Sep 20, 2021  
2021-2022 Student Handbook 
    
2021-2022 Student Handbook

Policies and Procedures



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notification from the State Police, the student will be immediately informed that he/she is being administratively withdrawn from classes and will receive a refund.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.

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When a convicted sex offender is denied admission to or is administratively withdrawn from classes at New River Community College, he/she may invoke the following appeal process: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 The applicant or withdrawn student will receive a letter from the Dean of Student Services stating his/her denial of admission or administrative withdrawal.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 The applicant/withdrawn student may write a letter of appeal to the Dean of Student Services in which he/she provides the following information: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.

Contagious Disease Policy

1. Scope

The policy applies to all members of the College community, including students and employees, as well as all visitors to the College’s campuses and facilities, including contractors, vendors, and guests.

2. Policy Statement

New River Community College is committed to maintaining, to the extent reasonably possible, a safe environment for all students and employees (the “College community”). The purpose of this policy is to help prevent the spread of contagious diseases through measures that focus on safety, prevention, and education. As needed, New River Community College will make available to its College community information about the transmission of diseases and precautions that infected persons should take to prevent the spread of disease. New River Community College will rely on information and guidance issued by the Centers for Disease Control and Prevention (“CDC”), the Virginia Department of Health (“VDH”) and local public health officials.

This policy is not intended to cover common illnesses, such as colds and viruses, or upper respiratory infections.

3. Definitions

Contagious disease: an infectious disease that is spread from person to person through casual contact or respiratory droplets, which may lead to an epidemic or pandemic and threaten the health or safety of the Campus community. These diseases include but are not limited to: tuberculosis (TB), measles or German measles (rubella), certain strains of hepatitis and meningitis, as well as SARS and certain strains of influenza. Other potentially less serious infectious diseases, such as chicken pox, seasonal flu, and pneumonia will be addressed on a case-by-case basis.

Epidemic: the occurrence in a community or region of cases of an illness clearly in excess of normal expectancy.

Pandemic: a disease epidemic that has spread across multiple continents or worldwide.

4. Procedures

Persons who know or have reason to believe they are infected with a contagious disease that, according to public health officials, creates a risk of death or significant injury or impairment, must stay home and notify appropriate College personnel, e.g., instructor(s) or immediate supervisor.  They also should contact their healthcare provider and advise the local health department. They must follow the directions of the local health department to prevent the spread of infection and to protect their own health. The Director of Human Resources (employees) and the Dean of Student Services (students) will serve as the point(s) of contact between the local health department and the College.


4.1. Students

Students who know or have reason to believe they are infected with a contagious disease that poses a direct threat to the health or safety of others, i.e., creates a risk of death or significant injury or impairment, must stay home and notify the Dean of Student Services and/or their instructor(s).

Faculty or staff who suspect a student is exhibiting symptoms of a contagious disease shall report what they have observed to the Dean of Student Services but may not take any other direct measures with respect to the student.  The Dean of Student Services may send students home if they exhibit or report experiencing symptoms of the contagious disease. Failure to follow the Dean of Student Service’s instructions will be considered a violation of the student code of conduct and may result in disciplinary action.

Before returning to the College, students who reported having, or have been diagnosed as having a contagious disease must be free of all symptoms of the disease for at least seven (7) days since the date of the first report or diagnosis, or as otherwise recommended by a healthcare provider, the VDH, CDC, or other public health officials. The College may require students to  provide written documentation from a healthcare provider or local health department that the student may return to campus safely, unless state officials advise agencies to not make such requests, in which case students may return after the appropriate  period as established by public health officials.

Students have a responsibility to stay in contact with faculty/instructors regarding their absence and missed class assignments and should contact the Dean of Student Services if they have any difficulties or concerns. The College will provide reasonable accommodations as requested and required by law.

 

4.2. Employees

Employees who know or have reason to believe they are infected with a contagious disease that poses a direct threat to the health or safety of others must notify their immediate supervisor and the Director of Human Resources that they have symptoms associated with the disease.  Employees should stay home or leave the workplace if symptoms occur while already present at work.  Supervisors have the authority to send employees home if they exhibit symptoms of a contagious disease while at the workplace. Employees will be charged sick or annual leave if sent home.

Before returning to the College, employees who have been diagnosed as having a contagious disease as listed above must be free of all symptoms of the disease for at least seven (7) days since the date of the first report or diagnosis or as otherwise recommended by a healthcare provider, the CDC, or other public health officials. Employees must provide written documentation from a healthcare provider that the employee may return to work safely, unless state officials advise agencies to not make such requests, in which case employees may return following the appropriate period as established by public health officials.

Employees must comply with all policies and procedures related to sick leave and supervisor notification regarding their ability to return to work. The College will provide reasonable accommodations as requested and required by law.

Failure to follow a supervisor’s directive is considered insubordination and is subject to formal disciplinary action under the Department of Human Resource Management’s (“DHRM”) Standards of Conduct or faculty human resource policy.

When the State Health Commissioner and the Governor of the Commonwealth of Virginia declare a Communicable Disease of Public Health Threat as defined in Section 32.1-48.06 of the Code of Virginia, employees, pursuant to DHRM Public Health Emergency Leave Policy (Policy No. 4.52), are permitted or required to attend to the medical needs of themselves and immediate family members and will be afforded up to the maximum hours of paid leave per leave year as established by DHRM for this purpose.


4.3. College

Should any disease reach a pandemic stage, the College will rely on information and guidance from local and state health officials to provide appropriate information to the College community. College officials may temporarily close the College or its campuses, if such closure serves the best interest of the College community.

NRCC will inform the College community of plans to provide continuity of operations that will minimize disruption to campus operations. Such continuity measures may include requiring and/or permitting employees to transition to temporary telework through a telework agreement; modifying or shifting responsibilities and duties based on College needs and access to the campus; or modifying or altering normal working hours and schedules. Other measures may include implementing new safety and sanitary measures at the workplace based on current and applicable recommendations by the VDH, CDC or any other state or federal agency, and in compliance with any Executive Orders issued that would require such measures. Students and employees will be notified of specific measures and may be asked to acknowledge receipt and understanding of those measures as well as agreement to abide by them.

The College will consult with local and state health officials to provide any specific instructions for individuals returning to the College following infection of a contagious disease.

 

4.4. Visitors, Guests, Contractors, and other Third Parties

The College reserves the right to limit access to its facilities to any third parties (visitors, guests, contractors, etc.), in the event of an epidemic, pandemic or any outbreak of a contagious disease that alters normal business operations.  The College may institute additional safety measures based on the recommendations of public health officials that would be applicable to third parties visiting or working on campus.

 

4.5. Confidentiality

No person, group, agency, insurer, employer, or institution should be provided any medical information without the prior specific written consent of the student, employee, or other College community member unless required or allowable under state and/or federal law. Furthermore, all medical information relating to contagious diseases of students and employees will be kept confidential, according to applicable state and federal law. Medical information relating to contagious diseases of persons within the College community will only be disclosed to responsible college officials on a need-to-know basis.

 

4.6.  Non-Discrimination/ Harassment

Discrimination or harassment of employees having or regarded as having a contagious disease is prohibited.

 

4.6. Sanctions

Students who fail to comply this policy and applicable state and federal laws are subject to sanctions in accordance with the Student Code of Conduct.

Employees who fail to comply with all applicable New River Community    College, VCCS, and DHRM policies and procedures, and applicable state and federal laws are subject to formal disciplinary action.

 

5. Authority

DHRM Policy 4.52, Public Health Emergency Leave

VCCS Policy 6.0.8.1, Contagious Diseases

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

Sexual Harassment Policy

Book

Policy Manual

Section

Section 6 - Student Development Services

Title

Appendix 1 to Section 6.0

Number

Section 6 Appendix

Status

Active

 

First Approved by the State Board for Community Colleges

September 17, 2015

 

Last Revised and Approved by the State Board for Community Colleges

September 17, 2020

 

Appendix I to Section 6

 

Policy on Sexual Harassment

 

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 education programs or activities, admission, and employment. Under certain circumstances, sexual harassment constitutes 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 for Students is Dr. Deborah Kennedy, whose office is located at Rooker Hall 268, and may be contacted by phone at 540-674-3690 or by email at dkennedy@nr.edu. The Title IX Coordinator for Employees is Ms. Melissa Anderson, whose office is located at Godbey Hall 13, and may be contacted by phone at 540-674-3600, ext. 4310 or by email at manderson@nr.edu.

 

B. Policy

 

1.  New River Community College is committed to providing an environment that is free from harassment and discrimination based on any status protected by law. Accordingly, this Policy prohibits sex discrimination, which includes sexual harassment, sexual assault, sexual exploitation, domestic violence, dating violence, and stalking.  This Policy also prohibits retaliation.  This Policy supplements the following general policy statement set forth by the Virginia Community College System: This College promotes and maintains educational opportunities without regard to race, color, national origin, religion, disability, sex, sexual orientation, gender identity, ethnicity, marital status, pregnancy, childbirth or related medical conditions including lactation, age (except when age is a bona fide occupational qualification), veteran status, 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), and Virginia law.

 

2. This Policy is not intended to substitute or supersede related criminal or civil law. Individuals are encouraged to 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 remedies that the College can provide. 

 

C. Purpose

 

The purpose of this Policy is to establish that the College prohibits sexual harassment and retaliation, and to set forth procedures by which allegations of sexual harassment shall be reported, filed, investigated, and resolved.

 

D. Applicability

 

This Policy applies to prohibited conduct by or against students, faculty, staff, and third parties, e.g., contractors and visitors involving a program or activity of the College in the United States.  Conduct outside the jurisdiction of this Policy may be subject to discipline under a separate code of conduct or policy.

 

E.  Definitions  

   

  1. Actual Knowledge.  Actual knowledge means notice of sexual harassment or allegations of sexual harassment to a College’s Title IX Coordinator, Deputy Title IX Coordinator, or college administrator.

 

  1. . An advisor is an individual who provides the complainant or respondent support, guidance, and advice.  Advisors may be present at any meeting or live hearing but may not speak directly on behalf of the complainant or respondent, except to conduct cross-examination during a live hearing. Advisors may be but are not required to be licensed attorneys.

 

  1. Appeal Officer.  The Appeal Officer is the designated employee who reviews the complete record of the formal complaint and written statements of the parties during an appeal of a written determination.  The Appeal Officer decides whether to grant the appeal and determines the result of the appeal.

 

  1. .  Campus refers to (i) any building or property owned or controlled by the College within the same reasonably contiguous geographic area of the College and used in direct support of, or in a manner related to, the College’s educational purposes, and (ii) any building or property that is within or reasonably contiguous to the area described in clause (i) that is owned by the College but controlled by another person, is frequently used by students, and supports institutional purposes, such as a food or other retail vendor.

 

  1. . A complainant is an individual who is alleged to be the victim of conduct that could constitute sexual harassment.  A complainant may file a formal complaint against faculty, staff, students, or third parties. 

 

  1. .  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.  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. 

 

  • 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 by using drugs or alcohol. Intoxication is not synonymous with 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.

 

  1. Cumulative Evidence.  Cumulative evidence is additional evidence that has been introduced already on the same issue and is therefore unnecessary.  The Hearing Committee has the discretion to exclude cumulative evidence.

 

  1. 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.

 

  1. Deliberate Indifference.  Deliberate indifference refers to a response to sexual harassment that is clearly unreasonable in light of the known circumstances. The College’s response may be deliberately indifferent if the response restricts the rights to the Freedom of Speech and Due Process under the First, Fifth, and Fourteenth Amendments of the U.S. Constitution.

 

  1. 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.

 

  1. Due Process.  Due process is a right guaranteed by the Fifth and Fourteenth Amendments of the U.S. Constitution.  Basic procedural due process guarantees that an individual receives notice of the matter pending that relates to the possible deprivation of a property or liberty interest and the opportunity to be heard.  For example, students and employees facing suspension or expulsion/termination for disciplinary reasons must be given notice of the allegations against them prior to any hearing or determination of responsibility.  Any disciplinary process must be fair and impartial.  Additionally, the opportunity to respond must be meaningful.

 

  1. Education Program or Activity.  An education program or activity encompasses all of the College’s operations and includes locations, events, or circumstances over which the College exercises substantial control over both the respondent and the context in which the sexual harassment occurs.  Examples of education programs or activities includes, but are not limited to, college-sponsored conferences, athletic events and sports teams, student organizations, and wi-fi network.

 

  1. Exculpatory Evidence.  Exculpatory evidence is evidence that shows, or tends to show, that a respondent is not responsible for some or all of the conduct alleged in the notice of allegations. The College must provide the respondent with all exculpatory evidence.

 

  1. Final Decision.  A final decision is the written document that describes any sanctions imposed and remedies provided to the respondent and complainant, respectively, at the conclusion of the formal resolution process.

 

  1. Formal Complaint.  A formal complaint is a document filed and signed by a complainant or signed by the Title IX Coordinator that alleges sexual harassment against a respondent and requests the College to investigate the allegation of sexual harassment. The complainant must be participating in or attempting to participate in an education program or activity of the College when the formal complaint is filed. A complainant cannot file a formal complaint anonymously.  The Title IX Coordinator may sign on a complainant’s behalf in matters where it is in the best interest of the complainant or the College to do so.  The College may consolidate formal complaints against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of sexual harassment arise out of the same facts or circumstances.

 

  1. Freedom of Speech.  The freedom of speech is a right guaranteed by the First Amendment of the U.S. Constitution to express one’s thoughts and views without unlawful governmental restrictions.  As governmental entities, Colleges must not infringe on this right.  This Policy expressly prohibits censorship of constitutionally protected expression. 

 

  1. Hearing Officer.  A Hearing Officer is the presiding official of a live hearing who must issue a written determination on responsibility.  Colleges may choose to hold live hearings with a single Hearing Officer or by committee.

 

  1. Inculpatory Evidence.  Inculpatory evidence is evidence that shows, or tends to show, that a respondent is responsible for some or all of the conduct alleged in the notice of allegations. 

 

  1. Preponderance of the Evidence.  A preponderance of the evidence is evidence that shows that the fact sought to be proved is more probable than not to be true.  A preponderance of the evidence means evidence that is of greater weight or more convincing than the evidence that supports the contrary position. 

 

  1. .  Relevance refers to evidence that tends to prove or disprove whether the respondent is responsible for the alleged conduct.  In determining whether a question is relevant, the Hearing Committee must focus on evidence pertinent to proving whether facts important to the allegations in the formal complaint are more or less likely to be true.

 

  1. .  Remedies are actions taken or accommodations provided to the complainant after a determination of responsibility for sexual harassment has been made against the respondent.  Remedies are designed to restore or preserve equal access to the College’s education program or activity. Remedies may be disciplinary or non-disciplinary.

 

  1. Report of Sexual Harassment.  A report of sexual harassment occurs when anyone reports an allegation of sexual harassment to the Title IX Coordinator, or one that reaches the Title IX Coordinator through a Responsible Employee. An individual need not be participating or attempting to participate in an education program or activity of the College to file a report.  The respondent also does not need to be an employee, student, or otherwise affiliated with the College for a person to file a report against a respondent.  A report of sexual harassment does not trigger an investigation or the formal or informal resolution process, but it does require the Title IX Coordinator to meet with the complainant and carry out the procedures described in Section S and/or T of this Policy, as applicable.

 

  1. . A respondent is an individual who has been reported to have engaged in conduct that could constitute sexual harassment as defined under this Policy. In most cases, a respondent is a person enrolled or employed by the College or who has another affiliation or connection with the College.  The College may dismiss a formal complaint when the College has little to no control over the respondent but will offer supportive measures to the complainant and set reasonable restrictions on an unaffiliated respondent when appropriate.

 

  1. Responsible Employee.  A Responsible Employee is an employee who has the authority to take action to redress sexual harassment; who has been given the duty to report sexual harassment to the Title IX Coordinator or Deputy Title IX Coordinator; or an employee a student could reasonably believe has such authority or duty. A Responsible Employee shall not be an employee who, in his or her position at the College, provides services to the campus community as a licensed health care professional, (or the administrative staff of a licensed health care professional), professional counselor, victim support personnel, clergy, or attorney.

 

  1. Review Committee. A review committee is the committee consisting of three or more persons, including the Title IX Coordinator or designee, a representative of campus police or campus security, and a student affairs representative, that is responsible for reviewing information related to acts of sexual violence.

 

  1. Sex Discrimination.  Sex discrimination is the unlawful treatment of another based on the individual’s sex that excludes an individual from participation in, separates or denies the individual the benefits of, or otherwise adversely affects a term or condition of an individual’s employment, education, or participation in an education program or activity. The College’s treatment of a complainant or a respondent in response to a formal complaint of sexual harassment constitutes sex discrimination under Title IX when such response is deliberately indifferent. 

 

  1. Sexual Assault. Sexual assault is any sexual act directed against another person without consent or where the person is incapable of giving consent. Sexual assault includes intentionally touching, either directly or through clothing, 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 assault includes sexual violence.

 

  1. Sexual Exploitation. Sexual exploitation occurs when a person 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 harassment offenses.  Examples of sexual exploitation include prostituting another person; non-consensual video or audio-taping of otherwise consensual sexual activity; going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex), and knowingly transmitting HIV or an STD to another.

 

  1. Sexual Harassment. Sexual harassment means conduct on the basis of sex that satisfies one or more of the following:  

 

  • 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; 

 

  • Hostile Environment:  Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to an education program or activity of the College, including a student’s educational experience or an employee’s work performance;

 

  • Clery Act/VAWA Offenses:  Sexual assault/sexual violence, dating violence, domestic violence, and stalking, as defined by this Policy.                                          

 

  1. Sexual Violence.  Sexual violence means physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent.  Sexual violence includes rape and sexual assault. 

 

  1. .  Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his or her safety or the safety of others or suffer substantial emotional distress. Such conduct can occur in person or online, but the conduct must involve an education program or activity of the College.

 

  1. . A statement is a person’s intent to make factual assertions, including evidence that contains a person’s statement(s). Party or witness statements, police reports, Sexual Assault Nurse Examiner (SANE) reports, medical reports, and other records may not be relied upon in making a final determination after the completion of a live hearing if they contain statements of a party or witness who has not submitted to cross-examination.

 

  1. Supportive Measures. Supportive measures means non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent before or after the filing of a formal complaint or where no formal complaint has been filed. Such measures are designed to restore or preserve equal access to the College’s education programs or activities without unreasonably burdening the other party, including measures designed to protect the safety of all parties or the campus environment, or to deter sexual harassment.

 

  1. Third Party.   A third party is any person who is not a student or employee of the College.

 

  1. Title IX.  Title IX means Title IX of the Education Amendments of 1972, which prohibits discrimination on the basis of sex in any education program or activity receiving Federal financial assistance.

 

  1. Title IX Coordinator.  The Title IX Coordinator is the employee or employees designated and authorized to coordinate the College’s efforts to comply with its responsibilities under Title IX.

 

  1. .  A workday is any day that the College is open for business.  Workdays include days when classes are not held, but when employees are expected to be at work.

 

  1. Written Determination.  A written determination is the written decision by a Hearing Committee that a respondent is responsible or not responsible for a violation of this Policy by a preponderance of the evidence after a live hearing. A written determination also is the result of an appeal decided by an Appeal Officer.

 

F.  Retaliation

 

  1. No person may intimidate, threaten, coerce, harass, discriminate, or take any other adverse action against any other person for the purpose of interfering with any right or privilege provided by this Policy, or because the person has made a report or filed a formal complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, live hearing, or any other process described in this Policy.

 

  1. Action is generally deemed adverse if it would deter a reasonable person in the same circumstances from opposing practices prohibited by this Policy.

 

  1. Allegations of retaliation that do not involve sex discrimination or sexual harassment but are related to a report or formal complaint of sexual harassment for the purpose of interfering with any right or privilege provided by this Policy constitutes retaliation.

 

  1. Allegations of retaliation will be investigated and adjudicated as a separate code of conduct violation.Any person found responsible for retaliating against another person is subject to 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 of Sexual Harassment

 

1. Members of the campus community who believe they have been victims of crimes may 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, any person may report sex discrimination, including sexual harassment (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute sex discrimination or sexual

harassment), in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator, or by reporting such conduct to a Responsible Employee to ensure that the Title IX Coordinator receives the verbal or written report. The Title IX Coordinator is solely responsible for overseeing the prompt, fair, and impartial investigation and resolution of reports and formal complaints filed with the College.  

 

New River Community College Title IX Campus Resources

 

Title IX Coordinator for Students:                           Dr. Deborah Kennedy
                                                                                      Rooker Hall Room 268

                                                                                      540-674-3690

                                                                                      dkennedy@nr.edu

 

Deputy Title IX Coordinator for Students:             Mr. John Bowler
                                                                                      Uptown Christiansburg Site 115

                                                                                      540-674-3600 x4418

                                                                                      jbowler@nr.edu

Title IX Coordinator for Employees:                        Ms. Melissa Anderson
                                                                                      Godbey Hall Room 13

                                                                                      540-674-3600, ext. 4310
                                                                                      manderson@nr.edu
  

2.  During non-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.

3.  There is no time limit for reporting incidents of sexual harassment with the Title IX Coordinator. However, complainants should report possible violations of this Policy as soon as possible to maximize the College’s ability to respond effectively to the report. Failure to report promptly also could result in the loss of relevant evidence.

 

H.  Confidentiality and Anonymous Reports 

 

1.    Individuals may be concerned about their privacy when they report a possible violation of this Policy. The College must keep confidential the identity of any individual who has made a report or formal complaint of sexual harassment; any complainant or any individual who has been reported to be the perpetrator of sexual harassment; and any witness related to a report or formal complaint of sexual harassment, except as may be permitted by the Family Educational Rights and Privacy Act (FERPA), or as otherwise required by law, or to carry out the purposes of this Policy, including the conduct of any investigation, live hearing, or judicial proceeding arising from any report or formal complaint.

 

2.    The College has a responsibility to respond to conduct that violates this Policy.  For this reason, most College employees may not keep secret a report of sexual harassment.  The College expects employees to treat information they learn concerning incidents of reported violations of this Policy with respect and as confidentially 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.

 

3. Responsible Employees must report all alleged violations of this Policy obtained in the course of his or her employment to the Title IX Coordinator as soon as practicable after addressing the immediate needs of the complainant.  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, student activities staff, human resources staff, and advisors to student organizations.  All employees must report suspected child abuse or neglect to the Title IX Coordinator or Deputy Title IX Coordinator as soon as practicable, but no later than 24 hours after forming such suspicion, pursuant to VCCS Policy Number 3.14.6, Reporting Sexual Child Abuse or Neglect.

 

4.  If a complainant wishes to keep the report of sexual harassment completely confidential, it is recommended that he or she reports the alleged conduct to someone without a duty to report incidents of sexual harassment to the Title IX Coordinator. Full-time employees also may contact the Employee Assistance Program.  If the complainant requests that the complainant’s identity is not released to anyone else, the College’s response may be limited to providing supportive measures, if appropriate and reasonably available.  When supportive measures are provided, the College will protect the privacy of the complainant to the extent possible while still providing the supportive measures.

 

5.  The College may pursue the formal resolution process even if the complainant requests the College to take no action. The Title IX Coordinator will notify the complainant in writing within five (5) workdays of the decision to pursue the formal resolution process when he or she is unable to maintain confidentiality or respect the complainant’s request for no further action. The Title IX Coordinator will give the complainant’s wishes due consideration.   

 

6.    The College will accept anonymous reports, but its response may be limited to providing supportive measures if appropriate and reasonably available. The Title IX Coordinator (or campus police) will conduct a preliminary investigation in an effort to determine the respondent’s identity.  If the preliminary investigation fails to reveal the identity of the respondent, the Title IX Coordinator shall close the report because the College must have sufficient information to conduct a meaningful and fair investigation. If the identity of the respondent is revealed, the Title IX Coordinator shall proceed as otherwise provided in this Policy. The Title IX Coordinator will notify the complainant in writing of the result of the preliminary investigation promptly after the preliminary investigation.

 

I.  Immunity

 

The College encourages the reporting of incidents that violate this Policy. The use of alcohol or drugs should not be a deterrent to reporting a possible incident of sexual harassment. When conducting the investigation, the College’s primary focus will be on addressing the alleged sexual harassment and not on alcohol and drug violations that may be discovered or disclosed. The College does not condone underage drinking or the use of illicit drugs; however, the College will grant  immunity from disciplinary action based on the personal consumption of alcohol or drugs to individuals who report incidents that violate this Policy, provided that such report is made in good faith.  The College may provide referrals to counseling and may require educational options, rather than disciplinary sanctions, in such cases.

 

J.  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 the 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.

 

K.  Interim Measures

 

1.  Immediate Suspension.  Prior to the resolution of a formal complaint, the College may immediately suspend the respondent from an education program or activity when it determines that the respondent’s continued presence poses an immediate threat to the physical health or safety of any person arising from the allegations of sexual harassment.  Prior to such suspension, the College will conduct an individualized safety and risk analysis, focusing on the particular respondent and the specific facts and circumstances arising from the allegations of sexual harassment that justify the suspension.  The College shall notify the respondent in writing of the specific facts and circumstances that make the immediate suspension necessary and reasonable and shall give the respondent the opportunity to challenge the decision immediately following the suspension.

 

2.  Administrative Leave.  The College may place a respondent employee on administrative leave prior to the resolution of a formal complaint. Reasons to place an employee on administrative leave include but are not limited to, the continued presence of the employee may be harmful to the employee or other employees; may hamper an investigation into the employee’s alleged conduct; or may disrupt the work environment.

 

3. Mutual No Contact Order.  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.

 

L.  Supportive Measures

 

1. The College will offer supportive measures to individuals whether or not a formal complaint has been filed, or whether the alleged incident is under investigation by a law enforcement agency.  All requests for supportive measures will be provided if appropriate and reasonably available.

 

2.  Supportive measures  may include, but are not limited to, course schedule adjustments, reassignment of duty, leaves of absence, alternative parking arrangements, rescheduling class work, assignments, and examinations; allowing alternative class or work arrangements, such as independent study or teleworking; escort services, increased security and monitoring of certain areas of the campus, and other similar measures.  Provisions of supportive measures to either party will be kept confidential to the extent possible.

 

M.  Procedures to Follow after an Incident

 

Anyone who has experienced an incident of sexual harassment as defined by this Policy should take the following action:

 

  1. Find a safe place away from harm.
  2. Call 911 or if on campus, contact campus police/security.
  3. Call a friend, a campus advocate, a family member, or someone else you trust and ask her or him to stay with you.
  4. Go to the nearest medical facility/emergency room. It is important to seek appropriate medical attention to ensure your health and well-being, as well as to preserve any physical evidence.
  5. 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.
  6. 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.
  7. You should take the following 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 the incident involved oral contact.
    • 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 formal complaint.

 

N.  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 information about available resources, go to the online Student Handbook: www.nr.edu/sh.

 

O.  Education and Awareness Program

 

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 assault, domestic violence, dating violence, and stalking. 

 

2.  The program, at a minimum, shall include: 

  • A statement that the College prohibits sexual harassment, including sexual assault, domestic violence, dating violence, and stalking;
  • The definition of sexual harassment, including sexual assault, domestic violence, dating violence, 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 sexual assault, domestic violence, dating violence, 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 assault, domestic violence, dating violence or stalking, disciplinary procedures, and the protection of confidentiality; and
  • Written notification about available resources and services and supportive measures available if appropriate and reasonably available.

3.  The College offers the prevention and awareness program to all new and existing students and employees. 

 

P.  Academic Freedom and Freedom of Speech

 

1. This Policy does not allow censorship of constitutionally protected expression.  As a “marketplace of ideas,” the College encourages intellectual inquiry and recognizes that such inquiry may result in intellectual disagreements.  Verbal or written communications constitute sexual harassment only when such communications are sufficiently severe, pervasive, and objectively offensive that they undermine and detract from a student’s educational experience or an employee’s work performance. Verbal or written communications, without accompanying unwanted sexual physical contact, does not constitute sexual assault.

 

2. In addressing all complaints and reports of alleged violations of this Policy, the College will take actions to comply with this Policy that recognize and ensure the free speech rights of students and employees.  This Policy does not apply to curricula, curricular materials, or abridge the use of any textbooks.

 

Q.  False Statements

 

The College prohibits knowingly making false statements or knowingly submitting false information.  Any individual who knowingly files a false report or formal complaint, who knowingly provides false information to College officials, or who intentionally misleads College officials who are involved in the investigation or resolution of a report or formal 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 insufficient evidence of a knowing false statement.

 

R.  Consensual Relationships

 

Pursuant to VCCS Policy 3.14.2, consenting romantic or sexual relationships between employees and students for whom the employee has a direct professional responsibility are prohibited. Consenting romantic or sexual relationships between employees where one employee has a direct professional responsibility to the other also are prohibited. Consenting romantic or sexual relationships between other employees (not in a supervisory position), or with students for whom the employee does not have a direct professional responsibility, although not expressly prohibited, are unwise and strongly discouraged. The relationship may be viewed in different ways by each of the parties, in retrospect. Additionally, circumstances may change and conduct that was previously welcome may become unwelcome.

 

 

 

S. Handling Reports of Sexual Violence 

 

1. The Title IX Coordinator will assist members of the campus community in reporting incidents of sexual violence to law enforcement authorities upon request.  When allowable under Virginia law, the Title IX Coordinator will request the consent of the complainant (or alleged victim if different from the complainant) to report incidents of alleged sexual violence that occur on campus property to law enforcement.  

 

2.  Under Virginia law, the College may determine that the disclosure of information to local law enforcement regarding the alleged incident of sexual violence, including personally identifiable information, is necessary to protect the health or safety of the complainant or other individuals.  The College also is required to notify the local Commonwealth’s Attorney (or other prosecutor responsible for prosecuting the alleged act of sexual violence) when the alleged incident of sexual violence constitutes a felony. 

 

3. Upon receiving a report of an alleged act of sexual violence as defined in this Policy against a student or one that allegedly occurred on property owned or controlled by the College or on public property within the campus, or immediately adjacent to and accessible from the campus, the Title IX Coordinator shall convene the College’s review committee within 72 hours to review the information reported and any information obtained through law enforcement records, criminal history record information, health records, conduct or personnel records, and any other facts and circumstances, including personally identifiable information, related to the alleged incident known to the review committee.  The review committee may try to reach a consensus, but it is the law enforcement representative of the review committee that ultimately determines whether the disclosure of the information, including the personally identifiable information, is necessary to protect the health or safety of the alleged victim or other individuals. The College shall disclose such information to the law enforcement agency that would be responsible for investigating the alleged incident immediately. The Title IX Coordinator will notify the alleged victim in writing that such disclosure is being made.

 

4.  If the report of an alleged act of sexual violence would constitute a felony, within 24 hours of the first review committee meeting, the law enforcement representative of the review committee shall notify the local Commonwealth’s Attorney (or other prosecutor responsible for prosecuting the alleged act of sexual violence) and disclose the information received by the review committee, including personally identifiable information, if such information was disclosed pursuant to Section S2.  The law enforcement representative usually will make this disclosure; however, any member of the review committee may decide independently that such disclosure is required under state law and within 24 hours of the first review team meeting shall disclose the information to the local Commonwealth’s Attorney (or other prosecutor responsible for prosecuting the alleged act of sexual violence), including personally identifiable information, if such information was disclosed pursuant to Section S2.  If the Title IX Coordinator is aware of such disclosure, the Title IX Coordinator will notify the alleged victim in writing that such disclosure is being made.

 

5. Law enforcement will notify the local Commonwealth’s Attorney within 48 hours of beginning an investigation involving a felonious act of sexual violence. Either campus police, the local law enforcement agency, or the State Police will notify the Commonwealth’s Attorney pursuant to an MAA/MOU.

 

6.  In addition to the procedures described in this Section, the College must follow the procedures described in Section T following a report of sexual violence.

 

T.  Handling Reports of Sexual Harassment

 

1. Upon receiving actual knowledge of sexual harassment in an education program or activity of the College against a person in the United States, the College must respond promptly in a manner that is not deliberately indifferent. The College will treat complainants and respondents equitably by offering supportive measures and by completing either a formal or informal resolution process before imposing any disciplinary sanctions or other corrective actions that are not supportive measures against a respondent. The Title IX Coordinator shall promptly provide a written notification of rights and options to complainants and respondents upon receipt of a report of sexual harassment.  The written notification must include, where applicable:

 

  • The available law enforcement options for investigation and prosecution;
  • The importance of collection and preservation of evidence;
  • The available options for a protective order;
  • The available campus options for investigation and resolution under the College’s policies, including the complainant’s option to file a formal complaint;
  • The party’s right to participate or decline to participate in any investigation to the extent permitted under state or federal law;
  • The applicable federal or state confidentiality provisions that govern information provided by a complainant;
  • Information on contacting available on-campus resources and community resources, including the local sexual assault crisis centers, domestic violence crisis centers, victim support services with which the College has entered into a memorandum of understanding, or other support services;
  • The importance of seeking appropriate medical attention;
  • Discuss the College’s obligation to disclose information about the report, including personally identifiable information, to campus/local law enforcement or to the local Commonwealth’s Attorney, or both, if the review team determines that such disclosure is necessary to protect the health or safety of the complainant or others;
  • The possible interim measures that may be imposed when necessary during the pendency of the investigative or resolution process;
  • The supportive measures available with or without filing a formal complaint when appropriate and reasonably available; and
  • An explanation to the complainant of the process for filing a formal complaint, including providing the complainant with a Formal Complaint Form, when applicable.

2.  The Title IX Coordinator must consider the complainant’s wishes with respect to supportive measures.

3.  After providing the information described in Section T1, the Title IX Coordinator must close the report under this Policy if the conduct alleged in the report would not constitute sexual harassment as defined by this Policy, even if proved, or is outside the jurisdiction of the College, i.e., the conduct did not occur on campus or involve an education program or activity of the College, or the complainant decides against filing a formal complaint and the College honors the request.  The Title IX Coordinator will notify the parties simultaneously in writing with the rationale for the decision to close the report. 

4.  The Title IX Coordinator shall forward the report to the appropriate College official that will determine whether the conduct alleged in the report violates a separate policy or code of conduct.  

5. The Title IX Coordinator will document the action(s) taken and the rationale for such action(s).

 

U.  Resolution of Formal Complaints

 

1. The College’s Responsibility.  The College must provide a prompt, fair, and impartial investigation, and resolution of alleged violations of this Policy.  When resolving a formal complaint, the College will evaluate all relevant evidence objectively, including both inculpatory and exculpatory evidence, and will make credibility determinations without reference to a person’s status as a complainant, respondent, or witness.  The College will not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege. Finally, at all times prior to a determination of responsibility, the respondent will be presumed not responsible for the alleged conduct. The imposition of interim measures does not constitute a presumption of responsibility.

 

2. Resolution Process Options.  The College may resolve formal complaints either by a formal or informal resolution process. 

 

3.  Suspending an Investigation.  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 its gathering of 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.

 

4.  Time Frame for Resolution of Formal Complaint. The resolution of any alleged violation of this Policy should be completed normally within seventy-five (75) workdays of the filing of the formal complaint, unless good cause exists to extend the timeframe.  For resolving formal complaints, good cause includes but is not limited to the absence of a party, a party’s advisor, or a witness; concurrent law enforcement activity; the need for language assistance or accommodation of disabilities; or unavoidable scheduling conflicts. The 75-workday timeframe refers to the entire formal resolution process, which includes the initial determination, investigation, live hearing, determination of responsibility, and the imposition of sanctions and provision of remedies, if any. The 75-workday timeframe does not include appeals. If any step of the process must be suspended or delayed for any reason and more time is necessary, the Title IX Coordinator will notify the parties in writing and give the reason for the delay and an estimated length of the delay.   

 

V.  Formal Resolution Process

 

1.  Formal Complaint Form.  To initiate the formal resolution process, complainants must complete the Formal Complaint Form or other written and signed document that requests an investigation, [found in Appendix A] and submit it to the Title IX Coordinator.  The Title IX Coordinator may sign a formal complaint after due consideration of the complainant’s wishes. In determining whether to sign a formal complaint, the Title IX Coordinator will consider the following factors:

 

a)    The seriousness of the allegation(s), including whether the allegation(s) include bodily injury, threats, or the use of weapons;

b)   The complainant’s or alleged victim’s age;

c)    Whether there have been other similar complaints of against the same respondent; and,

d)   The applicability of any laws mandating disclosure. 

 

2.  Notice of Allegations to the Parties.  After receiving a formal complaint and as soon as practicable, the Title IX Coordinator will contact the parties to schedule an initial meeting. The correspondence must include the following information: 

 

  • A copy of the College’s Title IX Policy against sexual harassment, including the process by which the College resolves allegations of sexual harassment;
  • Notice of the allegation(s), including sufficient details known at the time and with sufficient time to prepare a response before the initial meeting. Sufficient details include the identities of the parties involved in the incident, if known, the conduct allegedly constituting sexual harassment, and the date and location of the alleged incident, if known;
  • Notice that each party may be accompanied by an advisor of his or her choice at all meetings and the live hearing who may be, but is not required to be, an attorney, and that each party and advisor will have the opportunity to inspect and review evidence;
  • A statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility will be made at the conclusion of the formal or informal resolution process;
  • A statement that each party must notify the Title IX Coordinator in writing within five (5) workdays if he or she believes that the Title IX Coordinator has a conflict of interest or bias against the party.
  • A statement that the College prohibits knowingly making false statements or knowingly submitting false information during the resolution of a formal complaint, in accordance with Section Q of this Policy.

3.  Complainant’s Initial Meeting with the Title IX Coordinator.  At this meeting, the Title IX Coordinator will:  

  • Determine whether an informal resolution is permissible, and whether the complainant wishes to pursue a resolution (formal or informal) through the College or no resolution of any kind;
  • Explain avenues for formal resolution and informal resolution of the formal complaint;
  • Explain that if the complainant chooses an informal resolution, that the complainant may withdraw from the informal resolution process at any time prior to the conclusion of the informal resolution process and pursue a formal resolution process, but may not do so after the conclusion of the informal resolution process;
  • Explain that records related to the informal resolution process will be maintained for a period of seven years and be made part of the record if a formal resolution process is pursued;
  • Explain the investigative process, including the right to discuss the allegations under investigation or to gather and present relevant evidence;
  • Discuss confidentiality standards and concerns with the complainant;
  • Discuss non-retaliation requirements;
  • Refer the complainant to campus and community resources, ;
  • Inform the complainant of any interim measures that will be imposed and any supportive measures that will be provided to the complainant during the pendency of the investigative and resolution processes;
  • Discuss the right to a prompt, fair, and impartial resolution of the formal complaint;
  • Answer questions about the Policy and procedures.

 

4.  Respondent’s Initial Meeting with the Title IX Coordinator. During this meeting with the respondent, the Title IX Coordinator will: 

  • Determine whether an informal resolution is permissible, and whether the respondent wishes to pursue an informal resolution;
  • Explain avenues for formal resolution and informal resolution of the formal complaint;
  • Explain that if the respondent chooses an informal resolution, that the respondent may withdraw from the informal resolution process at any time prior to the conclusion of the informal resolution process and pursue a formal resolution process, but may not do so after the conclusion of the informal resolution process;
  • Explain that records related to the informal resolution process will be maintained for a period of seven years and be made part of the record if a formal resolution process is pursued;

e)  Explain the investigative process, including the right to discuss the allegations under investigation or to gather and present relevant evidence;

  • Discuss confidentiality standards and concerns with the respondent;
  • Discuss non‐retaliation requirements;
  • Inform the respondent of any interim measures that will be imposed and any supportive measures that will be provided to the respondent during the pendency of the investigative and resolution processes;
  • Refer the respondent to campus and community resources, as appropriate;
  • Discuss the respondent’s the right to due process and a prompt, fair, and impartial resolution of the formal complaint; and
  • If the respondent is a student and the formal complaint involves an alleged act of sexual violence as defined in this Policy, explain to the respondent that the College will include a notation on the academic transcript if the respondent is suspended or dismissed after being found responsible, or if the respondent withdraws while under investigation, that the investigation may continue in the respondent’s absence, if possible, while being afforded notice of all meetings and the live hearing, if applicable, and an opportunity to inspect, review, and respond to all the evidence.
  • Answer questions about the Policy and procedures.

 5.  Title IX Coordinator’s Initial Determination.

  • The Title IX Coordinator shall investigate the allegations in all formal complaints. The Title IX Coordinator must dismiss the formal complaint if the conduct alleged in the formal complaint would not constitute sexual harassment as defined in this Policy even if proved, or is outside the jurisdiction of the College, i.e., the conduct did not involve an education program or activity of the College, or did not occur against a person in the United States.The Title IX Coordinator shall forward the formal complaint to an appropriate College official that will determine whether the conduct alleged in the formal complaint violates a separate policy or code of conduct.

 

  1.  

 

 c)  If the Title IX Coordinator dismisses the formal complaint, he or she will send written notice of the dismissal with specific reason(s) for the dismissal to the parties, simultaneously, within five (5) workdays of completing the initial meetings. This decision may be appealed.

6. Appointment of the Investigator and Conduct of the Investigation.

  • Appointment of Investigator.  After an initial determination to continue the formal resolution process or after failed informal resolution process, the Title IX Coordinator will appoint an investigator within five (5) workdays of completing the initial meetings. The Title IX Coordinator will provide the investigator’s name and contact information to the complainant and respondent and will forward the formal complaint to the investigator. Within five (5) 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 or bias of the appointed investigator. The Title IX Coordinator will consider such information and will appoint a different investigator if it is determined that a material conflict of interest or bias exists.

 

  • Contacting the Parties.  The investigator will contact the complainant and respondent promptly. In most cases, this should occur within ten (10) workdays from the date of the investigator’s appointment.  The investigator will schedule meetings with the parties. The parties may provide supporting documents, evidence, and recommendations of witnesses, including character and expert witnesses, to be interviewed for 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. 

 

  • Weighing of Evidence.  As part of the investigation, the investigator must weigh the credibility and demeanor of the complainant, respondent, and witnesses, and ensure that credibility determinations are not based on a person’s status as a complainant, respondent, or witness; the logic and consistency of the evidence, motives, and any  inculpatory and exculpatory evidence.

 

  • Withdrawal of a Student During an Investigation.  The withdrawal of a student from the College while under investigation for an alleged act of sexual violence as defined by this Policy in most cases will not end the College’s investigation and resolution of the complaint. The College shall continue the investigation if possible, as set forth under this Policy.  The College shall notify the student in writing of the investigation and afford the student the opportunity to provide evidence, to inspect, review, and respond to all the evidence and the written investigative report prior to making a determination on responsibility.  
  1. Upon the student’s withdrawal, the College shall place a notation on the student’s academic transcript that states, “Withdrew while under investigation for a violation of New River Community College’s Title IX Policy.”  After the College has completed its investigation and resolution of the complaint, the College shall either (a) remove the notation if the student is found not responsible or (b) change the notation to reflect either a suspension or dismissal for a violation of the Policy if either was imposed.  
  2. The College shall end the investigation and resolution of the complaint if the College cannot locate the respondent and provide him or her notice and the opportunity to respond. In such cases, the College shall maintain the withdrawal notation on the student’s academic transcript. Upon a final determination, the Title IX Coordinator immediately shall notify the registrar and direct that the appropriate notation is made.
  • Inspection and Review of the Evidence.  The parties will have the opportunity to inspect, review, and respond to all the evidence obtained during the investigation that is directly related to the allegations raised in the formal complaint, including the evidence upon which the College does not intend to rely in reaching a determination of responsibility and inculpatory or exculpatory evidence, whether obtained from a party or other source, so that each party can meaningfully respond to the evidence prior to conclusion of the investigation.  The investigator will send each party and each party’s advisor, if any, a copy of the evidence subject to review.  The parties will have ten (10) workdays to submit a written response to the evidence and the option to submit additional evidence, which the investigator will consider prior to the completion of the investigative report. Neither the parties nor their advisors may disseminate any of the evidence subject to inspection and review or use such evidence for any purpose unrelated to the Title IX formal resolution process. Nevertheless, the College will not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence.

f)  Investigative Report.  The investigator will complete an investigative report that fairly summarizes relevant evidence, including but not limited to, all interviews conducted, photographs, descriptions of relevant evidence, the rationale for credibility determinations, summaries of relevant records, and a detailed report of the events in question.  The investigative report shall include the following information to the extent possible:

 

  1. The name and gender of the complainant and, if different, the name and gender of the person reporting the allegation;
  2. The names and gender of all persons alleged to have committed the alleged violation;
  3. 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);
  4. The dates of the report and formal complaint were filed;
  5. The dates the parties were interviewed;
  6. The names and gender of all known witnesses to the alleged incident(s);
  7. The dates that any relevant documentary evidence (including cell phone and other records as appropriate) was obtained;
  8. Any written statements of the complainant or the alleged victim if different from the complainant; and
  9. 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.

g)  Submission of the Investigative Report. The investigator will submit the investigative report to the Title IX Coordinator, who will send the investigative report to the parties and the parties’ advisors, if any, simultaneously for review and written response as soon as possible, but no later than five (5) workdays after receiving the investigative report from the investigator.  The parties will have ten (10) workdays to submit a written response to the investigative report to the Title IX Coordinator.  The Title IX Coordinator will not consider the parties’ written responses but will ensure that such statements are added to the record. Neither the parties nor their advisors may disseminate the investigative report or use such report for any purpose unrelated to the Title IX formal or informal resolution process.

 

W.  Conduct of Live Hearing

 

1. The Title IX Coordinator will appoint a Hearing Committee within ten (10) workdays after sending the investigative report to the parties and their advisors, if any.  Within five (5) workdays after the appointment, the Hearing Committee will contact the parties to schedule a live hearing.  The parties have five (5) workdays after being contacted by the Hearing Committee to notify the Title IX Coordinator in writing of any potential conflict of interest or bias of the Hearing Committee.  The Title IX Coordinator will consider such information and will appoint a different Hearing Committee if the Title IX Coordinator determines that a material conflict of interest or bias exists. When the date, time, and place of the live hearing is confirmed, the Hearing Committee will notify the parties in writing simultaneously of the date, time, and place of the live hearing.   

 

2.  No later than fifteen (15) workdays before the live hearing, each party must notify the Hearing Committee and the other party of: a) the name and contact information of the advisor, if new, or a statement that a party does not have an advisor available for the hearing, if applicable; b)  the names and contact information of witnesses that will be called at the live hearing and the purpose of their testimony at the live hearing; c) whether a party intends to be subjected to cross-examination; d) a description of documents or other evidence and the purpose of such evidence that will be used at the live hearing; e) the specific remedy requested; and, f) whether a party requests that the live hearing occurs with the parties located in separate rooms with technology that enables the Hearing Committee and the parties to see and hear the party or the witness answering questions simultaneously.  Only one party is required to make the request for separate rooms.

 

3.  The Hearing Committee will notify the Title IX Coordinator promptly that the College must appoint an advisor for a party when notified of the need for an advisor.  The Title IX Coordinator will appoint the advisor promptly, but no later than ten (10) workdays prior to the live hearing.  If a party appears at a live hearing without an advisor, the Hearing Committee shall delay the start of the live hearing until an advisor is available.

 

4.  The Hearing Committee shall ensure that all evidence obtained during the investigation to the parties available at the live hearing.

 

5.  Rules of the Live Hearing. 

a)  Evidence.  The formal rules of evidence will not be applied except to determine whether the evidence or question presented is relevant or cumulative. 

  1. Either party may call character or expert witnesses.
  2. Questions and evidence about a party’s sexual predisposition or prior sexual behavior are not relevant, unless:

(a) such questions and evidence about the complainant’s prior sexual behavior are offered to prove that someone other than the respondent committed the conduct alleged by the complainant, or

(b) the questions and evidence concern specific incidents of the complainant’s prior sexual behavior with respect to the respondent and are offered to prove consent.

(3)  If the evidence or witness testimony is, on its face, not relevant or is cumulative, the Hearing Committee may exclude such evidence or witness statement(s), with the rationale for the decision in the pre-hearing determination.  The parties may object in writing to such determination within five (5) workdays of the determination.  The Hearing Committee shall rule on the objection within five (5) workdays of receipt of the objection. 

(4) No party or witness statement shall be entered into evidence unless that party or witness submits to cross-examination.

b)   Standard of Evidence.  The live hearing will determine responsibility using the preponderance of the evidence standard.

c)  Participation of Parties and Witnesses.  Neither party may choose to “waive” the right to a live hearing, but parties and witnesses may choose whether to participate in the live hearing or submit to cross-examination.

d) Recording or Transcript.  The Hearing Committee will arrange for the live hearing to be recorded.  Each party will receive a copy of the recorded live hearing upon request. Parties may prepare a transcript of the recording at their own expense. Neither the parties nor their advisors may disseminate the record or transcript or use such record or transcript for any purpose unrelated to the Title IX formal resolution process or related civil proceeding.

e) Opening Statements and Closing Arguments. At the sole discretion of the Hearing Committee, the parties may make opening and/or closing statements at the live hearing.  The Hearing Committee will determine the time that is allotted for each.

g)    Pre-Hearing Determinations.  No later than ten (10) workdays prior to the live hearing, the Hearing Committee shall decide (1) whether to exclude any of the proposed evidence or witnesses, and the basis upon which such evidence or witness is excluded; (2) whether to allow opening statements and closing arguments and the time allotted for both; and, (3) whether any additional evidence or witness statement(s) shall be excluded because a party or witness will not be subjected to cross-examination.   

h)  Rules of Conduct During the Live Hearing.  All live hearings will be closed to the public and witnesses will be present only during their testimony. For live hearings that use technology, the Hearing Committee shall ensure that appropriate protections are in place to maintain confidentiality.

  1. The College will require all parties, advisors, and witnesses to maintain appropriate decorum throughout the live hearing.Participants at the live hearing are expected to abide by the Hearing Committee’s directions and determinations, maintain civility, and avoid emotional outbursts and raised voices.
  2. Repeated violations of appropriate decorum will result in a break in the live hearing, the length of which shall be determined by the Hearing Committee. The Hearing Committee reserves the right in his or her sole discretion to appoint a different advisor to conduct cross-examination on behalf of a party after repeated violations of appropriate decorum or other rules related to the conduct of the live hearing.

6. Role of the Advisor. 

  • The role of the advisor at the live hearing is to conduct cross-examination on behalf of a party.The advisor is not to “represent” a party, but only to relay the party’s cross-examination questions that the party wishes to have asked of the other party and witnesses so that parties never personally question or confront each other during a live hearing. A party shall not conduct cross-examination on his or her behalf.
  • Each party may retain an attorney at his or her expense or designate a non-attorney advisor to accompany him or her at the live hearing.  The advisor may provide advice and consultation to the parties or the parties’ witnesses outside of the conduct of the live hearing to assist parties in handling the formal resolution process. 
  • A party’s advisor must conduct cross-examination at the live hearing directly, orally, and in real time.Only relevant cross-examination questions and follow-up questions, including those that challenge credibility, may be asked. Advisors may not raise objections or make statements or arguments during the live hearing.
  • The College shall appoint an advisor for the live hearing at no cost to a party when the party does not have an advisor. The appointed advisor may be but is not required to be a licensed attorney or anyone with formal legal training.Advisors may be faculty, staff, students, or volunteers from the local community.

7. Role of the Hearing Committee. 

  • The role of the Hearing Committee is to preside over the live hearing in a fair and impartial manner.  After the live hearing, the Hearing Committee must issue a written determination regarding responsibility using the preponderance of the evidence standard of evidence. The Hearing Committee will be the final decision-maker on all matters of procedure during the live hearing.

b)    Before a complainant, respondent, or witness answers a cross-examination or other question, the Hearing Committee first must determine whether the question is relevant or cumulative and explain any decision to exclude a question that is not relevant or is cumulative. 

c)    The Hearing Committee may question the parties and witnesses, but they may refuse to respond.    

d)    The Hearing Committee must not rely on any statement of a party or witness in reaching a determination regarding responsibility if such party or witness does not submit to cross-examination at the live hearing.  However, the Hearing Committee cannot draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions.

e)    Within ten (10) workdays after the live hearing, or with good cause shown as soon as possible, the Hearing Committee will submit a written determination to the Title IX Coordinator. The Hearing Committee must make a finding of responsibility or non-responsibility for each allegation and describe the rationale for the finding based on an objective evaluation of the evidence presented at the live hearing. The written determination shall include the following:

  1. Identification of the allegations potentially constituting sexual harassment defined under this Policy;
  2. A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and live hearings held.The description of the procedural steps also should include who performed the investigation and the process taken to inspect and review the evidence and disseminate the investigative report, including the adherence to mandated procedural timelines;
  3. Findings of fact supporting the determination;
  4. Conclusions regarding the application of this Policy to the facts;
  5. A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any range of disciplinary sanction(s) to be imposed on the respondent, and whether (not which) remedies designed to restore or preserve equal access to the College’s education program or activity will be provided to the complainant. 
  6. When applicable, a statement that a notation will be placed on the academic transcript that the respondent was suspended or dismissed for a violation of the College’s Title IX Policy.
  7. When applicable, a statement that the respondent may request the expungement of the notation on the academic transcript for good cause shown and after a period of three years.
  8. The College’s procedures and permissible bases for the complainant and the respondent to appeal. If the complainant or respondent does not contest the finding or recommended sanction(s) and/or remedies and does not file an appeal within the required time frame, the written determination shall be final. 

 

X.  Actions Following the Written Determination 

 

1.  The role of the Title IX Coordinator following receipt of the written determination from the Hearing Committee is to facilitate the imposition of sanctions, if any, the provision of remedies, if any, and to otherwise complete the formal resolution process. 

2. The Title IX Coordinator must provide the written determination to the parties simultaneously, with a copy to Human Resources, Conduct Officer, and/or other College officials, as appropriate.  The appropriate college official, after consultation with the Title IX Coordinator, will determine the sanction(s) imposed and remedies provided, if any.

3.  The parties shall receive the final decision on the imposition of sanction(s), if any, and the provision of remedies, if any, simultaneously within ten (10) workdays of receipt of the written determination by the appropriate college official(s). The College must disclose to the complainant the sanction(s) imposed on the respondent that directly relate to the complainant when such disclosure is necessary to ensure equal access to the College’s education program or activity.

4.  The Title IX Coordinator shall confer as necessary with employees, community resources, or other support services that will provide such remedies.

5.  Any sanctions to be imposed or remedies to be provided should begin after five (5) workdays of submitting the final decision unless a party files an appeal.

6. If the respondent is a third party, the Title IX Coordinator will forward the written determination to the Vice President for Finance and Technology. Within ten (10) workdays, the Vice President for Finance and Technology shall determine and impose appropriate sanction(s), as described below. The respondent and the Title IX Coordinator shall receive written notification of sanction(s) in the final decision, if any. The Title IX Coordinator may disclose to the complainant information as described above.

 

Y.  Appeals

 

1. Within five (5) workdays of receipt of the final decision, either party may appeal the Hearing Committee’s written determination regarding responsibility and the final decision related to sanctions and remedies. The complainant also may appeal the College’s dismissal of a formal complaint or any of its allegations therein within five (5) workdays of such dismissal.  The appeal must be in writing and submitted to the Title IX Coordinator, who will appoint an Appeal Officer within five (5) workdays of receipt of the appeal.  The Appeal Officer’s decision is final.

2.  The Appeal Officer will grant an appeal only on the following bases: 

  • Procedural irregularity that affected the outcome of the matter;
  • New evidence that was not reasonably known or available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter;
  • The Title IX Coordinator, investigator(s), or Hearing Committee had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter;
  1. Within five (5) workdays of receipt of an appeal request, the Title IX Coordinator will notify the other party that an appeal has been filed and implement appeal procedures equally for both parties.
  1. The Title IX Coordinator will compile the record, including the notice of allegations, evidence obtained, investigative report, live hearing recording, written determination, and final decision.The Title IX Coordinator shall forward the record with the appeal request to the Appeal Officer as soon as possible, but no later than ten (10) workdays of receipt of the appeal request.

5.    The Appeal Officer must not be a member of the Hearing Committee, the investigator, or the Title IX Coordinator and be free from conflict of interest and bias.

6.  Upon receipt of the request for the appeal and the record, the Appeal Officer shall decide whether to grant the appeal, including the rationale for the decision, and notify the parties whether the appeal has been granted simultaneously.  The decision shall be made within ten (10) workdays of receipt of the appeal request and record from the Title IX Coordinator.

7.    If the Appeal Officer decides to grant the appeal, he or she will notify the parties that they have five (5) workdays to submit a written statement in support of, or against, the outcome of the written determination, final decision, or dismissal of the formal complaint. The Appeal Officer may grant additional time for good cause to both parties.

8.    The Appeal Officer shall make the decision based on the record and the parties’ written statements, if any. The Appeal Officer shall not receive additional statements or testimony from any other person.

9.  The Appeal Officer shall issue a written determination of the result of the appeal and the rationale for such result within ten (10) workdays of receipt of written statements, if any. The Appeal Officer shall provide the written determination to the parties simultaneously.

10. At the conclusion of the appeal, the Title IX Coordinator shall facilitate the imposition of sanctions, if any, and the provision of remedies as provided in Section X.

 

Z.  Informal Resolution Process

 

1. The informal resolution process is available under the following conditions:

a)  The complainant has filed a formal complaint of hostile environment sexual harassment involving parties with the same status (e.g., student-student or employee-employee);

b)  The Title IX Coordinator has completed the steps described in Sections V1 through V4; and,

c)  The parties voluntarily request in writing to resolve the formal complaint through the informal resolution process. 

2. Within five (5) workdays after the receipt of the written request to start the informal resolution process, the Title IX Coordinator will appoint a College official to facilitate an effective and appropriate resolution (“Facilitator”).  The Title IX Coordinator may serve as a Facilitator. Within five (5) workdays of such appointment (or receipt of the written request), the parties may identify to the Title IX Coordinator in writing any potential conflict of interest or bias posed by such Facilitator to the matter. The Title IX Coordinator will consider such information and will appoint another Facilitator if it is determined that a material conflict of interest or bias exists.  Within five (5) workdays of the appointment (or receipt of the written request), the Facilitator will request a written statement from the parties to be submitted within ten (10) workdays.  Each party may request that witnesses are interviewed, but the College shall not conduct a full investigation as part of the informal resolution process. 

 

3. Within ten (10) workdays of receiving the written statements, the Facilitator will hold a meeting(s) with the parties and coordinate informal resolution measures.  The Facilitator shall document the meeting(s) in writing.  Each party may have one advisor of his or her choice during any meeting; however, the advisor may not speak on the party’s behalf. 

 

4. The informal resolution process should be completed within thirty (30) workdays in most cases, unless good cause exists to extend the time.  The parties will be notified in writing and given the reason for the delay and an estimated time of completion. 

 

5. Any resolution of a formal complaint through the informal resolution 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 process remedies include mandatory training, reflective writing assignment, counseling, written counseling memorandum by an employee’s supervisor, suspension, termination, or expulsion, or other methods designed to restore or preserve equal access to the College’s education programs or activities.

 

6. At the conclusion of meetings, interviews, and the receipt of statements, the Facilitator will write a summary of such in a written informal resolution report and provide the parties with the informal resolution report simultaneously. The written informal resolution report shall include the notice of allegations, a meeting(s) summary, remedies provided, if any, sanctions imposed, if any, and whether the formal complaint was resolved through the informal resolution process. The Facilitator will forward the written informal resolution report to the Title IX Coordinator, when applicable.

 

7. At the conclusion of the informal resolution process, if the formal complaint was resolved to the satisfaction of the parties, the parties will provide a written and signed statement as such for the record.  The decision will be final, and the matter will be closed. 

 

8. At any time prior to resolving a formal complaint through the informal resolution process, either party may withdraw in writing from the informal resolution process and resume or begin the formal resolution process. 

 

9. If the formal complaint is not resolved through the informal resolution process, the Title IX Coordinator shall begin the formal resolution process at Section V5 of this Policy.

 

10. The Facilitator shall not be a witness as part of the formal resolution process, but the written informal resolution report shall be part of the record.

 

AA.  Sanctions & Corrective Actions

 

1. The College will take reasonable steps to address any violations of this Policy and to restore or preserve equal access to the College’s education programs or activities.  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 expulsion 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, or patrons from the general public, will be prohibited from having access to the campus. Depending on the violation, this prohibition may be permanent or temporary. 

5.  Sanctions imposed do not take effect until the resolution of any timely appeal. However, the College may keep in place any interim measures when necessary.  

 

BB.  Academic Transcript Notations and Expungement

1.  If a student is found responsible for an act of sexual violence as defined by this Policy and is suspended or dismissed, the student’s academic transcript shall be noted as follows: “Suspended/Dismissed for a violation of New River Community College’s Title IX Policy.” In the case of a suspension, the College shall remove such notation immediately following the completion of the term of suspension and any conditions thereof, and when the student is considered to be in good standing.  The student shall be considered to be in good standing for the purposes of this section following the completion of the term of suspension and satisfaction of all conditions thereof. Upon completion of the suspension, the Title IX Coordinator (or designee) shall meet with the student to confirm completion of the conditions and upon such confirmation, direct the registrar to remove the notation from the student’s academic transcript.

2.  If a student withdraws from the College while under investigation involving an act of sexual violence as defined by this Policy, the student’s academic transcript shall be noted as follows:  “Withdrew while under investigation for a violation of New River Community College’s Title IX Policy.”  Students are strongly encouraged not to withdraw from the College. 

 

3.  The College shall immediately remove the notation from the student’s academic transcript upon a subsequent finding that the student is not responsible an offense of sexual violence as defined by this Policy. Upon such a finding, the Title IX Coordinator (or designee) shall direct the registrar to remove the notation from the student’s academic transcript.

 

4.  Notations on academic transcripts regarding suspensions and dismissals shall be placed on the student’s academic transcript after resolution of any timely appeal.

 

5. The College shall expunge the notation from the academic transcript of any student for good cause shown and after a period of three (3) years. 

  • Persons seeking to expunge the notation on an academic transcript shall submit a written request for expungement to the Vice President for Instruction and Student Services no sooner than three years after the date the College placed the notation on the academic transcript.
  • The request for expungement must contain sufficient information to support a finding of good cause.For expungement purposes, good cause includes (1) the act of sexual violence did not involve serious bodily injury, the use of force, or threat, and the former respondent demonstrates remorse and/or rehabilitation; (2) the former respondent committed the Policy violation while under the age of 18 and the former respondent demonstrates remorse and/or rehabilitation; and, (3) any other reason that, in interest of justice, the notation should be expunged.
  • The Vice President for Instruction and Student Services shall issue a written decision and the rationale for such decision within ten (10) workdays of receipt the request.
  • If the request for expungement is denied, the former respondent may submit another request for expungement no sooner than three (3) years after the denial of the request.This decision is final.

 

CC. Training and Training Materials

 

1.  Title IX Coordinator(s), investigators, Hearing Committee, Appeal Officers, and Facilitators for the informal resolution process must receive annual training, as appropriate, on the following topics:

a)    The definition of sexual harassment;

b)   The scope of the College’s education programs or activities;

c)    How to conduct an investigation and grievance process, including live hearings, appeals, and informal resolution processes, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias; 

d)   The definition of relevance;

e)    Investigative report writing; and,

f)    Technology that may be used at live hearings.

2. College-appointed advisors receive training on the definitions of sexual harassment, consent, preponderance of the evidence, and relevance. 

3. Training materials must not rely on sex stereotypes and will promote impartial investigations and adjudications of formal complaints of sexual harassment.

4. All training materials must be available on the College’s website.

 

DD.  Record Keeping

 

1.  The Title IX Coordinator, Deputy Title IX Coordinator, if applicable, and any other employee as appropriate, e.g., HR Director, shall maintain in a confidential manner, for at least seven (7) years from the date of creation of the last record pertaining to each case, in paper or electronic files of the following:

a) The complete file for each sexual harassment investigation and formal resolution process, including (i) any determination regarding responsibility; (ii) any audio or audiovisual recording or transcript of the live hearing; (iii) any disciplinary sanctions imposed on the respondent; and, (iv) any remedies provided to the complainant;

b)  Records of any appeal and its result;

c)  Records of any informal resolution process and its result;

d)  All materials used to train Title IX Coordinators, investigators, Hearing Committee, Appeal Officers, and Facilitators for an informal resolution process.

2.  Records of any actions, including any supportive measures, taken in response to a report or formal complaint of sexual harassment.  Records must explain why the College’s response was not deliberately indifferent, and document that it has taken measures designed to restore or preserve equal access to the College’s education programs or activities.

3.  If the College does not provide a complainant with supportive measures, then the College must document the reasons why such a response was not clearly unreasonable in light of the known circumstances, including whether such decision was made based on the complainant’s request or desire for the College to take no action or to provide supportive measures.

4.  The documentation of certain bases or measures does not limit the College in the future from providing additional explanations or detailing additional measures taken.

 

EE. Use of Template/Reports to System Counsel 

 

All community colleges of the Virginia Community College System shall use this template.  All reports of alleged incidents of sexual harassment shall be reported to the Office of System Counsel.

 

 

 

Appendix A

 

Formal Complaint Form

 

Today’s date: ____________________      Responsible Employee_________________________________

 

Information Regarding the Complainant:

Name of the Complainant: _________________________________________________________________________

Complainant’s Phone Number and Email Address: _________________________________________________________________________

The Complainant is (please check one): □ faculty □ student □ staff □ not affiliated with the College

For faculty, staff, & students, indicate whether □ current or □ former             

 

Information Regarding the Alleged Victim (if different from the Complainant):

Name of the Alleged Victim: ________________________________________________________________________

The alleged victim is (please check one): □ faculty □ student □ staff □ not affiliated with the College

For faculty, staff, & students, indicate whether □ current or □ former

 

Information Regarding the Respondent:

Name of the Respondent: __________________________________________________________________________

Respondent’s phone number (if known): _________________________________________

The Respondent is (please check one): □ faculty □ student □ staff □ not affiliated with the College

For faculty, staff, & students, indicate whether □ current or □ former

 

Information Regarding the Alleged Sexual Harassment:

Time and date of the alleged Sexual Harassment: _______________________________________________________

Location of the alleged Sexual Harassment: □ on campus:        □ off campus: _______________________________________________________________________________________________

_______________________________________________________________________________________________

 

Other parties who may have information regarding the allegation(s), with contact information, if known:

                                                                                                                                                                             __________                                                                                                                                                                       __________                                                                                                                                          ______  ___                       __                                                                                                                                                                        __________________________________

 

Please provide a brief description of the alleged Sexual Harassment:

Please include the following information in your description when known: the gender of the parties, the relationship between the parties, whether the Respondent used force in the course of the alleged Sexual Harassment, and the frequency (if applicable) of the alleged Sexual Harassment.
                                                                                                                                                                             __________                                                                                                                                                                       __________                                                                                                                                          ______  ___                       __                                                                                                                                                                        ___________________________________

 

Please feel free to use the reverse side of this form or separate pages to continue your description, if necessary.


By signing this formal complaint form, I am requesting the College to investigate the above allegation(s).

 

______________________________________  ___________________________________________________

Printed Name                                                          Signature  

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 letter 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 alternative format texts and adaptive/assistive technologies, etc. will be made by the staff in the CDS.*

*Students are encouraged to communicate with their instructors at the beginning of each semester. At that time, the student should discuss with their faculty their reasonable accommodations and how they will be carried out.

  1. Testing Accommodations
    1. Students must request testing accommodations through cds@nr.edu at least 72 hours (3 days) 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. Interpreters
    Interpreters are provided for classroom needs and off-campus college-related activities. Interpreters are nationally certified/or Virginia Quality Assurance Screened.
  3. 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).
  4. 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.
  5. 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.
  6. 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.

Children on Campus Policy

Children of students, faculty, staff or visitors should not be on campus, or other college sites. This policy is based on concern for the safety of the children and for the operations of the college. This policy will remain in effect until further notice.

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.

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.

Student Complaints Procedure

Purpose and Audience

This procedure is directed to students, faculty, and staff of New River Community College.

Definitions

Student: A student is any person who is officially registered at New River Community College during the specific academic term in which a complaint occurs.

Complaint: A complaint is a written expression of dissatisfaction or constructive criticism from a student submitted to an employee of New River Community College. As defined by the college, a complaint is a less formal action than a grievance, which is covered by a separate procedure. 

Students who follow the procedure described here also have the option of filing a grievance if they feel responses to a submitted complaint are inadequate. 

Student Guidelines

Any student as defined above may submit a complaint by describing the issue at hand and directing it as follows:
1. The complaint may be directed to any employee of New River Community College.
2. The complaint must be in writing.
3. The complaint may be on paper or in electronic form.

Employee Guidelines

  1.  In each instance where a student files a written complaint, a response will be provided to the student within five (5) business days.
  2. The receiver of the complaint will determine whether he/she is the appropriate respondent or if the complaint should be addressed by another staff member. In the latter case, the receiver will provide the appropriate staff member with the complaint details and note such action on the Complaint Resolution Form.
  3. The respondent will determine the appropriate format for a response (e.g., e-mail, letter, in-person meeting, etc.).
  4. Copies of all correspondence related to the complaint (both to and from the student) will be maintained on file with the respondent and in the Office of the Vice President for Instruction and Student Services. Documentation will include completion of the Complaint Resolution Form.
  5. In the event that a student expresses belief that he/she did not receive satisfactory resolution to the complaint, the respondent will inform the student of the option of filing a grievance under the provisions of the institution’s formal Student Grievance Procedure which is aligned with the Virginia Community College System student grievance policy and procedure.
  6. The VP Staff will review all complaints and associated documentation at a regularly scheduled meeting each semester and where appropriate, will use the information to establish guidelines for future practices.

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. 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.

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, major field of study, dates of attendance, course credit load, 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.

In accordance with Virginia law, NRCC will not disclose the address, telephone number or email address of a student as directory information or pursuant to a Freedom of Information Act (FOIA) request without prior written consent of the student.  Students may opt-in to the disclosure of such information by providing prior written consent.

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.

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 Uptown Christiansburg (formerly NRV Mall) site, students, employees and visitors are expected to adhere to the college’s code of conduct. Elsewhere in Uptown Christiansburg, please note guidelines of behavior set forth by the management’s 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.