainant will be so advised and given a verbal explanation of why the incident(s) described does not constitute racial harassment

if the complainant does not agree with this decision, the complainant will be given the opportunity to file a formal written complaint

if the college official has cause to believe racial harassment did occur, the complainant will be given the opportunity to file a formal complaint or pursuing an informal resolution

if the complainant chooses to pursue the informal resolution, the college official will notify the person charged that an informal complaint has been filed against him/her and the complainant wishes to seek an informal resolution to the problem. The charged party will be given an opportunity to confirm or rebut the charge. The college official will then meet with both parties together or independently and try to reach a mutually agreeable resolution.

if a resolution is not achieved, the charging party will be given the opportunity to file a written formal complaint

the College may elect to pursue the charge even if the complainant does not elect to proceed.

To be considered a formal complaint; the complaint must be submitted to the appropriate college official in writing within ninety 90) days of the most recent incident and must include the resolution being sought. A complaint should be filed with 1) the Vice President for Academic Affairs if it is against a faculty member 2) the appropriate Division head if it is against a staff member or 3) the Dean of Student Services if it is against a student. If the complaint is against one of the above officials, the complaint may be filed with any of the above College officials. Any employee contacted about a complaint of racial harassment should immediately contact the Human Resources Director. Appeals must be filed within five (5) working days of receiving an answer and each step should be completed within ten (10) working days.

Step One

the college official will review the written complaint with the charging party

if the college official does not feel there is cause to believe that racial harassment occurred, he/she will so advise the complainant in writing stating the reason(s) for the decision

if the college official thinks there is cause to believe that racial harassment did occur, he/she will notify the charged party that he/she has been formally charged with racial harassment and give him/her a copy of the written charge. The accused party will be given the opportunity to confirm or rebut the charge in writing.

the college official will then meet with both parties either together or separately and try to reach a mutually agreeable resolution

Step Two

if a solution is not reached in Step One, the college official and the Human Resources Director will meet with both parties, either together or separately, to review both sides of the issue

the college official and the Human Resources Director will then mutually agree on a resolution which will be communicated in writing to both parties

both parties will be instructed by the Human Resources Director to comply with the terms of the resolution

Step Three

the decision may be appealed by either party to the President by submitting a written statement to the Human Resources Director. The appeal must include the basis for the appeal and the remedy sought.

the President will take whatever action he feels appropriate to resolve the complaint. The President’s decision is final and binding.

Lamar State College-Orange may take appropriate disciplinary action for any racial harassment occurring in the employment or academic environment even in the absence of an individual complaint. Disciplinary action may consist of action up to and including termination of employment or, in the case of a student, dismissal from the College. If disciplinary action is imposed, the accused shall have his/her full right to invoke applicable due process procedures.

If a complaint, whether informal or formal, is filed against a resource person or the Human Resources Director, the functions assigned to the person by these procedures will transfer to the President or his designee.

The complainant and the respondent both have the right to bring an advisor to the meeting. The advisor may not act as a participant, but may render consultation to the advisee. If either party chooses to exercise this option, he/she shall submit the name of the advisor in writing to the Human Resources Director at least forty-eight (48) hours prior to the meeting.

Under no circumstances will Lamar State College-Orange knowingly sanction or permit retaliation against an individual in any way as a result of seeking relief under this policy.

It is a violation of the Texas State University System Rules and Regulations to possess, carry or otherwise cause a handgun--licensed or otherwise, concealed or otherwise--to be brought on the premises of a System component. “Premises of a System component” as used in this section means a structure and the land, including appurtenances, on which the structure is situated, over which this Board has ownership or control. Specifically, this includes, but is not limited to, System campuses, the System Administrative Office, leased facilities or other facilities when a System or campus function, event, or activity takes or is taking place. This prohibition shall not apply to academic programs or to college sponsored or approved events in which the college explicitly authorizes the use of handguns. Nor shall it be a violation of this rule to transport firearms and/or handguns for registration with and storage by the college public safety office.

Any employee receiving funds to pay for specialized training (costing in excess of $500) will be required to sign an agreement to reimburse Lamar State College-Orange for all the costs of training if the person resigns within twelve months of the date of the specialized training.

The employee must also agree that all materials obtained during the specialized training is the property of the College. The employee will be held accountable for the materials at the time of termination.

Training Reimbursement Agreement forms must be submitted along with the Request to Travel at College Expense. Forms will be available from departmental secretaries.

The 77th Legislature stated its intent that state agencies and institutions of higher education should use Internet-based training to the extent available and appropriate.

Lamar State College-Orange expects all employees to practice good personal hygiene, use good judgment in their choice of personal grooming techniques, and to dress in a manner that is both professional and suited to their specific job responsibilities. Departments/divisions may define specific dress requirements that are appropriate for an employee’s job duties and/or working environment.

In addition, a personal interest should be taken in seeing that work areas are kept in a neat and orderly fashion. Employees should be mindful of the fact that Lamar State College-Orange is a public institution and that appearance is a reflection on the college.

All employees of Lamar State College-Orange are also employees of the State of Texas. Employees are expected to conduct themselves in a manner that reflects credit both on the College and the State.

The potential for loss of lives as well as property should a fire occur on campus is of utmost concern. Lit candles, burning incense, and all other displays or applications of open flames or embers are strictly forbidden.

ADMINISTRATION OF COLLEGE KEYS

The President of Lamar State College-Orange is authorized by the Board of Regents of the Texas State University System to establish and administer regulations and procedures to provide for the security of campus buildings, equipment, and personnel. This includes the installation and maintenance of a key system and policies governing the use of that system. In accordance with this policy, the President has delegated the administration of the Key Control System to the Director of Campus Security.

DEFINITIONS

COLLEGE KEYS: Those keys which open buildings, interior doors and other locks in Lamar State College-Orange (LSCO) facilities, including all furniture and equipment.

CENTRAL KEY CONTROL FILE: Records maintained by Campus Security identifying keys by number and assignment. These files also include key/lock authorization requests and key issue record forms with signatures of personnel possessing campus keys. Confidentiality of this information will be maintained under the authority of the President.

KEY CONTROL METHODS: Methods used by Campus Security and Physical Plant to restrict access to facilities and equipment to those personnel who are properly authorized to use the facilities and/or equipment.

KEYING SYSTEM: Hardware (locks and keys) and pin/tumbler combinations used to control access.

BUILDING ACCESS

Exterior access to facilities is generally available to faculty, staff, and students from 7 a.m. to 10 p.m., Monday through Thursday, and from 7 a.m. to 5 p.m. on Fridays. Weekend hours vary according to class schedules. Employees may request building access keys for use after hours. Employees receiving building access keys must agree to follow entrance/exit procedures and sign a waiver of liability acknowledging the absence of campus security during after hour periods.

DUPLICATION OF KEYS

Duplication of keys by anyone other than the person designated by the Director of Campus Security is prohibited.

KEY CONTROL RESPONSIBILITIES

The Director of Campus Security, working in conjunction with the Director of Physical Plant, will create and administer a keying system and key control file.

The Director of Physical Plant will designate a key mechanic who will maintain all campus locks and manufacture keys as needed. No other person is authorized to install, alter, or remove locks without the approval of the President or the Director of Campus Security.

SUPERVISORY RESPONSIBILITY

Supervisors must review and approve all key requests originating in their department.

Supervisors must report to the Director of Campus Security any key holder who is terminating employment or transferring to a different position.

Supervisors must report any loss of keys to the Director of Campus Security.

RESPONSIBILITIES OF KEY HOLDERS

Key holders must complete and sign a key issue record upon receipt of any key.

Key holders must immediately report any loss of theft of a key to the Director of Campus Security.

Key holders are expected to be responsible for all keys issue to them and to carry the issued keys on their person. In an emergency, security or maintenance personnel may be asked to unlock doors, but it should be understood that unlocking doors is not the primary responsibility of either security or maintenance personnel.

Keys are issued for the use of the recipient only and should not be “loaned” to other parties. The key holder is responsible for the loss, theft, or misuse of a “loaned” key.

SPECIAL SECURITY KEYING AND KEYING CHANGES

Special security locks and keys for areas of special consideration may be permitted only upon approval from the President.

No individual may use a personal lock for space control, nor may locks be changed or re-keyed without prior approval from the President or the Director of Campus Security.

ELIGIBILITY FOR KEYS

Keys will be issued to all full-time employees who need regular access to specific work areas, equipment, and storage facilities. Key requests originate with supervisors and require approval from the Director of Campus Security and/or the President. Part-time employees are eligible to receive keys as needed.

Students and student employees are not eligible to receive keys unless the keys provide access to specific student activity or student organization offices. Keys can only be issued with the written approval of the Vice President for Student Services.

Employees needing short term access to a facility can request a temporary key assignment. Each request must indicate the need for the temporary key and the date it will be returned. Temporary keys must be returned to the Director of Campus Security on or before the indicated return date.

Master keys may be issued to employees only when authorized in writing by the President.

Eligibility to possess any LSCO key(s) may be terminated at any time.

LOST OR OTHERWISE UN-RETURNED KEYS

The President is authorized to require payment of a reasonable cost to the College for each key lost or not returned to the Director of Campus Security. The Department where the individual is (was) employed is responsible for the costs if the College is unable to secure payment by the individual.

Lost or unreturned keys (issued to single user): $10 per each key lost and $20 for every cylinder that is re-keyed.

Lost or unreturned keys (same key issued to multiple users): $10 per each key that must be replaced plus $20 for each cylinder that must be re-keyed.

Lost or unreturned master key (controls access to a portion of a building): $50 each plus $20 for each cylinder that must be re-keyed.

Lost or unreturned grand master key (controls access to entire building): cost of re-keying entire building.

Lost or unreturned great grand master (accesses all campus facilities): cost of re-keying entire campus.

Providers