D3. Student Rights

D.3.05 - First Amendment Rights Retained:
At all college sponsored events and at all System locations, students retain their First Amendment rights on campus, and at off-campus registered student organization events, in light of the unique character of the academic environment.  Student expression that is protected by the First Amendment may not be prohibited unless, in the view of the administration, the expression will materially and substantially interfere with the operation of the school or the rights of others.

D.3.06 - First Amendment – Freedom of Expression and Religion:
LSCS shall take no action respecting an establishment of religion, or prohibiting the free exercise thereof; abridging freedom of speech, or the press; the right to peaceably assemble; and to petition the Board for redress of grievances.
Activities such as distributing literature, displaying signs, petitioning for change, and disseminating information concerning issues of public concern are protected by the First Amendment.

D.3.07 - Limitations on Expression:
LSCS may subject student expression to prior screening under clear and reasonable regulations.
LSCS may refuse to disseminate or sponsor student speech that:

a. would substantially interfere with the work of the school;
b. impinges on the rights of other students;
c. is obscene, vulgar, offensively lewd, or indecent;
d. might reasonably be perceived as advocating drug or alcohol use, irresponsible sex, or conduct otherwise inconsistent with the shared values of the institution;
e. is inappropriate for the level of maturity of the readers;
f. is inconsistent with the standards of quality of the institution, with respect to production and form of presentation of the institution;
g. associates the school with any position other than neutrality on matters of political controversy or business partnership; or
h. violates the intellectual property rights of others.
LSCS may prohibit expression by students if:
a. it materially and substantially interferes with school activities;
b. it materially and substantially interferes with the rights of other students or teachers; or
c. LSCS can demonstrate reasonable cause to believe that the expression would engender such material and substantial interference.
LSCS shall not prohibit student expression solely because other students, teachers, administrators, or parents may disagree with its content.
LSCS may limit student expression in manner, place, or time by means of reasonable and uniformly applied regulations.

D.3.08 - Interrogations:
LSCS respects the right of students to privacy. However, LSCS officials have the authority to interrogate students on a matter to protect the overall welfare of other students, staff or other persons, or when necessary to preserve the good order and discipline of the school.

D.3.09 - Searches Without Warrants:
If no search warrant is obtained, System officials nonetheless have limited authority to search a student’s person or property as follows:
a. any prohibited item within "plain view" is subject to seizure;
b. personal property may be searched, if probable cause exists, and only if exigent circumstances justify not obtaining a search warrant;
c. areas such as lockers and desks, which are owned and controlled by LSCS, may be searched by LSCS officials when they have reasonable cause to believe that stolen items or items prohibited by law or by Board policy are contained in the area to be searched; and 
d. stolen items and items which are forbidden by Board policy or law may be impounded and used as evidence in internal school disciplinary proceedings against the student.
Different standards may apply in the event that law enforcement authorities are involved in a search.  This can be referred to the General Counsel of LSCS.

D.3.10 - Limitations:
Searches conducted on LSCS premises, with assistance from law enforcement authorities, are governed by the Fourth Amendment standards that are applicable in the criminal law context.

D.3.11 - Prohibited Discrimination/Harassment Policy:
LSCS provides equal treatment and educational opportunities to all persons without regard to race, color, creed, national origin, gender, age, veteran's status, sexual orientation, and disability. Any student who engages in any act of unlawful discrimination will be subject to discipline by LSCS, up to and including expulsion.

Prohibited discrimination includes any action taken by any person enrolled in a credit or non-credit course at any LSCS College or satellite center to deny a non-discriminatory learning environment to any person because of that person’s  race, color, creed, national origin, gender, age, veteran's status, sexual orientation, or disability.

Prohibited discrimination also includes harassment by an LSCS employee, vendor, or other person on the basis of race, color, creed, national origin, gender, age, veteran's status, sexual orientation, or disability that is sufficiently severe and pervasive so as to constitute a hostile learning environment. 

D.3.12 - Retaliation Prohibited:
No person in LSCS may take actions to retaliate against any person who brings, or is thought to have brought, a complaint alleging discrimination, or who has cooperated with or participated in any way with an investigation conducted pursuant to LSCS’s Discrimination/Harassment Policy. Encouraging others to retaliate is a violation of this Policy. Any student who does engage in unlawful retaliation shall be subject to the most severe of sanctions, up to and including expulsion.

D.3.13 - Terminology:
Under LSCS’s Discrimination/Harassment Policy, the following terms are defined:

a. "days" means calendar days.
b.  “Civil Rights Administrator” or “CRA” refers to individual employees of LSCS who have been designated to counsel students, receive complaints, and conduct investigations concerning possible violations of this policy.
c. “Location Executive Officer” or “LEO” refers to the Chancellor, the Presidents of each of the Colleges, and the Vice Chancellors located at LSCS’s System Office.

D.3.14 - LEO Role:
Through the LEO, each College is responsible for:

a. designating at least one CRA to receive and investigate any complaints concerning possible violations of LSCS’s Discrimination/Harassment Policy;
b. informing all students of the name, telephone number, and campus address of the College CRA;
c. ensuring that all complaints alleging unlawful discrimination are fully investigated within thirty (30) days of the submission of a written complaint, and a decision is made regarding any discipline to be imposed within sixty (60) days; and
d. reviewing the findings of any investigation conducted by the CRA and imposing any appropriate discipline.

D.3.15 - Complaint and Investigative Procedures:
The purpose of this policy is to ensure compliance with the civil rights obligations of LSCS and to respond at the first possible level with prompt and equitable resolution of complaints alleging discrimination on the basis of race, color, creed, national origin, gender, age, veteran's status, sexual orientation, or disability. The procedures described in this policy shall be the exclusive route for resolving all student complaints of unlawful discrimination, including harassment and retaliation. All complaints alleging violation of this policy shall be referred to the appropriate CRA.

D.3.16 - Informal Resolution Process:
Under the informal resolution process, complaints are processed in accordance with the following procedures:
a. Complaints shall be presented orally to the dean, student advisor, or CRA about the situation that caused the complaint.  The dean, student advisor, or CRA shall attempt to resolve the matter informally.
b. The informal decision rendered by the dean, student advisor, or CRA shall be deemed accepted by the student unless the student files a formal complaint in accordance with the requirements below.

D.3.17 - Formal Complaint Procedure:
Any student who believes that he or she has been subject to discrimination in violation of LSCS’s Discrimination/Harassment Policy may utilize the formal complaint process below to seek formal action on the complaint.

D.3.18 - Written Formal Complaint:
The written complaint is to be delivered to the appropriate CRA by the complainant within sixty (60) days of the occurrence of the alleged discrimination violation.

No person shall be required to submit a written complaint to a CRA if the CRA, his or her supervisor, or the LEO to whom the report will be submitted is the subject of the complaint. In the aforementioned situation, the student may submit his or her written complaint to the Associate Vice Chancellor of Human Resources at LSCS’s System Office.

The written complaint must include the following information: name, address, and telephone number of the complainant; nature, date, and description of the alleged violation; name(s) of persons responsible for the alleged violations; and any background information that the complainant considers to be useful to the decision maker.

The absence of a written complaint shall not prevent the CRA from initiating an investigation of reports of discriminatory or harassing conduct by an LSCS student or employee.

D.3.19 - Investigation:
Upon receipt of the written complaint, the CRA will forward a copy of the complaint to the LEO and General Counsel. The CRA will meet with the campus LEO to determine the proper investigatory process by deciding whether to 1) investigate the complaint 2) refer the complaint to another CRA in LSCS for investigation or 3) refer the complaint to an external CRA.

D.3.20 - External Civil Rights Administrator:
LSCS’s legal department will identify individuals who are not employed by LSCS, who are knowledgeable about civil rights laws, who are familiar with the operation of educational institutions, and who demonstrate an independence of judgment to be available to conduct an investigation or part of an investigation as an external CRA.

If the CRA finds, with the approval of the LEO, that the appointment of an external CRA is necessary to provide a timely and objective investigation, resolve disputed or complex facts, and/or collect evidence or expedite the process, the LEO will appoint an external CRA.

D.3.21 - Investigator Meetings:
The CRA or external CRA shall promptly meet separately with the complainant and any person accused of violating LSCS’s Discrimination/Harassment Policy.  The complainant and any person accused of violating this policy will be provided with a copy of the written complaint. If the investigation has been initiated without a written complaint, or the complainant has requested and the CRA agreed to investigate without releasing his or her identity, the CRA will provide the person accused of violating this policy with a verbal description of the pertinent details of the investigation report.

The complainant and the person accused of violating this policy may have a representative present at his or her own scheduled investigatory meeting, but the representative will not be permitted to make arguments or present evidence in the investigatory meeting.
The purpose of the investigatory meeting is to collect information regarding the complaint. Rules of evidence shall not apply at any investigatory meetings, and neither the complainant nor the person accused of violating this policy may participate in the questioning of each other or any persons interviewed in the course of the investigation.

The complainant and the person accused of violating this policy may provide to the investigator names of witnesses or persons with knowledge relevant to the investigation and shall provide copies of any written documents to the CRA. The CRA may obtain documents not provided or referenced by either party and may interview additional persons at the CRA' s discretion.

The CRA shall inform the complainant and any person accused of violating this policy that they are required to respect the confidentiality of the investigative process, that they are prohibited from discussing the complaint during the investigation, and that they are prohibited from retaliating against the complainant or persons assisting in or cooperating with the investigation.

D.3.22 - Investigator’s Report:
At the completion of any investigation undertaken by a CRA or an external CRA, he or she shall submit a written investigatory report with factual findings to the LEO.  The CRA shall meet with the LEO to review the investigatory report and determine whether LSCS’s Discrimination/Harassment Policy was violated, and what, if any, disciplinary action or other resolution to the complaint are appropriate. The LEO shall promptly communicate his or her decision in writing to both the complainant and the person who is the subject of the complaint.

D.3.23 - Appeal to Chancellor:
A person who initiated a complaint under LSCS’s Discrimination/Harassment Policy may appeal to the Chancellor to contest the process used to consider his or her complaint; however, he or she may not appeal or otherwise contest the absence, nature, or severity of discipline imposed by the LEO on the person accused.

The decision of the LEO shall be considered to have been accepted by the complainant and the person disciplined for violating this policy unless he or she files an appeal with the Chancellor within fourteen (14) days of the receipt of the LEO's written decision regarding the investigation. The Chancellor shall review and decide the appeal within twenty (20) days from its submission.

In considering an appeal, the Chancellor may limit his or her review to the documents collected by the CRA or external CRA during the investigation, may request and review additional documentation, or may refer the matter to an external CRA to collect additional evidence or to make independent factual findings. The purpose of this review is to ensure that the conclusions from the initial investigation were not arbitrary, capricious, or discriminatory; did not violate the fundamental rights of the complainant or the person accused ; and did not violate fundamental fairness.
The decision of the Chancellor shall be final.

D.3.24 - Retention of Records:
The records of the investigation, including the notes, documents, and other information collected by the CRA during the course of the investigation, shall be maintained by the CRA.

D.3.25 – Students with Disabilities
D.3.25a - System Disability Mission Statement:
LSCS believes in equal access to educational opportunities for all individuals.  Therefore, the LSCS endeavors to create, promote, and maintain an environment where individuals with disabilities have access to educational opportunities with minimal adaptations.  This is done by:

a. promoting accessibility and utilizing principles of Universal Design;

b. providing exemplary service;

c. establishing accountability by maintaining cost-efficient and effective services;

d. developing an institutional culture of acceptance and shared ownership; and

e.  changing and adapting as indicated by developments in the field of disability and higher education and/or LSCS policy

D.3.25b - System Policy:
No qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or the opportunity to participate in activities of LSCS or otherwise be subjected to discrimination by LSCS.

LSCS shall not exclude or otherwise deny the benefits of System services, programs, or activities to an individual because of the known disability of an individual with whom the individual is known to have a relationship or association.

D.3.25c - Definition:
A "qualified individual with a disability" is an individual with a disability who, with or without reasonable modifications to policies, practices or procedures, the removal of architectural, communication or transportation barriers, or the provision of auxiliary aids and services, meets the essential eligibility requirements for the receipt of services or the participation in programs or activities provided by LSCS.

D.3.25d - Reasonable Accommodations:
LSCS shall make reasonable modifications to policies and practices or procedures when the modifications are necessary to avoid discrimination on the basis of a disability, unless LSCS can demonstrate that making the modifications would fundamentally alter the nature of the service, program, or activity, or otherwise place an undue burden on the System as provided by law.

D.3.25e - Communications:
LSCS shall take appropriate steps to ensure that communications with applicants, participants, and members of the public with disabilities are as effective as communications with others.

D.3.25f - Auxiliary Aids and Services:
To this end, LSCS shall furnish appropriate auxiliary aids and services where necessary to afford an individual with a disability an equal opportunity to participate in, and enjoy the benefits of, a service, program, or activity conducted by LSCS. In determining what type of auxiliary aid or service is necessary, LSCS shall give primary consideration to the requests of the individual with disabilities.

D.3.25g - Definition:
"Auxiliary aids and services" include:

a. qualified interpreters, note takers, transcription services, written materials, assistive listening devices and systems, telephone handset amplifiers, telephones compatible with hearing aids, closed caption decoders, open and closed captioning, telecommunications devices for deaf persons (TDD’s), video text displayers, or other effective methods for making orally delivered materials available to individuals with hearing impairments;
b. qualified readers, taped texts, audio recordings, Braille materials, large print materials, or other effective methods for making visually delivered material available to individuals with visual impairments;
c. acquisition or modification of equipment or devices; and
d. other similar services and actions.

D.3.25h - Limitation on Action:
LSCS is not required to take any action where it can demonstrate that taking such action would result in a fundamental alteration in the nature of a service, program, or activity or in undue financial and administrative burdens.

Any decision that compliance with its responsibility to provide effective communication for individuals with disabilities would fundamentally alter the service, program, or activity or unduly burden LSCS shall be made by the Board after considering all resources available for use in funding and operating the program, service, or activity. The decision shall be accompanied by a written statement of the reasons for reaching that conclusion.

D.3.25i - Notice:
LSCS shall make available to applicants, participants, beneficiaries and other interested persons information regarding the provisions of Title II of the Americans with Disabilities Act (ADA) and its applicability to the services, programs or activities of LSCS. The information shall be made available in such manner as the Board, Chancellor, and College Presidents find necessary to apprise such persons of the protections against discrimination assured them by the ADA.

D.3.25j - Disability Services Provider:
LSCS shall designate at least one employee per college to coordinate its efforts to comply with and carry out its responsibilities under Title II of the ADA and Section 504 of the Rehabilitation Act, including prescribing and coordinating accommodations and services.

LSCS shall make available to all interested individuals the name, office address and telephone number of the employee(s) so designated and shall adopt and publish procedures for the prompt and equitable implementation of said accommodations/services, as indicated under the ADA and Section 504 of the Rehabilitation Act.

D.3.25k - Eligibility and Documentation:
A student requesting accommodations for a disability is required to provide documentation of the disability to the College’s designated office for disability services.  The documentation is required for the following three purposes:

a. to establish that someone is a person with a disability and, thus, is a member of the protected class;

b. to establish the need for accommodations in order to have equal access;c. and to be prescriptive in assigning reasonable accommodations.

b.to establish the need for accommodations in order to have equal access;c. and to be prescriptive in assigning reasonable accommodations

In order for a student with a disability to receive accommodations, that student is required to register for services through the College’s designated office for disability services. If possible, the student requesting services should make an initial contact with the College’s designated office the semester prior to enrollment—at least 4 weeks prior to the first class.  The College president designates the appropriate contact office and individual for the College.

D.3.25l - Student Rights and Responsibilities:
A student with a disability has a right to an equal opportunity to participate in and benefit from services, programs, or activities offered at LSCS. To ensure an efficient working relationship with the College’s designated office for disability services, students are urged to take an active role in applying for reasonable accommodations. To protect this right, a LSCS student with a disability:

a. has a responsibility to identify himself/herself as needing an accommodation preferably prior to enrollment;

b. has a responsibility to provide documentation of disability to the College’s designated office for disability services;

c. has a responsibility to actively participate in the search for accommodations and auxiliary aids;

d. has a responsibility to notify faculty of his/her accommodation needs;

e. has the same obligation as any student to meet and maintain the institution’s academic and technical standards and code of conduct;

f. has a right to be evaluated based on his/her ability, not disability;

g. is entitled to an equal opportunity to learn;

h. is entitled to an equal opportunity to participate in and benefit from the academic community, including access to services, extracurricular activities, and transportation at a comparable level as that provided to any other student; and

i. has a right to appeal the institution’s decisions concerning accommodations, first internally, by pursing the College’s complaint process available to student with civil rights complaints, and then externally, by filing a complaint with the regional Office of Civil Rights at the U.S. Department of Education or through the Civil Court system.

D.3.25m - Confidentiality:
Records related to disability are considered to be highly confidential, as indicated in federal guidelines. The purpose of such confidentiality is to protect the student from discrimination on the basis of disability as well as to ensure the non-release of his/her medical records except as needed to provide educational services.

The College’s designated office for disability services is responsible for collecting and maintaining these records in a secure, separate file. Only office personnel have direct access to these files.

Disability-related information should be shared only when necessary, and then only limited information shall be shared. Information is to be shared on a need to know basis. The College’s designated office for disability services determines when it is appropriate to share, when it is in the best interest of the student, and when there is a strong degree of confidence that the receiving party will protect the information.

D.3.25n - Process for Reconsideration of Accommodations:

Students with disabilities who want to request reconsideration of the reasonable accommodations that have been prescribed by the College’s designated office for disability services may do so on an informal basis by scheduling an appointment with the office to review the prescribed accommodations. Typically, requests for consideration of revising accommodations should be made within the first two weeks of class.  However, there are occasions where the need to revise the accommodations may not become apparent until later in the semester.  If this should occur, the College’s designated office for disability services should review the student’s request, review the supporting disability documentation, and make revisions if appropriate.  If additional information is required before a decision can be made regarding the appropriateness of the requested revision, the office may temporarily provide the requested accommodation for a specified period of time if deemed appropriate. The student may pursue a formal grievance process at any time under D.3.25o—Grievance and Appeal Process.

There may be occasions where it is necessary for the College’s designated office for disability services to consult with the faculty member in order to determine which accommodations are reasonable for a specific class. Decisions about reasonable accommodations should be made on a case-by-case basis and should take into account the essential elements (as documented in Core Competencies, learning outcomes, etc.) of each class as well as the impact of the disability on the individual student.

Faculty members should consult with the College’s designated office for disability services, not the student, if there are questions about the designated accommodations.

D.3.25o - Grievance and Appeal Process:

For complaint matters related to the implementation of services, the grievance and appeal process should begin with the College’s designated office for disability services.  If the complaint relates to the process within the College’s designated office for disability services, the complaint should be directed to the Chief Student Services Officer at the particular college.

D.3.26 Access to Information and Technology for Individuals with Disabilities:
LSCS shall, in developing, procuring, maintaining, or using electronic and information resources, ensure that individuals with disabilities have access to the use of information and technology.

The home page of LSCS’s Web site and key public entry points shall include an “Accessibility” or “Site Policies” link to Web pages that contain LSCS’s accessibility policy, site validation (e.g., Section 508), contact information for LSCS’s designated accessibility coordinator, and a link to the Governor’s Committee on People with Disabilities Web site:

http://www.legis.state.tx.us/tlodocs/79R/billtext/html/HB02819F.htm

http://www.section508.gov/

http://www.governor.state.tx.us/disabilities/

In compliance with Texas House Bill 2819, now codified at Texas Government Code §§2054.451 et seq., all electronic and information resource products developed or procured by LSCS shall comply with the applicable provisions of House Bill 2819 and State regulations in Title 19 of the Texas Administrative Code, Chapter 206. This includes, but is not limited to, telecommunications, video, multimedia, self-contained/closed products, desktop and portable computers, functional performance criteria, information, documentation, and support. The lack of commercial availability of products, including computer software and specific technologies that would impose a significant difficulty or expense on the institution is identified under “Exceptions and Emerging Technologies” within the Standards Review and Recommendations Publication (SRRPUB11) of the State Web Site Guidelines (http://www.dir.state.tx.us ).
 

LSCS Policy Manual Section adopted by the Board of Trustees on August 7, 2008