I. Doane College Workplace Environment and Procedures

Notice of Nondiscrimination

Applicants for admission and employment or professional agreements with the College are hereby notified that this institution does not discriminate on the basis of race, color, religion, sex, genetic information, national origin, disability, age, marital status, sexual orientation or any other protected class recognized by state or federal law in admission or access to, or treatment, or employment in its programs and activities. Sexual Harassment and sexual violence are prohibited forms of sex discrimination.

Any person having inquiries concerning the College’s compliance with the regulations implementing Title VI, of the Civil Rights Act 1964, Title IX of the Education Amendments of 1972, or Section 504 of the Rehabilitation Act of 1973, is directed to contact Laura Sears, Director of Human Resources at laura.sears@doane.edu, or 1014 Boswell Ave. Crete, NE 68333; (402) 826-6773. Laura Sears has been designated by the College to coordinate the institution’s efforts to comply with the regulations implementing Title VI, Title IX, and Section 504. Any person may also contact the Assistant Secretary for Civil Rights, U.S. Department of Education, regarding the institution’s compliance with the Regulations implementing Title VI, Title IX, or Section 504.

Grievance Procedure

Doane College wants to ensure prompt and equitable resolution of complaints alleging any discrimination or other conduct prohibited by the Americans with Disabilities Act (ADA) or Section 504 of the Rehabilitation Act of 1973, as amended (20 U.S.C. 794.)  If at any point a student, faculty or staff member believes that there has been a violation of ADA or Section 504, he or she should follow these steps:

1. To file a grievance, the student, faculty or staff member must contact the college’s Section 504 Coordinator within 30 working days of the alleged discrimination or other conduct. (In special circumstances an extension may be granted for filing a grievance.) All grievances should be filed with Laura Sears, Director of Human Resources and the College’s designated Section 504 Coordinator. She may be contacted at (402) 826-6773 or via email at laura.sears@doane.edu.
2. The 504 coordinator will make contact with the student or employee filing the grievance within two business days. The 504 coordinator will make a record of the meeting and may request person filing the complaint to present the grievance in writing.
3. The 504 coordinator or her designee will conduct a thorough and impartial investigation of the complaint, during which all parties will have the opportunity to present witnesses and other evidence. 
4. Upon review of the documentation and information gathering, the 504 coordinator will render a findings report to Doane College and will provide a copy of the findings report to the student or employee grievant.   The parents or guardians of a student grievant, if FERPA (Family Educational Rights and Privacy Act) permits, may request a copy of the findings report within 30 days after its filing.
5. The person filing the complaint may request reconsideration of the report determination and findings if he or she is dissatisfied with the resolution.  This request should be made to the Section 504 Coordinator within 10 working days. The findings report will be provided to the Vice President for Student Leadership when a student requests reconsideration and to the Vice President for Finance and Administration when a faculty or staff member requests reconsideration.  The designated Vice President will be responsible for reviewing the report findings and resolution and making a determination in writing and providing copies of the written determination to the person filing the grievance within 10 working days. Report findings will also be filed with the 504 Coordinator.

The college will take steps, as appropriate, to remedy the effects of and prevent the recurrence of discrimination of which it has notice.

Doane College: Vision, Purpose, Mission, and Values

Vision

Doane College aspires to be nationally recognized for distinguished academic excellence and exceptional student engagement and achievement.

Purpose

The purpose of Doane College is to educate students to serve and lead in the state, nation, and the world.

Mission

Doane College’s mission is to provide an exceptional liberal arts education in a creative, inclusive, and collaborative community where faculty and staff work closely with undergraduate and graduate students preparing them for lives rooted in intellectual inquiry, ethical values, and a commitment to engage as leaders and responsible citizens in the world.

Values

Our four core values help us continue to put the student experience first.

Community: Doane is an engaged and cohesive community comprised of individuals and smaller communities, in which everyone can contribute and participate.

Empowerment: Doane encourages its community members to take initiative-to act effectively and ethically by making principled decisions and taking responsibility for them.

Excellence: Doane sets high standards of teaching, scholarship, service and leadership.

Impact: It is the heart of the Doane experience. At Doane, one can make a positive difference on oneself, on others, on the environment, and on life.

Employment Questions or Concerns

Employees are encouraged to visit with their direct supervisor regarding questions or concerns they have with employment policies or procedures or they may contact the Director of Human Resources, Laura Sears.

Laura Sears
Human Resources Department
Laura.sears@doane.edu
402-826-6773

Code of Conduct

Authority: The Board of Trustees adopted this Code of Conduct on May 8, 2009.

Applicability: This Code of Conduct applies to (hereinafter referred to as “college community members”):

1. all Doane College employees, including faculty, staff and student-staff, when working for the college or otherwise engaged in activities that are in the course and scope of their employment;
2. students
3. individuals who perform services for the college as volunteers, including the trustees, and those who assert an association with the college; and
4. consultants, vendors, and contractors as they do business with the college when required by contract;

Introduction and Purpose

1. Introduction - As college community members, we are responsible for sustaining the highest ethical standards of this institution, and of the broader community in which we function. The college values honesty, integrity, fairness and responsible stewardship, and strives to integrate these values into all that we do. This Code of Conduct is intended to provide an overarching general statement that supplements but does not replace existing published college policies and codes. Other published college policies and codes provide more specific guidance and must be used whenever appropriate.
2. Purpose - In this spirit, this Code of Conduct (the “Code”) is a shared statement of our commitment to upholding the ethical, professional and legal standards we use as the basis for our daily and long-term decisions and actions. We will all be cognizant of and comply with the relevant policies, standards, laws, and regulations that guide our efforts. We are each individually accountable for our own actions and, as college community members, are collectively accountable for upholding these standards and for compliance with all applicable laws and policies.
3. Violations - Adherence to this Code also makes us responsible for bringing possible violations of applicable standards, policies, laws or regulations to the attention of the appropriate office. Raising such concerns is a service to the college and will not jeopardize one’s position or employment. Alleged violations will be pursued according to the established processes for faculty, staff, students, and others, respectively.

Standards of Integrity and Quality

Doane College recognizes the importance of maintaining a reputation for integrity that includes, but is not limited to, compliance with laws and regulations and its contractual obligations. Doane College strives at all times to maintain the highest standards of quality and integrity.

Frequently, Doane College’s operating activities and conduct of its college community members are not governed by specific laws or regulations. In these instances, rules of fairness, honesty, and respect for the rights of others govern our conduct at all times.

In addition, each individual is required to conduct college business transactions with the utmost honesty, accuracy and fairness. Each situation is examined in accordance with this standard. No unethical practice is tolerated on the grounds that it is “customary” outside of Doane College or that it serves other worthy goals. Expediency should never compromise integrity.

Confidentiality and Privacy

College community members receive and generate on behalf of the college various types of confidential, proprietary and private information. Each community member will comply with all federal laws, state laws, agreements with third parties, and college policies and principles pertaining to the use, protection and disclosure of such information, and such policies apply even after the community member’s relationship with the college ends.

Conflict of Interest

College community members are responsible for being familiar with and are bound by applicable Doane College conflict of interest policies. Outside professional activities, private financial interests or the receipt of benefits from third parties can sometimes cause an actual or perceived divergence between the college mission and an individual’s private interests.

Human Resources

Doane College is an institution dedicated to the pursuit of excellence and facilitation of an environment that fosters this goal. Central to that institutional commitment is the principle of treating each community member fairly and with respect. To encourage such behavior, the college prohibits discrimination and harassment and provides equal opportunities for all college community members and applicants regardless of their race, color, religion, sex, national origin, disability, age, marital status or sexual orientation, or any other basis prohibited by local, state, or federal laws. Where actions are found to have occurred that violate this standard the college will take prompt action to cease the offending conduct, prevent its recurrence and discipline those responsible.

Financial Reporting

All college accounting entries, accounts, financial reports, tax returns, expense reimbursements, time sheets and other documents, including supporting documentation, are to be accurate, clear and complete, and in accordance with applicable policies, agreements, standards and regulations.

Compliance with Laws

College community members will conduct college activities in compliance with applicable laws, regulations, and college policy and procedure. Managers and supervisors are responsible for teaching and monitoring compliance. When questions arise pertaining to interpretation or applicability of policy, the individual with a question should contact the appropriate individual or office.

1. Contractual Obligations - The acceptance of an agreement may create a legal obligation on the part of Doane College to comply with the terms and conditions of the agreement and applicable laws and regulations. Therefore, only individuals who have authority delegated by an appropriate college official are authorized to enter into agreements on behalf of the college.
2. Environmental Health & Safety, including Workplace Health and Safety - College community members are committed to protecting the health and safety of its members by providing safe workplaces. The college will provide information and training about health and safety hazards and safeguards. College community members will adhere to good health and safety practices and comply with all environmental health and safety laws and regulations.
3. Professional-Specific Standards - Some professions and disciplines represented at the college are governed by standards and codes specific to their profession. Those professional standards generally advance the quality of the profession and/or discipline by developing codes of ethics, conduct, and professional responsibility and standards by which their members are guided. Those belonging to such organizations are expected to adhere to college policies and codes of conduct in addition to any professional standards. If a community member believes there is a conflict between a professional standard and college policy, he/she will consult with the appropriate Vice President.

Use of College Resources

College resources are reserved for operating purposes on behalf of the college in the pursuit of its mission. They may not be used for personal gain, and may not be used for personal use except in a manner that is incidental, and reasonable in light of the person’s role and responsibilities. College resources include, but are not limited to, the use of college systems, such as telephone systems, data communication and networking services, and Doane College domain for electronic communication forums; and the use of college equipment, such as computers and peripherals, college vehicles and other equipment; and the use of procurement tools such as credit/purchasing cards and petty cash; and the time and effort of other staff, students and others at the college.

Reporting Possible Violations

Reporting of possible violations should be done in accordance with Doane College’s Whistleblower policy.

Whistleblower Policy

Purpose

The Doane College Code of Conduct (hereinafter referred to as the Code) requires faculty and staff, students, Trustees, and other volunteers to observe high standards of professional and personal ethics in the conduct of their duties and responsibilities. Faculty and staff and representatives of the college must practice honesty and integrity in fulfilling their responsibilities and comply with all applicable laws and regulations. In line with this commitment and the College’s commitment to open communication, this Policy aims to provide an avenue for faculty and staff, students, Trustees, and other volunteers to raise concerns and reassurance that they will be protected from reprisals or victimization for whistle blowing in good faith.

Scope:

This Policy is intended to cover:

1. The submission of serious concerns that could have a serious impact on Doane College, such as actions that:
   • may lead to incorrect financial reporting,
   • are unlawful,
   • are not in line with college policy, including the Code, or
   • otherwise amount to improper conduct.

2. The receipt, retention, and treatment of complaints received by the college regarding accounting, internal controls, or auditing matters.
3. The protection of faculty and staff, students, and Trustees reporting Concerns from retaliatory actions

Authority of Audit Sub-Committee of the Board

All reported Concerns will be forwarded to the Audit Sub-Committee in accordance with the procedures set forth herein. The Audit Sub-Committee shall be responsible for investigating, and making appropriate recommendations to the Board of Trustees, with respect to all reported Concerns.

No Retaliation

This Whistleblower Policy is intended to encourage and enable faculty and staff, students, Trustees, and other volunteers to raise Concerns within the college for investigation and appropriate action. With this goal in mind, no faculty and staff, students, Trustees, and other volunteers who, in good faith, reports a Concern shall be subject to retaliation or, in the case of an faculty and staff, adverse employment consequences. Moreover, faculty and staff, students, Trustees or volunteer who retaliates against someone who has reported a Concern in good faith is subject to discipline up to and including dismissal from the volunteer position or termination of employment.

Reporting Concerns

Faculty and staff

Faculty and staff should first discuss their Concern with their immediate supervisor. If, after speaking with his or her supervisor, the individual continues to have reasonable grounds to believe the Concern is valid, the individual should report the Concern to the Director of Human Resources. In addition, if the individual is uncomfortable speaking with his or her supervisor, or the supervisor is a subject of the Concern, the individual should report his or her Concern directly to the Director of Human Resources.

Students

Students should first discuss their Concern with the Vice President for Student Leadership. If, after speaking with the Vice President for Student Leadership, the individual continues to have reasonable grounds to believe the Concern is valid, the individual should report the Concern to the Director of Human Resources. In addition, if the individual is uncomfortable speaking with the Vice President for Student Leadership or the Vice President for Student Leadership is a subject of the Concern, the individual should report his or her Concern directly to the Director of Human Resources.

Trustees and Other Volunteers

Trustees and other volunteers should submit Concerns in writing directly to the Chair of the Audit Sub-Committee. Contact information for the Chair of the Audit Sub-Committee may be obtained from the Director of Human Resources or the Administrative Assistant to the President.

Handling of Reported Violations

The reporting individual shall document the Concern in writing upon request. The Director of Human Resources is required to promptly report the Concern to the Chair of the Audit Sub-Committee, who has specific and exclusive responsibility to investigate all Concerns (the Chair of the Audit Sub-Committee may delegate this responsibility as appropriate).

If the Director of Human Resources, for any reason, does not promptly (within 5 business days) forward the Concern to the Audit Sub-Committee and notify the reporting individual that he/she has done so, the reporting individual should directly report the Concern to the Chair of the Audit Sub-Committee. Contact information for the Chair of the Audit Sub-Committee may be obtained through the Administrative Assistant to the President.

The Audit Sub-Committee shall address all reported Concerns. The Chair of the Audit Sub-Committee shall immediately notify the Audit Sub-Committee, the President, and the Board Chair of any such report. The Chair of the Audit Sub-Committee will notify the sender and acknowledge receipt of the Concern within five business days, if possible.

All reports will be promptly investigated by the Audit Sub-Committee (who may delegate certain individuals at the college to assist in the investigation), and appropriate corrective action will be recommended to the President and/or the Appropriate Vice Presidents, who will promptly respond to such corrective actions.

The Board of Trustees will only be notified of violations and corrective actions taken. However, if warranted by the investigation and a Concern is determined to need a higher degree of involvement by the Board of Trustees (such as a violation involving the President or Vice Presidents), the Board Chair and the Audit Sub-Committee could involve the Board of Trustees. All actions taken must include a conclusion and/or follow-up with the reporting individual for complete closure of the Concern.

The Audit Sub-Committee has the authority to retain outside legal counsel, accountants, private investigators, or any other resources deemed necessary to conduct a full and complete investigation of the allegations.

Acting in Good Faith

Anyone reporting a Concern must act in good faith and have reasonable grounds for believing the information disclosed indicates an improper accounting or auditing practice, or a violation of the Codes. The act of making allegations that prove to be unsubstantiated, and that prove to have been made maliciously, recklessly, or with the foreknowledge that the allegations are false, will be viewed as a serious disciplinary offense and may result in discipline, up to and including dismissal from the volunteer position or termination of employment. Such conduct may also give rise to other actions, including civil lawsuits.

Confidentiality

Reports of Concerns, and investigations pertaining thereto, shall be kept confidential to the extent possible, consistent with the need to conduct an adequate investigation.

Confidentiality

During our normal course of work, employees encounter confidential information regarding our students, parents, alumnus, and other customers or guests of the college. Confidential information is only to be shared with those who have a business need to know. Our customers rely on the college to protect their privacy. Employees who violate this policy are subject to disciplinary action. The Family Educational Right to Privacy Act mandates confidentiality of information concerning students.

Family Educational Right to Privacy Act (FERPA)

As employees of Doane College we all share the responsibility for ensuring the security and privacy of the students’ records and data. While your supervisor can assist you in understanding the FERPA policy and how you must operate within it, you should become familiar with its provisions.

What is FERPA?

• Federal law designed to protect the privacy of education records (definition below). It also provides guidelines for appropriately using and releasing student education records.
• It is intended that students’ rights be broadly defined and applied. Therefore, consider the student as the “owner” of his or her education record, and the institution as the “custodian” of that record.

What is an Educational Record?

Any record maintained by the institution that is related to the students (in whatever format or medium) is an Educational Record. There are a few defined exceptions:

• Records in the “sole possession of the maker” (e.g., private advising notes).
• Law enforcement records created by a law enforcement agency for that purpose.
• Employment records (unless the employment is based on student status). The employment records of student employees (e.g., work-study, wages, and graduate teaching associates) are part of their education records.
• Medical/psychological treatment records (e.g., from a health or counseling center).
• Alumni records (i.e., those created after the student was enrolled).

What are the Students Basic Rights according to FERPA?

• They must be notified of their FERPA rights at least annually.
• They can inspect and review their records.
• They can amend an incorrect record.
• They must give consent to disclose records (exceptions listed below).
• They have a right to file a complaint to the U.S. Department of Education.

When Is Student Consent Not Required?

The institution may release records without consent, Examples include:

• School officials who have a “legitimate educational interest” or “need to know” in order to perform their job duties;
• Disclosure to another institution where student seeks to enroll or is enrolled;
• Disclosure to Department of Education, state/local education authorities;
• Disclosure in connection with the receipt of financial aid (validating eligibility);
• Disclosure to state/local officials in conjunction with legislative requirements;
• Disclosure to organizations conducting studies to improve instruction, or to accrediting organizations;
• Disclosure to parents of dependent students (IRS definition);
• To comply with a judicial order or lawfully issued subpoena;
• Disclosure for a health/safety emergency;
• Disclosure of directory information (see definition below);
• Disciplinary information (Warner Amendment):
  • Disclosure to the alleged victim, information from disciplinary proceedings;
  • Only when found in violation, and only for crimes of violence-release of name, sanction and outcome (public information);
• Disclosure to parents of any student under the age of 21, a violation of federal, state local or institutional laws/regulations related to substance abuse (Foley Amendment).

What is considered Directory Information?

Directory information is data that is publicly releasable, so long as the student does not have a “No Release” on his or her record. Examples include: name, address (local, home and e-mail), telephone (local and home), academic program of study, dates of attendance, date of birth, and degrees and awards received.

• Directory information does not include: race, gender, SSN, grades, GPA, country of citizenship, or religion.
• Every student must be given the opportunity to have directory information suppressed from public release. That is referred to as a “No Release.” Everyone within the institution must respect a student’s No Release on his or her record.

When do FERPA rights begin?

FERPA begins for college students when he or she becomes 18 or enrolls in a higher education institution at any age.

If I have FERPA questions, who do I talk to?

For information about FERPA and the role it plays in your job position, please talk with your supervisor. Additional information, a tutorial, Doane’s policy, and forms, can also be found on the Doane web site at http://www.doane.edu/about-doane/offices/registrar/faq.

Questions and concerns can be sent the Registrar, Denise Ellis, at denise.ellis@doane.edu or 402-826-8251.

Identity Theft Prevention Policy

Purpose

Doane College adopts this policy to help protect students, employees and the college from identity theft. This policy is intended to comply with federal regulations concerning business arrangements which involve the creation and maintenance of consumer accounts and the use of consumer reports from consumer reporting agencies.

This policy will enable the college to (1) protect students and employees by reducing risk from identity fraud, and (2) minimize potential damage to the college from fraudulent new accounts. The program will help the college:

1. Identify patterns, practices, or specific activities that signify potentially fraudulent activity (“red flags”) within new or existing covered accounts;
2. Detect red flags when they occur in covered accounts;
3. Respond to red flags to determine if fraudulent activity has occurred and act if fraud has been attempted or committed; and
4. Update the program periodically, including reviewing the accounts that are covered and the identified red flags that are part of the program.

Scope

This policy and protection program applies to students, employees, contractors, consultants, temporary workers, and other workers at the college, including all personnel affiliated with third parties.

Identity Theft Prevention Program

a: Covered accounts

A covered account includes any account that involves or is designed to permit multiple payments or transactions. This program includes every new and existing account that is offered or maintained for personal, family or household purposes. For purposes of this policy, persons who have covered accounts are referred to as “customers.”

b: Red flags

The following red flags are potential indicators of fraud. When a red flag is apparent, it should be investigated for verification.

b.1: Alerts, Notifications or Other Warnings.

1. Alerts, notifications or warnings from a consumer reporting agency;
2. A fraud or active duty alert included with a consumer report;
3. A notice of credit freeze from a consumer reporting agency in response to a request for a consumer report; or
4. A notice of address discrepancy from a consumer reporting agency as defined in § 334.82(b) of the Fairness and Accuracy in Credit Transactions Act.

b.2: Suspicious documents

1. Documents provided for identification that appear to have been altered or forged.
2. Identification in the photograph or physical description which is not consistent with the appearance of the applicant or customer presenting the identification.
3. Other information on the identification which is not consistent with information provided by the person opening a new covered account or customer presenting the identification.
4. Other information on the identification which is not consistent with readily accessible information that is on file with the college, such as a signature card or a recent check.
5. An application which appears to have been altered or forged, or gives the appearance of having been destroyed and reassembled.

b.3: Suspicious personal identifying information

1. Personal identifying information provided is inconsistent when compared against external information sources used by the college. For example:
   • The address does not match any address in the consumer report;
   • The Social Security number (SSN) has not been issued or is listed on the Social Security Administration’s Death Master File; or
   • Personal identifying information provided by the customer is not consistent with other personal identifying information provided by the customer. For example, there is a lack of correlation between the SSN range and date of birth.

2. Personal identifying information provided is associated with known fraudulent activity as indicated by internal or third-party sources used by the college. For example, the address on an application is the same as the address provided on a fraudulent application.
3. Personal identifying information provided is of a type commonly associated with fraudulent activity as indicated by internal or third-party sources used by the college. For example:
   • The address on an application is fictitious, a mail drop, or a prison; or
   • The phone number is invalid or is associated with a pager or answering service.

4. The SSN provided is the same as that submitted by other persons opening an account or other students.
5. The customer or the person opening the covered account fails to provide all required personal identifying information on an application or in response to notification that the application is incomplete.
6. Personal identifying information provided is not consistent with personal identifying information that is on file with the college.
7. When using security questions (mother’s maiden name, pet’s name, etc.), the person opening the covered account or the customer cannot provide authenticating information beyond that which generally would be available from a wallet or consumer report.

b.4: Unusual use of, or suspicious activity related to, a covered account

1. Shortly following the notice of a change of address for a covered account, the college receives a request for new, additional, or replacement goods or services, or for the addition of authorized users on the account.
2. A covered account is used in a manner that is not consistent with established patterns of activity on the account. There is, for example:
   • Nonpayment when there is no history of late or missed payments;
   • A material change in purchasing or usage patterns.

3. A covered account that has been inactive for a reasonably lengthy period of time is used (taking into consideration the type of account, the expected pattern of usage and other relevant factors).
4. Mail sent to the customer is returned repeatedly as undeliverable although transactions continue to be conducted in connection with the customer’s covered account.
5. The college is notified that the customer is not receiving paper account statements.
6. The college is notified of unauthorized charges or transactions in connection with a student’s covered account.
7. The college receives notice from students, victims of identity theft, law enforcement authorities, or other persons regarding possible identity theft in connection with covered accounts held by the college
8. The college is notified by a customer, a victim of identity theft, a law enforcement authority, or any other person that it has opened a fraudulent account for a person engaged in identity theft.

c: Detection of Red Flags

The Program’s general Red Fag detection practices are described in this document. Each department will develop and implement specific methods and protocols appropriate to meet the requirements of this Program.

c.1: New Accounts

In order to detect any of the Red Flags identified above associated with the opening of a new account, College personnel will take appropriate steps to obtain and verify the identity of the person opening the account. Such steps may include the following:

1. Require certain identifying information such as name, date of birth, residential or business address, driver’s license or other identification;
2. Verify the customer’s identity (for instance, review a driver’s license or other identification card);
3. Independently contact the customer.

c.2: Existing Accounts

In order to detect any of the Red Flags identified above for an existing account, College personnel will take appropriate steps to monitor transactions with an account. Such steps may include the following:

1. Verify the identification of customers if they request information (in person, via telephone, via facsimile, via email);
2. Verify the validity of requests to change billing addresses; and
3. Verify changes in banking information given for billing and payment purposes.

Responding to Red Flags

a: Once potentially fraudulent activity is detected, the college will act promptly to protect students and the college from damages and loss.

a.1: The college will gather all related documentation and write a description of the situation, then present this information to the Vice President for Finance and Administration, or his/her designee for determination.

a.2: The Vice President for Finance and Administration, or his/her designee will complete additional authentication to determine whether the attempted transaction was fraudulent or authentic.

b: If a transaction is determined to be fraudulent, appropriate actions must be taken immediately. Actions may include:

1. Canceling the transaction or the account;
2. Notifying and cooperating with appropriate law enforcement;
3. Determining the extent of liability of the college; and
4. Notifying the actual student that fraud has been discovered.

Periodic Updates to Plan

1. At periodic intervals established in the program, or as required, the program will be re-evaluated to determine whether all aspects of the program are up-to-date and applicable in the current college environment.
2. Periodic reviews will include an assessment of which accounts are covered by the program.
3. As part of the review, red flags may be revised, replaced or eliminated. Defining new red flags may also be appropriate.

Program Administration

a: Involvement of the administration

1. The Identity Theft Prevention Program is the responsibility of the Board of Trustees. Approval of the initial plan will be appropriately documented and maintained.
2. Operational responsibility of the program is delegated to the Vice President for Finance and Administration, who may also delegate to appropriate personnel.

b: Staff training

1. Staff training will be conducted for all employees, officials and contractors for whom it is reasonably foreseeable that they may come into contact with accounts or personally identifiable information that may involve a risk to the college or its customers.
2. These employees will receive annual training in all elements of this policy; they may continue to receive additional training as changes to the program are made.

c: Oversight of service provider arrangements

1. The college will ensure that the activities of all service providers are conducted in accordance with reasonable policies and procedures designed to detect, prevent, and mitigate the risk of identity theft. Each employee working with service providers is responsible for informing those providers of the requirements of this policy.
2. A service provider that maintains its own identity theft prevention program, consistent with the guidance of the red flag rules and validated by appropriate due diligence, may be considered to be meeting these requirements.
3. Any specific requirements should be specifically addressed in the appropriate contract arrangements.

Anti-Harassment Policy

A fundamental policy of the College is that employees and students at the College should be able to work and study at the College in an environment free of discrimination and any form of harassment based on race, color, religion, sex, national origin, disability, age, marital status, genetic information, sexual orientation or any other protected class recognized by state or federal law.  Sexual harassment and/or sexual violence are prohibited forms of sex discrimination.  To further this fundamental policy, the College prohibits the harassment of any person, student or employee and the prohibition extends to harassment based on race, color, religion, sex, national origin, genetic information, disability, age, marital status, or sexual orientation.  Harassment is counterproductive to the College’s goals and will not be tolerated.  Such behavior is unacceptable because it is a form of unprofessional behavior threatening to the academic freedom and personal integrity of others.  Failure to follow this policy will result in disciplinary action up to and including termination.

The type of harassment that is prohibited may take many forms and includes, without limitation, verbal harassment (derogatory comments and/or slurs), physical harassment (assault or physical interference), visual harassment (posters, cartoons, drawings), use of the Internet or e-mail to harass or embarrass, and innuendo or false rumors. Further, harassment includes conduct that has the purpose or effect of unreasonably interfering with an individual’s work or academic performance or creating an intimidating, hostile, or offensive work or academic environment.  Harassment is prohibited both on campus and off campus during normal work or school hours and outside the normal work or school hours.  Off campus conduct constituting harassment is subject to disciplinary consequences up to and including expulsion from school and/or termination of employment when said off campus conduct is determined by the College to affect the normal working or student/faculty/staff relationships and/ or has negative effects on or interferes with Doane College’s educational programs, educational purpose, students, faculty or school sponsored activities and/or is so severe, pervasive or objectively offensive that it interferes with any student’s academic performance or student ability to fully participate in Doane College’s educational programs or activities

Harassment can take a number of forms, but of particular concern is sexual harassment, which is a violation of state and federal law.  It includes unwelcome sexual advances, requests for sexual favors, sexually motivated physical conduct, sexual assault, sexual violence, domestic violence, stalking, and other verbal or physical conduct, or visual forms of harassment of a sexual nature.

Harassment includes, but is not limited to, the following forms:

• Unwelcome or unwanted advances, including sexual advances. This means patting, pinching, brushing up against, hugging, cornering, kissing, fondling, or any other similar physical contact.
• Unwelcome requests or demands for favors, including sexual favors.  This includes subtle or blatant expectations, pressures or request for any type of favor, including a sexual favor, whether or not it is accompanied by an implied or stated promise of preferential treatment or negative consequences concerning academic or employment status. 
• Verbal abuse or kidding that is oriented toward a prohibited form of harassment, including that which is sex-oriented and considered unwelcome.  This includes offensive comments which harass an individual based upon his or her sex, race, age, national origin, disability, or marital status; telling “dirty jokes” that are inappropriate and considered offensive, or any tasteless, sexually oriented comments, innuendoes, or actions that offend.
• Creating a work or academic environment that is intimidating, hostile, abusive, or offensive because of unwelcome or unwanted conversations, suggestions, requests, demands, physical contacts, or attentions, whether sexually oriented or otherwise related to a prohibited form of harassment.

The College’s concern is to provide a working and academic environment that is comfortable, conducive to the academic enterprise, and free from this type of behavior.  This policy is written to be sure that everyone understands our intent to provide an academic and working environment free of harassment.

Obviously, the College cannot prevent violations of this policy unless such behavior is observed or the College is told of the violations.  The procedures regarding complaints of harassment are described below.

All persons are assured that they will not suffer negative consequences as a result of bringing their concerns to the College’s attention. Failure of any person involved in the investigation of a harassment complaint to keep the complaint confidential shall be a separate violation of this policy.  A separate violation shall also occur if any retaliatory action is taken against or directed at any person who has made a harassment complaint or participated in an investigation of such conduct.  Violations will result in disciplinary action.  The College reserves the right to provide information regarding any harassment complaint or retaliatory conduct to the necessary legal authorities if the College, in its sole discretion, believes illegal conduct has occurred.  

Procedures Regarding Complaints of Harassment

1. Any member of the College community who believes that he or she has been the victim of harassment as defined above may bring the matter to the attention of the individuals designated to handle complaints of harassment. If the potential offender is a staff member, reports should be made to the Vice President for Finance.  If the potential offender is a faculty member, reports should be made to the Vice President for Academic Affairs.  If the potential offender is a student, reports should be made to the Vice President for Student Leadership.  If the potential offender is an outside party, such as a vendor or contractor of the College, reports should be made to the Vice President for Finance and the procedures for handling complaints against staff members shall apply.  Any person shall also have the option of reporting the concern to the College Nurse in the Health and Wellness Office or to the Director of Human Resources who will inform the appropriate individual of the concern. If the person designated to receive the report is part of the problem, a report can be made to any other person designated to handle complaints of harassment.
2. All harassment complaints will be reported to the designated Title IX official.
3. The complainant should present the complaint as promptly as possible after the alleged harassment occurs. 
4. The person receiving the complaint can and should provide to the complainant a written memorandum advising the complainant that in order for the College to best investigate the complaint, a written complaint should be submitted under these procedures.  
5. After the initial meeting with the person designated to receive the complaint, the complainant should submit or verify a written statement to the person designated to receive the complaint describing with particularity the alleged harassment.  The written statement should identify any persons with knowledge of any facts relevant to the harassment complaint.
6. Except as reasonably necessary to investigate the written complaint and to give the person accused of harassment an opportunity to respond, all written complaints of harassment shall be kept confidential.
7. The written complaint shall be promptly forwarded to the person accused of harassment and the person accused of harassment shall submit a written response to the allegations within seven days.  The response should identify any persons with knowledge of any facts relevant to the harassment complaint.
8. Upon receipt of the response, the person designated to receive the complaint or an impartial investigator appointed by the person receiving the complaint shall promptly investigate the complaint.  Normally, the investigation period should not exceed 21 days.  During the investigation, the person receiving the complaint may take whatever steps he or she deems appropriate to affect an informal resolution of the complaint acceptable to the College, the person making the complaint and the person accused of harassment.
9. In determining whether there is sufficient evidence to support a complaint of harassment, the investigator shall use a preponderance of evidence standard (i.e., that it is more likely than not that harassment occurred).This same standard shall be applied in any appeal from the investigator’s decision.
10. Upon completion of the investigation and if an informal resolution has not been reached, the person receiving the complaint shall promptly provide a written statement  regarding the outcome of the investigation to both the person making the complaint and the person accused of harassment. 
11. Either the person making the complaint or the person charged with harassment may appeal the findings or the decision to impose or not to impose disciplinary action by filing a written appeal within two business days of receipt of the findings. 
12. All appeals shall be communicated to the office of the College President, and the President or his or her designee shall convene a Committee to hear the appeal.  The Committee shall consist of three  members selected from the Doane community who have been trained to hear cases as a Special Hearing Board member pursuant to Doane’s Sexual Assault and Rape Policy §5.02 in the Crete Student Handbook.  The three Committee members shall reflect the appropriate faculty and student populations as appropriate under the circumstances as determined by the President or his or her designee.  The written appeal must state the specific basis for the appeal, including whether the appealing party is challenging (1) whether a violation occurred; (2) whether the sanction is appropriate; or (3) that new evidence not previously considered is now available.  The Committee may call witnesses and receive as evidence the information it deems necessary to assist it in reaching a determination of the merits of the allegation. Once such a determination has been reached, the Committee shall simultaneously communicate its findings in writing to the person making the complaint and the person accused of harassment.  A finding that harassment has occurred requires a majority vote of Committee members.   If the Committee finds harassment and further finds that reasonable cause exists for seeking sanctions, the Committee shall forward its recommendations for sanctions directly to the College President or his or her designee in the matter. A recommendation for sanctions requires the majority vote of Committee members.  The College President or his or her designee, although not bound by the recommendations, shall promptly act in response to the recommendations of the Committee.  If the person accused of harassment holds a tenured faculty position and the potential discipline includes dismissal, the College President or his or her designee, in reviewing the matter, shall comply with the procedures for dismissal proceedings for faculty on continuous tenure as set forth in the Faculty Handbook.

The Committee may have legal counsel present to provide technical and legal advice to the Committee and shall observe the following guidelines in conducting its proceedings:

1. An opening statement by the chair regarding the nature of the case, the identity of the parties, and the nature of the allegations.
2. Sequence of presentation of evidence:

• Complainant presents evidence;
• Person accused of harassment  presents evidence;
• Complainant presents rebuttal evidence;
• Chair or investigator presents additional evidence from initial investigation of the matter;
• Closing statements from complainant, person accused of harassment, and Chair or investigator.

Both the complainant and accused have the right to have present an advisor of their choice from the Doane community but they shall not be represented by legal counsel in the proceedings.

All written records of harassment complaints made pursuant to this policy shall be kept in a separate confidential file and not in the faculty evaluation files, personnel files or permanent student records.

Fraternization and Inappropriate Relations

The relationship of a Doane College employee and student or subordinate should be professional in nature.  All employees have a responsibility to conduct themselves in a manner that will maintain an atmosphere that is conducive to learning, both inside and outside the classroom, and which is aligned with the Doane College mission and values.

The College considers it inappropriate for any member of the faculty or staff to establish an amorous, intimate or otherwise unprofessional relationship or a perceived amorous, intimate or otherwise unprofessional relationship with a student or subordinate employee.

It is of particular concern for:

• Faculty or staff to establish an amorous, intimate or otherwise unprofessional relationship, or perceived amorous, intimate or otherwise unprofessional relationship with a student, subordinate employee, or colleague upon whose academic or work performance he or she will be required to make professional judgments. 

• Faculty or staff who are in a position of authority and influence and whose integrity may be compromised or appear to be compromised, to establish an amorous, intimate or otherwise unprofessional relationship, or perceived amorous, intimate or otherwise unprofessional relationship with a student, subordinate, or colleague.

Faculty and Staff are expected to disclose any such relationships to their supervisor or to Human Resources, and all Faculty and Staff are expected to report suspected violations of this policy. If it is determined that a violation of this policy has occurred, the Faculty or Staff member will be subject to disciplinary action, up to and including termination.

There are exceptional circumstances in which the spouse or partner of a college employee is a student at the College.  This fraternization policy does not apply in such circumstance.  Based on the individual circumstances, the supervisor with the guidance of Human Resources will determine if the relationship violates this policy.  All reasonable efforts will be made to remove the student or employee from circumstances in which their spouse or partner is required to evaluate their work or academic performance or make professional judgments regarding their work or academic performance.

Drug-Free Workplace Policy and Drug-Free Awareness Program

 I. Purpose.

The purpose of this policy and program is to identify the College as a drug-free workplace, and to outline a continuing program of drug-free awareness for all employees.

II. Policy.

The unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance in the workplace is prohibited. Employees who violate this prohibition will be subject to immediate corrective action and criminal prosecution. Depending on the nature and circumstances of the violation, corrective action may include immediate discharge, disciplinary suspension, mandatory treatment and rehabilitation, some combination of the above or other action deemed appropriate to the circumstances. Other policies relating to corrective discipline or substance abuse may provide guidance in determining an appropriate response, but shall not limit the College’s authority to implement any corrective action deemed appropriate.

This policy shall apply to all employees, and compliance shall be a condition of employment. In addition, it is specifically noted that employees engaged in the performance of a federal contract or grant shall, as a condition of employment, agree to abide by the terms of this policy, and agree to notify the Vice President for Finance of any criminal drug statute conviction no later than five days after such conviction.

III. Program.

The College will maintain an ongoing drug-free awareness program that will aim to educate employees about the dangers of drug abuse in the workplace, the College’s drug-free workplace policy, the penalties that may be imposed for drug abuse violations, and the availability of counseling, rehabilitation, and employee-assistance services. The program will include:

• Circulation of the drug-free workplace policy to all employees at the time of its adoption, and inclusion of the policy in the employee handbook;
• Review of the drug-free workplace policy with all new employees at the time of hire and orientation;
• Listing of counseling centers to counsel and assist employees with drug or alcohol-related problems; and
• An ongoing program of communication and education on drug/alcohol awareness and related topics, which includes annual notification of the policy.
• Biennial review of the program and policy to determine program effectiveness.

Employees who violate the Drug Free Workplace Policy or an employee, who the College, based upon a reasonable suspicion, believes is under the influence of drugs or alcohol, may be subject to disciplinary action including, without limitation, dismissal. A reasonable suspicion of being under the influence shall be based upon behavioral observations including, without limitation, slurred speech, unsteady gait, staggering, alcohol on the breath, excessive absenteeism, excessive tardiness, unacceptable interrelationships with employees or students or decreased performance. As an alternative to, or in conjunction with, other disciplinary actions, The College may, at its sole discretion, offer an employee the opportunity to successfully complete a drug-abuse program sponsored by an approved private or governmental institution.

Description of Applicable Legal Sanctions Under Federal, State or Local Law for Unlawful Possession or Distribution of Illicit Drugs and Alcohol

The information on the following pages summarizes selected provisions of Federal, State, and local laws which provide criminal and civil penalties for unlawful possession or distribution of drugs and alcohol.

Federal Penalties and Sanctions for Illegal Possession of Controlled Substances:

• 21 U.S.C. § 844(a)
  1st Conviction: Up to 1 year imprisonment and fine of at least $1,000 or both. After 1 prior drug conviction: At least 15 days in prison, not to exceed 2 years and fine of at least $2,500.
  After 2 or more prior drug convictions: At least 90 days in prison, not to exceed 3 years and fine of at least $5,000.
  Special sentencing provisions for possession of crack cocaine: Mandatory minimum 5 years in prison, maximum 20 years and minimum fine of $1,000, if:
  • 1st conviction and the amount of crack possessed exceeds 5 grams.
  • 2nd crack conviction and the amount of crack possessed exceeds 3 grams.
  • 3rd or subsequent crack conviction and the amount of crack possessed exceeds 1 gram.

• 21 U.S.C. § 853(a) (2) and 881(a) (7)
  Forfeiture of personal and real property used to possess or to facilitate possession of a controlled substance if that offense is punishable by more than 1 year imprisonment. (See special sentencing provisions re: crack.)
• 21 U.S.C. § 881(a) (4)
  Forfeiture of vehicles, boats, aircraft or any other conveyance used to transport or conceal a controlled substance.
• 21 U.S.C. § 844(a)
  Civil fine of up to $10,000.
• 21 U.S.C. § 862
  Denial of Federal benefits, such as student loans, grants, contracts and professional and commercial licenses, up to 1 year for first offense, up to 5 years for second and subsequent offenses.
• 18 U.S.C. § 922(g)
  Ineligible to receive or purchase a firearm.
• Miscellaneous
  Revocation of certain Federal licenses and benefits, e.g., pilot licenses, public housing tenancy, etc., are vested within the authorities of individual Federal agencies.

Note: These are only Federal penalties and sanctions. Additional State penalties and sanctions may apply.

The United States Department of Justice, Drug Enforcement Administration, provides information on Federal trafficking penalties on the following web link: http://www.justice.gov/dea/druginfo/ftp3.shtml

State Penalties and Sanctions for Illegal Possession of Controlled Substances

The framework for the regulation of most drugs, also called controlled substances, is set out in the Uniform Controlled Substances Act. In addition, there are other Nebraska State laws which establish penalties for various drug related offenses which are summarized below. Information on the Nebraska state law penalties is available by clicking the following link: http://uniweb.legislature.ne.gov/laws/statutes.php?statute=28-416

Crimes Involving Minors:

Any person 18 years of age or older who distributes, delivers or sells controlled substances to a person under the age of 18 years shall be punished by the next higher penalty classification for a first offense or second offense involving drugs such as heroin, speed, cocaine, LSD, or pentazocine. The law also provides for an enhanced penalty for anyone 18 years of age or older to employ, use, persuade, or coerce any person under the age of 18 years to manufacture, transport, distribute, carry, deliver, dispense, or possess with intent to do the same of a controlled substance or a counterfeit controlled substance. Neb. Rev. Stat. § 28-416(4) and (5) (Supp. 1999).

Tax Provisions:

Anyone who possesses or sells the following amounts of controlled substances must pay the appropriate taxes to the Nebraska Department of Revenue and have the stamps attached to the controlled substances:

• Marijuana is taxed at $100 for each ounce or portion of an ounce.
• Any controlled substance which is sold by weight or volume (i.e., cocaine, crack, methamphetamine, etc.) is taxed at $150 for each gram or portion of a gram.
• Any controlled substance which is not sold by weight (i.e., LSD, quaaludes, methamphetamine in tablets, PCP, etc.) is taxed at $500 for each 50 dosage units or portion thereof.
• Failure to have the proper tax stamps attached to the controlled substance carries a criminal penalty of up to five years imprisonment or a $10,000 fine or both. A penalty equal to 100% of the unpaid tax will also be assessed and both the tax and the penalty may become a lien upon the property owned by the person against whom the tax is assessed. Neb. Rev. Stat. §§ 77-4301 to 77-4316 (Reissue 1996).

Property Forfeiture:

Property used to manufacture, sell or deliver controlled substances can be seized and forfeited to the state. Property subject to forfeiture may include cash, cars, boats, and airplanes. Neb. Rev. Stat. § 28-431 (Cum. Supp. 1998)

Being Under the Influence of Any Controlled Substance for Unauthorized Purpose:

It is a violation of Nebraska law to be under the influence of any controlled substance for a purpose other than the treatment of a sickness or injury as prescribed or administered by a person duly authorized by law to treat sick and injured human beings. Neb. Rev. Stat. § 28-417(1) (g) (Reissue 1995).

Drug Paraphernalia Offenses:

It is a violation of Nebraska law to use, or to possess with intent to use, drug paraphernalia to manufacture, inject, ingest, inhale or otherwise introduce into the human body a controlled substance. Neb. Rev. Stat. § 28-441(1) (Reissue 1995). “Drug paraphernalia” is defined to include such things as hypodermic syringes, needles, pipes and bongs and other items used, intended for use or designed for use with controlled substances. Neb. Rev. Stat. § 28-439 (Reissue 1995). It is unlawful to deliver or manufacture drug paraphernalia. Neb. Rev. Stat. § 28-442 (Reissue 1995). It is a violation of Nebraska law for a person 18 years of age or older to deliver drug paraphernalia to a person under the age of 18 who is at least 3 years his or her junior. Neb. Rev. Stat. § 28-443 (Reissue 1995).

A violation of Neb. Rev. Stat. § 28-441 is punishable by a fine of not more than $100 for first offense, not less than $100 and not more than $300 for second offense, and not less than $200 and not more than $500 on third or subsequent conviction. Neb. Rev. Stat. §§ 28-441 and 29-436 (Reissue 1995). The penalty for violation of Neb. Rev. Stat. § 28-442 is not more than six months imprisonment or $1,000 fine or both. Neb. Rev. Stat. § 28-442 (Reissue 1995) and § 28-106 (1) (Cum. Supp. 1998). The penalty for violation of Neb. Rev. Stat. § 28-443 is imprisonment for not more than one year, or $1,000 fine, or both. Neb. Rev. Stat. § 28-443 (Reissue 1995) and § 28-106 (1) (Cum. Supp. 1998).

Imitation Controlled Substances:

It is a violation of Nebraska law to knowingly, intentionally manufacture, distribute, deliver or possess with intent to distribute or deliver an imitation controlled substance. “Imitation controlled substance” is a substance which is not a controlled substance but which is represented to be an illicit controlled substance. Neb. Rev. Stat. § 28-445 (Reissue 1995). First offense violations of this law are punishable by three months imprisonment, or $500 fine, or both. A second offense violation of this statute is punishable by not more than six months imprisonment, or $1,000 fine, or both. Neb. Rev. Stat. § 28-445 (Reissue 1995) and § 28-106 (1) (Cum. Supp. 1998).

Controlled Substance Analogue:

For purposes of Nebraska’s Uniform Controlled Substance Act, analogue controlled substances (often called “designer drugs”) are treated as controlled substances. Such an analogue is defined as (a) substantially similar in chemical structure to the chemical structure of a controlled substance or (b) having a stimulant, depressant, analgesic or hallucinogenic effect on the central nervous system that is substantially similar to or greater than the effect of a controlled substance. Neb. Rev. Stat. § 28-401 (36) (Supp. 1999).

Selected Nebraska Alcohol Offenses

Minor In Possession:

It is against the law for a person under the age of 21 years to possess alcohol. Neb. Rev. Stat. § 53-180.02 (Reissue 1998). Violation of this law is punishable by three months imprisonment, or $500 fine, or both. Neb. Rev. Stat. § 53-180.05 (1) (Reissue 1998) and § 28-106 (1) (Cum. Supp. 1998). As part of sentencing a judge may order an offender to become part of a public work detail under the supervision of the County Sheriff for not more than 10 days in lieu of the above penalties. Neb. Rev. Stat. § 53-180.05 (1) (Reissue 1998)

Procuring Alcohol:

It is a violation of Nebraska law to sell, give away, dispose of, exchange, or deliver, or permit the sale, gift or procuring of any alcoholic liquors to or for any minor or to any person who is mentally incompetent. Neb. Rev. Stat. § 53-180 (Reissue 1998). Violation of this law is punishable by not more than 1 year imprisonment, or $1,000 fine, or both. Neb. Rev. Stat. § 53-180.05 (1) (Reissue 1998) and § 28-106 (1) (Cum. Supp. 1998).

Consumption on Public Property:

It is a violation of Nebraska law for any person to consume alcoholic liquors in the public streets, alleys, parking areas, roads or highways, or inside vehicles while upon the public streets, alleys, parking areas, roads, or highways; or upon property owned by the state or any governmental subdivision thereof, unless authorized by the governing bodies having jurisdiction over such properties. Neb. Rev. Stat. § 53-186 (Supp. 1999). A violation of this statute is punishable on the first offense by a fine of up to a maximum of $100; a second offense within two years is punishable by a fine not less than $100 and not more than $300; a third offense within two years is punishable by a fine of not less than $200 and not more than $500. Neb. Rev. Stat. § 53-136 (Reissue 1998) and § 29-436 (Reissue 1995).

Driving While Intoxicated:

Driving while under the influence of intoxicating liquors or drugs is a violation of Nebraska law. Neb. Rev. Stat. § 60-6,196 (Supp. 1999). Violation of this law is punishable on first offense by not more than 60 days, not less than 7 days imprisonment and not more than $500 fine but not less than $400 fine. Neb. Rev. Stat. § 28-106 (1) (Cum. Supp. 1998). In addition, an offender’s driver’s license is revoked for six months and the offender is ordered not to drive any motor vehicle for any purpose for a like period. Neb. Rev. Stat. § 60-6,196 (2) (a) (Supp. 1999). Suspended sentence of probation includes mandatory requirement that probation or suspension be conditioned on order that offender will not drive any motor vehicle for any purpose for sixty days. Neb. Rev. Stat. § 60-6,196 (2) (a) (Supp. 1999).

Penalties for second offense result in a mandatory thirty days imprisonment and $500 fine. Neb. Rev. Stat. § 28-106 (1) (Cum. Supp. 1998). As part of the judgment of conviction the offender is ordered not to drive any motor vehicle for any purpose for a period of one year and the offender’s operator’s license is revoked for a like period. Neb. Rev. Stat. § 60-6,196 (2) (b) (Supp. 1999). If an offender is placed on probation or the sentence is suspended, one of the mandatory conditions of probation or sentence suspension is that the offender must be ordered not to drive any motor vehicle in the state for any purpose for a period of six months, and the probation order shall include as one of its conditions confinement in the city or county jail for forty-eight hours or the imposition of not less than two hundred forty hours of community service. Neb. Rev. Stat. § 60-6,196 (2) (b) (Supp. 1999).

Third or subsequent convictions result in not more than five years imprisonment or ten thousand dollars fine, or both. Neb. Rev. Stat. § 28-105 (Cum. Supp. 1998). Offenders in this class may not drive any motor vehicle in the state for any purpose for a period of fifteen years and their operator’s license is revoked for like period. Neb. Rev. Stat. § 60-6,196 (2) (d) (Supp. 1999). Probation or suspension of sentence for this offense must be conditioned so that the offender is ordered not to drive any motor vehicle in the state for any purpose for a period of one year and probation must be conditioned on an offender’s confinement in the city or county jail for ten days or the imposition of not less than four hundred eighty hours of community service. Neb. Rev. Stat. § 60-6,196 (2) (d) (Supp. 1999).

Local laws may also make it a crime to operate a motor vehicle under the influence of alcohol or to commit certain acts involving the consumption or possession of alcohol, e.g. “open container” laws.

The following health risks are associated with alcohol abuse and illicit drug use.

Alcohol

Alcohol consumption causes a number of marked changes in behavior. Even low doses significantly impair the judgment and coordination required to drive a car safely, increasing the likelihood that the driver will be involved in an accident. Low to moderate doses of alcohol cause marked impairments in higher mental functions, severely altering a person’s ability to learn and remember information. Very high doses cause respiratory depression and death. If combined with other depressants of the central nervous system, much lower doses of alcohol will produce the effects just described.

Repeated use of alcohol can lead to dependence. Sudden cessation of alcohol intake is likely to produce withdrawal symptoms, including severe anxiety, tremors, hallucinations, and convulsions. Alcohol withdrawal can be life threatening. Long-term consumption of large quantities of alcohol, particularly when combined with poor nutrition, can also lead to permanent damage to vital organs such as the brain and liver.

Mothers who drink alcohol during pregnancy may give birth to infants with fetal alcohol syndrome. These infants have irreversible physical abnormalities and mental retardation. In addition, research indicates that children of alcoholic parents are at greater risk than other youngsters of becoming alcoholics.

Other Drugs

Narcotics such as opium, morphine, and heroin can cause euphoria, drowsiness, respiratory depression, constricted pupils, and nausea. The symptoms of an overdose of narcotics are slow and shallow breathing, clammy skin, convulsions, coma, and possible death. Persons experiencing withdrawal from addiction to narcotics can experience watery eyes, runny nose, yawning, loss of appetite, irritability, tremors, panic, cramps, nausea, chills, and sweating.

Depressants such as barbiturates and Quaaludes can cause slurred speech, disorientation, and drunken behavior. An overdose of a depressant results in shallow respiration, clammy skin, dilated pupils, weak and rapid pulse, coma, and possible death. Withdrawal symptoms include anxiety, insomnia, tremors, delirium, convulsions, and possible death.

Stimulants such as cocaine and crack can cause increased alertness of euphoria, and increased pulse rate and blood pressure, insomnia, and loss of appetite. An overdose of stimulants results in agitation, and increase in body temperature, hallucinations, convulsions, and possible death. Withdrawal symptoms include apathy, long periods of sleep, irritability, depression, and/or disorientation.

Hallucinogens such as LSD and amphetamines cause illusions and hallucinations and poor perception of time and distance. The effects of an overdose include psychosis and possible death.

Marijuana and hashish can cause euphoria, increased appetite, relaxed inhibitions, and disoriented behavior. The effects of an overdose include fatigue, paranoia, and possible psychosis. Withdrawal symptoms include insomnia, hyperactivity, and decreased appetite.

Prescription Drugs

These drugs are not illicit if they are used in accordance with a physician’s prescription. However, sharing prescription medication with someone else is illegal and could be very harmful. Using prescription drugs in any manner other than the prescribed method can also be harmful.

The following agencies are available resources for staff, students and faculty:

Drug/Alcohol; Drug Crisis Line: 402-475-5683
Houses of Hope: 402-435-3165
Lincoln Valley of Hope: 402-464-0033
Blue Valley Mental Health Center: 402-826-2000
Continuum EAP: 402-476-0186

Smoking Policy

Scope

In order to provide a safe and healthy work/study environment for all employees and students and to comply with the Nebraska Clean Indoor Air Act, the College prohibits smoking in campus buildings.

Practice

Smoking is not allowed inside any campus buildings or college vehicles. Smoking will be permitted outdoors in designated smoking areas at least 20 feet away from building entrances. All employees share responsibility for adhering to and enforcing this policy, and have responsibility for bringing it to the attention of visitors.

Employee Assistance

Research consistently indicates that smoking tobacco products is hazardous to your health, as well as the health of those around you. Doane College encourages employees to quit smoking and offers resources available to assist employees through the College’s employee assistance program, Continuum EAP.

Anti-Violence Policy

Doane College is committed to maintaining a safe and healthy environment for all students, faculty and staff, and will not tolerate any form of violence committed by or against any member of the Doane College community.  All reports of violence will be taken seriously.

Violence and abusive behavior include any attempted, threatened or actual conduct that endangers or is likely to endanger the health or safety of a campus community member or visitor. Violence and abusive behavior is prohibited both on campus and off campus during normal work or school hours and outside the normal work or school hours.  Off campus conduct constituting a violation of this policy is subject to disciplinary consequences up to and including expulsion from school and/or termination of employment when said off campus conduct is determined by the College to affect the normal working or student/faculty/staff relationships and/ or has negative effects on Doane College’s educational programs, students, faculty or school sponsored activities and/or is so severe, pervasive or objectively offensive that it interferes with student academic performance or student ability to fully participate in Doane College’s educational programs or activities

Sexual harassment, sexual violence, and sexual assault and other forms of illegal harassment are dealt with under the Anti-harassment policy and the Sexual Assault and Rape Policy, §5.02 in the Crete Student Handbook.

Employees who engage in activity or threats of violence will be subject to the appropriate discipline up to and including termination.

Examples of workplace violence include, but are not limited to the following:

• Causing or attempting to cause physical injury to another person
• Committing or attempting to commit acts of sexual assault or sexual violence towards another person
• Domestic violence, stalking and dating violence (See definitions in the Violence and Unacceptable Behavior Policy, §5.01 in the Crete Student Handbook)
• Making threatening remarks
• Aggressive or hostile behavior that creates a reasonable fear of injury to another person or subjects another individual to emotional distress
• Brandishing a weapon or an object, which appears to be a weapon in a threatening manner
• Intentionally damaging college property or the property of a member of the college community or a visitor
• Hate/bias incidents based on the victim’s membership in a legally protected class, which shall include but not be limited to sexual orientation and gender identity (See Hate/Bias Incident Policy §5.01 in the Crete Student Handbook)

Procedures: 

Any individual who experiences or witnesses violence, threats of violence or who has reason to suspect that these acts or behaviors are occurring should immediately notify a supervisor, Campus Safety Officer, the Vice President for Finance and Administration or the Director of Human Resources.

Supervisor Responsibilities: 

Any Supervisor who receives reports of workplace violence or threats of violence should immediately report the behavior to the Director of Human Resources or to the Vice President for Finance and Administration.

Once a report is received an investigation will take place. Confidentiality will be maintained to the extent possible.  All parties involved in a situation will be counseled and the results of investigations will be discussed with them.

Retaliation or harassment against a person making a report in good faith will not be tolerated and may result in disciplinary action.

No Weapons Policy

The college is committed to providing a safe workplace for its students, faculty and staff. All employees are prohibited from carrying handguns, other guns, knives or other such devices on campus or on other college property. Questions regarding this policy should be directed to the Human Resources department. An employee who violates this policy is subject to disciplinary action, up to and including termination of employment. Further, the college will contact the appropriate law enforcement agency if it learns that an employee has violated or is violating this policy. Anyone aware of a potential violation of this policy should contact the Human Resources department.

Use of Equipment and Vehicles

When using College property, employees are expected to exercise care, comply with maintenance requirements, and follow all operating instructions, safety standards, and use guidelines.

You must notify your supervisor immediately if any equipment, machines, tools or vehicles appear to be damaged, defective, or in need of repair or maintenance. Your supervisor can answer any questions about an employee’s responsibility for maintenance and care of equipment or vehicles used on the job.

The improper, careless, negligent, destructive, or unsafe use or operation of equipment or vehicles, as well as excessive or avoidable traffic or parking violations, can result in disciplinary action, including termination of employment.

A College employee may not take a College owned vehicle from work to home or keep a College owned vehicle at home overnight, unless authorized by the employee’s supervisor. An employee authorized to drive a College vehicle from work to home shall take the shortest route. If an employee is authorized to drive a College vehicle from home to work or keep the vehicle at home overnight, they shall be required to record personal miles on a monthly summary sheet.

In general, non-employee and non-student passengers are not allowed to ride in college-owned vehicles due to the additional liability. Exceptions to this arise when transportation is necessary for individuals who are dealing directly with or are involved in college business; examples include those who volunteer at the College.

Personal use of College vehicles is taxable income to the employee. An employee may not use College vehicles or equipment for personal use unless prior authorization has been obtained from the employee’s supervisor.

An employee may use a College vehicle in the performance of duties as a member of a fire department or rescue squad only as authorized by the employee’s supervisor. Other unusual situations will be handled on a case by case basis.

Employees must become certified drivers to operate college vehicles. More information regarding the process for certification is available under the “Use of College Fleet Vehicle Policy,” located at: www.doane.edu/about-doane/offices/business-office/vehicle

Drivers who use personal vehicles to conduct College business or for any other College purpose should be aware that their own personal automobile insurance provides the primary coverage for both liability and physical damage.

Keys and Keyless Access

Doane College is committed to maintaining a safe and secure environment for all students, faculty and staff; this includes managing building and room access on campus. The Safety Office manages the keys/keyless access for all locations. Some locations may have a designated official on campus who works in conjunction with the Safety Office. To find out whom your designated official is, please contact the Safety Office.

Requesting Keys/Keyless Access:

When determining the needs for keys and keyless access for faculty and staff, the person making the request should consider the responsibilities of the position of the individual. Requests for keys/keyless access should be made to the *Safety Office by the appropriate faculty or staff members’ supervisor in advance, as designated below:

1. Faculty - requests for keys/keyless access will be made by the Academic Affairs Office, Division Chairs or Department Chairs
2. Staff - requests for keys/keyless access will be made by the department manager/supervisor

All requests for sub-master and general master keys must be approved by the Associate Dean of Student Leadership, Director of Facilities Operations or the Assistant Director of Facilities Operations. Due to administrative procedures, making these requests with as much notice possible is recommended.

Issuing Keys/Keyless Access:

Human Resources will notify the Safety Office when new employees join the College. Keys and keyless access will be granted by the Safety Office once they receive notification from Human Resources and the requests from the appropriate faculty or staff member. Faculty and staff will check out their keys and receive their ID badge at the Safety Office. At that time they will be asked to sign a form indicating that they understand they are responsible for the items they checked out.

Provisions:

• Duplication of keys is prohibited.
• Lending keys or ID badges to another person is prohibited.
• Return any bent or non-working keys to the Safety Office for replacement.
• Loss of keys or an ID badge must be reported to the Safety Office and your supervisor as soon as the loss is discovered.
• The employee may be charged an appropriate fee for the replacement of any lost key(s) up to the maximum dollar limit of $500. These fees will be deducted from the employee’s next paycheck following the loss of the keys. See fee schedule below:
  Fees for Lost Keys:
  Standard key: $50
  Sub Master Key: $250
  General Master Key: $500
• Upon leaving employment with the College or transferring departments, all keys must be returned to the Safety Office. Failure to return issued keys will result in charging the appropriate fees as described above and will be deducted from the employee’s final pay check if possible.
• Failure to comply with these provisions may lead to disciplinary action.

Information Technology Acceptable Use Policy

Information technology and resources include, but are not limited to: computers, software, databases, files, computer accounts, networks, Internet access, and electronic communication. The following are guidelines for acceptable use of information technology at Doane College.

The use of information technology and resources is a privilege extended to Doane College students, faculty, and staff. That use is restricted to academic, educational, research, and/or administrative purposes. Students, faculty and staff should not use these information technology resources to engage in behavior that would violate college policies. These resources may not be used for commercial or business income purposes unless specific, written authorization for such use is given by the college. Any reselling of Doane’s network services is prohibited.

All use of information technology and resources must comply with federal, state and local laws, licensing and purchasing agreements, and Doane policies. Users of outside facilities such as libraries, Internet, or other electronic communication facilities must also comply with the acceptable practices and restrictions established by those facilities.

Individuals may not use institutional resources without proper authorization from the assigned user of the resource. Individuals may not use another user’s computer account or user I.D. or change another user’s password without prior permission from the assigned user. Users are responsible for their use of computer hardware, software, accounts, user I.D.s and passwords. Users are responsible for all resources assigned to them even if another person uses them.

Users must not access, copy, view or change private files without authorization. They may not change, create, or delete public files or directories without proper authorization. Users do not have the right to create or receive unauthorized copies of software. Users must not attempt to modify software, data, or systems in an unauthorized manner.

Information technology and resources must not be used to make unauthorized entry into other communications, computational, or informational devices or resources. Accessing restricted databases requires authorization.

Abuse/Misuse of Resources

Users must not misuse or abuse any information resources. Information technology and resources must not be used to disrupt or interfere with other users, services, or equipment. This includes, but is not limited to:

• Threatening or harassing others. This includes electronically transmitting or reproducing materials that are slanderous or defamatory in nature or that otherwise violate existing laws or Doane College regulations.
• Propagating viruses or worms.
• Posting or mailing of obscene materials.
• Displaying obscene, lewd, or sexually harassing images or text on a computer owned by Doane College or in a location that may be easily viewed by others.
• Distributing unsolicited advertising, initiating or propagating electronic chain letters, inappropriate mass mailing, including multiple mailings to newsgroups, mailing lists, or individuals, e.g. “spamming” flooding,” or “bombing,” or random mailing of messages.
• Originating e-mail in such a manner as to create the impression to the recipient that the mail was originated from another source or individual. All materials sent via the campus network must be attributed to the individual, office or organization sending the material.
• Using the campus network to gain unauthorized access to any computer systems (including other student-owned computers).
• Connecting unauthorized equipment to the campus network (this includes personal hubs, switches, routers, wireless access points, servers, and any other devices that may have a negative effect on network performance).
• Attempting to circumvent data protection schemes or uncover security loopholes. This includes creating and/or running programs that are designed to identify security loopholes and/or decrypt intentionally secure data.
• Associating an unapproved domain name with a Doane College-owned IP address.
• Knowingly or carelessly performing an act that will interfere with the normal operation of computers, terminals, peripherals, or networks (this includes downloading excessive amounts or transferring excessive amounts across the network).
• Deliberately wasting/overloading computing resources, such as printing too many copies of a document or using excessive bandwidth on the network. Individuals who use excessive amounts of bandwidth will be notified and given an opportunity to adjust their usage. If the individual does not voluntarily comply, access for that individual will be electronically restricted.
• Using Doane College resources for commercial activity such as creating products or services for sale.
• Forging or disguising the identity of a user or machine in an electronic communication.
• Attempting to monitor or tamper with other user’s electronic accounts; communications; or reading, copying, changing, or deleting another user’s files or software without the explicit agreement of the owner.
• Violating copyright laws and their fair use provisions through inappropriate reproduction, downloading, and/or distribution of music (including MP3 files), movies, computer software, copyrighted text, images, etc. Note: all Doane network users are expected to comply with the copyright laws of the United States, regardless of the location of the server from which they are downloading.

Violations of the Doane College acceptable use policy are subject to action by the college. Violations will be referred to the Vice President for Information Technology, who will report issues and problems for review by the appropriate Administrator, or the Vice President for Student Leadership and the Vice President for Academic Affairs, and will be referred to the appropriate administrative or judicial proceedings. Violators may be billed or fined for unethical or illegal use of information technology. They may also be subject to dismissal, suspension, loss of network and computing privileges, and/or legally prosecuted.

Copyright Infringement

The software used by the institution is protected under federal Copyright Law. All students, staff, and faculty must comply with these regulations. It is illegal to make personal copies of software unless specifically allowed by a license agreement. Questions regarding specific instances should be directed to a professional staff member of the Office of Technology.

Students found in possession of illegal copies of software (either copies they have made or acquired by other means, or copies of software designated for use in class sessions or through the library that have not been issued to a student) will be subject to disciplinary action.

Software and Hardware Maintenance

Students must share the responsibility for keeping software and equipment in good repair. If a student encounters a problem with a piece of software or equipment, the student should report this to a computer lab aide, a professional staff member of the Office of Technology, or a member of the library staff.

Software Purchases

Doane College students may purchase Microsoft Office Professional in the Doane College Bookstore. This software is made available through a licensing agreement between the college and Microsoft. Therefore, only Doane College students (not other college students) are eligible to purchase this software from the Doane Bookstore. Students who purchase this software are required to abide by the Microsoft End User Licensing Agreement that is included when the software is purchased.

All users are expected to abide by the end user licensing agreements for all other software that is either purchased through the Doane College Bookstore or installed on Doane College computers.

Computer Lab Policies

Students should not save their documents to the hard drives on the lab computers; network file space is made available to all students, faculty and staff for this purpose. Documents and miscellaneous files are periodically removed from the computer lab hard drives and the user could lose his or her data. Users of the computer labs are expected to pick up any extraneous paper and waste that result from their printing and place any computer paper in the receptacles provided for recycling. Excessive printing in the labs is not allowed. If you mistakenly submit a print job that is extremely large, you should notify the network administrator or lab aid on duty to cancel the print job as soon as possible. No equipment supplies, software, or manuals may be removed from computing sites without proper authorization.

All food, drink, and tobacco products are strictly prohibited from entering the computer labs. Students who do not comply with this regulation run the risk of exclusion from the labs for the remainder of the semester in which the violation occurred.

Laptop Checkout

Laptop computers are available in the library. Students may check out a laptop for a period of two days. Failure to return the laptop within one hour of the time it is due results in loss of privileges to check out laptops for the remainder of the semester. From the time the laptop is checked out to the time it is returned, the person who has checked out the laptop assumes full responsibility for the care of the equipment and will return it in full working order or be charged for necessary repairs due to damages incurred. While checking out a laptop, the user assumes full responsibility even if someone else is using it. If a user fails to return a laptop, the user will be charged replacement cost and processing fees for the hardware and software.

Connecting a Computer to the Network

Student computers attempting to connect to the campus network will be scanned prior to allowing a connection. The scan will determine if current operating patches have been installed, along with other security requirements. If a computer fails the scan, it will not be allowed on the network until necessary software has been installed. All computers connected to the Doane network are required to comply with the following:

• Install and run Symantec Antivirus Corporate Edition as provided by the college to all Doane students at no charge.
• Install all current operating system patches and maintain current patches
• Run a spyware removal tool on a regular basis. Freeware tools are provided to all students through the campus network.
• The computer must have an IP address and MAC address that is visible. Using tools to hide or disguise your computer name, IP address and/or MAC address is strictly prohibited.
• Use of personal routers is not allowed. Many multi-port switches have built-in routers and they will not work on our network. If you need to connect more than 2 computers in a room, you may checkout a 4-port switch from the Business Office on campus.
• Personal wireless access points are not allowed and will not work on our network. This includes switches, routers, and setting up your computer as an access point.

Computers acting as servers or running server services are not allowed except where approved by the Office of Technology.

Privacy Expectations and Exceptions

Doane College reserves the right to monitor electronic activity of users when there is activity that appears to be harmful to another user, to the campus systems and/or network (programs being launched to attack the servers, users attempting to break into accounts, etc.), or when there is evidence of violations of the appropriate use policy.

When there is no evidence of inappropriate use or threat to the Doane College system or network, computer users have the right to expect that their materials remain private. No person, regardless of status (i.e., including the system manager, faculty member or college administrator) may view, change or remove another user’s files without the user’s permission, whether the material exists on network media or on a user’s own media. An exception exists for class accounts which are owned and managed by an instructor or system manager and which exist strictly for a class project and which exclude personal electronic mail. In these cases, the administrator of the account is allowed complete access, but persons outside of the class are not. Documents stored on public use computers (labs) have no expectation for privacy and documents may be deleted at any time.

E-mail is protected as much as possible. The e-mail system typically will exclude the content of messages that are returned to the postmaster due to transmission errors or other technical problems. Message contents are to be considered private when inadvertently viewed.

Files which reside in a user’s account on a network drive or on a user’s personal computer are to be considered private except where a runaway program that could be either accidental or an intentional hack, or a virus is in the process of causing damage or is inhibiting the work of others. In this case, it may be necessary for a system manager to inspect the file that is suspected of causing the problem.