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Student Handbook

Student Handbook

LMC Mission Statement

Together we empower people and communities to thrive through education, innovation, and experiences

Letter from the President

Welcome to Student Affairs! 

The Student Affairs Division offers you, as a student, a wide variety of support services - academic advising, mentoring, career exploration, counseling, and more. You can explore all of our services on the MyLMC page of the website - get to it from anywhere with the link in the upper right corner of the LMC home page.

You can also visit Student Services in person in the Main Building on the Benton Harbor Campus or in the front office of the Niles and South Haven campuses.

Below, you will find information about your rights and responsibilities as a student at Lake Michigan College.

We are dedicated to helping you navigate your way throughout your academic journey: your first visit to campus, participating in orientation, planning your educational pathway, and planning your future career as you prepare to graduate. 

We seek to be welcoming to all our students. We place the highest priority on the values of inclusivity, compassion, integrity, and teamwork. Every day we strive to live up to these values and to embody them in everything that we do. 

It is my honor to welcome you, and I want you to know that it is a privilege for me and the Student Affairs staff to be able to work with students every day and help make a difference in our community. 

Dr. Trevor Kubatzke
LMC President

 

Student-Related Policies

Students attending LMC are responsible for knowing and adhering to all policies, including LMC’s Code of Conduct, academic honesty, standards of progress, attendance, grades; use of facilities including the weapons-free campus policy; tuition and refunds; active military duty; children on campus; rules, regulations, and all local, state and federal laws. Browse all Lake Michigan College Policies.

Links to policies

June 6, 2023
January 10, 2023
July 18, 2023
August 30, 2023
January 10, 2023
January 11, 2023
January 11, 2023
August 30, 2023
March 19, 2024
April 5, 2023
January 17, 2023

 

Code of Conduct

Lake Michigan College seeks to foster a secure learning environment. The Student Code of Conduct sets forth expectations for individuals who choose to become part of the college community. Students attending LMC are responsible for adhering to its Student Code of Conduct, Rules, Regulations, college policies, and all local, state and federal laws. 

 

  • Accused Student – Any student accused of violating this Code of Conduct or the general college rules. 
  • Appeal – A request to review a previous college decision. All students are required to state their appeal in writing at the time they begin the appeal process. 
  • Behavioral Intervention Team (BIT) – The BIT’s responsibility is to identify and Coordinate services or intervention strategies for a broad range of student behaviors, including but not limited to mental illness, substance abuse, and disruptive conduct. The use of behavioral intervention teams is a method for identifying and responding to student conduct issues in an educational setting. The BIT has been charged with upholding college policies and maintaining a healthy environment for the college. 
  • Campus Designee – A college appointee who is responsible for initiating the judicial process at the local level. 
  • College – Lake Michigan College 
  • College Officials – Administrative and executive officers and their designees. 
  • Complainant – Any person who submits a charge alleging that a student violated this Code of Conduct or the general college rules. 
  • Criminal Activity – Any alleged violation of local, State, or Federal laws. 
  • Off-campus – Off-campus classes, including online, utilize LMC resources including faculty, internet, or intranet services, whether or not directly operated by LMC. 
  • On-campus – All property owned, operated, maintained, controlled, or leased by LMC. 
  • Ombudsperson – This persons' primary duty is to assist students in resolving complaints or disputes within the college. The ombudsperson also helps staff members, instructors, and administrators sort through college rules and regulations that might apply to specific issues and concerns. The ombudsperson carries out these duties in a neutral, confidential, informal and independent manner. 
  • Property Belonging to LMC – All land, buildings, facilities, or other grounds or structures, including adjacent streets and sidewalks, or any item in possession of or owned, used, loaned, leased, maintained, or controlled by LMC or funded by LMC budgets, including computers and network systems, library materials, classrooms, and laboratories used for LMC purposes. 
  • Student – an individual, who is currently enrolled, has been enrolled, or who has applied to be enrolled at Lake Michigan College. 
  • Student Appeals Committee – A group of persons authorized by the Vice President of Student Affairs (or their designee) to consider whether a student has violated the Code of Conduct. 

 

This Code applies to:

  • The on-campus conduct of all students and registered student organizations.

  • The off-campus conduct of students and registered student organizations in direct connection with the use of college resources, including the campus network; academic course requirements, such as internships, field trips, international study, or experiential learning activities; any activity supporting the pursuit of a certificate or degree, such as research at another institution; and any activity sponsored, conducted, or authorized by LMC or by registered student organizations. 

  • Off-campus conduct that negatively impacts LMC such as threats of violence or physical harm, unlawful harassment, or other conduct which may have a negative impact or may place its community (inclusive of students, employees or faculty) at risk. 

This Code also applies to:

  • Any activity that causes substantial risk of destruction of property belonging to LMC or causes serious risk of harm or endangers the health or safety of members of the LMC community, including students, staff, and members of the public when participating in LMC events or activities. 

  • Any activity in which a police report has been filed, a summons or indictment has been issued, or an arrest has occurred for criminal activity. 

Students of LMC are guaranteed all rights, privileges, and freedoms granted to a citizen of the United States. In addition, they are entitled to an environment that is conducive to learning and individual growth. To this end, students enrolling at LMC assume responsibility for the college’s student conduct regulations, just as they assume a citizen’s responsibility to abide by Federal, State, and local laws. Violation of statutory laws or the college student conduct regulations or specific departmental rules may lead to disciplinary action(s) by LMC.

Students are expected to conduct themselves as responsible individuals in accordance with institutional policies, rules, and regulations. In developing responsible student conduct, the institution prefers advisory, guidance, admonition, and example. However, when these means fail to resolve problems of student conduct and responsibility, appropriate disciplinary procedures will be followed. 

Misconduct for which students are subject to disciplinary action falls into the general areas of academic dishonesty, threatening physical and verbal behavior, and violations of civil or criminal statutes and/or institutional policies, rules and regulations. A student found to have committed or attempted to commit the following misconduct is subject to disciplinary sanctions: 

  • Abusive Behavior: Any conduct, including but not limited to, physical harm or abuse, bullying, verbal abuse, use of profanity, threats, intimidation, harassment, or coercion, or any behavior that threatens or endangers the health, safety, or well-being of any person is prohibited at any location providing college services. 
  • Academic Dishonesty: Cheating and plagiarism are the two most obvious forms of academic dishonesty. No student shall engage in behavior that, in the judgment of the instructor of the class, constitutes cheating, fabricating, lying, plagiarism, or theft of academic property. In brief, plagiarism is borrowing ideas, words, organization, etc., from another source or person and claiming them as original. Any dishonest activity may result in failure of specific assignments or an entire course. 
  • Acts of Dishonesty: No student shall furnish false and/or misleading information to any official, college employee or office nor engage in forgery, alteration or misuse of any college document, record or instrument of identification. 
  • Alcohol Violation: the unlawful manufacturing, distribution, possession and/or sale of alcoholic beverages (except as expressly permitted by college regulations) or public intoxication on any LMC property or off-campus sites such as hospitals or clinics. 
  • Drugs Violation: the unlawful manufacturing, distribution, possession and/or sale of marijuana, narcotics, or other controlled substance except as expressly permitted by law. This includes the possession of paraphernalia. The Michigan Medical Marijuana Act of 2008 (MMMA) notwithstanding, LMC is subject to the Federal Drug-Free Workplace Act of 1988 and the Federal Drug-Free Schools and Communities Act Amendment of 1989, both of which prohibit controlled substances on campus, including marijuana. The use or possession of medical marijuana is not permitted anywhere on LMC's campuses. 
  • Assembly: No student or students shall assemble in a manner that obstructs the free movement of persons about the campus or that interferes with the normal operation of college programs and services. 
  • Athletic Misconduct: The Athletic Department imposes a higher standard of conduct on its student-athletes. Please refer to the Athletic Department for more information regarding the Athletic Code of Conduct. 
  • Classroom Misconduct: Classroom misconduct is any substantial behavior which disrupts or interferes with the learning experience, or disrupts the academic atmosphere of the institution including college-sponsored events and activities. Students are required and expected to conduct themselves as mature, considerate adults. Students should conduct and express themselves in a way that is respectful to all persons. This includes respecting the rights of others to comment and participate fully in class. 
  • Compliance with Applicable Law: No student shall violate any college policy, rule or regulation or other local, State or Federal law, ordinance or regulation on college-owned or operated property or in connection with any college-sponsored program, course of study or activity. Complicity in violating the Code of Conduct includes attempting, aiding, abetting, conspiring, hiring or being an accessory to any act prohibited by this Code. If a student has knowledge of another student, individual, or group committing or attempting to commit a violation of the Code, he or she is required to remove him- or herself from the situation and report it to the college. 
  • Contracts: No student shall enter into any contract in the name of the institution except with prior written authorization from appropriate college officials. 
  • Failure to Comply: A student shall comply with the direction of institutional officials, faculty, staff, or security officers in performance of their duties and identify oneself to these people when requested to do so. All students will carry a current LMC-issued photo identification. 
  • Gambling: A student shall not engage in any form of gambling on college-owned or operated property that is not a college-sponsored activity. 
  • Harassment: No student shall engage in harassment of another person. This shall include but not be limited to stalking, sexual or racial harassment and verbal and/or physical actions. 
  • Indecent or Obscene Behavior: A student shall not engage in any vulgar, unbecoming or obscene behavior. 
  • Obstruction/Abuse of Grievance Procedure: Includes but is not limited to:
    • Failure to comply with a summons of the Student Appeals Committee.
    • Falsification, distortion, or misrepresentation of the information to the Student   Appeals Committee.
    • Disruption or interference with the orderly process of a discipline hearing.
    • Attempting to discourage an individual’s proper participation in or use of the Student Discipline Grievance Procedure.
    • Attempting to influence the impartiality of a member of the Student Appeals Committee prior to and/or after a Student Discipline Grievance Procedure.
    • Verbal or physical harassment and/or intimidation of a member of Student Appeals Committee prior to, during, and/or after a Student Discipline Grievance Procedure.
    • Failure to comply with decisions, recommendations or sanctions imposed by the Student Appeals Committee.
    • Influencing or attempting to influence another person to commit an abuse of the Student Discipline Grievance Procedure.
  • Other Prohibited Misconduct: The college reserves the right to evaluate and document special cases and to refuse admission and/or continued enrollment if the college determines that the applicant/student is a threat or a potential danger to the college community or if such refusal is considered in the best interest of the college. The Vice President of Student Affairs may specify other behaviors that shall constitute student misconduct, subject to the approval of the President.
  • Safety: A student shall not engage in behavior that violates any safety rules of any classroom, laboratory, or other institutional facility. This shall include, without limitation, the wearing of any required personal safety equipment and following prescribed methods and procedures for handling and disposing of materials, which may be hazardous, unstable, contagious, etc.
  • Signs: A student shall not erect or display signs or posters on college-owned or operated property unless authorized by the institution. A student shall not deface, alter, tamper with, destroy or remove any sign or inscription on college-owned or operated property.
  • Soliciting: A student or organization may not use institutional facilities, solicit funds or goods on or off-campus, or schedule activities unless such action has been approved by appropriate institutional officials. Students may post information on identified, public boards on each campus.
  • Smoking and Use of Tobacco: Smoking and use of tobacco products are strictly prohibited except personal vehicles and designated exterior smoking areas only.
  • Theft or Abuse of Electronics and/or Technology:
    No student shall engage in the theft or abuse of electronics and/ or technology, including but not limited to:
    • Unauthorized entry into a file to use, read, or change the contents for any other purpose
    • Unauthorized transfer of a file
    • Unauthorized use of another user’s identification and password
    • Use of computing facilities to interfere with the work of another student, faculty, or staff member or college official
    • Use of computing facilities to interfere with the normal operation of the instructional computing system
  • Theft and Vandalism: A student shall not engage in attempted theft of and/or damage to property of the institution or a member of the college community or other personal or public property. 
  • Use of Institutional Facilities: Unlawful or unauthorized use of the institutional facilities is prohibited. 
  • Weapons: A student shall not possess, use, or threaten to use weapons or explosives on any college-owned or operated property or at a college-sponsored activity except as specifically authorized in writing by appropriate college officials. (Also see the Weapons Free Campus Policy.)

When reports of alleged violation of the Code of Conduct surface, they are addressed by the Vice President of Student Affairs or designee. The steps followed to resolve formal disciplinary matters are called the judicial process. The judicial process exists to ensure that basic due process is granted to all LMC students who find themselves in conflict with the college standards. Students, faculty, and staff may report possible infractions. 

Due Process is the guarantee of student civil rights under the Constitution of the United States and the laws and regulations of the state of Michigan and Lake Michigan College. Due Process is that process which prevents rights from being taken away from an individual without notice and an opportunity to respond to allegations. Due process requires that the Vice President of Student Affairs or designee shall meet with the student as soon as possible after the alleged violation of the Code of Conduct and at such meeting the Vice President of Student Affairs or designee shall provide the student with (1) notice of the alleged violations of the Code of Conduct, (2) the facts upon which the alleged violation is made, and (3) an opportunity to discuss the alleged violations and to be heard. Within five (5) school days of the meeting, the Vice President of Student Affairs or designee will provide the student with notice of the decision and information regarding the appeal process, if applicable.

Anyone wishing to report student misconduct shall document all relevant information on the Maxient Conduct Manager System using the Student Conduct/Concerning Behavior form. When an incident report is filed, it is reviewed by the Vice President of Student Affairs or designee. 

Following review of the incident report (which may include without limitation, any and all research deemed appropriate regarding the underlying incident), a determination will be made by the Vice President of Student Affairs or designee (in possible consultation with other campus and/ or college leadership) whether charges of misconduct should be filed in response to the incident. 

When a Maxient report of possible infraction of the Code of Conduct is received by the office of the Vice President of Student Affairs or designee, the following process is implemented: 

  1. The report of alleged misconduct is reviewed by any of the following: the Vice President of Student Affairs or designee. This review will determine suitable address of the matter, including whether judicial action should be initiated and may include contacting the student reportedly involved in the incident and/or other witness(es) to seek additional, clarifying information. Review of a reported incident does not, in itself, constitute judicial action. 
  2. If it is determined that judicial action should be initiated to resolve a more serious infraction,   an attempt to make personal contact with the alleged student will be conducted. If unable to contact the alleged student a written notice of judicial charges and sanctions is sent to the student’s local address listed in college records and a meeting with the accused student(s) is conducted by the Vice President of Student Affairs or designee. 
  3. Failure or refusal to pick up or accept a letter does not remove the student’s obligation to adhere to any instructions, sanctions, or deadlines issued in the letter. 
  4. A student may not avoid adjudication of an alleged policy infraction by withdrawing from the college. Should a student withdraw or depart from the college before investigation and/or adjudication of an alleged infraction is completed, the judicial process may proceed, and appropriate sanctions for confirmed charges may be issued. Pending resolution of a disciplinary matter, a hold will be placed on the absent student’s transcript. 

The Vice President of Student Affairs or designee handles matters that require disciplinary action at Lake Michigan College. All students at the college are guaranteed due process (See Due Process section of this document) in disciplinary matters.

When a student has been charged with misconduct or an infraction of the college rules, the Vice President Student Affairs or designee will confer with the student charged. Pending action by the Vice President of Student Affairs or designee on the charges, the status of the student will not be altered, nor will his/her right to be present on the campus and to attend classes be suspended, except for reasons related to the safety and/or well-being of other LMC students, employees, or property. The Vice President of Student Affairs or designee shall be the person to make the decision to suspend with regard to safety or property. Disciplinary action taken by the Vice President of Student Affairs or designee toward a student found responsible for misconduct or a violation of college rules may include, but are not limited to, an oral warning up to expulsion from the college. See sanctions. 

Any combination of the following sanctions or other sanctions may be imposed through the judicial process. Multiple and/or repeated violations typically result in increased sanctions. 

The sanctions listed are not inclusive, but merely serve as guidelines: 

  1. College Property Restrictions – restriction from certain college facilities or property, either physical or virtual, for a definite period of time. 
  2. Disqualification – from receipt of institutional financial aid while the sanction is imposed or possibly thereafter. 
  3. Educational Sanctions – a student is required to write a paper, plan and present a program, attend a class or seminar, or complete other educational requirements. 
  4. Expulsion – the most severe sanction of violation of college policy is expulsion, which results in immediate dismissal and permanent separation from the college. Any student who is expelled due to misconduct will not be entitled to any refund of tuition or other fees and may incur additional charges and fees after financial aid is adjusted. 
  5. Fine – a monetary penalty for property damage, theft, or other violations that result in inconvenience cost to others. 
  6. Formal Warning – a written reprimand that expresses disapproval of the student’s actions and warns against any potential violations of college policy in the future. 
  7. Interim Suspension – temporarily restrict student(s) from campus/college activities pending a hearing. 
  8. Loss of Privileges – denial of specific privileges for a designated period of time. 
  9. Parental Notification – as permitted by law, the college reserves the right to disclose to parents or legal guardians information about a student’s violation of college regulations and policies and Federal, State and/or local laws governing the use of alcohol or a controlled substance. The college may notify parents/legal guardians of alcohol or a controlled substance violation if the student is under the age of 21. The Vice President of Student Affairs or designee determines the circumstances under which parental notification takes place. 
  10. Probation – a period of observation and review. The length of this period of probation will be determined by the Vice President of Student Affairs or designee. If found responsible for violating any college policies or failure to comply with other requirements stipulated during this period, the student may be immediately suspended from the college and/or events pending further disciplinary review. 
  11. Restitution – compensation for loss, damage, or injury. This may take the form of appropriate service and/or monetary replacement. 
  12. Suspension – immediate dismissal from classes and activities at the college for at least the remainder of the term/semester in progress and/or a specified period of time thereafter. Any additional violations or failure to comply with other requirements stipulated during this time period of suspension may result in expulsion. During suspension, the student is not permitted to visit the college premises or attend any college functions without prior written permission from the Vice President of Student Affairs or designee. Any student who is suspended due to misconduct will not be entitled to any refund of tuition or other fees and may incur additional charges and fees after financial aid is adjusted. 

Expulsion or Suspension 

  1. All recommendations for expulsion or suspension shall be directed to the Vice President of Student Affairs or designee, who may also initiate such action on his/her own authority. Where such recommendation is received, where the Vice President of Student Affairs designee on his/her own authority determines such recommendation appropriate, the Vice President of Student Affairs or designee shall meet with the student within five (5) school days and shall provide the student with (1) notice of the recommendation, (2) the facts or allegations upon which the recommendation is made, (3) an opportunity to discuss the allegations and to provide such information as the student deems appropriate or relevant, and (4) the right to appeal. 
  2. Upon receiving a recommendation for expulsion or suspension, or upon determining on his/her own authority that such discipline is appropriate, the Vice President of Student Affairs or designee may temporarily prohibit the student from attending any classes or participating in any other college activities until the meeting with the student is held. 
  3. At the conclusion of the meeting, the Vice President of Student Affairs or designee may either (a) impose such lesser discipline as he/she deems appropriate under the circumstances, or (b) recommend to the president that such student be expelled or suspended. The Vice President of Student Affairs or designee shall notify the student of his/ her recommendation and shall also notify the student of his/her appeal rights. 
  4. See Student Appeal Process. 

Exclusion from a Class or Course, Probation, or Reprimand 

All recommendations for exclusion or removal from a course or class for reprimand or censure, or for probation must be initiated by a faculty member or adjunct. Or it may be initiated by the Vice President of Student Affairs or designee upon his/ her own authority. Where such a recommendation is received, or where the Vice President of Student Affairs or designee, deems such discipline appropriate, he/she shall meet with the student within five (5) school days and both will follow the Academic Complaint Procedure.

 

Step 1: Violation – Code of Conduct 

Alleged event or alleged code of conduct violation occurs and the Vice President of Student Affairs or designee is notified.  

Investigation and adjudication of alleged violation occurs. The Vice President of Student Affairs or designee send student(s) a letter describing the allegation(s), or violation(s) and sanction(s) if applicable. Student is informed of rights regarding appeal. 

Step 2: Student Response 

  1. Student agrees with the findings and the case is closed.
  2. If student disagrees with findings and/or sanction(s), the student can appeal the Vice President of Student Affairs or designee’s decision through the Student Appeal Process with the Student Appeal Committee. The student must submit their appeal request in writing to the College ombudsperson within five (5) business days after receiving the final decision from the Vice President of Student Affairs or designee.

Step 3: Student Appeal Committee 

If student disagrees with findings and/or sanction(s) Within seven (7) business days of receiving the written appeal request the Student Appeal Committee will set a hearing date. The Student Appeal Committee will hear the case and make a final determination as to whether the student violated the Code of Conduct. Within seven (7) business days after the hearing the Student Appeal Committee will render a decision and the decision is final. 

The college reserves the right for the Vice President of Student Affairs or designee to suspend the normal judicial process under the following circumstances: cases where a student may present a threat of harm to self, or others, to property, or are disruptive to the campus living and learning community. 

General Provisions

  1. All documents, communications, and all records dealing with an appeal shall be filed by the Vice President of Student Affairs or designee. All records of actions under this procedure shall be held in strict confidence and will be available to the student initiating the appeal or his/her representative. 
  2. Hearings and conferences held under this procedure shall be conducted at a time and place that will afford a fair and reasonable opportunity for all appropriate persons to be present. When such hearings and conferences are held during college hours, employees who are required to attend shall be excused to do so with no reduction in pay. Students who are required to attend will be excused from classes with no penalty. 
  1. Jurisdiction 
    The Student Appeals Committee shall hear and determine appeals in the following situations: Student-, faculty-, or staff-generated complaints concerning student conduct excluding grades. The decision of the Student Appeals Committee is final.
     
  2. Composition
    The Student Appeals Committee shall consist of two (2) students, two (2) faculty from outside the division*, two (2) administrators outside the division and one (1) classified staff. The Director of Intercollegiate Athletics will chair and facilitate the Student Appeals Committee and is a non-voting member. The student body, Division and Departments will annually create a pool of participants from which to draw committee members. *Division refers to that of the faculty referenced in the complaint.
     
  3. Ombudsperson 
    Any full-time staff and/or faculty member can serve as the Lake Michigan College ombudsperson and is appointed by the Dean of Student Affairs. The ombudsperson’s primary duty is to assist students in resolving complaints or disputes within the college. The ombudsperson also helps staff members, instructors, and administrators sort through college rules and regulations that might apply to specific issues and concerns. The ombudsperson carries out these duties in a neutral, confidential, informal and independent manner.

    The current Benton Harbor Campus ombudsperson is Nicole Hatter, (269) 927-8185. 

    The Niles-Bertrand Crossing Campus ombudsperson is the Director of Student Services, (269) 695-2988. 

    The South Haven campus ombudsperson is the Director of the Campus and can be reached at (269) 637-7500. 

    Following a request for assistance, the ombudsperson will take one or more of the following actions: (1) listen carefully to the concern, (2) explain relevant student rights and responsibilities, (3) review relevant college policies or regulations, (4) suggest fair and equitable options, 5) refer the individual to an appropriate college or community resource, or (6) investigate, when necessary. The ombudsperson is available to all parties involved in Student Appeals Committee hearings, the final step in an effort to resolve a dispute. 

    NOTE: The ombudsperson is not an advocate for any group on campus; instead the ombudsperson is an advocate for fairness. The ombudsperson also does not provide legal service, represent students or instructors at academic grievance or disciplinary hearings or mediate disputes between or among faculty or between faculty and administrators. The office of the ombudsperson does not accept formal complaints or notice for the college. Members of the LMC community may contact the ombudsperson in person or by e-mail. At any point in the process, the student, faculty, adjunct or staff may enlist the assistance of the LMC ombudsperson for procedural assistance. Any informal records that are generated will be kept on file by the ombudsperson. The above procedure excludes issues related to sexual harassment, civil rights, Title IX, and disability concerns.

    Complaint procedures for these areas can be found in the college Policies section of the college catalog or directed to the Executive Director of Human Resources at (269) 927-8102. Any questions regarding your rights under Section 504 should be directed to the Student Outreach and Support Services office at (269) 927-8866. 

 

The purpose of the hearing is to provide the opportunity for the campus designee or complainant and the respondent to present all relevant information and evidence with regard to the alleged misconduct. The respondent (student) requesting the appeal is encouraged to present new evidence to support their position. 

It is the responsibility of the Student Appeals Committee, as applicable, to consider impartially all relevant information and evidence, determine the facts, apply college policy, and impose appropriate sanctions if the respondent is found responsible for the alleged violation. College judicial hearings are administrative hearings that allow flexibility and are not courts of law. Students may have an advisor from the college community during the hearings, but not an attorney. The advisor cannot speak or ask questions during the hearings or interrupt the procedures in any way. The judicial process is separate and independent from any civil or criminal action and may proceed even if a related matter is anticipated or pending in other forums. Rules of evidence and the criminal standard of proof do not apply. Student Appeals Committee members, as applicable, are expected to find a student or student organization responsible for violations of college policies only if the information shows that it is more likely than not that misconduct occurred. 

Whenever a hearing in front of the Student Appeals Committee is to be held regarding an allegation of misconduct, the campus designee or respondent and the complainant shall be given at least three (3) business days’ notice of the charges and the date, time, and place of the hearing. Failure of the respondent to attend the hearing will result in the case being heard in his or her absence. The order of presentation of the hearing will normally be as follows: 

  1. Introductions and reading of the charge(s) by the Student Appeals Committee Chair. 
  2. The campus designee or complainant presents an opening statement. 
  3. The accused presents an opening statement. 
  4. The campus designee or complainant presents relevant evidence and witnesses. 
  5. The accused may question the campus designee or complainant’s witnesses. 
  6. The Student Appeals Committee may question the campus designee or complainant’s witnesses. 
  7. The accused presents relevant evidence and witnesses. 
  8. The campus designee or complainant may question the witnesses of the accused. 
  9. The Student Appeals Committee may question the accused’s witnesses. 
  10. The Student Appeals Committee presents any witnesses called by the Student Appeals Committee itself. 
  11. First the campus designee or complainant and then the accused may question the Student Appeals Committee’s witnesses. 
  12. Any witness may be recalled for further questioning by any participant. 
  13. The campus designee or complainant presents a final statement. 
  14. The accused presents a final statement. 
  15. The Student Appeals Committee deliberates privately and renders a decision. 
  16. The Student Appeals Committee Chair sends to the accused student the decision in writing within seven (7) business days. 

The Student Appeals Committee may ask questions of witnesses at any time and also facilitate the presentation of the case. The Student Appeals Committee may call additional witnesses or seek further evidence relating to a case if the Student Appeals Committee member desires clarification or further information. All hearings shall be closed to everyone except the Student Appeals Committee appropriate college staff, the respondent, the campus designee or complainant, the observer/recorder selected by the college, and witnesses during the actual time of their testimony. The proceedings of the Student Appeals Committee hearings are presumptively confidential. Unauthorized disclosure of information by any party or witness involved during the hearing process may lead to disciplinary action. 

The respondent is entitled to be present at the hearing, to hear and respond to evidence regarding the charges, to present witnesses, and to question witnesses and other evidence. 

Witnesses must be members of the college faculty, staff or student body; unless the Student Appeals Committee rules that others may appear in the interest of the case. 

The respondent and complainant must give the names of all relevant witnesses to the ombudsperson at least two (2) business days before the hearing. The respondent and complainant will have access to the names of all witnesses. It is the responsibility of the respondent and complainant to notify all witnesses of the date, time, and location of a hearing. If a witness fails to appear, the hearing shall be held in his or her absence. 

All relevant information will be admissible. It is the responsibility of the respondent and complainant to submit all relevant information to the ombudsperson at least two (2) business days before the hearing. The chair, in consultation with the Student Appeals Committee members, will determine relevance. All evidence and information presented to the Student Appeals Committee is expected to be truthful, accurate, and complete. Failure to give truthful and complete information at a hearing may result in disciplinary action for a witness. Following the proceedings, the Student Appeals Committee will meet in a private session to deliberate whether the respondent is responsible or not for the charges based on the Committee’s judgment of whether it is more likely than not that misconduct has occurred. The Student Appeals Committee will not provide input on sanction(s) to the respondent. The Student Appeals Committee’s decision shall be based only on evidence presented at the hearing. The chair will remain in the session as a resource person, but will not participate in the deliberations. The Student Appeals Committee must reach a majority decision, with all members of the Student Appeals Committee voting. The decision of the Student Appeals Committee is final.

If a student is dismissed or suspended from one LMC location, that individual is dismissed or suspended from all LMC locations. After the suspension/dismissal period has been met the individual under dismissal or suspension may apply for reinstatement. The suspension/dismissal starts at the time/date of official notification to the student from the Vice President of Student Affairs or designee.

Prior to returning to campus, the Vice President of Student Affairs or designee may, if deemed appropriate, require the student to be assessed by an appropriate psychological provider (e.g., licensed clinical mental health counselor, psychologist, psychiatrist, licensed social worker). The purpose of the evaluation is to assure: 

  1. The student is safe to return to campus and does not pose an immediate harm to him/herself or others and is able to adequately care for him or herself. 
  2. The student is able to function both socially and academically and will not cause any disruption to the community and normal functioning of the college. 

The individual must begin the reinstatement process by informing, in writing, the Vice President of Student Affairs or designee.  The letter should include a description of specific goals and supportive steps that the student will implement to help reduce the risk of another episode (or conduct issue) that caused the initial suspension or dismissal from the college. The appeal will be reviewed by the Vice President of Student Affairs or designee, who will act on the appeal within thirty (30) days of its receipt. The recommendation of the Vice President of Student Affair or designee, will be final. If the reinstatement request is denied, the student may appeal for reinstatement again after an additional five (5) years.

Policy Statement 

Office of Origin: Human Resources; Student Affairs
Responsibility: Executive Director, HR; Dean of Student Affairs
Original Date Adopted: 5-23-89
Dates Reviewed: 2-4-09, 9-17-21(C), 1-19-22(C)
Last Date Board Approved: 12-7-21

Standard/Code of Conduct

Lake Michigan College (the College) adheres to and complies with the Drug Free Schools and Communities Act Amendments of 1989 (DFSCA), which requires the College to certify that it has adopted and implemented programs to prevent the illicit use of drugs and the abuse of alcohol by students and employees. In accordance with the DFSCA and other applicable laws, including the Drug Free Workplace Act of 1988, the College is distributing an annual notice and attachments to students and employees.

The College will make a good faith effort to continue to maintain a drug free workplace/environment through the implementation of the following standard/code of conduct: 

  1. Employees
    1. The unlawful manufacture, distribution, possession, use or sale of any controlled substance and/or alcohol on College premises or while acting as an agent of the College is prohibited and will constitute grounds for discipline, up to and including termination and referral for prosecution.
    2. Each employee engaged in the performance of a federal contract or grant must have a copy of the Drug Free Workplace/Drug and Alcohol Abuse Prevention Program policy and must agree, as a condition of employment, to abide by its terms and to notify the College of any criminal drug statute conviction for a violation occurring in the workplace no later than 5 days after the conviction.    
    3. The College will notify federal contracting or granting agencies of any convictions (as described 2 above) within 10 days after receiving notice of the conviction. 
    4. The College requires employees convicted of violations of criminal drug statutes in the workplace to satisfactorily participate in a drug abuse assistance or rehabilitation program, or face sanctions up to and including termination and referral for prosecution.

      The College will establish procedures to effectively enforce this policy.  

      The College maintains an Employee Assistance Program (EAP). It strongly urges employees to use the EAP for confidential help with alcohol or drug problems. It is each employee's responsibility to seek assistance from the EAP before the problem affects judgment, performance, or behavior. For EAP assistance, contact the Executive Director, Human Resources at (269) 927-8704. 
       

  2. Students
    1. The unlawful manufacture, distribution, possession, use or sale of any controlled substance and/or alcohol on College premises or while engaged in College activities is prohibited and will be subject to discipline, up to and including expulsion and referral for prosecution. 
    2. The College will establish procedures to effectively enforce this policy.

Legal Sanctions

  1. Federal
    Federal law provides criminal and civil penalties for unlawful manufacture, distribution, possession, use, or sale of a controlled substance. Under the Controlled Substance Act, as well as other related federal laws, the penalties for controlled substance violations include, but are not limited to, incarceration, fines, potential for the forfeiture of property used in possession or to facilitate possession of a controlled substance (which may include homes, vehicles, boats, aircrafts and any other personal or real property), ineligibility to possess a firearm, and potential ineligibility to receive federal benefits (such as student loans and grants).
     
  2. State
    Michigan law prohibits the unlawful manufacture, distribution, possession, use, or sale of a controlled substance. If an individual is found guilty of a violation of the state law, they may be subject to fines and/or imprisonment.

    Notwithstanding state permissibility, the use and possession of marijuana or marijuana-induced intoxication are prohibited on College property. 

    A minor may not purchase or attempt to purchase alcoholic liquor, consume, or attempt to consume alcoholic liquor, possess, or attempt to possess alcoholic liquor, or have any bodily alcohol content. Violation of the law may subject a minor to fines, participation in a substance abuse program or treatment center, imprisonment, community service hours, and/or out of pocket expenses related to required substance abuse screenings.
     

  3. Local
    Berrien County follows State of Michigan laws.

Health Risks and Dangers in the Workplace

  1. Drug Abuse
    The following subcategories describe the most frequently used drugs and their respective associated risks, as follows (source: www.drugfree.org):
    1. Prescription Drugs.
      1. Pain relievers (Codeine, OxyContin, Percocet, Vicodin) – a large single dose can cause severe respiratory depression that can lead to death.
      2. Prescription Stimulants (Adderall, Dexedrine, Ritalin) – taking high doses may result in dangerously high body temperatures and an irregular heartbeat. Potential for heart attack or lethal seizures.
      3. Prescription sedatives and/or tranquilizers (Merbaral, Quaaludes, Xanax, Valium) – slows down brain activity and, when a user stops taking them, there can be a rebound effect that leads to seizures and other harmful consequences.
    2. Marijuana – can cause memory and learning problems, hallucinations, delusions and depersonalization.
    3. Ecstasy/MDMA - can cause severe dehydration, liver and heart failure and even death.
    4. Heroin – chronic heroin users risk death by overdose.
    5. Inhalants – chronic exposure can produce significant damage to the heart, lungs, liver, and kidneys. 
    6. Cocaine/Crack – can cause heart attacks, strokes, and seizures. In rare cases, sudden death on the first use.
  2. Dangers in the Workplace
    On a worksite, the use of alcohol and other drugs may result in:
    1. Mistakes, accidents, and injuries.
    2. Damage to workplace equipment, causing subsequent injuries.
    3. A deterioration in workplace relationships.
    4. Increased sickness-related absenteeism.
    5. Lateness and lost time.
    6. A decrease in productivity.
    7. A decrease in staff morale.

Drug and Alcohol Programs

  1. Employees
    The following programs are available for employees:
    1. The EAP, available to all full- and part-time employees, is administered through HelpNet. Information can be found in the Human Resources offices or on the Employee Portal under the employee benefit links.
    2. Substance abuse treatment, including counseling, in-patient, and out-patient care, is available through College group health plans. For more information, employees may contact the Executive Director, Human Resources at (269) 927-8704.
  2. Currently Enrolled Students
    The following programs are available to currently enrolled students:
    1. Substance treatment resources in Berrien County:
      • Comfort in Counseling Robyn’s Nest (269) 983-6686
      • Harbortown Treatment Center (269) 926-0015
      • Riverwood Center (800) 336-0341
      • Southwestern Michigan Clinic Christian Counseling (269) 429 7727
    2. Students who would like information about other alcohol and drug abuse referral services may contact the Student Affairs Counselor/Advisor at (269) 927-8886.
    3. Educational programs covering drug or alcohol abuse are covered in the Healthful Living, Health and Fitness, and Personal Health classes to acquaint students with the concept of wellness and the relationship between physical activity and optimal health and fitness.
    4. Brochures on underage drinking, drunk driving consequences, and drug use/abuse are available to students in multiple campus locations
    5. Informational booths, bulletin boards, and tables on substance and alcohol abuse are available to students.

Disciplinary Sanction

  1. Employees
    Any employee who violates the above standards/code of conduct will be subject to (1) mandatory participation in drug abuse assistance or rehabilitation programs as condition of continued employment and/or (2) disciplinary action up to and including discharge or dismissal and referral for prosecution.
     
  2. Currently Enrolled Students
    ​​​​​​​Any student who violates the above standards/code of conduct will be subject to the above listed legal sanctions, as well as some or all of the following non exhaustive disciplinary actions:
    1. Restriction from College property, physically and/or virtually.
    2. Disqualification from receipt of financial aid.
    3. Participation in an assignment or program designed to educate the student on the health and legal risks resulting from unlawful drug or alcohol conduct.
    4. Suspension or expulsion, without refund of tuition or other fees, and with potential additional charges or other fees.
    5. Formal warning.
    6. Loss of privileges.
    7. Parental notification.
    8. Probation.
    9. Restitution.

Annual Notification of the Drug and Alcohol Prevention Program (DAAPP)

The College will provide currently enrolled students and employees with a copy of the Drug and Alcohol Abuse Prevention Program notice annually. This notice will be emailed to the student via their College student email as well as their personal email. All employees will receive the notice through the College email system.

Oversight Responsibility

The Director, Culture & Talent Success will have oversight responsibility of the DAAPP, including but not limited to updates, coordination of information required in the DAAPP, and coordination of the annual notification to employees and students.

References:     
Drug-Free Workplace/Drug & Alcohol Abuse Prevention Program procedure
Drug Free Schools and Communities Act Amendments of 1989 (DFSCA)
Drug Free Workplace Act of 1988
        
Note: last legal review 9/9/21

The Drug Free Schools and Campuses Regulations (34 CFR Part 86) of the Drug-Free Schools and Communities Act (DFSCA) requires an institution of higher education (IHE) such as Lake Michigan College, to certify that it has implemented programs to prevent the abuse of alcohol and use and/or distribution of illicit drugs both by LMC students and employees both on its premises and as a part of any of its activities. 

At minimum, an IHE must annually distribute the following in writing to all students and employees: 

  1. Standards of conduct that clearly prohibit the unlawful possession, use or distribution of illicit drugs and alcohol by students and employees; 
  2. A description of the legal sanctions under local, state, or federal law for the unlawful possession and distribution of illicit drugs and alcohol; 
  3. A description of the health risks associated with the use of illicit drugs and alcohol abuses; 
  4. A description of any drug or alcohol counseling, treatment, or rehabilitation reentry programs that are available to employees or students; and 
  5. A clear statement that the institution will impose sanctions on students and employees and description of those sanctions, up to and including expulsion or termination of employment and referral for prosecution for violations of the standards of conduct. 

Legal Sanctions 

Federal 

Federal law provides criminal and civil penalties for unlawful possession or distribution of a controlled substance. Under the Controlled Substance Act as well as other related federal laws, the penalties for controlled substance violations includes, but is not limited to, incarceration, fines, potential for the forfeiture of property used in possession or to facilitate possession of a controlled substance (which may include homes, vehicles, boats, aircrafts and any other personal or real property), ineligibility to possess a firearm, and potential ineligibility to receive federal benefits (such as student loans and grants). 

State 

Under current Michigan state law, “a person shall not knowingly or intentionally possess a controlled substance.” If an individual is found guilty of a violation of the state law, they may be subject to large fines and/or imprisonment. 

A minor may not “purchase or attempt to purchase alcoholic liquor, consume or attempt to consume alcoholic liquor, possess or attempt to possess alcoholic liquor, or have any bodily alcohol content.” Violation of the law may subject a minor to fines, participation in a substance abuse program or treatment center, imprisonment, community service hours, and/or out of pocket expenses related to required substance abuse screenings. 

Local 

Berrien County follows State of Michigan laws. 

Health Risks – Drug Abuse

The following subcategories are the most frequently used drugs, listed with their associated risks associated category(ies), per the Partnership for Drug-Free Kids

  1. Prescription Drugs- covers both legally and/or illegally obtained.
    1. Prescription pain relievers (Codeine, OxyContin, Percocet, Vicodin) – a large single dose can cause severe respiratory depression that can lead to death. 
    2. Prescription Stimulants (Adderall, Dexedrine, Ritalin) – taking high doses may result in dangerously high body temperatures and an irregular heartbeat. Potential for heart attack or lethal seizures. 
    3. Prescription Sedatives and/or Tranquilizers (Merbaral, Quaaludes, Xanax, Valium) – slows down the brain’s activity and when a user stops taking them, there can be a rebound effect, possibly leading to seizures and other harmful consequences. 
  2. Marijuana (Blunt, Dope, Grass, Hash, Herb, Mary Jane, Pot, Reefer, Skunk, Weed) – can cause memory and learning problems, hallucinations, delusions and depersonalization. 
  3. Ecstasy/MDMA (Adam, Bean, E, Roll, X, XTC) - can cause severe dehydration, liver and heart failure and even death. 
  4. Heroin (Big H, Black Tar, Dope, Junk, Skunk, Smack) – chronic heroin users risk death by overdose. 
  5. Inhalants (Whippets, Bagging, Huffing, Poppers, Snappers, Dusting) – Chronic exposure can produce significant damage to the heart, lungs, liver, and kidneys.  
  6. Cocaine/Crack (Big C, Blow, Bump, Coke, Nose Candy, Rick, Snow) – can cause heart attacks, strokes and seizures. In rare cases, sudden death on the first use. 

Drug and Alcohol Programs 

The following programs are available to currently enrolled students: 

  1. Substance Treatment Resources in Berrien County:
    • Comfort in Counseling Robyn’s Nest (269) 983-6686
    • Harbortown Treatment Center (269) 926-0015 
    • Riverwood Center (800) 336-0341 
    • Southwestern Michigan Clinic Christian Counseling (269) 429-7727 
  2. Students who would like information regarding additional alcohol and drug abuse referral services may contact the Executive Director of Students at (269) 927-8150. 
  3. Educational programs covering drug or alcohol abuse are covered in the Healthful Living, Health and Fitness, and Personal Health classes to acquaint students with the concept of wellness and the relationship between physical activity and optimal Health and fitness. 
  4. Brochures on underage drinking, drunk driving consequences, and drug use/abuse are available to students in multiple campus locations 
  5. Informational booths and tables on substance and alcohol abuse are available to students. 

Disciplinary Sanctions 

Violations of the codes of conduct are taken very seriously. Disciplinary sanctions apply to students who violate the college’s drug and alcohol policy. See Sanctions in the Code of Conduct.  

Annual Notification of the Drug and Alcohol Prevention Program (DAAPP) 

The College will provide currently enrolled students with a copy of the Drug and Alcohol Abuse Program notice annually. This notice will be emailed to the student via their Lake Michigan College student email as well as their personal email.  

Oversight Responsibility 

The Director of Culture and Talent Success shall have oversight responsibility of the DAAPP including but not limited to; updates, coordination of information required in the DAAPP, and coordination of the annual notification to students.

Office of Origin: Human Resources     
Responsibility: Executive Director, Human Resources
Original Date Adopted: 7-1-92
Dates Reviewed: 1-21-14, 7-13-18, 1-12-22 (C)
Last Date Board Approved: 9-25-18  


Smoking and the use of nicotine on all Lake Michigan College (the College) campuses is prohibited except in personal vehicles and designated exterior smoking areas only. This applies to any property owned or maintained by the College, including inside all buildings (including Beckwith Hall), exterior open spaces except where designated, sidewalks, recreational spaces, vehicles owned or leased by the College, and parking lots (except in personal vehicles.) 

This policy applies to employees, students, visitors as well as consultants, and contractors and their employees. 

Smoking is defined as, but not limited to:

  • lighting, smoking, or carrying a lighted or smoldering cigar, cigarette, or pipe of any kind
  • use of any product intended to mimic tobacco products, containing tobacco flavoring, or delivering nicotine other than for purposes of cessation. 
  • use of smokeless tobacco, which includes chewing tobacco, dipping tobacco (dip), snuff, nasal tobacco (snus) and/or any other variation of smokeless tobacco product.
  • use of electronic or mechanical nicotine delivery systems and vaping, including electronic cigarettes, pipes, cigars, and atomizers or mechanical devices such as mechanical personal vaporizers (MPVs) that use mechanical magnetic switches for activation. While the College recognizes that these products may not contain tobacco, their use looks similar to regular tobacco products and therefore gives the appearance of smoking.

Smoking as defined above or the use of tobacco products in any form is only permitted on stage as part of a theatrical production.

In accordance with the Drug Free Workplace/Drug & Alcohol Abuse Prevention Program policy, smoking any controlled substance on College premises is prohibited and will constitute grounds for discipline, up to and including termination and referral for prosecution.

Cessation

The College is committed to supporting individuals to become nicotine free. Nicotine replacement therapy products (e.g., nicotine patches, gum) for the purpose of cessation are permitted provided they do not give the appearance of smoking. Employees may contact Human Resources for information on available cessation programs.

References: Drug Free Workplace/Drug & Alcohol Abuse Prevention Program policy
 

 

Know Your Rights

Educational records of all Lake Michigan College students are maintained in compliance with the Family Educational Rights and Privacy Act (FERPA) of 1974, as amended. FERPA is a Federal law administered by the U.S. Department of Education (Department) and applies to all educational agencies and institutions that receive funding under any program administered by the Department. 

FERPA ensures confidentiality of educational records and prescribes conditions under which information about students can be released, while also affording students certain rights with respect to their educational record. FERPA applies to all LMC students regardless of age or parental dependency. 

Notification of Student Rights 

A summary of student rights is outlined below. The college’s unabridged FERPA policy can be found at Notification of Student Rights.

As a Lake Michigan College student under the auspices of FERPA, you have the following rights: 

  1. The right to inspect and review your educational record within 45 days of the date the college receives a request for access. You should submit the request to the Registrar and identify the records you wish to inspect. The Registrar will make arrangements for access and notify you of the time/place the records may be inspected. By law, exceptions to the right to review include:
    • Parental financial information. 
    • Educational records containing information about more than one student, in which case the institution will permit access only to the part of the record which pertains to the inquiring student. 
    • Items outlined in the exclusions to the definition of an educational record. 
       
  2. The right to request amendment to your educational record. You may request an amendment of records you believe to be inaccurate, misleading, or otherwise in violation of your privacy rights under FERPA. A request to amend should be made in writing to the Registrar, clearly identifying the part of the record you want changed and specifying why it should be changed. The college is not required to honor the request, only to consider it. If the request is denied, the Registrar will notify you in writing of the decision and the right to a hearing on the decision. If, after the hearing, the college still chooses not to amend the record, you have the right to place a statement with the record commenting on the contested information. That statement must remain with the contested part of your record for as long as the record is maintained. 
     
  3. While the educational record amendment process may be used to challenge facts that are inaccurately recorded, it may not be used to challenge a grade, an opinion, or a substantive decision made by the college about you. The intention of the right to request amendment is to require only that schools conform to fair recordkeeping practices and not to override the accepted standards and procedures for making academic assessments, disciplinary rulings, or placement determinations. 
     
  4. Additionally, if FERPA’s amendment process is not applicable to your request for amendment of educational records, the college is not required to hold a hearing on the matter. 
     
  5. The right to consent to disclosure of personally identifiable information contained in your educational record, except to the extent that FERPA authorizes disclosure without consent. Information from your educational record may not be released to third parties without your prior written consent; however, there are exceptions to releasing information without a student’s approval, as outlined in the college’s FERPA policy. Exceptions which do not require approval include Lake Michigan College school officials with legitimate educational interest, as defined below: 

    School official: A school official is a person employed by Lake Michigan College in an administrative, supervisory, academic, research, or support staff position; a person or company with whom LMC has contracted (such as attorney, auditor, or collections agent); a person serving on the Board of Trustees; or a student serving on an official committee such as a grievance or disciplinary committee, or assisting another school official in performing his or her tasks. 

    Legitimate educational interest: A school official has legitimate educational interest if the official needs to review an educational record in order to fulfill his or her professional responsibility. 
     

  6. The right to file a complaint with the Department of Education: A person may file a written complaint with the Department of Education concerning alleged failures by LMC to comply with the requirements of FERPA. Written complaints may be sent to the following office, which administers FERPA: 

    Family Policy Compliance Office
    U.S. Department of Education
    600 Independence Avenue, SW
    Washington DC 
     

  7. A timely complaint is defined by the U.S. Department of Education as an allegation of a violation of the Act that is submitted to the Family Compliance Office within 180 days of the date of the alleged violation or of the date that the complainant knew or reasonably should have known of the alleged violation. 

Disclosure of Student Information 

Students have the right to consent to the disclosure of personally identifiable information contained in the student’s educational record, to request that information considered directory information not be disclosed (i.e., to have the entire educational record marked confidential), and to update those preferences as the student deems appropriate. 

Students may wish to designate a parent, guardian, spouse, or other person or persons to have the ability to access and/or discuss information which would not otherwise be released without the student’s prior written consent. In this case, the student must complete an Authorization to Release Information form and submit it to the Records Office/Office of the Registrar. Any designee will be required to supply the 4-digit PIN the student has submitted in order to speak with faculty or staff over the phone; the designee will be required to supply photo identification and verify the PIN when making a request in person. 

College staff will use case by case discretion in each conversation or request and reserves the right to deny any request. 

Students may, at any time, choose to rescind previous disclosure preferences. To change the type of information disclosed, to whom the information is disclosed, or to cancel previous authorizations altogether, the student must complete a Cancellation of Authorization to Release Information form to the Records Office/Office of the Registrar. 

Release of Directory Information 

Students may wish to prevent disclosure of the entirety of their education record, effectively making it completely confidential. To do so, the student must complete a Directory Information Hold & Release form and submit to the Records Office/Office of the Registrar, indicating the request to mark the student’s record confidential and thereby preventing the release of all information, including directory information. 

Once the student record is marked confidential, regular release of directory information will be prevented which includes, but is not limited to, release of information to potential employers, insurance companies, transfer schools or other requesting companies, listing in the commencement publications at graduation, and listing in publications of the Dean’s List or other awards.

The student may remove the confidentiality indicator at any time by submitting a new Directory Information Hold & Release form to the Records Office/Office of the Registrar, indicating the hold should be released and regular directory information disclosure may resume. 

The Directory Information Hold & Release form must always be accompanied by photo identification. 

Directory information is information in a student’s educational record which may be disclosed to outside parties without the student’s prior written consent. Disclosure of directory information is generally not considered harmful or an invasion of privacy. In accordance with FERPA, LMC has designated the following student information as directory information: 

  • Student name, phone number(s), address, email address(es) 
  • Dates of attendance and enrollment status (e.g., full time, half time) 
  • Class (e.g., freshman, sophomore) 
  • Major field of study; degrees or certificates, honors, and awards received; confer dates of degrees/certificates 
  • Participation in officially recognized activities 
  • Sport, weight, height, age, and hometown of members of athletic teams and dates of participation 
  • Most recent previous educational institution attended 

The college may disclose any of these items without prior written consent unless notified in writing to the contrary by the student. Requests to withhold directory information must be filed with the Records Office/Office of the Registrar. 

An oral or written request for a student’s directory information must be directed to the Records Office/Office of the Registrar. The college reserves the right to deny any request for directory information or to charge a fee for information provided in response to a request. The college also reserves the right to request photo identification of the requesting party prior to compliance with such a request. 

The primary purpose of directory information is to allow LMC to include this type of information from your education records in certain school publications (e.g., academic honors or other recognition lists; graduation programs; and sports activity sheets). It also allows the disclosure of information to outside organizations without a student’s prior written consent in response to requests for individual records. Outside organizations generally include, but are not limited to, businesses with which the student has established a relationship such as insurance companies, banks and employers. 

If a student wishes that the college not release his or her directory information, he/she must inform the college in writing by completing a Directory Information Hold & Release form in the Records Office. Upon a student’s admission to LMC, directory information becomes available for release, but a student may request at any time after being admitted to the college that his or her directory information be kept confidential. 

Managing Your Information Privacy 

Students are encouraged to view and discuss their academic and personal information at their own discretion; student information, along with the referenced forms, are available 24/7 via WaveLink. 

Any questions or concerns regarding student information can be directed to the Records office by email or by phone at (269) 927-8107. Please do not include any sensitive information in an email, unless using an LMC email account ending in @365.lakemichigancollege.edu.

By this notice, any student, staff, faculty member, or visitor to any Lake Michigan College campus or building that is considered Lake Michigan College property hereby grants permission to Lake Michigan College to use his, her, or their likeness and/or voice in photograph(s), video or audio recordings in any of its publications, on any of its online sites, online sites utilized by the college including social media, and in any or all other media without further consideration.

Additionally, any student, staff, faculty member, or visitor also acknowledges that Lake Michigan College may choose not to use his, her, or their photo or video likeness, comments, or audio recordings at this time, but may do so at its own discretion at a later date. Any student, staff, faculty member, or visitor also grants permission to Lake Michigan College to interview him, her, or them, and use said comments in any of its publications, on one of its online sites, and in any or all other media without further consideration. The student, staff, faculty member, or visitor will make no monetary or other claim against Lake Michigan College for the use of the interview, photos, video or audio. 

All negatives, positives, and digital files, together with the prints shall remain Lake Michigan College’s property, solely and completely. 

If a student, staff, faculty member, or visitor does not wish to have his, her, or their photo, likeness and/or voice to be used, notice must be provided to LMC each academic year in which said person does not want his, her, or their image or quotes used. Notice shall be submitted in letter form prior to the start of the academic year to: 

Marketing Department
Lake Michigan College
2755 East Napier Avenue
Benton Harbor, MI 49022

Office of Origin: Human Resources
Responsibility: Executive Director, Human Resources
Original Date Adopted: 07-29-82
Dates Reviewed: 09-23-14, 05-23-17, 12-08-20, 09-27-22
Last Date Approved by Board: 09-27-22


Lake Michigan College (the College) is an equal opportunity institution, affording enrollment, employment, and services without distinction based on age, color, disability, gender identity or expression, genetics, national origin, protected veteran status, race, religion, sex, sexual orientation or any other characteristic protected by federal state, or local laws. 

Admission to the College is addressed in the Admissions policy, which states that the College has an “open door policy”. Because of this open door policy, diversity is not considered regarding admissions.

This commitment to equal opportunity encompasses all individuals. The College commits that every individual will have the right to personnel, employment, and College business practices that provide equal opportunity and equity.

Specifically, the College commits that every student will have the right to:

  • access all courses, including career education courses and programs;
  • physical education and participation in interscholastic, intramural and club athletics, if offered;
  • equal treatment, including financial aid assistance, counseling, employment assistance, honors and awards, and extracurricular activities.

Questions regarding a person’s rights under Title VI of the Civil Rights Act of 1964 (“Title IV”), Title IX of the Education Amendments of 1972 (“Title IX”), and/or Age Discrimination Act of 1975 (“Age Discrimination Act”) should be directed to the Executive Director, Human Resources. 

Questions regarding a person’s rights under Section 504 of the Rehabilitation Act of 1973 (“Section 504”) should be directed to the Director, Student Wellbeing & Accessibility.

Inquiries concerning the Non-Discrimination policy may be directed to Director, Officer for Civil Rights, Department of Education, Washington, DC 20201.

Inquiries or complaints by students, prospective students, employees, employment applicants, and persons providing services to or for the College that concern non- discrimination policies or procedures should be directed to the Executive Director, Human Resources or the Michigan Department of Civil Rights, whose contact information can be found on their website.

GRIEVANCES

A discrimination grievance is an unresolved complaint by an employee or student that there has been a violation or misinterpretation of the Non-Discrimination policy or of any anti-discrimination provisions of law. 

The following are not subject to the grievance procedure:

  • decisions to reduce the workforce;
  • contents of evaluations;
  • modification or repeal of policy; or
  • modification or repeal of a procedure unless it violates a policy.

No act of retaliation will made to any person making a charge, filing a complaint, testifying, or participating in any discrimination investigation or proceeding.

The College will investigate each complaint according to its Grievance – Discrimination procedure and will, upon request, provide a copy of the College grievance procedure. 

References
Admissions policy
Age Discrimination Act of 1975
Campus Crime Statistics Act 
Clery Act Compliance policy 
Elliott-Larsen Civil Rights Act
Grievance – Discrimination procedure
Section 504 of Rehabilitation Act of 1973
Title IX Sexual Harassment policy
Title VI of Civil Rights Act of 1964
Title IX of Education Amendments of 1972

Office of Origin: Student Affairs
Responsibility: Vice President, Student Affairs
Date Adopted: 9-26-18
Date Reviewed: 09-26-16, 6-14-18, 11-9-21
Last Date Board Approved: 09-27-16, 6-14-18, 3-29-22

COMPLAINT FORM >>

Lake Michigan College strives to resolve all student complaints in a fair and expedient manner. This policy and procedure pertains to non-civil rights* related complaints that involve issues that are general in nature and are not related to instruction or academic matters, such as complaints about non-teaching college staff, the parking lot, snow removal, bathroom maintenance, facility issues, etc.  Student who have complaints that involve instruction or academic matters, such as evaluations of academic work (e.g., examinations, quizzes, papers, final course grades, etc.), and/ or failure of a faculty member to follow College policies and/or procedures as they relate to instruction or academic matters, should refer to the Student Complaint – Academic Policy and Procedure.

Students who want to file a complaint regarding general, non-academic College operations should report their concerns to the Director, Advising or their designee. The following steps outline the requirements of the students as well as the timeline for the General Complaint Process:

  • Verbal or written student complaint(s) should be submitted to The Director, Advising or their designee. The Director, Advising or their designee will consider the merits of the complaint and will take any and all action they consider appropriate or necessary to resolve the concerns raised in the complaint. At this level, the student may request to remain anonymous. Students having a complaint may submit the complaint either verbally or in writing at any time. The Director, Advising will respond to the complaint within 7 business days.
  • If the student’s verbal or written complaint is not resolved to the student’s satisfaction and the student chooses to continue to pursue the complaint further, the student must submit a request in writing (making the complaint a formal complaint) to the Director, Advising or their designee requesting further resolution. The written request must be submitted within 10 business days of notification of the Director, Advising resolution to the informal complaint. The written request must include the specific nature of the complaint, reasons for filing the complaint, all documentation supporting the complaint, and specific remedy requested. The Director, Advising or their designee will seek a resolution by using the following means:
    • Contact the appropriate college employee who is responsible for the college operation that a complaint has been lodged against and arrange a meeting between the parties involved to discuss a possible resolution. The written complaint will be forwarded to all appropriate parties involved in the conflict prior to the meeting.

      If a satisfactory resolution is concluded, then the appropriate college employee who received the complaint shall notify the Director, Advising that the complaint has been resolved, and an appropriate entry shall be recorded in the LMC Student Complaint Log. 

    • Should a resolution not be reached, the Director, Advising or their designee will review the complaint and all supporting material and render a written decision regarding the complaint which shall include the basis of the decision. A decision to the formal complaint will be rendered within five (5) business days and will be communicated in writing. The decision will be communicated to the student in writing with a copy to the appropriate college employee who is responsible for the college operation that the complaint has been lodged against.  An entry regarding the complaint and resolution will be recorded in the LMC Student Complaint Log. 

    •  Appeal Process: In the event the Director, Advising or their designee is unable to resolve the complaint; the complaint will be forwarded to the Vice President, Student Engagement and Support for review and action. The Vice President, Student Engagement and Support will review the complaint and all supporting material and render a written decision regarding the complaint which shall include the basis of the decision. A decision to the formal complaint will be rendered within five (5) business days and will be communicated in writing. The decision will be communicated to the student in writing with a copy to the appropriate college employee who is responsible for the college operation that the complaint has been lodged against.  The decision from the Vice President, Student Engagement and Support shall be final. No further appeal will be considered.  An entry regarding the complaint and resolution will be recorded in the LMC Student Complaint Log. 

Formal Complaint Log 
Formal complaints will result in an anonymous entry to the LMC Student Complaint Log. The Log is available for review by college staff, representatives of accrediting agencies, and by other, appropriate outside agencies. The names of any individuals involved in a complaint (including the names of any student(s) or LMC staff directly involved) are not part of the Log. The LMC Student Complaint Log will include the following information:
A. A description of the complaint
B. The date the complaint was received
C. The category of the complaint (grounds, facilities, etc.)
D. Steps taken to address the complaint
E. The disposition of the complaint, including referral to an outside agency
F. Any external actions initiated by a student and related to a given complaint
 

Maintenance of the Complaint Log
LMC will maintain records of complaints for a minimum of ten years. The Director, Advising will maintain the LMC Student Complaint Log. Accrediting agencies and other appropriate outside agencies will be able to review the LMC Student Complaint Log in conjunction with accrediting visits and self-studies.

Notice to Students
Complaint resolutions procedures are published on the LMC website, in the College Catalog and Student Handbook. 

*Civil Rights Issues:
This policy and procedure does not apply to issues related to sexual harassment, civil rights, Title IX, and disability concerns. Complaints or concerns related to civil rights issues should be discussed with the Executive Director of Human Resources and Diversity.

Out-of-state Students Taking Distance Learning Courses:
LMC distance education students wishing to file a formal complaint must first seek resolution through LMC’s Student Complaint Policies and Procedures.  LMC participates in the State Authorization Reciprocity Agreement (SARA) through the state of Michigan.  If a student's complaint cannot be resolved internally at LMC, the student may file a complaint with the state of Michigan – Licensing and Regulatory Affairs Department.  

Accreditation:
Lake Michigan College is accredited by the Higher Learning Commission and holds several program accreditations. To learn more about LMC’s accreditations, please visit the accreditation page

Sharing Disclosure:
All complaints submitted in writing, signed by a student, and addressed to or submitted to an academic officer may be shared with agencies that accredit the College or its programs unless the student expressly prohibits the College from doing so. 

Student Consumer Information:
In accordance with the Higher Education Reauthorization Act, prospective students, enrolled students, and employees may access student consumer information on the Student Consumer Information page

References: Questions regarding this policy and procedure should be directed to the Director, Advising.

 

Safety on Campus

Campus security authorities will promptly report if they observe any crime listed below or if any person reveals to them that he/she learned of or was the victim of, a perpetrator of, or a witness to any crime listed below. The reporter will immediately complete an Incident Report and send or forward to the Lake Michigan College Facilities Management Department, attn: Executive Director, Facilities Management or Public Safety Director/Evening Administrator. This applies to crimes on any LMC campus, public property adjacent to each campus and other locations at which college activities are taking place.  

Types of Offenses

  • Murder/non-negligent manslaughter 
  • Negligent Manslaughter 
  • Sex offenses - rape 
  • Sex offenses - fondling 
  • Sex offenses - incest 
  • Sex offenses - statutory rape 
  • Robbery  
  • Aggravated assault 
  • Burglary 
  • Motor vehicle theft 
  • Arson (only fires investigated by law enforcement) 
  • Domestic violence 
  • Dating violence 
  • Stalking 

Hate crimes

Disclose whether any of the above-mentioned offenses and the crimes of larceny-theft, simple assault, intimidation, destruction/damage/vandalism of property, and any other crime involving bodily injury, were hate crimes.  
Arrests and referrals for disciplinary action for:  

  • Illegal weapons possession  
  • Violation of drug and liquor laws  
  • The Violence Against Women Act expanded crime reporting under the Clery Act to include incidents of sexual assault, domestic violence, dating violence, and stalking that are reported to campus security personnel, campus security authorities, and local law enforcement agencies.  

Lake Michigan College uses a contracted security service to assist with campus security. Security guards are a source to which students, employees and visitors can report criminal offenses. Campus security guards do not have police authority. 

See also the Safety and Emergency Information webpage.

If you feel your rights are being violated or if you are having problems, it is important to immediately report the situation to the appropriate person listed in this document. Lake Michigan College has policies and procedures to prevent and stop the violation of your rights. Lake Michigan College complies with requirements under the Americans with Disabilities Act (ADA). For assistance, please contact Student Outreach & Support Services, room C218, (269) 927-8866.  

Campus Security  

Members of the campus security force are conservators of the peace. They seek to protect life and property, prevent anti-social conduct, and preserve a secure campus environment. They work with local, state, and federal law enforcement agencies. Lake Michigan College security is staffed by contracted security guards who are supervised by certified security officers. The entire security function is supervised by the executive director of facilities management, the director of public safety/evening administrator, or facilities personnel.  

Annually and when needed, the college reviews, revises, or develops rules and regulations on access and security of campus facilities. Furthermore, the executive director of facilities management periodically inspects the lighting, landscaping, and the college’s physical plant (doors, locks, etc.) to determine what improvements need to be made for maximum security.  

Campus Security and Facilities Personnel  
  • Regularly patrol campus parking lots and buildings  

  • Make emergency notifications  

  • Enforce college policies and regulations  

  • Investigate and work closely with police and fire departments when criminal or safety incidents occur 

  • Respond to all smoke, fire, and security alarms on campus  

  • Identify precautions for the future  

  • Are available during operating hours  

Crime Statistics  

The Lake Michigan College Annual Security Report includes crime statistics for the previous three years concerning reported crimes that occurred on campus and on public property immediately adjacent to and accessible from the campus sites. You can review this report on the Safety and Emergency Information webpage or you can obtain a paper copy upon request by contacting the Facilities Department at the Benton Harbor Campus at (269) 927-8135.  

Campus crime statistics for Lake Michigan College may be viewed at the U.S. Department of Education’s website

Read the Title IX Sexual Harassment Policy.

The College has adopted the following definition of sexual harassment. Note that acts of sexual harassment may be committed by any person upon another person, regardless of the sex, sexual orientation, and/or gender identity of those involved.

Sexual harassment, as an umbrella category, includes the actual or attempted offenses of sexual harassment, sexual assault, dating violence, domestic violence, and stalking, defined as follows.

As used above, the following definitions apply:

  • Force means the use of physical violence and/or physical imposition to gain sexual access. Force also includes threats, intimidation (implied threats), and coercion that is intended to overcome resistance or produce consent.
  • Coercion means unreasonable pressure for sexual activity. When someone makes clear that they do not want to engage in certain sexual activity, that they want to stop, or that they do not want to go past a certain point of sexual interaction, continued pressure beyond that point can be coercive.
  • Consent means a voluntary, informed, un-coerced agreement through words or actions that freely given, and which could be reasonably interpreted as a willingness to participate in mutually agreed upon sexual acts. Consensual sexual activity happens when each partner willingly and affirmatively chooses to participate. Important points regarding consent include:
    • Consent to one act does not constitute consent to another act.
    • Consent on a prior occasion does not constitute consent on subsequent occasions.
    • The existence of prior or current relationship does not, in itself, constitute consent.
    • Consent can be withdrawn or modified at any time.
    • Consent is not implicit in an individual’s manner or dress.
    • Silence, passivity, or lack or resistance does not necessarily constitute consent.
  • Incapacitation means a state when an individual’s perception or judgement is so impaired that the individual lacks the cognitive capacity to make or act on conscious decisions. The use of drugs or alcohol can cause incapacitation. An individual who is incapacitated is unable to consent to sexual activity. Engaging in sexual activity with an individual who is incapacitated (and therefor unable to consent), where an individual knows or should have reasonably understood that the individual is incapacitated, constitutes Title IX Sexual Harassment as defined in this policy. This policy also covers a person whose incapacity results from a temporary or permanent physical or mental health condition, involuntary  physical restraint, and/or the consumption of incapacitating drugs.
Sexual Harassment

Defined as unwelcome sexual conduct determined by a reasonable person to be so serve, pervasive, and objectively offensive that it effectively denies an individual(s) equal access to the College’s education program or activity.

Sexual harassment may be repeated acts or be a single act that is sufficiently severe to have a systemic effect of denying a Complainant equal access to an education program or activity.

Elements of severity, pervasiveness, and objective offensiveness must be evaluated in light of the known circumstances and depend on the facts of each situation and must be determined from the perspective of a reasonable person standing in the shoes of the Complainant.

Sexual Assault

Defined as any sexual act directed against another person, without the consent of the victim, including instances where the victim is incapable of giving consent. This includes:

  • Rape: The carnal knowledge of a person, without consent.
  • Sodomy: Oral or anal sexual intercourse with another person, without consent.
  • Sexual Assault with an Object: To use an object or instrument to unlawfully penetrate, however slightly, the genital or anal openings of the body of another person without consent.
  • Fondling: The touching of the private body parts of another person for the purpose of sexual gratification, without consent.
  • Incest: Sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
  • Statutory Rape: Sexual intercourse with a person who is under the statutory age of consent. In Michigan, the age of consent is 16.

Sexual assault does not require a showing of severity, pervasiveness, or objective offensiveness.

Dating Violence
Defined as violence committed by an individual who is or has been in a social relationship of a romantic or intimate nature with another individual. The existence of such a relationship will be determined based on the reporting individual’s statement and with consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the individuals involved in the relationship. This includes, but is not limited to, sexual or physical abuse or the threat of such abuse. Dating violence does not cover acts covered under the definition of domestic violence. Dating violence does not require a showing of severity, pervasiveness, or objective offensiveness.
 
Domestic Violence

Defined as felony or misdemeanor crimes of violence committed by a current or former spouse or intimate partner of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse or intimate partner, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction receiving grant monies, or 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 laws of the State of Michigan.

Domestic violence does not require a showing of severity, pervasiveness, or objective offensiveness.

Stalking  

Defined as engaging in a course of conduct directed at a specific individual that would cause a reasonable person to: (a) fear for the individual’s safety or the safety of others; or (b) suffer substantial emotional distress.

Course of Conduct means two or more acts, including acts in 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 an individual, or interferes with an individual’s property.

Stalking does not require a showing of severity, pervasiveness, or objective offensiveness.

Lake Michigan College recognizes that all survivors of sexual assault, stalking, dating and domestic violence have the right to have any and all assaults against them treated seriously and the right to be treated with dignity. Lake Michigan College prohibits any offenses of sexual assault, stalking, dating or domestic violence.

The College further recognizes the right of a sexual assault, stalking, dating or domestic violence victim to be free from undue coercion of any kind from the institution’s personnel for the victim not to report an assault committed against him or her to civil or criminal authorities or the institution’s law enforcement authorities or disciplinary officials, or for the victim to report a sexual assault, stalking, dating or domestic violence as a lesser offense than the victim perceives it to be.   

The College recognizes the right of a sexual assault, stalking, dating or domestic violence victim to decide, without pressure or coercion, what action he/she will take following an assault. The College encourages students to report all crimes to the police and to pursue sanctions against offenders through the College judicial process. The College makes information available to students about sexual assault, stalking, dating and domestic violence victim rights, options, and resources for help.  

Lake Michigan College recognizes that sexual assault, stalking, dating and domestic violence are a serious social problem that occurs among college students just as it does within other segments of our society. The college makes a strong commitment to work toward preventing sexual assault, stalking, dating, and domestic violence within our community, to provide support and assistance to assault survivors, and to impose sanctions on those who have been found guilty of committing a sexual assault, stalking, dating and domestic violence.  

Our goal is to foster and protect within an environment of mutual respect and concern and to provide a safe community in which learning and growth can occur.

 

The College will offer and implement appropriate and reasonable supportive measures to the parties upon notice of alleged sexual harassment and/or retaliation. At the time the supportive measures are offered, the College will inform the Complainant, in writing, that they may file a formal complaint with the College either at that time or in the future, if they have not done so already.

Supportive measures are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the parties, before or after the filing of a formal complaint or where no formal complaint has been filed, to restore or preserve access to College educational programs or activities, including measures designed to protect the safety of all parties or the College’s educational environment, and/or deter sexual harassment and/or retaliation.

The Title IX Coordinator works with each party to ensure that their wishes are taken into account with respect to the supportive measures that are planned and implemented.

The College will implement measures in a way that does not unreasonably burden the other party. These actions may include, but are not limited to:

  • Referral to counseling, medical, and/or other healthcare services
  • Referral to the Employee Assistance Program
  • Referral to community-based service providers
  • Student financial aid counseling
  • Altering campus housing assignment
  • Altering work arrangements for employees or student- employees
  • Safety planning
  • Providing campus safety escorts
  • Providing transportation accommodations
  • Implementing contact limitations (no contact orders) between the parties
  • Academic support, extensions of deadlines, or other course/program-related adjustments
  • Issuing a No Trespass notice
  • Class modifications, withdrawals, or leaves of absence
  • Increasing security and monitoring of certain areas of the campus

The College will maintain as confidential any supportive measures provided to the Complainant or Respondent to the extent that maintaining such confidentiality would not impair the ability of the College to provide the supportive measure. All individuals are encouraged to report concerns about the failure of another to abide by any restrictions imposed by supportive measures. The College will take immediate action to enforce a previously implemented measure and disciplinary sanctions can be imposed for failing to abide by the College-imposed measures.

The Title IX Coordinator is responsible for coordinating the effective implementation of supportive measures.

Complaints of sexual harassment and/or retaliation may be made using any of the following options:

  • File a complaint with, or give verbal notice to, the Title IX Coordinator. A report may be made at any time (including non-business hours) using the telephone number, email address or by mail to the office address listed for the Title IX Coordinator.
  • Report online, using the reporting form

Anonymous reports are accepted; however, anonymous reports limit the ability of the College to provide the complainant supportive measures.

Any student, employee or third party who believes that they have been subject to discrimination and/or harassment, as defined above, or state and federal law, may file a complaint with a Title IX Coordinator. 

The College will take reasonable steps to ensure that any reporting forms, information, or training about sexual discrimination/harassment will be provided in a manner accessible to students or employees who are English language learners. 

A complaint may be filed against the College, against an employee of the College, against a student of the College, against a third party, or against a group. 

A complaint may be filed against more than one Respondent or by more than one Complainant against one or more Respondents so long as the allegations of sexual harassment arise out of the same facts or circumstances and are so intertwined that the allegations directly relate to all of the parties. 

Any Complainant who believes that they have been subject to sexual harassment may also file a complaint with local law enforcement. 

Upon receipt of a formal complaint, the Title IX Coordinator will then conduct an initial assessment for the sole purpose of determining whether the alleged conduct, if substantiated, would constitute sexual harassment under this policy. Following the initial assessment, the Title IX Coordinator may take any of the following steps: 

  • If the allegations forming the basis of the formal complaint would, if substantiated, constitute sexual harassment as defined in this policy, the Title IX Coordinator will implement appropriate supportive measures. In addition, the Title IX Coordinator will initiate an investigation of the allegations. However, if the Title IX Coordinator thinks the formal complaint appropriate for the informal resolution process, upon the consent of both parties, the Title IX Coordinator may instead refer the matter to the informal resolution process. 
  • If the allegations forming the basis of the formal complaint would not, if substantiated, constitute sexual harassment as defined in this policy, the Title IX Coordinator will dismiss the complaint as a Title IX Complaint. The Title IX Coordinator may also refer the allegations for resolution under other policies. 

In addition, at any time prior to the hearing, the College may dismiss a formal complaint if: 

  • The Respondent is no longer enrolled or employed at the College. 
  • Specific circumstances prevent the College from gathering sufficient evidence to reach a determination as to the formal complaint or the allegations therein. 

Upon dismissal, the Title IX Coordinator will promptly send written notice of the dismissal and reason(s) therefor simultaneously to the parties via electronic format. Both parties will have equal right to appeal the dismissal.
 

The Title IX Coordinator will assign trained Investigator(s) to investigate the complaint. Lake Michigan College Policy The investigation will include interviewing the Complainant, the Respondent, and any witnesses identified. Both the Complainant and the Respondent are entitled to identify witnesses, including expert witnesses, to be interviewed in the investigation. 

The investigation will also include reviewing any appropriate documentation and/or policies, reviewing law enforcement investigation documents, if applicable, reviewing student and/or personnel files, and gathering and examining other relevant documents or evidence, and any other action(s) the Investigator deems necessary to completing the investigation. 

The Complainant and the Respondent have the right to have an Advisor present during any interview(s) or other meetings associated with the Grievance Process. The Advisor may not participate in the interview process and must remain silent during this phase of the Grievance Process. 

Prior to commencing the investigation the Investigator(s) must disclose any conflict of interest between him/herself and either party, and in the event of any conflict, a qualified and trained unbiased replacement will be appointed. A party objecting to the Investigator on the basis of a conflict of interest must raise the objection during this phase of the Grievance Process; otherwise, the objection is deemed waived. 

Notices of interviews or meetings sent to parties and witness will include the date, time, location, participants and purpose of the interview or meeting. The notice must be provided sufficiently in advance to allow the party or witness to prepare. 
Investigators will not access, consider, disclose or otherwise use a party’s records that are maintained by a physician, psychiatrist, psychologist of other recognized professional or paraprofessional acting in professional capacity and are made/maintained in that capacity without voluntary written consent. Consent for a minor under FERPA is required from a parent. 

The Investigator will document in writing his/her findings and determination in an Investigation Report. Ten days before the Investigation Report is completed, the Investigator will provide access to all evidence directly related to the allegations to the Parties and the Advisor, if any. Parties may provide a written response to the evidence no later than 10 days after being provided access. Within 20 days after parties are provided access to evidence the Investigator will issue the Investigatory Report which will summarize the Investigatory process, the facts gathered during the investigation, and any response to the facts provided by a party as well as state the Investigator’s finding of facts. 

If the College learns of discrimination/harassment in the absence of a direct complaint being filed by the student, such as from a member of the local community, social networking sites, or the media, the College will investigate or otherwise determine what Lake Michigan College Policy occurred. 

If an investigation reveals that sexual violence created a hostile environment, the College will take prompt and effective steps reasonably calculated to end the sexual violence, eliminate the hostile environment, prevent its recurrence, and, as appropriate, remedy its effects. Hearing Prior to commencing the Grievance Hearing process the Hearing

Sanctions will be imposed upon a finding that a student or employee has violated this policy. A student or employee who fails to complete the sanction will be considered to have committed another violation of this policy. Violations involving impairment from the voluntary use of alcohol and/or use of drugs (other than medically necessary) will be considered an aggravating, and not a mitigating, factor in sanctioning. All sanctions become part of a student's file or employee's personnel file. The College may withhold awarding a degree or any other academic achievement, otherwise earned, until the completion of the process set forth in this policy, including appeals and the completion of any and all sanctions imposed. 
Potential sanctions for students found by the College to have violated this policy may include, but are not limited to, the following:

  • Account Hold 
  • Disciplinary Probation 
  • Educational Assignment 
  • Expulsion 
  • No Contact 
  • Restitution 
  • Restricted Access Lake Michigan College Policy 
  • Suspension 
  • Written Warning 

Potential sanctions for employees found by the College to have violated this policy may include, but are not limited to, the following:

  • Corrective Plan of Action 
  • Discharge 
  • No Contact 
  • Suspension 
  • Training 
  • Verbal Warning 
  • Written Warning 

Potential sanctions for third-parties found by the College to have violated this policy may include, but are not limited to: 

  • Loss of Privileges 
  • Termination of Business Relationship 

Should a student decide not to participate in the resolution process, the process proceeds absent their participation to a reasonable resolution. Should a student Respondent permanently withdraw from the College, the resolution process ends, as the College no longer has disciplinary jurisdiction over the withdrawn student. The student who withdraws or leaves while the process is pending may not return to the College; a hold will be placed on their student account, and the student may be barred from College property and/or events. The College will, however, continue to address and remedy any systemic issues that may have contributed to the alleged violation(s) and any ongoing effects on the alleged sexual harassment and/or retaliation. 
Should an employee Respondent resign with unresolved allegations pending, the resolution process ends. The College will, however, continue to address and remedy any systemic issues that may have contributed to the alleged violation(s) and any ongoing effects on the alleged sexual harassment and/or retaliation. 

An employee who resigns with unresolved allegations pending is not eligible for rehire by the College and the records retained by the Title IX Coordinator will reflect that status. All College responses to future inquiries regarding employment references for that individual will include that the former employee resigned during a pending disciplinary matter.
 

On-Campus

Title IX Coordinator269-927-8752
Director of Public Safety269-927-7060

Off-Campus

National Domestic Violence Hot Line800-799-SAFE
Child & Family Services of Southwestern Michigan269-925-1726
Safe Shelter888-237-1891
Domestic Violence Coalition888-655-9008
MI Coalition Against Domestic and Sexual Violence517-347-7000 
Spectrum Regional Health System 269-927-5350 

Counseling Information

Andrews Community Counseling Center269-471-6238
Providing free psychological services under the supervision of licensed psychologists. Mental health services to children, adolescents, and adults who reside in the Michigan area, or who are members of the community near the university. Office is located in
Berrien Springs.

Centered on Wellness269-926-6199
Offering behavioral counseling, coaching, consulting, education and prevention for children, families, couples, and adults. Offices are located in Benton Harbor and Niles.

Freedom Counseling Center269-982-7200
Freedom Counseling Center provides high-quality counseling and psychological evaluations to individuals, parents, couples, adolescents and children.

Riverwood Center800-336-0341 (24-hour hotline)
Riverwood partners with children, families and adults in their journey toward recovering from behavioral health and substance use challenges, and helps individuals with intellectual disabilities succeed in community living. Offices located in Benton Harbor.

Southwestern Medical Clinic Christian Counseling and Psychological Services269-429-7727
Counseling services for treating abuse and trauma, addictions and co-occurring disorders, anxiety, depression, AHHD, eating disorders, coping with loss and grief and behavioral services for children and adolescents. Offices located in Berrien Springs, St. Joseph, Stevensville, Coloma, and Niles.

HelpNet - Employee Assistance Program
The college’s Employee Assistance Program, available to all full and part-time employees, is administered through HelpNet. Information can be found in the Human Resources offices or on SharePoint under the staff and faculty benefit links. 

All Personal Protection Order questions can be addressed to the Clerk’s Office at the Courthouse

Berrien County Clerk’s Office
811 Port Street, St. Joseph
Phone: (269) 983-7111, extension 8736
Fax: (269) 982-8642  

A personal protection action involves seeking an order from the court to protect you from harassment, assault, beating, molesting, wounding, or stalking by another person.  The order can also prohibit a person from entering your premises and from removing minor children, unless the removal is part of court-ordered parenting time.  The person filing the petition for personal protection is called the petitioner.  The person to be restrained by the personal protection order is called the respondent.  

Types of Personal Protection Actions  

There are two types of personal protection actions: domestic and nondomestic. A domestic personal protection order can be obtained if you have or had an established relationship with the other party or have a child in common. A nondomestic personal protection order can be obtained if you want to prevent threatening or violent behavior by someone with whom you have not had any form of domestic relationship; this type of order is also referred to as an order against stalking.  

How Personal Protection Orders are issued  

There are two ways personal protection orders can be issued. The court can issue an order after the other person has been notified that you have filed for a personal protection order and after the court has held a hearing. The court may also issue a personal protection order without notifying the other person and without a hearing.  This is called an ex parte order. In Michigan, most personal protection orders are issued ex parte.

The following programs are the most recent that were open to persons on campus; faculty, staff and students.

Program Name Description  Target Audience Topic Annual Frequency
Safety and Security Update Explaining Emergency Procedures Faculty and Staff Safety Awareness 1
Right-to-Understand New Hazard Communication Shared Faculty and Staff Safety Protection 2
Maxient’s Conduct Manager System Detail on reporting incidents Faculty and Staff How to Use 2
De-Escalation Assertive communication skills Faculty and Staff Warning signs 1
Mental Health Disorder Understanding the symptoms Faculty and Staff Awareness and warning signs 1
Rave Alert Details on how to update personal information to receive news Students, Faculty and Staff  Drills 27
Lockdown Drills Practice following protocols Students, Faculty and Staff Safety during an emergency 2
Student Orientations Safety and security issues Students Student Life 23
Active Shooter Response Training How to react and protect yourself & others Faculty and Staff Safety Awareness 2
Campus Security Authority Film and review responsibilities CSAs Responsibilities 3
VAWA/Campus SaVE Act Overview and Question and Answer session Faculty and Staff Awareness 1
Dating Abuse: How to Recognize a Healthy Partnership Raise Awareness Faculty, Staff and Students Awareness and warning signs 1
Healthy Relationships Raise awareness RAs Responsibilities 1
Victim Advocate and Prevention Educator Awareness and warning signs to abuse Faculty, Staff and Students Safety Awareness 1
Addiction Alcoholism is the illness Faculty, Staff and Students Awareness 1
Self Defense Techniques Faculty, Staff and Students Awareness 1
Addiction Drug Use Faculty, Staff and Students Awareness 1
Title IX Know your Title IX rights (right to make a report) Students  Awareness/ 
Understanding
23
Clery Act Disclosure of timely & annual information about campus crime and security policies Students Awareness 23

 

The following preventive measures will help minimize your chances of being attacked: 

  • Accept the fact that you are a potential assault victim.  Many people operate under the illusion that “it will never happen to me.”  It may. 

  • Above all else…trust your instincts.  If you feel uncomfortable or uneasy, leave immediately. 

  • When you go out, tell someone where you are going and when you will return.
  • Always lock your house/apartment door and don’t lend the key. Keys can be duplicated.
  • Don’t walk alone a night. Take a friend with you.
  • Stay in well-lit areas.
  • Photocopy all important papers that you carry in your purse or wallet, including your driver’s license. Keep the photocopies in a safe place. This information will be invaluable if you lose your license or cards.
  • Be alert. Look around you. Be aware of others on the street. Make it difficult for anyone to take you by surprise. Walk with your keys in hand.
  • If you think someone is following you, turn around and check so that you are not caught off guard. Cross the street or change direction. Walk or run toward people, traffic, or lights. Consider confronting the aggressor and saying in a loud, firm voice, “Don’t follow me.”
  • If a car follows you or stops near you for directions, do not approach the car. Change directions if you feel threatened and walk or run towards stores, a lighted house, or other people.
  • Park in well-lit areas. Check the street before leaving the car. Park in full view of the front of stores and houses.
  • Walk to your car with keys ready.
  • As you approach your car, look all around it, including underneath the car.
  • If you have a flat tire, seek help inside the College, or from a nearby business if off-campus. Beware of someone instantly appearing to offer help—attackers often disable cars to make their owners vulnerable.
  • Check the interior of your car, particularly the back seat before entering; someone could be hiding there.
  • Keep the car doors locked at all times, even when driving in daylight, so no one can jump in at a red light.
  • Keep enough gas in your tank for emergencies.
  • If you are followed by another car, drive to a police station or business that has lights on and people in it. You may not want to go directly home with someone following you. “Driveway” robberies are becoming more common.
  • If your car breaks down, lift the hood, put on the flashers, and wait inside with the doors locked for help. Ask people who stop to call the police or AAA for you. Don’t go with anyone.
  • Don’t stop for stranded motorists. You are of greater help to them by calling the police or sheriff.
  • Try to jog with a partner. Try to avoid running alone, even in daylight. You could become injured from a fall and might need help.
  • Stay in well-lit areas. Vary your route. Be suspicious of people you pass many times.
  • Stay away from parked cars, especially those occupied by suspicious persons.

Sexual assault can happen virtually anywhere, but the largest single grouping of reported incidents is either in the home of the victim or the home of the offender.  It is important to be aware of all potentially hazardous areas: 

  • Remote parking lots 

  • On the street 

  • Stairwells 

  • Shopping centers 

  • Public parks 

  • Hitchhiking 

  • Beaches at night 

  • Laundromats 

  • Jogging courses 

  • Deserted buildings 

  • School playgrounds 

  • Vehicles 

Sexual assaults often occur in conjunction with other crimes such as burglary, so the more effective preventative measures and common-sense precautions you take, the less your chances of becoming a victim.  But regardless of how many or how few precautions you take, you are not provoking the attack.  A locked door gives you time to call the police (911). 

Lake Michigan College encourages all students to participate in maintaining a safe environment on campus.  The power of bystanders, those that witness inappropriate behavior, is a powerful tool to help reduce all types of misconduct on campus.  Bystander intervention techniques are safe and positive options that may be carried out by an individual or individuals to prevent harm or intervene, especially when there is a risk of dating violence, domestic violence, sexual assault, or stalking.  Bystander intervention includes recognizing situations of potential harm, understanding institutional structures and cultural conditions that facilitate violence, overcoming barriers to intervening, identifying safe and effective intervention options, and taking action to intervene.  Bystander intervention includes but is not limited to: 

  • Making a report to Campus Safety and Security or local law enforcement when you observe inappropriate behavior. 

  • Ask if you can help if you see someone that looks like they are in trouble. 

  • Be respectful of yourself and others around you; ask others to be respectful when they are not. 

  • Stop someone from driving if they are impaired. 

  • If you see a friend or acquaintance doing something inappropriate, say something. 

  • Speak up if you see or hear offensive, derogatory, or abusive remarks or actions. 

  • If a friend is impaired, offer to assist them in getting home and don’t let them go off with people they do not know. 

In accordance with the “Campus Sex Crimes Prevention Act” of 2000, which amends the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act, the Jeanne Clery Act and the Family Educational Rights and Privacy Act of 1974, Lake Michigan College is providing a link to the Michigan State Police Sex Offender Registry.  This act requires institutions of higher education to issue a statement advising the campus community where law enforcement information provided by a State concerning registered sex offenders may be obtained.  It also requires sex offenders already required to register in a State to provide notice of each institution of higher education in that State at which the person is employed, carries a vocation, or is a student. In the State of Michigan, convicted sex offenders must register with Sex Offender and Crimes Against Minors Registry maintained by the State police. 

The Sex Offenders Registration Act, MCL 28.721 et seq., directs the Michigan State Police to develop and maintain a public registry and provides guidelines on the type of offender information available to the public.  The registration requirements of the Sex Offenders Registration Act are intended to provide the people of this state with an appropriate, comprehensive, and effective means to monitor those persons who pose such a potential danger. 

In accordance with the Wetterling Act, Megan’s Law and the Campus Sex Crimes Prevention Act of 2000, it is now mandatory that all registered sex offenders report to the law enforcement agency having jurisdiction in which the institution of higher learning is located.  The Michigan Public Sex Offenders Registry can be accessed online (opens in a new window).

LMC is committed to the prevention of sexual misconduct and harassment through education and awareness programs. Throughout the year, LMC offers educational programs to promote awareness of sexual misconduct and harassment, Prevention programs include an overview of LMC’s policies and procedures, relevant definitions, including prohibited conduct, discussion of the impact of alcohol and drug use, effective consent, bystander intervention, and information about risk reduction. LMC’s Title IX Coordinators oversees the education and prevention calendar and tailors programming to campus needs and climate. All educational programs include a review of resources and reporting options available for students, faculty, and staff.

The College encourages victims of sexual assault to take the following steps following an assault:  

  1. Preserve physical evidence.
    The sexual assault, stalking, dating and domestic violence victim has the right for full and prompt cooperation from College personnel and law enforcement authorities in obtaining, securing, and maintaining evidence that may be necessary to the proof of criminal sexual assault, stalking, dating or domestic violence in legal proceedings, including, but not limited to, a medical examination of the victim.

    A special physical examination performed at the hospital collects evidence that will be helpful if the victim later decides to prosecute the assailant. To preserve evidence, the victim should not wash, brush teeth, use the toilet, douche, destroy clothing, or straighten up the area where the assault occurred.
     

  2. Report the assault to the police at (269) 926-8221 or dial 911. 
    It is the victim’s decision whether or not to report the assault to the police. Reporting a sexual assault, stalking, dating or domestic violence to the police may protect the victim and others from possible future victimization by helping public safety officers apprehend the assailant. A police report also maintains the victim’s future option of criminal prosecution, and helps support a College disciplinary action or a civil lawsuit against the perpetrator. Making a police report does not obligate the victim to prosecute the assailant. Whether or not the case will be prosecuted is a decision that is made later, based on a number of factors. The police do not reveal the victim’s or the suspect’s name or any identifying information to the media for printing or to the general public.  If the victim chooses campus security authorities will assist in notifying law enforcement.
     
  3. Get medical attention.
    The rape evidence exam should be performed as soon as possible. The exam is available only at Lakeland Regional Health System.

    If the victim decides not to have the rape evidence exam, she/he should still be examined for possible injury, pregnancy, and sexually transmitted infections. An exam for these purposes is available at Planned Parenthood, or with a physician of choice.

    Injuries as a result of sexual assault, stalking, dating or domestic violence should be treated and photographed as soon as possible.
     

  4. Ask for information, support and assistance.
    To ensure that victims of sexual assault, stalking, dating and domestic assault have accurate and complete information about their rights, options, and available resources for help, as well as any assistance they need in carrying out decisions about what to do following an assault, the victim may wish to call the 24-hour crisis line at 269-925-9500. Child & Family Services of Southwestern Michigan provides information and support by phone or on-site at the hospital or police stations. The assault victim has the right to be made aware of, and assisted in exercising, any option provided under state and federal law regarding mandatory testing of sexual assault suspects for communicable diseases and notification to the victim of the results of the testing. The victim also has the right to be informed of rights and remedies accorded to crime victims generally.
      
  5. Report the assault to the Title IX Coordinator. 
    Sexual assault, stalking, dating and domestic violence are expressly prohibited by the College’s rules and regulations. The College has the right to discipline students who violate these rules and regulations. It is not necessary for the victim to file a police report in order to pursue sanctions through the College; however, it is strongly recommended as beneficial to the victim. Pursuing sanctions through the College does not preclude the victim from also pursuing criminal prosecution or a civil lawsuit.

    The victim has the right after the assault has been reported to appropriate campus authorities to require the institution’s personnel to take any reasonable feasible actions as are needed to prevent any unnecessary or unwanted contact or proximity with an alleged assailant, including, but not limited to, the issuance of an No Contact Order, to classroom adjustments/arrangements, providing an escort, moving he individual’s residence, adjusting the individual’s work schedule, allowing the individual to withdraw from or retake a class without penalty, providing access to tutoring or other academic support, to interim suspensions of the alleged perpetrator if necessary.

    The College’s judicial process is initiated by the victim making a report. A detailed description of the process is included in the student handbook, copies of which are available at many locations on campus as well as the college webpage.

    Evidentiary Standard: Preponderance of the Evidence.  

An employee or student may be accountable for sexual misconduct under applicable local, state, and/or federal law, as well as under LMC policy. A criminal investigation may be conducted concurrently with the Title IX investigation. Disciplinary action by LMC may proceed while criminal proceedings are pending and will not be subject to challenge on the grounds that criminal charges involving the same incident have been dismissed or reduced.  

When the College closes due to severe weather or other campus emergencies, the announcements will be made in several ways:

  1. through the College's RaveAlert System (see above for instructions on updating your contact information or opting out of RaveAlert)
  2. on the home page (in most cases dependent on the availability of internet access to college officials)
  3. through local television and radio stations
  4. through College Facebook and Twitter pages

Please check these various sources of information for closing information rather than calling the College. If the College is closed, you will be able to find out through one or more of the above sources. For more information about how the decision is made about school closings, visit Weather and Emergency Closings.

Tornados 

In the event of a tornado warning all employees, students, and visitors in any college facility will be instructed to go the designated safe shelter area. 

  1. DO NOT GO OUTSIDE. 
  2. Do not use telephones. 
  3. Do not stand near westerly locations of the building or near glass-enclosed spaces. 
  4. Proceed to the designated safe shelter area for your facility. This information is found on the emergency flip chart located in every college classroom. 
  5. Do not use open flame (candles, lighters, etc.). 
  6. Remain calm and wait for an “all-clear” announcement. 

Read the policy.

  1. Purpose 

    The college seeks to provide a safe campus community. Restriction against the possession, discharge, use and/or carrying of weapons is intended to foster a more secure environment and to promote the overall learning purpose for which students, employees and guests attend the college. While these restrictions offer no guarantee of protection to students, employees, and guests, it is hoped that the restrictions will reduce the risk of injury from any dangers which might arise from the possession, discharge use and/or carrying of weapons.

  2. Definition

    Weapons: are defined as any instruments or implements which are capable of inflicting bodily injury, and shall include but not be limited to the following:

    • Any gun, rifle, firearm, BB gun, pellet gun, or other device (including starter gun) which is designed to or may readily be converted to expel a projectile by any means.
    • Any bomb, grenade, rocket or other destructive device which includes explosives, incendiaries or poison gas. 
    • Any knife with a blade longer than three inches, a razor, or other cutting instrument. 
    • Any striking instrument, to include clubs, iron bar, brass knuckles, blackjack or bludgeon (excluding Athletic Department equipment—i.e., baseball bats). 
    • Any martial arts weapons, to include nunchakus, tonfas, staffs, and throwing stars. 
    • Any bow and arrow combination. 
    • Fireworks 
    • Any portable device or weapon from which an electrical current, impulse, wave, or beam may be directed, which current, impulse, wave, or beam is designed to incapacitate temporarily, injure, or kill. 
       

    A self-defense spray or foam device are not considered weapons subject to this Policy.

    Firearm: means a weapon from which a dangerous projectile may be propelled by an explosive, or by gas or air. Firearm does not include a smooth bore rifle or handgun designed and manufactured exclusively for propelling by a spring, or by gas or air, BBs not exceeding .177 caliber. 

    Minor: means any individual of less than 18 years of age. 

    Open carry: means the carrying of a pistol in a properly holstered manner in full view of the public eye and is not waving or displaying the firearm in a threatening manner. 

    Pistol: means a firearm, loaded or unloaded, 26 inches or less in length, or any firearm, loaded or unloaded, that by its construction and appearance conceals it as a firearm. 

    Self-defense spray or foam device: means a device to which all of the following apply: (a) The device is capable of carrying, and ejects, releases, or emits 1 of the following: (i) Not more than 35 grams of any combination of orthochlorobenzalmalononitrile and inert ingredients; (ii) A solution containing not more than 10% oleoresin capsicum; (b) The device does not eject, release, or emit any gas or substance that will temporarily or permanently disable, incapacitate, injure, or harm a person with whom the gas or substance comes in contact, other than the substance described in (a). 
     

  3. Policy

    Except as allowed by federal and State law, students, employees and guests are prohibited from possessing, using, discharging and/or carrying weapons on any campus property. Any student or employee in violation of this policy will be subject to discipline, up to, and including expulsion and/or termination as may be applicable depending on the circumstances. Any guest in violation of this policy shall be subject to ejection as a trespasser. 
     

  4. Exception 

    Exceptions to this policy may be granted in accordance with the college procedure.

 

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