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    New River Community College
   
 
  Sep 20, 2017
 
 
    
2017-2018 STUDENT HANDBOOK

Policies


Handbook Photo Header 


Appeal Process for Denial of Admission or Withdrawal for Convicted Sex Offender

When a convicted sex offender is denied admission to or is administratively withdrawn from classes at New River Community College, he/she may invoke the following appeal process:

  1. The applicant or withdrawn student will receive a letter from the Dean of Student Services stating his/her denial of admission or administrative withdrawal.
  2. The applicant/withdrawn student may write a letter of appeal to the Dean of Student Services in which he/she provides the following information:
    1. Disclosure of the nature of the offense for which he/she has been convicted;
    2. Justification for consideration of admission/ reinstatement;
    3. Statement acknowledging his/her understanding that his/her identity and status as a convicted sex offender will be publicized on the college campus in accordance with federal and state law if he/ she is admitted or reinstated.
      Note: If a student is appealing a denial of admission or an administrative withdrawal, he/she must submit the letter of appeal to the Dean of Student Services within seven (7) calendar days of the administrative withdrawal.
  3. A panel of three (3) full-time faculty or administrators will review the information submitted and make a decision by a simple majority vote within fourteen (14) calendar days of receiving the letter of appeal. The Dean of Student Services will serve as the convener of the panel and will be a member of the panel.
  4. The Dean of Student Services will inform the applicant/withdrawn student by letter of the decision of the appeals panel. The decision of the appeals panel shall be final.

Center for Disability Services Policies

Policies

It is the policy of New River Community College to assure that persons with disabilities are not discriminated against because of their disability and that they have equal access to educational opportunities.

I. General Information

  1. Definition of Disability
    A “person with a disability” is defined as a person who has or is regarded as having a physical or mental impairment that substantially limits one or more of the major life activities. This includes, but is not limited to such disabling conditions as visual impairment, psychological/emotional disabilities, speech and/or hearing impairment, mobility impairment or learning disabilities.
  2. Federal Law
    In accordance with federal law, a student will be considered to have a disability if the student:
    1. has a physical or mental impairment, or
    2. has a record of such impairment, or
    3. is regarded as having such an impairment which substantially limits one or more major life activities such as walking, seeing, hearing, speaking, breathing as well as learning, thinking, reading, concentrating, and communicating.

II. Compliance With Section 504 of The Rehabilitation Act of 1973 and The Americans With Disabilities Act (ADA) of 1990 as Amended In The ADA Amendments Act OF 2008 (ADAAA):

New River Community College personnel shall not deny access to any student with a disability, who is otherwise qualified for participation in any program or course because of a disability.

New River Community College policies prohibit discrimination under Section 504 and ADA in its educational programs, activities, or employment and admissions practices. Inquiries regarding Section 504 and ADA compliance may be directed to the EEO Officer at (540) 674-3600, ext. 4241 or mail to NRCC, Attn: EEO Officer, 5251 College Drive, Dublin, VA 24084.

III. Reasonable Accommodations

NRCC will provide reasonable accommodations to ensure that all programs and activities are accessible to students with disabilities. Reasonable and appropriate accommodations are determined on a case-by-case basis following a formal review of the documentation provided.

The College may refuse to provide an accommodation that is inappropriate or unreasonable, including any that:

  1. pose a direct threat to the health or safety of others;
  2. constitute a substantial change or alteration to an essential element of a course or program; pose undue financial or administrative burden on the College.

IV. Eligibility

To be eligible to receive services, a student must:

  1. Self-identify to the Center for Disability Services.
  2. Provide documentation including information sufficient to determine the impact of the disability on the student at the college level. Submission of supporting documentation must be made in a timely manner, allowing for reasonable processing time.
  3. Have the ability to fulfill essential functions and requirements of the academic program in which the student is enrolled, with or without the provision of reasonable accommodations.
  4. Meet regular admissions requirements for New River Community College.

V. Appeal/Grievance Rights

Students shall have the right to appeal/grieve decisions regarding compliance with these policies or the laws referred to in this policy, including the determination of eligibility or the provision of reasonable accommodations. The appeal/grievance procedures are set forth under PROCEDURES, Section VI.

VI. Confidentiality

Confidentiality will be maintained concerning the student’s disability, except as required by law, on a need-to-know basis, or where there is an imminent risk of harm to the student or others.

VII. Applicability and Accessible Format of College Policies

All college policies and procedures as well as other publications that are applicable to students with disabilities are available in the Center for Disability Services located in the Advising Center in Rooker Hall. All college policies and procedures shall be available in accessible formats.

VIII. Conformance To Law

This policy for the provision of services to students with disabilities shall be applied in conformance with current law. In the event of any conflict with local, state, or federal law, the relevant legal requirements will supersede the provisions of these policies which are in conflict with the amended or new legal requirements. Any policy-related terms which are not herein defined shall be defined by the relevant law or regulation adopted pursuant to Section 504 of the Rehabilitation Act and the Americans with Disabilities Act (ADA), as amended.

Procedures

I. Contact Office

The Center for Disability Services at New River Community College will serve as the Contact Office for students with disabilities. The office is located within the Advising Center in Rooker Hall. The contact person is Lucy Howlett, Coordinator of Disability Services, (540) 674-3619, lhowlett@nr.edu.

II. Informing Current Students and Potential Students About Support Services

  1. Descriptions of services available to students with disabilities will appear in the Student Handbook along with information about the appropriate Contact Office.
  2. The following statement will be sent to each student with his or her acceptance letter: “Any student who has a disability and is in need of reasonable accommodations should contact the Center for Disability Services (CDS) at (540) 674-3619.”
  3. Disability statement in Course Plan: “If you are a student with a disability and in need of accommodations for this course, please contact the Center for Disability Services (CDS) for assistance. CDS is located within the Advising Center in Rooker Hall.”
  4. NRCC Catalog

III. Application For Services

  1. Students must schedule an appointment with CDS staff to provide documentation of a disability and discuss requested accommodations.
  2. Documentation of a disability is the basis for providing accommodations. Sources of documentation need to substantiate a student’s disability as well as need for requested accommodations.
  3. Documentation may include but is not limited to:
    1. Student self-report,
    2. Observations by and interactions with CDS staff,
    3. Educational or psychological assessments,
    4. Audiological evaluation,
    5. Individual Education Plan (IEP) or 504 Plan,
    6. Medical Records.
      Third party documentation should include the following: (1) name, title, professional credentials of the evaluator (including license or certification as well as the area of specialization), place of employment, and state in which the individual practices, (2) description of tests, assessments or evaluations performed, (3) description of disability and basis of diagnosis, and (4) list of accommodations and/or auxiliary aids recommended to participate in post-secondary educational program.
  4. To apply for services, a student with a disability must contact the Center for Disability Services (CDS).

IV. Procedures For Using Reasonable Accommodations

Students must request Faculty Accommodation Notification forms from CDS at the beginning of each semester during which they wish to utilize accommodations. Specific classroom and testing accommodations will be communicated to the faculty member through this process. Arrangements for note takers, alternative format texts, adaptive/assistive technologies, etc. will be made by the staff in the CDS.*

*Students are encouraged to meet with their instructors at the beginning of each semester. At that time, the student should give the instructor a copy of the Faculty Accommodation Notification form and discuss specific accommodations and how they will be carried out.

  1. Testing Accommodations
    1. Students must request testing accommodations in writing to the CDS at least 72 hours prior to the scheduled test.
    2. All exams are to be scheduled at the same time as the class. Exceptions may be made only with the approval of the faculty member and CDS staff.
    3. Students must notify CDS staff, when scheduling exams, of specific accommodations that are required for each exam (i.e., reader, scribe, distraction-free space, double time and/or adaptive equipment). If CDS staff are not made aware of these needs, these accommodations will not be made available. For example, space for double time will not be available unless requested in advance.
    4. Faculty will provide tests to CDS, where they will be administered in accordance with written instructions from the instructor. After completion, the faculty member may pick up the test in the CDS or arrange for delivery under secure conditions.
    5. Proctors who act as readers or scribes will read test items or write responses exactly as given. Proctors will not provide additional information, interpretation, or definitions about test items unless specifically included as part of the accommodation provided to the student.
    6. All students, including those with disabilities, must abide by the academic and conduct policies as stated in the college catalog and the student code of conduct. If a student is suspected of cheating during an exam, the professor will be contacted and the student may lose testing privileges for that semester.
    7. If a change in test arrangements is necessary, students must notify CDS as soon as possible. CDS must have permission from the faculty member to change the day/time of a scheduled exam.
  2. Recording of Classes
    Students approved to record classes will be required to sign a Recording Agreement, available from CDS staff.
  3. Interpreters
    Interpreters are provided for classroom needs and off-campus college-related activities. Interpreters are nationally certified/or Virginia Quality Assurance Screened.
  4. Note taking
    Note taking services are provided as an academic support for students. Notes may be provided by peer volunteers, work-study students or by faculty through course materials.
  5. Aides/Personal Assistants
    The College does not provide personal assistants or services of a personal nature (including assistance with eating, toileting, dressing, or locomotion around campus).
  6. Equipment
    NRCC does not provide personal devices such as wheelchairs or individually prescribed devices such as hearing aids. Information on modified or specialized equipment available at the college may be obtained from the CDS.
  7. Building and Room Location
    When necessary, classes may be moved to an accessible location to accommodate a student with a mobility disability, or under documented special circumstances. This determination shall be made by the CDS staff in conjunction with the faculty member.
  8. Field Trips
    Field trips and field experiences for courses in which students with disabilities are enrolled must be made to accessible sites. If transportation is provided by NRCC, that transportation will be accessible. Alternative field trips/experiences may be offered unless the field trip or experience in question is an essential component of the course and no reasonable alternative exists.

V. Procedure For Disposition of Records

Confidential records will be maintained for a period of five (5) years from date of last attendance, after which they will be destroyed unless a student has provided written request for the confidential maintenance of records. Students who have requested accommodations but have not attended NRCC for a period of five (5) years, may need to provide new documentation.

VI. ADA Appeal/Grievance Procedure

New River Community College has adopted an internal procedure which provides for the prompt and equitable resolution of complaints alleging any action prohibited by the U. S. Department of Justice regulations implementing Title II of the Americans with Disabilities Act (ADA). Title II states, in part, that “no otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination” in programs or activities sponsored by a public entity.

Complaints should be addressed to: Lucy P. Howlett, ADA Coordinator, Center for Disability Services, (540) 674-3619, who has been designated to coordinate ADA compliance efforts.

  1. A complaint should be filed in writing, contain the name and address of the person filing it, and briefly describe the alleged violation of the regulations.
  2. A complaint should be filed within 10 workdays after the complainant becomes aware of the alleged violation where a specific incident or occurrence happened.
  3. An investigation, conducted by the ADA Coordinator as may be appropriate, and a meeting of the ADA Advisory Committee shall follow a filing of a complaint.
  4. A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the ADA Coordinator and Advisory Committee and forwarded to the complainant no later than 10 workdays after its filing.
  5. The ADA Coordinator shall maintain the files and records relating to the complaints filed.
  6. The complainant may request a reconsideration of the case in instances of dissatisfaction with the resolution. The request for reconsideration should be made within 10 workdays to the college’s EEO Officer. A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the EEO Officer and forwarded to the complainant within 10 workdays after the request for reconsideration.
  7. If a grievance is against the ADA Coordinator, the ADA Grievance Procedure shall be followed except the complaint should be filed with the college’s EEO Officer and the request for reconsideration should be filed with the President.
  8. The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by nor shall the use of this procedure be a prerequisite to the pursuit of other remedies*.
  9. These rules shall be construed to protect the substantive rights of interested persons to meet appropriated due process standards and to assure that New River Community College complies with the ADA and implementation of the regulations.

*Other remedies include the filing of an ADA complaint with the federal EEOC or other responsible federal agency. State employees may also file a complaint with the state EEO or initiate a grievance under the state grievance procedure.

Expressive Activity Policy

A. Purpose

The purpose of this policy is to set out the policy and procedures that will govern all expressive activities on campus.

B. Policy

  1. This policy applies to all buildings, grounds, and other spaces owned or controlled by the college. The term “expressive activity” includes:
  • Meetings and other group activities of students and student organizations;
  • Speeches, performances, demonstrations, rallies, vigils, and other events by students, student organizations, and outside groups invited by student organizations;
  • Distributions of literature, such as leafleting and pamphleting; and
  • Any other expression protected by the First Amendment to the U.S. Constitution.

This policy does not apply in instances when speakers, performers, groups, etc. are invited by the college or to external groups that arrange to use college space under the college’s polices/procedures for facility usage.

  1. College property is primarily dedicated to academic, student life and administrative functions. But it also represents the “marketplace of ideas,” and especially for students, many areas of campus represent a public forum for speech and other expressive activities. Colleges may place restrictions on expressive activities occurring indoors, but especially for students and student organizations, the outdoor areas of campus remain venues for free expression, including speeches, demonstrations, and the distribution of literature.
  2. Indoors or outdoors, colleges shall not interfere with the rights of individuals and groups to the free expression of their views or impermissibly regulate their speech based on its content or viewpoint. Nevertheless, colleges may establish reasonable time, place, and manner restrictions on expressive activity. Such restrictions must be content-neutral, narrowly tailored to serve a significant governmental interest, and allow ample alternative channels for communication of the information.
  3. No event or expressive activity shall be permitted to violate or hinder the rights of others within the campus community or substantially disrupt normal college operations.

C. Responsibilities

At NRCC, the Vice President for Instruction and Student Services is responsible. Inquiries regarding the policy may contact this individual.

D. Procedures for Reserving Campus Facilities

  1. If students, student organizations, or college employees desire to reserve campus facilities, they shall submit their requests to the administrative assistant in the Division of Arts and Sciences. Requests must be made with at least 48 hours’ notice.
  2. If individuals or organizations who are not members of the college community (i.e., not students, student organizations, or college employees) desire to reserve campus facilities, they must be sponsored by a recognized student organization or the college to conduct expressive activities or events on campus. These individuals or organizations should contact the Vice President for Instruction and Student Services if interested in being sponsored by the college.
  3. The college may assess appropriate fees for equipment and facility use to users who are not members of the campus community. Security fees may be assessed to defray the actual costs of providing security when the size of the audience may pose a risk to safety.
  4. Facilities available for use are available only during normal operating hours or as otherwise agreed in negotiation with appropriate college staff.
  5. Students, student organizations, and college employees may request to reserve campus facilities on a first-come, first-served basis. These requests may be denied for the following reasons only:
    1. The requested venue is an indoor facility that the college has designated as not available for expressive activity under section F of this policy;
    2. The requested venue is an indoor facility and the request conflicts with restrictions enacted pursuant to section D(4) of this policy;
    3. The venue is already reserved for another event ;
    4. The activity will attract a crowd larger than the venue can safely contain;
    5. The activity will substantially disrupt another event being held at a neighboring venue ;
    6. The activity will substantially disrupt college operations (including classes);
    7. The activity is a clear and present threat to public safety, according to the college’s police or security department;
    8. The activity will occur during college examination periods; or
    9. The activity is designed as for-profit activity;
    10. The activity is unlawful.
  6. During an event, the student, student organization, or college employee requesting the reservation is responsible for preserving and maintaining the facility it reserved. If it causes any damage to those facilities, the person(s) or organization (and its officers, if applicable) shall assume responsibility.
  7. When assessing a request to reserve campus facilities, the college will not consider the content or viewpoint of the expression or the possible reaction to that expression. The college will not impose restrictions on students, student organizations, or college employees due to the content or viewpoint of their expression or the possible reaction to that expression. In the event that other persons react negatively to a student’s, student organization’s, or college employee’s expression, college officials (including college police or security) shall take all necessary steps to ensure public safety while allowing the expressive activity to continue.

E. Spontaneous Expressive Activity

  1. For outdoor campus facilities and areas, students, student organizations, and their sponsored guests may freely engage in spontaneous expressive activities as long as they do not
    1. block access to campus buildings,
    2. obstruct vehicular or pedestrian traffic,
    3. substantially disrupt previously scheduled campus events,
    4. substantially disrupt college operations,
    5. constitute unlawful activity; or
    6. create a clear and present threat to public safety, according to the college’s police or security department.
  2. No indoor areas or facilities are available for spontaneous expressive activity.

F. Areas Not Available for Expressive Activity

The following indoor areas/facilities are not available for expressive activity:

  • Classrooms (during instructional hours)
  • Library
  • Administrative/business offices

G. Banners and Distribution of Commercial Materials

  1. Banners used in expressing speech should comply with the provisions of this policy and cannot be used to block, obstruct or otherwise deny access to any pedestrian or to block or obstruct vehicular traffic.
  2. Distribution of commercial advertising or the placement of commercial material is prohibited in the following areas:
    • Classrooms, computer rooms, laboratories, and other places where instruction takes place
    • Libraries
    • Administrative offices

Policy approval: July 17, 2014, by the NRCC President’s Staff

Disciplinary Procedures

Any person charged with an offense is entitled to due process and is considered innocent until proven otherwise.

  • Any student or employee of New River Community College may complete an incident report against a student or college employee.
  • All reports must be filed with the Student Activities Advisor. Blank incident reports may be obtained from the Student Activities Advisor, the Security Office in Godbey Hall and from the Student Advising Center in Rooker Hall.
  • Confidentiality will be maintained throughout the handling of the case.

Section One - Investigation 4

  1. When the Student Activities Advisor receives an Incident Report, he/she shall investigate the alleged violation. After completing the preliminary investigation, the Student Activities Advisor may:
    1. Dismiss the allegation as unfounded and take no further action.
    2. In cases where the Student Activities Advisor decides further action is warranted, the following actions will be taken. If the incident leads to possible disciplinary action against a student, procedures outlined in Step 3 and the following sections one through 10 apply. If the Incident Report is against a college employee, the Student Activities Advisor shall refer the student to the College’s Grievance Procedure.
    3. Determine the severity and nature of the problem.
    4. Summon the accused for a conference to evaluate the severity and dispensation of the allegation and
      1. proceed administratively if it is determined that the alleged violation is of a nature that the facts are not in dispute and can be handled by the Student Activities Advisor;
      2. proceed administratively if it is determined that the facts of the alleged violation are in dispute and must be further probed by the Student Activities Advisor; or
      3. prepare a formal complaint based on the allegation for use in disciplinary hearings along with a list of witnesses and documentary evidence supporting the allegations.
  2. The president of the college or designated representative may take immediate interim actions, suspend the right of a student to be present on the campus and to attend classes, or otherwise alter the status of a student for violation of rules, regulations, policies, or procedures when the student is a clear or present danger to himself or herself or others. The president shall afford the affected student an informal opportunity to discuss, prior to a formal hearing, possible extenuating circumstances.

Section Two - Summoning Students

  1. A student may be summoned to appear in connection with an alleged violation by the administration’s sending a certified letter addressed to the student at his or her address as it appears in the records in the Office of Admissions and Records or by other such means as are available and appropriate.
  2. The summons shall direct the student to appear at a specified time and place not less than three class days after the date of the letter. The letter shall also describe briefly the alleged violation and the name of the person making the allegation and shall state the Student Activities Advisor’s intention to handle the allegation as a disputed or non-disputed violation.
  3. The Student Activities Advisor may place on disciplinary probation a student who fails without good cause to comply with a certified letter of summons, or the Student Activities Advisor may proceed against the student under Sections Three and Four.

Section Three - Administrative Disposition of a Non-Disputed Violation

  1. When the facts are not in dispute, the Student Activities Advisor may administratively dispose of any violation.
  2. In administratively disposing of a violation, the Student Activities Advisor may impose any disciplinary action authorized by Section Ten.
  3. At a conference with the student in connection with an alleged violation, the Student Activities Advisor will advise the student of the charges against the student and of the process available for the student to respond to the charges.
  4. The Student Activities Advisor will prepare a written summary of each administrative disposition of a violation and forward a copy to the student, to the parents or guardian of an unmarried student who is under 18 years of age, and to other appropriate administrative personnel. (Discretion sometimes might call for modification of this listing; for example, emancipated juveniles.)
  5. A student may refuse administrative disposition of an alleged undisputed violation and on refusal is entitled to a hearing under Sections Five through Seven. If a student accepts administrative disposition, he or she shall sign a statement that he or she understands the nature of the charges and that the student waives the right to a hearing and the right to appeal.

Section Four - Administrative Disposition of a Disputed Violation

  1. At a conference with a student in connection with an alleged violation, the Activities Advisor shall advise the student of the disciplinary procedures to be followed in disposing of the matter.
  2. The Student Activities Advisor may administratively dispose of any violation if it is in the best interest of the college and the student concerned consents in writing to administrative disposition.
  3. In administratively disposing of a violation, the Student Activities Advisor may impose any disciplinary action authorized under Section Ten.
  4. If a student accepts administrative disposition of the alleged violation, the student shall sign a statement that he or she understands the violation charges, the right to a hearing, the penalty imposed, and the waiver of the right to appeal.
  5. A student may refuse administrative disposition of the alleged violation and on refusal is entitled to due process and a hearing under Sections Five through Seven.
  6. The Student Activities Advisor shall prepare a written summary of each administrative disposition of a violation and forward a copy to the student and to the parents or guardian of an unmarried student who is under 18 years of age (with the exception of emancipated juveniles), and to appropriate administrative personnel.

4 Major portions of Sections 1 - 10 come from Thomas Nelson Community College’s 1993-94 Catalog and Student Handbook.

Hearing

Section Five - Judiciary Panel

  1. When a student refuses administrative disposition of a violation, he or she is entitled to due process and a hearing before a Judiciary Panel. 5 A written request for a hearing must be made to the Student Activities Advisor on or before 6:00 p.m. the third class day following the administrative disposition under Sections Three and Four. For purposes of this code, Saturdays and Sundays are not defined as class days.
  2. The Judiciary Panel will consist of three faculty/staff members, and two student members. Panel members will be drawn from a list of faculty/staff members, and a list of students, chosen at random by the president or his designee. The student requesting the hearing, or the college, may object to a member or members of this Panel only for cause; no peremptory challenges will be allowed. The president or Vice President for Instruction and Student Services may assist in requesting randomly chosen faculty members to participate in a Judiciary Panel.
  3. The Judiciary Panel shall elect a chairperson. The chairperson of the Panel shall rule on the admissibility of evidence, motions, and objections to procedure; but a majority of the Panel members may override the chairperson’s ruling. All members of the Panel are eligible to vote in the hearing.
  4. The Student Activities Advisor shall represent the college before the Judiciary Panel and present evidence to support any allegations of violations of college policies and regulations, and/or administrative rules.

5 The purpose of the Judiciary Panel is to sit in judgement of disciplinary cases. The panel will decide, by at least a simple majority vote, as to the guilt beyond a reasonable doubt or the innocence of an accused student. The panel will also decide sanctions in accordance with the levels established. They will also consider extenuating circumstances and will listen to character witnesses if presented by the accused.

Section Six - Notice

  1. The chairperson of the Judiciary Panel shall set the date, time, and place for the hearing, and the Student Activities Advisor’s office will notify the student by certified letter of the date, time, and place of the hearing. This notice shall be sent within five class days of the receipt of the student’s request for a hearing. (See Section Six, E, for the content of the notice.)
  2. Copies of the incident report and NRCC Student Handbook will be forwarded to the five members of the Panel.
  3. The Student Activities Advisor or Panel chairperson may, for good cause, postpone the hearing so long as all interested parties are notified of the new hearing date, time, and place.
  4. The Judiciary Panel may hold a hearing at any time if the student has received actual notice of the date, time, and place of the hearing.
  5. The notice under A above shall:
    1. Specify the charge or charges being made.
    2. Be accompanied by a statement of the complaint which will include the identity of the person making the allegation.
    3. Direct the student to appear before the Panel on the date and at the time and place specified.
    4. Advise any un-emancipated juvenile of the right to have his or her parents or legal guardian present at the hearing.
    5. Advise a student of the right:
      1. to present his/her case;
      2. to be accompanied by a New River Community College advisor whose participation shall be limited to counseling the student and shall not include representation. There will be no parental, legal, or other “third party” interventions in any way concerning a student’s hearings at New River Community College (with the possible exception of unemancipated juveniles). Since each student is considered to be an adult and is held accountable for his/her own actions at the college, such interventions invade each student’s individual right to confidentiality during those procedures.
      3. to furnish documentary evidence in his/her behalf;
      4. to call witnesses in his/her behalf; and
      5. to confront witnesses against him/her.

Section Seven - Procedure

  1. The college may be represented by staff members of the Student Services Office or other persons designated by the president of the college. The chairperson shall provide reasonable opportunities for witnesses to be heard. Witnesses will be informed not to discuss the case, and that they will be called upon as needed.
  2. If the student fails to appear, the hearing will proceed.
  3. The Panel shall proceed generally as follows during the hearing:
    1. The Student Activities Advisor will furnish recording equipment, as the hearing will be recorded for as long as possible.
    2. The Student Activities Advisor or his or her designee reads the complaint.
    3. The Student Activities Advisor or his or her designee presents the college’s case. Any person giving testimony may be questioned by the student.
    4. The student presents his or her defense. Any person giving testimony may also be questioned by the Student Activities Advisor or his or her designee.
    5. The Student Activities Advisor or his or her designee and the student may present rebuttal evidence and argument.
    6. The Panel shall presume a student innocent of the alleged violation until the facts and information presented support a decision to the contrary. A student will be found in violation when the facts and information indicate that the student has more likely than not violated this Code of Conduct.
    7. All evidence shall be offered to the Panel during the hearing and made part of the hearing record.
    8. The Fifth Amendment does not apply in such hearings as they are administrative in nature, not criminal.
    9. Panel members may freely question witnesses at any time.
    10. The Panel will vote the issue of whether or not there has been a violation of this Code of Conduct. A simple majority vote decides all issues. If this Panel finds the student has violated this Code of Conduct, the Panel will recommend an appropriate penalty as stated in Section Ten.
    11. The Panel shall state in writing each finding of a violation and the penalty recommended. The decision of a simple majority of the members the Panel shall be submitted as the final decision of the Panel. Those members of the Panel concurring with the findings and recommendation shall sign the statement and forward it to the Student Activities Advisor or his or her designee. A minority report may be submitted by those Panel members who do not agree with the findings and recommendation.
    12. The Student Activities Advisor or his or her designee shall inform the student of the Panel’s decision and decide on a penalty, if appropriate.
  4. Legal rules of evidence do not apply to hearings before the Judiciary Panel. The Panel may admit any pertinent information and may exclude irrelevant, immaterial, and unduly repetitious evidence.

Section Eight - Record

  1. The hearing record shall include:
    1. A copy of the notice required under Section Six;
    2. All documentary and other evidence offered or admitted in evidence;
    3. Written motions, pleas, and any other materials considered by the Panel;
    4. The Panel’s finding; and
    5. A recording of the hearing.
  2. The hearing record will be forwarded to the Office of Student Activities where it will be securely maintained by the Student Activities Advisor.

Appeal

Section Nine - Petition For Administrative Review

  1. A student is entitled to appeal to the president of the college. If a notice of appeal is given, Student Activities Advisor or his or her designee shall send the record to the president on or before the tenth class day after the notice is given.
  2. The president of the college shall automatically review every penalty of expulsion.
  3. A petition shall contain the information required by Section Six. A student shall file a petition for appeal with the president of the college on or before the third class day after the Judiciary Panel announces its decision. The student retains the rights described in Sections Six and Seven.
  4. The student has the right to review the hearing record in the Student Activities Advisor’s office prior to the day of the appeal.
  5. The president shall take such action as determined to be appropriate at any time during the process.

Penalties

Section Ten - Authorized Disciplinary Penalties

  1. The Judiciary Panel may recommend and Student Activities Advisor, under Sections Three and Four, will determine and impose one or more of the following penalties for violation of this Code of Conduct:
  • Admonition
  • Instructor-Initiated Discipline
  • Restitution
  • Disciplinary Probation
  • Withholding of Transcript or Degree
  • Denial of Degree
  • Suspension
  • Emergency Suspension
  • Expulsion
  1. The following operational definitions apply to the penalties provided in Section Ten A.
    1. Admonition: An oral or written statement from the Student Activities Advisor to a student that he/she is violating or has violated college rules and may be subject to more severe disciplinary action.
    2. Instructor-Initiated Discipline: An instructor may give verbal notice to any student about classroom misconduct. If the misconduct continues, an instructor may dismiss the student from the classroom. An instructor may initiate a classroom misconduct charge through the Student Activities Advisor by completing an Incident Report form.
    3. Restitution: Required reimbursement for damage to or misappropriation of property. May include time given to the college in the form of community service as a condition of continued enrollment.
    4. Disciplinary Probation: Exclusion from participation in the privileges or extracurricular activities of the college, including the holding of any student office, for a period of time to be determined by the appropriate college officials, depending upon the offense. Indicates that further violations may result in suspension.
    5. Withholding of Transcript or Degree: Imposed upon a student who fails to pay a debt owed the college or who has a disciplinary case pending final disposition. The penalty terminates on payment of the debt or final disposition of the case.
    6. Denial of Degree: May be imposed on a student found guilty of scholastic dishonesty and may be imposed for any length of time up to and including permanent denial.
    7. Suspension: Exclusion from attending NRCC as a student for a period of from one semester to an indefinite period, depending upon the offense. Prohibits, during the period of suspension, the student on whom it is imposed from being initiated into any honorary or service organization; from entering the college campus except in response to an official summons; and from registering either for credit or for non-credit courses or other scholastic work through the college.
    8. Emergency Suspension: The president of the college or designated representative may take immediate interim actions, suspend the right of a student to be present on the campus and to attend classes, or otherwise alter the status of a student for violation of rules, regulations, policies, or procedures when the student is a clear or present danger to himself or herself or others. The president shall afford the affected student an informal opportunity to discuss, prior to a formal hearing, possible extenuating circumstances.
    9. Expulsion: Permanent severance from the college.

Grade Appeal Procedure

New River Community College is dedicated to an affirmative action policy which provides that all grade appeals will be handled fairly and equally without regard to race, color, sex, age, political affiliation, religion, handicap, national origin, or other non‑merit factors.

Time Limit: The grade appeal must be initiated within seven (7) scheduled class days according to the procedure below following the date grades are posted by the Office of Admissions and Records. Each level of procedure must be completed within the stipulated time limits.

Three steps delineate the procedure to be followed when a student is appealing a grade.

If, at any time in the process, students need help in interpreting the proper appeal procedure, they may consult an advisor for direction in following the procedure. During the proceedings, only the student (not family, friends, or attorneys) can be present.

I. Step I

A. Student

  1. The student initiating the appeal shall discuss it with the college employee involved. A dated memo from the student to the employee requesting a conference within seven (7) scheduled class days shall constitute proof of initiation.
  2. The student may request a New River Community College Advisor’s participation as a third party to discuss the appeal when the student judges that the personal conference with the college employee would be detrimental to resolving the problem.

B. Student/Employee

  1. Every reasonable effort should be made by all parties to resolve the matter at this step.

C. Employee

  1. Notification of the Step I decision shall be submitted in writing by the employee to the student within seven (7) scheduled class days of the student/employee conference.

II. Step II

A. Student

  1. If the student is unsatisfied after Step I, he/she may, postmarked within seven (7) scheduled class days, file a written appeal with the dean of the division in which the class is taught.

B. Dean

  1. Within seven scheduled class days of receipt of the written grievance, the dean will schedule and hold a conference with the student and the employee, separately or together.
  2. The dean, within seven scheduled class days after conference, shall prepare a report of the disposition of the matter with copies to the student and the employee.

II. Step III

A. Student

  1. If the student is unsatisfied with the disposition at Step II, he/she may, within seven (7) scheduled class days file a written appeal to the Vice President for Instruction and Student Services.

B. Vice President for Instruction and Student Services

  1. Within seven (7) scheduled class days after receipt of written appeal, the Vice President for Instruction and Student Services will select a Review Committee. 3
  2. The Vice President for Instruction and Student Services shall designate a chair of the committee.

C. Review Committee

  1. The chair of the Committee shall set a time and place for the hearing and notify every individual involved in an earlier step of the grievance.
  2. The hearing shall begin within 14 scheduled class days after the Review Committee has been designated. The hearing process should not involve more than three (3) consecutive scheduled class days.
  3. The Review Committee shall make its decision by a simple majority vote and communicate its findings in writing to the student, the employee, the dean, and the Vice President for Instruction and Student Services.

D. Vice President for Instruction and Student Services

  1. The Vice President for Instruction and Student Services then shall accept or reject in writing the findings of the Committee. Should the Vice President for Instruction and Student Services reject the findings, he/she shall do so only on the basis of the requirements of law and shall set forth the rationale for his/her action in writing.
  2. The Vice President for Instruction and Student Services shall provide a copy of the written decision to the student, the employee, the dean and Review Committee members. This decision shall be final and binding on both parties.

NOTE: This procedure may be delayed a semester if the availability of students or faculty is a problem.

3 The purpose of the Review Committee is to sit in judgement of the appeal. The members will decide, by at least a majority vote, to uphold, to modify, or reverse the decision made at Step II. The Review Committee will consist of two (2) faculty members, one (1) administrator, and three (3) students. Faculty members will be drawn from a pool of twenty (20) faculty names randomly drawn from the faculty roster. Administrative members, excluding the President and the Vice President for Instruction and Student Services, will be randomly drawn from the roster of administrators.

Legislation Regarding Admissions Policy

Section 23-2.2:1 of the Code of Virginia requires that the VCCS send enrollment information to the Virginia State Police concerning applicants to institutions of higher education. This information is transmitted electronically and compared against the Virginia Criminal Information Network and National Crime Information Center Convicted Sexual Offender Registry. Language on the web application informs applicants that their information is being transmitted to the State Police.

In the event that the State Police determine that an applicant to New River Community College is listed on the Sex Offender Registry, the State Police will notify NRCC. When the college receives such a notification, the following procedures apply:

  1. The applicant will be denied admission to NRCC in accordance with its admission policy as published in its catalog: Admission Denied/Revoked: Admission to the college, or to college functions or activities, may be denied or revoked to individuals who are unable to demonstrate safe and/or nondisruptive conduct.
  2. If the applicant registers for classes and becomes a student before the college receives notification from the State Police, the student will be immediately informed that he/she is being administratively withdrawn from classes and will receive a refund.
  3. An applicant may invoke his/her right to an appeal process.

Sexual Violence, Domestic Violence, Dating Violence, and Stalking Policy

A. Notice of Nondiscrimination

As a recipient of federal funds, New River Community College is required to comply with Title IX of the Higher Education Amendments of 1972, 20 U.S.C. §1681 et seq. (“Title IX”), which prohibits discrimination on the basis of sex in educational programs or activities, admission and employment. Under certain circumstances, sexual misconduct, sexual harassment, and similar conduct constitute sexual discrimination prohibited by Title IX. Inquiries concerning the application of Title IX may be referred to the College’s Title IX Coordinator or to the U.S. Department of Education’s Office for Civil Rights. The Title IX Coordinator is Mrs. Amy Hall, whose office is located at Godbey Hall Room 02A and may be contacted by phone at 540-674-3600, x4211 or by email at ahall@nr.edu.

B. Policy

New River Community College is committed to providing an environment that is free from harassment and discrimination based on any status protected by law. This Policy supplements the following general policy statement set forth by the Virginia Community College System: This institution promotes and maintains educational opportunities without regard to race, color, sex, ethnicity, religion, gender, age (except when age is a bona fide occupational qualification), disability, national origin, or other non-merit factors. This Policy also addresses the requirements under the Violence Against Women Reauthorization Act of 2013, (also known as the Campus SaVE Act).

This Policy is not intended to substitute or supersede related criminal or civil law. Individuals should report incidents of sexual and domestic violence, dating violence, and stalking to law enforcement authorities. Criminal and civil remedies are available in addition to the potential remedies that the College may provide.

C. Purpose

The purpose of this Policy is to establish that the College prohibits discrimination, harassment, sexual assault, domestic violence, dating violence, stalking, and retaliation and to set forth procedures by which such allegations shall be filed, investigated and resolved.

D. Applicability

This Policy applies to all campus community members, including students, faculty, staff and third parties, e.g., contractors and visitors. Conduct that occurs off campus can be the subject of a complaint or report and will be evaluated to determine whether it violates this Policy, e.g. if off-campus harassment has continuing effects that create a hostile environment on campus.

E. Definitions

Advisor: An individual who provides the complainant and respondent support, guidance, or advice. Advisors may be present at any meeting or hearing, but may not speak directly on behalf of the complainant or respondent.

Complainant: A complainant refers to an individual who believes that they have been the subject of a violation of this Policy and files a complaint against a faculty, staff member or student.

Consent: Any sexual activity or sex act committed against one’s will, by the use of force, threat, intimidation, or ruse, or through one’s mental incapacity or physical helplessness is without consent. Consent is knowing, voluntary, and clear permission by word or action, to engage in mutually-agreed upon sexual activity. Silence does not necessarily constitute consent. Past consent to sexual activities, or a current or previous dating relationship, does not imply ongoing or future consent. Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). An individual cannot consent who is under the age of legal consent. The existence of consent is based on the totality of the circumstances, including the context in which the alleged incident occurred.

Mental incapacity means that condition of a person existing at the time which prevents the person from understanding the nature or consequences of the sexual act involved (the who, what, when, where, why, and how) and about which the accused knew or should have known. This includes incapacitation through the use of drugs or alcohol. Intoxication is not the same as incapacitation.

Physical helplessness means unconsciousness or any other condition existing at the time which otherwise rendered the person physically unable to communicate an unwillingness to act and about which the accused knew or should have known. Physical helplessness may be reached through the use of alcohol or drugs.

Dating Violence: Dating violence is violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury committed by a person who is or has been in a close relationship of a romantic or intimate nature with the other person. The existence of such a relationship shall be determined based on a consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.

Domestic Violence: Domestic violence is violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury and that is committed by a person against such person’s family or household member, which includes a current or former spouse a person with whom the victim shares a child in common, or who is cohabitating with or has cohabitated with the person as a spouse or intimate partner.

Respondent: A respondent refers to the individual who has been accused of violating this Policy.

Responsible Employee: A responsible employee is one designated for purposes of initiating notice and investigation of alleged violations of this Policy. A responsible employee also is any employee who a person reasonably believes is a responsible employee. Responsible employees are required to forward all reports of violations of this Policy to the appropriate Title IX Coordinator.

Sex Discrimination: Sex discrimination is the unlawful treatment of another based on the individual’s sex that excludes an individual from participation in, denies the individual the benefits of, or otherwise adversely affects a term or condition of an individual’s employment, education, or participation in college program or activity.

Sexual Assault: Sexual assault is defined as the intentional sexual contact with a person against that person’s will by the use of force, threat, or intimidation, or through the use of a person’s mental incapacity or physical helplessness. Sexual assault includes intentionally touching, either directly or through clothing, of the victim’s genitals, breasts, thighs, or buttocks without the person’s consent, as well as forcing someone to touch or fondle another against his or her will. Sexual battery is a type of sexual assault.

Sexual Exploitation: Sexual exploitation occurs when a student takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to invasion of sexual privacy; prostituting another person; non-consensual video or audio-taping of sexual activity; going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex); engaging in voyeurism; exposing one’s genitals in nonconsensual circumstances; inducing another to expose their genitals, and knowingly transmitting HIV or an STD to another.

Sexual Harassment: Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Sexual harassment shall be considered to have occurred in the following instances:

Quid Pro Quo: The submission to or rejection of such conduct is used as the basis for educational or employment decisions affecting the student or employee either explicitly or implicitly;
or
Hostile Environment: Conduct so severe, pervasive, and objectively offensive that it undermines and detracts from an employee’s work performance or a student’s educational experience.

Sexual Misconduct: Sexual misconduct encompasses a range of behavior used to obtain sexual gratification against another’s will or at the expense of another. Sexual misconduct includes sexual harassment, sexual assault, sexual exploitation, and sexual violence.

Sexual Violence: Sexual violence is any intentional physical sexual abuse committed against a person’s will. Sexual violence includes rape, sexual assault, and sexual battery.

Stalking: Stalking occurs when someone, on more than one occasion, engages in conduct directed at another person with the intent to place, or knows or reasonably should know that the conduct places that other person in reasonable fear of death, criminal sexual assault, or bodily injury to that other person or to that other person’s family or household member.

Third Party: A third party refers to any other participant in the process, other than the complainant or respondent, who makes a report on behalf of someone else. A third party could also include a witness to the incident.

F. Retaliation

Any form of retaliation, including intimidation, threats, harassment, and other adverse action taken or threatened against any complainant or person reporting a complaint alleging a violation of this Policy, or any person cooperating in the investigation of allegations of violations of this Policy, to include testifying, assisting or participating in any manner in an investigation pursuant to this Policy and the resolution procedures is strictly prohibited by this Policy. Action is generally deemed adverse if it would deter a reasonable person in the same circumstances from opposing practices prohibited by this Policy. Retaliation may result in disciplinary or other action independent of the sanctions or interim measures imposed in response to the underlying allegations of violations of this Policy.

G. Reporting Incidents

  1. Members of the campus community who believe they have been subjected to any of these crimes should immediately report the incident to campus or local police. All emergencies or any incident where someone is in imminent danger should be reported immediately to campus police/security or local police by dialing 911.
  2. Whether or not a report is made to law enforcement, members of the campus community should report alleged violations of this Policy to the Title IX Coordinator during normal business hours. The Title IX Coordinator is solely responsible for overseeing the prompt, fair, and impartial investigation and resolution of complaints filed with the College. To help ensure a prompt, fair, and impartial investigation and resolution, individuals are encouraged to complete a Complaint Form, found in Appendix A. The written complaint will be submitted to the Title IX Coordinator. Although strongly encouraged, a complainant is not required to submit a complaint on the Complaint Form or in writing.

New River Community College
Title IX Campus Resources

Title IX Coordinator: Amy Hall

Godbey Hall Room 56
540-674-3600, x4211
ahall@nr.edu

Deputy Title IX Coordinator: Peter Anderson (if applicable)

Edwards Hall Room 253
540-674-3607
ptanderson@nr.edu

After normal business hours, members of the campus community should report alleged violations of this Policy to any college security officer. The Security Office is located in Godbey Hall Room 84, and officers may be reached by phone by dialing 540-674-3646 or emailing nrsecurity@nr.edu.

  1. There is no time limit for filing a complaint with the College. However, complainants should report possible violations of this Policy as soon as possible to maximize the College’s ability to respond effectively. Failure to report promptly could result in the loss of relevant evidence and impair the College’s ability to adequately respond to the allegations.

H. Handling of Reports and Investigations

The Title IX Coordinator will assist members of the campus community in reporting incidents to law enforcement authorities upon request. Members of the campus community may decline to notify law enforcement authorities if they wish. The College will comply with all requests for cooperation by the campus police or local law enforcement in investigations. The College may be required to suspend the Title IX investigation while the campus police or the local law enforcement agency gathers evidence. The College will resume its Title IX investigation as soon as the campus police or local law enforcement agency has completed gathering evidence. Otherwise, the College’s investigation will not be precluded or suspended on the grounds that criminal charges involving the same incident have been filed or that charges have been dismissed or reduced.

I. Confidentiality and Anonymous Reports

  1. Individuals may be concerned about their privacy when they report a possible violation of this Policy. The College has a responsibility to end conduct that violates this Policy, prevent its recurrence, and address its discriminatory effects. For this reason, some College employees may not keep secret any report of sexual violence, domestic violence, dating violence, or stalking. The College expects employees to treat information they learn concerning incidents of reported violations of this Policy with respect and with as much privacy as possible. College employees must share such information only with those College and law enforcement officials who must be informed of the information pursuant to this Policy.
  2. Responsible employees must report all alleged violations of this Policy to the Title IX Coordinator. Other campus employees have a duty to report sexual assault, domestic violence, dating violence, and stalking for federal statistical reporting purposes (Campus Security Authority (CSA) under the Clery Act). CSAs include student/conduct affairs personnel, campus law enforcement, local police, student activities staff, human resources staff, and advisors to student organizations. Reports received by the College concerning the abuse of a minor must be reported in compliance with state law.
  3. If a complainant wishes to keep the report confidential, it is recommended that he or she reports the alleged conduct to someone with a duty to maintain confidentiality, e.g., mental health Advisor or clergy. Employees may contact the Employee Assistance Program. If the complainant requests that the complainant’s identity is not released to anyone else, the College’s ability to investigate and take reasonable action in response to a complaint may be limited. In such cases, the College will evaluate the request(s) that a complaint remain confidential in the context of the College’s commitment to provide a reasonably safe and non-discriminatory environment. In order to make such an evaluation, the Title IX Coordinator may conduct a preliminary investigation into the alleged violation of this Policy and may weigh the request(s) against the following factors:
    • The seriousness of the allegation(s);
    • The complainant’s or alleged victim’s age;
    • Whether there have been other similar complaints of against the same respondent;
    • The respondent’s right to receive information about the allegations if the information is maintained by the College as an “education record” under FERPA; and
    • The applicability of any laws mandating disclosure.

Therefore, the College may pursue an investigation even if the complainant requests that no action is taken and the College will not be able to ensure confidentiality in all cases. The College will notify the complainant in writing when it is unable to maintain confidentiality or respect the complainant’s request for no further action.

  1. The College will accept anonymous reports, but it will be limited in its ability to investigate and take reasonable action. The College must have sufficient information to conduct a meaningful and fair investigation. A respondent has a right to know the name of the complainant and information regarding the nature of the allegations in order to defend against the complaint.

The College, when reasonably available and when requested, may arrange for changes in academic, parking, transportation, or work arrangements after an alleged violation of this Policy. When such accommodations are provided, the College will protect the privacy of the complainant to the extent possible while still providing the accommodation.

J. Amnesty

The College encourages the reporting of incidents that violate this Policy. The use of alcohol or drugs should not be a deterrent to reporting an incident. When conducting the investigation, the College’s primary focus will be on addressing the alleged misconduct and not on alcohol and drug violations that may be discovered or disclosed. The College does not condone underage drinking; however, the College will extend limited amnesty from punitive sanctioning in the case of drug or alcohol use to complainants, witnesses, and others who report incidents, provided that they are acting in good faith in such capacity. The College may provide referrals to counseling and may require educational options, rather than disciplinary sanctions, in such cases.

K. Timely Warnings

The College is required by federal law to issue timely warnings for reported incidents that pose a substantial threat of bodily harm or danger to members of the campus community. The College will ensure, to every extent possible, that an alleged victim’s name and other identifying information is not disclosed, while still providing enough information for members of the campus community to make decisions to address their own safely in light of the potential danger.

L. Interim Measures

  1. Prior to the resolution of a complaint, the College may suspend or place on disciplinary or administrative leave the respondent when it is determined that the respondent’s continued presence on campus threatens the safety of an individual or of the campus community generally; may hamper the investigation into the alleged misconduct; or is necessary to stop threatening or retaliatory contact against the complainant or complainant’s witnesses. The College shall provide advance notice of such measures, except in cases where the individual’s presence constitutes a threat. In all cases, however, the College shall notify individuals subject to these interim measure(s) in writing of the specific facts and circumstances that make such interim measure(s) necessary and reasonable. Individuals subject to proposed interim measures shall have the opportunity to show why such measure(s) should not be implemented.
  2. Notwithstanding the above, the College may impose a “no contact” order on each party, requiring the parties to refrain from having contact with one another, directly or through proxies, whether in person or by electronic means. The College also will enforce orders of protection issued by courts on all College property to the extent possible.
  3. The College may implement other measures for either the complainant or the respondent if requested, appropriate, and reasonably available, whether a formal complaint has been filed or whether an investigation by either campus administrators or law enforcement agencies has commenced. Such measures may include, but are not limited to, course schedule adjustments, reassignment of duty, changing work arrangements, changing parking arrangements, rescheduling class work, assignments, and examinations, and allowing alternative class or work arrangements, such as independent study or teleworking.

M. Sexual and Domestic Violence Procedures

Anyone who has experienced sexual violence, domestic violence, dating violence, or stalking should do the following:

  • Safely find a place away from harm.
  • Call 911 or if on campus, contact campus police/security.
  • Call a friend, a campus advocate, a family member or someone else you trust and ask her or him to stay with you.
  • Go to the nearest medical facility/emergency room.
  • If you suspect that you may have been given a drug, ask the hospital or clinic where you receive medical care to take a urine sample. The urine sample should be preserved as evidence. “Rape drugs,” such as Rohypnol and GHB, are more likely to be detected in urine than in blood
  • For professional and confidential counseling support, call the Virginia Family Violence & Sexual Assault Hotline at 1-800-838-8238. Help is available 24 hours a day.
  • You should take steps to preserve any physical evidence because it will be necessary to prove criminal domestic violence, dating violence, sexual assault, or stalking, or to obtain a protective order.
    • Do not wash your hands, bathe, or douche. Do not urinate, if possible.
    • Do not eat, blow your nose, drink liquids, smoke, or brush your teeth if oral contact took place.
    • Keep the clothing worn when the incident occurred. If you change clothing, place the worn clothing in a paper bag.
    • Do not destroy any physical evidence that may be found in the vicinity of the incident by cleaning or straightening the location of the crime. Do not clean or straighten the location of the crime until law enforcement officials have had an opportunity to collect evidence.
    • Tell someone all the details you remember or write them down as soon as possible.
    • Maintain text messages, pictures, online postings, video and other documentary or electronic evidence that may corroborate a complaint.

N. Written Notification of Rights and Options

Any student or employee who reports an incident of sexual assault, domestic violence, dating violence, or stalking, or who is accused of committing such acts, whether the incident occurred on or off campus, shall receive a written explanation of their rights and options related to changes in academic, parking, and working arrangements, when requested and when reasonably available.

O. Support Services

  1. All students and employees will receive information in writing of available counseling, health, mental health, victim advocacy, legal assistance, and other services available in the community and on campus.
  2. For more information about available resources, see the Student Handbook (Services and Resources  ) or go to NRReady.

P. Education and Awareness

  1. The College conducts a program to educate students and employees about this Policy and its procedures. The education and awareness program is designed to promote awareness of sexual violence, domestic violence, dating violence, and stalking.
  2. Incoming students and new employees must take part in a mandatory primary prevention and awareness program. The program, at a minimum, shall include:
    • A statement that the College prohibits the offenses of domestic violence, dating violence, sexual assault, and stalking;
    • The definition of domestic violence, dating violence, sexual assault, and stalking;
    • The definition of consent;
    • Safe and positive options for bystander intervention that may be carried out by an individual to prevent harm or intervene when there is a risk of domestic violence, dating violence, sexual assault, or stalking against a person other than such individual;
    • Information on risk reduction to recognize warning signs of abusive behavior and how to avoid potential attacks;
    • Information on possible sanctions, procedures to follow after an incident of sexual violence, domestic violence, dating violence or stalking, disciplinary procedures, and the protection of confidentiality; and
    • Written notification about available resources and services, and options for academic and work accommodations, if requested and reasonably available.
  3. The College also conducts an ongoing prevention and awareness campaign for all students and employees. The campaign shall include, at a minimum, the information provided to incoming students and new employees.

Q. Resolution of Complaints

  1. The College has an obligation to provide prompt, fair, and impartial investigation and resolution of alleged violations to this Policy and is committed to so doing. Title IX Coordinator(s), investigators, and hearing officials must receive annual training on sexual violence, domestic violence, dating violence, and stalking, and the conduct of investigations and hearings. The College may resolve complaints either by an informal or formal resolution process.
  2. The parties may agree to proceed under the informal resolution process in matters not involving sexual violence, domestic violence, dating violence, or stalking. The formal resolution process will be applied (i) when any party that participated in the informal resolution process chooses to terminate the process, and (ii) to all matters that are not eligible for informal resolution.

R. Formal Resolution Process

  1. Complainant’s Initial Meeting with the Title IX Coordinator. As soon as is practicable, the Title IX Coordinator will contact the complainant to schedule an initial meeting. If the complainant is not the alleged victim, the Title IX Coordinator also will contact the alleged victim as soon as possible to schedule an initial meeting. The complainant may be accompanied by an advisor of his or her choosing. At this initial meeting, the Title IX Coordinator will:
    1. Provide the complainant a copy of this Policy;
    2. Provide the complainant with a Complaint Form, if necessary;
    3. Provide a written explanation of the complainant’s rights and options related to changes in academic, parking, and working arrangements;
    4. Explain avenues for formal resolution and informal resolution of the complaint;
    5. Explain the steps involved in an investigation;
    6. Discuss confidentiality standards and concerns with the complainant;
    7. Determine whether the complainant wishes to pursue a resolution (formal or informal) through the College or no resolution of any kind;
    8. Refer the complainant to campus and community resources, as appropriate; and
    9. Discuss with the complainant, as appropriate, possible interim measures that may be taken or provided when necessary during the pendency of the investigative and resolution processes.
  2. Respondent’s Initial Meeting with the Assigned Title IX Coordinator. As soon as is reasonably practicable, the Title IX Coordinator will schedule an initial meeting with the respondent. The respondent may be accompanied by an advisor of his or her choosing. During the initial meeting with the respondent, the Title IX Coordinator will:
    1. Provide the respondent, in writing, sufficient information to allow him or her to respond to the substance of the allegation;
    2. Provide the respondent a copy of this Policy;
    3. Provide a written explanation of the respondent’s rights and options related to changes in academic, parking, and working arrangements;
    4. Explain the College’s procedures for formal resolution and informal resolution of the complaint;
    5. Explain the steps involved in an investigation;
    6. Discuss confidentiality standards and concerns with the respondent;
    7. Discuss non‐retaliation requirements;
    8. Inform the respondent of any interim measures that may be imposed on the respondent;
    9. Refer the respondent to campus and community resources, as appropriate; and
    10. Discuss with the respondent, as appropriate, possible interim measures that can be provided to the respondent during the pendency of the investigative and resolution processes.
  3. Title IX Coordinator’s Initial Determination.
    1. The College shall conduct an investigation of the complaint unless (i) the complainant does not want the College to pursue the complaint and the Title IX Coordinator has determined that the College can honor the request; (ii) it is clear on its face and based on the Title IX Coordinator’s initial meetings with the parties that no reasonable grounds exist for believing that the conduct at issue constitutes a violation of this Policy. The Title IX Coordinator will consider the following factors in determining whether it is reasonable to investigate the complaint: the source and nature of the information; the seriousness of the alleged incident; the specificity of the information; the objectivity and credibility of the source of the information; and whether the individuals allegedly subjected to the conduct can be identified.
    2. In the event that the Title IX Coordinator determines that an investigation of the complaint should not be conducted, he or she will document (in consultation, as necessary, with the complainant, respondent, and other College officials) the appropriate resolution of the complaint and inform the parties of the same. The Title IX Coordinator shall provide specific and clear written reason(s) why an investigation should not be conducted. The Title IX Coordinator shall provide the determination that the College will not investigate the matter to the complainant and the respondent, concurrently, within five (5) workdays of the completion of the initial meetings. This decision is final.
  4. Appointment of the Investigator and Conduct of the Investigation.
    1. If the Title IX Coordinator determines that an investigation should be conducted, he or she will appoint an investigator within five (5) workdays of the completion of the initial meetings. The Title IX Coordinator will share his or her name and contact information with the complainant and respondent and will forward the complaint to the investigator. Within three (3) workdays of such appointment, the investigator, the complainant or the respondent may identify to the Title IX Coordinator in writing any potential conflict of interest posed by assigning such investigator to the matter. The Title IX Coordinator will consider such statements and will assign a different individual as investigator if it is determined that a material conflict of interest exists.
    2. The investigator will contact the complainant and respondent promptly. In most cases, this should occur within three (3) workdays from the date of the investigator’s appointment or the conclusion of the informal resolution process, whichever is later. The investigator will schedule meetings with the parties. The parties may provide supporting documents, evidence, and recommendations of witnesses to be interviewed during the course of the investigation. Each party may have one advisor present during any meeting with the investigator; however, the advisor may not speak on the party’s behalf.
    3. In the conduct of the investigation, the investigator should weigh the credibility and demeanor of the complainant, respondent, and witnesses; the logic and consistency of the evidence, motives, and any corroborating evidence.
    4. The investigation of any alleged violation of this Policy should be completed within 60 days of the filing of the complaint or the date on which the College becomes aware of the alleged violation, unless good cause exists to extend the timeframe. If more time is necessary, the parties will be notified in writing and given the reason for the delay and an estimated time of completion.
    5. Both complainant and respondent will have the opportunity to review and respond to evidence obtained during the investigation. Each party also will have the opportunity to review and comment on the written investigative report within seven (7) workdays of receiving the report. The final written investigative report and the parties’ responses thereto shall be part of the record.
    6. The investigator will complete a written investigative report that includes summaries of all interviews conducted, photographs, descriptions of relevant evidence, the rationale for credibility determinations, summaries of relevant electronic records, and a detailed report of the events in question. The written investigative report shall include at minimum, the following information:
      • The name and gender of the complainant and, if different, the name and gender of the person reporting the allegation;
      • A statement of the allegation, a description of the incident(s), and the date(s) and time(s) (if known) of the alleged incident(s);
      • The date that the complaint or other report was made;
      • The date the respondent was interviewed;
      • The names and gender of all persons alleged to have committed the alleged violation;
      • The names and gender of all known witnesses to the alleged incident(s);
      • The dates that any relevant documentary evidence (including cell phone and other records as appropriate) was obtained;
      • Any written statements of the complainant or the alleged victim if different from the complainant;
      • The date on which the College deferred its investigation and disciplinary process because the complainant filed a law enforcement complaint and the date on which the College resumed its investigation and disciplinary process (if applicable); and
      • The outcome of the investigation.
    7. The investigator will forward the written investigative report to the Title IX Coordinator.

S. Determination of Title IX Coordinator and Corrective Action Report

  1. The Title IX Coordinator will determine whether there is a preponderance of the evidence to find that the respondent violated this Policy as alleged. In most cases, this should occur within five (5) workdays of receiving the written investigative report from the investigator. The “preponderance of the evidence” standard requires that the weight of the evidence, in totality, supports a finding that it is more likely than not that the alleged violation occurred.
  2. If the Title IX Coordinator finds that the evidence does not prove by a preponderance of the evidence that the respondent committed the alleged violation, the matter will be closed. The Title IX Coordinator will make the determination in writing and distribute the written investigative report with such finding to the complainant and the respondent concurrently. All parties to whom the written investigative report is distributed pursuant to this Policy should maintain it in confidence. Both the complainant and the respondent may appeal the finding under the procedure described below.
  3. If the Title IX Coordinator finds by a preponderance of the evidence that a violation of this Policy did occur, the Title IX Coordinator will make the determination in writing and distribute the written investigative report with such finding to the complainant and the respondent concurrently. All parties to whom the written investigative report is distributed pursuant to this Policy should maintain it in confidence. Both the complainant and the respondent may appeal the finding under the procedure described below.
  4. When the Title IX Coordinator finds that a violation has occurred, he or she also shall write a separate written corrective action report that will contain recommendations for steps that should be taken to prevent recurrence of any such violation and to remedy any discriminatory effects. If interim measures as described above have been taken, the written corrective action report shall include a recommendation regarding continuation, suspension or modification of any such interim measures. The Title IX Coordinator shall distribute the written corrective action report to the complainant and respondent concurrently. In most cases, the written corrective action report should be completed within five (5) workdays after the distribution of the written investigative report. The written investigative report and the corrective action report may be submitted concurrently. The Title IX Coordinator also shall provide the written investigative report and the written corrective action report to the appropriate College official, as described below.
  5. If the respondent is a student, the Title IX Coordinator will forward the reports to the Vice President for Instruction and Student Services. Within ten (10) workdays, the Vice President shall determine and impose appropriate sanctions, as described below. The respondent and the Title IX Coordinator shall receive written notification of sanction(s). When the respondent is a student, within five (5) workdays of receipt, the Title IX Coordinator may disclose to the complainant the sanctions imposed on the respondent that directly relate to the complainant as permitted by state and federal law, including the Federal Educational Rights and Privacy Act (FERPA) and the Virginia Freedom of Information Act, when such disclosure is necessary to ensure the safety of the complainant. The Title IX Coordinator also may disclose in writing to the complainant the final results of a disciplinary proceeding involving the respondent with regard to an alleged forcible or non-forcible sex offense, act of stalking, domestic violence or dating violence on the complainant, as permitted by state and federal law including FERPA and the Virginia Freedom of Information Act. The disclosure of final results must include only the name of the student, the violation committed, and any sanction imposed by the College against the student.
  6. If the respondent is an employee, the Title IX Coordinator will forward the reports to Human Resources Manager. Within ten (10) workdays, the President’s Staff member in the employee’s protocol shall determine and impose appropriate sanctions, as described below. The respondent and the Title IX Coordinator shall receive written notification of sanction(s). 1
  7. If the respondent is a third party, the Title IX Coordinator will forward the reports to Assistant to the President. Within ten (10) workdays, the Assistant to the President shall determine and impose appropriate sanctions, as described below. The respondent and the Title IX Coordinator shall receive written notification of sanction(s). The Title IX Coordinator may disclose to the complainant information as described above.
  8. The Title IX Coordinator will advise the respondent and the complainant of their right to appeal any finding or sanction in writing. The written notification also shall provide information on the appeals process. If the respondent does not contest the finding or recommended sanction(s), the  respondent shall sign a statement acknowledging such. The signed statement shall be part of the record.

1 The complainant shall not receive information that would constitute personnel records; however, the College will take appropriate steps as necessary to protect the safety of the complainant while also complying with state law and policy.

T. Informal Resolution

  1. After receiving a request from both parties to resolve the complaint with the informal resolution process, the Title IX Coordinator will appoint a College official to facilitate an effective and appropriate resolution. Within five (5) workdays of the appointment, the College official will request a written statement from the parties to be submitted within ten (10) workdays. Each party may request that witnesses are interviewed. Within ten (10) workdays of receiving the written statements, the College official will hold a meeting(s) with the parties and coordinate informal resolution measures. The College official shall document the meeting(s) in writing. Each party may have one advisor of his or her choosing during any meeting; however, the advisor may not speak on the party’s behalf.
  2. The informal resolution process should be complete within thirty (30) days in most cases, unless good cause exists to extend the timeframe. The parties will be notified in writing and given the reason for the delay and an estimated time of completion. Any party may request in writing that the informal resolution process be terminated at any time, in which case the formal resolution process will commence. In addition, any party can pursue formal resolution if he or she is dissatisfied with the proposed informal resolution.
  3. Any resolution of a complaint through the informal process must address the concerns of the complainant and the responsibility of the College to address alleged violations of the Policy, while also respecting the due process rights of the respondent. Informal resolution remedies might include mandatory education, counseling, written counseling by an employee’s supervisor, or other methods. The College official will provide the complainant and respondent with a copy of the final written report concurrently. The final written report shall include the nature of the complaint, a meeting(s) summary, the informal resolution remedies applied, and whether the complaint was resolved through the informal resolution process.
  4. There is no right of appeal afforded to the complainant or the respondent following the informal resolution process.

U. Sanctions & Corrective Actions

  1. The College will take reasonable steps to prevent the recurrence of any violations of this Policy and to correct the discriminatory effects on the complainant (and others, if appropriate). Sanctions for a finding of responsibility depend upon the nature and gravity of the misconduct, any record of prior discipline for similar violations, or both.
  2. The range of potential sanctions and corrective actions that may be imposed against a student includes but is not limited to the following: required discrimination or harassment education, a requirement not to repeat or continue the discriminatory, harassing, or retaliatory conduct, verbal or written warning, a no-contact order, written or verbal apology, verbal or written warning, probation, suspension, and dismissal from the College.
  3. Sanctions for faculty and staff shall be determined in accordance with the VCCS Policy Manual and the Department of Human Resource Management Standards of Conduct, respectively. Possible sanctions and corrective actions include required discrimination or harassment education, informal or formal counseling, reassignment, demotion, suspension, non-reappointment, and termination from employment.
  4. Third parties, e.g., contractors, will be prohibited from having access to the campus. Depending on the violation, this prohibition may be permanent or temporary.
  5. Title IX Coordinator will determine the final accommodations to be provided to the complainant, if any.
  6. Sanctions imposed do not take effect until the resolution of any timely appeal. However, sanctions may take effect immediately when the continued presence of an individual on campus may threaten the safety of an individual or the campus community, generally. Sanctions will continue in effect until such time as the appeal process is exhausted in such cases.

V. Appeals

Either the complainant or the respondent has the opportunity to appeal the outcome of the written investigative report or the sanction(s) recommended. Appeals shall be conducted in accordance with the applicable grievance procedures described in the Student Handbook, VCCS Policy Manual, and the Grievance Procedure Manual of the Department of Human Resource Management. Third parties may appeal to the President.

W. Academic Freedom and Free Speech

  1. This Policy does not allow censorship of constitutionally protected expression. Verbal or written communications, without accompanying unwanted sexual physical contact, is not sexual violence or sexual assault. Verbal or written communications constitute sexual harassment only when such communications are sufficiently severe, pervasive, and objectively offensive that they undermine and detract from an employee’s work performance or a student’s educational experience.
  2. In addressing all complaints and reports of alleged violations of this Policy, the College will take all permissible actions to ensure the safety students and employees while complying with any and all applicable guidance regarding free speech rights of students and employees. This Policy does not apply to curriculum, curricular materials, or abridge the use of particular textbooks.

X. False Allegations

Any individual who knowingly files a false complaint under this Policy, who knowingly provides false information to College officials, or who intentionally misleads College officials who are involved in the investigation or resolution of a complaint may be subject to disciplinary action, up to and including dismissal for students and termination of employment for faculty and staff. An allegation that cannot be proven by a preponderance of the evidence is not necessarily proof of knowingly filing a false complaint.

Y. Consensual Relationships

Consenting romantic and sexual relationships between faculty and students, although not expressly forbidden, are generally deemed unwise and are strongly discouraged. Consent by the student in such a relationship may be suspect, given the fundamentally asymmetric nature of the relationship. The relationship also may be viewed in different ways by each of the parties, particularly in retrospect. Furthermore, circumstances may change, and conduct that was previously welcome may become unwelcome.

Z. Record Keeping

The Title IX Coordinator shall maintain, in a confidential manner, for at least seven (7) years, paper or electronic files of all complaints, witness statements, documentary evidence, written investigative reports, written corrective action reports, sanctions, appeal hearings and associated documents, the responses taken campus personnel for each complaint, including any interim and permanent steps taken with respect to the complainant and the respondent, and a narrative of all action taken to prevent recurrence of any harassing incident(s), including any written documentation.

Student Activities Policy

The State Board encourages the development of a student activities program designed to promote educational and cultural experiences. Student activities are out-of-classroom activities that support the mission of the colleges and provide students avenues for personal growth and enrichment. Through participation in clubs and organizations, or other planned activities, students develop a wide range of abilities, including intellectual, communication, athletic, and leadership skills. Students develop self-confidence, interpersonal skills, and an appreciation for other cultures and lifestyles.

Finally, students develop a sense of integrity, purpose, and social responsibility that empowers them to be productive within and beyond the college community.

The State Board shall recognize and encourage honorary, scholastic, service organizations, and sports clubs that do not restrict membership based on race, color, gender, age, religion, disability, national origin, sexual orientation or other non-merit factors. Private clubs, private associations, social fraternities, and social sororities shall not be recognized by the VCCS. The following regulations and procedures apply to all student activity programs in the community colleges of the VCCS:

  1. The entire program of student activities shall be under college supervision.
  2. There shall be a faculty or staff sponsor for each student organization.
  3. All student activity funds shall be deposited with and expended through the college business office, subject to State Board policies, procedures, and regulations pertaining to such funds.
  4. Each college, with the approval of its local board, shall adopt its own regulations and procedures to implement the above policy.
  5. All student activity programs and recognized organizations must comply with the VCCS’s nondiscrimination policy, except as follows: Any recognized religious or political student organization shall be authorized to limit certain activities only to members who are committed to furthering the mission of such organization.

Such activities include ordering the organization’s internal affairs, selecting the organization’s leaders and members, defining the organization’s doctrines, and resolving the organization’s disputes.

Judiciary Policies and Procedures

Code of Conduct

As a member of the New River Community College Student Body,

I will act in a responsible manner with the utmost integrity at all times.

I will obey all college rules and regulations.

I will respect the rights and privileges of others.

Expectations

New River Community College students are expected to:

  • Demonstrate a positive attitude toward learning.
  • Maintain good attendance.
  • Report to class sessions on time.
  • Project a positive image.
  • Demonstrate respect for self and others.

Statement of Student Rights and Responsibilities

The statement of rights and responsibilities is designed to clarify those rights which students may expect to enjoy as members of the student body of a community college. It also defines the obligations which admission to the college places upon students.

Responsibilities and Rights

  1. Submitting an application for admission to a community college represents a voluntary decision on the part of the prospective student to participate in the programs offered by the institution pursuant to the policies, rules, and regulations of the State Board for Community Colleges and the New River Community College Student Code of Conduct. College approval of that application, in turn, represents the extension of a privilege to join the college community (faculty, students, and administration) and to remain a part of it so long as the student meets the required academic and behavior standards of the college.
  2. All students are guaranteed the privilege of exercising their rights without fear or prejudice. Such rights include the following:
    1. Students are free to pursue their educational goals through appropriate opportunities for learning in the classroom and on campus provided by the college through its curricular offerings.
    2. No disciplinary sanctions may be imposed upon any student without due process.
    3. Free inquiry, expressions, and assembly are guaranteed to all students provided their actions do not interfere with the rights of others or the safe and effective operation of the institution.
    4. Academic evaluation of student performance shall be neither arbitrary nor capricious.
    5. The college and members of the college community have the right to expect safety, protection of property, and the continuity of the educational process.

Student Conduct

Each student at NRCC is considered a responsible adult, and it is assumed that men and women of college age will maintain standards of conduct appropriate to membership in the college community. Emphasis is placed upon standards of student conduct rather than on limits or restriction of  students. Guidelines and regulations governing student conduct usually are developed by representatives of the students, faculty, counseling staff, and administration. The Student Code of Conduct is the set of standards that has been established as the guideline for the behavior of those in the student community. Failure to meet standards of conduct acceptable to the college may result in disciplinary action, depending upon the nature of the offense.

The Virginia Community College System guarantees to students the privilege of exercising their rights of citizenship under the Constitution of the United States without fear or prejudice. Special care is taken to assure due process and to spell out a defined route of appeal when students feel their rights have been violated.

Student Misconduct

General Principles

All members of the NRCC community are expected to:

  • Behave in an ethical and moral fashion, respecting the human dignity of all members of the NRCC community, and resisting behavior that may cause danger or harm to others through harassment, intimidation, bigotry, theft, or violence.
  • Adhere to the civil and criminal laws of the locality, state, and nation, and to regulations issued by NRCC.

NRCC reserves the right to take necessary and appropriate action to protect the safety and well-being of the campus community. Such action may include taking disciplinary action against those individuals whose behavior causes disruption or poses a risk of danger to others in the college  community.

The primary purpose for the imposition of such discipline is to foster the personal, educational, and social development of those students who are held accountable for violations of college regulations, to ensure the orderly functioning of the college, and to protect the college community and its integrity.

Specific Examples

Examples of misconduct for which students may be subject to disciplinary action, include, BUT ARE NOT LIMITED TO, the following:

  • Disruption or obstruction of teaching, research, administration, disciplinary proceedings, or other college activities, including its public service functions or other authorized activities of the college.
    Includes disruptive words (spoken or written), actions, dress, or any other form of disruptive behavior.
    Inappropriate classroom behavior is judged to be a disruption. The faculty member has responsibility for control of the classroom and may take steps to insure an orderly environment.
  • Commission of any criminal offense under federal, state, or local law.
  • Violation of, or failure to comply with, any college policy, rule or regulation.
  • Failure to comply with the directive of any person employed by the college in the performance of his/her duties.
  • Conducting oneself in a manner that endangers one’s own health or safety, or the health or safety of other persons.
  • Using intoxicants, or being intoxicated, anywhere on campus, at college sites, or at college functions.
  • Illegal possession, use, sale, or distribution of any quantity, whether usable or not, of any drug, narcotic, or controlled substance.
  • Inciting or participating in a disturbance, or a riot, or an unauthorized or disorderly assembly, on college-controlled property or at a college activity, resulting in the disruption or obstruction of college activities.
  • Violation of college policy and/or applicable laws on sexual misconduct.
  • Seizing, holding, commandeering, or damaging any property or facilities of the college, or threatening to do so.
  • Refusing to depart from any property or facilities of the college upon direction by college officials or other persons authorized by the president.
  • Physically detaining any person, or preventing any person from leaving any place where he/she is authorized to be, or removing any person from any place where he/she is authorized to remain.
  • Obstructing the free movement of persons or vehicles on college premises or at college activities.
  • Physical and/or psychological abuse or threat of such abuse of any person on college premises or at college activities. This includes hazing of any sort - either engaging in hazing or voluntarily submitting to hazing. Hazing” is defined as “To initiate or discipline (fellow students) by means of horseplay, practical jokes, and tricks, often in the nature of humiliating or painful ordeals.” Violation of this hazing prohibition renders the students involved and the organization subject to disciplinary action.
  • Frivolous and repetitive implementation of the disciplinary policy without merit.
  • Violations of course plan rules and policies.
  • Academic dishonesty.
  • Failure to obey NRCC’s computer use regulations and guidelines.
  • Refusal to identify oneself on college property or at a college site or event when asked to do so by a college employee acting in the performance of his/her duties.
  • Violation of campus and college fire regulations, i.e., failure to comply with emergency evacuation procedures, tampering with fire protection equipment, etc.
  • Possessing on college property or at any college activity any deadly or dangerous weapon. Law enforcement officials required to carry a firearm are exempt. See Policy on Weapons .
  • Violation of college policy by smoking or using any form of tobacco inside any college building.
  • Stealing, destroying, defacing, damaging, or misusing college property or property belonging to another.
  • Unauthorized entry into, presence in, or use of college buildings, facilities or equipment.
  • Forgery, alteration, or misuse of college documents, forms, or records.
  • Failure to meet financial obligations to the college, including issuance of a check to the college without sufficient funds.
  • Unauthorized selling, peddling, or soliciting on college-controlled property or at college activities.
  • Gambling in any form, holding a raffle, or lottery on the campus or at any college site or function without proper college or other necessary approval.
  • Violating any rule or regulation not contained within the official college publications but announced as policies or directives by a college official or other person authorized by the president.
  • Willfully encouraging others to commit any of the acts which have been herein prohibited.

In addition to any of the examples cited above, a non-serious crime is anything that constitutes a misdemeanor under the laws of the Commonwealth of Virginia. Non-serious crimes are equivalent to our Level II offenses. A serious crime is anything that constitutes a felony, or a misdemeanor crime involving moral turpitude, under the laws of the Commonwealth of Virginia. Serious crimes are equivalent to our Level III offenses.

Level of Offenses

LEVEL I - Disciplinary Probation: duration depends upon the offense. May include college service/ restitution as part of the sanction. More than one offense at Level I will automatically move the student to Level II.

Level I offenses include, BUT ARE NOT LIMITED TO, these examples:

  • Lying - misrepresentation of the truth.
  • Stealing - unauthorized possession or appropriation of another’s property if total worth of item or items is below $100.
  • Cheating - unauthorized communication of information before, during, and after an academic exercise. Plagiarism is included in this section. Instructor’s policy will also apply.
  • Disorderly conduct - behavior that disrupts the educational process of the college. Includes disruptive behavior.
  • Verbal abuse; threat of physical abuse; harassment: verbal/sexual.
  • Failure to comply with directions given by a college employee.
  • Careless damage to college property.
  • Intoxication.
  • Failure to pay debts to college (may result in blocked registration, transcript, etc.)
  • Violation of Information Technology Student/Patron Ethics Agreement .

LEVEL II - Suspension (one semester to indefinite, depending upon offense). More than one offense at Level II will automatically move the student to Level III.

Level II offenses include, BUT ARE NOT LIMITED TO, these examples:

  • Disorderly conduct - participating in/inciting a riot or unauthorized disorderly assembly (can be a Level III offense).
  • Sexual harassment (physical fondling/touching).
  • Endangering conduct.
  • Malicious damage to college property.
  • Illegal possession or use of any quantity, whether usable or not, of any drug, narcotic, or controlled substance.
  • Possession of intoxicants anywhere on campus, at college sites, or at college functions.

In addition to any of the examples cited above, non-serious crimes, that is, anything that constitutes a misdemeanor crime under the laws of the Commonwealth of Virginia, so long as it does not involve moral turpitude, is equivalent to our Level II offenses.

LEVEL III - Expulsion from college. Any serious crime, that is anything that constitutes a felony, or a misdemeanor crime involving moral turpitude, under the laws of the Commonwealth of Virginia, is considered an automatic Level III offense.

Level III offenses include, BUT ARE NOT LIMITED TO, these examples:

  • Disorderly conduct - participating in/inciting a riot or unauthorized disorderly assembly.
  • Physical/sexual assault.
  • Sale or distribution of any quantity, whether usable or not, of any drug, narcotic, or controlled substance.

Academic Honesty

Students will be expected to maintain complete honesty and integrity in their academic experiences. Any student found guilty of dishonesty in academic work is subject to disciplinary action.

The college may initiate disciplinary proceedings against a student accused of any form of academic dishonesty including, BUT NOT LIMITED TO, the following:

  • Copying from another student’s test paper or other academic work.
  • Using materials not authorized by the person giving the test.
  • Collaborating, without authority, with another student during an examination or in preparing academic work.
  • Knowingly using, buying, selling, stealing, transporting, or soliciting in whole or part, or possessing, the contents of an un-administered test.
  • Substituting for another student, or permitting another student to substitute for oneself, when taking a test or preparing other academic work.
  • Bribing or soliciting another person to obtain an un-administered test or information about an un-administered test.
  • Appropriating another’s work without acknowledging the incorporation of another’s work in one’s own written work (plagiarism). Webster’s Third International Dictionary defines plagiarism as follows:

Plagiarism - to steal and pass off as one’s own the ideas or words of another; to use without crediting the source; to present as new and original an idea or product derived from an existing source; to commit literary theft. New River Community College believes the following amplified definition 1 to be useful:

Language: Plagiarizing the words of another consists of copying single words without acknowledging your indebtedness to the author. A student’s dictation and phraseology should always be his or her own except where he or she clearly indicates otherwise. Obviously it is not dishonest to copy an author’s words in quotation marks and give credit to the source by footnoting or by acknowledging the source in the text of your paper. If you paraphrase a writer’s words, you must acknowledge your indebtedness.

Ideas and Thoughts: Give credit to the source of any opinion, idea, or conclusion not your own. For example, the statement “Emily Bronte, unlike her contemporaries, was not concerned with the social injustices of her time” is a conclusion derived from an extensive knowledge of nineteenth-century fiction. If you really have such knowledge, you can honestly draw such a conclusion, but if you have stolen the thought from a critic or other authority, you are plagiarizing. Another example, “Because Gray found new ways to be boring, people thought that he was a genius,” is merely a plagiarism of Samuel Johnson’s “He (Gray) was dull in a new way, and that made people think him great.”

Plagiarism at New River Community College will constitute a punishable offense, and the use of syndicated research papers, essays, work copied from any electronic or other source, constitutes a violation of this rule.

1 Virginia Tech

Student Information Release Policy

All requests for official information about students should initially be referred to the Coordinator of Admissions and Records. Student records are treated as confidential information as provided by THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA) as amended. Information from student records cannot be released (with very limited lawful exceptions) except to the student who may authorize release. Officials of the college may have access to student records when acting in the student’s educational interest and within the limitations of their need to know. These officials include faculty, academic advisors, and personnel in the offices of Admissions and Records, Advising Center, Financial Aid, Veterans Affairs, Vice President for Instruction and Student Services, and Threat Assessment Team.

Directory information including name, address, telephone number, major field of study, dates of attendance, course credit load, email address, participation in officially recognized activities and sports, weight and height of members of athletic teams, grade level, degrees, honors and awards received, photo and the most recent educational agency or institution attended may be released without the consent of the student.

A student may request that this information be kept confidential by notifying the Admissions and Records Office each semester by the last day of the Add/Drop period. Emergency requests for information will be handled by the Dean of Student Services in consultation with the Vice President for Instruction and Student Services or another appropriate college official.

The student has the right to inspect and review the information contained in his or her record. The student must submit a written request to the Admissions and Records Office and identify the records to be inspected. The Admissions and Records Office will then arrange a mutually convenient appointment for student inspection of records within 45 days of submission of the written request.

The student may also ask the College to amend a record believed to be inaccurate or misleading. If the College decides not to amend the record as requested by the student, the College will notify the student about the decision and advise the student of the right to a hearing regarding the request for amendment.

The student has the right to file a complaint concerning alleged failures by NRCC to comply with the requirements of FERPA. The name and address of the office that administers FERPA is Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue SW, Washington D.C., 20202-4605.

Student Grievance Procedure

Purpose Statement

New River Community College is dedicated to an affirmative action policy which provides that all grievances relating to students at the college, including grade appeals, will be handled fairly and equally without regard to race, color, sex, age, political affiliation, religion, handicap, national origin, or other non-merit factors.

Definitions

Student: Student is any person who is officially registered at New River Community College during the specific academic semester in which the grievance occurs.

Grievance: A grievance is a difference between a student and an employee of the college with respect to the application of the provisions of the rules, policies, procedures, and regulations of the college or the Virginia Community College System as this application affects the activities or status of each student. A grievance cannot be filed against a college employee unless an incident report has been filed with the Student Activities Advisor, has been reviewed by him/her and deemed worthy of further action. That is, all grievances must have merit. The filing of nuisance grievances intended to disrupt college operating processes and procedures will not be tolerated.

Time Limit: The grievance procedure must be initiated within seven (7) scheduled class days according to the procedure below following either the event giving rise to the grievance or following the time when the student reasonably should have gained knowledge of its occurrence. Each level of procedure must be completed within the stipulated time limits.

Procedure

Three steps delineate the procedure to be followed when a student is filing a grievance against an employee of the college.

If, at any time in the process, students need help in interpreting the proper appeal procedure, they may consult an advisor for direction in following the procedure. During the proceedings, only the student (not family or friends or attorney) can be present.

I. Step I

A. Student
  1. The student initiating the grievance shall discuss it with the college employee involved. A dated memo from the student to the employee requesting a conference within seven (7) scheduled class days after grades are postmarked at the end of the semester shall constitute proof of initiation.
  2. The student may request a New River Community College Advisor’s participation as a third party to discuss the issue when the student judges that the personal conference with the college employee would be detrimental to resolving the problem.
B. Student/Employee
  1. Every reasonable effort should be made by all parties to resolve the matter at this step.
C. Employee
  1. Notification of the Step I decision shall be submitted in writing by the employee to the student within seven (7) scheduled class days of the student/employee conference.

II. Step II

A. Student
  1. If the student is unsatisfied after Step I, he/she may, postmarked within seven (7) scheduled class days, file a written appeal with the employee’s supervisor.
B. Supervisor
  1. Within seven scheduled class days of receipt of the written grievance, the supervisor will schedule and hold a conference with the student and the employee, separately or together.
  2. The supervisor, within seven scheduled class days after conference, shall prepare a report of the disposition of the matter with copies to the student, the employee and the Vice President for Instruction and Student Services.

III. Step III

A. Student
  1. If the student is unsatisfied with the disposition at Step II, he/she may, within seven (7) scheduled class days file a written appeal to the Vice President for Instruction and Student Services.
B. Vice President for Instruction and Student Services
  1. Within seven (7) scheduled class days after receipt of written appeal, the Vice President for Instruction and Student Services will select a Review Committee. 2
  2. The Vice President for Instruction and Student Services shall designate a chair of the committee.
C. Review Committee
  1. The chair of the Committee shall set a time and place for the hearing and notify every individual involved in an earlier step of the grievance.
  2. The hearing shall begin within 14 scheduled class days after the Review Committee has been designated. The hearing process should not involve more than three (3) consecutive scheduled class days.
  3. The Review Committee shall make its decision by a simple majority vote and communicate its findings in writing to the student, the employee, the supervisor and the Vice President for Instruction and Student Services.
  4. Although it is not mandatory, the committee has the right to call the student before them.
D. Vice President for Instruction and Student Services
  1. The Vice President for Instruction and Student Services then shall accept or reject in writing the findings of the Committee. Should the Vice President for Instruction and Student Services reject the findings, he/she shall do so only on the basis of the requirements of law and shall set forth the rationale for his/her action in writing.
  2. The Vice President for Instruction and Student Services shall provide a copy of the written decision to the student, the employee, the supervisor and Review Committee members. This decision shall be final and binding on both parties.

NOTE: This procedure may be delayed a semester if the availability of students or faculty is a problem.

2 The purpose of the Review Committee is to sit in judgment of grievance cases. The members will decide, by at least a majority vote, to uphold, to modify, or reverse the decision made at Step II. The Review Committee will consist of three college employees and three student members. Faculty members will be drawn from a pool of twenty (20) faculty names randomly drawn from the faculty roster. Staff names will be drawn from a pool of twenty (20) staff names randomly drawn from the classified staff roster. Administrative members, excluding the president and the vice president for instruction and student services, will be randomly drawn from the  roster of administrators. If the grievance is against a faculty member, the employee representation shall include two (2) faculty members and one administrator. If the grievance is against a classified staff member, the employee representation shall include two (2) staff members and one administrator. If the grievance is against an administrator, the employee representation shall include one faculty member, one classified staff member and one administrator.

Substance Abuse Policy

Consistent with the guidelines provided by the Virginia State Council of Higher Education, it shall be the policy of New River Community College to find intolerable the illegal possession, use, manufacture, or distribution of drugs or other controlled substances by students or employees of the college. All actions consistent with the law and individual privacy rights will be taken by NRCC to eliminate the illegal use or abuse of drugs and alcohol on campus and to deal firmly, though fairly, with individuals found in violation of Virginia’s statutes and federal laws pertaining to such substances. The policy focuses upon the elements of enforcement, education and counseling, and referral.

The use or sale of illegal substances is a crime. The sale or distribution of alcoholic beverages to persons under 21 is prohibited. NRCC will cooperate with law enforcement authorities in enforcing current statutes. Students are further warned that illegal involvement with drugs or alcohol on campus will result in disciplinary action by the college above and beyond any criminal penalties. The disciplinary action may include suspension or dismissal from the college.

The college’s established procedure for student discipline would be applied to any student suspected of violating this drug and alcohol policy. If a suspected student is found guilty of the offense, the student would be subject to the following action:

  1. Dismissal from the college for being found guilty of selling illegal substances on campus;
  2. Suspension for being found guilty of the possession of illegal drugs on campus;
  3. Suspension for a student found guilty of the unauthorized possession of alcohol on campus;
  4. Suspension or probation period to be determined by the Judiciary Panel for a student who is in possession of alcohol on campus and/or exhibits unruly or disorderly conduct on the campus.
  5. Appropriate action will be taken when a student receives due process through the NRCC judiciary system.

Weapons Policy

  1. Purpose: The purpose of this policy is to promote a safe learning and working environment for all college locations by minimizing the risk of violence by use of a weapon. This policy provides rules and procedures for the possession of weapons on campus grounds, in campus buildings, and at campus events. It is consistent with the Regulation of Weapons adopted by the State Board for Community Colleges, Policy 3.14.6, Workplace Violence Prevention and Threat Assessment Policy Guidelines of the Virginia Community College System, and the laws and regulations of the Commonwealth of Virginia.
  2. Application: This policy applies to all faculty, staff, students, contractors, and visitors entering campus buildings or attending college-sponsored events
  3. Authority: The State Board for Community Colleges is authorized by Virginia Code §§ 23-215 and 23-217(g) to promulgate regulations for carrying out its responsibilities. State Board for Community Colleges Regulation 8VAC95-10-10 et seq. sets out prohibitions for weapons possession on all college campuses within the VCCS. College boards may approve policies consistent with guidelines set by the State Board for Community Colleges.
  4. Definitions:
    1. “Police officer” means law-enforcement officials appointed pursuant to Article 3 (§ 15.2-1609 et seq.) of Chapter 16 and Chapter 17 (§ 15.2-1700 et seq.) of Title 15.2, Chapter 17 (§ 23-232 et seq.) of Title 23, Chapter 2 (§ 29.1-200 et seq.) of Title 29.1, or Chapter 1 (§ 52-1 et seq.) of Title 52 of the Code of Virginia or sworn federal law-enforcement officers.
    2. “College property” means any property owned, leased, or controlled by a member college of the Virginia Community College System and the administrative office of the Virginia Community College System.
    3. “Weapon” means (i) any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material; (ii) any dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, slingshot, spring stick, metal knucks, or blackjack; (iii) any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain; (iv) any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart; or (v) any weapon of like kind, to include but not limited to, tasers. “Weapon” does not mean knives or razors used for domestic purposes, pen or folding knives with blades less than three inches in length, or knives of like kind carried for use in accordance with the purpose intended by the original seller.
  5. Policy:
    1. Possession or carrying of any weapon by any person, except a police officer, is prohibited on college property in academic buildings, administrative office buildings, student centers, child care centers, dining facilities and places of like kind where people congregate, or while attending any college-sponsored sporting, entertainment or educational events. Entry upon the aforementioned college property in violation of this prohibition is expressly forbidden.
    2. Faculty, staff, and students may not possess or carry any weapon anywhere on college property except as outlined in Section F of this policy.
    3. While inside the New River Community College NRV Mall site, students, employees and visitors are expected to adhere to the college’s code of conduct. Elsewhere in the mall, please note guidelines of behavior set forth by the management of New River Valley Mall Code of Conduct-
  6. Exceptions:
    1. Current sworn and certified local, state, and federal law enforcement officers with proper identification, may possess or carry a weapon on college property, inside all campus buildings, and at all campus events.
    2. Faculty, staff, and students who possess a concealed handgun permit may secure a handgun in their vehicle appropriately. Faculty, staff, and students who do not possess a concealed handgun permit may secure handguns, rifles, and shotguns in a compartment or container of parked vehicles according to state and local law. The compartment or container may be a trunk or other storage area. At no time shall a weapon be visible in plain view while inside a vehicle.
    3. Visitors and contractors may secure handguns, rifles, and shotguns in parked vehicles. Visitors and contractors are encouraged to secure weapons in the trunk of vehicles or otherwise out of sight of passersby. If visitors and contractors store handguns in a parked vehicle, the handgun must be secured in a  compartment or container inside the vehicle.
    4. The college president may authorize in writing a person to possess, store, or use a weapon: i) when used for educational or artistic instruction, display, parade, or ceremony sponsored or approved by the college (unloaded or disabled only and with other specified safeguards, if appropriate); or (ii) for any  college-approved training, course, or class.
  7. Procedures:
    1. If Campus Security observes or receives a report of a violation of this policy, Security will direct the individual to leave the campus building or event immediately. The individual may secure the weapon inside his or her vehicle and return. In the event the individual fails to comply Campus Security will take appropriate action, including contacting local police.
    2. In cases involving an immediate threat of violence, members of the campus community are encouraged to call 911. Campus Security will take appropriate action, to include contacting local police.
    3. Persons observed on the open grounds of campus (streets, sidewalks, and other open areas on college property) may be asked by Campus Security to identify his or her relationship with the college to confirm whether a violation of this policy has occurred, (i.e., determine whether the individual is a student, employee, or visitor). If the individual is a visitor who intends to enter a campus building or event where weapons are prohibited, Campus Security shall advise that, pursuant to regulation (Appendix A), it is unlawful to enter such places while possessing or carrying a weapon. The individual shall be advised to secure the weapon inside his or her vehicle prior to entering the building or event.
  8. Violation of Policy:
    1. Students who violate this policy will be subject to disciplinary action under the student conduct code up to and including, dismissal.
    2. Employees who violate this policy will be subject to disciplinary action up to and including termination, using existing policies and procedures including Section 3 of the VCCS Policy Manual or DHRM Policy 1.60, Standards of Conduct.
    3. Pursuant to the Regulation of Weapons (Appendix A), visitors and contractors in violation of the prohibitions on the possession of weapons are subject to arrest and may be barred from the campus. Policy approval: March 4, 2013, by the NRCC Board

State Board for Community Colleges Weapons Regulations

CHAPTER 10 REGULATION OF WEAPONS

8VAC95-10-10. Definitions.

The following words and terms when used in this chapter shall have the following meanings unless the context clearly indicates otherwise:

“Police officer” means law-enforcement officials appointed pursuant to Article 3 (§ 15.2-1609 et seq.) of Chapter 16 and Chapter 17 (§ 15.2-1700 et seq.) of Title 15.2, Chapter 17 (§ 23-232 et seq.) of Title 23, Chapter 2 (§ 29.1-200 et seq.) of Title 29.1, or Chapter 1 (§ 52-1 et seq.) of Title 52 of the Code of Virginia or sworn federal law-enforcement officers.

“College property” means any property owned, leased, or controlled by a member college of the Virginia Community College System and the administrative office of the Virginia Community College System.

“Weapon” means (i) any pistol, revolver, or other weapon designed or intended to propel a missile of any kind by action of an explosion of any combustible material; (ii) any dirk, bowie knife, switchblade knife, ballistic knife, machete, razor, slingshot, spring stick, metal knucks, or blackjack; (iii) any flailing instrument consisting of two or more rigid parts connected in such a manner as to allow them to swing freely, which may be known as a nun chahka, nun chuck, nunchaku, shuriken, or fighting chain; (iv) any disc, of whatever configuration, having at least two points or pointed blades which is designed to be thrown or propelled and which may be known as a throwing star or oriental dart; or (v) any weapon of like kind, to include but not limited to, tasers.

“Weapon” does not mean knives or razors used for domestic purposes, pen or folding knives with blades less than three inches in length, or knives of like kind carried for use in accordance with the purpose intended by the original seller.

8VAC95-10-20. Possession of weapons prohibited.

  1. Possession or carrying of any weapon by any person, except a police officer, is prohibited on college property in academic buildings, administrative office buildings, student centers, child care centers, dining facilities and places of like kind where people congregate, or while attending any sporting, entertainment, or educational events. Entry upon the aforementioned college property in violation of this prohibition is expressly forbidden.
  2. Any individual in violation of this prohibition will be asked to remove the weapon immediately. Failure to comply may result in a student conduct referral, an employee disciplinary action, or arrest.

8VAC95-10-30. Exceptions to prohibition.

  1. The prohibition in 8VAC95-10-20 shall not apply to current sworn and certified local, state, and federal law enforcement officers with proper identification, nor shall it apply to possession of a weapon when stored securely inside the vehicle of properly permitted students and employees.
  2. The chief of the college police department or head of security department, or his designee, may authorize in writing a person to possess, store, or use a weapon: (i) when used for educational or artistic instruction, display, parade, or ceremony sponsored or approved by the college (unloaded or disabled only and with other specified safeguards, if appropriate); or (ii) for any college-approved training, course, or class.

8VAC95-10-40. Person lawfully in charge.

Campus police officers or security, and other police officers acting pursuant to a mutual aid agreement or by concurrent jurisdiction, are lawfully in charge for the purposes of forbidding entry upon or remaining upon college property while possessing or carrying weapons in violation of this chapter.