3. Sexual Harassment, Assault, and Violence
E.3.01 - Sexual Harassment Policy:
LSCS prohibits any form of gender discrimination. Sexual harassment is one form of gender discrimination.
E.3.02 - Employee-Student Sexual Harassment or Abuse:
Prohibited conduct related to sexual harassment of students by LSCS employees includes such activities as engaging in sexually oriented conversations for purposes of personal sexual gratification, e-mailing students at home or elsewhere to solicit inappropriate social relationships, physical contact that reasonably would be construed as sexual in nature, and enticing or threatening students to engage in sexual behavior in exchange for grades or other school-related benefit. Sexual harassment of students by employees constitutes discrimination on the basis of sex under Title IX.
A LSCS official who has authority to take corrective action on the System's behalf, and who has actual notice of employee-student sexual harassment or abuse, shall take corrective measures to address the harassment or abuse.
E.3.03 - Student-Student Sexual Harassment or Abuse:
When gender-based peer harassment takes place in a context subject to LSCS’s control, and LSCS exercises substantial control over the harasser, it shall take appropriate action in light of the known harassment.
LSCS shall not directly discriminate on the basis of gender when addressing peer sexual harassment.
E.3.04 - Assault:
Students are prohibited from assaulting any person on LSCS property or while under LSCS’s jurisdiction at any System/College sponsored events.
An "assault" is defined as:
a. intentionally, knowingly, or recklessly causing bodily injury to another.
b. intentionally or knowingly threatening another with imminent bodily injury; or
c. intentionally or knowingly causing physical contact with another when the student knows or should reasonably believe that the other will regard the contact as offensive or provocative.
E.3.05 - Sexual Assault:
“Sexual assault” is defined as intentionally or knowingly causing physical sexual contact or sexual penetration of another without that person’s consent. Sexual assault is without the consent of the other person if the actor compels the other to submit or participate by use of physical force or violence, or threat of force or violence, and the other person believes the actor has the present ability to execute the threat or the other person cannot consent.
LSCS and all of its Colleges are committed to providing a working and learning environment that is free from sexual assault. Sexual assault is a serious and flagrant violation of LSCS’s rules and regulations of conduct for staff and faculty and will not be tolerated.
E.3.06 - Distribution of Sexual Assault Information:
LSCS’s Colleges shall distribute to students information regarding:
a. who should be contacted if a sexual assault occurs, the importance of preserving evidence for criminal prosecution, and the person to whom the alleged offense should be reported;
b. a student's option to notify law enforcement authorities, and the manner in which the College will assist in these circumstances;
c. list of counseling, mental health, and other student services for victims of sexual assaults;
d. notice that the College will change a student's academic situation after an alleged sex assault, if possible; and
e. sanctions that may be imposed for sexual assaults.
E.3.07 - Sexual Assault Investigations:
Each College shall vigorously investigate all allegations of sexual assault. The College shall treat victims with respect, explain their legal rights, and fully cooperate with them in exercising those rights.
Students who are accused of sexual assault will be subject to LSCS’s disciplinary procedures and may also be subject to criminal prosecution. Procedures protecting the rights of sexual assault victims and those accused of sexual assault shall be vigorously enforced.
E.3.08 - Sexual Assault Disciplinary Hearings:
In student disciplinary hearings concerning sexual assault, both the complainant and the accused have the right to be represented throughout the hearing and to be informed of the outcome of disciplinary proceedings.
Each LSCS College shall sponsor programs to educate staff and students about sexual assault.
E.3.09 - Threats and Violence:
Any student who makes substantial threats, exhibits threatening behavior, or engages in violent acts against other students, LSCS employees, visitors, or other individuals on LSCS property shall be removed and shall remain off LSCS premises pending the outcome of an investigation.
E.3.10 - Disciplinary Action:
If after investigation there is conclusive proof of the student’s wrongdoing, LSCS shall initiate an appropriate response, which may include, but is not limited to, suspension, expulsion, and/or arrest and criminal prosecution of the person involved.
E.3.11 - Student Notification:
Students shall notify a LSCS police officer of any threats which they have witnessed, received, or have been told that another person has witnessed or received, when the threats alleged occurred on LSCS property or at an off-campus LSCS/College-sponsored event.
Students shall make this report regardless of the relationship between the individual who initiated the threat or threatening behavior and the person or persons who were threatened or were the focus of the threatening behavior.
E.3.12 - Notice of Protective or Restraining Order(s):
Any student who is under the protection of a protective or restraining order must provide a written copy of the court document to LSCS’s Police Department, if enforcement of the order is required.
LSCS acknowledges the sensitivity of such information and will take appropriate steps to recognize and respect the privacy of the reporting party.
E.3.13 - Convicted Sex Offender Policy:
The Texas Code of Criminal Procedure Article 62.153 requires each person who is required to register as a sex offender, and who intends to be employed, work with a contractor, or attend classes at LSCS to register with LSCS’s Police Department at least seven (7) days prior to reporting to any System location.
Current LSCS Board policy requires that a sex offender seeking to be employed with, provide service to, or enroll at LSCS must submit information pertinent to his or her offenses to LSCS’s Review Committee for a determination of eligibility for employment, vendor services, or enrollment. A person seeking to be enrolled as a student must first be approved before completing the registration process.
LSCS Policy Manual Section adopted by the Board of Trustees on August 7, 2008