Section 1500: Safety and Security

Purpose:
Many departments and offices maintain files, both electronic and paper, of personal, biographical, academic, health, financial, and admission records. These records may include personal billing information, Perkins loan records, student institutional loans, and personal correspondence with employees, students, and parents. The Information Security Policy outlines how Lake Region State College will respond to an incident covered by the campus’s policies to ensure compliance with Gramm-Leach-Bliley Act (GLB), Family Education Rights and Privacy Act (FERPA), Payment Card Industry security standards (PCI), Identity Theft Prevention Program (Red Flag). System and application security and internal control procedures provide an environment where risks are mitigated.

Events that jeopardize the security and privacy of institutional and personal data will occur, in spite of the most vigilant efforts to minimize their occurrence. The Information Security Response Team responds to and investigates major incidents related to misuse or abuse of Lake Region State College information and information technology resources, regardless of the campus or department involved. This includes computer and network security breaches and unauthorized disclosure or modification of institutional or personal information. The role of the Information Security Response team is to coordinate a consistent and effective response to such events. Each member of the campus community should be watchful and prepared to report incidents.
 
The campus network, information systems, and data are critical resources for accomplishing the mission of Lake Region State College. All campus users have an interest in the security of these resources and share in the responsibility for protecting them. Prompt and consistent reporting of and response to Information Security incidents protects and preserves the integrity, availability, and privacy of data and IT resources and helps the campus to comply with applicable law.

Scope of Policy:
This policy applies to all members of the Lake Region State College community.
The Information Security Response Team will be comprised of:

Department	Position
Administrative Services	Accounting Supervisor
Information Technology Services	Chief Information Officer
Student Affairs	Director of Financial Aid
Public Relations	Director of Marketing and Communications

Related Documents/Policies:

Gramm Leach Bliley Act	http://www.ftc.gov/privacy/privacyinitiatives/glbact.html
Lake Region State College Customer Information Safeguarding Program (Gramm Leach Bliley Act)	Lake Region State College Policies & Procedures Manual
Payment Card Industry Standards	https://www.pcisecuritystandards.org
Lake Region State College PCI (Payment Card Industry) Compliance Policy	Lake Region State College Policies & Procedures Manual
Lake Region State College Identity Theft Prevention Program (Red Flag)	Lake Region State College Policies & Procedures Manual
Family Education Rights and Privacy Act (FERPA)	http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html
"What To Do If Compromised" VISA US Fraud Investigation and Incident Management Procedures	https://usa.visa.com/dam/VCOM/download/merchants/cisp-what-to-do-if-compromised.pdf
SBHE Policy 1901.2 Computing Facilities
NDUS Procedure 1901.2

Related Documents/Policies:

Gramm Leach Bliley Act	http://www.ftc.gov/privacy/privacyinitiatives/glbact.html
Lake Region State College Customer Information Safeguarding Program (Gramm Leach Bliley Act)	Lake Region State College Policies & Procedures Manual
Payment Card Industry Standards (PCI)	https://www.pcisecuritystandards.org
Lake Region State College PCI (Payment Card Industry) Compliance Policy	Lake Region State College Policies & Procedures Manual
Lake Region State College Identity Theft Prevention Program (Red Flag)	Lake Region State College Policies & Procedures Manual
Family Education Rights and Privacy Act (FERPA)	http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html
"What To Do If Compromised" VISA USA Fraud Investigations and Incident Management Procedures	https://usa.visa.com/dam/VCOM/download/merchants/cisp-what-to-do-if-compromised.pdf
SBHE Policy 1901.2: Computing Facilities
NDUS Procedure 1901.2

Definitions:

Confidential Information	Confidential Information, further defined in the SBHE policy 1901.2 and NDUS Procedure 1901.2, is information that is not to be publicly disclosed. The disclosure, use, or destruction of Confidential Information can have adverse effects on Lake Region State College and possibly carry significant civil, fiscal or criminal liability.
Personal Identifying Information (PII)	Information that can be used to uniquely identify, contact, or locate a single person or can be used with other sources to uniquely identify a single individual.
Campus Information Technology Security Officer	Individual designated by the Institution to fill this role.
Data Custodian	The individual who has ultimate responsibility and ownership for a particular set of data (e.g. a department head, V.P., or President).
Merchant Bank	The Merchant Bank for Lake Region State College is the Bank of North Dakota.
Forensic Image	The process of making a duplicate of the computer system hard drive(s) using some form of hardware write protection, such as a hardware write blocker, to ensure no alterations are made to the original drive. There are two goals when making an image: Completeness (imaging all of the information) Accuracy (copying it all correctly)
Information Technology (IT) Incident	An activity or event that results in damage to, misuse of, or loss of an IT resource. Incidents include but are not limited to: Loss of a computing device (misplaced, stolen, vandalized) Detection of a malicious program, such as a virus, worm, Trojan horse, keystroke logger, rootkit, remote control bot, etc. Detection of unauthorized users, or users with unauthorized escalated privileges. Detection of a critical or widespread vulnerability or misconfiguration that might lead to a compromise affecting the confidentiality, integrity, or availability of university systems or data.
Major Incident	An IT incident which: Involves a device or system containing confidential data Threatens the business continuity of the college or department Affects multiple systems or servers Involves the violation of North Dakota state or U.S. federal law
Information Technology (IT) Resource	A computing asset provided by the College to further ITS’ mission. Examples include but are not limited to, network bandwidth, networking equipment, workstations, computer systems, SmartBoards, IVN equipment, data, databases, servers, and printers.

Principles:
In the event of an Information Security incident concerning the possible exposure or loss of confidential institutional or personal data, you must take immediate action to report the incident to the Information Security Response Team as soon as the incident is suspected.

Procedures:

1. Reporting incidents involving confidential data (as soon as the incident is suspected)
   
   1. Immediately call, no matter what time of the day or night or weekday or weekend or holiday until you get a human. Try in this order:
      
      1. Security Officer 701-662-1511
         Or 701-351-8547 (24x7)
         Or 701-662-8025 (after hours)
      2. Information Security Response Team at 701-662-1502 (during office hours)
         Or 701-351-3633 (after hours)
   2. Please also e-mail lrsc.helpdesk@lrsc.edu with details of the suspected exposure. Please do not simply leave a voicemail or send an e-mail - please ensure you reach a human because it is critical that we begin response procedures immediately.
2. Safeguarding the compromised computer (if a computer is part of the incident):
   
   1. Step away from the computer.
   2. Do not touch it, or take any other action until advised by the Campus Information Technology Security Officer.
   3. Do not attempt to login, or alter the compromised system.
   4. Do not power it off. These actions will delete forensic evidence that may be critical to your incident.
   5. Do not discuss the incident with any other parties until you are authorized. This is critical to ensure that only accurate information is disseminated, rather than suppositions or guesses as to what happened.
   6. Begin writing a detailed description to be shared with the Information Security Response Team: What made you suspect the incident, what you know happened thus far, information on the machine and the data affected and what actions have been taken so far.

The information Security Response Team is charged with the investigation and coordination of incidents where confidential institutional or personal data is suspected to have been exposed, and it has experienced forensic NDUS staff to assist.
 
When a Campus Information Technology Security Officer is notified, the Information Security Response Team will immediately be assembled to advise and assist in containing and limiting the exposure, investigating the attack, obtaining the appropriate approvals, and handling notification to the affected individuals and agencies. The incident still "belongs" to the department experiencing the exposure; the mission of the Information Security Response Team is to assist you.

Time is critical
Immediately containing and limiting the exposure is first priority. In certain situations, we must notify the NDUS Security Officer within two business days of becoming aware of the incident. In others, we must notify the Merchant Bank involved within one business day. Also, individuals involved in such incidents expect the expeditious notification to them so that they can monitor their accounts. The most common complaints after an incident are about how long it took the organization to contain the exposure and to send notifications. At Lake Region State College, our goal is to notify the individuals affected within one week of our becoming aware of the possible exposure.

3. Reporting other types of suspected incidents
   
   1. For non-emergency reports of information and information technology security or abuse incidents, send an email to lrsc.helpdesk@lrsc.edu or contact the ITS Department. If you are reporting an incident related to an email message you received do not delete the original email. It will be needed for the investigation.

Responsibilities:

All Employees	Classify information; any data not yet classified by the custodian shall be deemed Private. Report any IT or information security incidents to the Campus Information Technology Security Officer(s). Follow the procedures for safeguarding a compromised computer involving confidential information.
Data Custodian/Department	Work with the employee(s) to identify the scope of the incident, including users affected and the type of data compromised. Notification to the affected individuals in case of a major incident with guidance from the Information Security Response Team. Identify reasonably foreseeable internal/external risks to the security that could result in unauthorized disclosure or misuse of information. Take the lead in minimizing the risks with assistance from the Information Security Response team.
Information Security Response Team	In the case of major incidents, advise and assist in containing and limiting the exposure, investigating the attack, identifying the users involved, obtaining the appropriate approvals, and overseeing notification to the affected individuals and agencies which may include, but are not limited to, the Data Custodian, President, NDUS Security Officer and the Bank of North Dakota. Work with Data Custodian/Department to minimize risks. Design and implementation of the Information Security Education and Training program. Regularly monitoring and testing the sufficiency of any safeguards in place to control risks in the following areas: Employee management and training Information systems Managing system failures
Campus Information Technology Security Officer	Determine if the incident is a major or minor incident. In the case of a minor incident, work with ITS to contain the threat and restore the system. In case of a major incident work with the Information Security Response Team.

History

Administrative Council Approved 05/09
Administrative Council Approved 07/14/09
Administrative Council Approved 06/11/15

Policy Statement:
Lake Region State College allows departments to accept credit/debit cards for purchases of goods or services only in accordance with the procedures outlined in this document.

Purpose:
The College recognizes that accepting credit/debit cards as payment for goods or services has become a common practice that improves customer service, brings certain efficiencies to Lake Region State College's cash collection process, and may increase the sales volume of some types of transactions. In addition, the use of technology, such as the World Wide Web, provides easy access for many, and the use of credit cards is essential when sales are conducted electronically.

Scope of Policy:
This policy applies to all members of the Lake Region State College community.

Related Documents/Policies:

Gramm Leach Bliley Act	http://www.ftc.gov/privacy/privacyinitiatives/glbact.html
Lake Region State College Customer Information Safeguarding Program (Gramm Leach Bliley Act)	Lake Region State College Policies & Procedures Manual
Payment Card Industry Standards	https://www.pcisecuritystandards.org
Lake Region State College Information Security Response Policy	Lake Region State College Policies & Procedures Manual
Lake Region State College Identity Theft Prevention Program (Red Flag)	Lake Region State College Policies & Procedures Manual
"What To Do If Compromised" VISA US Fraud Investigation and Incident Management Procedures	https://usa.visa.com/dam/VCOM/download/merchants/cisp-what-to-do-if-compromised.pdf

 

Definitions:

Department	A Lake Region State College department that accepts credit cards to conduct business.
Gramm Leach Bliley Act	Key rules under the Act govern the collection and disclosure of customers' personal financial information.
Payment Card Industry Standards (PCI)	A multifaceted security standard that includes requirements for security management, policies, procedures, network architecture, software design, and other critical protective measures. This comprehensive standard is intended to help organizations proactively protect customer account data.
Credit Card Processing Machine	A machine or device is used to process credit/debit card transactions. Examples may include: Zon, Trans330, Trans380, Trans460, Omni3200SE.

 

Principles:
Overview - Many departments on campus process credit/debit card transactions, either infrequently or in the course of daily business. It is the College's responsibility to protect the privacy of its customers, as well as maintain compliance with the Gramm Leach Bliley (GLB) Act and Payment Card Industry (PCI) Standards.
Departments that transact business by accepting credit cards for goods or services are expected to adhere to the attached procedures to help ensure the integrity and security of all credit/debit card transactions. Failure to follow the procedures may result in the revocation of departmental authorization to accept credit cards and departmental responsibility for paying all related penalties.

Acceptable Credit/Debit Cards - The College is required to process credit/debit card transactions through the Bank of North Dakota. Any exceptions must be approved, in writing, by the Bank of North Dakota.  All requests to contract with a processer other than the Bank of North Dakota must be submitted to the Lake Region State College Vice President of Administrative Services.
Credit card types that departments may request to be accepted within the department for goods and services include MasterCard, VISA, and Discover.

Credit Card Fees - The College is charged fees on all credit card transactions. The fees vary and are based on the card type accepted and the method of acceptance (swiped versus manually entered). 
Merchant fees are generally charged to the funding source that the revenue is credited at the time of the transaction. Fees will be charged to the departmental fund via journal entry/import on a monthly basis by the Business Office.

As departments are developing rates (fees for goods or services) they should recognize the credit card merchant fee as a cost of doing business. Should the department choose to recover the fee, it must build it into the overall rate structure.  In other words, departments cannot assess an additional fee to the customer if the customer pays via a credit card.

SECURITY - If a department suspects that credit/debit card records may have been compromised in any way, whether through malicious intent or due to a weakness in the handling and processing of credit/debit card transactions, they are to notify the Business office immediately.
All security incidents will follow the Lake Region State College Information Security Response. The document “What to do if Compromised”, VISA USA Fraud Investigations, and Incident Management Procedures will be utilized as a reference for any security incident.

Contracts with Vendors/Internet Service Providers - Prior to entering into a new contract with a vendor/internet provider for acceptance of credit/debit cards, a department needs to take the following steps:

1. Submit a brief synopsis of the business rationale to the Business Office and Information Technology (IT). The rationale needs to include:
   
   1. How it will interface with other campus/NDUS systems.
   2. Justification of the approach chosen.
   3. Description of any alternatives seriously considered and explanation of why those alternatives were not chosen.
2. The Business Office/IT will determine if existing credit card collection methods can accomplish the goal.
3. If existing methods can accomplish the goal, the Business Office and IT will work with the department to construct the setup.
4. If existing methods cannot accomplish the goal, the department must:
   
   1. Have a secured website and must provide certification that the internet site/provider is PCI compliant prior to entering into a contract with the vendor/internet provider. This certification should be obtained from the vendor/internet provider and submitted to the Business Office Administration. Certification must be provided on an annual basis, or as requested.
   2. Have a written agreement that includes an acknowledgment that the service providers are responsible for the security of cardholder data the service provider possesses
   3. Maintain a program to monitor service providers’ PCI DSS compliance status.
   4. Have the contract approved by NDUS Legal Counsel.

Procedures:
Obtaining Authorization to Accept Credit/Debit Card Payments - Departments must obtain prior approval from the Business Office Accounting Supervisor to accept and/or process credit/debit card transactions within the department. Requests should be made via e-mail to the Accounting Supervisor. If approved, the Business Office will assist the department in obtaining a credit card processing machine and will provide procedures that must be followed when processing credit card deposits. If a department has not obtained approval to accept credit/debit card payments, it must not be accepting credit/debit card information.

Methods of Processing Transactions - There are four accepted methods for processing credit/debit card transactions:

1. In-person.
2. By telephone – must obtain the CVV code from the back of the card, but must be shredded after the transaction is processed; must verify the address if sending merchandise; may choose to have return receipt to confirm delivery of goods.
3. By mail.
4. Via a secured College-approved internet or firewall-protected and encrypted database application – a department accepting credit card information over the internet must provide a certification that the internet site/provider is PCI compliant prior to entering into a contract with the vendor/internet provider. This certificate must be submitted to the Business Office on an annual basis, or as requested.

Credit/debit card information cannot be requested or sent electronically (i.e. e-mail). If a cardholder sends credit card information electronically, departments are required to reply (deleting the card information) to the cardholder with the following verbiage:

"It is important that Lake Region State College protects the privacy of our customers, and therefore, does not accept credit/debit card information electronically, as the e-mail system is not a secured site.  Because we have already received it, we will process this payment, but please discontinue sending credit card information electronically. You may contact the department providing the goods or services to request available payment options."

Departments must attach a copy of the response to the merchant copy of the transaction being processed and retained in accordance with the records retention policy.

Credit/debit card information needs to be kept confidential and must never be left lying in an area where unauthorized persons may view it.

When issuing credits to customers, the credit should be processed in the same payment method as the original charge.

Departments must not store any credit/debit card information, including CVV codes or PIN numbers, in a customer database or electronic spreadsheet. All CVV codes, PIN numbers, and other documents containing credit card information must be shredded immediately after the transaction has been processed.

ATM Terminal - An ATM terminal is located at Lake Region State College  Lake Region State College works with ATM Network to provide the service. Lake Region State College is responsible to keep the machine filled with money.  Money is transferred from the customer’s bank to a Lake Region State College bank account. To reconcile these items, reports are run which include credit card numbers.  Those reports are kept in a locked cabinet.

Refunds - When an item or service is purchased using a credit card, and a refund is necessary, the refund should be credited to the credit card from which the purchase was made. If a refund in the form of a check is necessary, it should be approved by the departmental head/manager on a case-by-case basis.  No cash refunds will be issued for returned items originally purchased with a credit/debit card.

Disputed Charges / Chargebacks - Occasionally, the Bank of North Dakota will send a notification to the College indicating a disputed charge. A copy of this chargeback notification will be forwarded to the appropriate department by the Business Office.  The department is required to provide all requested information in response to the notification by the due date indicated. Failure to provide requested information in a timely manner will result in the department being charged for the transaction in question and the department cannot appeal the chargeback.

Recording and Reconciling Transactions - When submitting deposits to the Business Office, please include the following:

1. Merchant copy of the sales slip, which includes the signature, should only include the last four digits of the credit card number.
2. Daily Totals Report - this includes only the totals for MasterCard, VISA, and Discover; no credit card numbers are included.
3. Daily Detail Report - this includes the entire credit card number for all transactions.
4. Batch Settlement Report - this indicates the amount settled successfully.
   
   1. Departments should transmit and settle their batches daily.

Retention Periods - Documents supporting the credit card transaction must be retained by the department according to the College’s Records Retention Policy.

The Business Office should retain the following documents for receipts processed with a Tender Type selection of Credit Card:

1. The merchant copy of the sales slip, which includes the signature, should only include the last four digits of the credit card number.
   
   1. Retention period is current fiscal year plus two prior fiscal years.
2. Daily Totals Report includes only the totals for each card type (MasterCard, VISA, Discover, and American Express); not credit card numbers are included.
   
   1. Retention period is current fiscal year plus two prior fiscal years.
3. Daily Detail Report includes the entire credit card number for all transactions.
   
   1. Retention period is current fiscal year plus two prior fiscal years.
4. Daily Batch Settlement Report indicates the amount settled successfully.
   
   1. Retention period is current fiscal year plus two prior fiscal years.

All Transaction documents, as stated above, must be secured, for example, in a locked cabinet/room with limited access.

Network Scans - Departments using networks or servers for credit card transactions must follow PCI standards. Additional scans may be requested by the Bank of North Dakota.

PCI Self-Assessment Questionnaire - The Business Office is required to complete a PCI Self-Assessment Survey on an annual basis for each method of accepting credit cards. This policy will be reviewed at that time for possible changes. Service providers will be monitored to assure PCI DSS compliance status.

Responsibilities:

Business Office

With the assistance of Information Technology, grants authorization to departments to accept and process credit/debit card transactions. Provides procedures for daily reconciling of credit card transactions. Retain documents supporting credit card transactions as required. Reconciles transactions on a monthly basis.

Department Accepting Credit Cards for Goods or Services

Request/obtain prior approval from the Business Office/Information Technology to accept and/or process credit/debit card transactions. Credit/debit card information must never be left in an open area where unauthorized persons are able to view it. Notify the Business Offices immediately if there is a suspicion that credit/debit card records may have been compromised in any way. If accepting credit/debit card information over the internet, a department must provide certification that the internet site/provider is PCI compliant prior to entering into a contract with the vendor/internet provider. The certificate must be submitted to the Business Office on an annual basis, or as requested. Should take merchant fees into consideration when determining rates for goods and services. Must follow the procedures for processing credit/debit card deposits. Must not store any magnetic stripe information, including security codes, CVV/CVC, PIN number, CVV2/CVC2. Reconcile and transmit credit/debit card transactions on a daily basis. Retain all required credit/debit card documents in a secured location according to the records retention policy. Do not request credit/debit card information via e-mail. When credit/debit card information is received by the department via e-mail, departments are required to notify the sender to discontinue sending such information via e-mail, as it is not a secure location. The transaction can still be processed. When disposing of credit/debit card information, all documents must be shredded.

 

Plan Responsibility, Review, Updates, and Approval - Responsibility for Lake Region State College’s PCI (Payment Card Industry) Policy is assigned to the Information Security Response Team (see Information Security Response Policy).
These positions will work together and be responsible for coordinating Lake Region State College’s PCI (Payment Card Industry) Policy including the following:

1. Annual review of the policy.
2. Complete PCI Self-Assessment Questionnaires.
3. Oversee scans of equipment.

History

Administrative Council Approved Update 06/11/15

Purpose:
To establish an Identity Theft Prevention Program designed to detect, prevent, and mitigate identity theft in connection with the opening of a covered account or an existing covered account and to provide for continued administration of the program in compliance with Part 681 of the Code of Federal Regulations implementing Sections 114 and 315 of the Fair and Accurate Credit Transactions Act (FACTA) of 2003.

Scope of Covered Activities/Business Processes, Rules:
Any account or financial service that Lake Region State College offers or maintains for which there is a reasonably foreseeable risk to customers or to the safety and soundness of Lake Region State College from identity theft, including financial operational, compliance, reputation, or litigation risks.

Related Documents/Policies:

• SBHE Policy 1901.2 Computing Facilities
• SBHE Policy 1912 Public Records
• Lake Region State College PCI (Payment Card Industry) Policy
• Lake Region State College Information Security Response Policy
• Lake Region State College Customer Information Safeguarding Program
• NDUS Policy 511 Student Criminal History Background Checks and Corresponding Procedure 511
• NDUS Policy 602.3 Job Applicant/Employee Criminal History Background Checks and corresponding procedure 602
• NDUS Policy 1912 Public Records; Procedure 1912.1 Information Security Procedures
• NDUS Procedure 1912.2 Student Records – Directory Information
• NDUS Procedure 1912.3 Employee Personal Information
• SBHE Policy 802.7

Definitions:

Identity Theft	Fraud committed or attempted using the identifying information of another person without authority.
Covered Account	An account that Lake Region State College offers or maintains primarily for personal or business purposes that involve or is designed to permit multiple payments or transactions. Covered accounts include but are not limited to Student ID Card, credit/debit card processing, financial aid information, student loan information, business accounts, payroll account information; and any other account that Lake Region State College offers or maintains for which there is a reasonably foreseeable risk to customers or to the safety and soundness of Lake Region State College from identity theft, including financial operational, compliance, reputation, or litigation risks.
Red Flag	A pattern, practice, or specific activity that indicates the possible existence of identity theft.
Service Provider	A third party engaged in performing an activity in connection with one or more covered accounts.

Detecting Red Flag Activity

1. Alerts, Notifications, or Warnings from a Consumer Reporting Agency
   
   1. A fraud or active duty alert is included with a consumer report.
   2. A consumer reporting agency provides a notice of credit freeze in response to a request for a consumer report.
   3. A consumer reporting agency provides a notice of address discrepancy as defined in §41.82(b) of this part.
   4. A consumer report indicates a pattern of activity that is inconsistent with the history and usual pattern of activity of an applicant or customer, such as:
      
      1. A recent significant increase in the volume of inquiries.
      2. An unusual number of recently established credit relationships.
      3. A material change in the use of credit, especially with respect to recently established credit relationships.
      4. An account that was closed for cause or identified for abuse of account privileges by a financial institution or creditor.
2. Suspicious Documents
   
   1. Documents appear to have been altered or forged.
   2. The photograph or physical description on the identification is not consistent with the appearance of the applicant or customer presenting the identification.
   3. Other information on the identification is not consistent with information provided by the person opening a new covered account or customer presenting the identification.
   4. An application appears to have been altered or forged or gives the appearance of having been destroyed and reassembled.
3. Suspicious Personally Identifiable Information (PII)
   
   1. Personal identifying information provided is inconsistent when compared against external information sources used by the financial institution or creditor.
      
      1. Examples: the address does not match any address in the consumer report; or the Social Security Number has not been issued, or is listed on the Social Security Administration’s Death Master File.
   2. Personal identifying information provided by the customer is not consistent with other personal identifying information provided by the customer, e.g., there is a lack of correlation between the SSN range and the date of birth.
   3. Personal identifying information provided is associated with known fraudulent activity as indicated by internal or third-party sources used by the institution.
      
      1. Examples: The address on an application is the same as the address provided on a fraudulent application, or the phone number on an application is the same as the number provided on a fraudulent application.
   4. Personal identifying information provided is of a type commonly associated with fraudulent activity as indicated by internal or third-party sources used by the institution.
      
      1. Examples: The address on an application is fictitious, a mail drop, or a prison; or the phone number is invalid, or is associated with a pager or answering service.
   5. The SSN provided is the same as that submitted by other persons opening an account or other customers.
   6. The address or telephone number provided is the same as or similar to the account number or telephone number submitted by an unusually large number of other persons opening accounts or other customers.
   7. The person opening the covered account or the person fails to provide all required personal identifying information on an application in response to notification that the application is incomplete.
   8. Personal identifying information provided is not consistent with personal information that is on file with the institution.
   9. For financial institutions and creditors that use challenge questions, the person opening the covered account or the customer cannot provide authenticating information beyond that which generally would be available from a wallet or consumer report.
   10. Unusual Use of, or Suspicious Activity Related to, the Covered Account.
   11. Shortly, following the notice of a change of address for a covered account, the institution receives a request for new, additional, or replacement cards, or the addition of authorized users on the account.
   12. The covered account is used in a manner commonly associated with known patterns of fraud.
       
       1. Example: The customer fails to make the first payment or makes an initial payment but no subsequent payments.
   13. A covered account is used in a manner that is not consistent with established patterns of activity on the account.
       
       1. Examples: Nonpayment when there is no history of late or missed payments; a material increase in use of available credit; a material change in purchasing or spending patterns; a material change in electronic fund transfer patterns in connection with a deposit account; or a material change in telephone call patterns in connection with a phone account (can be cellular or landline).
   14. A covered account that has been inactive for a reasonably lengthy period of time is used (taking into consideration the type of account, the expected pattern of usage, and other relevant factors).
   15. Mail sent to customer is returned repeatedly as undeliverable although transactions continue to be conducted in connection with the customer’s covered account.
   16. The institution is notified the customer is not receiving paper account statements
   17. The institution is notified of unauthorized charges or transactions in connection with a customer’s covered account.
4. Notice from Customers, Victims of Identity Theft, Law Enforcement Authorities, or Other Persons Regarding Possible Identity Theft in Connection with Covered Accounts Held by the Institution

All Employees Procedures for the Rule

1. Access data in Lake Region State College’s ConnectND system is restricted to those employees of the College with a need to know and for the proper performance of their duties. These employees receive training related to FERPA and “Red Flag” regulations. Social Security numbers and Date of Birth are not used as authentication numbers and should be protected.
2. Every effort is made to limit the access to personal non-directory information to employees on campus with a legitimate need to know. Employees, who have been approved access to the administrative information databases, understand that they are restricted to using the information obtained only in the conduct of their job functions. The inappropriate use of such access and/or use of administrative data may result in disciplinary action up to, and including, dismissal from the University.
3. All paper files containing personal non-directory information are required to be in a secure location when not in use. All offices, when not occupied, are to be locked.

Student Administration Procedures for the Rule

1. Verify identification for any student, faculty, or staff requesting services. The identification should be scrutinized to verify that it has not been altered or forged.
2. Verify that the picture on the identification provided matches the appearance of the customer presenting the identification.
3. Verify that the information on the identification is consistent with other information on file at the college, particularly on the customer’s account.
4. Do not share any more information with a customer than is documented in the student system if there is a full FERPA restriction on the account. If additional information is requested, the student should be forwarded to the Registrar’s Office for assistance.
5. Report to upper management without assisting the customer if the College ID provided is the same as that submitted by another customer.
6. Report to upper management if an account is used in a manner not consistent with regular patterns of activity, i.e. if a student receives more than one Short Term loan at a time, or over the period of one term.
7. Call or email the customer if mail addressed to the customer is returned as undeliverable although transactions continue to be conducted with their account.
8. Notify upper management if an account has had three different address changes in the past ninety (90) days.
9. Investigate and verify the correctness of unauthorized charges or transactions assessed by Student Financial Services in connection with a customer’s account. If there are questions regarding the correctness of departmental charges, refer them to the appropriate department for resolution.
10. Notify upper management immediately if the College is notified by a customer, a victim of identity theft, a law enforcement authority, or any other person that it has opened, discovered, or manipulated a fraudulent account for a person engaged in identity theft.
11. Do not provide any information to an individual claiming to be the victim of identity theft without them providing evidence of a Police Case Number or an FTC affidavit of identity theft. If a customer needs assistance of this type, the request must be in writing with detailed information requested as well as proof of positive identification and proof of claim of identity theft (police report or FTC affidavit).
12. Ensure that customers who call are not given information on an account if they cannot provide the College ID and customer name. Be cautious about callers who attempt to get financial information without providing any substantive knowledge about the account.
13. Employees and students are requested to report all changes in name, address, telephone, or marital status to the Human Resources and Registration and Records offices as soon as possible; they should periodically verify those persons listed as contacts in case of an emergency, and those persons designated as beneficiaries to life and/or retirement policies.
14. A FERPA disclosure statement is sent out to students each year informing them of their rights under FERPA. The student is required to give written authorization to the Registrar’s Office if their information is permitted to be shared with another party. The student is given the opportunity to provide billing addresses for third-party billing.
15. Occasionally, the College will extend short-term credit to a student for payment of their tuition bill or other items which thus creates a covered account. The student signs a short-term promissory note, which is stored in a secured area.

Human Resources Policy and Procedures for the Rule

1. Staff who have access to HR and Payroll data have received training that non-directory information regarding employees is not to be provided unless approved in writing by the employee.
2. The College’s official personnel files for all employees are retained in the Human Resources office in a locked file cabinet. Employees have the right to review the information contained in their personnel files.
3. Personnel records are classified as open records according to the North Dakota Century Code (Chapter 44-04).
4. Access data in Lake Region State College’s ConnectND system is restricted to those employees of the College with a need to know and for the proper performance of their duties. These employees receive training related to FERPA and “Red Flag” regulations.
5. Social Security numbers are not used as identification numbers and this data is classified as confidential.
6. Every effort is made to limit the access to confidential information to employees on campus with a legitimate need to know. Employees, who have been approved access to the administrative information databases, understand that they are restricted to using the information obtained only in the conduct of their job functions. The inappropriate use of such access and/or use of administrative data may result in disciplinary action up to, and including, dismissal from the University.

Oversight of Service Providers
The College remains responsible for compliance with the Red Flag Rules even if it outsources operations to a third-party service provider. The written agreement between the College and the third-party service provider shall require the third party to have reasonable policies and procedures designed to detect relevant Red Flags that may arise in the performance of their service provider’s activities. The written agreement must also indicate whether the service provider is responsible for notifying only the College of the detection of a Red Flag or if the service provider is responsible for implementing appropriate steps to prevent or mitigated identify theft. Written agreements will be kept in the Administrative Services office.

Plan Responsibility, Review, Updates, and Approval
Responsibility for Lake Region State College’s Identity Theft Prevention Program is assigned to the Information Security Response Team (see Information Security Response Policy).

These positions will work together and be responsible for coordinating Lake Region State College’s Identity Theft Prevention Program including the following:

1. Identify relevant patterns, practices, and specific forms of activity that are “red flags” signaling possible identity theft and incorporate those red flags into the program;
2. Respond appropriately to any red flags that are detected to prevent and mitigate theft.
3. The Identity Theft Prevention Program will be reviewed and updated regularly by this team. Changes will be approved by the President of Lake Region State College.
4. Identify training and education relevant to the Identity Theft Prevention Program.
5. The Information Security Response Team will conduct an annual report on the compliance and effectiveness of the program and make recommendations for changes. The report should be filed with the President. Should an employee identify a “red flag” (patterns, practices, and specific activities that signal possible identity theft), they are instructed to bring it to the attention of the Information Security Response Team. The team will investigate the threat of identity theft to determine if there has been a breach and will respond appropriately to prevent future identity theft breaches. Additional actions may include notifying and cooperating with appropriate law enforcement and notifying the student or employee of the attempted fraud.
6. If there is a pattern, practice, or activity relating to a university system-supported application, the Information Security Response Team will consult with the NDUS CIO or NDUS Security.

History

Administrative Council Approved 07/14/09
Administrative Council Approved 06/11/15

Purpose:
The Gramm-Leach-Bliley (GLB) Act of 2000 requires financial institutions to ensure the security and confidentiality of customer information. Universities and colleges are deemed to comply with the privacy provision of the Act if they are in compliance with Family Educational Rights and Privacy Act (FERPA) of 1974; however, universities and colleges are still subject to the requirements of administrative, technical, and physical safeguarding of customer information. The written safeguarding program outlined below will address the administrative, technical, and physical safeguarding of customer information. The objectives of the safeguards are as follows:
1.    Ensure the security and confidentiality of customer information,
2.    Protect against any anticipated threats or hazards to the security or integrity of such information, and
3.    Protect against unauthorized access to or use of customer information that could result in substantial harm or inconvenience to any customer.

Scope:
This program applies to all members of the Lake Region State College community.

Related Documents/Policies:

Gramm Leach Bliley Act	http://www.ftc.gov/privacy/privacyinitiatives/glbact.html
Payment Card Industry (PCI) Standards	https://www.pcisecuritystandards.org http://www.discovernetwork.com http://www.mastercard.com/ www.visa.com/cisp https://www.americanexpress.com/
PCI (Payment Card Industry) Compliance Policy	Lake Region State College Policies & Procedures Manual
Information Security Response Policy	Lake Region State College Policies & Procedures Manual
Identity  Theft Prevention Program (Red Flag)	Lake Region State College Policies & Procedures Manual
North Dakota University System Policy Section 1912: Public Records and NDUS Procedure Section 1912.1: Information Security Procedures	Public Records.docx (sharepoint.com) http://www.ndus.edu/policies/ndus-policies/subpolicy.asp?ref=2586
Family Education Rights and Privacy Act (FERPA)	http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html

 

Definitions:

Customer Information	Any record containing nonpublic personal information as defined in 16 CFR 313.3(n) about a customer of Lake Region State College, whether in paper, electronic or other form (16 CFR 314.2(b)).
Confidential Information	Confidential Information, further defined in the NDUS policy 1901.2, is information that is not to be publicly disclosed. The disclosure, use, or destruction of Confidential Information can have adverse effects on Lake Region State College and possibly carry significant civil, fiscal, or criminal liability.
Covered Data and Information	Student financial information and any other financial information are required to be protected under GLB and include both paper and electronic records.
Customer	Individual who obtains or has obtained a financial product or service from Lake Region State College that is to be used primarily for personal, family, or household purposes (16 CFR 313.3(e),(h)).
North Dakota Higher Education Computer Network (HECN)	The HECN is a cooperative effort among the eleven campuses of the North Dakota University System for the provisioning of enterprise-wide IT services.

 

Responsibility for Lake Region State College’s Customer Information Safeguarding Program is assigned to the Information Security Response Team (the Coordinators for the Customer Information Safeguarding Program). See Information Security Response Policy re: Team members. The Team consists of the Accounting Supervisor, Chief Information Officer, Director of Financial Aid, and Director of Marketing & Communications.

Risk Management:
Lake Region State College recognizes that there are both internal and external risks at three different levels: 1) ND Higher Education Computer Network (HECN), 2) Lake Region State College Information Technology Services (ITS) department, and 3) other Lake Region State College department systems. These risks include but are not limited to:

1. Unauthorized access of protected information by someone other than the owner of the covered data and information
2. Compromised system security as a result of system access by an unauthorized person
3. Interception of data during transmission
4. Loss of data integrity
5. Physical loss of data in a disaster
6. Errors introduced into the system
7. Corruption of data or systems
8. Unauthorized access to covered data and information by employees
9. Unauthorized requests for covered data and information
10. Unauthorized access through hardcopy files or reports
11. Unauthorized transfer of covered data and information through third parties.

Lake Region State College recognizes that this may not be a complete list of the risks associated with the protection of customer information. Since technology growth is not static, new risks are created regularly.

Responsibilities:

Information Security Response Team	Review & update this Customer Information Safeguarding Program regularly. Work together and be responsible for coordinating LAKE REGION STATE COLLEGE’s information security program, including the following:   Identify reasonably foreseeable internal/external risks to the security that could result in unauthorized disclosure, or misuse of information; Design and implementation of the safeguard program; Regularly monitor and test the sufficiency of any safeguards in place to control risks in the following areas: Employee Management & Training; Information Systems; and Managing System Failures.
North Dakota Higher Education Computer Network (HECN)	Obligations are addressed in SBHE Policy Section 1912: Public Records and NDUS Procedure Section 1912.1: Information Security Procedures.
Lake Region State College Information Technology Services (ITS) department systems	Provide a secure computing environment for the faculty, staff, and students of Lake Region State College, this includes but is not limited to network infrastructure; file servers, and email systems. Access to the networking equipment is controlled by passwords. Physical access to the networking equipment is controlled by a physical key, with only those people needing to maintain the infrastructure itself having access. The storage area on the file server consists of individual and shared directories. The individual storage is password protected for the specific individual account. Access to the administrative file server and shared areas for the department are authorized by the department and implemented by the system administrator. Access to covered data and information via computer information systems shall be limited to those employees who have a business reason to know such information. Each employee shall be assigned a username and password in compliance with a password procedure. Databases containing personally covered data and information, including, but not limited to, accounts, balances, and transactional information, shall be available only to employees in appropriate departments and positions. Lake Region State College requires the deletion or change of administrative system access for terminating or transferring employees. Provide secure data transmission. When disposing of electronic devices -- wipe the data or physically destroy diskettes, tapes, hard drives, etc No passwords are maintained in plain text. No passwords are altered for an individual or given to an individual until it has been determined that that individual is the person entitled to access the account.
Lake Region State College administrative departments and employees that have access to confidential customer information	Management and control responsibilities for Lake Region State College departmental information systems and employees rest with the department heads and the chain of command shown in the Lake Region State College organizational chart. Management and control responsibilities fall under three general categories: A) Employee Management and Training, B) Information Systems, and C) Managing System Failures. A) Employee Management and Training The success or failure of any security plan largely depends on its employees. Because certain customer information (such as: social security numbers) is available to a large number of Lake Region State College employees via the administrative systems, the risk of failure is slightly higher in this area. As a result of this risk, the following steps will be taken: All departments shall check references and conduct criminal history background checks as required by law or SBHE or Lake Region State College policy prior to hiring employees. Every employee with administrative computer system access to name and address information will be notified and reminded of Lake Region State College Information Security policies and the need to keep customer information confidential and properly safeguarded. Employees will be reminded to take steps to maintain the security & confidentiality of customer information, such as: locking rooms and filing cabinets where records are stored recognizing any fraudulent attempts to obtain customer information limiting access to data in software programs Impose sanctions for any breaches B) Information Systems Information systems include network and software, information processing, storage, transmission, retrieval, and disposal. Department heads will notify employees annually of the following standards for information system security: Store records in a secure area and only authorized employees have access Store paper records in a room or file cabinet that is locked when unattended. Store electronic customer information on a secure server, data is accessed with passwords, and the server is in a secure area. Dispose of customer information in a secure manner. Shred customer information according to the retention periods. Covered data and information such as customer information must be encrypted during transmission. Confidential data must be encrypted, whenever it is stored outside of a password-protected centralized server. Confidential data may not be stored or backed up to DVD, CD, or other non-encrypted media. No passwords are maintained in plain text. All computers, DVDs/CDs, diskettes, tapes, hard drives, etc. should be returned to the ITS department for proper disposal. C)  Managing System Failures Effective security management includes the prevention, detection, and response to attacks, intrusions, and system failures. Department heads will notify employees of the following Lake Region State College standards for managing system failures: Takes steps to preserve security, confidentiality, and integrity of customer information. They store customer information on servers that backup the data regularly.  Notify customers promptly if nonpublic information (NPI) is subject to loss, damage, or unauthorized access. Maintain systems and procedures to ensure that access is limited to authorized employees. Notify ITS of a breach and move items around for priority.
Employees contracting with Service Providers	Follow PCI (Payment Card Industry) Policy

 

History

Administrative Council Approved 04/14/09

Lake Region State College (LRSC) is committed to ethical and professional conduct. It is the responsibility of each employee acting on behalf of LRSC, including student employees, to comply with legal and regulatory requirements, policies, and procedures that apply to her/his particular duties.

There may be instances when a policy or procedure appears difficult to interpret or to apply. In those cases, clarification should be sought through the employee’s supervisor. If necessary, further questions should be directed to the administration office that has responsibility for the oversight of the policy.

This policy applies to all employees or contracted professionals of Lake Region State College.

Expectations – It is expected that all employees:

1. perform their duties conscientiously, honestly, and in accordance with the best interests of LRSC.
2. comply with applicable federal and state laws, SBHE, NDUS, and LRSC policies and procedures.
3. will not use their position or the knowledge gained as a result of their position for private or personal advantage.
4. support an environment that is free of intimidation, threatening behavior, discrimination, and/or harassment.
5. conduct themselves in a businesslike manner.
6. will be responsible and use good judgment when spending LRSC funds including reimbursable expenses.
7. follow the policies and procedures for recording, handling, and protecting money and other assets.
8. will not make, send, enter, or distribute a false record or communication of any kind.
9. comply with applicable laws, regulations, SBHE policies, and NDUS procedures concerning privacy, confidential records, access to open records, and records retention.
10. make every effort to communicate completely, accurately, and in a timely manner.
11. only collect personal information necessary for LRSC business.
12. retain customer information for only as long as required by LRSC’s records retention schedule.
13. will have a legitimate business reason for accessing information.
14. will only accept de minimus contributions, such as a purchase of a meal at reasonable value as part of a conference or other event with no conditions attached.
15. will not accept entertainment, gifts, or personal favors that could, in any way, influence, or appear to influence, business decisions in favor of any person or organization with whom or with which LRSC has or is likely to have business dealings.
16. will not accept kickbacks and commissions from suppliers.
17. avoid investing in or acquiring a financial interest for their own accounts in any business organization that has a contractual relationship with LRSC, or that provides goods or services to LRSC if such investment or interest could influence or create the impression of influencing their decisions in the performance of their duties.
18. share responsibility for good public relations, especially at a community level.
19. must avoid outside activities that create an excessive demand upon their time and attention, thus depriving LRSC of their best efforts in fulfilling their job duties or that create a conflict of interest, or an obligation, interest, or distraction, that interferes with the independent exercise of judgment in the best interest of LRSC.
20. separate their personal roles from their LRSC positions when communicating on matters not involving LRSC business. They may not use LRSC identification, stationery, supplies, and equipment for personal or political matters.
21. may not represent that they speak for LRSC unless that is one of their duties or they are otherwise authorized to do so.
22. must take care not to compromise the integrity or damage the reputation of LRSC when dealing with the community.
23. will not engage in disruptive behavior; and will not engage in unlawful gambling.
24. will abide by the LRSC alcohol and drug policy and the requirements for presidential approval under SBHE policy 918.
25. will not possess any dangerous weapon, firearm (including handguns, rifles, and shotguns), or explosive device on property owned, leased, or under the control of LRSC unless expressly authorized by law. Faculty and instructors of the Peace Officer Training Program, a hunter education program, or other course or program approved by the President may possess approved dangerous weapons according to the approved curriculum. Sworn officers of the LRSC Police Department are also exempt from this policy when use or possession occurs in the performance of their official duties.
26. are prohibited from making threats of harm to others, in person, through a third person, in writing, or by electronic means (social media, text, phone calls, etc.).
27. will not use public property or resources to perform unauthorized activities that disrupt the efficient and economical administration of LRSC.

Reporting - Employees shall report suspected violations of the Code of Conduct policy to their supervisor, the VP for Administrative Affairs, VP for Academic and Student Affairs, or the President. In addition, the NDUS has a fraud hotline and suspected violations may be reported anonymously by use of that hotline. Failure to report known or suspected violations is in itself a violation and employees may be subject to disciplinary action up to and including termination.

Investigations- Alleged violations of this Code of Conduct shall be investigated by the VP for Administrative Affairs, the VP for Academic and Student Affairs, and other officer designated by the President or the NDUS at the request of the President. All employees shall cooperate in these investigations.

Discipline - If it is determined that the Code of Conduct or another policy has been violated, the offending employee may be subject to disciplinary action up to and including termination. In some circumstances, employees may be subject to civil and criminal charges and penalties.

Retaliation – The Code of Conduct prohibits retaliation against those who participate in reporting or investigating policy violations. Any person who retaliates against another may be subject to disciplinary action up to and including termination.

Acknowledgment - New employees will review the Code of Conduct and sign a statement certifying that the employee has read and agrees to comply with the Code of Conduct. All benefitted employees are required to annually certify in writing that they have read and are in compliance with the Code of Conduct.

History

Administrative Council Approved 06/15/10
Administrative Council Approved (1500.05, 2) 06/05/17
Administrative Council Approved 11/20/2018

Purpose:
To assure all employees and contracted professionals of Lake Region State College understand the importance of identifying and reporting fraud, who they need to report it to, how it will be investigated, and how it will be resolved.

Scope:
This policy applies to all employees or contracted professionals of Lake Region State College.

Related Documents/Policies:

Lake Region State College Code of Conduct 1500.05	http://www.Lake Region State College.edu/codeofconduct
SBHE Policy 308.1 (proposed)	https://www.ndus.edu/makers/procedures/sbhe/default.asp?PID=215&SID=4
SBHE Policies Section 611: Employee Responsibility and Activities	https://www.ndus.edu/makers/procedures/sbhe/?SID=7
SBHE 615 Drug-Free Workplace	https://www.ndus.edu/makers/procedures/sbhe/default.asp?PID=70&SID=7
NDUS Procedure 615 Drug-Free Workplace	https://ndusbpos.sharepoint.com/:w:/s/NDUSPoliciesandProcedures/

Lake Region State College employees are responsible for safeguarding College resources and ensuring they are used only for authorized purposes, in accordance with College rules, policies, and applicable law. All employees are responsible for reporting suspected theft, fraud, or unlawful or improper use of public funds or property.

1. As used in this policy, “theft, fraud or unlawful or improper use of public funds or property” includes:
   
   1. Stealing larceny or embezzlement;
   2. Making or altering documents or files with the intent to defraud;
   3. Purposely inaccurate accounting or financial reporting at any level;
   4. Fraudulent conversion or misappropriation of public resources, including funds, supplies, or other property;
   5. Improper handling or reporting of financial transactions;
   6. Authorizing or receiving compensation for goods not received, services not performed, or hours not worked, including payment or receipt of a bribe, kickback, or other unlawful or unauthorized payment.
2. Fraud Awareness
   
   1. All benefitted employees will receive training annually. The specific training will be directed by the Human Resources office.
   2. It is suggested that all non-benefitted employees also receive the training. However, the training will not be mandated for non-benefitted employees.
3. Procedures for reporting suspected or detected fraudulent activity
   
   1. An employee with knowledge or suspicion of theft, fraud, or unlawful or improper use of public funds or property involving Lake Region State College or affiliated entities, shall report that information to a supervisor, the Accounting/Human Resource Supervisor in Administrative Services, or the President. An employee with knowledge or suspicion of theft, fraud, or unlawful use of public funds involving an immediate supervisor, shall report that information to an employee at a level above the immediate supervisor. As an alternate method, an employee may call the Eide Bailly Fraud Hotline at 866-912-5378 to report suspicious activity.
   2. Unreasonable failure to report such information as required may result in discipline, up to and including dismissal.
   3. The employee or supervisor who suspects fraudulent activity should not attempt to conduct an investigation.
   4. It is a violation of college policy to retaliate against an employee who, in good faith, reports dishonest or fraudulent activity.
4. Procedures for investigating suspected or detected fraudulent activity
   
   1. The Lake Region State College employees designated with responsibility for receiving and acting upon reports under this policy are the Accounting/Human Resource Supervisor for Administrative Services and the President. A supervisor or other person who receives a report of suspected theft or fraud shall report that information to the Accounting/Human Resource Supervisor or the President. The Accounting/Human Resource Supervisor shall inform the President unless the President is implicated, in which case the Accounting/Human Resource Supervisor shall inform the General Counsel. If both the Accounting/Human Resource Supervisor and the President are implicated, the report shall be made to the ND University System General Counsel.
   2. The Accounting/Human Resource Supervisor shall take reasonable and appropriate action in response to receipt of a report, which may include an internal investigation, commission of an audit, referral to law enforcement officials, recommended policy or procedure amendments, a report summarizing findings, or other steps. The Accounting/Human Resource Supervisor shall consult the NDUS General Counsel and information shall be kept confidential as directed by the General Counsel.
   3. The Accounting/Human Resource Supervisor, with assistance from the President as appropriate, has the primary responsibility for the investigation. If the investigation reveals that fraudulent activities have occurred, the Accounting/Human Resource Supervisor will issue a report to the appropriate administrative officials.
   4. Employee discipline, up to and including dismissal will follow College processes and procedures.
   5. Decisions to prosecute or involve appropriate law enforcement and/or regulatory agencies for independent investigation will be made by the College President in consultation with the NDUS General Counsel.
   6. The Accounting/Human Resource Supervisor is also responsible for periodic review of Lake Region State College internal control procedures, making recommendations for appropriate controls and staff training to minimize opportunities for theft or fraud.

History

Administrative Council Approved 05/11/11

1. Purpose
The purpose of this policy is to regulate the use of video recording equipment at Lake Region State College. For purposes of this policy, electronic video recording equipment is defined as observing persons, places, or activities in an unobtrusive manner with the aid of electronic devices such as video cameras, digital video recorders, or network scanning systems. This policy applies to students, employees, and personnel of affiliated organizations conducting business on the properties owned or controlled by Lake Region State College.

2. Scope
This policy applies to all areas of Lake Region State College in the use of video recording equipment. This policy is not intended to cover the use of webcams unless the webcam is used for recording others in public spaces.

3. General Principles
     1.    The use of video recording equipment at Lake Region State College is limited to the following purposes:
                a.   To deter criminal activity and assist in the investigation and prosecution of criminal activity.
                b.   To deter violations and assist in the investigation of violations of Lake Region State College Policies, SBHE Policies, and NDUS Procedures.
                c.   To assist in the investigation of accidents and to address safety issues.
                d.   To identify individuals seeking entry into restricted locations.
     2.    Using video recording equipment for purposes not listed above undermines the purpose of these resources and is prohibited.
     3.    Only the incident on a filed report form may be investigated, and should unrelated violations be observed, approval to investigate shall be obtained separately.

4. Authorization, Storage, and Investigations
     1.    Data captured by video recording equipment will be stored for not less than 14 days and may then be written over and/or deleted according to data storage needs.
     2.    Video data may be retained indefinitely when it is part of an internal investigation, criminal investigation, court proceedings (criminal or civil), or as otherwise directed by the President, Vice President of Administrative Affairs, or the Vice President of Academic and Student Affairs.
     3.    Cameras will be restricted to indoor and outdoor areas available to the public and to public areas where access is restricted. Cameras will not be allowed in locker rooms, restrooms, classrooms, or private offices.
     4.    Cameras in the resident halls will be limited to those showing the entrances and exits and may not record the hallways showing the doors to individual rooms or restrooms.
     5.    The Director of Information Technology, the Director of Human Resources, and their designees will have access to view video recordings for investigative purposes.
     6.    The Director of Information Technology or their designee shall monitor video recording equipment on a regular basis for operational status and condition of all cameras.
     7.    Whenever approval is granted for video surveillance imaging to be copied and released to law enforcement or to a third party, the releasing individual will notify (email) the President, Vice President of Administrative Affairs, or the Vice President of Academic and Student Affairs.

5. Responsibilities
     1.    The Vice President of Administrative Affairs and/or the Vice President of Academic and Student Affairs, or their designees, have the responsibility for the following:
                 a.   Authorizing the use of video recording equipment, approving the installation (location) of new cameras, authorizing the removal of existing cameras, and approving the release of imaging to law enforcement or to a third party.
                 b.   Authorizing the Video Recording Equipment Request Forms for investigation.
     2.    The Director of Human Resources will receive and process the Video Recording Equipment Request Forms and will retain the investigative summary and digital recordings/pictures.

History
Administrative Council Approved 10/14/13
Administrative Council Approved 02/17/22

Lake Region State College will maintain a learning and working environment that is free from harassment of its employees and students, including student-to-student and other peer harassment. Any person engaging in inappropriate conduct will be in violation of this policy.

Discrimination is defined under applicable federal and state law. In general, unlawful discrimination means failing to treat people equally based, at least in part, on status that is protected under applicable law or policy.

Student-on-student harassment is a specific form of discrimination. LRSC may only discipline students for student-on-student harassment which meets one or more of the following criteria:

1. (i) Unwelcome verbal, written, or physical conduct directed to another student or a specified group of students; (ii) Conduct that is lewd, obscene, defamatory, unlawful, has the purpose of causing distress, or is based on the student’s (or students’ ) actual or perceived personal characteristics; and either (iii a) Conduct that objectively and subjectively creates a hostile or disruptive environment or substantially interferes with the student’s educational work or (iii b) Conduct that is so severe, pervasive, or objectively offensive that it is reasonably likely, based on specific and documented facts, to create a substantial disruption to the educational environment or to effectively deny a student equal access to educational opportunities or benefits provided by the institution; or,
2. Conduct which violates North Dakota criminal laws prohibiting harassment, stalking, menacing, criminal coercion, or similar behavior.

Student-on-student discriminatory harassment is speech or expression that is unwelcome, targets the victim on the basis protected under federal, state, or local law, and is so severe, pervasive, and objectively offensive that a student effectively is denied access to educational opportunities or benefits provided by LRSC. 

Sexual harassment is harassment, whether between individuals of the same or different sex, which includes unwelcome behavior or conduct of a sexual nature that is made, either explicitly or implicitly, a condition of an individual's education, employment, or participation in university-sponsored programs or activities or the submission to or rejection of such behavior or conduct is a factor in decisions affecting that individual's education, employment, or participation in university-sponsored programs or activities. It has the effect of interfering with a person’s work or a student’s academic performance, or it creates an objectively hostile environment.

Sexual harassment may include, but is not limited to, the following:

1. Verbal harassment or abuse
2. Pressure for sexual activity
3. Repeated remarks to a person with sexual or demeaning implications
4. Unwelcome touching (i.e. patting, pinching, hugging, repeated brushing against another employee’s body or touching their clothing)
5. Suggesting or demanding sexual involvement accompanied by implied or explicit threats concerning one’s grades, job, etc.
6. Suggesting or demanding sexual favors accompanied by implied or overt promise of preferential treatment with regard to an individual’s employment or educational program status
7. Graphic verbal comment about an individual’s body
8. Sexually degrading words, to describe an individual
9. Display in the workplace or in public areas of sexually suggestive objects or pictures
10. Requesting or demanding sexual favors
11. Physical assault

If harassment occurs:

1. Anyone who experiences sexual harassment should let the offender know immediately and firmly state that such behavior is unwelcome.
2. Any person who alleges harassment by any faculty, staff, or student at Lake Region State College may file a complaint directly to:
   
   1. Their immediate supervisor
   2. Human Resource Manager
   3. The Vice President for Academic and Student Affairs
   4. The Vice President for Administrative Services
   5. The President
3. The right to confidentiality, both of the complainant and of the accused, will be respected consistent with LRSC’s legal obligations and with the necessity to investigate allegations of misconduct and to take corrective action when this conduct has occurred.
4. The complaint will be documented, investigated, and resolved in accordance with Equal Opportunity Employment guidelines, Title VII, and Title IX principles.
5. Filing a grievance or otherwise reporting sexual harassment will not reflect upon the individual’s status nor will it affect future employment, grades, or work assignments.

Employee Responsibilities
All employees are required to prevent sexual/unlawful harassment in the workplace. Employees must immediately report any perceived incident of harassment or retaliation.

Supervisor Responsibilities
Supervisors are responsible to make every effort to prevent sexual/unlawful harassment in their respective work areas. Supervisors must take immediate action to deal effectively with harassment and inappropriate behavior once such behavior has been brought to the supervisor’s attention. This includes documenting the incident, reporting it to their supervisor or the Human Resource Manager, and initiating an investigation when directed.

LRSC will investigate complaints of harassment or inappropriate behavior in a timely, thorough, and discreet manner and will take appropriate corrective and disciplinary action.

Institutions under the control of the State Board of Higher Education shall not discipline or impose sanctions on any students for harassing conduct or expression unless the speech meets the definition of either student-on-student harassment or student-on-student discriminatory harassment. LRSC may not utilize the disciplinary process to sanction or discipline student speech that constitutes protected conduct except as provided in those definitions. 

Notwithstanding, LRSC may respond to student-on-student speech or expression which does not meet these definitions by taking constructive, non-punitive actions to promote a welcoming, inclusive environment.

Sanctions:

1. A substantiated charge against a faculty or staff member at LRSC will be dealt with through disciplinary procedures up to and including, termination.
2. A substantiated charge against a student at LRSC will be dealt with according to student disciplinary procedures, including suspension or expulsion.
3. Anyone who is found to have intentionally made a false report of harassment or who fails to cooperate in the investigation of a complaint will be subject to disciplinary actions up to and including termination, suspension, or expulsion.

History

Administrative Council Approved 04/25/00
Administrative Council Approved 07/07/15
Administrative Council Approved 03/23/16
Administrative Council Approved 06/30/21

Lake Region State College discourages consensual relationships, i.e., amorous, romantic, or sexual relationships, between faculty and students, staff and students, supervisors and subordinates, and students who have an authority relationship over other students. This policy is in effect when one individual has a control, power, authority, or responsibility position over another.  Lake Region State College expressly prohibits any form of sexual harassment of employees and students when a previous consensual relationship ceases to exist or such a relationship is rejected by one of the parties.

If the parties do engage in a consensual relationship as defined above, the person in the authority position is obligated to report the relationship to his or her department head or supervisor immediately. Failure to report the relationship or any significant delay in reporting may be cause for disciplinary action. Documentation of the reporting and any subsequent actions taken by the department head or supervisor, such as advising the parties of the potential for sexual harassment charges if the relationship ends, is required.

History

Administrative Council Approved 07/07/08
Administrative Council Approved 07/17/15

1)    It shall be the policy of the State Board of Higher Education, the North Dakota University System, and Lake Region State College to fully comply with all aspects of Title IX of the Education Amendments of 1972 and the regulations promulgated under its authority. This policy shall not govern compliance with any other anti-discrimination or anti-harassment statute, rule, or regulation. Failure by an employee of the SBHE, NDUS, or Lake Region State College to comply with the requirements of Title IX or this policy may constitute a violation of Policy 308.1 – Code of Conduct or LRSC Policy 1500.05 – Code of Conduct. Nothing in this Policy should be read to require fewer due process safeguards than would otherwise be provided by SBHE Policy 514.

Lake Region State College prohibits all crimes of sexual misconduct as defined in this policy. For the purposes of complying with the requirements of this policy, any incident meeting these definitions are considered a crime for the purpose of Clery Act reporting.    

2)    Definitions. For the purpose of this policy, the listed terms shall have the following definitions: 

a.    Actual Knowledge. Notice of sexual harassment or allegations of sexual harassment to Lake Region State College’s Title IX Coordinator or any Lake Region State College official with authority to institute corrective measures on the Lake Region State College’s behalf. 
b.    Advisor.  A person chosen by a party or appointed by Lake Region State College to accompany the party to meetings related to the resolution process, to advise the party on that process, and to conduct cross-examination for the party at the hearing, if any.
c.    Complainant. An individual who is alleged to be the victim of conduct which could, after investigation, constitute sexual harassment.
d.    Consent. Words or actions showing a clear, knowing and voluntary agreement to engage in sexual activity.
      i.    Consent from sexual partners must be obtained. If confusion or ambiguity on the issue of consent arises anytime during sexual activity, consent must be clarified.
     ii.    Consent may not be inferred from: 
            1.    Silence, passivity or lack of active resistance.  
            2.    A current or previous dating or sexual relationship.  
     iii.    Consent to one form of sexual activity does not imply consent to other forms of sexual activity.
     iv.    Consent can be withdrawn by clear communication at any time.
e.    Dating Violence. Includes but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not include acts covered under the definition of domestic violence. Dating violence is violence committed by the respondent:
    i.    Who is or has been in a romantic or intimate relationship with the complainant; and
    ii.    Where the existence of such a relationship shall be determined by considering the length of the relationship, the type of relationship, and the frequency of interactions between the complainant and respondent.
f.    Day.  A business day when Lake Region State College is in normal operation.
g.    Deliberate Indifference.  When Lake Region State College’s response to sexual harassment is clearly unreasonable in light of the information known to Lake Region State College at the time.
h.    Domestic Violence.  Violence committed by the respondent, who is:
    i.    a current or former spouse or intimate partner of the complainant,
    ii.    a person with whom the complainant shares a child in common,
    iii.    cohabiting with or has cohabited with the victim as a spouse or intimate partner,
    iv.    similarly situated to a spouse of the complainant under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred,
    v.    by any other person against an adult or youth victim who is protected from that person’s acts under the domestic or family violence laws of the jurisdiction in which the crime of violence occurred, or
    vi.    any person against whose acts the complainant is protected by N.D.C.C. ch. 14-07.1.
i.    Education program or activity. Includes locations, events, or circumstances where Lake Region State College exercises substantial control over both the respondent and the context in which the sexual harassment occurs, as well as in any building owned or controlled by a student organization that is officially recognized by Lake Region State College. 
j.    Fondling.  The touching of the private body parts of another person for the purpose of sexual gratification, without the consent of the victim, including instances where the victim is incapable of giving consent because of his/her age or because of his/her temporary or permanent mental incapacity.
k.    Formal Complaint.  A document filed by a complainant (which either contains the complainant’s signature or indicates that the complainant is the one filing the complaint) or signed by the Title IX Coordinator alleging sexual harassment against a respondent and requesting that Lake Region State College investigate.
l.    Incest.  Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
m.    Rape.  Penetration, no matter how slight, of the vagina or anus of the complainant with any body part or object by the respondent, or oral penetration of the complainant by a sex organ of the respondent, without the consent of the complainant.
n.    Respondent. An individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment. 
o.    Sexual Assault.  Either rape, fondling, incest, statutory rape, or any of the sexual offenses listed in N.D.C.C. ch. 12.1-20 or by the FBI’s Uniform Crime Reporting system.
p.    Sexual Harassment.  Conduct, on the basis of sex, constituting one (or more) of the following:
    i.    An employee of Lake Region State College conditioning the provision of an aid, benefit, or service of Lake Region State College on an individual’s participation in unwelcome sexual conduct.
    ii.    Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to Lake Region State College’s education program or activity;              or
    iii.    Sexual assault, dating violence, domestic violence, or stalking, as defined in this section.
q.    Sexual Offense. Any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent.
r.    Stalking.  Engaging in a course of conduct directed at a specific person that would cause a reasonable person to (a) fear for his or her safety or the safety of others; or (b) suffer substantial emotional distress.
     i.    Course of conduct means two or more acts, including, but not limited to, acts which the stalker directly, indirectly, or through third parties, by any action, method, device, or means follows, monitors, observes, surveils, threatens, or communicates to or about, a person, or interferes with a person’s property.
    ii.    Reasonable person means a reasonable person under similar circumstances and with similar identities to the victim.
    iii.    Substantial emotional distress means significant mental suffering or anguish that may, but does not necessarily, require medical or other professional treatment or counseling.
s.    Statutory Rape.  Sexual intercourse with a person who is under the statutory age of consent.  In North Dakota the statutory age of consent is eighteen (18).
t.    Supportive Measures.  Non-disciplinary, non-punitive individualized services offered as appropriate (as reasonably available) and without fee or charge to the complainant or respondent.

3)    Title IX Coordinator.  An official designated by Lake Region State College to ensure compliance with Title IX and the Title IX program. References to the Coordinator throughout this policy may also encompass a designee of the Coordinator for specific tasks.  

a.    Title IX Coordinator, Sandi Lillehaugen – Main Campus, Office 120; 701-662-1543; a.    Sandra.Lillehaugen@lrsc.edu
b.    Title IX Deputy Coordinator, Brandi Nelson – Main Campus, Office 119; 701-662-1509; Brandi.Nelson@lrsc.edu

The Title IX Coordinator acts with independence and authority free from bias and conflicts of interest. The Title IX Coordinator oversees all resolutions under this policy and these procedures. The members of the Title IX Team are vetted and trained to ensure they are not biased for or against any party in a specific case, or for or against complainants and/or respondents, generally.        
To raise any concern involving bias, conflict of interest or discrimination by the Title IX Coordinator, contact the Lake Region State College Vice President of Academic and Student Affairs, Lloyd Halvorson, 701-662-1681; Lloyd.Halvorson@lrsc.edu. Concerns of bias or a potential conflict of interest by any other Title IX Team member should be raised with the Title IX Coordinator. 

4)    Mandated Reporters.  All Lake Region State College employees (faculty, staff, administrators) are required to report actual or suspected discrimination or harassment related to Title IX to appropriate officials immediately. 
The following describe the reporting options at Lake Region State College for a complainant or third-party (including parents/guardians when appropriate):

a.    Confidential Resources.  If a complainant would like the details of an incident to be kept confidential, the complainant may speak with: 
    i.    LRSC professional counselors and intern
    ii.    Off-campus (non-employees):
        ⦁    Licensed professional counselors and other medical providers
        ⦁    Local rape crisis counselors
        ⦁    Domestic violence resources 
        ⦁    Local or state assistance agencies 
        ⦁    Clergy/Chaplains
        ⦁    Attorneys

All of the above-listed individuals will maintain confidentiality when acting under the scope of their licensure, professional ethics, and/or professional credentials, except in extreme cases of immediacy of threat or danger or abuse of a minor/elder/individual with a disability, or when required to disclose by law or court order. 

Lake Region State College employees who must maintain confidentiality are still required to submit anonymous statistical information for Clery Act purposes unless they believe it would be harmful to their client or patient.  

5)    Title IX Policy.  Lake Region State College will notify applicants for admission and employment, students, and employees of its Title IX Policy.

a.    This notification states:
     i.    Lake Region State College does not discriminate on the basis of sex in its education program or activity.
     ii.    Title IX and 34 C.F.R. 106 require Lake Region State College not to discriminate on the basis of sex.
     iii.    This requirement to not discriminate extends to admission and employment.
      iv.    All inquiries about the application of Title IX and 34 C.F.R. 106 to Lake Region State College should be referred to the Title IX Coordinator, the Department of Education’s Assistant Secretary for Civil Rights, or both.
b.    This policy will be displayed on the LRSC website and in the Student Handbook.

6)    Grievance Procedures.  Lake Region State College has adopted and published grievance procedures that provide for the prompt and equitable resolution of student and employee complaints alleging sexual harassment or sex discrimination, and a grievance process that complies with this policy. These grievance procedures shall only apply to sex discrimination and sexual harassment occurring within the United States. 

a.    Lake Region State College shall notify applicants for admission and employment, students, and employees of the Lake Region State College’s grievance procedures and grievance process, including, but not limited to, how to report or file a complaint of sex discrimination, how to report or file a formal complaint of sexual harassment, and how Lake Region State College will respond. 

7)    Method of Reporting.  Any person may report violation of this policy. Such report may be made in person, by mail, by telephone, or by email, using the Title IX Coordinator’s contact information or any other means which results in the Title IX Coordinator receiving the report, regardless of the time of day. Reporters have the option to notify law enforcement authorities, to be assisted by campus authorities in notifying law enforcement authorities.

8)    Preservation of Evidence.  Individuals are strongly encouraged to take immediate steps to preserve all evidence that might support a future report or an investigation by the police, by LRSC, or both. Such evidence may include:

a.    forensic sexual assault examination,
b.    clothing, sheets or other materials (items containing bodily fluids should be stored in cardboard boxes or paper bags),
c.    electronic exchanges (e.g., text messages, emails, and Facebook, Instagram, Snapchat or other social media posts, to the extent that they can be captured or preserved),
d.    photographs (including photographs stored on smartphones and other devices),
e.    voice-mail messages and other physical, documentary and/or electronic data that might be helpful or relevant in an investigation, and/or
f.    electronic and photographic evidence that may be lost through the upgrade or replacement of equipment (including smartphones), software and/or accounts or may simply be lost to the passage of time.

9)    Equitable Treatment.  At all times, Lake Region State College will treat complainants and respondents equitably by following a grievance process which complies with this policy before the imposition of disciplinary sanctions, and by providing remedies to a complainant if a respondent is found to be responsible for sexual harassment.

10)    Rights and Options. Individuals have the right to:

a.    make a report to local law enforcement,
b.    have disclosures of sexual misconduct, including dating violence, domestic violence, sexual assault, or stalking, treated seriously,
c.    decide whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressure by LRSC,
d.    participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard,
e.    be treated with dignity and to receive courteous, fair, and respectful health care and counseling services, 
f.    be free from any suggestion that a complainant is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations,
g.    not be required to unnecessarily repeat a description of the incident,
h.    be protected from retaliation,
i.    have access to at least one level of appeal of a determination,
j.    be accompanied by an adviser of choice who may assist and advise a complainant or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process, and
k.    exercise civil rights and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process, and
l.    receive written notification of this policy.

11)    Pre-Grievance Process.

a.    Timing. This grievance process shall be carried out using reasonably prompt time frames, including time frames for filing and resolving appeals, and for informal resolution processes if offered. Notwithstanding, temporary delays or extensions of the time frames must be offered for good cause, with written notice to the parties setting forth the cause for the action.
    i.    Good cause. May include considerations such as the absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity; or the need for accommodations for language or disability.
b.    Actual Knowledge of Sexual Harassment. With or without the filing of a formal complaint, once Lake Region State College has actual knowledge of sexual harassment within its educational program or activity in the United States, Lake Region State College must respond promptly and without deliberate indifference pursuant to this policy and any applicable policies.
    i.    Once Lake Region State College has actual knowledge of sexual harassment, the Title IX Coordinator or designee must contact the complainant and:

a.    Discuss the availability of supportive measures.
b.    Consider the complainant’s wishes regarding supportive measures.
c.    Inform the complainant that supportive measures are available with or without the filing of a formal complaint; and
d.    Explain the process of filing a formal complaint.
     ii.    No disciplinary sanctions or other actions which are not supportive measures may be imposed against a respondent prior to the conclusion of the grievance process.
c.    Supportive Measures. Lake Region State College may offer the complainant supportive measures designed to restore or preserve equal access to the education program or activity without unreasonably burdening the respondent, including measures designed to protect the health and safety of both parties or the educational environment, or to deter further sexual harassment.

 i.    Examples of Permissible Supportive Measures. Lake Region State College must tailor any supportive measures to the parties’ situations. Some possible supportive measures include, but are not limited to:

a.    Counseling;
b.    Extensions of deadlines or other course-related adjustments;
c.    Modifications of work or class schedules;
d.    Campus escort services;
e.    Mutual restrictions on contact between the parties;
f.    Changes in work or housing locations;
g.    Leaves of absence; and
h.    Increased security or monitoring of certain areas of campus.

ii.    Lake Region State College must maintain confidentiality with respect to supportive measures unless disclosure is required to implement the supportive measures.
iii.    The Title IX Coordinator shall coordinate the effective implementation of supportive measures.
iv.    Supportive measures may not restrict any party’s rights under the United States Constitution.

d.    Emergency Removal.  Lake Region State College may remove a respondent from the education program or activity on an emergency basis, provided that the Lake Region State College determines, based on an individualized safety and risk analysis, that an immediate threat to the physical health or safety of any student or other individual arising from the allegations of sexual harassment justifies removal.
i.    Lake Region State College must provide the respondent with notice and an opportunity to challenge the decision immediately following the removal.
e.    Administrative Leave.  Lake Region State College may place a non-student employee respondent on administrative leave during the pendency of a grievance process.

12)    Grievance Process.

a.    Formal Complaint and Notice of Allegations.

i.    Once a formal complaint is received by Lake Region State College, they must provide the following written notice to the known parties:

a.    Notice of the grievance process, including any informal resolution process.
b.    Notice of the allegations of sexual harassment, including:

i.     Sufficient details known at the time and with sufficient time to prepare a response, including, but not limited to, the names of the parties, the conduct allegedly constitution sexual harassment, and the date and location of the alleged conduct.

c.    A statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility is made at the conclusion of the grievance process.
d.    A statement that the parties may have an advisor of their choice, who may be an attorney, and may inspect and review evidence. The statement should also indicate that if the party does not have an advisor of choice, Lake Region State College will appoint an advisor to assist with cross-examination for the live hearing.
e.    Notice of any provisions in Lake Region State College’s code of conduct that prohibits knowingly making false statements or knowingly submitting false information during the grievance process.

ii.    If during the course of the grievance process, additional allegations are added to the investigation which were not included in the initial notice, Lake Region State College must provide notice of the additional allegations to the parties.

b.    Advisors.

i.    Parties to a grievance proceeding must be afforded the opportunity to select the advisor of their choice to assist them during the proceeding, including during the live hearing.
ii.    If a party does not choose an advisor, Lake Region State College shall provide the party with an advisor. At minimum, Lake Region State College shall provide an advisor to conduct the party’s cross-examination at the hearing. However, nothing in this policy or the Title IX regulations should be read to prohibit Lake Region State College to provide an advisor for the full duration of the grievance process, provided that the parties are treated equally as to timing insofar as Lake Region State College appoints advisors for both parties.
iii.    Lake Region State College is not required to provide attorneys to parties to act as advisors, but appointed advisors should be provided with access to appropriate training to ensure an understanding of the grievance process, though the same training provided to Title IX Coordinators, decision-makers, and investigators is not required.
iv.    Lake Region State College is not required to attempt to create equality of advisors between the parties, particularly where one party selects an outside advisor, but should endeavor to seek parity of advisors where Lake Region State College provides advisors to both parties.

a.    Member Roles.  Lake Region State College has trained Title IX members to serve in the following roles, at the direction of the Title IX Coordinator:

i.    To provide appropriate intake of and initial guidance pertaining to complaints
ii.    To act as an advisor to the parties
iii.    To investigate complaints
iv.    To serve as a hearing facilitator
v.    To serve as a decision-maker regarding the complaint
vi.    To serve on an appeal panel

b.    Investigation.

i.    Lake Region State College is required to investigate every filed formal complaint unless the complaint is subject to dismissal, below.
ii.    At all times, the burden of proof and the burden of gathering evidence sufficient to make a determination regarding responsibility rests on Lake Region State College, and they may not seek to shift that burden to the parties.

a.    Notwithstanding, Lake Region State College may not restrict the parties’ ability to discuss the allegations or to gather or present relevant evidence.

iii.    At all times, Lake Region State College shall observe a presumption that respondent is not responsible for the alleged conduct until and unless there is a determination of responsibility at the conclusion of the grievance process.
iv.    Lake Region State College may not access, consider, disclose, or otherwise use a party’s medical records made or maintained in connection with the provision of treatment to the party, unless voluntary, written consent to do so is provided by the party (or the party’s parent, if the party is not eligible to provide consent).
v.    Lake Region State College may not require, allow, rely upon, or otherwise use evidence that constitutes, or questions that seek disclosure of, information protected under a legally recognized privilege, unless that privilege is waived.
vi.    Lake Region State College must provide to the parties written notice of the date, time, location, participation, and purpose of all hearings, investigative interviews, or other meetings, with sufficient time for the party to prepare.
vii.    The parties must be afforded an equal opportunity to have others present during any grievance proceeding, including their advisor, though Lake Region State College may establish restrictions regarding the extent to which the advisor may participate in the proceedings, so long as the restrictions apply equally to both parties and comply with this policy.
viii.    Both parties must have an equal opportunity to inspect and review any evidence obtained as part of the investigation related to the allegations raised in a formal complaint, including any evidence upon which Lake Region State College does not intend to rely in reaching a determination of responsibility and any inculpatory or exculpatory evidence, from whatever source.
ix.    At least 10 days prior to the preparation of the investigative report, Lake Region State College must provide each party and the party’s advisor the evidence obtained in the investigation in an electronic format or hard copy. The parties may submit a written response to the evidence, which the investigator shall consider prior to completion of the investigative report.
x.    At the conclusion of the investigation, the investigator must create an investigative report that fairly summarizes the relevant evidence. At least 10 days prior to the hearing, the investigator must send a copy of the investigative report to each party and the party’s advisor, if any, for review and written response.

c.    Dismissal.

i.    Mandatory Dismissal.

a.    Lake Region State College must dismiss the formal complaint if, at any time during the investigation or hearing:

ii.    The conduct alleged would not constitute sexual harassment as defined in this policy even if proved;
iii.    The conduct alleged did not occur in the education program or activity; or; 
iv.    The conduct alleged did not occur against a person in the United States.

ii.    Permissive Dismissal.

a.    Lake Region State College may dismiss the formal complaint if, at any time during the investigation or hearing:

i.    A complainant notifies the Title IX Coordinator, in writing, that the complainant would like to the withdraw the formal complaint or any allegations contained in the formal complaint;
ii.    The respondent is no longer enrolled or employed by Lake Region State College; or
iii.    Specific circumstances prevent Lake Region State College from gathering evidence sufficient to reach a determination as to the formal complaint or allegations in the formal complaint.

b.    In the event that a formal complaint is permissively dismissed, Lake Region State College should consult with its legal counsel prior to taking action under another provision of its code of conduct to avoid taking actions constituting retaliation.

iii.    Notice of Dismissal. Upon a dismissal pursuant to this section, Lake Region State College must promptly send written notice of the dismissal and reasons therefore to both parties simultaneously.

f.    Consolidation of Formal Complaints. Lake Region State College may consolidate formal complaints against more than one respondent, by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of sexual harassment arise out of the same facts or circumstances.
g.    Live Hearing.

i.    The grievance process must provide for a live hearing after the completion of the investigative report. All evidence obtained by the investigator as part of the investigative process must be made available to the parties and the decision-maker at the live hearing.
ii.    The live hearing will be presided over by the decision-maker, who will not be the investigator or the Title IX Coordinator.

a.    The decision-maker may be one individual or more than one individual as set by Lake Region State College. 

iii.    At the request of either party, the hearing must be conducted with the parties located in separate rooms with technology enabling the decision-maker and parties to simultaneously see and hear the party or witness answering questions. Hearings may be conducted with all parties physically present in the same geographic location, or, any parties, witnesses, and other participants may appear at the live hearing virtually, so long as the participants are able to simultaneously see and hear each other.
iv.    At the live hearing, the decision-maker must permit each party’s advisor to ask the other party and any witnesses all relevant questions and follow-up questions, including those questioning credibility. This cross-examination must be conducted directly (the questions may not be asked by the decision-maker), orally, and in real time by the party’s advisor and never by a party personally.

a.    Prior to a party or witness answering a question, the decision-maker must rule on the relevance of the question and explain any decision to exclude a question as not relevant.
b.    Decision-makers may request, but may not require, that questions by the parties be submitted in advance, to permit the decision-maker to rule on the relevance of questions.
c.    Lake Region State College may limit the extent to which the party’s advisor may participate in the hearing by Lake Region State College.

v.    Rape Shield. Questions and evidence about the complainant’s sexual predisposition or sexual history are not relevant, unless such questions are offered to prove that someone other than the respondent committed the alleged conduct, or regard specific incidents of the prior sexual behavior with respect to the respondent, and are offered to prove consent.
vi.    Cross-Examination. If a party or witness does not submit to cross-examination at the live hearing, the decision-maker must not rely on any statement of that party or witness in reaching a determination regarding responsibility.  Decision-makers may not draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence or refusal to answer cross-examination or other questions. There are no exceptions to this exclusion as there are in legal proceedings.
vii.    Hearing Decorum. Decision-makers may enforce rules to ensure hearing decorum, such as requiring respectful treatment, specifying any objection process, governing timing of hearing and length of breaks, etc.
viii.    Lake Region State College must create an audio or audiovisual recording, or transcript, of any live hearing and make it available to the parties for inspection and review.

h.  Determination Regarding Responsibility.

i.    Standard of Evidence. All decisions in grievance processes under Title IX shall require a determination of responsibility based on the preponderance of the evidence.
ii.    After the conclusion of the live hearing, the decision-maker must issue a written determination regarding responsibility, which must include:

a.    Identification of the allegations potentially constituting sexual harassment;
b.    Description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather evidence, and hearings held;
c.    Findings of fact supporting the determination;
d.    Conclusions regarding the application of the Lake Region State College’s code of conduct to the facts;
e.    A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any disciplinary sanctions to be imposed on the respondent, and whether remedies will be provided to the complainant; and
f.    The procedures, timelines, and permissible bases for the complainant and respondent to appeal.

iii.    The written determination must be provided to the parties simultaneously. The determination regarding responsibility becomes final either on the date that notice of the result of any appeal is provided to the parties, if an appeal is filed, or if an appeal is not filed, the date on which an appeal would no longer be considered timely.
iv.    The Title IX Coordinator shall be responsible to implement any remedies provided by the written determination.

13)    Disciplinary Sanctions.  Disciplinary sanctions imposed after the conclusion of the grievance process shall be assessed pursuant to the Lake Region State College’s code of conduct, student handbook, employee handbook, or similar document which sets possible disciplinary sanctions for violations of Title IX or code of conduct, and shall be proportional to the determination of responsibility. These may include, but are not limited to:

a.    Written warning
b.    Limited access to campus
c.    Suspension or expulsion
d.    Counseling or training
e.    Restitution
f.    Performance improvement
g.    Loss of privileges or wages
h.    Class or job reassignment
i.    Termination

14)    Remedies.  Remedies offered after the conclusion of the grievance process on a finding of responsibility must be designed to restore or preserve equal access to the education program or activity. Remedies need not be non-disciplinary or non-punitive and need not avoid burdening the respondent.

15)    Appeals.

a.    Both parties must be offered the opportunity to appeal from a determination regarding responsibility or from the dismissal of a formal complaint (or any allegations within the formal complaint). The following may form the basis for an appeal:

i.    Procedural irregularity that affected the outcome of the grievance process.
ii.    New evidence that was not reasonably available at the time the determination regarding responsibility or dismissal was made that could have affected the outcome of the matter; or
iii.    The Title IX Coordinator, investigator(s), or decision-maker(s) had a conflict of interest or bias for or against complainants or respondents generally or for or against the individual complainant or respondent, that affected the outcome of the grievance process.
iv.    Other basis set forth in the campus-level processes, but which must be offered equally to both parties (for example, an appeal based on the severity of the sanctions).

b.    Upon filing of an appeal, Lake Region State College must:

i.    Notify the non-appealing party in writing when an appeal is filed and implement appeal procedures equally for both parties.
ii.    Ensure that the appeal’s decision-maker is not the same person as the decision-maker that reached the determination regarding responsibility or dismissal, the investigator, or the Title IX Coordinator.
iii.    Give both parties a reasonable, equal opportunity to submit a written statement in support of, or challenging, the outcome.
iv.    Issue a written decision describing the result of the appeal and the rationale for the result; and
v.    Provide the written decision simultaneously to both parties.

c.    In the event that a disciplinary sanction of suspension or expulsion is imposed by the decision-maker, Lake Region State College shall provide a method of reviewing an appeal from a determination regarding responsibility or dismissal for a period of at least one year following the original decision. Lake Region State College may set a shorter deadline for appeals from lesser discipline or for appeals filed by the complainant.

16)    Informal Resolution.  Lake Region State College may not require as a condition of enrollment or continuing enrollment, or employment or continuing employment, or enjoyment of any other right, a waiver of the right to an investigation and adjudication of formal complaints, and may not require the parties to participate in an informal resolution process.  Similarly, Lake Region State College may not offer an informal resolution process unless a formal complaint is filed. Notwithstanding, at any time before the written determination is issued, Lake Region State College may facilitate an informal resolution process that does not involve a full investigation and adjudication, so long as Lake Region State College:

a.    Provides the parties a written notice disclosing the allegations, the requirements of the informal resolution process including the circumstances under which it precludes the parties from resuming a formal complaint arising from the same allegations, provided, however, that at any time prior to agreeing to a resolution, any party has the right to withdraw from the informal resolution process and resume the grievance process with respect to the formal complaint, and any consequences resulting from participating in the informal resolution process, including the records that will be maintained or could be shared;
b.    Obtains the parties’ voluntary, written consent to the informal resolution process; and
c.    Does not offer or facilitate an informal resolution process to resolve allegations that an employee sexually harassed a student.

17)    Amnesty for Complainants and Witnesses.  Lake Region State College community encourages the reporting of misconduct and crimes by complainants and witnesses. It is in the best interests of Lake Region State College community that complainants choose to report misconduct to Lake Region State College officials, that witnesses come forward to share what they know, and that all parties be forthcoming during the process. 

To encourage reporting and participation in the process, Lake Region State College will grant amnesty from minor policy violations – such as underage consumption of alcohol or the use of illicit drugs – related to the incident to complainants and witnesses.

Amnesty does not apply to more serious allegations such as physical abuse of another or illicit drug distribution. The decision not to offer amnesty to a respondent is not based on gender, but on the fact that collateral misconduct is typically addressed for all students within a progressive discipline system, and the rationale for amnesty, the incentive to report serious misconduct, is rarely applicable to the respondent.

18)    Jurisdiction.  This policy applies to all education programs and activities of the Lake Region State College, to conduct that takes place on the campus or on property owned or controlled by Lake Region State College, at Lake Region State College-sponsored events, or in buildings owned or controlled by Lake Region State College’s recognized student organizations. The respondent must be a member of Lake Region State College’s community in order for its policies to apply.
Jurisdiction for off-campus misconduct that deprives someone of access to a Lake Region State College educational program or activity will also be investigated. Lake Region State College may also extend jurisdiction to off-campus and/or to online conduct when the Title IX Coordinator determines that the conduct affects a substantial Lake Region State College interest. 
Regardless of where the conduct occurred, Lake Region State College will address Title IX related notice/complaints to determine whether the conduct occurred in the context of its employment or educational program or activity and/or has continuing effects on campus or in an off-campus sponsored program or activity. A substantial Lake Region State College interest includes:

a.    Any action that constitutes a criminal offense as defined by law. This includes, but is not limited to, single or repeat violations of any local, state, or federal law.
b.    Any situation in which it is determined that the respondent poses an immediate threat to the physical health or safety of anyone.
c.    Any situation that significantly impinges upon the rights, property, or achievements of oneself or others or significantly breaches the peace and/or causes social disorder; and/or
d.    Any situation that is detrimental to the educational interests or mission of Lake Region State College.

If the respondent is unknown or is not a member of Lake Region State College community, the Title IX Coordinator will assist the complainant in identifying appropriate campus and local resources and support options and/or, when criminal conduct is alleged, in contacting local or campus law enforcement if the individual would like to file a police report. 

When the respondent is not a member of the Lake Region State College’s community, supportive measures, remedies, and resources may be accessible to the complainant by contacting the Title IX Coordinator.

Lake Region State College may take other actions as appropriate to help protect the complainant against third parties, such as barring individuals from Lake Region State College property and/or events. 

When the respondent is enrolled in or employed by another NDUS institution, the Title IX Coordinator will assist the complainant with the reporting process at that institution.

19)    Bystander Intervention. To create cultural change on campus, it’s important that the entire campus community is actively addressing issues contributing to sexual violence. Here are some safe and positive options for bystanders:

a.    Talk to your friends honestly and openly about sexual assault.
b.    Don’t be a bystander – if you see something, intervene in any way you can.
c.    Trust your gut. If something looks like it might be a bad situation it probably is.
d.    Be direct. Ask someone who looks like they may need help if they’re okay.
e.    Get someone to help you if you see something – enlist a friend, RA, bartender, or host to help step in.
f.    Keep an eye on someone who has had too much to drink.
g.    If you see someone who is too intoxicated to consent, enlist their friends to help them leave safely.
h.    Recognize the potential danger of someone who talks about planning to target another person at a party.
i.    Be aware if someone is deliberately trying to intoxicate, isolate, or corner someone else.
j.    Creating a distraction, drawing attention to the situation, or separating them.
k.    Understand that if someone does not or cannot consent to sex, it’s rape.
l.    Never blame the victim.
m.    If you are a victim or survivor, or helping someone in that situation go to m.    www.notalone.gov to get the resources and information you need. You can also call the National Sexual Assault Hotline at 1-800-656 HOPE.

20)    Training.  LRSC will engage in and require prevention and awareness training for students and employees who live, learn and/or work on the LRSC campus.  Annual training for LRSC’s conduct and misconduct policies will be provided. Student training will focus on how to file a misconduct complaint, discussion on consent and incapacitation, resources available, complaint procedures, and bystander intervention.  Employee training will focus on how to appropriately respond to misconduct complaints, the procedures to file a complaint and the importance of confidentiality.  More comprehensive training will be provided to Title IX coordinators, investigators and others involved in the adjudication process.

a.    All persons involved in the grievance process, including, but not necessarily limited to, Title IX Coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process, must receive training on the following areas:

i.    The definition of sexual harassment;
ii.    The scope of the education program or activity;
iii.    How to conduct an investigation and grievance process, including hearings, appeals, and informal resolution processes, as applicable;
iv.    How to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias.

b.    Additionally, decision-makers must receive training on the following areas:

i.    Any technology to be used at a live hearing.
ii.    Issues of relevance or questions and evidence, including when questions about the complainant’s sexual predisposition or prior sexual behavior are not relevant.

c.    Investigators must also be trained on issues of relevance to create an investigative report that fairly summarizes relevant evidence.
d.    All materials used to train the foregoing individuals must not rely on sex stereotypes and must promote impartial investigations and adjudications of formal complaints.
e.    All training materials used to train the foregoing individuals must be made available to the public by posting on the Lake Region State College’s website.

21)    Recordkeeping.

a.    Lake Region State College shall retain, for a period of seven years, records of:

i.    Each sexual harassment investigation, including any determination regarding responsibility; any audio or audiovisual recording or transcript; any disciplinary sanctions imposed on the respondent, and any remedies provided to the complainant.
ii.    Any appeal and the result therefrom.
iii.    Any informal resolution and the result therefrom.
iv.    All materials used to train Title IX coordinators, investigators, decision-makers, and any person who facilitates an informal resolution process, which Lake Region State College must make available on its website.

b.    Lake Region State College must create and maintain for seven years, records of any actions, including records of supportive measures, taken in response to a report or formal complaint of sexual harassment. In each instance, Lake Region State College must document the basis for its response was not deliberately indifferent, and document that it took supportive measures, or, if supportive measures were not provided, an explanation of why such a response was not clearly unreasonable in light of the known circumstances.

22)    Retaliation.

a.    No institution or other person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by title IX or this part, or because the individual has made a report or complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing under this part.
b.    Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of sex discrimination, or a report or formal complaint of sexual harassment, for the purpose of interfering with any right or privilege secured by title IX or this part, constitutes retaliation.
c.    The exercise of rights protected under the First Amendment does not constitute retaliation.
d.    Charging an individual with a code of conduct violation for making a materially false statement in bad faith in the course of a grievance proceeding does not constitute retaliation, although a determination regarding responsibility, alone, is not sufficient to conclude that any party made a materially false statement in bad faith.
e.    Complaints alleging retaliation may be filed pursuant to the grievance procedures for sex discrimination under Title IX.

23)    Resources for Support. Confidential access to resources, reporting options, services, advocacy and medical treatment is available through on campus counseling, off-campus advocates and counselors, and medical providers. A list of these resources is available on the college website or from the Title IX Coordinator. 

Protection Orders and Restraining Orders are court orders and, thus, Lake Region State College is not able to issue them. LRSC will assist both the respondent and the complainant (or any member of the LRSC community impacted by an order of protection), by helping the parties understand the availability of an order, the potential content and parameters of an order, and the consequences for violating an order. LRSC will also assist a protected party in determining the arrest of an individual violating an order of protection.

24)    Confidentiality.  Notwithstanding Chapter 44-04 of the North Dakota Century code, the identity of any individual who has made a report or complaint of sex discrimination or sexual harassment, any complainant, any respondent, and any witness, including the conduct of any investigation, hearing or judicial proceeding arising thereunder, shall be confidential.

25)    Federal Timely Warning Obligations.  The Clery Act requires Lake Region State College to issue a timely warning for any violation that poses a serious or continuing threat to the campus community. This includes Title IX violations such as rape, sexual assault, domestic violence, dating violence, and/or stalking. 

Lake Region State College will ensure that a complainant’s name and other identifying information is not disclosed, while still providing enough information for community members to make safety decisions in light of the potential danger.

26)    Policy Conflicts.  Any conflicts between this Policy and any existing SBHE Policy, NDUS Procedure, Lake Region State College policy or procedure, or student or employee handbook shall be resolved in favor of this policy.

History 
Administrative Council Approved 07/09/15 
Administrative Council Approved 1500.09 (9) 12/21/15 
Administrative Council Approved (3,e & o) 03/23/16 
Administrative Council Approved 10/09/17 
Administrative Council Approved 07/09/19 
Administrative Council Approved 08/12/20
 Administrative Council Approved 09/17/21 
Administrative Council Approved 09/28/23 

LRSC does not discriminate against students on the basis of sex, including a student’s pregnancy, childbirth, false pregnancy, termination, or recovery therefrom. This policy will apply to all students regardless of gender or marital status.

Student Responsibility
If a student will be requesting accommodations, the student should initiate discussions with their advisor and instructors as soon as possible, but no later than three months prior to the anticipated delivery date. If adopting a child, this discussion should take place as soon as possible.

Depending on the academic program, timing of birth/adoption, and level of support necessary to care for a newborn, a student may find it more advantageous, both academically and personally, to withdraw from school rather than utilizing this policy. It is the student’s decision to stay in school or withdraw.

LRSC Responsibility
LRSC will educate students and employees about the Title IX requirements related to excused absences. LRSC will provide pregnant students with the same special services it provides to students with temporary medical conditions. LRSC will require faculty to excuse a student’s absence due to pregnancy or childbirth for as long as the student’s doctor deems necessary. Students will retain their academic and extracurricular status as before the accommodations originated.
LRSC protects pregnant and parenting students from harassment. Complaints of this nature will follow the grievance procedures in Policy 1500.09 (Sexual Misconduct & Title IX Compliance).

Academic Accommodations
The Disability Services Coordinator will work with the student, advisor, and instructors, to create the accommodations plan. The accommodations plan will detail the type of academic engagement and progress expected from the student, as well as, any expectations from the academic program. Students may appeal decisions regarding accommodations. The appeal of the decision must be made in writing and submitted to the Director of Academic Affairs who will have final decision-making authority.

Parenting Students
Parenting students may be allowed excused absences to take their children to doctor’s appointments or to take care of a sick child. It is the student’s responsibility to contact the instructor (prior to the absence whenever possible) to request an excused absence. Students are responsible for mastery of material and completion of assignments missed. Failure to do so may affect grades regardless of the reason for the absence. Should these absences exceed twice the number of credit hours for the course, the student must contact the Disability Services Coordinator.

Athletic Department
All members of the LRSC Athletic Department will follow the NCAA model policy regarding pregnant and parenting student-athletes. The text of that policy will be included in each coach's handbook. 

History

Administrative Council Approved 02/01/16
Administrative Council Approved 05/01/19

Lake Region State College will follow the policies and recommendations of the Center for Disease Control of the U.S. Public Health Service and the North Dakota State Health Department and will work in cooperation with local health authorities to prevent the spread of and promote through education the prevention of significant infectious diseases. Significant infectious diseases for the purposes of this policy are defined as Acquired Immune Deficiency Syndrome (AIDS,) AIDS-Related Complex (ARC,) and Hepatitis B.

1. AIDS: Prohibiting Discriminations Against faculty, staff, students, or others using Lake Region State College services.
   
   1. Notification to Lake Region State College:
      A College employee or student diagnosed as having AIDS and who wishes to be covered by this policy or who requests accommodations should notify the Vice President of Academic and Student Affairs. The Vice President of Academic and Student Affairs shall request the President to convene the Significant Infectious Disease (SID) Committee.
   2. Significant Infectious Disease Committee:
      
      1. The Significant Infectious Disease Committee shall review and make recommendations regarding any reasonable accommodation for or workplace restrictions on a faculty or staff member diagnosed as having AIDS. Similarly, the SID Committee shall review and make recommendations regarding any reasonable accommodations or restrictions on the educational programs or other College activities of a student diagnosed as having AIDS. The College shall abide by the recommendations of the SID Committee, except that the President retains the right to modify or reject the Committee’s recommendations.
      2. The SID Committee shall be composed of the following: The Vice President of Academic and Student Affairs, Ramsey County Public Health Physician, and Affirmative Action Officer, one representative as appropriate from Academic Affairs, Administrative Services, Operations, or Student Affairs. The President shall appoint a chairperson either from the Committee or as the President’s designee.
      3. The Committee shall consult with or request assistance from those College administrators most closely related to the accommodation requested by the individual. Additional assistance or information may be requested from the individual’s physician and from the North Dakota State Health Officer.
   3. Faculty/Staff:
      Faculty or staff members diagnosed as having AIDS shall be protected from discrimination in their employment and shall be considered as handicapped persons with a life-limiting disease as defined by the Rehabilitation Act of 1973.
   4. Students:
      Students diagnosed as having AIDS shall be protected from discrimination in their educational program, housing accommodation, food service, and related student services or opportunities. They shall be considered as handicapped persons with a life-limiting disease.
   5. Services Provided by the College:
      College faculty/staff or students, as a part of their work or educational program, shall not discriminate against AID-diagnosed individuals in services offered, rendered, or provided by the College.
   6. Protocol:
      AIDS-related protocol established by the Center for Disease Control, USPHS, shall serve as the primary but not exclusive source of information in reviewing individual cases. Applicable federal and state laws, rules, and regulations as well as College equal opportunity policies covering handicapping conditions shall be followed in applying this policy.
2. AIDS-Related Complex:
   No special employment or educational discrimination provisions are recommended for persons with AIDS-related complex (ARC).
3. Hepatitis B:
   No special employment or educational discrimination provisions are recommended for persons with hepatitis B except that standard medical protocol for prevention and treatment shall be followed.
4. Preventive Medical Protocol:
   The College shall adopt standard medical preventive protocol procedures to protect specific employee groups or students who may have potential exposure to such significant infectious diseases either in the workplace or in an educational setting.
5. Confidentiality:
   Information regarding any person affected by infectious disease as defined within this policy shall be treated with the same confidentiality as provided for all medical records under College policy. Any request for information regarding persons affected by infectious disease is to be directed to the President who will act as spokesperson for the institution.

 

If you observe a suspicious object or potential bomb on campus, do not touch the object. Clear the area and immediately call 911 then notify the Vice Presidents and President.

• For a bomb threat, immediately call 911 then notify the Vice Presidents and President. Any person receiving a phone call bomb threat should obtain the following information from the caller:
  • When is the bomb going to explode?
  • Where is the bomb located?
  • What kind of bomb is it?
  • What does the bomb look like?
  • Why did you place the bomb?
• Keep talking to the caller as long as possible and record the following:
  • Time of the call.
  • Age and sex of the caller.
  • Speech pattern, accent, possible nationality, etc.
  • The emotional state of the caller.
  • Background noise.

Do not activate the building alarm. Do not touch suspicious objects. Do not open cabinets, drawers, or closets. Do not turn lights or office equipment on or off.

Due to the special nature of a bomb threat, evacuation procedures, rally points, and gathering sites for evacuees are restricted and have not been provided.

When the Police arrive, follow their instructions exactly. Law enforcement personnel, with the help of college personnel, will conduct a search appropriate to the situation.

In the case of a bomb threat, only the President or the President’s designee has the authority to order the evacuation of a facility or part of a facility, or to allow others to enter or remain in an evacuated area. Department heads, faculty, and staff may not order an evacuation or remain in or enter an evacuated area without permission.

Police will often make a recommendation to the President on an appropriate course of action (evacuate, don’t evacuate decisions), however, in the event of an actual emergency where lives and property are in imminent danger, police may order the evacuation of a building, a wing, or the entire campus. All personnel shall follow the instructions given to them by police officers during such an investigation.

For more information, view the Homeland Security Bomb Threat Checklist.
__________________________________________________________________________________

History
Administrative Council Approved 07/27/2022

Lake Region State College will coordinate crisis communications with campus constituents and off-campus communities, including media. The extent of the response will depend on the nature of the crisis and the need for updates. The Director of College Relations also will be the primary spokesperson and media contact. Vice Presidents may also be asked to speak to departments as well.

 If needed or mandated by the President, the Director of College Relations will set up a crisis communication center in its offices to remain open 24 hours a day during a crisis. If the President is unavailable, one of the Vice Presidents will serve as lead college official. During an emergency, the Director of College Relations and/or President will serve as the college’s spokesperson. College employees, including student employees, will be given the spokesperson’s name and phone number for referral of media phone calls.

The Director of College Relations is responsible for setting up media conferences. When a press conference is called, the President and Director of College Relations will attend, as well as any third parties to assist with their questions. Media will be required to check in with the President’s Office prior to media conferences.

Members of the crisis team may be available for interviews related to their specific areas with the assistance of the Director of College Relations.

Phases of Response:

1. Instant Response
   
   1. The President’s Office, working with the Director of College Relations will provide official statements and updates to employees and students.
   2. The President’s Office, working with the Director of College Relations will provide official statements and updates to media.
   3. A crisis hot-line phone with the latest information on the situation will be created if necessary. The phone number will be made available to the public.
   4. E-mail, LRSC social media accounts, and the Lake Region State College website will also be used to send campus-wide advisories.
   5. The Director of College Relations office will gather needed data and prepare official news releases.
   6. The crisis communication team will be kept apprised of breaking news.
2. Continuing Coverage / Follow-up Period
   Throughout the crisis, the Director of College Relations will:
   1. Keep the public, media, and constituents informed of the situation.
   2. Instruct the public on how to obtain further advice or information.
   3. Follow-up meetings will be held to analyze reactions and response improvements.

The crisis team is the same as the ERP (Emergency Response Plan), which can be found in the Continuity of Operations Plan (COOP).

Team Members:

• President
• Vice President of Academic & Student Affairs
• Vice President of Administrative Affairs
• Risk Manager / Emergency Manager / Continuity Coordinator
• Director of College Relations
• Director of Information Technology
• Director of Academic Affairs
• Director of Student Affairs
• Director of Distance Learning
• Director of Physical Plant
• Director of Dining Services
• Director of Housing
• Director of College Care for Kids

All staff will report their status to a team member in the event of a catastrophic event.

History

Administrative Council Approved COG Leader & Alternate 07/18/08
Administrative Council Approved 06/12/17
Administrative Council Approved 04/16/2018

Lake Region State College uses an Emergency Notification System (ENS). This system allows the campus to contact students, employees, and on-campus entities during an emergency. The emergency notification system will require emergency notification information from students, employees, and on-campus entities. This information is how the campus can contact the employee, student, or designated person. LRSC employee participation in the emergency notification system is mandatory and all employees, including student employees, are required to provide emergency contact information.

The responsibility to make the decision to close Lake Region State College due to weather/emergency rests with the college President. Lake Region State College administrative staff at the Grand Forks Air Force Base has the authorization to make the appropriate call for LRSC classes at the GFAFB Education Center. The President may coordinate with designated personnel before making the decision to close campus, cancel classes, delay start time, etc.

In the President’s absence the responsibility will go to the:

1. Vice President for Academic and Student Affairs
2. Vice President for Administrative Services
3. Director of Student Services

Employee emergency notification telephone numbers or other emergency notification information is exempt from the state’s open records laws as provided in Policy 1912 and may be released only as provided in that policy.

Emergency notification contact information will come from ConnectND and is updated monthly. This removes former employees and students from the system.

To eliminate misuse of the emergency notification system, only designated personnel will have access to deploy the system. An “emergency” means a situation that poses an immediate threat to the health or safety of someone in the institution or system community or significantly disrupts institution or system programs and activities.

The emergency notification system is only for emergencies as defined in NDUS Policy 1902. Lake Region State College’s Loss Control Committee defines certain emergencies that warrant system use. According to NDUS system requirements, LRSC will conduct unannounced emergency notification tests at least once each fall, spring, and summer semester. A log is maintained of all notifications describing the exercise, date, start, and end time.

Employees are required to review their emergency notification information annually. In addition, employees will receive reminders bi-annually to update their records. Emergency notification information may include campus email, campus phone, home phone, home cellular phone, and work cellular phone. Employees can opt-in for SMS “texting” capabilities. LRSC’s Human Resources will gather emergency information from non-campus personnel such as the childcare center, Devils Lake Police Department, the Devils Lake Fire Department, and other campuses based at LRSC.

Additional emergency notifications not outlined by the Loss Control Committee can be deployed if necessary by designated personnel (if situation fits NDUS Policy 1902). Campus emergency procedures will be available for employees on the shared information drive. LRSC will use campus email and website for detailed updates unless the situation requires redeployment.

During an emergency, LRSC employees and students are asked to refer all media inquiries to LRSC’s Marking & Communication director or President’s Office.

Students, employees, and visitors should report all emergency situations to the LRSC Risk Management Office or Plant Services Director.

Students will have the ability to add and update their information in Campus Connection. The portal will allow students to enter campus phone, cellular phone, email, texting information, and home phone. The system will periodically remind students to review their information. In addition, students can receive emergency notifications from other campuses depending on their class location. Students can “opt-out” of the emergency notification system in Campus Connection.

Students are allowed to leave cell phones on during class to receive emergency notifications unless instructed by faculty. If a faculty member instructs students to turn their cell phones off, the faculty member must be able to receive emergency notifications through a registered cell phone, or other means of receiving emergency messages at all times students are required to turn off their phones.

Students’ emergency notification information, or contact information such as phone numbers or email addresses submitted for purposes of participation in an emergency notification system, shall be excluded from directory information that is therefore confidential as provided under the Family Educational Rights and Privacy Act (FERPA) However if a student phone number or email or other address submitted for the purpose of participation in an emergency notification system is also contained in other institution records used for other purposes, that information contained in the other institution records is directory information and not confidential, unless a student has exercised the student’s right to refuse to permit disclosure of directory information.

History

Administrative Council Approved 07/18/08
Administrative Council Approved 12/08/14
Administrative Council Approved Update 07/07/15
Administrative Council Approved Update 09/28/15

Purpose
Lake Region State College prescribes procedures for access to college facilities and to assist key holders in maintaining the security of LRSC. It is the responsibility of each Key Holder to ensure proper procedures are followed to maintain the security of LRSC buildings and facilities to which they have access. Key Holders are responsible for physically securing access points upon entering or leaving a room or facility after operational hours.

Definitions
The term “keys” within this policy pertains to all LRSC key systems, including manual and electronic access devices installed in any LRSC facility. The term “Key Holder” refers to staff, faculty, students, contractors, support service personnel, and anyone else who holds keys to LRSC buildings and facilities. The term “keyed off the building master” within this policy refers to any room that is keyed differently than the master key of the building in which the room is located.

Article 1 General Provisions

1. 1.1 Keys are issued through Lake Region State College Plant Services and remain the property of Lake Region State College.
2. 1.2 Any exemption to this policy may be made only with permission from the LRSC Administrative Council.
3. 1.3 Rooms may be keyed off the building master key system if a written request has been submitted by the department responsible for said room and the request has been approved by the Lake Region State College Administrative Council.
4. 1.4 The Lake Region State College Plant Services Director shall have access to all areas, including rooms keyed off the building master unless such access has been restricted by the Lake Region State College Administrative Council.
5. 1.5 It is a violation of this policy to attempt duplication of Lake Region State College keys by anyone other than Lake Region State College Plant Services lock shop personnel. Duplicated keys will be confiscated.
6. 1.6 It is a violation of this policy to alter any Lake Region State College locking system by anyone other than the Lake Region State College Plant Services staff. The installation of alternate locking devices is also forbidden. The devices will be removed and the department or key holder responsible for the violation will be charged for all costs incurred.
7. 1.7 Situations requiring special security measures will be coordinated with the Lake Region State College Plant Services department.

Article 2 Requesting and Issuance of Keys

1. 2.1 A key request form, obtained from the Lake Region State College Plant Services Director, must be signed by the direct supervisor of the intended key holder and submitted to the Lake Region State College Plant Services Director for all requests for keys.
2. 2.2 Key holders can request keys only for those rooms and areas to which they are assigned responsibility. A Key receipt form, obtained from the Plant Services Director, must be signed by the key holder upon issuance of keys.
3. 2.3 Only one outside door, sub-master, or master key will be issued to any key holder. Issuance of building master keys requires the approval of the Lake Region State College Administrative Council.
4. 2.4 All incomplete, illegible, incorrect, or unsigned forms will be returned to the requesting key holder.
5. 2.5 A key inventory system will be maintained by Lake Region State College Plant Services.

Article 3 Key Returns

1. 3.1 All keys no longer needed by the key holder shall be collected by their direct supervisor and returned to the Lake Region State College Plant Services Director. The direct supervisor shall also notify IT to deactivate electronic proximity cards and fobs. It is a violation of this policy to transfer keys to any other individual or to be left with the department.
2. 3.2 A key-return receipt will be issued to the key holder when keys are returned. The keys will then be removed from the key holder’s inventory record.

Lost/Stolen/Non-Returned Keys
If a key is lost or stolen, it is the responsibility of the Key Holder to immediately notify the LRSC Plant Services Director and their direct supervisor. Repeated loss of keys or failure of timely notification of loss may result in disciplinary action up to and including termination of employment. Failure to return keys upon termination of employment may result in a fine and/or theft of property charges.

History

Administrative Council Approved 07/18/08
Administrative Council Approved 04/27/21

Lake Region State College (LRSC) students and employees are required to abide by all federal, state, and local laws. Except as authorized by SBHE policy 918 and/or NDUS procedure 918, the consumption, use, possession, distribution, or sale of alcoholic beverages or illicit drugs while on property under the control of LRSC or at an LRSC-sponsored activity is prohibited. Students, employees, and visitors shall not be on campus or at an LRSC-sponsored activity while visibly impaired by the use of alcohol and/or drugs.

LRSC requires employees to maintain a safe and sober workplace. As such, employees shall not consume alcoholic beverages or drugs (including prescription drugs that can cause impairment) during scheduled work hours or within close proximity to scheduled work hours. Employees on call back, outside of regular hours, shall disclose to their supervisor if they have consumed alcoholic beverages to ensure that only appropriate duties are assigned or the need for the employee is reassigned to another. Employees taking prescription medication that can cause impairment must notify their supervisor, in advance of performing work, to ensure only appropriate duties are assigned, duties are reassigned as necessary, and/or sick leave is taken.

A supervisor may, after consultation with the Human Resources Director, require an employee suspected of violating this policy to submit to a breath, blood, or urine test. The test is not required should the employee admit to the consumption and/or impairment. If the employee refuses testing, the employee may be disciplined as if the test had been positive. In the event of a positive test and/or admission, the employee shall be required to take annual leave for the remainder of the workday. The supervisor and/or the employee must arrange for safe transportation home.

Violations of this policy constitutes misconduct and disciplinary action may be imposed according to Student Conduct Policy 800.30 and the Code of Conduct Policy 1500.05.

The policy addressing alcohol and drugs in the residence halls can be found in the Residence Life/Housing Policy 800.008.

Medical Amnesty Laws: LRSC respects and abides by the medical amnesty laws for drug and alcohol-related emergencies under North Dakota Century Codes 05-01-08 (6) and 19-03.01.

Parental Notification: In accordance with the Family Educational Rights and Privacy Act (FERPA), the Director of Student Services reserves the right to notify the parents/guardians of students under 21 years of age, and the parents/guardians of dependent students., regardless of age, of any incident in which the student is found responsible for violating this policy.

The college has programming, coordinated by the Director of Student Services, to prevent drug and alcohol abuse by students. The Director of Human Resources shall make similar information available to all employees. These programs shall include dissemination of informal materials, counseling services, educational programs, referrals, and code of conduct violations.

History

Administrative Council Approved 05/22/15
Administrative Council Approved 09/15/15
Administrative Council Approved 08/30/17

Lake Region State College requires that all employees who are approved drivers with CDL status meet the requirements set out in Federal Motor Carrier Safety Administration ("FMCSA") Drug/Alcohol Policy in compliance with 49 CFR, Part 382. It is the policy of LRSC to require all approved drivers with CDL status to submit to drug and alcohol screening. The screening involves pre-employment, random, post-accident, reasonable suspicion, and return-to-duty testing requirements. Testing will be conducted by a third-party administrator with Lake Region State College drivers added to a consortium maintained and administered by the third party for purposes of random testing. 

Current employees in positions that require a Commercial Driver's License (CDL) will be required to undergo drug and alcohol testing under the following circumstances:

1.    Pre-employment
2.    A random testing program
3.    Post-accident
a.    Accident involved the loss of human life
b.    A person is injured and receives medical attention away from the scene
c.    One or more vehicles received disabling damage as a result of the accident
4.    Reasonable suspicion
5.    Return-to duty following a violation of DOT drug/alcohol testing regulations
6.    Follow-up testing as directed by a Substance Abuse Professional (SAP) from the faculty and staff assistance program

Employees who do not pass the test, or those who refuse to test, are subject to disciplinary action up to and including termination.

LRSC's drug and alcohol testing policy is given to applicants and employees in positions that require a Commercial Driver's License. Receipt of this document must be acknowledged in writing by the applicant or employee.

History
Administrative Council Approved 09/09/2022

Discrimination is defined under applicable federal and state law. In general, unlawful discrimination means failing to treat people equally based, at least in part, on status that is protected under applicable law or policy.

Lake Region State College is an equal opportunity institution that does not discriminate on the basis of race, religion, age, color, sex, disability, sexual orientation, gender identity, genetics, national origin, veteran’s status, marital status, political belief or affiliation, and economic or perceived social status in its admissions, student aid, employment practices, education programs or other related activities. Inquiries concerning Title VI, Title IX, and Section 504 may be referred to Sandi Lillehaugen, Human Resource Manager, Lake Region State College, 1801 N. College Drive; Office #120, Devils Lake, ND 58301, (701) 662-1543 Sandra.Lillehaugen@lrsc.edu or the Office of Civil Rights/HHS, Citigroup Center 500 W. Madison Street, Suite 1475, Chicago, IL 60661-4544. The Office of Civil Rights also can be reached by calling (312) 730-1560, faxing (312) 730-1576, TDD (800) 877-8339, or by emailing ocr.chicago@ed.gov.

LRSC is committed to providing reasonable accommodations to qualified individuals with disabilities upon request. To request an accommodation or to request this document in an alternate format, please contact Sandi Lillehaugen, Human Resource Manager, Lake Region State College, 1801 N. College Drive; Office #120, Devils Lake, ND 58301, (701) 662-1543, Sandra.Lillehaugen@lrsc.edu. One-week advance notice is appreciated.

This notice must be included in all departmental publications such as bulletins, announcements, manuals, publications, guidebooks, brochures, pamphlets, catalogs, application forms or recruitment materials describing or inviting participation in programs at Lake Region State College.

History

Administrative Council Approved 06/11/16
Administrative Council Approved 03/23/16

In our effort to create a positive living and learning environment for all students regardless of race, religion, age, color, sex, disability, sexual orientation, gender identity, genetics, national origin, marital status, political belief or affiliation, and economic or perceived social status, we are committed to fully respecting, supporting, and celebrating the diversity which exists in and around our campus.

The campus community consists of students, faculty, staff, and administrators and it is our belief that all community members have a responsibility, individually and collectively, to create an environment that is respectful, supportive, and inclusive of all people. As the demographics of our community continue to change, all community members must share in the commitment to provide equal opportunity for all individuals regardless of race, religion, age, color, sex, disability, sexual orientation, gender identity, genetics, national origin, marital status, political belief or affiliation, and economic or perceived social status. All Residential Life Staff are committed to teaching and learning the skills necessary to eliminate stereotypes and prejudice in order to provide a living, learning, and working environment which is respectful and supportive of all Lake Region State College students, staff, and faculty.

We acknowledge that our society carries historical and divisive biases based on race, religion, age, color, sex, disability, sexual orientation, gender identity, genetics, national origin, marital status, political belief or affiliation, and economic or perceived social status. Therefore, we will make a concerted effort to change attitudes towards and make accommodations for people who come to us from various cultures, different ages, and differing abilities. We strive to eliminate misinterpretation of verbal and non-verbal communication patterns, different standards of time, cultural and familial relationships, varying work norms, and concepts of team and leadership style. We also seek to promote awareness through education and constructive strategies for resolving conflict.  

Diversity enriches the ability of Lake Region State College to accomplish its academic mission by broadening and deepening the educational experience through interactions of students and faculty from multiple backgrounds and perspectives. Diversification offers social participation and mutual understanding to all students, regardless of their heritage, orientation, or situation. It provides equality of access and opportunity so that every segment of our community can contribute to and benefit from our institution.

We are committed to the enforcement of policies that promote the fulfillment of these principles, including those prohibiting discrimination, harassment, and sexual misconduct.

We will strive to eliminate verbal or written abuses, intimidations, or hostile remarks against any member of our community that constitute harassment under Lake Region State College’s Harassment Policy.

History

Administrative Council Approved 03/23/16
Administrative Council Approved 12/05/16

1. Law Enforcement Authority
   The Lake Region State College Police Department exists under authority granted by N.D.C.C. 15-10-17.1 and the State Board of Higher Education Policy 916. The licensed and sworn peace officers employed by LRSC have full powers of arrest pursuant to N.D.C.C 44-08-20.
   1. The Lake Region State College campus falls under the jurisdiction of several law enforcement agencies willing and able to assume primary jurisdiction over the response to and investigation of criminal activity on campus. As such, officers of the Lake Region State College Police Department shall:
      
      1. When on campus, proactively respond to a crime in progress that threatens the safety and/or security of campus-based persons or property.
      2. At all times and for all cases relinquish investigative authority and jurisdiction to the city police, county sheriff, and/or highway patrol upon their arrival to campus.
      3. Assist those law enforcement agencies as requested during any investigation or call for service.
      4. Notify the appropriate law enforcement agency in any instance where the officer makes a criminal arrest or responds to a crime in progress or other emergency on campus.
      5. Provide a written narrative (copied to the LRSC Chief of Police) to the appropriate law enforcement agency whenever they take official action as a peace officer, use force, recover evidence, or otherwise have information that needs to be included in an official police report.
   2. The President shall issue a Notice of Appointment and administer the Oath of Office to one licensed peace officer to serve as the Chief of Police. The Chief of Police shall issue a Notice of Appointment and administer the Oath of Office to any other licensed peace officers employed by LRSC.
   3. LRSC Peace Officers shall at all times maintain a current ND Peace Officer License and comply with all requirements for licensure and training established by the ND Peace Officer Standards and Training Board. Officers shall adhere to all legal requirements regarding the enforcement of laws, jurisdictional authority, and use of force.
   4. The LRSC Chief of Police shall establish and maintain an up-to-date policy handbook that must include, at a minimum, the department’s policy on the use of force, emergency vehicle operations, and weapons carry/qualification standards.
   5. The Director of Peace Officer Training shall:
      
      1. Oversee the licensing and training of the Peace Officer Training Program’s employed training supervisors to ensure continued compliance with ND POST standards.
      2. Serve on the Loss Control Committee.
      3. Serve as the LRSC Police Department’s primary liaison with other law enforcement agencies.
      4. Provide assistance to the Director of Institutional Research in preparing our Campus Safety and Security Report.
      5. Coordinate, provide, and/or delegate the delivery of annual safety training to LRSC faculty, staff, and students.
      6. Help manage the LRSC safety and security responsibilities under the Clery Act.
      7. Serve as the primary Campus Safety Authority (CSA).
2. Campus Safety

   Lake Region State College works closely with the Devils Lake Police Department (DLPD). When incidents arise that require joint investigative efforts, resources, crime related reports, and exchanges of information. There is a cooperative agreement between LRSC and DLPD stating that the DLPD will notify LRSC if it determines that LRSC student(s) have been involved in any alcohol or drug-related occurrence off campus.

   Campus safety is managed by the Loss Control Committee. During the academic year, the Loss Control Committee with assistance from the Physical Plant Director, the Risk Management Coordinator, and the Director of Peace Officer Training. The loss control Committee meets routinely to discuss locks, alarms, lighting, communications, and other safety issues.

   Due to the design of the campus and the extremely short distance between the entrances to campus housing and student parking areas, a formal safety escort program is not in place at Lake Region State College.  The Housing Director shall make relevant safety information available to students who inquire about escorts and/or who express a need for one.  Students who become afraid due to clearly identifiable circumstances or who witness suspicious behavior on campus should report those observations to the police, to the RA on duty, and to the Housing Director.    

   Safety escorts will be provided by the institution if recommended as part of an interim measures requirement as recommended by the Assistant VP of Student Affairs and/or approved by the Title IX Coordinator.  In these cases, the directive shall indicate who will provide the escort and when such escort should be made available.  A provided escort can never be interpreted to guarantee safety and will not be provided by a police officer, unless that officer is already on campus and on-duty.   

   The Student Senate Advisor and/or Housing Director shall periodically assess the perception of safety on campus and the level of need for safety escorts.   This can be done via discussion with Student Senate leadership, a resident hall survey, and/or through an analysis of crime information from our annual Campus Security and Fire Safety Report.    
    

3. Campus Access
   During business hours, the college (excluding residence halls) is open to students, employees, and visitors. During non-business hours, access to all College facilities is by key or electronic key card, if issued, or by admittance via the Residence Life staff. Residence halls are secured 24 hours a day.
   ​​​​Some facilities may have individual hours, which may vary at different times of the year. Examples are the Library, the Bookstore, and Student Services. In these cases, the facilities will be secured according to schedules developed by the department responsible for the facility.
   Employees, when acting as advisors to a group of students, must not leave the building or room until all students using the facilities have left. Students must not be made responsible for locking up after an activity.
    
4. Safety Awareness Programs
   Annually, students and employees are informed of services offered by Lake Region State College. Slide presentations and handouts outline ways to maintain personal safety. Students attend a campus safety presentation at each fall orientation. Information on ALICE (Alert, Lockdown, Inform, Counter, Evacuate) is also included in our freshman success courses and made available to staff and faculty.  The annual safety report is made available to students and employees to inform them of safety-related matters. Crime prevention programs and sexual assault prevention programs are available on a continual basis. A common theme of all awareness and crime prevention programs is to encourage students and employees to be aware of their responsibility for their own safety and the safety of others. Crime prevention programs on personal safety and theft prevention are sponsored by various campus organizations throughout the year. Policies related to student safety are included in the Student Handbook, which is made available to all students.
5. Timely Warnings
   Lake Region State College will issue a timely warning notice in the event of a Clery Act crime that occurred on or near campus that may pose a serious or ongoing threat to members of the campus community. The warning will be issued through the college emergency notification system to all employees and currently enrolled students.
   1. A timely warning notice will be issued when there is a threat to the safety and security of persons for the following Clery Act crimes:
      
      1. Aggravated assault
      2. Arson
      3. Burglary (involving violence)
      4. Domestic violence, dating violence, stalking
      5. Manslaughter
      6. Motor vehicle theft
      7. Murder
      8. Robbery
      9. Sexual offenses
      10. Any other crime in which the victim was chosen on the basis of race, color, national origin, religion, sexual orientation, gender identity, genetic information, sex, age, creed, marital status, veteran's status, political belief or affiliation, or disability.
   2. Decisions concerning whether to issue a timely warning will be made on a case-by-case basis using the following criteria: (1) nature of the crime; (2) continuing danger to the campus community; (3) possible risk of compromising law enforcement efforts.
   3. The President is responsible for deciding if a timely warning notice will be issued and the LRSC Chief of Police or designatee will develop and issue the notice. In the President’s absence, the responsibility will go to: (1) Vice President of Academic and Student Affairs; (2) Vice President of Administrative Services; (3) Director of Student Services.
   4. If the threat is sudden and serious, a warning will be issued immediately and will be continually updated until the threat is contained or neutralized. If a threat is less immediate, the warning will be fully developed and distributed after that point in time. In some cases, information may be kept confidential to avoid compromising an ongoing investigation.
   5. LRSC is not required to issue a timely warning with respect to crimes reported to a pastoral or professional counselor.
6. Reporting Criminal Offenses
   Students, faculty, staff, and visitors are encouraged to report all crimes and any suspicious activity in an accurate and timely manner to an identified campus safety authority (CSA) and local law enforcement. LRSC encourages accurate and prompt reporting of all crimes to the campus police and the appropriate police agencies, when the victim of a crime elects to, or is unable to, make such a report.  For emergencies call 9-1-1. The Primary CSA is the Director of Peace Officer Training (701-662-1526). Additional CSAs include but are not limited to:
   • Faculty assigned to the Peace Officer Training Program
   • Assistant Vice President of Student Services (701-662-1508)
   • Director of Academic Affairs (701-662-1553)
   • Risk Management Coordinator (701-662-1543)
   • Athletic Director (701-662-1523)
   • Title IX Coordinators (701-662-1509 or 701-662-1543)
   • Vice President of Academic & Student Affairs (701-662-1681)
   • Vice President of Administrative Affairs (701-662-1502)
   • Physical Plant Director (701-662-1521)
   • Director of Housing (701-662-1525)
   • Counselor (701-662-1546)
      
7. Individuals filing a report may request confidentiality. LRSC will evaluate the request and determine the extent to which confidentiality may be maintained. LRSC must weigh the request for confidentiality against its desire to protect the safety and security of the entire campus. Therefore, with the exception of the counselor, LRSC cannot guarantee absolute confidentiality. All crimes reported, other than those reported to the counselor, are included in the annual disclosure of crime statistics.
    
8. Disclosure of Crime Statistics
   The Director of Institutional Effectiveness prepares the annual Campus Security and Fire Safety Report to comply with the Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act. The full text of this report can be located on the college website at www.lrsc.edu. This report is prepared in cooperation with the local law enforcement agencies surrounding on-campus and noncampus sites, the Director of Peace Officer Training, the Title IX Coordinator, Director of Housing, and Director of Student Services. Each entity provides updated information on their educational efforts and programs to comply with the Act.
    
   Campus crime, arrest, and referral statistics include those reported to designated campus security authorities (CSA) and local law enforcement agencies. Each year, an e-mail notification is made to all faculty, staff, and enrolled students. Copies of the report may also be obtained by calling 701-662-1509.
    
   Lake Region State College employs one counselor who, when acting as such, is not required to report crimes for inclusion into the annual disclosure of crime statistics. As a matter of policy, they are encouraged, if and when they deem it appropriate, to inform persons being counseled of the procedures to report crimes on a voluntary basis for inclusion into the annual crime statistics.
    
9. Disclosure to Victims of Alleged Crimes
   Lake Region State College will, upon written request, disclose to the alleged victim of a crime of violence, or a non-forcible sex offense, the results of any investigation conducted by the college against the student who is the alleged perpetrator of the crime or offense. If the alleged victim is deceased as a result of the crime or offense, LRSC will provide the results of the disciplinary hearing to the victim’s next of kin, if so requested.
    
10. Registered Sex Offenders
    The Campus Sex Crimes Preventions Act (CSCPA) of 2000 is a federal law that provides for the tracking of convicted, registered sex offenders enrolled at, or employed by, institutions of higher education. The act requires sex offenders already required to register in a State to provide notice of each institution of higher education in the State at which the person is employed, carries a vocation, or is a student. Out-of-state sex offenders are required to register if they work or attend school in North Dakota. The state then provides this information to law enforcement authorities in the jurisdiction where the institution is located.
     
    The law requires LRSC to advise the campus community where law enforcement agency information provided by a State concerning registered sex offenders may be obtained. The North Dakota Sex Offender website is available via the Internet pursuant to North Dakota Century Code section 12.1-35-15 at http://www.sexoffender.nd.gov/Laws/laws.shtml.

History

Administrative Council Approved 09/28/15
Administrative Council Approved 12/05/2016
Administrative Council Approved 10/31/2023

 

The Vice President for Administrative Affairs or designee, as delegated by the president, is responsible for directing emergency management operations. The designee identifies other departments, units, and individuals responsible for providing emergency response and critical support services, and describes their respective roles and responsibilities. The president or designee assesses the danger and potential threat the event may pose to the safety of the campus community. If a significant emergency or dangerous situation is confirmed, the designee shall take into account the safety of the campus community, determine what information to release about the situation, and begin the notification process. In the event that notification may compromise efforts to assist a victim, contain the emergency, respond to the emergency, to otherwise mitigate the emergency, a notification may not be issued. The Loss Control Committee shall create and maintain an emergency response plan.

LRSC has a variety of ways of disseminating emergency information to the larger community, including, but not limited to:

1. Mass Calling and Notification
   The emergency notification system allows designated personnel to send a recorded voice message, e-mail, and text message simultaneously from a remote site. This message will be sent to the entire campus community and will contain important information about the emergency. When the system is activated, one or more of the following alerts are sent depending on the contact information the recipient has provided.
   • Voice Call - Individuals who have provided their phone numbers are called and a prerecorded voice message is played.
   • Email - An email is sent to all individuals who have provided email addresses.
   • Text message - Individuals who have provided cell phone numbers are sent a text message.
2. Public Media
   • Local radio and television stations are notified of any disasters or emergencies occurring on the campus.
   • The Director of Marketing & Communications coordinates connections with all major media outlets to provide emergency notifications.
3. Warning Sirens
   Warning sirens are strategically placed in and around the City of Devils Lake to sound in the event of a tornado warning. The sirens are tested on this system every Wednesday at 6:00 p.m.
4. Building Evacuation Alarms
   Every campus building has an evacuation alarm. Buildings may also be equipped with a voice public address system by which instructions may be given.
5. LRSC Website
   The Director of Marketing & Communications will update the LRSC website with pertinent information and instructions in the event of a disaster or emergency.
6. Email Transmission
   A mass email may be sent to the campus community with pertinent information and instructions in the event of a disaster or emergency.

The following is a list of individuals or organizations responsible for carrying out these procedures:

• President
• Vice President of Administrative Affairs
• Vice President of Academic & Student Affairs
• Director of Marketing & Communications
• Loss Control Committee

LRSC will publish a summary of its emergency response procedures in conjunction with at least one emergency notification test each calendar year.

History

Administrative Council Approved 09/28/15

Violence, threats, intimidation, and other disruptive behavior in our workplace will not be tolerated. All reports of incidents will be taken seriously and will be dealt with appropriately. Such behavior can include, but is not limited to, oral or written statements, gestures, and expressions that communicate a direct or indirect threat of physical harm, or acts of violence against a person or property.

If you observe or experience such behavior by anyone on LRSC property, or while working off-site, report it immediately to a supervisor or manager. A supervisor who receives a report of workplace violence must take immediate action on such reports. The supervisor is responsible, if additional action is needed, for referring the issue to the appropriate Vice President for investigation and follow-up action.

Threats or assaults that require immediate action by law enforcement should be reported first to the police.

History

Administrative Council Approved 12/21/17