Section 5: Conditions of Employment

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5.0 Ethics

Scope: Faculty and Staff

Code of Ethics

Lamar State College Orange is committed to the highest standards of ethics, integrity, and fairness in all dealings and to provide the public with the utmost level of confidence in our organization, educational services, administrative business processes, and financial data. The College is in a position of trust with respect to many external organizations and agencies. Accordingly, all College personnel have a responsibility to the government, donors, parents, and students to use its funds prudently, ethically, and for the purposes for which they are designed.

1. Ethics is defined as the principals of conduct governing an individual or group.

2. Preamble

Ethics and integrity are the responsibility of each individual. Therefore, every member of the faculty and staff, any other person acting on behalf of the College is responsible for ethical conduct consistent with the code. As such, College administration, faculty, deans, department chairs, and others in supervisory positions must assume responsibility for ensuring that their conduct, and the conduct of those they supervise complies with this code. Business activities undertaken on behalf of LSCO with the public, the government, suppliers, students, and one another must reflect the highest standards of honesty, integrity, and fairness. Each individual must be especially careful to avoid even the appearance of misconduct or impropriety.

3. Integrity

All employees must:

• Perform their work with honesty, objectivity, diligence, and responsibility.
• Act with a high level of prudence and due professional care avoiding any real or apparent conflicts of interest.
• Act in good faith without misrepresenting material facts or allowing their independent judgment to be subordinated.
• Accord respect to self and others and accept responsibility for all actions.
• Observe the law and make disclosures expected by the law.
• Not knowingly be a party to any illegal activity or engage in acts that are discreditable to the College.
• Comply with all College policies and procedures.
• Proactively promote ethical behavior amongst peers, in the work environment, and in the community.
• Exercise responsible use and control over all College assets and resources.
• Respect and contribute to the legitimate and ethical objectives of the College.
• Accept and respect diversity in our community and adherence to the College’s non-discrimination policies.

4. Gratuities and “Kickbacks”

Lamar State College Orange personnel shall not use their position to secure special privileges for themselves or their close relatives. (See definition below under “Nepotism”). Employees shall not give, offer, or promise anything of value to anyone to enhance relations with that individual or their firm, regardless of whether that individual is in a position to influence any decisions with respect to the College or its activities. This includes, but is not limited to, entertainment, meals, refreshments, gratuities or gifts, loans, rewards, compensation, or other monetary remuneration. This also applies to all contractors, subcontractors, and/or vendors for the purpose of improperly obtaining or receiving favorable treatment. Nor shall any LSCO personnel solicit or accept anything of value from any governmental official, contractor, subcontractor, vendor or others for such a purpose. (Refer to related policies in Policy 5.1 — Standards of Conduct)

5. Conflict of Interest

All employees must ensure that no conflicts of interest exist. The College administration has an obligation, in accordance with Board statutes, to ensure that staff members avoid conflicts of interest and to assure that the activities and interests of its employees do not conflict with their obligations to the institution or its well-being. A conflict of interest arises when staff members place themselves in a position where they could use their position to create benefits for their private interests or to give improper advantage to others. When a staff member has a significant interest in, or a consulting arrangement with, a private business concern, it is important that they avoid conflicts of interest. Staff members are encouraged to direct inquiries relative to conflict of interest concerns to their department head and/or division executive officers. In those situations where a possible conflict of interest may occur, management shall take action which may include relieving the employee of the assignment and assigning the matter to another qualified employee who does not have a conflict of interest.

6. Conflict of Commitment

With the acceptance of a full-time or part-time position at LSCO, every employee is expected to accord the College their primary professional loyalty and to arrange outside obligations, financial interest, and activities so as not to conflict with their overriding commitment to the College. Consultants are also expected to arrange their outside obligations and activities so as not to conflict with their contracted commitment to the College.

A conflict of commitment occurs when an employee’s involvement in external activities adversely affects their capacity to meet their primary obligation to the College due to a perceptible reduction of the individual’s time and energy devoted to LSCO activities. Departments may permit certain outside activities, with appropriate notice to and written approval by the appropriate department head, so long as these endeavors do not interfere with an employee’s obligations to the College. (Refer also to provisions on Dual Employment in Policy 2.1 and in the section on Outside Employment in Policy 4.0 — Attendance.)

7. Nepotism

Blood or marital relationships with other College staff members are not regarded as a deterrent to appointment, reassignment, or continuance in a present position. Close relatives may not be employed where one is in a position of influence over another. Close relatives include husband or wife, parent or child, son-in-law, daughter-in-law, brother or sister. A position of influence exists in instances where selection for employment, judgments concerning performance, compensation, status, fitness for promotion or discipline/discharge, require the action of one person with respect to the other. (Application of this policy is detailed in Policy 2.0 — Nepotism)

8. Confidentiality

Security and confidentiality of College records are matters of concern for all staff with access to manual or computerized information and files. Each person working with College information holds a position of trust and must recognize the responsibilities of preserving the security and confidentiality of the information, any employee or person with authorized access to the system is expected:

• Not to make or permit unauthorized use of any information or files.
• Not to seek personal benefit or permit others to benefit personally by any confidential information which has come to them through their work assignment.
• Not to exhibit or divulge the contents of any record or report to any person except in the conduct of their regular work assignment.
• Not to remove any official record of report (or copy) from the office where it is kept except in performance of regular duties or in cases with prior approval.
• Not to operate or request others to operate any College data processing equipment for personal business.
• Not to aid, abet, or act in conspiracy with any other person to violate any part of this code.
• To immediately report any violation of this code to management.

9. Competency

All employees have an obligation to execute their duties and responsibilities with professional care and skill to the best of their knowledge and abilities. To that end, all employees must familiarize themselves with the appropriate College and/or department policies and procedures, applicable laws and regulations, and other rules as required to perform their respective jobs.

10. Financial Reporting

All College accounts, financial reports, tax returns, expense reimbursement, time sheets, and other documents, including those submitted to government agencies must be accurate, clear, timely, and complete. All entries in College books and records, including departmental accounts, and individual expense reports, must accurately reflect each transaction. It is unlawful for any employee to take an action to fraudulently influence, coerce, manipulate, or mislead an auditor engaged in the performance of an audit for the purpose of rendering the financial statements materially misleading.

11. Reporting Code Violations

Employees should report suspected violations of this code, applicable laws, regulations, and government grant and contract requirements through standard management reporting channels, beginning with the immediate supervisor. Alternatively, employees may go to a higher level of management and may also report suspected violations or problems to the Director of Internal Audit. In all instances, violations of laws or regulations should be reported to the Director of Internal Audit (409-880-8933). Such reports may be made confidentially and/or anonymously although a greater level of information allows for a more thorough investigation. Raising such concerns is a service to the College and consistent with the State of Texas’s Whistleblowers’ Protection Act will not jeopardize employment.

All employees should cooperate fully in the investigation of any misconduct.

12. Consequences of Violation

Each person is responsible for ensuring that their own conduct, and the conduct of anyone reporting to them, fully complies with this code and with the College’s policies. Violations will result in appropriate disciplinary action up to and including discharge from employment. Disciplinary action will be taken in accordance with the procedures applicable to faculty or staff as codified in the respective Faculty Handbook and in this Administrative Policy and Procedure. Conduct representing a violation of the code may, in some circumstances, also subject an individual to civil or criminal charges and penalties.

Reference: General Appropriations Act, Article II, Section 26, Special Provisions, 79th Legislature

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5.1 Standards of Conduct Policy

Scope: Faculty and Staff

Standards of Conduct for State Employees

State law requires that all individuals who are responsible to the State in the performance of their official duties must observe certain standards of conduct and disclosure requirements. An employee of Lamar State College Orange shall not:

• Accept or solicit any gift, favor or service that might reasonably tend to influence the employee in the discharge of official duties.
• Use an official position to secure special privileges or exemptions for the employee or others, except as may be otherwise authorized by law.
• Accept employment or engage in any business or professional activity which might reasonably be expected to require or induce the employee to disclose confidential information acquired by reason of such employee's official position or impair the employee's independence of judgment in the performance of public duties.
• Disclose confidential information gained by reason of one's employment, or otherwise use such information for personal gain or benefit.
• Transact any business in an official capacity with any business entity of which the employee is an officer, agent, or member or in which the employee owns a controlling interest unless the Board of Regents has reviewed the matter and determined no conflict of interest exists.
• Make personal investments in any enterprise which could reasonably be expected to create a substantial conflict between the private interests of the employee and the public interests of his or her employee.
• Receive any compensation for services as a State employee from any source other than the State of Texas, except as otherwise provided by law.
• Engage in any form of sexual harassment or racial harassment as defined in the Administrative Policies and Procedures Manual.

Travel Expenses and Allowances

An LSCO employee or prospective employee traveling overnight on Lamar State College Orange business is entitled to reimbursement of legitimate expenses.

To qualify for travel reimbursements the purpose of a trip must be “State business” or “official business” of the College. State or official business is the accomplishment of a governmental function directly entrusted to Lamar State College Orange, including the reasonably necessary means and methods to accomplish that function.

Conflicts of Interest

Ethics Commission Financial Disclosure Statements

The President shall file a financial statement with the Texas Ethics Commission not later than April 30 each year in which the President has served in such capacity for any portion of the immediately preceding twelve (12) months on forms prescribed by the commission.

Contracts Prohibited

Except as provided below, neither the Texas State University System nor Lamar State College Orange may enter into a contract in which a Regent or the Regent's spouse has a direct or indirect pecuniary interest.

Benefits, Gifts and Honoria

A “benefit” is anything reasonably regarded as pecuniary gain or pecuniary advantage, including benefit to any other person in whose welfare an employee has a direct and substantial interest.

Bribery

An employee shall not solicit, offer, or accept any benefit in exchange for his or her decision, opinion, recommendation, vote, or other exercise of official power or discretion.

Prohibited Benefits

An employee shall not solicit, accept, or agree to accept any benefit from any person the employee knows is interested in or is likely to become interested in any contract, purchase, payment, claim, or transaction involving the employee's discretion. This prohibition does not apply to (1) gifts or other benefits conferred on account of kinship or a personal, professional, or business relationship independent of an employee's status, respectively, as an employee; (2) a fee prescribed by law to be received by an employee or any other benefit to which he or she is lawfully entitled or for which he or she gives legitimate consideration in a capacity other than as an employee of Lamar State College Orange; (3) a gift, award, or memento that is received from a lobbyist who is required to make reports under Chapter 305 of the Government Code; and, (4) items having a value of less than $50, not including cash or negotiable instruments. An employee who receives an unsolicited benefit that he or she is prohibited from accepting by law may donate the benefit to a governmental entity that has the authority to accept the gift or may donate the benefit to a recognized tax-exempt charitable organization formed for education, religious, or scientific purposes.

Food, Lodging, Transportation, and Entertainment Received as a Guest

An employee may accept food, lodging, transportation, or entertainment from persons or entities he or she knows or reasonably should know are interested in or likely to become interested in a contract, purchase, payment, claim, decision, or transaction involving the exercise of the Board's discretion only if the employee is a “guest” as defined by Texas law. An employee is a “guest” if the person or a representative of the entity providing the food, lodging, transportation, or entertainment is present at the time the food, lodging, transportation, or entertainment is received or enjoyed by the employee. The President is required to report any such benefits valued at over $250 on his annual disclosure statements filed with the Texas Ethics Commission.

Gifts or Benefits from Friends, Relatives, and Associates

Employees may accept gifts or benefits from personal friends, relatives, or business associates with whom they have a relationship independent of their official status, so long as the benefit is not offered in exchange for official action or decision.

Awards

Employees may accept plaques and similar recognition awards.

Honoraria

Employees may not solicit, accept, or agree to accept an honorarium in consideration for services they would not have been asked to provide but for their official position or duties. This prohibition includes a request for or acceptance of a payment made to a third party if made in exchange for such services. However, they may accept the direct provision of or reimbursement for expenses for transportation and lodging incurred in connection with a speaking engagement at a conference or similar event, provided the employee's participation is more than merely perfunctory. Meals provided as a part of the event or reimbursement for actual expenses for meals may also be accepted. (Texas Government Code, Ann., 572.001)

Political Activities

Entertainment

If an employee provides tickets to a public official to allow the official and/or his guests to attend an event, an officer or employee of the System or Lamar State College Orange will serve as host to the official and must attend the event.

Perishable Food Items

Employees may provide public officials with small, infrequent gifts of perishable food items delivered to their offices. These are not considered to be “benefits” for purposes of the provisions of the Penal Code prohibiting such.

Expenses for Public Officials

Lamar State College Orange may pay expenses in order to furnish information to State officials relevant to their official position, including presentations about the programs and services of the Texas State University System and its component institutions.

Use of Official Authority Prohibited

Lamar State College Orange employees may not use his or her official authority or influence, or permit the use of a program administered by the System to interfere with or affect the result of an election or nomination of a candidate or to achieve any other political purpose. No Lamar State College Orange employee may do any act or attempt to interfere with anyone who seeks to pay, lend, or contribute private funds or private property to a person or political organization for political purposes. Any employee who violates either of these provisions is subject to immediate termination of employment in accordance with the Texas Government Code.

Use of System Funds or Property

No Lamar State College Orange employee shall expend or authorize the expenditure of any System or Lamar State College Orange funds for the purpose of influencing the outcome of any election, or the passage or defeat of any legislative measure. No System or Lamar State College Orange funds may be expended for the payment of full or partial salary of any employee who is also the paid lobbyist of any individual, firm, association, or corporation. System and Lamar State College-Orange facilities may be used as polling places for local, state, and national elections.

Voting and Political Participation

As employees of the State of Texas, Lamar State College Orange employees have the rights of freedom of association and political participation guaranteed by the state and federal constitutions, except as limited by valid state laws. Lamar State College Orange employees shall be allowed sufficient time off to vote in public elections without a deduction from pay or from accrued leave time.

Political Campaign Events on System Property

The Chief Executive Officer of Lamar State College Orange shall be responsible for promulgating rules for the regulation of political campaign meetings or speeches and other activities relating to political campaigns on property under their control. Such regulations shall be implemented by the Chancellor after approval by the Board of Regents.

Employees as Candidates and Officeholders

Lamar State College Orange employees may run for election and serve as members of the governing bodies of school districts, cities, towns, or other local governmental districts. No campaign activities may be conducted during official business hours unless the employee has requested and received permission to use leave time for such purpose. Any employee elected to such a position may not receive any salary for serving as a member of such governing body.

Political Contributions for Employees

Lamar State College Orange employees may make personal contributions to candidates for office and political organizations, with the exception that no State employee may contribute personal services, money, or goods of value to a candidate campaigning for speaker of the Texas House of Representatives.

(General Appropriations Act, Article IX, Section 4.05, 79th Legislature)

Dual Office Holding

Non-elective State or Federal Office

Lamar State College Orange employees may hold non-elective offices with boards, commissions, and other state and federal entities provided that the holding of such office: (1) is of benefit to the State of Texas, or is required by state or federal law, and (2) is not in conflict with the employee's position. Such appointments must be approved by the President. Prior to the President's accepting an invitation to serve in an additional non-elective office, the Board of Regents must determine that the appointment meets the two requirements stated above. The Board must also make an official record of any compensation to be received by the President from such appointment, including salary, bonus, per diem or other types of compensation. (Refer also to Policy 5.0 — Ethics, Section 1.6, Conflict of Commitment)

Positions of Employment with Government Agencies

Lamar State College Orange employees may hold other positions of employment with agencies, boards, commissions, or other entities of government so long as the holding of such positions is consistent with the prohibitions against dual office holding in the Texas Constitution. Special rules for multiple employments with the State are provided in Article IX, Sec. 9, of the General Appropriations Act. The person seeking dual employment must be informed of the special rules before that person becomes employed by more than one agency or institution. Consulting arrangements with federal, state, or local governmental agencies of a detached and independent advisory nature are not considered to be appointments with such agencies. (Refer also to Policy 5.0 — Ethics, Section 1.6, Conflict of Commitment)

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5.2 Fraud Policy

Scope: Faculty and Staff

This policy is to specifically address fraudulent acts. Fraudulent activity of any kind, including for the benefit of the College, is expressly forbidden. This policy establishes the procedures and responsibilities for reporting and resolving instances of known or suspected fraudulent acts.

Definition

Fraud is an intentional perversion of truth for the purpose of inducing another in reliance upon it to part with some valuable thing belonging to him or to surrender a legal right. A false representation of a matter of fact, whether by words or by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed, which deceives and is intended to deceive another so that he shall act upon it to his legal injury. Any kind of artifice employed by one person to deceive another. (Black’s Law Dictionary)

Broadened Definition

For purposes of this policy, the definition has been broadened to include:

1. an intentional or deliberate act;
2. depriving the College or a person of something of value or gaining an unfair benefit; and
3. using deception, false suggestions, suppression of truth, or other unfair means which are believed and relied upon.

Further Definition

A fraudulent act may be an illegal, unethical, improper, or dishonest act including, but not limited to:

1. embezzlement;
2. misappropriation, misapplication, destruction, removal, or concealment of property;
3. alteration or falsification of documents;
4. false claims by students, employees, vendors, or others associated with the College;
5. theft of any asset including, but not limited to, money, tangible property, trade secrets, or intellectual property;
6. inappropriate use of computers, including hacking and software piracy;
7. bribery, rebate, or kickback;
8. conflict of interest; or misrepresentation of facts.

Determination

While a fraudulent act may have criminal and/or civil law consequences, the College is not required to use a determination by a criminal justice authority to criminally prosecute as the basis for determining whether an act is fraudulent. It is the internal determination that the above criteria are present that defines an act as fraudulent under this policy.

Duties and Responsibilities

Generally, employees, students, and other persons associated with the College (collectively, members of the campus community) abide by laws, rules regulations, and policies; however, incidents of fraud may occur. Administrators at all levels of management are accountable for setting the appropriate tone of intolerance for fraudulent acts by displaying the proper attitude toward complying with laws, rules, regulations, and policies, including ethics policies. In addition, administrators should be cognizant of the risks and exposures inherent in their area of responsibility, and should establish and maintain proper internal controls which will provide for the security and accountability of the resources entrusted to them. Any member of the campus community who has a reasonable basis for believing a fraudulent act has occurred has a responsibility to promptly notify one of the following:

1. his or her supervisor;
2. the appropriate administrator;
3. Internal Audit

Employees who, in good faith, report unlawful activity are protected by the Texas Whistleblower Act against any retaliation by the College for making such a report. The reporting member of the campus community shall refrain from confrontation of the suspect, further examination of the incident, or further discussion of the incident with anyone other than the employee’s supervisor or others involved in the resulting review or investigation. Persons found to be making frivolous claims under this policy will be disciplined, up to and including termination of employment or expulsion from the College.

Investigation

Supervisors and administrators at all levels of management who become aware of suspected fraudulent activity are to respond in a consistent and appropriate manner and shall report the suspected activity to the Office of Audits and Compliance. With the concurrence of the Director of Audits and Compliance, the supervisor or administrator may treat the incident as an administrative issue and have a qualified individual or individuals perform an objective review as considered necessary. The Office of Audits and Compliance has the primary obligation for investigating reported incidents to the extent considered necessary for resolution. The Office of Audits and Compliance may contact other college departments to establish the necessary team to proceed with the review or investigation. The investigative team will attempt to keep source information as confidential as possible. In those instances, where the investigation indicates criminal activity, the investigation shall be turned over to the appropriate law enforcement agency. All affected departments and/or individuals shall cooperate fully with those performing a review or investigation, including the Office of Audits and Compliance, law enforcement officials, regulators, and any other parties involved. During all aspects of the review or investigation, the Constitutional rights of all persons will be observed. Suspects and others involved in the review shall be treated consistently without regard to past performance, position held, length of service, race, color, religion, sex, age, disability, national origin, or veteran status.

Disciplinary Actions

Employees found to have participated in fraudulent acts as defined by the policy will be subject to disciplinary action, up to and including termination, pursuant to personnel policies and rules. Additionally, employees suspected of perpetrating fraudulent acts may be placed on paid administrative leave during the course of the investigation. In those cases, where disciplinary action is warranted, the Human Resources Office, Office of General Counsel, or other appropriate office shall be consulted prior to taking such actions. Criminal or civil actions may be taken against employees who participate in unlawful acts. The employment of any employee involved in the perpetration of a fraud will ordinarily be terminated without eligibility for rehire. Actions to be taken will be determined without regard to past performance, position held, length of service, race, color, religion, sex, age, disability, national origin, or veteran status. Students found to have participated in fraudulent acts as defined by this policy will be subject to disciplinary action pursuant to operating manuals. In those cases, where disciplinary action is warranted, the Academic Dean, Office of Student Services, Office of General Counsel, or other appropriate office shall be consulted prior to taking such actions. Additionally, criminal or civil actions may be taken against students who participate in unlawful acts. The relationship of other individuals or entities associated with the College found to have participated in fraudulent acts as defined by this policy will be subject to review, with possible consequences including termination of the relationship. In those cases, where action is warranted, the Office of General Counsel or other appropriate office shall be consulted prior to taking such actions. Additionally, criminal or civil actions may be taken against individuals or entities associated with the College who participate in unlawful acts.

Reporting

The results of investigations conducted by the Office of Audits and Compliance shall be communicated, either orally or in writing, as determined by the Director of Audits and Compliance to the Board and Chancellor, or other appropriate administrator.

Training

The System Administrative Office shall conduct, in even numbered years, training sessions for the personnel of each component institution responsible for ethics training in the various departments of such institutions. These training sessions will provide the trainees with the methods, policies and materials necessary to allow them to train each employee within their supervision or responsibility. Each component institution is responsible for training each employee each biennium. The President shall notify the Chancellor upon completion of the ethics training each biennium.

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5.3 Performance Rating

Scope: Faculty and Staff

Staff Performance Ratings

This section covers the procedures for the administration of a system for the evaluation of the performance of staff personnel holding positions at Lamar State College Orange.

Scope and Purpose

Any type of employee performance evaluation is merely a tool of management and not an end in itself. Ratings can be a positive means in assisting staff personnel in improving job performance. A rating system further affords management an opportunity to make known to staff personnel the objectives and goals of the department and of the College and what is expected of the employee toward the attainment of the objectives and goals. Employees cannot be expected to meet performance standards that have not been clearly defined and explained as a part of the requirements of his/her position. Documentation should be on file to substantiate an individual’s performance and compliance with policies, procedures, and rules.

The employee performance evaluation should be conducted on a periodic basis and should not reflect personal prejudice, bias, or favoritism on the part of those conducting the ratings or reviews. The results of such an evaluation procedure should be used to assist management in the decision-making process of the following:

1. Determining staff personnel deserving of merit pay increases.
2. Identifying staff personnel for promotion.
3. Informing staff personnel of deficiencies, training needs, and improvements expected.
4. Justification for disciplinary actions.

Nothing in this section or in Lamar State College Orange’s employee performance evaluation policy or process shall be interpreted as invalidating or compromising Lamar State College Orange’s right to terminate any employee at will (with or without cause, with or without a statement of reasons).

Application of Policy

These rules and procedures are applicable to all departments and divisions of the College not specifically exempted from these rules and regulations and to staff personnel for evaluation and rating techniques and for deficiency reviews.

The Human Resources Office is authorized to prepare and submit to all departments suggested guidelines and forms for developing performance evaluation systems.

Required Procedures

The Human Resources Office shall establish a system of employee performance evaluation that reflects an impartial rating of an employee's performance and his/her potential for further advancement.

Each department's employee performance evaluation system shall produce overall ratings of five (5) levels as follows:

1. Needs Significant Improvement
2. Needs Some Improvement
3. Average
4. Above Average
5. Exceptional

At least annually, each staff employee, including administrators, shall be rated by his/her immediate supervisor whenever possible, and all ratings must be reviewed and approved by a higher-level supervisor than the one who prepared the rating. The higher-level supervisor will be responsible for reviewing performance evaluations for EEO compliance. It is suggested that, in all cases, the immediate supervisor doing the rating must be familiar with the performance of the staff employee during a major portion of the rating period.

All staff personnel other than temporary appointees shall be given performance ratings prior to the completion of six (6) months of service following a new appointment or promotion and at least annually thereafter. Special ratings for the purpose of recognizing performance other than satisfactory may be made at any time.

It is necessary for the immediate supervisor to discuss the rating with the employee in all cases. Where the employee receives the rating of “Needs Significant Improvement,” the supervisor shall work with the employee in an attempt to assist the employee in improving his/her performance. Such employee should be re-evaluated within sixty (60) calendar days and a new rating should be given at that time.

Employees must acknowledge their evaluation within 10 business days of the supervisor discussing the rating with the employee. If an employee fails to acknowledge or sign their evaluation within this time frame, the evaluation is accepted as final.

Evaluation and Rating Techniques

The Human Resources Office may hold an annual orientation session for supervisors to train them in the techniques of a uniform and effective employee performance evaluation program. These training sessions should include presentations and discussions of such subjects as listed below:

1. Detailed explanation of the department's employee performance evaluation and rating system;
2. Instructions as to what the administration expects in the way of performance standards and the requirements for disseminating this information to all staff personnel;
3. The requirements for maintaining an effective and uniform evaluation program within and among all units of the department and the desirability of the same;
4. To caution supervisory personnel who will be reviewing and evaluating the performance of subordinate employees against pitfalls of committing common rating errors such as:
   • Central Tendency — rating all staff personnel as average;
   • Halo Effect — allowing one aspect of a staff employee's performance to influence the entire evaluation;
   • Overvaluation or Undervaluation — the tendency of a rater to overvalue or undervalue a given factor; and
   • Miscellaneous Biases — race, sex, nationality, religion, personality conflicts, etc.

Rating factors are the criteria by which staff personnel are evaluated. Some of the common rating factors and their descriptions are listed below; however, there are other factors that could be considered.

1. Quality of Work — degree of accuracy, completeness, and acceptable standards.
2. Productivity — the use of available working time, prioritization of work, setting and meeting goals, meeting deadlines, and limiting personal calls and visits.
3. Customer Service — respect and courtesy shown, working effectively with co-workers, students and the public, and demonstrating an understanding of work on other departments.
4. Attendance and Punctuality — requests leave in advance, notifies in case of illness, arrives for work and leaves on time, observes time limits on breaks, and remains on the job after arrival.
5. Knowledge — familiarity with duties, methods, practices, equipment, College/State policies and procedures.
6. Communication — accurately conveys information verbally and in writing, listens attentively, and understands both oral and written instructions.
7. Adaptability — learns quickly, adjusts to changes in assignments, personnel, surroundings, and procedures and accepts criticism in a constructive manner.
8. Dependability — follows through on assignments, shows commitment to meeting goals, and willing to take on and be held accountable for responsibilities.
9. Initiative/Resourcefulness — sees things to be done and takes action, contributes new ideas or methods, anticipates needs and proposes solutions, and requires minimal supervision.
10. Judgment — evaluates the situation and makes sound decisions, uses reasoning to identify, solve, and prevent problems, and works in a safe manner.

Corrective Review

In the event that a situation arises where a staff employee is rated “Needs Improvement” and a serious problem exists concerning the employee's performance and/or behavior, the employee will be required to meet with the immediate supervisor for a corrective review concerning the problem. Documentation must be on file to substantiate the individual’s performance and compliance with policies, procedures, and rules. Such employee should be re-evaluated within sixty (60) calendar days and a new rating should be given at that time.

This type of review should not be used for unimportant offenses since minor matters should be reviewed in the supervisor's daily contact with the employee. Nor does this review apply where a dismissal is made under cause for immediate dismissal (i.e., theft, drinking, fighting, immoral acts, insubordination, etc.).

The review must be constructive, giving the employee every reasonable opportunity to correct the situation.

The employee, at this time, will be informed of the indicated problem area concerning his/her job performance and will be instructed by the supervisor concerning corrective measures to be taken.

The review will be reduced to writing and will include a description of the problem(s) and suggestions for correcting the situation. The review will then be signed by the supervisor and the employee and will be made part of the personnel record.

If additional meetings are required to resolve the same situation, the employee may be placed on probation, as determined by the department head with the approval of the appropriate Dean or Vice President. The employee is advised of the probationary period, the cause of such probation, the corrective procedures, and that this will be a part of his/her personnel record.

At the end of the probation period, the employee and supervisor will review the progress made. When sufficient improvement is noted, the probation can be removed at the discretion of the supervisor. The conclusions will be written for the personnel record on a specific memorandum. If the employee fails to respond satisfactorily to the conditions of probation, this will be cause for dismissal, except that nothing herein shall be construed in derogation of the Texas State University System’s employment at will policy.

Faculty Performance Ratings

Annual Performance Evaluations

All faculty members, full-time and part-time, are evaluated annually by their Dean, Associate Dean and/or Division Chair on performance related to various professional duties and activities including classroom instruction, participation in department and College affairs, professional development and service, and community service. The Annual Faculty Report may be used for faculty self-evaluation, and may be used by the Dean and Executive Vice President/Provost to support recommendations concerning promotion, tenure, and salary administration. The evaluation is used to substantiate a faculty member’s teaching effectiveness and compliance with policies, procedures, and rules. Faculty members meet with the evaluator to discuss the contents of the evaluation and receive a copy of the evaluation report after management have reviewed and signed them.

The Executive Vice President/Provost shall be responsible for reviewing performance evaluations for EEO compliance.

Post Tenure Review

Lamar State College Orange shall develop and publish in the Faculty Handbook post tenure policies and procedures to determine whether a tenured faculty member is performing consistently at an acceptable professional level as well as a mechanism whereby a faculty member is informed of any deficiencies and provided opportunity to improve his or her performance. Such policies and procedures shall be consistent with Texas State University System tenure policies and Texas Education Code, Section 51.942 and shall accord faculty members fundamental due process and a right to appeal in accordance with existing College and Board policies.

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5.4 Disciplinary Actions and Terminations

Scope: Faculty and Staff

Scope and Purpose

In order to establish a sound system of Personnel Administration for Lamar State College Orange, it is necessary that:

1. Administrative and supervisory personnel have the responsibility and authority to resolve employee problems as they arise;
2. Similar offenses by personnel are handled in a uniform manner in all departments and administrative subdivisions of the College; and
3. Personnel have a sense of security in their employment with the knowledge that capricious and arbitrary disciplinary action will not be taken against them.

The rules and procedures established in this section apply to all personnel covered by these rules and regulations.

Application of Policy

This section includes the rules and procedures applicable to the personnel of the College in regard to disciplinary actions, grievance procedures, appeals, and reviews.

Each dean, department head, director, or other administrative head of the subdivisions of the College shall ensure that all personnel covered by these rules are made aware of the provisions of these rules and shall inform all personnel under his/her administrative jurisdiction that they have the right to express their grievances or submit an appeal without fear or coercion, discrimination, or reprisal by any subordinate, administrator, or supervisor.

The Vice Presidents must consult with the President prior to the dismissal of an employee. Only the President has the authority to discharge an employee.

Disciplinary Action

In order that each supervisor and employee can be able to perform his/her respective duties efficiently and effectively, it is necessary that departmental administrators establish clearly defined departmental objectives, work performance standards, standards of conduct, and other departmental policies which are applicable in given work situations.

To maintain established standards and to ensure that all personnel adhere to reasonable rules of conduct, it is necessary that each department establish rules and procedures which will ensure timely and equitable disposition of actions determined to be necessary in dealing effectively with employee deficiencies or breach of good conduct.

Disciplinary actions may range from an oral reprimand to discharge of employment. The Human Resources Office shall review all disciplinary actions to ensure that all supervisors are reasonably consistent in disciplinary actions taken against employees. Documentation (performance evaluations, counseling, etc.) for the employee’s actions that resulted in the disciplinary actions must be provided.

Terminations of Faculty and Staff Dismissals

The Board of Regents or the President may suspend without prior notice or hearing and immediately remove from the campus any employee whose presence poses a continuing danger to persons or property or an ongoing threat of disrupting the College. The President shall as soon as possible notify the Vice Chancellor and General Counsel of such action. In such cases, the President will set a hearing before the appropriate administrator or committee on the employee’s case as soon thereafter as is practicable unless otherwise waived by the employee.

Employees, including both faculty and staff, shall be subject to discipline and/or dismissal for violating campus policy relating to electronic network facilities such as local area networks and the Internet. Nothing herein shall be construed in derogation of the System’s employment-at-will policy.

Any employee, including any member of the administration or faculty, who, acting either singly or in concert with others, obstructs or disrupts, by force or violence, any teaching, research, administrative, disciplinary, public service, or other activity authorized to be held or conducted on the campus, shall be subject to dismissal as an employee. As used in this sub-section, the words “force or violence” include but are not limited to such acts as “stand-ins,” “sit-ins,” and “lie-ins” when such acts are in fact obstructive or disruptive of any of the authorized activities listed above.

Every employee is expected to obey all federal, State, and local laws, particularly Tex. Penal Code Ann. Sec. 42.01 and 42.05 (Disorderly Conduct and Disrupting Meeting or Procession) and Tex. Educ. Code Ann. Sec. 4.30 and 4.31 (Disruptive Activities and Exhibition of Firearms). Any employee who violates any provisions of these four statutes is subject to dismissal as an employee notwithstanding any action by civil authorities on account of the violation. The minimum standards of individual conduct required by the penal statutes of Texas or the United States are both expected and required of every employee of Lamar State College Orange. Any employee who violates the minimum standards of conduct required by any penal statute of Texas or the United States is subject to dismissal as an employee regardless of whether any action is taken against the employee by civil authorities on account of such violation.

If action for dismissal of an employee is taken, the appropriate administrative officer shall proceed with the action in the same manner as would be the case of a violation by an employee of any other provision of the Administrative Policies and Procedures Manual.

Terminated employees may not use campus facilities such as the computer labs, gymnasium, or library. Security personnel will take immediate action to remove terminated employees without authorization to use campus facilities. Students who have been terminated as an employee may continue to use facilities as required for the course(s) in which they are currently enrolled.

It is the responsibility of each department to notify the Human Resources Office as soon as possible when an employee terminates for any reason. The department should submit an F3.2 through normal channels along with any appropriate documentation such as letters of resignation or termination.

Resignations — Faculty

After a faculty member has signed a contract for the subsequent year, he or she has undertaken an enforceable legal obligation; and the faculty member may not negotiate for a new position elsewhere for the period the faculty member is obligated to teach under the terms of the signed contract.

However, should unsolicited offers come to the faculty member which the faculty member desires to accept, the college may consider a request for release from the contract. The request for release should include information indicating how the division can adjust to the situation, either by employing another full-time faculty member or by use of competent adjunct personnel.

The faculty member submits a request to the Division Director, Associate Dean, or Dean who forwards the request, together with recommendations, through appropriate channels to the President or the President’s designee who will notify the faculty member if the release has been granted.

Resignations — Staff

A staff member is normally expected to give two weeks advance notice of resignation from employment. Notice should be in writing and should contain the reasons for resignation.

Any employee who is absent from work without authorized leave for three (3) consecutive workdays shall be deemed to have abandoned his/her position and to have voluntarily resigned from employment. Should an employee seek to return to work after such unauthorized leave, the employee must provide satisfactory proof that the failure to request authorized leave was justifiable and excusable. An employee providing such satisfactory proof may be returned to their original position at the discretion of the appropriate Vice President and Human Resources. Other disciplinary action is optional.

Terminations of Faculty and Due Process Procedures

Termination by the College of the employment of a tenured faculty member and all other faculty members before the expiration of the stated period of their appointment, except by resignation or retirement, will be only for good cause shown. Good cause includes but is not limited to the following:

1. Failure to work efficiently or effectively;
2. Insubordination;
3. Serious professional or personal misconduct, examples of which are:
   • Commission of a misdemeanor involving moral turpitude, or a felony;
   • Willful destruction of campus property or violent disruption of the orderly operation of the campus;
   • Violation of the System’s ethics code, including acceptance or solicitation of gifts that might tend to influence the discharge of one’s professional responsibilities;
   • Stealing and publishing as one’s own the ideas or words of another;
   • Misuse or misappropriation of State property, resources, funds, including funds held by a faculty member as part of official duties;
   • Sexual harassment as defined by Section 8 or Chapter VII of the Texas State University System Rules and Regulations;
   • Racial harassment as defined by Section 7 of Chapter VII of the Texas State University System Rules and Regulations.
4. Professional incompetence and/or neglect of professional duties;
5. Mental or physical disablement of a continuing nature adversely affecting to a material and substantial degree the performance of duties or the meeting of responsibilities to the institution, or to students and associates;
6. Illegal use of drugs, narcotics, or controlled substances. A faculty member who, by a preponderance of the evidence, under the Texas State University System Rules and Regulations, to have illegally possessed, used, sold, or distributed any drug, narcotic, or controlled substance, whether the infraction is found to have occurred on or off campus, shall be subject to termination, suspension or other discipline as determined by the President or his designee. That an employee is charged in a criminal case, or is found “not guilty” therein, shall not be construed as prohibiting enforcement of these rules. If, in the judgment of the President or the Board, the best interests of the students or University or the System so dictate, the employee may be immediately removed from contact with students and other employees, pending resolution of disciplinary proceedings.
7. Intentionally or knowingly violating any Board or administrative order, rule, or regulation. The employee is presumed to have knowledge if such Board or administrative order, rule, or regulation is published in the Texas State University System Rules and Regulations or is a published policy of the College.

Suspension

The President may, for good cause, suspend an accused faculty member pending immediate investigation or speedy hearing as hereinafter provided when the continuing presence of the faculty member poses a danger to persons or property or an ongoing threat of disrupting the academic process. An employee who is suspended or discharged from a particular duty or job may be suspended or discharged from all other duties or jobs in the College for the same or other good cause. In each case the issue will be determined by an equitable procedure, affording protection to the rights of the individual and to the interests of the system.

The President shall, as soon as possible, notify the Vice Chancellor and General Counsel of any such actions.

In cases of good cause where the faculty member admits the facts, summary dismissal may follow.

Hearing Tribunal

In all cases where the facts are in dispute, the accused faculty member will be informed in writing of the charges which, on reasonable notice, will be heard by a special hearing tribunal whose membership, including its chair, shall be appointed by the President from members of the faculty whose academic rank is equal to, or higher than, that of the accused faculty member.

1. The hearing tribunal shall not include any accuser of the faculty member. The faculty member may challenge the alleged lack of fairness or objectivity of any tribunal member, provided such challenge is made prior to the submission of any evidence to the tribunal. The faculty member shall have no right to disqualify such member from serving on the tribunal. Each such challenged member shall determine whether he or she can serve with fairness and objectivity in the matter. In the event the challenged member chooses not to serve, the President shall appoint a substitute.
2. The faculty member shall have a right to attend the hearing; confront and cross-examine adverse witnesses; present relevant evidence on his or her own behalf; testify or choose not to testify; and, be assisted or represented by counsel. The hearing shall be closed unless the faculty member requests that it be open to the public.
3. The College, through a representative and/or through counsel, shall have the right to attend proceedings; present witnesses and evidence against the faculty member; and, cross-examine the faculty member (if the faculty member testifies) and his or her witnesses.
4. The hearing tribunal, by a majority of the total membership, shall make written findings on the material facts and a recommendation of the continuance or termination of the faculty member’s tenure as well as any supplementary suggestions it may have concerning the case. The original of such findings, the recommendation, any supplementary suggestions, and the record of the hearing shall be delivered to the President and a copy thereof sent to the faculty member. Any minority findings, recommendations, or suggestions shall be distributed in the same manner.
5. A stenographic or electronic record of the proceedings will be taken and filed with the President, and such record shall be made accessible to the faculty member.

The President shall review the record, plus any additional written briefs that the parties wish to submit, and render a decision, stating his or her reasons therefore in writing and communicating the same to the faculty member. The President may recommit the matter to the same tribunal to hear additional evidence and/or to reconsider its findings, recommendations, or suggestions, if any. The original findings, recommendations, and suggestions of the hearing tribunal, a transcript of the hearing, any briefs submitted, and the decision, recommendations, findings, and suggestions of the President shall be delivered to the Board.

Upon written request by the faculty member, received in the System Administration Office within thirty (30) calendar days of the faculty member’s receipt of the President’s decision, the Board shall review the record before it. Such request should specifically address any defects in procedure or substance which require reversal of the President’s decision. The President may submit a written response to the request for review. By a majority of the total membership, the Board may approve, reject, or amend any decision, findings, recommendations, and suggestions before it, or recommit the matter to the President for reconsideration or the hearing of additional evidence. The Board shall notify the faculty member in writing of the reasons for its decision.

The Board may remove any member of the faculty when, in its judgment, the interest of the System requires the removal, subject to the Texas State University System Rules and Regulations and the Lamar State College Orange Faculty Handbook.

Termination of Faculty Employment Under Special Circumstances

If, in the judgment and discretion of the Board, reductions in legislative appropriations for faculty salaries; governmentally mandated reductions in faculty positions; significant loss of enrollment; consolidation of departments or other reorganization; dropping of courses, programs, or activities for educational or financial reasons; or financial exigency make such action advisable, the employment of a faculty member who has been granted tenure or of any other faculty member before the expiration of the stated period of his or her employment, may be terminated in accordance with the provisions of this section.

A faculty member whose employment will be recommended for termination shall be given:

1. A statement of the basis for the decision to terminate the faculty member’s employment, together with a description of the manner in which the recommendation of termination was made;
2. Access to the information and data upon which the recommendation was based; and
3. An opportunity to respond consistent with the requirements of due process.

In cases involving the termination of faculty employment under the provisions of this section, the guidelines to be used to identify faculty members in a designated program whose employment will be recommended for termination shall include the following:

1. Whenever possible, faculty reduction will be accomplished through attrition.
2. Within a designated program, the termination of the employment of a faculty member with tenure may not be recommended in favor of retaining a faculty member without tenure unless:
   • The removal of a non-tenured faculty member would eliminate an essential part of a program or render a program dysfunctional; or

A faculty member recommended for termination under the provisions of Terminations of Faculty Employment Under Special Circumstances Section should be given the opportunity for appointment in a related area provided: (a) the faculty member is qualified professionally to teach in such area or is willing to undergo the appropriate professional retraining that will qualify him or her to do so; and (b) a position is available.

A faculty member whose position has been terminated will be given first consideration for rehiring, should the position be re-established within a three-year period.

The President shall develop and publish in the Faculty Handbook the institutional policy regarding termination of employment under Section 4.5 of the TSUS Rules and Regulations, subject to review and approval of the Board.

Non-Tenured Faculty Dismissal and Non-Reappointment for Reasons Other than Financial Exigency

Prior to End of Contract

A non-tenured faculty member has no due process right, as such, to a hearing concerning non-reappointment. However, in case termination occurs in the midst of a contract, the faculty member has a property right which is protected by the Fourteenth Amendment. A faculty member may not be deprived of that property right without due process being afforded.

At the End of a Contract for Non-Tenured Faculty Members

Notice of non-reappointment or of intention not to reappoint a non-tenured faculty shall be given in writing in accordance with the following standards:

1. On or before the date of Spring commencement and to take effect for the following academic year.
2. The notification of non-reappointment date provides non-tenured faculty members with time to seek appointment at other institutions for the following year.
3. The non-tenured faculty member has no entitlement to a statement of the reasons upon which the decision for non-reappointment is based.

Terminations of Staff

The President of Lamar State College Orange shall have the authority to terminate at any time the employment of any classified staff employee and any other non-faculty personnel with the exception of administrative officers subject to the review of the Board of Regents.

The Board or the President may remove an administrative officer when in the judgment of the Board or the President the interest of the System or the College requires removal. An administrative officer shall not have a right to a hearing unless the officer presents factual allegations that the decision to terminate constitutes violation of a right guaranteed by the laws or Constitution of the State of Texas or of the United States and requests an administrative hearing to review the allegations. The administrative officer shall be afforded an opportunity to present allegations before a hearing committee consisting of three impartial administrative officers of the College appointed by the President. Such allegations shall be heard under the same procedures as in the case of dismissal of faculty for cause, with the following exceptions:

1. The burden of proof is upon the affected administrative officer to establish at such hearing that the decision in question constitutes violation of a right guaranteed by the laws or Constitution of the State of Texas or of the United States.
2. The President of the College need not state the reasons for the questioned decision nor offer evidence in support thereof unless the affected administrative officer presents a prima facie case in support of such allegations. In such case, the hearing committee shall determine whether the President has no other reason for his decision.
3. The hearing committee will make written findings on the material facts and a recommendation, which findings and recommendation shall be forwarded to the President and to the affected administrative officer. The administrative officer may appeal to the President and ultimately to the Board of Regents in accordance with the terms and procedures as in the case of dismissal of faculty for cause.

If the administrative officer has tenure at the College by virtue of holding a past faculty position or otherwise, termination as a member of the tenured faculty shall be only for good cause shown, and the official shall be given a hearing if terminated from tenured faculty status.

Before an employee is terminated, department heads should contact the Human Resources Office to ensure that proper procedures are followed. Disciplinary terminations are expected to follow the guidelines set forth in this manual.

Employees may be terminated without notice within the confines of other policies established in the Administrative Policies and Procedures Manual.

Layoffs

Should layoffs become necessary, department heads should consider all pertinent job-related factors in determining which personnel will be laid off. Factors to be considered might be the importance of tasks performed, quality of past work, length of service, etc.

Should all factors be equal, the staff employee with the least amount of state service shall be laid off first, and any additional layoffs shall be made in ascending order of service.

Whenever possible, department heads shall give thirty (30) days notice of layoffs. In any case, as much advance notice as possible should be given.

Whenever practical, persons on layoff status will be recalled prior to hiring any new personnel.

Exit Interviews

It is important that an exit interview be conducted with any benefits-eligible separating employee by the Human Resources Office to discuss the below topics.

Vacation Pay

Any benefits-eligible staff member who has six (6) months continuous employment with the State is entitled to be paid for accrued vacation time.

An employee who resigns, is dismissed, or otherwise separates from state employment is entitled to be paid for accrued and unused vacation time, as long as the employee has had continuous employment for at least six months. Institutions of higher education are allowed to immediately pay for accrued vacation leave upon separation. Separation from state employment includes, but is not limited to, a state employee leaving one state agency to begin working at another state agency, provided at least one workday occurs between the employee’s separation from the first state agency and the employee’s first day at work at the second state agency.

Employees transferring to another state agency will have their accrued but unused vacation leave balance transferred.

An employee terminating state employment may, with the agreement of the employing agency, be allowed to remain on the payroll after the last day worked to utilize vacation leave in lieu of being paid in a lump sum. The employee will not accrue any additional vacation leave while remaining on the payroll to utilize such vacation leave. The employee shall continue to receive all compensation and benefits that the employee was receiving on the last day of duty including paid holidays, longevity, and/or hazardous duty pay.

Lump sum payments for accrued vacation are computed as though the employee actually worked that time for the agency. Employees receiving lump sum payments are not entitled to receive longevity and/or hazardous duty pay for the period equal to the accrued vacation time. However, employees are entitled to have hours added for holidays occurring within the time period using the same calculations.

An employee transferring between two non-vacation-accruing positions in different state agencies where the receiving agency cannot or will not credit the employee for any existing vacation balance may be paid. When an employee terminates employment while holding a non-vacation-accruing position, any vacation payout will be calculated using the employee’s final pay in the last vacation-accruing position held. When an employee is paid for accrued vacation because he/she moves to a non-accruing position, the calculation of the payment will not include any holidays that would fall within the period covered by the vacation time.

Comp Time Pay

Non-exempt employees are entitled to be paid a lump sum payment for any accrued FLSA Compensatory time.

Non-exempt employees are not entitled to be paid for any accrued State Compensatory time.

Insurance

Insurance coverage ends on the last day of the month in which employment ends. Health and dental coverage may be continued for any participating employee and/or dependents for up to 18 months under the Consolidated Omnibus Budget Reconciliation Act (COBRA). To continue coverage, the employee must return the COBRA Election form within 60 days of the “Date of the Event.”

Catastrophic Sick Leave Pool

Separating employees are encouraged to contribute accrued sick leave to the Catastrophic Sick Leave Pool. Contributions of sick leave must be in increments of eight hours with the exception of a retiring state employee who may contribute accrued sick leave in increments of less than eight hours.

Retirement Plan Options

Employees in the Teacher Retirement System may elect to leave their money in place where it will continue to draw interest or request a refund. Employees requesting a refund may elect to receive the account balance less 20% for income tax or place the balance in an eligible retirement plan. The employee should take into consideration total years of service as well as vesting status. Contact TRS for counseling.

When an employee terminates who is a participant in the Optional Retirement Program, the employee may elect to surrender the ORP account if further employment with a State-supported institution of higher education is not contemplated. For a vested individual (one year plus one day of participation), the entire benefit provided by the contract are the sole non-forfeitable possession of the individual. If the individual has not met the vesting requirements, the carrier must return the state contribution to Lamar with the balance of the annuity value returnable to the individual.

Final Paycheck

The final paycheck may be picked up (or direct deposited) on the next regular payday following termination.

Travel Refunds

Departing employees are advised to check with the Business Office to determine the status of outstanding travel reimbursements. If necessary, a forwarding address should be provided the Business Office responsible for distribution of reimbursements.

Specialized Training Reimbursement

An employee receiving specialized training (in excess of $500) will be required to sign an agreement to reimburse the College for all costs of the training if the employee resigns within six months of the date of specialized training. Agreement forms are available from departmental secretaries.

The employee must also acknowledge materials obtained during the specialized training are the property of the College and agree to return materials when terminating.

Sign Out Procedures

Documents to be returned to Human Resources:

• I.D. Card
• Medical Insurance Card
• College-issued Credit Card
• Parking Permit
• Office Keys
• Security System Keys

To be received by the Supervisor:

• Resignation Letter
• Lamar State College Orange or Texas State University System Property

Departments are required to schedule an exit interview with Human Resources prior to the departing employees last day of work.

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5.5 Informal Complaints and Grievances

Scope: Faculty and Staff

Informal Complaints

Employees who have informal complaints will discuss their concerns with their immediate supervisor within five working days from the date of the concerning action. If the complaint is against the employee’s immediate supervisor, the informal complaint should be directed to the next supervisor in the employee’s chain of command.

The employee’s supervisor will work with the supervisor of the employee whom the complaint is against to gather additional information and work toward a resolution. The supervisor will provide a response and resolution in writing within five working days of receiving the informal complaint.

If the informal complaint is not resolved to the employee’s satisfaction within five working days of receiving the response, the employee may decide to present their informal complaint as a formal grievance within the next five working days. If a grievance is filed, the informal resolution will be provided to Human Resources.

The written documentation and all responses regarding the complaint will be placed in the employee’s personnel file. A formal grievance cannot be filed until this process has been completed.

Formal Grievances

Formal grievances cannot be filed until after the informal complaint process has been completed.

Every employee of each Component, individually or through a representative that does not claim the right to strike, shall be entitled to present grievances concerning such employee’s wages, hours of work or conditions of work to a hearing officer designated by the President. Such grievances shall not involve formal hearings. The grievance should be delivered to Human Resources for forwarding to the President.

The written documentation and all decisions and responses regarding the grievance will be placed in an employee’s personnel file. The President or his or her designee shall make the final decision regarding a grievance.

Exceptions

This policy and procedure does not apply to:

1. Complaints alleging any discrimination, including violations of Title IX
2. Complaints concerning retaliation relating to discrimination and harassment

Refer to the current version of LSCO’s Administrative Policies and Procedures for more information on filing these types of complaints.

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5.6 Use of State Property

Scope: Faculty and Staff

The use of state-owned motor vehicles except on official business is prohibited. State employees are expressly prohibited from using state vehicles in connection with any political campaign or any personal or recreational activity. State funds may not be used to pay employees who violate these provisions. The use of state property, including telephones and office equipment, should be restricted to official business. It is expected that any personal business conducted over the telephone will be kept to a minimum. Excessive personal phone calls or use of photocopiers, typewriters, etc. for personal reasons may lead to restrictions or disciplinary actions. In no case will personal long-distance phone calls be charged to Lamar State College Orange accounts.

Tools or equipment used in official duties shall not be used for personal reasons. Employees sending personal mail through the campus Post Office must pay for the mail. Removing state property from the campus for personal use is expressly forbidden. Any employee wishing to take Lamar State College Orange property home to work on official business must receive permission from his/her supervisor to do so. Failure to comply with these policies is cause for disciplinary action up to, and including, discharge.

Employees who are not issued a designated departmental laptop must check out this type of equipment following the processes in the Library department.

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5.7 Social Events with Alcohol

Scope: Faculty and Staff

It is the policy of Lamar State College Orange that alcoholic beverages are not to be possessed, served, or consumed on campus except as provided in this policy. All social events where alcoholic beverages are served are subject to the following regulations:

Facility Reservations

Use of campus facilities will be granted only to groups or organizations that have the approval of the appropriate building coordinator.

A “Request for Facilities” form must be signed by the organization president and the advisor for the organization; a reservation form must be signed by an appropriate official of the group. Reservations for use of the Student Center are made in the Student Center Reservations Office — Room 105 (882-3392). Requests for use of Academic Center facilities are made in the Dean’s office — Room 149 (882-3027). Reservations for the Brown Estate are made by calling 883-2939. Reservations for the Library are made by calling 882-3352. Reservations for the Shahan Events Center are made by calling 882-3921. Reservations for the Nursing and Classroom Building are made by calling 882-3344.

Reservation forms must be submitted to the appropriate office at least one week prior to the scheduled event.

Stipulations Regarding Time and Place

Texas State University System Rules and Regulations, VII-4, stipulate system universities shall not sell, serve or permit the sale or service of alcohol on campus, except in “special use” buildings or facilities designated by the President. With the exception of the Brown Estate, alcoholic beverages may not be served in any campus facility unless approved by the President on a per event basis. Guidelines for use of alcoholic beverages at the Brown Estate are available from the Manager of the Brown Estate.

Alcoholic beverages may not be served in “special use” buildings prior to 5 p.m. Monday through Friday without explicit authorization. Alcohol may be served in “special use” facilities Monday–Thursday, 5 p.m. until midnight; Friday, 5 p.m. until 2 a.m.; Saturday, 10 a.m. until 2 a.m.; Sunday, noon until midnight. Ordinarily facilities are unavailable during holiday periods. Beverage and bartender service will be discontinued thirty (30) minutes prior to the scheduled ending time of an event.

No alcohol may be possessed, served, or consumed in or near an area used for classroom instruction while classes are being held in such an area.

Alcoholic beverages may be served or consumed only with authorization by the building coordinator. Alcoholic beverages are restricted to the specific area designated on the reservation form.

Food Service

Food should be served at all events when alcoholic beverages are served. Arrangements for food should be made in advance. When alcoholic beverages are served, each group/organization is responsible for providing the alcoholic beverages in the advance of the event. Time and place of delivery and pick-up will be designated by the building coordinator at the time the reservation is made. Alcoholic beverages must be delivered in bulk form by a representative of the sponsoring organization. Individual members or guests may not individually bring alcoholic beverages to a social function.

An admission fee cannot be charged at an event where alcohol is served unless an alcohol sales license has been provided for and permission has been given by appropriate College officials.

Responsibilities

The president of the organization is responsible for the delivery/pick-up of the bulk quantities of alcohol to the building coordinator or his/her designate.

Signatures indicate full acceptance of responsibility for the organization's use of the facilities and compliance with state regulations regarding the consumption and distribution of alcohol.

A minimum of two (2) police officers are required at all dances/mixer-type events where alcohol is served or where the building coordinator, advisor, or Dean of Student Services deems necessary.

All adjustments to these regulations shall be communicated in writing to the advisor and/or officers of the sponsoring group or organization and have the prior approval of the Dean of Student Services.

The group or organization reserving a facility is responsible for any charges for damages and cleanup which result from an organization's function.

Any violation of these policies will be referred to the Dean of Student Services for disciplinary action. Violations may result in denial of the use of facilities and/or disciplinary action.

Purchase of Alcohol

The President of Lamar State College Orange may deem it appropriate and desirable to serve alcoholic beverages at some functions. Where not otherwise prohibited, certain local funds including but not limited to gifts, designated, auxiliary or restricted funds may be properly applied for this purpose. The Vice President for Finance and Operations shall be responsible for determining the proper source and use of funds for such purpose before the expenditure is allowed.

Persons intending to purchase alcohol on a requisition should seek approval from the President for the purchase and the Vice President for Finance and Operations for the source of funds. If approval is not obtained prior to the expense being incurred, the expense becomes the personal obligation of the individual making the purchase, and LSCO is under no obligation to reimburse the employee.

Legal Considerations

Funds held in the State Treasury may not be used to purchase alcohol at such functions including but not limited to State appropriated funds, tuition sent to the State, or State-funded grants. In addition, State purchase or travel card programs are prohibited from being used to fund such purchases.

All state regulations and statutes regarding possession, serving, and/or consumption of alcoholic beverages and the “Lamar Policy Governing On-Campus Social Events”, Lamar State College Orange Student Handbook, will be strictly enforced. Violators of these regulations/statutes/policies are subject to disciplinary action by the College and by civil authority.

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5.8 Drug and Alcohol Abuse

Scope: Faculty and Staff

Administrators should exercise extreme caution in all matters relating to this policy, assuring that procedures are carefully followed and that substantial evidence from reliable sources supports a decision to confront a student or employee.

Purpose

1. Based on its commitment to assure the safety and health of its students and employees, Lamar State College Orange seeks to maintain work and learning environments free of the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance or alcohol. Drug and alcohol abuse affects the responsible conduct of business, teaching, and learning, and therefore will not be tolerated.

1.1 This policy is based on the following objectives:

• To maintain a safe and healthy environment for all students and employees;
• To maintain the good reputation of the College and its employees;
• To minimize accidental injuries to a person or property;
• To keep absenteeism and tardiness at a minimum and to improve the effective performance of job duties and productivity of all employees and the educational performance of all students;
• In appropriate circumstances, to assist students and employees in securing substance abuse rehabilitation;
• To comply with the federal Drug-Free Workplace Act of 1988, the Drug-Free Schools and Communities Act Amendments of 1989, and other applicable legislation, and,
• To adopt and implement a program to prevent use of illicit drugs and abuse of alcohol by students and employees.

1.2 This policy shall be in addition to any drug abuse policy or policies relating to participation in intercollegiate athletics.

Definitions

As used in this policy, the following definitions apply.

1.3 “Drugs or other controlled substances” means any substance, other than alcohol, capable of altering an individual's mood, perception, pain level or judgment.

1.3.1 A “prescribed drug” is any substance prescribed for individual consumption by a licensed medical practitioner. It includes prescribed drugs and over-the-counter drugs which have been legally obtained and are being used for the purpose for which they were prescribed or manufactured.

1.3.2 An “illicit drug” or chemical substance is: (a) any drug or chemical substance, the use, sale or possession of which is illegal under any state or federal law, or (b) one which is legally obtainable but has not been legally obtained. The term includes prescribed drugs not legally obtained and prescribed drugs not being used for prescribed purposes.

1.3.3 The term “controlled substance” means a controlled substance in schedules I through V of Section 202 of the Controlled Substance Act (21 U.S.C.S.812) or which possession, sale or delivery results in criminal sanctions under the Texas Controlled Substances Act (Art. 4476-15, TCS). In general, this includes all prescription drugs, as well as those substances for which there is no generally accepted medicinal use (e.g., heroin, LSD, marijuana, etc.), and substances which possess a chemical structure similar to that of the controlled substance (e.g., “Designer Drugs”). The term does not include alcohol.

1.4 “Alcohol” refers to any beverage that is “alcohol, or any beverage containing more than one-half of one percent of alcohol by volume, which is capable of use for beverage purposes, either alone or when diluted.”

1.5 “Alcohol abuse” means the excessive use of alcohol in a manner that interferes with (1) physical or psychological functioning; (2) social adaptation; (3) educational performance; or (4) occupational functioning.

1.6 The term “conviction” means a finding of guilt (including a plea of nolo contendere) or imposition of sentence, or both, by any judicial body charge with the responsibility to determine violations of the Federal or State criminal drug statutes. (See 9.5 for time limitations on reporting such convictions.)

1.7 “Cause for reasonable suspicion” shall be established by: (1) observation; (2) action/behaviors of the individual; (3) witness by supervisor or other reliable individual of possession or use; or (4) any other legal measure used for alcohol or drug detection.

1.8 The term “criminal drug statute” means a criminal statute involving manufacture, distribution, dispensation, use, or possession of any controlled substance.

1.9 “Sanctions” should include satisfactory completion of an appropriate rehabilitation or assistance program. If an employee has been convicted of a criminal drug statute, sanctions must be imposed within 30 days.

1.10 “Intoxication” is defined as the state of having an alcohol concentration of 0.10 or more, or the state of not having the normal use of mental or physical faculties resulting from the voluntary introduction into the body of an alcoholic beverage, a controlled substance or controlled substance analogue, a dangerous drug, an abusable glue or aerosol paint, or any similar substance the use of which is regulated under state law.

1.10.1 If an injury occurs while an employee is in a state of voluntary “intoxication,” insurance carriers are not liable for compensation. However, “intoxication” must be proven.

1.10.2 “Intoxication” that results from taking prescription drugs according to the doctor’s orders does not preclude compensation.

Policy

1.11 Standards of Conduct

1.11.1 The unlawful manufacture, distribution, dispensing, possession or use of a controlled substance, the use of alcohol, or being under the influence of a controlled substance or alcohol is prohibited in the workplace.

1.11.2 An employee (faculty or staff) who has been found guilty under the Texas State University System Rules and Regulations, of the illegal possession, use, sale or distribution of any drug, narcotics, or controlled substance, whether the infraction is found to have occurred on or off campus, shall be subject to terminations, suspension or other discipline as determined by the President or his/her designee. That an employee is charged in a criminal case, or is found “not guilty” therein, shall not be construed as prohibiting System administrative enforcement of these Rules and Regulations. If, in the judgment of the President or the Board, the best interests of the students or the college or the System so dictate, the employee may be immediately removed from contact with students and other employees, pending resolution of disciplinary proceedings. Nothing herein shall be construed in derogation of the Board’s employment at will policy.

1.11.3 A student who has been found guilty under the Texas State University System Rules and Regulations, of the illegal possession, use, sale or distribution or any drug, narcotic, or controlled substance, whether the infraction is found to have occurred on or off campus, shall be suspended for a period of not less than the remainder of the semester in which the infraction occurred plus the following long semester. In the event the semester in which the infraction occurred has ended by the time a student is found guilty, the student shall be suspended for a period of not less than the following two long semesters. With the approval of the President or the President’s designee, suspension may be probated and sanctions may then include required counseling and/or rehabilitation along with other appropriate penalties. The President shall submit a written report quarterly to the chairman of the local committee, which report details all cases in which a suspension has been probated. In 2021, the Board, by Rule, established that the Local Committees of each Component shall be comprised of the entire Board of Regents. A second finding of guilt for a drug-related offense shall result in permanent expulsion from the college and from all other institutions in The Texas State University System.

1.12 Sanctions will be imposed on students and employees (consistent with local, state, and federal law), up to and including expulsion or termination of employment and referral for prosecution, for violation of the standards of conduct set forth in 3.1 above.

1.13 The College shall conduct a biennial review of its drug and alcohol abuse prevention program. It shall determine and put in report format: (1) the effectiveness of the program, and (2) the consistency of the enforcement of sanctions imposed pursuant to the program. It shall also evaluate whether any changes are needed and shall implement any such changes.

1.14 The College shall have available for review by the Secretary of Education, or designee, and the general public, if requested, copies of all documents distributed to students and employees under the drug and alcohol abuse prevention program and copies of the institution's biennial review.

Drug Free Awareness Program

1.15 The College shall publish in the appropriate handbook(s) as well as post where each employee and student will have access to information pertaining to:

• standards of conduct that prohibit the unlawful possession, use, or distribution of illicit drugs and alcohol, or being under the influence of a controlled substance or alcohol by students and employees on the College's property or as part of any College activity;
• a description of the applicable legal sanctions under local, state, or federal law for the unlawful possession or distribution of illicit drugs or alcohol;
• a description of the health risks associated with the use of illicit drugs and the abuse of alcohol;
• a description of any drug or alcohol counseling, treatment, or rehabilitation or re-entry programs that are available to students or employees;
• a clear statement that the College, consistent with local, state, or federal law, will impose sanctions against a student or employee who violates the standards of conduct. The statement must describe the possible sanctions, which may include completion of an appropriate rehabilitation program, expulsion from school, termination of employment, or referral to the authorities for prosecution; and
• a description of the institution's drug/alcohol abuse prevention and intervention program, including alternative support, education and re-entry programs for students who are suspended as a result of violating standards required by these minimum requirements.

1.16 The College shall certify the availability of a drug abuse prevention program for officers, employees and students of the institution, as required under Title IV of the Higher Education Amendments of 1986 (P.L. 99-498).

Suspicion of Usage

1.17 If a supervisor reasonably suspects that usage of a controlled substance has affected an employee's job performance, the supervisor shall immediately notify the appropriate department head, or other designated administrative official and, upon direction, the supervisor or other designated administrative official shall discuss with the employee the suspected drug-related problems. The employee should be advised of any available drug counseling, rehabilitation, or employee assistance programs, and the terms of any applicable period of probation. All such meetings between the employee and the supervisor or other designated administrative official to address the suspected drug-related problem and/or its resolution shall be documented in a memorandum to the record and filed in the employee's personnel file.

1.18 Should such discussion and/or participation in any available drug counseling, rehabilitation, or employee assistance program fail to resolve the suspected drug-related problems, or should the employee fail to meet the terms of any applicable probation period, the employee may be subject to termination, or a chemical screening may be required as provided in 7. Procedure for Testing (Chemical Screening).

Rules for Testing

1.19 Employees

An employee in a sensitive position may be tested for the use of illicit drugs. “Employee in a sensitive position” means an employee who has been granted access to classified information or employees in other positions determined by appropriate administrative personnel to involve national security, health or safety concerns, or functions requiring a high degree of trust and confidence.

1.19.1 The Department of Defense Drug-Free Work Force Rule, 53 Fed. Reg 37763 (1988), mandates that government contractors establish a program for testing for the use of illicit drugs by an employee in a sensitive position under a Department of Defense (DOD) contract.

1.19.2 Testing of an employee in a DOD-funded sensitive position shall be undertaken under the following circumstances: (1) there is reasonable suspicion that the employee's job performance has been affected by the use of illicit drugs, and (2) there is a reasonable belief that such impairment will affect national security, health or safety concerns, or functions requiring a high degree of trust and confidence.

Procedure for Testing (Chemical Screening)

1.20 Employees

1.20.1 Prior to the administration of chemical screening, the appropriate administrative or supervisory personnel must explain the chemical screening procedures to the employee and then accompany the employee to a hospital or clinic for the taking of a specimen for screening purposes.

1.20.2 Before the specimen is taken, the employee should be asked to sign a consent form agreeing to the taking of a specimen for testing purposes. The signed form will be required by the hospital or clinic. There will be a reasonable opportunity to rebut or explain a positive test result, including an independent retest of the sample.

1.20.3 The expense of the test, and any retest, shall be borne by the college. The testing procedure will be kept confidential, with the results being reported to the employee and the appropriate senior-level administrator as soon as they are available.

Regulations Specifically Related to Employees

1.21 A copy of this policy shall be provided to each employee who is or who will be engaged in the performance of a federal grant or contract, and a record shall be kept of the distribution.

1.22 Any employee whose off-duty use of drugs or other controlled substances results in absenteeism, tardiness, impairment or work performance, or is the cause of workplace accidents, may be disciplined up to, and including, dismissal.

1.23 Employees in sensitive positions whose work-related performance gives cause for suspicion of use or possession of a controlled substance may, at the discretion of appropriate authorities be subjected to testing for the substance in accordance with the sections in this policy related to testing and chemical screening. A refusal to submit to a test, combined with a reasonable suspicion of usage, may be a sufficient basis for termination.

1.24 Any disciplinary action shall be governed by College policies on discipline and dismissal and academic freedom, responsibility and tenure. Sanctions may include a period of probation for an employee or other personnel action up to and including termination. A record of the action will be placed in the employee's personnel file.

1.25 As a condition of employment, employees must abide by the required notification statement and must report any criminal drug statute conviction to their employer no later than five days after such conviction. If employed on a government grant or contract, the employer, in turn, must so notify the contracting federal agency within 10 days after receiving notice from an employee or otherwise receiving actual notice of such conviction. Within 30 days the employer must impose sanctions on the employee, up to and including termination, or requiring the employee to satisfactorily participate in an approved drug abuse assistance or rehabilitation program.

Right to Conduct Reasonable Searches

Lamar State College Orange reserves the right to conduct reasonable searches of the work area or any vehicle on college property in order to monitor policy compliance.

Authority of President

The President of Lamar State College Orange is authorized to approve any changes to this policy to bring the College into full compliance with instructions of the Board of Regents, applicable legislation, or guidelines promulgated by local, state, or federal governmental bodies.

Authoritative References

• Amendment IV, U.S. Constitution
• Pub. L. No. 100-690, Drug-Free Workplace Act of 1988, 1988 U.S. Code Cong. and Admin. News, 102 Stat. 4304-06
• HR 3614, Drug-Free Schools and Communities Act Amendments of 1989, USC, signed 2/12/89 (Section 22 of the Act amends Title XII of the Higher Education Act of 1965.)
• 21 USC 812, Controlled Substance Act
• Drug-Free Work Place Rule, 53 Federal Register 37763, U.S. Department of Defense, 1988
• Department of Defense Appropriations Act (P.L. 99-498)
• O’Connor v. Ortega, 107 S.Ct. 1492 (1987)
• National Treasury Employees Union v. Von Raab, 109 S.Ct. 1384 (1989)
• Skinner v. Railway Labor Executives Association, 109 S.Ct. 1402 (1989)
• Article I, Section 9, Texas Constitution
• Article 4476-15, TCS, Texas Controlled Substances Act
• Section 1.04, VTS, Alcoholic Beverage Code
• Tex. M. & S. Code Ann., Section 461.002 (1) (1990)
• Minute Order 99-90, 33/22/90 (Drug Abuse Resolution); 142-90, 5/25/90

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5.9 Tobacco Free Workplace

Scope: Faculty, Staff, and Students

Purpose

The purpose of this policy and procedure is to provide guidelines for the implementation of a policy on the prohibition of tobacco use on the Lamar State College Orange campus.

Rationale

Lamar State College Orange seeks to provide a safe, healthy, pleasant environment for its faculty, staff, and students. Because there are no safe tobacco products, the logical action is to promote a campus that is tobacco free. To this end, the use of tobacco products shall be prohibited in the Lamar State College Orange campus buildings, grounds, and college vehicles. The policy extends to faculty, staff, students, vendors, guests, and visitors. Tobacco use and second-hand smoke have been identified by the Surgeon General to be the cause of preventable diseases. Lamar State College Orange encourages students, faculty and staff to support and use tobacco cessation programs. In order to support the health and welfare of visitors of all ages, Lamar State College Orange will be free of tobacco use and second-hand smoke.

Policy

A. Effective June 1, 2012, the use of tobacco products (including cigarettes, cigars, pipes, smokeless tobacco, electronic cigs, vaps, and any other items containing or reasonably resembling tobacco or tobacco products) by students, faculty, staff, and visitors are prohibited on all Lamar State College Orange properties.

B. The use of tobacco products (including cigarettes, cigars, pipes, smokeless tobacco, electronic cigs, vaps, and any other items containing or reasonably resembling tobacco or tobacco products) is prohibited:

1. In all interior spaces of all Lamar State College Orange properties;
2. On all outside property or grounds of the Lamar State College Orange campus* including partially enclosed areas such as walkways, breezeways, and garages;
3. In Lamar State College Orange vehicles, including all vehicles leased for the purpose of transporting individuals on College business.

C. The College prohibits the campus-controlled advertising, sale, or free sampling of tobacco products on campus.

D. Littering the campus with remains of tobacco products or any other disposable product is prohibited.

E. Organizers and attendees at public events, such as conferences, meetings, public lectures, social events, cultural events and sporting events using Lamar State College Orange facilities will be required to abide by the tobacco-free policy and procedure. Organizers of such events are responsible for communicating the policy to attendees and for enforcing this policy.

F. Campus organizations are prohibited from accepting money or gifts from tobacco companies.

*Includes all Brown Center properties

Procedure

G. Education and Awareness

The implementation of this policy is augmented by an education and awareness campaign that may include but not be limited to:

1. notification to prospective students and staff/faculty hires;
2. informational meetings, postings, and e-mail notifications;
3. publication in staff/faculty human resources manuals, student guides and handbooks, and appropriate web sites;
4. educational campaigns employing classmates and colleagues;
5. ongoing smoking cessation programs;
6. establish culture of compliance through peer oversight.

H. Communication of Policy

Signs bearing the message “Tobacco-Free Campus” will be posted at each of the College vehicular and pedestrian entrances (as applicable), and each building will display a decal that states “Tobacco-Free Facility”. However, tobacco-free zones apply on all grounds and facilities whether or not signs are posted. No ashtrays or smoking shelters will be provided on campus.

I. Tobacco Use and Cessation Programs

The College is committed to support all students and employees who wish to stop using tobacco products. LSCO will consult with appropriate health organization and resources to identify and provide programs and opportunities for students and employees to access support systems, programs, and services that encourage them to abstain from the use of and addiction to tobacco products.

Compliance

Adherence to the policy cited above is the responsibility of all Lamar State College Orange students, faculty, staff, and visitors. It is expected that all students, faculty, staff, and visitors to campus comply with this policy. Members of our campus community are empowered to respectfully inform others about the policy in an ongoing effort to enhance awareness and encourage a society of compliance.

An individual who feels that there has been a violation of this procedure may invoke the following actions:

1. The individual should attempt to resolve the problem informally by requesting that the individual comply with the policy.
2. If direct appeal fails and the behavior persists, the individual should contact the Office of Human Resources or Office of the Dean for Student Services for referral to the appropriate administrative official.
3. Offenses will be dealt with through established administrative/disciplinary policies and procedures.
   • Students who violate this policy will be handled through the disciplinary process set out in the Student Code of Conduct.
   • Employees who violate this policy will be referred to their supervisor and shall be handled through the appropriate employee disciplinary process.
   • Visitors, volunteers, contractors, or other service providers who violate this policy shall be asked to leave campus.

Tobacco Treatment Resources

• The American Lung Association — www.lungusa.org
• The American Cancer Society — www.cancer.org
• The Centers for Disease Control — www.cdc.gov/tobacco
• Tobacco Free U — www.tobaccofreeu.org
• My Last Dip — www.mylastdip.org
• Kill the Can — www.killthecan.org
• Become an Ex — www.becomeanex.org
• National Cancer Institute’s Quitline — www.cancer.gov/cancertopics/smoking
• Medline Plus — www.nlm.nih.gov/medicineplus/quittingsmoking.html
• Campaign for Tobacco Free Kids — www.tobaccofreekids.org
• www.smokefree.gov
• www.surgeongeneral.gov/tobacco/
• www.helpguide.org/mental/quit_smoking_cessation.htm
• http://whyquit.com/
• Julie Rogers Gift of Life Program — www.giftoflifebmt.org/

Christus Hospital — FRESH START Tobacco Cessation Program

Want to stop smoking or stop using tobacco products? Make a FRESH START! Fresh Start is a cessation program lead by trained, degreed health care professionals, and is designed to assist anyone who desires to make a fresh start from tobacco.

• To Register: Call 1-866-683-3627 (toll free)
• Cost: This program is offered at no cost.

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5.10 Acquired Immune Deficiency Syndrome (AIDS)

Scope: Faculty and Staff

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

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

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

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

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

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

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

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

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

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5.11 Whistle Blower

Scope: Faculty and Staff

Whistle Blowing

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

(Texas Government Code, Chapter 554)

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5.12 Open Records Act

Scope: Faculty and Staff

The Texas Public Information Act, effective June 14, 1973. Its broad purpose is to provide the public access and information about the affairs of government and the official acts of public officials and employees. The Act makes public agency files available to the public with some exceptions. For example, an employee or official of a governmental body may choose whether to allow public access to information in the custody of the government body that relates to the person’s: (1) home address, (2) home telephone number, (3) social security number, (4) information that reveals whether the person has family members, or (5) emergency contact information. Effective September 1, 1995, the employee, official or former employee must declare this information as confidential or the information will be subject to public access.

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

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

(Texas Government Code, Chapter 552)

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5.13 Sexual Misconduct

Scope: Faculty, Staff and Students

The Texas State University System (TSUS) and Lamar State College Orange (LSCO) are firmly committed to creating and maintaining educational communities in which each individual is respected, appreciated, and valued. LSCO's focus on tolerance, openness, and respect is key in providing every member of the LSCO community with basic human dignity free from all forms of Sexual Misconduct, including Sexual Harassment, Sexual Assault, Domestic Violence, Dating Violence, and Stalking. Any report of behavior that threatens our institutional values and breaches the TSUS Sexual Misconduct Policy shall be promptly investigated and remediated in accordance with principles of law, fairness, and equity to all Parties involved.

Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in educational programs and activities. Sexual harassment of students or employees, which includes acts of sexual violence, is a form of sex discrimination prohibited by Title IX. Lamar State College Orange is committed to creating an environment free of harassment and discrimination.

Please see our Sexual Misconduct Policy for complete detail.

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5.14 Racial Harassment

Scope: Faculty and Staff

Racial Harassment Policy

Lamar State College Orange shall provide equal educational opportunities for all students and equal employment opportunities for all applicants and employees and otherwise foster an environment free of racial intimidation, humiliation, and harassment. Racial harassment, as defined herein, is expressly prohibited. Rules and Regulations, the Texas State University System, Section VII-4.3.

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

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

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

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

Any employee, student or visitor who thinks he/she is the victim of racial harassment should lodge a complaint against the offender. A complaint should be filed with the appropriate College official:

1. the appropriate Dean if it is against a faculty member,
2. the appropriate Director if it is against a staff member, or
3. the Dean of Student Services if it is against a student.

If the complaint is against one of the above officials, the complaint may be filed with any other of the above College officials. Any employee contacted about a complaint of racial harassment should immediately contact the Director of Human Resources. All complaints are considered informal until they are filed in writing. The steps for seeking an informal resolution are as follows:

1. The offended individual should report the incident(s) to the appropriate college official or the Director of Human Resources.
2. The college official will work with the complainant to determine what evidence exists for the charge of racial harassment.
3. The evidence presented will be reviewed to determine if there is cause to believe a violation of racial harassment occurred.
4. If in the judgment of the college official a violation did not occur, the complainant will be so advised and given a verbal explanation of why the incident(s) described does not constitute racial harassment.
5. If the complainant does not agree with this decision, the complainant will be given the opportunity to file a formal written complaint.
6. If the college official has cause to believe racial harassment did occur, the complainant will be given the opportunity to file a formal complaint or pursuing an informal resolution.
7. If the complainant chooses to pursue the informal resolution, the college official will notify the person charged that an informal complaint has been filed against him/her and the complainant wishes to seek an informal resolution to the problem. The charged party will be given an opportunity to confirm or rebut the charge. The college official will then meet with both parties together or independently and try to reach a mutually agreeable resolution.
8. If a resolution is not achieved, the charging party will be given the opportunity to file a written formal complaint.
9. The College may elect to pursue the charge even if the complainant does not elect to proceed.

To be considered a formal complaint, the complaint must be submitted to the appropriate college official in writing within ninety (90) days of the most recent incident and must include the resolution being sought. Appeals must be filed within five (5) working days of receiving an answer and each step should be completed within ten (10) working days.

Step One

• The college official will review the written complaint with the charging party.
• If the college official does not feel there is cause to believe that racial harassment occurred, he/she will so advise the complainant in writing stating the reason(s) for the decision.
• If the college official thinks there is cause to believe that racial harassment did occur, he/she will notify the charged party that he/she has been formally charged with racial harassment and give him/her a copy of the written charge. The accused party will be given the opportunity to confirm or rebut the charge in writing.
• The college official will then meet with both parties either together or separately and try to reach a mutually agreeable resolution.

Step Two

• If a solution is not reached in Step One, the college official and the Director of Human Resources will meet with both parties, either together or separately, to review both sides of the issue.
• The college official and the Director of Human Resources will then mutually agree on a resolution which will be communicated in writing to both parties.
• Both parties will be instructed by the Director of Human Resources to comply with the terms of the resolution.

Step Three

• The decision may be appealed by either party to the President by submitting a written statement to the Director of Human Resources. The appeal must include the basis for the appeal and the remedy sought.
• The President will take whatever action he feels appropriate to resolve the complaint. The President’s decision is final and binding.

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

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

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

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

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5.15 Concealed Handgun Policy

Scope: Faculty and Staff

Introduction

In 2015, the Texas Legislature approved and the governor signed legislation permitting individuals who possess a concealed handgun license to carry a concealed handgun on a college campus. The legislation became effective on August 1, 2016. Lamar State College Orange developed this policy pursuant to the requirements of Texas Government Code, Title 4, Subtitle B, Chapter 411, Subchapter H, Section 411.2031.

Definitions

1. “Campus” means all land and buildings owned or leased by Lamar State College Orange.
2. “Premises” is any building or portion of a building.
3. “Handgun” is any firearm that is designed, made, or adapted to be fired with one hand.
4. “Concealed handgun” is any handgun, the presence of which is not openly noticeable to the ordinary observation of a reasonable person.
5. “Concealed handgun license” is a license issued by the Texas Department of Public Safety pursuant to Texas Government Code, Title 4, Subtitle B, Chapter 411, Subchapter H.
6. “Prohibited Concealed Carry Location” is any location and/or event where the president of Lamar State College Orange has determined that the carrying of a concealed handgun poses an undue risk to campus safety or any location and/or event that is exempt by virtue of other statutory requirements.

Right to Carry

7. An individual possessing a valid concealed handgun license is entitled to carry a concealed handgun on the campus and premises of Lamar State College Orange.
8. License holders who carry a handgun on campus must carry it on or about their persons, concealed at all times, or secured in a locked, privately-owned or leased motor vehicle.
9. A license holder may not carry a handgun that is partially or wholly visible on the campus of Lamar State College Orange.
10. Students who expose or otherwise reveal the presence of a concealed handgun are subject to disciplinary action up to and including suspension or expulsion.
11. Members of the faculty and staff who expose or otherwise reveal the presence of a concealed handgun are subject to disciplinary action up to and including termination of employment.
12. Any individual who fails to meet the responsibilities required of a concealed handgun license holder may be reported to state authorities and may be subject to penalties that result in the revocation of their license.
13. Concealed Handgun License holders are not required to disclose their status to anyone other than a law enforcement officer. Lamar State College Orange employees may not, under any circumstances, require faculty, staff, students, or visitors to disclose their concealed handgun status.

Prohibited Concealed Carry Locations

14. Any premise where a high school interscholastic event is taking place.
15. Any premise where a governmental meeting is taking place.
16. Any premise where a formal hearing such as student disciplinary hearing, student grade appeal hearing, or employee disciplinary hearing is being held.
17. Any and all Prohibited Concealed Carry Locations must be clearly identified and the campus community must be given advance notice of when and where the restrictions will be imposed. Written notices must include the following language:

    Pursuant to Section 30.06, Penal Code (trespass by license holder with a concealed handgun), a person licensed under Subchapter H, Chapter 411, Government Code (handgun licensing law), may not enter this property with a concealed handgun.

18. Any signage designating a Prohibited Concealed Carry Location must meet these minimum requirements: include the above italicized language in both English and Spanish; use contrasting colors with block lettering at least one inch in height; and be displayed in a conspicuous manner clearly visible to the public.

Review

19. The President will appoint a Concealed Carry Committee that will in each even numbered year review the policy and its effectiveness. The committee may recommend changes to the Prohibited Conceal Carry Locations and address any other concerns of the campus community.
20. Any changes to this policy shall be submitted to the TSUS Board of Regents for approval in accord with the timeline provided in Section 411.2031 of the Texas Government Code.
21. The President shall submit a report to the Texas Legislature by September 1st of each even numbered year describing Lamar State College Orange’s policies, rules, regulations, and/or provision relating to the carrying of concealed handguns on campus. The Texas State University System Chancellor and the Board of Regents shall each be provided copies of the report.

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5.16 Specialized Training Reimbursement Policy

Scope: Faculty and Staff

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

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

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

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

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5.17 Personal Appearance

Scope: Faculty and Staff

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

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

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

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5.18 Open Flame Policy

Scope: Faculty and Staff

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

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5.19 Key Control Policy

Scope: Faculty and Staff

Administration of College Keys

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

Definitions

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

Central key control file: Records maintained by Physical Plant identifying keys by number and assignment. These files also include key/lock authorization requests and key issue record forms with signatures of personnel possessing campus keys. Confidentiality of this information will be maintained under the authority of the President.

Key control methods: Methods used by Security and Physical Plant to restrict access to facilities and equipment to those personnel who are properly authorized to use the facilities and/or equipment.

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

Building Access

Exterior access to facilities is generally available to faculty, staff, and students from 7 a.m. to 9 p.m., Monday through Thursday, and from 7 a.m. to 5 p.m. on Fridays. Weekend hours vary according to class schedules. Designated employees may request building access keys for use after hours. Employees receiving building access keys must agree to follow entrance/exit procedures and sign a waiver of liability acknowledging the absence of campus security during after hour periods.

Duplication of Keys

Duplication of keys by anyone other than the person designated by the Director of Physical Plant is prohibited.

Key Control Responsibilities

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

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

Supervisory Responsibility

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

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

Supervisors must report any loss of keys to the Safety & Security Coordinator.

Responsibilities of Key Holders

Key holders must complete and sign a key issue record upon receipt of any key. Key holders must receive training that includes proper opening/closing procedures and arming/disarming the alarm system (if applicable).

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

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

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

Special Security Keying and Keying Changes

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

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

Eligibility for Keys

Keys will be issued to all full-time employees who need regular access to specific work areas, equipment, and storage facilities. Key requests originate with supervisors and require approval from the Safety & Security Coordinator, the Director of Physical Plant and/or the President. Master keys may be issued to employees only when authorized in writing by the President. Part-time employees are eligible to receive keys as needed.

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

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

Only the following designated employees will be issued a great grand master key and a personalized alarm code for accessing the buildings;

• President
• Executive Vice President / Provost
• CFO & Executive Vice President of Business Services
• Dean of Institutional Effectiveness and Educational Support
• Security Personnel
• Physical Plant Personnel
• Dean of Academic, Technical and Workforce Studies
• Dean of Student Services
• Dean of Nursing and Health Professions

Only the following designated employees will be issued a grand master key and a personalized alarm code for accessing the building(s) they currently have an office in or have responsibility for faculty or staff housed within the building(s);

• Associate Deans

Only the following designated employees will be issued an exterior building key and a personalized alarm code for accessing the building their current office is in;

• Director level employees
• Coordinator level employees

Faculty who desire an exterior building key should contact their appropriate Dean. Eligibility to possess any LSCO key(s) may be terminated at any time.

Lost or Otherwise Unreturned Keys

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

• Lost or unreturned keys (issued to single user): $10 per each key lost and $20 for every cylinder that is re-keyed.
• Lost or unreturned keys (same key issued to multiple users): $10 per each key that must be replaced plus $20 for each cylinder that must be re-keyed.
• Lost or unreturned master key (controls access to a portion of a building): $50 each plus
  $20 for each cylinder that must be re-keyed.
• Lost or unreturned grand master key (controls access to entire building): cost of re- keying entire building.
• Lost or unreturned great grand master (accesses all campus facilities): cost of re- keying entire campus.

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5.20 Social Media Policy

Scope: Faculty and Staff

Overview

Lamar State College Orange tries to utilize every resource available in connecting with our students and believes that social media presents exciting opportunities to do just that.  Social media has become a part of every-day life, allowing users to share thoughts and content. The platforms bridge distances, entertain and inform, and make communication instantaneous. The College believes social media, when properly utilized, can help fulfill the mission and goals of LSCO.

While the college supports the use of social media by faculty, staff, students, alumni and other LSCO stakeholders, it also recognizes that the use of these resources can have a significant and lasting impact on both the college and on individuals. The following guidelines should be observed when interacting on sites that represent the college, its interests, departments, faculty, student organizations, staff, alumni and other stakeholders as part of the Official LSCO Social Media Community. 

Social Media Policies:

• Lamar State College Orange has developed an impressive following through social media, allowing students, faculty, staff and the community to facilitate two-way communication with different audiences. A framework of policies and procedures is necessary to maintain a level of professionalism and transparency in these media when used on a professional basis.
• Be aware and respectful. Keep comments in good taste. If linking to other sites from a LSCO webpage, make sure those links are safe and appropriate. Avoid negative comments and arguments.
• Transparency is vital. When posting content about education, campus life or other topics related to LSCO, make it clear that you are representing the college, and as such, a professional decorum must be followed.
• Keep LSCO blogs and personal blogs separate. Do NOT use LSCO logos and symbols on personal sites. Posting official LSCO graphics from personal pages is not allowed. Only posts from official LSCO pages can be shared ONTO personal pages.
• Protect information and relationships. Know that writing on social media is not only public, but archived. Avoid identifying and discussing people unless you make them aware that they are being included. Properly credit copyrighted content and never discuss proprietary information regarding LSCO.
• Keep a calm perspective. Realize that you cannot control social media and not everyone is going to agree on every subject. Sometimes, the best response is no response at all.
• Use caution in revealing personal information. There’s no requirement to provide all of your personal details when creating social media accounts. Use the same caution with links and attachments that you use in emails.
• Pay attention to security warnings.
• The College, through the Office of Marketing and Communications reserves the right to access and manage any official LSCO accounts. The college further reserves the right to edit and delete content as appropriate. The right to seize and shut down accounts if necessary is also reserved.
• LSCO is not liable for links on social media sites that do not point to LSCO’s website (www.lsco.edu).

LSCO’s social media presence is growing. The ability to engage online with current and future students, faculty and staff, parents and alumni, and donors is an important part of our marketing and branding strategy. Following these procedures will help ensure we stay on course as a college, and at the same time, safeguard your personal privacy. 

Restrictions

Members of LSCO’s social media community are representatives of the college when interacting on college sites and, as such, must adhere to all college policies and follow the guidelines set forth hereafter. 

Employees may not download or use TikTok on any LSCO-issued devices.

LSCO trusts that users will practice good judgment. The College will respond to content if/when able and/or applicable. LSCO is not responsible for any unanswered posts or inaccurate information. However, the College does claim the right to remove comments and content from social media accounts if they: 

• Are inaccurate, defame, or otherwise impact the College’s reputation and integrity.
• Contain confidential information, legal information, and/or materials under copyright. Do not alter or re-purpose any of our posted materials without approval.
• Violate the copyrights, trademarks, and/or intellectual property rights of LSCO or third parties.
• Compromise the privacy of the college, college personnel, students, and other interested parties by disclosing confidential and personal information.
• Impersonate Others.
• Include offensive language, are libelous, slanderous or unlawful. Posts are likely to be removed if they are deemed by the administrators of the site to be potentially libelous or if it maligns a particular person or group. Such conduct will not be tolerated, and appropriate follow-up actions will be pursued in accordance with LSCO codes of conduct.
• Include spam, repetitive/irrelevant posting, or other activities judged to fall into these categories. This may include topics outside the scope of immediate interest to our community and posts promoting products and/or services unrelated to the college.
• Include improper use of an LSCO logo. 
• Promote chain letters and/or pyramid schemes. 
• LSCO claims the right to remove any material without obligation to defend that action.
• LSCO reserves all the above rights, along with the right to modify this list to accommodate new platforms and technologies without reservation or obligation to defend this action. 

Social Media User Should Not:

• Violate the terms of use/service of the social platforms you use. All social media platforms have terms and conditions posted online such as the one found at http://www.facebook.com/terms.php or http://twitter.com/tos.
• Change any passwords associated with the accounts. If there is a problem or compromise of the account’s security, contact the Office of Marketing and Communications. Do not share login and password information with unauthorized individuals.

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5.21 Child Abuse Reporting and Training

Scope: Staff and Faculty

Lamar State College Orange is committed to maintaining a supportive and safe educational setting, one that enhances the well-being of all members of its community and strives to create a secure environment for children. In order to achieve this goal, all individuals, whether employed, an independent contractor, or volunteer, or having an appointment at LSCO, which come in contact with minors in the course of their job duties, shall comply with the Child Abuse Reporting and Training policy.

Employees who violate this policy will be subject to applicable and appropriate disciplinary action, up to and including termination.

If designated individuals who are not employees violate this policy, they may have privileges extended to them by LSCO revoked or suspended.

This policy governs: (a) the reporting of child abuse and neglect; and (b) training to detect the same (as per Chapter 261, Family Code and Education Code, Section 51.9761).

Reporting

A person having cause to believe that a child's physical or mental health or welfare has been adversely affected by abuse or neglect by any person shall immediately make a report to:

1. any local or state law enforcement agency;
2. the Department of Family and Protective Services; or
3. the state agency that operates, licenses, certifies, or registers the facility in which the alleged abuse or neglect occurred.

Any professional (as defined by Section 261.101, Family Code as an individual who is licensed or certified by the state or who is an employee of a facility licensed, certified, or operated by the state and who, in the normal course of official duties or duties for which a license or certification is required, has direct contact with children) who has cause to believe that a child has been or may be abused or neglected (as defined by Section 261.001 or 261.401, Family Code) or that a child is a victim of an offense under Section 21.11, Penal Code, the person shall make a report not later than the 48th hour after he or she first suspects abuse, neglect, or other infraction. A professional may not delegate to or rely on another person to make the report.

A person or professional shall make a report in the manner required by this paragraph if he or she has cause to believe that an adult was a victim of abuse or neglect and determines, in good faith, that disclosure of the information is necessary to protect the health and safety of another child or an elderly person (as defined in 48.002, Human Resources Code).

The requirement to report applies without exception to an individual whose personal communications may otherwise be privileged, including an attorney, a member of the clergy, a medical practitioner, a social worker, a mental health professional, an employee or member of a board that licenses or certifies a professional, and an employee of a clinic or health care facility that provides reproductive services.

Training

The Sexual Abuse and Child Molestation Awareness training includes information and examination concerning the following:

1. techniques for reducing a child’s risk of sexual abuse or other maltreatment
2. factors indicating a child is at risk for sexual abuse or other maltreatment
3. the warning signs and symptoms associated with sexual abuse or other maltreatment and recognition of those signs and symptoms
4. the requirements and procedures for reporting suspected sexual abuse or other maltreatment

All individuals, whether employed, an independent contractor, or volunteer, or having an appointment at LSCO, which come in contact with minors in the course of their job duties, shall comply with the Child Abuse Reporting and Training policy by completing Sexual Abuse and Child Molestation Awareness training and examination. A proactive Sexual Abuse and Child Molestation Awareness Training and Examination program maximizes adherence to SB 1414 and other applicable laws, rules, regulations and policies, and provides for the protection of minors involved in LSCO activities.

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5.22 Expressive Activity Policy

Scope: Staff and Faculty

Purpose: The purpose of this policy is to:

1. Protect the free speech rights (expressive activities) of students enrolled at and employees of Lamar State College Orange (LSCO);
2. Preserve LSCO’s primary academic mission; and
3. Protect the health and safety of the LSCO community.

In accordance with state and federal law, as well as Chapter VII, Paragraph 3 of the Texas State College System (TSUS) Rules and Regulations, the College has established the following reasonable time, place, and manner restrictions. Any restriction listed below applies equally to individuals and groups, regardless of viewpoint.

In the event of a conflict between this policy and the TSUS Rules and Regulations, the TSUS Rules and Regulations shall control.

Contents:

1. Definitions
2. Disruptive Activities Prohibited
3. Designated Traditional Public Forums
4. Speech, Expression, and Assembly
5. ID Requirement
6. Reservations
7. Amplified Sound
8. Off-Campus Speakers
9. Banners, Exhibits, and Chalking
10. Violations/Reporting
11. Disciplinary Process
12. Educational Programs

1. Definitions

• Amplified Sound is sound volume that is increased by any electric, electronic, mechanical, or motor-powered means. Shouting, group chanting, and acoustic musical instruments are exempt from this definition and are not subject to the special rules on amplified sound but are subject to general rules on disruption/noise violation.
• Antisemitism in this policy means a certain perception of Jews that may be expressed as hatred toward Jews. The term includes rhetorical and physical acts of antisemitism directed toward Jewish or non-Jewish individuals or their property or toward Jewish community institutions and religious facilities.
• Disruptive Activities include:
  • Obstructing or restraining the passage of persons to the campus or an area of the campus or to an exit, entrance, or hallway of any building without the authorization of the LSCO administration;
  • Seizing control of an area of the LSCO campuses, grounds, or any building or portion of a building for the purpose of interfering with any administrative, educational, research, or other College-authorized activity;
  • Modification, destruction, appropriation, control, and/or any improper use of any LSCO equipment or property is prohibited may result in loss of reservation and use privileges;
    Prohibited use of Amplified Sound (see Section 7 of this policy);
  • Expressive Activity in the common outdoor areas of a LSCO campus between 10 p.m. and 8 a.m. Central Time, even in designated forums;
  • During the last two weeks of a semester or term, Expressive Activities on LSCO Grounds that materially and substantially disrupt the functioning of the College; or;
  • Disrupting and/or preventing or attempting to prevent by force or violence or the threat of force or violence any lawful assembly authorized by LSCO administration. A lawful assembly is disrupted when a person in attendance is rendered incapable of participating in the assembly due to the use of force or violence or a reasonable fear of force or violence.
• Expressive Activities mean any speech or expressive conduct on LSCO grounds protected by the First Amendment to the United States Constitution or by Section 8, Article I, Texas Constitution, and includes assemblies, protests, speeches, the distribution of written material, the carrying of signs, and the circulation of petitions. The term does not include:
  • Commercial speech;
  • Defamation;
  • Unlawful harassment;
  • Incitement to imminent unlawful activity;
  • Obscenity; or
  • Threats to engage in unlawful activity.
  • Only enrolled students and employees of the institution have the right to engage in expressive activities on campus.
  • Grounds means all common outdoor spaces on LSCO campuses.

2. Disruptive Activities Prohibited

LSCO strictly enforces the TSUS Rules and Regulations’ prohibition of Disruptive Activities (see Chapter VI, Subparagraph 5.4 and Chapter VII, Subparagraph 3.7) on a LSCO campus. Any person who violates the prohibition will be subject to any lawful measures to halt and eliminate any Disruptive Activities, including, but not limited to, removal from campus, or criminal prosecution, and/or student and/or employee discipline under the LSCO Conduct and Discipline policies or other applicable LSCO policy.

3. College Grounds – Designated Public Forums

• Except for any areas the LSCO President designates as a public forum, all common outdoor areas of LSCO are limited public forums for the expressive activities of LSCO’s students and employees.
• Pursuant to Chapter VII, Subparagraph 3.41 of the TSUS Rules and Regulations, LSCO designates the following outdoor area(s) as a traditional public forum:
• Green Avenue Green Space, 412 Green Avenue, located at the corner of 4th Street and Green Avenue
• Any LSCO enrolled student or employee may engage in Expressive Activities in these outdoor area(s), subject to reasonable time, place, and manner restrictions as stated in this policy, consistent with applicable federal and state law, including the First Amendment to the U.S. Constitution and Section 8, Article I. of the Texas Constitution.
• LSCO owned or occupied facilities used for dedicated institutional business are nonpublic forums, unless they are common outdoor areas or are otherwise designated a public forum by the LSCO President.  Such nonpublic spaces include, but are not limited to, dining areas, academic and administrative buildings, recreational facilities, and parking lots, etc.

The LSCO administration, including LSCO Security, may increase the circumference restriction, as necessary, solely to protect the health and safety of the campus community or to preserve access to campus buildings or facilities.

4. Speech, Expression, and Assembly

LSCO will use clear, content-neutral and viewpoint-neutral criteria in its regulation of expressive activity to ensure that any restrictions are narrowly tailored to serve a significant interest. The reasonable time, place, and manner restrictions in this Policy shall apply to all Expressive Activities on LSCO Grounds.

• Expressive Activities must not at any time interfere with or disrupt the academic mission of the LSCO.
• Obstructing or interfering with the means of ingress or egress to or from any LSCO building, facility, or classroom is prohibited. Erecting tents or other living accommodations is prohibited.
• All tables and chairs must remain within the reserved space for the duration of the activity.
• Use of Amplified Sound must comply with the restrictions contained in the Amplified Sound section of this policy.
• Some areas of LSCO may be reserved by off-campus groups. Fees may apply.
• Expressive activities must follow the procedures in the Emergency Management & Business Continuity Plan.

5. ID Requirement

To the extent required by law, enrolled students and employees of LSCO engaged in Expressive Activity on LSCO grounds must, upon request by LSCO security officers, licensed peace officers or authorized LSCO officials, present proof of identity and affiliation with LSCO, and may not conceal their identity with the intent to intimidate others or to obstruct or interfere with a LSCO security officer or peace officer’s lawful performance of a duty or with the enforcement of the law or LSCO policy.

6. Reservations

Outdoor areas are available for reservation, but not required:

• Green Avenue Green Space, 412 Green Avenue, located at the corner of 4th Street and Green Avenue

Reservations are made through the Event Coordinator by a representative of the sponsoring organization. Reservations may be denied if the activity is scheduled at the same or similar time as another College function or meeting.

7. Amplified Sound

Use of amplified sound is permitted subject to the following:

• Location: Use of amplified sound is permitted only in reserved areas and with an approved LSCO reservation.
• Reservation: An amplified sound request must be made in conjunction with an LSCO reservation request for Green Avenue Green Space.
• Time: Amplified sound for Green Avenue Green Space is permitted during the hours of 8:00 a.m. to 10:00 p.m., Monday-Friday. During class hours for on-campus in-person courses, LSCO does not permit the use of Amplified Sound that intimidates others or interferes with campus operations or a LSCO employee’s or a peace officer’s lawful performance of a duty. During the last two weeks of a semester or term, any person engaging in expressive activities as defined in this policy is not permitted to materially and substantially disrupt the functioning of the institution by inviting speakers to speak on campus, by using a device to amplify sound, or by using drums or other percussive instruments.
• Equipment: All events using amplified sound in the permitted areas are required to use the LSCO sound system. No personal speakers or sound amplifiers (manual or electronic) will be permitted.
• Frequency: Organizations are allowed one (1) amplified sound event per week. Only one (1) amplified sound event at a time is permitted in each designated area.
• Volume: All sounds levels will be set by the LSCO based on class and campus activities schedules and are not to disrupt the academic mission of the College.

8. Off-Campus Speakers

• Only recognized student organizations, faculty, or staff may request authorization to invite an outside speaker to speak on campus. Off-campus speakers who have not been sponsored or invited by a recognized student organization, faculty, or staff or by the LSCO administration may not speak to groups in campus facilities and buildings unless the speaker is speaking to an off-campus organization that has been approved under the procedures provided in Chapter VII, Subparagraph 3.24 of the TSUS Rules and Regulations. No invitation shall be issued to an outside speaker without the prior written concurrence of the Provost/Vice President of Academic & Student Affairs, Dean of Student Services, or designee. LSCO does not authorize invitations to outside speakers to speak on College Grounds during the last two weeks of a semester or term,
• Any speaker request shall be made in writing to the Provost/ Vice President of Academic & Student Affairs, Dean of Student Services, or designee by an officer of a recognized student organization, faculty, or staff, or by an administrative officer of the College, desiring to sponsor the proposed speaker no later than fourteen (14) business days prior to the date of the proposed speaking engagement. This request shall contain the name of the sponsoring organization; the proposed date, time, and location of the meeting; the expected size of the audience; and the topic of speech. Any request not acted upon by the Provost/Vice President of Academic & Student Affairs, Dean of Student Services, or designee within five (5) business days after submission shall be deemed granted.

9. Banners, Exhibits, and Chalking

• Recognized student organizations, faculty, and staff may hang banners or posters, affix yard signs, and display exhibits on campus by reservation through the Dean of Student Services. Banners, posters, yard signs, and displays may not be affixed, in any way, to campus trees for any purpose.
• Outside groups or individuals are not permitted to hang banners or posters, affix yard signs, or display exhibits on any campus property.
• No permanent or semi-permanent structures are permitted on LSCO property.  Temporary structures are only permitted on the Green Avenue Green Space during the reservation period if the area has been reserved.
• Camping is prohibited pursuant to Texas Penal Code section 48.05 and this policy.
• Anyone who erects a temporary structure, display, or exhibit assumes full responsibility for the structure, display, or exhibit, including all injuries or hazards that may arise form it.  The College shall not be liable for any damage that may occur to the structure, display, or exhibit, and any person or organization sponsoring the structure, display, or exhibit shall indemnify the College for any claims arising from their presence on campus.
• Destruction, alteration, or appropriation of LSCO property is strictly prohibited.  For example, a person may not lower the U.S. or state flag and raise another flag in its place as doing so would constitute the unauthorized appropriation of LSCO property.
• Chalking (use of chalk to write on LSCO property) is strictly prohibited.

10. Violations/Reporting

• Student violations and grievance procedures are governed by the appropriate Conduct and Discipline policy found in LSCO’s Catalog.
• Employee violations and grievance procedures are governed by Human Resources.
• Employee violations and reporting can also be submitted to the Office of Internal Audit.

11. Disciplinary Process

• Students who violate this policy will be subject to appropriate discipline under the Conduct and Discipline policies found in LSCO’s Catalog.
• LSCO staff who violate this policy will be subject to appropriate discipline under LSCO’s Administrative Policy & Procedures Handbook.
• LSCO faculty who violate this policy will be subject to appropriate discipline under Chapter V, Paragraph 4 of the TSUS Rules and Regulations.

12. Educational Programs

• LSCO has created an Expressive Activity website for education about this policy and other useful resources. The College will review the policy no less than annually to ensure compliance with applicable laws and the TSUS Rules and Regulations.
• Educational training shall be available upon request and conducted no less than annually for recognized student organizations.
• The Dean of Student Services Office shall provide an annual notice to the College community regarding First Amendment protections related to free speech (Expressive Activity) via email and post this policy on the LSCO Expressive Activity website.

Nothing herein shall be construed to infringe upon any right of free speech or expression guaranteed by the Constitution of the United States or the State of Texas.

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5.23 Identity Theft Prevention Program

Scope: Faculty, Staff and Students

Overview:  This policy sets forth Lamar State College Orange’s (“College”) Identity Theft Prevention Program  (“Program”)in compliance with the Red Flags Rule (16 C.F.R. 681), issued by the Federal Trade Commission (FTC) and pursuant to the Fair and Accurate Credit Transactions Act of 2003 (FACTA). The program establishes reasonable policies and procedures to detect, prevent, and mitigate identity theft in connection with a covered account.

Purpose:  Policy is being developed in order to comply with the Red Flags Rule (16 C.F.R. 681) and at the guidance of TSUS.

1. General Policy

1. Lamar State College Orange is committed to protecting all personal identifying information and preventing identity theft, as required by the Red Flags Rule.
2. The policy shall apply to the issuance of student identification cards that are part of a national debt card (such as Visa or MasterCard); the use of consumer/credit reports, including background checks; and the handling of consumer accounts that involve multiple payments (including but not limited to, federal Perkins Loan Program; federal Family Education Loan Program; Institutional loan program for students, faculty, or staff; and Institutional tuition (or fee) installment payment plans);
3. As required by the Red Flags Rule, the Program includes the following policy specifics:
   1. identifying relevant Red Flags for new and existing covered accounts;
   2. detecting Red Flags that have been incorporated into the Program; and
   3. responding appropriately to detected Red Flags in order to prevent and mitigate identity theft.
4. The Program will be periodically updated to reflect environmental, institutional, technological, and legal changes.

2. Authority and Responsibility

1. The Assistant Vice President for Finance is the designated Program Administrator and will exercise appropriate and effective Program oversight. The Program Administrator shall be empowered to manage and execute all aspects of the Program, including the engagement of other institutional departments and personnel as necessary to detect, identify, mitigate, and prevent identity theft.
2. Periodically, the Program Administrator shall discuss assessments of the Program with the College President and Vice President for Finance and Operations/Chief Financial Officer. The Program Administrator shall provide an annual report to the President and Vice President for Finance and Operations/Chief Financial Officer, to include incidents involving identity theft, management’s response, and recommended Program changes.
3. The Program Administrator is responsible for ensuring the completion of the following seven steps for compliance:
   1. analyzing the size and complexity of the College’s covered accounts;
   2. determining the existing policies that control foreseeable risks of identity theft;
   3. developing a list of “Red Flags” (risk factors) for the covered accounts and how to detect them;
   4. establishing the procedures that should be followed when a Red Flag is detected;
   5. training the College employees who work with covered accounts;
   6. evaluating the program administration and regularly updating the Program to reflect changes in risk;
   7. managing outside service providers.
4. Third party vendors who process payments for or on behalf of the College must provide written documentation certifying their compliance with the FTC’s Red Flags Rule.
5. To assure the Program’s effectiveness, specific details of the Program’s identification, detection, mitigation, and prevention practices are considered “confidential” information and shared with employees according to their “need to know”.
6. In the event College personnel detect any identified Red Flags or related suspicious activity, such personnel shall report it immediately to the Program Administrator, who will conduct further investigation and initiate the appropriate response actions.

3. Identification of Red Flags

To identify relevant Red Flags, the College considers the types of accounts that it offers and maintains, the methods it provides to open/access its covered accounts, and its previous experiences with identity theft. The following items will be considered Red Flags (risk factors):

1. Notifications and Warnings from Consumer/Credit Reporting Agencies (fraud alerts, credit freezes, etc.)
2. The Presentation of Suspicious Documents, such as inconsistent photo identification or personal identifying information (forged ID, mismatched information, etc.)
3. The Presentation of Suspicious Personal Identifying Information – personal information inconsistent with other information on file (name, address, etc.)
4. Suspicious Covered Account Activity or Unusual Use of Account (sudden change in payment behavior, unauthorized access, etc.)
5. Alerts, notifications, or warnings from consumer/credit reporting agencies
6. Notice from customers, victims of identity theft, or law enforcement

4. Employee Training

Each employee who works with a covered account shall attend annual training on the Program. The Finance Office will offer Program training in conjunction with IT Security. The training will include review of the relevant policies and procedures on how to manage covered accounts, guidance on how to detect Red Flags, as well as procedures for responding to Red Flags.

5. Detecting Red Flags

College personnel will verify:

1. the identification of customers requesting information about themselves (in person, via telephone, via facsimile, via email);
2. verify the identity of the individual before opening an account or requesting a consumer/credit report;
3. review all consumer reports for inconsistencies or alerts;
4. confirm the accuracy of information provided by the individual against all consumer/credit reports;
5. the validity of request to change account-related addresses; and
6. the accuracy of changes in bank account information that might impact billing and payment.

6. Response Actions

1. Notification of a Red Flag will be made to the Program Administrator immediately after its identification. The Program Administrator will determine the appropriate response of actions, if any, upon detection or report of Red Flags, in accordance with requirements of the FACT Act of 2003 and other applicable regulations. The Program Administrator shall notify IT Security if the Red Flag suggests the possibility of a breach in information security. Such actions will be made to mitigate identity theft, and may include but are not limited to:
   • monitoring a covered account for evidence of identity theft;
   • do not proceed with the background check or employment/credit decision until the discrepancy is resolved;
   • contacting the customer;
   • changing any passwords, security codes, or other security devices that permit access to a covered account;
   • if identity theft is suspected, notify the affected individual and appropriate law enforcement; or
   • determining that no response is warranted under the particular circumstances.
2. The Program Administrator will log all reported Red Flag detections along with the actions taken and include a summary in the annual report for the President.

7. Continually Administer and Regularly Update

1. The Program will be periodically reviewed and updated to reflect changes in identity theft risks, business practices and procedures, and the technological environment. In reflecting upon possible changes, the Program Administrator will consider:
   • The College’s experiences with identity theft;
   • changes in identity theft methods;
   • changes in types of accounts the College maintains;
   • changes in the College’s business arrangements with other entities; and
   • any changes in legal requirements in the area of identity theft.
2. After considering these factors, the Program Administrator will determine whether changes to the Program, including the listing of Red Flags, are warranted.

8. Outside Service Provider Arrangements

1. In the event the College engages a service provider to perform an activity in connection with one or more accounts, the service provider is required to provide written documentation certifying their compliance with the FTC Red Flags Rule.

Resources Supporting Policy (if applicable): Required by the Red Flags Rule (16 C.F.R.681) issued by the Federal Trade Commission and pursuant to the Fair and Accurate Credit Transactions Act of 2003.

Definitions (if applicable):

1. Consumer Report: Any written, oral, or other communication of any information by a consumer reporting agency bearing on a consumer’s creditworthiness, character, general reputation, or personal characteristics.
2. Covered Accounts: A consumer account designated to permit multiple payments or transactions, or any other account for which there is a reasonably foreseeable risk for the identity theft.
3. Identity Theft: Fraud committed or attempted using the identifying information of another person without authorization.
4. Personal Identifying Information: any name or number that may be used, alone or in conjunction with any other information, to identify a specific person, including but not limited to: name, address, telephone number, social security number, date of birth, government issued driver’s license or identification number, alien registration number, government passport number, employer or taxpayer identification number, student identification number, computer’s Internet Protocol address, or routing code.
5. Program Administrator: The individual designated with primary responsibility for oversight of the Identity Theft Prevention program mandated by the FTC’s Red Flags Rule.
6. Red Flag: A pattern, practice, or specific activity that indicates the possible existence of identity theft.

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5.24 Foreign Adversary

Scope: Faculty and Staff

Policy Statement

Lamar State College Orange implements this policy to safeguard state information resources and U.S.-developed technologies against intellectual property theft and other uses adverse to U.S. national security by foreign adversary countries or governments.

Definitions

Foreign Adversary. A foreign adversary is a country or government on the U.S. Department of Commerce’s foreign adversaries list under 15 C.F.R. § 791.4.  As of the effective date of this policy, foreign adversaries include the People’s Republic of China, including the Hong Kong Special Administrative Region (China); the Republic of Cuba (Cuba); the Islamic Republic of Iran (Iran); the Democratic People’s Republic of Korea (North Korea); the Russian Federation (Russia); and Venezuelan politician Nicolás Maduro (Maduro Regime).

Prohibition on gifts and participation in foreign talent recruitment programs

1. LSCO employees are prohibited from accepting any gift, regardless of value, from an entity associated with a foreign adversary country or government. Gifts include, but are not limited to, grants or funds provided for research or travel.
2. LSCO employees are prohibited from taking part in talent recruitment programs sponsored by a foreign adversary country (e.g., China’s Thousand Talents Program). 
3. Any person may report being approached by groups representing foreign adversary countries or governments that offer gifts or travel or a suspected violation of this policy by an LSCO employee to LSCO’s EthicsPoint hotline. 

Prohibition on professional travel to foreign adversary countries

LSCO employees are prohibited from traveling to foreign adversary countries for professional purposes

Personal travel to foreign adversary countries

1. Employees traveling to foreign adversary countries for personal reasons must submit an International Personal Travel Pre-Trip Notification Form to LSCO’s Human Resources department prior to their departure. The form is located under Benefits in Blackboard.
2. Employees returning from travel to a foreign adversary country must complete the International Personal Travel Post-Trip Disclosure form within 10 business days of returning to work and return it to the Human Resources Department.   The form is located under Benefits in Blackboard.
3. Employees may not bring college-issued devices, non-public college information in any form, or personal devices containing college information, including devices containing passwords or access to college information resources, to a foreign adversary country.
4. Employees may not log into or access any LSCO information resources while traveling in a foreign adversary country. 
5. Employees may not provide access to non-public college information, including research conducted at or sponsored by LSCO or other U.S.-based entities, to any person or entity while traveling in a foreign adversary country.
6. Employees must immediately report to LSCO any intentional or inadvertent disclosure of non-public college information or sensitive or proprietary technologies associated with the employee’s work for LSCO, to a person or entity associated with a foreign adversary country or government.

Related Policies, Regulations, Standards, and Guidelines

Executive Order by the Governor of the State of Texas, GA-48, issued November 19, 2024

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5.25 Service Animals

Scope: Faculty and Staff

Overview

Lamar State College Orange values the access service animals provide individuals with disabilities.

The Office of Accessibility Services provides the following information for use of Service Animals on campus:

Definitions

Under the Americans with Disabilities Act (ADA), a Service Animal is defined as...

"Dogs that are individually trained to do work or perform tasks for people with disabilities. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties. Service animals are working animals, not pets. The work or task a dog has been trained to provide must be directly related to the person’s disability. Dogs whose sole function is to provide comfort or emotional support do not qualify as service animals under the ADA. "

Animals other than dogs are not considered Service Animals (although in some instances, miniature horses may be used), nor are animals that provide emotional support, comfort or companionship. To qualify as a Service Animal, the dog must be trained to do work or perform tasks directly related to the individual's disability. Examples of work or tasks include but are not limited to:

1. Guiding an individual who has visual impairment
2. Alerting an individual who has hearing impairment or who is deaf
3. Stabilizing/calming an individual with anxiety or posttraumatic stress disorder during a panic attack or flashback
4. Assisting an individual in a wheelchair
5. Alerting or protecting an individual who has a seizure disorder
6. Reminding an individual who has a mental illness to take a prescribed medication

Service Animals must be permitted to accompany an individual with a disability anywhere on campus in compliance with the ADA. Service Animals are welcome in all buildings on campus that are open to students and the public. 

Any currently enrolled student being accompanied by a Service Animal must register their animal with the Accessibility Coordinator.

https://www.lsco.edu/student-life/resources-support/accessibility-services.php 

Service Animals in Training

A service animal in training shall not be denied admittance to any public facility when accompanied by an approved trainer who is an agent of an organization generally recognized by agencies involved in the rehabilitation of persons who are disabled as reputable and competent to provide training for assistance animals, and/or their handlers.

Allowable Inquiries About Service Animals by Faculty/Staff

When it is not obvious what service or task an animal provides, only limited inquiries are allowed:

Is the animal a service animal required because of a disability?

What work or task has the animal been trained to perform?

Faculty/Staff cannot ask about the individual’s disability or require medical documentation.

Removal of Service Animals

An individual with a disability cannot be asked to remove their service animal from the premises unless:

The service animal is not housebroken.

The service animal is out of control, and the handler does not take effective action to control it.

The owners of disruptive or aggressive Service Animals may be asked to remove them from campus facilities. If improper behavior happens repeatedly, the owner may be told not to bring the Service Animal into any facility until they take significant steps to mitigate the behavior. Cleanliness of the Service Animal is mandatory. When there is a legitimate reason to ask that a service animal be removed, other accommodations will be offered to provide the individual with the disability of equal access to services and/or programs without the animal's presence.

Responsibilities of People Using Service Animals

Cleanliness of the Service Animal is mandatory.  A person who uses a service animal is liable for damage done to the premises or facilities by the animal.  The person must keep the animal harnessed or leashed or under another mode of control.

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5.26 Email Etiquette

Scope: Faculty and Staff

Purpose

This policy establishes expectations and guidance for the appropriate, professional, and effective use of Lamar State College Orange (LSCO) email by faculty and staff. Email is a primary communication tool for conducting college business and represents the institution in both internal and external communications. This policy supports consistency, professionalism, accessibility, and brand alignment across all LSCO email communications.

Scope

This policy applies to all LSCO faculty and staff who use an LSCO-issued email account to conduct college business. It governs internal and external email communications sent on behalf of the college, including correspondence with students, colleagues, community partners, vendors, and the general public.

Policy

1. Professional Use of Email: LSCO email accounts are to be used primarily for official college business. Faculty and staff are expected to communicate in a professional, respectful, and courteous manner that reflects the mission and values of Lamar State College Orange. Written communication should be clear, purposeful, and appropriate for a professional academic and work environment.
   
   Faculty and staff are expected to use professional language and exercise sound judgment in all email communications. Emails should be written with the understanding that tone can be easily misinterpreted in written form. Messages should be respectful, constructive, and aligned with institutional standards of professionalism. While individual communication styles may vary, email correspondence should consistently reflect courtesy, clarity, and professionalism.
2. Reasonable Response Expectations: Email is not an instantaneous communication tool. Faculty and staff should make reasonable efforts to respond to email messages within standard business timeframes. In general, responses within one to two business days are considered reasonable. When additional time is needed to provide a complete response, acknowledging receipt of the message is encouraged. Faculty and staff are not expected to respond to email outside of normal business hours unless their role or responsibilities require it.
3. Standardized Email Signatures: To support brand consistency and professionalism, the use of a standardized LSCO email signature is required for all faculty and staff. Marketing Communications provides an official email signature generator that allows individuals to create a customized signature using approved LSCO formats and branding.
   
   Exceptions to the use of the standardized email signature may be granted on a case-by-case basis with approval from Marketing Communications.
4. Accessibility and ADA Compliance: Email communications must follow basic accessibility and ADA-friendly practices to ensure information is accessible to all recipients. Faculty and staff should:
   • Ensure that information critical to understanding the message is available in accessible text form.
   • Avoid image-only emails for conveying essential information.
   • Use clear, descriptive language and links.
   
   These practices support inclusive communication and align with institutional accessibility standards.
5. External Communications and Institutional Representation: Emails sent to external audiences using an LSCO email address representing Lamar State College Orange. Faculty and staff are expected to maintain a professional tone and accurate representation of the institution when communicating with external partners, vendors, prospective students, or members of the public. Official announcements or statements must continue to follow applicable LSCO approval and communication processes.
   
   Out-of-Office Notifications: Out-of-office notifications help ensure continuity of communication, reduce delays, and support timely service to students, colleagues, and external partners. Messages should be professional, concise, and focused on directing the sender to appropriate assistance when applicable.
   
   Faculty and staff are encouraged to use an out-of-office (automatic reply) message when they will be away from the office and unavailable to respond to email for a full business day or longer. Out-of-office messages should include the expected duration of the absence and provide clear direction and detailed information (telephone number, email address) for alternate points of contact or next steps during that time. The out-of-office message should be available for both internal and external audiences.
6. Mass Email Communications: A mass email is defined as any unsolicited electronic message sent to the entire LSCO community or to large subgroups of faculty, staff, or students for the purpose of distributing announcements or information. Faculty and staff should not use individual email accounts or distribution lists to send mass communications on behalf of the college.
   
   All mass email communications must comply with the Lamar State College Orange Mass Email Policy and follow the established approval and distribution process. Faculty and staff are responsible for ensuring that messages intended for broad distribution are routed appropriately and approved in accordance with that policy.
7. Email Retention & Recordkeeping: Email communications related to official college business are institutional records and should be retained in accordance with applicable Lamar State College Orange and Texas State University System Records Retention Policies. Faculty and staff are encouraged to manage email in a manner that supports continuity of operations, transparency, and appropriate documentation of college activities.
8. Appropriate Use, Security, and Responsibility: Faculty and staff are expected to use their LSCO-issued email accounts for official college business to ensure professionalism, consistency, and institutional accountability. Personal email accounts may not be used to conduct official LSCO business, particularly when communicating with students, external partners, vendors, or members of the public.
   
   Faculty and staff should remain mindful of email security and exercise caution when handling sensitive information. Passwords, confidential data, or protected information should not be shared via email. Suspicious or potentially fraudulent messages should be reported to Information Technology Services in accordance with established security procedures.

Support and Resources

Marketing Communications provides tools and support to assist faculty and staff with professional email communication, including the official LSCO email signature generator available on the Marketing Communications website. Faculty and staff with questions regarding email etiquette, standardized signatures, or exception requests are encouraged to contact Marketing Communications at (409) 882-3917 for assistance.

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5.27 Public Information Act (PIA) Requests

Scope: Faculty and Staff

Purpose

This policy establishes procedures for responding to requests for public information under the Texas Public Information Act (Texas Government Code, Chapter 552) at Lamar State College Orange (LSCO), a public institution of higher education. It ensures compliance with state law, promotes transparency, and protects confidential information.

Scope

This policy applies to all employees, departments, and offices of Lamar State College Orange.  

Summary of the Act

The Act provides that all information collected, assembled, or maintained by governmental bodies is public information and available to the public during normal business hours, unless the information falls within certain exceptions specified in the Act. Many of those exceptions are summarized as follows:

1. information that is confidential under other specific statutes or by judicial decisions;
2. certain personnel information that would constitute a clearly unwarranted invasion of personal privacy (employees who wish to protect from disclosure their home addresses, home telephone numbers, and whether they have family members, may do so by contacting Human Resources. Social security numbers are protected from disclosure);
3. certain information relating to litigation if the litigation is pending or reasonably anticipated on the date the request is made;
4. information relating to competition or bidding;
5. information relating to the location or price of property before public announcement or award of contract;
6. certain legislative documents;
7. certain legal matters;certain law enforcement records;
8. certain private communications of an elected office-holder;
9. certain commercial or financial information;
10. certain memoranda containing advice, opinions, or recommendations on policy matters;
11. certain information relating to regulation of financial institutions or securities;
12. geological or geophysical information;
13. certain student records;
14. certain birth and death records;
15. certain audit working records;
16. certain addresses, telephone numbers, social security numbers, and personal family information;
17. official prescription forms;
18. photographs of peace officers;
19. certain rare books and original manuscripts;
20. certain documents held for historical research;
21. certain test items;
22. names of applicants for chief executive officer of institutions of higher education;
23. certain library records;
24. certain audits;
25. names of applicants for superintendent of public school districts;
26. certain information submitted by a potential vendor or contractor;
27. personal information relating to participants in neighborhood crime watch organizations;
28. motor vehicle inspection information;
29. certain motor vehicle records;
30. certain economic development information; and
31. crime victim information.

Lamar State College Orange is a governmental body; therefore, records it maintains are subject to the Act’s provisions. The Act applies to records kept in all forms, including books, paper, letter, document, email, internet posting, text message, instant message, other electronic communication, printout, photograph, film, tape, microfiche, microfilm, photostat, sound recording, map, and drawing and a voice, data, or video representation held in computer memory. Any electronic communication, including emails, text messages, and instant messages, created, transmitted, received or maintained on any device, even a personally owned device, is public information if the communication is in connection with the transaction of official college business.

Tangible items such as tools and keys are not covered by the Act. Personal notes not made or kept in the course of college business are not subject to disclosure under the act.

The Act does not require that the college prepare new information, provide it in the form requested, or comply with standing requests. However, if information is readily available in the form requested, it should be provided in that form. If there is uncertainty, the LSCO Public Information Coordinator (PIC) and information holder will together determine the best means of providing information.

The Texas Public Information Act says a governmental body must “promptly” produce information in response to a request.  Promptly means that a governmental body may take a reasonable amount of time to produce the information but may not delay.  What constitutes a reasonable amount of time depends on the facts in each case. The Texas Public Information Act indicates that if a governmental body seeks an attorney general decision as to whether it may withhold requested information, it must notify the requestor not later than the 10th business day after its receipt of the written request that it is seeking an attorney general decision.

Policy Statement

Lamar State College Orange will respond to all public information requests in accordance with the Texas Public Information Act, ensuring timely, accurate, and lawful disclosure of records.  The Public Information Coordinator, as designated by the President, is responsible for responding to all public information requests at LSCO.  The Assistant Vice President of Operations and Institutional Services has been appointed by the President as the Public Information Coordinator for LSCO.

Responsibilities

Public Information Coordinator (PIC):

The Public Information Coordinator serves as the primary contact for all Public Information Act requests.  The PIC is responsible for ensuring compliance with the statutory deadlines, coordinating with legal counsel on exemptions and filing any requests for Attorney General rulings as required.  The PIC will extend to persons requesting public records all reasonable comfort and facility for the full exercise of the rights granted by the Act. The PIC will treat each request for information uniformly without regard to the position or occupation of the person making the request, the person on whose behalf the request is made, or whether the individual is a member of the news media.

Employees

All employees of LSCO have a responsibility to assist in fulfilling open records requests under the Texas Public Information Act. The Public Information Coordinator (PIC) is the designated authority for managing and responding to requests. Any employee who receives a request for public information must immediately (same business day it is received) direct the requestor to the Open Records Policy that includes instructions on how to request information from LSCO. Requests received by anyone other than the PIC are not valid Public Information Act (PIA) requests and should not be responded to.

Employees in departments that maintain official records—such as academic affairs, student services, finance, human resources, and institutional research, purchasing, contracts—are required to cooperate fully by locating and providing responsive documents promptly upon request of the PIC. Failure to comply may result in delays, legal consequences for the institution, and disciplinary action for the employee.

Requestors

Requestors must follow the following procedures to obtain information from LSCO:
Requests must be submitted by mail, email or in person to the following:

By Mail: Public Information Coordinator, 410 W. Front Street, Orange Texas 77630;
By email: openrecords@lsco.edu
In Person: Public Information Coordinator, Ron E. Lewis Building, Office 359, 290 N. 4th Street, Orange, TX 77630.

Training

PIC and designated staff must complete PIA training within 90 days of appointment and every two years thereafter. Employees who would like additional information concerning the Public Information Act may contact the PIC.

Compliance

Failure to comply with this policy may result in disciplinary action and potential legal consequences under Texas law.

References

• Texas Government Code, Chapter 552
• Texas Attorney General: Public Information Act Handbook
• LSCO Records Management Policy

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5.28 Acceptance of Gifts

Scope: Faculty and Staff

Policy Statement

1. Philanthropic support is essential to Lamar State College Orange. Contributions from individuals, corporations, foundations, and other organizations are vitally important to the fulfillment of the College’s mission. This policy is intended to facilitate, coordinate, and manage fundraising activity so that donor intent aligns with the College priorities. Through an intentional and strategic process, alumni, organizations, and friends will be solicited and stewarded in a consistent and coordinated manner.
2. The College strongly encourages the solicitation and acceptance of private gifts and grants, which enables it to fulfill its mission of instruction, research, and public service.
3. Gifts may be sought from individuals, corporations, and foundations.  However, they may be sought only for purposes, positions, and programs, which have appropriate academic or administrative approval.
4. The College values and will protect its integrity, its independence, and the academic freedom of the College community.  Gifts that may expose the College to adverse publicity, require expenditures beyond College resources, or involve the College in unexpected responsibilities because of their source, condition, or purposes or are not consistent with the mission of the College will not be accepted.
5. The College is unable to accept gifts too restrictive in purpose or inconsistent with its stated academic purpose and priorities.  Gifts received by the College must not inhibit it from accepting gifts from other donors.  Further, no gift can be received, which limits, beyond a general definition of subject area, the research that a faculty member or student can perform.
6. The College cannot accept gifts which involve unlawful discrimination based upon race, sex, age, national origin, color, handicap, or any other basis prohibited by federal, state, and local laws and regulations.  Nor can the College accept gifts which obligate it to violate any other applicable law or regulation.

For the full policy on the acceptance of gifts and donation, please visit the MyGator Card.