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State, Federal and Related Regulations and Compliance Statements

Annual Campus Safety and Security Report (Clery Act)

Annual Campus Safety and Security Report (Clery Act)
This report includes statistics for the previous three years concerning reported crimes that occurred on campus; in certain off-campus buildings or property owned or controlled by Luther; and on public property within, or immediately adjacent to and accessible from, the campus. The report also includes institutional policies concerning campus security, such as policies concerning alcohol and drug use, crime prevention, the reporting of crimes, sexual assault, and other matters.  You can obtain a copy of this report by contacting the Student Life Office, or by accessing the following website: www.luther.edu/student-life/dean/crime/.

Drug/Alcohol Policy
Luther College policy to comply with the Federal Drug Free Workplace Act of 1988 and Drug-Free Schools and Communities Act of 1986 and Amendments of 1989. (The Drug Free Workplace Act [1988] applies to employees of the college and students who are Pell Grant recipients. It requires the college to certify that as a federal grantee it will provide a drug-free workplace. The Drug Free Schools and Communities Act [1986] and Amendments [1989] require that as a condition of receiving funds or any other form of financial assistance under any federal program, an institution must certify that it has adopted and implemented a program to prevent the unlawful possession, use, or distribution of illicit drugs and alcohol by students. While these are distinct regulations, the college is stating with this single policy its intent to comply with both.)

Luther College highly values its students and employees and is therefore committed to maintaining a safe and healthful learning environment and workplace free from chemical substance abuse. To help fulfill this commitment the college maintains a Lifetime Wellness program. The following policy outlines ways the college will also fulfill this commitment while complying with the provisions of the Drug Free Workplace Act (1988) and the Drug Free Schools and Communities Act of 1986 and Amendments of 1989. This policy will be shared annually with all students and employees by the Student Life and Human Resources offices.

I. The college prohibits its employees (“employees” or “employee” includes student workers in this policy) from reporting to work or performing work for the college while impaired by or under the influence of illegal drugs or alcohol. (Stipulation of the Drug Free Workplace Act.)

The illegal use, possession, dispensation, distribution, manufacture, or sale of alcohol or other drugs by an employee in the workplace, or while the employee is on duty or official college business, or by a student is prohibited. This standard of conduct applies to all college sponsored on- and off-campus activities. The college’s policy on possession or use of alcoholic beverages is outlined in section 6.12 of the Student Handbook.

II. Federal law contains further prohibitions against the manufacture, possession with the intent to distribute, or distribution of controlled substances, including narcotic drugs, marijuana, depressant or stimulant substances.

Iowa law prohibits the manufacture, delivery, possession with the intent to manufacture or deliver, and possession of controlled substances.

Local and state laws prohibit possession of open containers of alcoholic beverages outside of a residence or licensed liquor establishment. Possession of alcoholic beverages is prohibited for persons under the age of 21. Operating a motor vehicle while intoxicated is also prohibited.

The college recognizes all these regulations in its commitment to maintaining a healthful campus and workplace. A detailed summary of federal, state, and local sanctions applicable to violation of item I above are available in the offices of Human Resources and Student Life.

III. Luther College promotes wellness and recognizes chemical dependency as a major threat to wholeness of personal health. The college is therefore committed to seeing that all its students and employees understand that:

A. the use of alcohol and/or illegal drugs can interfere physically, mentally, socially, and spiritually with the ability to perform important functions.

B. these drugs impair physical coordination and mental alertness and may damage the immune system, resulting in irreversible health problems and death.

C. social behavior following use of alcohol or illegal drugs may be destructive to relationships.

A summary of the effects of using controlled substances is available from the Lifetime Wellness Educators, who will coordinate programs to inform employees and students about the dangers of drug and alcohol abuse, the college’s policy, counseling or rehabilitation programs in the community, and penalties for violations.

IV. The Luther College Counseling Service provides evaluation and counseling for students in relation to abuse of alcohol and other drugs and refers students to other resources that might be appropriate for them. Lists of community and area evaluation and counseling services are available from the following offices: Counseling (1375), Health Service (1045), and Lifetime Wellness Program (2075).

V. Violations of the standards of conduct described in Section I will result in:

A. disciplinary action up to and including dismissal as described in the respective staff, student, and faculty handbooks, and students’ residence hall contracts and/or

B. required satisfactory participation in a drug and alcohol abuse evaluation or rehabilitation program.

Any employee or student employee who is convicted of violating any criminal drug statute in such work place situations as described in item I above, must report that conviction to the office of Human Resources no later that five days after the conviction. (Stipulation of the Drug Free Workplace Act.)

Within 10 days after receiving notice of such conviction from an employee who is a participant in a federal grant or contract, the office of Human Resources will notify the granting agency of an employee’s conviction for violation of the standards of conduct identified for the workplace. Within 30 days of the employee’s conviction the college will impose sanctions on the employee, and/or require satisfactory participation in the drug abuse assistance program. (Stipulation of the Drug Free Workplace Act.)

VI. This substance abuse policy is effective immediately. The Director of Human Resources will coordinate a biannual review of the policy with representatives from the student life, academic affairs, health service, chemical health educator, student financial planning and president’s offices.

September 7, 1990

Controlled Substances Crimes and Penalties:
Federal and Iowa Law*
Both state and federal laws prohibit distribution of, manufacture of, or possession with intent to distribute a controlled substance or a counterfeit controlled substance. State laws prohibit distribution of, manufacture of, or possession with intent to distribute a controlled substance or a counterfeit controlled substance. State penalties range up to Life confinement and a fine of $1,000 to $1,000,000 depending upon the type and quantity of drug involved. Specific drugs, amounts and penalties are described in Code of Iowa, Chapter 124, and Title 21 USC, sections 841-863.

Penalty Enhancement

The maximum term and fine is increased significantly if state and federal penalty enhancement rules apply. Factors which raise maximum penalties under state penalty enhancement rules include death or serious bodily injury; prior drug conviction; placing at risk or distributing a drug to a person under 18 years old; using a person under 18 years of age to assist in the drug violation; using firearms or dangerous weapons in the commission of the offense; and distributing or manufacturing a drug within 1,000 feet of school property.

Possession

State laws prohibit possession of a controlled substance. The maximum state penalty for possession varies depending on the amount and type of drug possessed. The maximum term and fine increases significantly in the event that state penalty enhancement rules apply. Possession of relatively small quantities of certain drugs can be a felony under Iowa Drug Stamp tax laws, resulting in up to 5 years in prison and civil penalties.

Driving While Intoxicated 

Under state law, a person found guilty of operating a motor vehicle while under the influence of drugs or alcohol, or with a blood alcohol concentration of .08 or greater shall be imprisoned for not less than 48 hours and fined up to $1,000 for the first offense. For the second OWI offense the minimum period of confinement is seven days and a fine of up to $1500. The minimum period of confinement for the third or subsequent OWI convictions is thirty days and could be up to five years, with a fine up to $2500. All fines are accompanied by a 30% surcharge. Defendants are also required to pay court costs and make restitution of court appointed attorney fees and subject to paying high risk insurance for 3 years. Drunk drivers also lose driving privileges for 180 days for first offense, and up to six years for third offense.

Other Alcohol-Related Offenses

Under State law, the drinking age is 21. State law prohibits:

a) Consumption or possession of an alcohol beverage in a public place;

b) Public intoxication;

c) Carrying an open container with an alcoholic beverage in public;

d) Giving or selling an alcoholic beverage to anyone intoxicated;

e) Possession of an alcoholic beverage under legal age; and

f) Having open containers in a motor vehicle.

A person who is of legal age who sells, gives, or otherwise supplies alcoholic liquor, wine, or beer to a person who is under legal age in violation of this section commits a serious misdemeanor punishable by a minimum fine of five hundred dollars. A person who is of legal age who sells, gives, or otherwise supplies alcoholic liquor, wine, or beer to a person who is under legal age in violation of this section which results in serious injury to any person commits an aggravated misdemeanor. A person who is of legal age who sells, gives or otherwise supplies alcoholic liquor, wine, or beer to a person who is under legal age in violation of this section which results in the death of any person commits a class “D” felony. Second and third offense public intoxication or consumption in a public place is serious or aggravated misdemeanors, with penalties enhanced accordingly.

*Laws are subject to change.

Disability Services
Luther College is committed to providing equal educational and employment opportunities for individuals with disabilities, in accordance with state and federal law and regulations, including the Americans with Disabilities Act (ADA) of 1990 and Section 504 of the Rehabilitation Act of 1973.  To ensure equality of access for students with disabilities, Luther College provides reasonable accommodations, including auxiliary aids and modifications to courses, programs, services, activities or facilities.  Exceptions will be made in those situations where accommodation would fundamentally alter the nature of a program, cause undue hardship on the college, or jeopardize the health or safety of others.  Classroom or program accommodations are not special advantages nor are they remedial in nature, rather they represent measures taken to assist students fulfill course and/or program requirements by limiting the effects of their disabilities on their performance.

The Student Academic Support Center (SASC) assists students who are eligible for disability services.  Eligibility for individualized services is based on professional verification that an individual has a disability that substantially impairs his or her functioning to the degree that accommodations are necessary to ensure equal access and educational opportunity.  Before accommodations are implemented, students must register with Disability Services at SASC.  All inquiries, medical/testing reports, and requests for accommodations should be forwarded to Mary Klimesh, Disabilities Coordinator, SASC, Preus Library 108, x1270.

How soon can services be started?  Once registered, most services can be implemented quickly.  However, both Luther College policy and federal disability law emphasize that students are responsible for making timely and reasonable requests for accommodations and services.

Grievances.  When students have cause to believe that their rights relative to ADA compliance have been violated, they may request a review of the alleged violation.  All grievances are submitted in writing to the College’s ADA Coordinator, Roy Prigge, Director of Human Resources.  The grievance procedure must be initiated within 30 days of the occurrence.

Equal Opportunity

As an equal opportunity employer, the College will not discriminate against any individual on the basis of sex, sexual orientation, race, color, national origin, ancestry, religion, disability, age, or any other characteristic protected by state, federal, or local law. As an institution of the ELCA, the College reserves the right to impose qualifications based on religion if such qualifications are related to bona fide religious purpose or are otherwise permitted by state law. Students who have a complaint of possible equal opportunity discrimination should contact a member of the Student Life staff or Director of Human Resources.

Article V: Student Records: Access to and Confidentiality

5.1 Introduction

5.1.1 The following statement and policies reflect Luther’s compliance with FERPA, the Family Educational Rights and Privacy Act of 1974, commonly known as the Buckley Amendment. A college acquires a great amount of information regarding its students. Because Luther College respects the students’ rights of privacy, this information is considered confidential. These records are essential if administration and faculty are to understand individual students and assist them in facilitating their development. Due to the confidentiality of these records a student has the right to expect the college not to release information about him or her to anyone other than those prescribed by law, unless it has his or her written consent. Only legal compulsion or the immediate security of persons or college property justifies the college’s revealing to unauthorized personnel, without the student’s permission, anything more about the student than the dates of his attendance, the nature and date of the degree awarded, place of residence while at the college, and other directory information in 5.2.1. below.

5.1.2 Students will be informed annually of their privacy rights with respect to their educational records.

5.2 The following guidelines are adhered to by Luther College in regard to student records.

5.2.1 Certain information about students is considered “Directory Information” and considered generally available to the public. Such information includes: name, phone numbers and addresses (college and permanent), e-mail address, classification (year in school, major(s)), honors, awards, degrees conferred, dates of attendance, participation in sports and activities, height and weight of athletic team members, date and place of birth.

5.2.2 Information considered confidential is filed in many offices, including, but not limited to: Student Life, Registrar, Health Service, Career Center, Student Academic Support Center, Student Support Services, Financial Services, Financial Aid, and the Counseling Service. Professional staff members of each respective office are the only personnel authorized to disclose or release information from a student’s folder. A student shall have the right to inspect and review any official records.

5.2.3 Two primary files will be maintained by the college: (a) academic and (b) personal.

5.2.3.1 The student’s academic file is kept by the Office of the Registrar. This is a permanent record and includes the Secondary School Record, the courses taken and when, the grades received, test data (e.g., the Scholastic Aptitude Test), the student’s area of specialization and degree received, grade point data, and any action by the college resulting in the student being placed on academic probation or his suspension due to academic reasons. The report on each semester’s work, which includes cumulative hours of credit and grade points, is sent to the student. The offices of Student Life and Counseling Services have access to this information electronically.

5.2.3.2 The student’s personal file is kept in the Student Life Office. It includes information such as the application for admission, housing application, miscellaneous records such as financial aid, and general correspondence.

5.2.3.3 The personal record file in the Student Life Office does NOT include the summary of interviews of counseling or the records of medical diagnosis and treatment. These records are kept in separate files in Counseling Services and Student Health Services, respectively.

5.2.4 All persons who handle student records shall be instructed concerning the confidential nature of such information and the student’s right to privacy. They shall be advised of their legal and professional responsibilities regarding all student records.

5.2.5 Release of Information. The respective offices will not release records of a student without the written consent of the student, except of the specific occasions cited under Article 5.2.5.2. This written consent would include the type of record to be released and identification of the recipient. Copies of the released information will be sent or given to the student (or parent) when requested.

5.2.5.1 Luther College is required to release official information when the information is furnished in compliance with a judicial order or pursuant to a subpoena. In such an instance, an attempt will be made to notify the student (or parent) in advance of compliance.

5.2.5.2 Information from the above offices may be released to the following without written consent:

A. Authorized federal representatives who request information in connection with an audit or evaluation of federally-supported education programs.

B. Officials of other schools to which a student has transferred to or intends to transfer.

C. Educational officials or teachers who request information for educational purposes. This includes the National Direct Student Loan Clearinghouse.

5.2.5.3 Any of the above representatives or officials will be required to note reason for inspection of official records. The information can be released only upon the condition that the third party (a,b,c above) will not permit access to others without written consent of the student.

5.2.5.4 To minimize the risk of improper disclosure, official college disciplinary records shall be kept in the Student Life Office under separate cover. Folders of disciplinary cases are maintained in an active file for a period of two years after the latest incident recorded in the folder. After a period of two years, all such folders are destroyed, with the following exceptions:

A. students who have a “hold” placed on their registration and transcript.

B. students involved in incidents that result in suspension. The folders on the above exceptions are transferred to an inactive file for two years after the ’’hold” is initiated or the student is suspended. When action is taken to release a ’’hold” or allow a suspended student to return to school, the folders are returned to the active file. They are maintained there for a period of two years from the date of the action or any later additions to the folder at which time they are destroyed.

C. While the intent of destroying disciplinary records in the timeframe noted remains, there are federal laws that require an educational institution to keep records of policy violations for a period of about seven years.

5.2.5.5 Information may be released for research purposes only under carefully prescribed guidelines. In releasing any data for research purposes, the identity of the student shall be scrupulously protected. If there is a question about the limits of confidentiality, the written permission of the student will be obtained prior to releasing information about him or her. The Dean for Student Life or Registrar will be assured that the department or persons engaged in the research will follow professional standards of confidentiality.

5.2.5.6 The Student Life Office will not keep membership lists of student organizations. It will record the name of the faculty adviser and officers of the organizations for identification purposes only, and will destroy all such records at the end of each academic year. The names of advisers and officers will be released upon request.

5.2.6 Review of Official Records

5.2.6.1 Upon request of a student, or parent as appropriate, and within 45 days of the request, a student may review his or her records. This request must be made to the office or service where the records are maintained. Information such as intelligence, aptitude, psychological and interest inventories, and health record entries will be interpreted by a staff member of the appropriate office.

5.2.6.2 In the event the student finds what he or she regards as inaccurate or misleading information, that student may request that the record be corrected or amended. If the request is denied, the student may request a hearing to modify or remove the material. If dissatisfied with the results of the hearing, the student may place in the file a statement of disagreement.

5.2.7 Destruction of Students’ Personal Records. Luther College terminates its responsibility for personal records at the end of the sixth year after the student leaves the college. At the end of the sixth year the records shall be destroyed in a manner which prevents unauthorized retrieval. Any portion of the record may be destroyed at an earlier date if the person under whose jurisdiction the record was originally created feels it should be destroyed. Maintenance and preservation of the academic record shall be in perpetuity.

Voter Registration

Iowa and Federal laws require that colleges provide voter registration materials to students. In compliance with these laws, students are advised that voter information and The National Voter Registration Form is accessible at http://www.eac.gov/, or the Iowa Voter Registration Application is available from the Iowa Secretary of State at http://www.sos.state.ia.us/elections/voterreg/reg_to_vote.html. Students who desire may seek assistance or obtain forms from the Student Life Office. Please note that states have different policies and deadlines for voter registration and that acceptance of photocopied forms may vary from state to state.