Professional Behavior Policy
Lyon College

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Professional Behavior Policy

Professional Behavior Policy
Including Prohibition of
Harassment and Sexual Harassment
and Reporting Procedure

[View and download this document in PDF format.]

 (These policies and procedures apply to faculty, staff, employees, contract employees, students, and visitors to the campus.)

1. Code of Conduct

All members of the College community (faculty, staff, students, and employees [hereinafter “Community Members”], contractors, employees of contractors, and visitors to the Lyon College campus are expected and required to conduct themselves in a professional and ethical manner, maintaining high standards of integrity and the use of good judgment. Community Members are expected to be principled in their business interactions and to act in good faith with individuals both inside and outside the campus community. They should act with due recognition of their position of trust and loyalty with respect to the College and its students, research sponsors and donors.

Community Members, contractors, contractor employees, and visitors to the campus are expected and required to comply with all college policies and procedures; laws and regulations; contractual, grant and other obligations, public or private; and to safeguard College property and funds.

Community Members are encouraged to report violations or concerns about violations of law, this Code of Conduct, or college policies that come to their attention. Inappropriate activity can range from clearly illegal activity (such as falsifying data or misusing College funds) to activity that is lawful but unethical (such as purporting to speak on behalf of the College without proper authority).

Any suspected violations of this Policy including improper offers or suggestions from a supplier, vendor, or anyone seeking to do business with the College, and any activity that could be perceived as presenting a serious conflict of interest should be reported to a Cabinet member or to the President or anonymously to the Campus Conduct Hotline at 866-943-5787.  Appropriate cases will be referred to the Board of Trustees.

Disciplinary actions for proven violations of this Policy, or for improper retaliation against anyone who reports possible violations, will be determined on a case-by-case basis and may include termination of employment, suspension of privileges to enter the campus, or expulsion from school, as Lyon College, in its sole discretion, deems appropriate. Those who violate this Code may also be subject to civil and criminal charges in some circumstances.

The College will take steps to help ensure that Community Members who come forward in good faith to report suspected violations of law, this Policy or other college policies will be protected from retaliation.  Intimidation, retaliation, or discrimination against anyone for complaining about harassment, providing statements, or otherwise cooperating in any investigation of an alleged violation of this policy is prohibited.

2. Conflicts of Interest

A conflict of interest exists when an employee engages in a personal activity or has a direct or indirect business interest in a transaction involving Lyon College. Examples include decisions to purchase goods, hire a vendor, hire a candidate, or make an investment decision. A conflict of interest may also exist if an employee makes personal use of information acquired through his/her employment at Lyon College.

All employees of the College are expected to report, on their own initiative, any conflict of interest that may significantly affect the College. Examples of conflicts that should be reported include business relationships between the employee (or the employee’s  immediate family) and the College, its suppliers, research sponsors or donors; outside board memberships of the employee (or the employee’s immediate family) that might affect the College's business dealings or reputation; any outside employment or consulting relationships of the employee that might be of interest to the College; and holding by the employee (or his/her immediate family) of any local political office.

It should be understood that conflicts of interest are not, in and of themselves, wrongful or even disadvantageous. The College maintains relationships and derives support from many people and organizations. This web of relationships inevitably leads to different parties having different interests. It is important, however, that the College be in a position to identify conflicts of interest so that management and the Board can take appropriate steps to assure fair treatment of the College in its business dealings, and to preserve and strengthen those relationships that will advance the College's mission in the future.

It is not possible to list every possible conflict. Ultimately it is the responsibility of each employee to exercise good judgment and avoid (or appropriately disclose) any situation that could appear to be a conflict of interest or raise the appearance of impropriety.

Employees of the College may not solicit, obtain, accept or retain any personal benefit from any supplier, vendor, donor, customer, client, public official, or any individual or organization doing or seeking to do business with the College. For the purposes of this policy, personal benefit includes, but is not limited to, gifts, gratuities, favors, certain travel, services, compensation, use of vacation residences, discounts, special treatment, or anything of monetary value exceeding $100.00. Reasonable exceptions may include purchase of a business meal, or consumable gifts offered to an entire workgroup during a holiday season, where rejection would damage the spirit in which the gift was offered.

This policy does not prohibit members of the faculty and other employees from receiving honoraria or reimbursement for travel and other expenses from grant agencies, foundations, or other colleges or universities. This policy does not prohibit employees from receiving compensation or per diem payments for service on outside boards of directors. 
Reasonable exceptions to this acceptance of gift policy may also be granted for activities that further development opportunities and donor relations. Any such exceptions must, before the Community Member engages in the activity, be reviewed and approved by the Cabinet of the College.

Nepotism contributes to an unhealthy working environment because members of the same immediate family working together in a supervisor/employee relationship may lead to bad morale and suspicion among other employees. For this reason, the College prohibits the hiring of members of the same immediate family in a direct supervisor/employee capacity. For purposes of the College’s nepotism policy, "immediate family" means the employee’s spouse, brother, sister, parent, child, step-child, father-in-law, mother-in-law, sister-in-law, brother-in-law, daughter-in-law, son-in-law, and any other member of the employee’s household.  This policy does not prohibit the hiring of family members in indirect employment relationships.

3. Discrimination and Harassment, General and Sexual

The educational mission of Lyon College is to foster an open working and learning environment. As such, Lyon College strives to create an atmosphere where Community Members are free from illegal harassment while on the Lyon campus and while attending school-sponsored functions.

Lyon College does not discriminate and prohibits discrimination against Community Members on the basis of sex, race, color, age, national origin, religion, disability, sexual preference, or other characteristics protected by applicable law  in the educational programs and activities it operates. Harassment based upon any one or more of these characteristics likewise is prohibited. Lyon College is required by Title IX of the United States Code not to discriminate based on sex.  Inquiries concerning the application of Title IX may be referred to Lyon College’s Title IX Coordinator, Nichols Administration Building, phone (870) 307-7327 (clarinda.foote@lyon.edu) or to the United States Department of Education Office of Civil Rights, Dallas Office, 1999 Bryan Street, Suite 1620, Dallas, Texas 72501, phone (214) 661-9600.

Prohibited harassment includes, but is not limited to, epithets, slurs, derogatory comments or jokes, intimidation, negative stereotyping, threats, assault or any physical interference with the Community Member’s normal work, study, conduct, or movement.  Harassment may also include written or graphic material placed on walls, bulletin boards or elsewhere on the College’s premises or circulated on the campus that denigrates, or shows hostility or aversion towards an individual or group because of the characteristics identified above.

Whether or not the person means to give offense or believed his or her comments or conduct was welcome is not significant.  Rather, the College’s policy may be violated when other Community Members, whether recipients or mere observers, are, in fact, offended by comments or conduct based on race,  religion, gender, age, sexual orientation, national origin, the presence of any sensory, mental, or physical disability, or any other characteristic protected by applicable law. 

While all forms of harassment are prohibited, Lyon College emphasizes that sexual harassment is a form of prohibited harassment requiring special mention. Each Community Member has the responsibility, and must do his or her part, to keep the workplace and academic environment, and campus free of sexual harassment.

Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal and physical conduct of a sexual nature when:

1. submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment or academic performance;

2. submission to or rejection of such conduct by an individual is used as the basis of employment or academic decisions affecting such individual; or

3. such conduct has the purpose or effect of unreasonably interfering with an individual’s work performance or creating an intimidating, hostile, or offensive working or academic environment.

Sexual harassment is not limited to conduct motivated by sexual attraction.  It may occur between members of the opposite sex or members of the same sex, regardless of their sexual orientation.  It also may include offensive non-sexual conduct directed at a Community Member because of his or her gender.

Sexually harassing conduct in or at the work place or in academic settings may also be done by one who does not exercise power over the victim of the harassment. Whether committed by faculty, staff members, employees, students, or third parties the following conduct is also prohibited: 

1. Firtations, touching, advances, or propositions of a sexual nature

2. Verbal or written abuse of a sexual nature

3. Graphic or suggestive comments about the dress or body of any Community Member

4. Sexually degrading words to describe any Community Member at the College.

Lyon Community Members who have questions about whether certain conduct is inappropriate under this policy should direct those questions to the Human Resources Office/Title IX Coordinator.

Lyon College expressly forbids sexual harassment as defined above. It is the responsibility of all Lyon Community Members to refrain from harassing other members and to report harassment when experiencing, observing, or suspecting it. 

Complaint Procedure:

Community Members who believe they are the victim of illegal discrimination or harassment, have witnessed illegal discrimination or harassment, or suspect illegal discrimination or harassment, should immediately report the alleged act(s).  Community Members may report confidentially and anonymously, by calling the Campus Conduct Hotline at 866-943-5787, or by filing an anonymous written complaint to the Dean of Students or Title IX coordinator, or any other official listed as a Reporting Point in this Policy and whose contact information is contained further in this policy.  An anonymous Complainant may report the alleged perpetrator’s identity and the identity of other potential witnesses, and identify any potentially relevant documentary or other evidence.  In the event of an anonymous complaint, Lyon may be limited in its ability to respond fully to the incident, including its ability to pursue disciplinary action against the alleged perpetrator.  Lyon College will respond promptly and effectively to complaints of harassment, including harassment on the basis of sex.  Lyon will promptly investigate all incidents of alleged illegal harassment and will take the appropriate action to respond to such complaints.  Such action may include disciplinary action against students or staff found to have violated this policy and barring visitors from Lyon premises.  The College will also take prompt action designed to end the harassment, prevent its recurrence, and, as appropriate, remedy the effects of the hostile environment on the affected Community Member.  An anonymous complaint may, in some instances, impair the College’s ability to investigate.

Alternatively, the alleged discriminatory or harassing act(s) may be reported to the appropriate official as indicated below.  All complaints will be investigated. Depending upon the classification of the aggrieved individual, the following lists the preferred reporting officials:

Aggrieved Person       Reporting Point 

Faculty Member         Dr. Phil Cavalier

Vice President for Academic Services and Dean of the Faculty
philip.cavalier@lyon.edu

(870) 307-7202

Nichols Administration Building
Lyon College
2300 Highland Road
P.O. Box 2317
Batesville, AR  72503

Staff Member and         Mr. John Jones

Student Employees

Vice President for Business & Finance
john.jones@lyon.edu

(870) 307-7326

Nichols Administration Building
Lyon College
2300 Highland Road
P.O. Box 2317
Batesville, AR  72503

Student                            Dr. Pat Mulick

Vice President for Student Life
pat.mulick@lyon.edu

(870) 307-7247

Edwards Commons
Lyon College
2300 Highland Road
P.O. Box 2317
Batesville, AR  72503

or

Ms. Clarinda Foote

Director of Administration and Human Resources/Title IX Coordinator and Investigator
clarinda.foote@lyon.edu

(870) 307-7327

Nichols Administration Building
Lyon College
2300 Highland Road
P.O. Box 2317
Batesville, AR  72503

or

United States Department of Education
Office of Civil Rights, Dallas Office
1999 Bryan Street, Suite 1620 Dallas, TX   72501
(214) 661-9600

If the aggrieved person feels uncomfortable or for any reason feels that he or she cannot report the alleged acts of harassment to the designated administrator, the aggrieved person may report the matter directly to the President of the College. 

The administrator receiving the complaint will ask the aggrieved person to outline specifically the nature of the complaint.  A written complaint is preferable, but not required. The person to whom the complaint is made will then notify the appropriate officials of the complaint. Sufficient information should be provided in order to allow the College to investigate and attempt resolution of the complaint.

Barring extenuating circumstances, in all cases other than those involving an anonymous complaint, the College will confirm in writing its receipt of a complaint of illegal harassment within three (3) days of its receipt.  At this time the College will also assign an Investigator to investigate the matter.  Investigators are assigned on a rotating basis and are selected from a panel of no fewer than two (2) Investigators.  Lyon College Investigators are trained in and are knowledgeable concerning investigative procedures, Lyon’s investigative process and the appropriate legal standards under Title IX and relevant Lyon policies.  An assigned Investigator shall recuse from a matter in the event the matter presents a conflict of interest for the Investigator. 

Barring extenuating circumstances, within four (4) days of the College’s receipt of a complaint, the Investigator assigned to the matter will contact the alleged perpetrator and inform him or her of the allegation. The Investigator will review with the alleged perpetrator college policy and, at the appropriate time, indicate in writing the details of the sexual harassment allegation.  As deemed appropriate, the College may separate the complaining party and the alleged perpetrator so that contact between the two is eliminated or kept to a minimum.  The College may take such other action as it deems appropriate to prevent further harassment of the Complainant and to avoid retaliation.  The alleged perpetrator will then be required to respond to the allegation in writing or its equivalent.  Barring extenuating circumstances, the alleged perpetrator shall have two (2) business days from the date of his/her initial meeting with the Investigator to submit a written response to the complaint. 

Both the alleged victim and the alleged perpetrator shall be invited to provide the Investigator with the identity of witnesses and/or documents that are relevant to the complaint or defense thereto.  The Investigator will in a timely manner attempt to locate all persons so identified and will interview so many of them as are agreeable to being interviewed after reasonable request.  The Investigator will review so many of the documents identified as relevant as the Investigator can locate with the exercise of reasonable diligence.  These interviews and reviews shall be conducted without unnecessary delay and it will in all cases be incumbent upon the Investigator to weigh the value of obtaining the additional evidence against any delay associated therewith.  It is expected that, absent extenuating circumstances (e.g. witness unavailability), witnesses will be interviewed and documents and other physical evidence will be reviewed within five (5) days of their being identified. 

The College’s investigation may include (1) one or more interviews with the Complainant, the alleged perpetrator, and any witnesses identified by either the Complainant or the alleged perpetrator or who may be deemed, in the good faith exercise of the Investigator’s discretion, possibly to have been in a position to have witnessed or otherwise to have knowledge of the alleged harassment, (2) review of any documentary or otherwise recorded evidence identified by the Complainant or the alleged perpetrator or otherwise deemed by the Investigator to be of potential relevance to the investigation, (3) in the event the Complainant is unable to identify the alleged perpetrator, investigative steps aimed at ascertaining that person’s identity, such as, without limitation, interviews with persons who possibly were present during the alleged harassment, and (4) such other acts as the Investigator may deem of potential assistance in his or her investigation. 

It is expected that, barring extenuating circumstances, the College’s investigative portion of this procedure will be concluded, and the Investigator will have reached a decision concerning the complaint within thirty (30) days of the filing of the complaint.  The Investigator may, however, extend this time if, in the good faith exercise of the Investigator’s judgment, the ill effects of such an extension are outweighed by the benefit of the additional evidence that could be gathered during the extended time period. 

No later than three (3) days following the conclusion of the investigation, the Investigator will attempt to contact the Complainant to arrange a meeting with him/her, the purpose of which will be to advise the Complainant generally of the results of the investigation.  Such meeting shall be conducted as soon as practicable following the contact as the Complainant’s schedule will allow.  The College will maintain ongoing contact with the Complainant and will, as appropriate, provide the Complainant with updates throughout the investigation. 

Simultaneously with contacting the Complainant, the Investigator will also contact the alleged perpetrator for that same purpose.  It is at this meeting that Lyon will inform the alleged perpetrator of any restrictions on his or her activity on account of a confirmed complaint and, if such already has been determined by the College, the applicable punishment. 

Ordinarily, the Investigator will meet with the Complainant prior to meeting with the alleged perpetrator such that the Complainant is advised of the results of the investigation before the alleged perpetrator is advised of the results of the investigation. 

As soon as practicable following this meeting but, absent extenuating circumstances, in no event more than five (5) days following the meeting, the Investigator will issue to the Complainant and the alleged perpetrator written notification of the investigation and the results of the investigation.  Such written notification will include, at a minimum:

▪    an explanation of the investigative process;

▪    the factual findings of the Investigator, including the factual findings on all necessary issues including whether the harassment occurred;

▪    the reasons for the findings and conclusions, including the application of the “preponderance of the evidence” standard to the facts of the matter; and

▪    an explanation of the appeal process. 

In the notice Lyon will further apprise the Complainant of any individual remedies offered or provided to the Complainant, sanctions upon the alleged perpetrator that directly relate to the Complainant (e.g. requiring the perpetrator to stay away from the Complainant or the perpetrator’s transfer to another dormitory or class), other steps Lyon has taken or will take to eliminate the hostile environment (e.g. counseling services for the Complainant and other affected students) and other steps Lyon has taken or will take to prevent recurrence (e.g. sexual violence training for staff, campus climate surveys, etc.)

Lyon will create and retain a written report of the investigation, stating clearly whether sexual harassment occurred and explaining the basis for Lyon’s conclusions, including application of the “preponderance of the evidence” standard to the evidence. 

Lyon will retain documentation of all investigative steps, including statements, other evidence, remedial actions, and a copy of the written report and written notification referenced above. 

Lyon will contact the Complainant within two (2) weeks of its post-investigative meeting with the Complainant in order to determine whether there has been ongoing harassment or retaliation and to determine whether additional action by Lyon is appropriate. 

Absent extenuating circumstances (such as the temporary unavailability of witnesses or other evidence, an extraordinarily large number of witnesses to be interviewed, etc.), it is expected that Lyon College will conclude the investigative, determinative and, if appropriate, remedial portions of the procedure within forty (40) days of its receipt of the complaint. 

In reaching a conclusion regarding alleged harassment, at both the investigative and the appeal levels, a “preponderance of the evidence” standard will apply. 

The College will implement such remedial measures as may be necessary appropriately to address and resolve an incident of harassment. Such measures may apply to any Community Member, contractor, contractor employee or visitor who, after appropriate investigation and procedures, is found to have engaged in sexual harassment.  These may include, without limitation, the provision of resources, including counseling, to the alleged perpetrator as a means to prevent recurrence of the harassment, discipline of the alleged perpetrator (which may include, depending upon the status of the alleged perpetrator, termination, suspension, or expulsion, or being barred from entering the Lyon College premises), the protection of the Complainant and witnesses from retaliation, counseling for the Complainant and, where appropriate, the broader student body, and any other steps reasonably calculated to prevent future occurrences of harassment. 

In each instance, the College will make a determination as to whether remedial measures toward persons other than the Complainant who were negatively impacted by the harassment (e.g. other students, witnesses) are warranted.  The College will provide such remedial measures when and to the degree appropriate. 

Confidentiality:

Lyon College will endeavor to hold the information disclosed in the investigation and determination procedure in confidence, to the extent practical and appropriate under the circumstances. The College will, however, make disclosure on a need-to-know basis.  Employees and supervisors have a duty to cooperate in the College’s investigation of alleged harassment.

Acting Responsibly:

Given the impact that allegations of illegal harassment can have on those involved, the College expects all persons involved in any procedure  under this policy—whether as a Complainant, a respondent, or a potential witness-- to act responsibly and in good faith.

Employee/Employee Social Relationships:

All employees are expected to maintain relationships with their colleagues that in no way foster questions or allegations of favoritism or conflicts of interest, adversely affect the morale of others, create an appearance of impropriety, or otherwise adversely affect the College’s standards, overall character, public image, or other legitimate interests. Mature, mutually respectful, and non-coercive social or amorous relationships between consenting adult employees are not considered to be sexual harassment. However, given the risk of potential sexual harassment claims, dating or amorous relationships between any faculty or staff member and his/her direct supervisor are prohibited.

Employee/Student Social Relationships:

The respectful attitude of students toward faculty and staff is an important element of the educational process, and the greatest care must be taken that it is not in any way abused. Many students are at a time and stage in their development when they are particularly vulnerable to the inappropriate behavior of faculty and staff members whom they often view in an aura of exaggerated respect and on whom they depend for guidance, wisdom, and support.  Moreover, whether they choose to exercise it or not, faculty and staff members are in a position to exercise power, directly or indirectly, over virtually all students, whether or not the students are enrolled in their classes or are otherwise subject to their direct supervision. Even if a student of non-traditional age consents to an amorous relationship with a faculty or staff member, the existence of such a relationship could have unintended effects on other students and on the educational atmosphere of the College. Therefore, the College prohibits dating or amorous relationships between faculty or staff members and students. Exceptions may be granted in the case of relationships between students and College employees who are not in a direct supervisory or other authoritative relationship with such students. Faculty should request exceptions in such cases from the Dean of the Faculty, and staff members from the Director of Human Resources.

Sanctions:

Anyone who is found, after appropriate investigation and procedure, to have violated this Policy will be subject to immediate, appropriate disciplinary action, up to and including discharge from employment or dismissal from school or being barred from campus.  Failing to cooperate or providing false information during an investigation will also subject the individual to disciplinary action, including termination.

Faculty members being disciplined under this policy are subject to the terms of dismissal and procedure provided in Chapter 8 of this Policy Handbook.

A person has a right to file a criminal complaint as well as a complaint with Lyon. If a criminal investigation occurs, Lyon will not wait for the conclusion of a criminal investigation or criminal proceeding to begin its own title IX investigation. If Lyon determines that a temporary delay (generally no more than ten calendar days) in the fact-finding portion of a Title IX investigation is necessary while the police are gathering evidence, Lyon will take interim measures to protect the complainant and will continue to update the parties on the status of the investigation, including informing the parties when Lyon resumes its Title IX investigation.

Appeals:

To appeal a sanction due to a sexual harassment charge, staff employees are to follow the appeals procedure as outlined in the Lyon College Policy Handbook, Personnel Policies. Likewise, faculty members are to follow the grievance procedure as outlined in the Lyon College Policy Handbook, Faculty Personnel Policies.  Students are to follow the procedure outlined in the Lyon College Student Handbook.  Both the complaining party and the accused have the right to appeal a sanction issued pursuant to this Policy.  The College will handle appeals of a decision under this Policy with the same degree of confidentiality as the initial investigation. The College will, however, make disclosure on a need to know basis.

In the event that an appeal from the College’s findings pursuant to any procedure covered by Title IX under this policy, Lyon’s Personnel Policy, or Lyon’s Faculty Personnel Policy includes a hearing, cross-examination of the accuser by the accused or vice-versa during the hearing is forbidden.  Rather, each party shall be allowed to submit questions or present evidence to the person or persons conducting the hearing.  In no proceeding under this policy shall the complainant be required to attend the hearing.  However, either the complainant or the accused may attend the hearing if either so desires.  Upon request by either the complainant or the accused, the hearing shall be conducted such that at no time are both in the same room at the same time. 

4. Sexual Misconduct Policy

Sexual misconduct is unacceptable in any form and will not be tolerated. While sexual harassment is a form of sexual misconduct, many other forms exist.

Sexual misconduct is defined as the threat or commission of behavior used to obtain sexual gratification against another’s will or at the expense of another, such as inducing fear, shame or mental suffering.  Sexual misconduct includes sexual assault and other, less grievous but unwelcomed sexual acts or actions, whether by an acquaintance, a person in authority, or a stranger.  Sexual misconduct can occur either forcibly and/or otherwise against a person’s will, or when a person is incapable of giving consent.  Consent must be clear, knowing, voluntary, and active, not passive. Silence, in and of itself, may not be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understandable clear permission and willingness to engage in sexual activity. In order to give effective consent, one must be of legal age and must not be incapacitated mentally or physically either by virtue of disability, drugs, and/or alcohol. The victim of sexual misconduct may be anyone, including but not limited to, adults, adolescents, minors, the developmentally disabled and vulnerable individuals regardless of age.

In addition to Sexual Harassment, sexual misconduct may include, but is not limited to (1) non-consensual contact (any intentional touching, however slight, with any object, by a man or a woman upon a man or a woman, that is without consent and/or by force) and includes intentional contact with the breast, buttock, groin or genitals, or touching another with any of these body parts; any intentional bodily contact in a sexual manner, though not involving contact with/of/by breasts, buttocks, groin, genitals, mouth or other orifice; (2) non-consensual sexual intercourse (any sexual intercourse, however slight, with any object, by a man or a woman upon a man or a woman, that is without consent and/or by force) and includes vaginal penetration by a penis, object, tongue or finger, anal penetration by a penis, object, tongue, or finger, and oral copulation (mouth to genital contact or genital to mouth contact), no matter how slight the penetration or contact; or (3) sexual exploitation (taking non-consensual or abusive sexual advantage of another), even if the behavior does not otherwise constitute one of the other sexual misconduct offenses).  Sexual misconduct includes, without limitation, invasion of sexual privacy, prostituting another, non-consensual video or audio-taping of sexual activity, going beyond the boundaries of consent (such as letting friends hide in the closet to watch consensual sex), engaging in voyeurism, knowingly transmitting an STD or HIV to another, exposing one’s genitals in non-consensual circumstances, inducing another to expose their genitals, and sexually-based stalking and/or bullying.  This list is not exhaustive and is for illustrative purposes only.

All Community Members and other persons entering onto the Lyon College campus, including but not limited to, faculty, staff members, students, volunteers, visitors, and independent contractors are subject to this policy.  Violators will be subject to disciplinary action that may include termination, expulsion, suspension, removal from campus, cancelation of contract, other appropriate institutional sanctions.  Prosecution by civil authorities may also occur.

Options Following an Act of Sexual Misconduct:

Community Members who believe they are the victim of sexual misconduct or believe in good faith that they know of a member of a Community Member who is a victim of sexual misconduct are urged to make a formal report pursuant to this Policy  and/or to the police.

Whether or not the individual makes a formal report, all victims of sexual misconduct are urged to seek appropriate help, which may include a medical evaluation and obtaining information, support, and counseling, either on or off campus. In addition to resources available to them personally, victims of sexual misconduct may use the resources listed in this Policy to assist them in accessing the full range of services available.

Medical Treatment

A person who is the victim of sexual misconduct is urged to seek appropriate medical evaluation as promptly as possible. For life-threatening conditions, call 911 immediately.  Otherwise, White River Medical Center is located at 1710 Harrison Street.

Medical-Legal Evidence Collection

A person who is the victim of sexual misconduct (particularly rape, forcible oral copulation, or sodomy) is encouraged to request collection of medical-legal evidence. Collection of evidence entails interaction with police and a police report. Prompt collection of physical evidence may be essential should a person later decide to pursue criminal prosecution and/or a civil action. White River Medical Center at 1710 Harrison Street can collect medical-legal evidence.  

Obtaining Information, Support, and Counseling

Whether or not one makes a formal report, a person who is the victim of sexual misconduct is encouraged to obtain information, counseling, and support. Counselors at a variety of agencies, both on and off campus, can help a person decide what steps to take, such as seeking medical attention, preserving evidence, obtaining counseling, or filing a report with the College or local authorities.

Information, support and advice are available for anyone who wishes to discuss issues related to sexual misconduct, whether or not an act of sexual misconduct has actually occurred, and whether or not the person seeking information has been assaulted, accused of an act of sexual misconduct, or is a third-party.

The degree to which confidentiality can be protected depends upon whether Lyon College has a legal duty to respond to the allegations and the professional role of the person consulted. The scope of confidentiality should be addressed by that professional person before specific facts are disclosed. The following Lyon College personnel are available to assist victims in this process:

Director of Human Resources
Vice President for Student Life and Dean of Students
Director of Campus Life

Formally Reporting An Act of Sexual Misconduct

Victims of sexual misconduct or anyone who believes in good faith that he/she knows of a member of Lyon College’s community who is a victim of sexual misconduct, are encouraged to make formal report to the designated campus administrator,  local law enforcement, or (anonymously and confidentially) via the Campus Conduct Hotline at 866-943-5787. 

Confidentiality of Information

Lyon College will make reasonable effort to preserve the privacy of an individual who makes a report under this policy and to protect the confidentiality of the information reported. The degree to which confidentiality can be protected, however, depends upon the College’s legal duty to respond to the information reported and the professional role of the person being consulted. The professional being consulted should make these limits clear before the disclosure of any facts.

As required by the Clery Act, all disclosures to any Lyon College employee of an on-campus act of sexual misconduct are tabulated for statistical purposes without personal identifying information.

Policy Enforcement

Disciplinary Action

All reported alleged incidents of sexual misconduct will be reviewed and investigated.  If the evidence supports the allegation, the appropriate Lyon College judicial procedures will be initiated.  For proven violations, possible sanctions may include, but are not limited to, expulsion, suspension, removal from campus, and/or termination. Other members of  Lyon College’s community who are not subject to an explicit judicial procedure, upon a finding of a violation, shall be subject to adverse actions such as removal from campus, cancellation of contract or any other means necessary to address, remediate, and eradicate the behavior.

Non-Retaliation

The College will take steps to help ensure that Community Members who, in good faith, report suspected violations of sexual misconduct or violations of other college policies will be protected from retaliation in employment and/or academic practices at Lyon College.  Intimidation, retaliation, or discrimination against anyone for complaining about harassment, providing statements, or otherwise cooperating in any investigation of an alleged violation of this policy is prohibited.

Improper Conduct During an Investigation

Any individual who knowingly provides false information or who refuses to cooperate in an investigation related to this policy will be subject to disciplinary action, up to and including expulsion, suspension, termination, removal from campus, cancellation of contract or any other means necessary to address the behavior.

Insitutional Response

Public Information

All requests from the media, the campus community at large or the general public for information concerning an alleged incident of sexual misconduct should be directed to the Director of Marketing and Communication, Nichols Administration Building, 870-307-7242.  

Public Notification of Incidents

As required by law, Lyon College collects and annually reports statistical information concerning sexual misconduct occurring within its jurisdiction. To promote public safety, Lyon College also alerts the campus community to incidents of immediate concern as required by the Clery Act.

Complaint Procedure

Lyon College prohibits retaliation against any individual who reports an incident of sexual misconduct or cooperates with an investigation regarding such. 

Improper Conduct During an Investigation

Any individual who knowingly provides false information or who refuses to cooperate in an investigation related to this policy will be subject to disciplinary action, up to and including expulsion, suspension, termination, removal from campus, or cancellation of contract.

Education and Training

Sexual misconduct often is accompanied by a power imbalance. A sound sexual misconduct prevention training program prioritizes awareness directly tied to prevention.

Sexual misconduct prevention training is required for members of the Lyon College campus community according to the following schedule:

  • All faculty and staff, within six months of hire and biennially thereafter;
  • Key students, camp counselors and program leaders prior to performing their duties or participating in the qualifying activity.