Student Handbook 2024-2025

The handbook is provided as a guide to ensure you understand your rights and responsibilities while enrolled at Virginia Peninsula Community College. There is no mutuality between you and the College concerning it; and thus, this handbook does not constitute a contract, expressed or implied, between any applicant, student, parents of students, employee, Virginia Peninsula Community College (VPCC), the College Board, or any other individual. The college reserves the right to alter, amend, modify, or rescind any provision in this Handbook at any time unilaterally and without notice consistent with federal, state, and local legal authority. It is the obligation of the student to remain abreast of such changes to rules, regulations, and academic policies as released by the college; however, students will not be held responsible for any associated conduct expectations contained in such changes until notified of them.

Accreditation

Virginia Peninsula Community College is accredited by the Southern Association of Colleges and Schools Commission on Colleges (SACSCOC) to award associate degrees. Virginia Peninsula Community College also may offer credentials such as certificates and diplomas at approved degree levels. Questions about the accreditation of Virginia Peninsula Community College may be directed in writing to the Southern Association of Colleges and Schools Commission on Colleges at 1866 Southern Lane, Decatur, GA 30033-4097, by calling (404) 679-4500, or by using information available on SACSCOC's website.

An Equal Opportunity/Affirmative Action Institution

It is the policy of Virginia Peninsula Community College that each member of the community is permitted to work or attend class in an environment free from any form of discrimination. Virginia Peninsula Community College does not discriminate based on race, color, sex, age, religion, national origin, marital status, pregnancy, political affiliation, sexual orientation, gender identity or expression, genetics, National Guard, veteran status, or disability in its programs and activities, or any other basis protected by law. Inquiries related to the College’s non-discrimination policies may be directed to the Director of Human Resources (757) 825-2728.

President’s Message

Welcome to our new and returning Students!

I am delighted that you chose to make Virginia Peninsula Community College part of your higher education journey. Whether you are a first-time student, returning to complete a credential, or are currently working but seeking advanced training, we are extremely pleased to serve you. Positively impacting thousands of lives and contributing to our region's economic growth and development for over 50 years, Virginia Peninsula is a leading provider of quality academic programs and workforce training. We are proud of the College's role in helping individuals achieve their educational, personal, and professional goals. Therefore, we are excited for you to experience the many rewarding opportunities afforded here.

We take the College’s mission to “change lives and transform communities” seriously. To that end, you will find enthusiastic faculty, staff, and administrators committed to making a meaningful difference in your life through exceptional collegiate education, career training, and a myriad of financial support options. Virginia Peninsula Community College provides multiple pathways that can help you advance. By starting here, you can reach new and greater peaks!
In addition to our supportive learning environments, we offer numerous resources to assist you when challenges arise. We seek to eliminate barriers that could prevent you from accomplishing your goals, and we encourage you to take full advantage of those resources while you are here.

I encourage you to visit me virtually or in my office at campuses in Hampton or the Historic Triangle in Williamsburg. Share how your experience is going and how we can make it better. I, along with our faculty and staff, are dedicated to supporting you as you pursue your career and educational goals.

I wish you the best,

Dr. Towuanna Porter Brannon,
President

Virginia Peninsula College Board

Dr. Joyce Jarrett, Chair
Dr. Donna Woods, Vice Chair
Dr. Towuanna Porter Brannon, President, Secretary to the Board
Mrs. Barbara Mason, Administrative Assistant

City of Hampton Members
Ms. Mary Bunting
Mr. Jonathan Romero
Dr. Vince Warren
Dr. Donna Woods

City of Newport News Members
Ms. Izabela M. Cieszynski
Mr. Andrew Crawford
Mr. Michael F. Kuhns
Dr. Keisha Melvin

James City County
Mr. Joseph Fuentes
Ms. TiJuana Gholson

City of Poquoson
Mr. Allan Melton

York County
Mr. David Durham
Dr. Linda Reviea

City of Williamsburg
Dr. Joyce M. Jarrett

Virginia Community College System Chancellor
Dr. David Dore

College Administration

President’s Cabinet

Dr. Towuanna Porter Brannon, Ed.D. President
Dr. Kerry Ragno, Ed.D. Vice President for Academic Affairs & Chief Academic Officer
Mrs. Daniela Cigularova Vice President for Enrollment Management and Student Success
Mr. Steven R. Carpenter Vice President for Finance and Administration
Mr. Steven Felker Vice President for Institutional Effectiveness and Transformation
Mr. Todd Estes Vice President for Workforce Development and Innovation
Mrs. Ada Badgley Chief of Staff and Director of Strategic Initiatives
Mrs. Barbara Mason Executive Assistant to the President

CONTACT INFORMATION:
Office of the President
Virginia Peninsula Community College
99 Thomas Nelson Drive
P.O. Box 9407
Hampton, Virginia 23670

Mission, and Vision

Mission Statement - We change lives and transform our community through diverse, inclusive, and equitable education and workforce training, excellent support and services, and innovative partnerships.

Vision Statement - To provide broad and equitable access to higher education and workforce training that empowers our community to thrive and grow.

Culture of Care

Culture of Care - The Virginia Peninsula Community College mission is to change lives and transform communities. Our mission is accomplished through continuous improvement, grounded in a desire for excellence, and demonstrated by our culture of care. This culture is built on the foundation of compassionate engagement, authentic communication, responsible teams, effective outcomes, and servant leadership. We believe that by embodying specific behaviors, we create an environment where our students, employees, and community can thrive. As a member of this community, I commit to these behaviors:

COMPASSION

I treat others with respect and empathy, recognizing the inherent worth of every individual.
I prioritize a healthy integration of personal, professional, and learning goals.
I practice active listening, valuing diverse perspectives and seeking to understand before responding.

AUTHENTICITY

I engage in open and respectful conversations and debates, sharing information and seeking insight.
I ensure clarity and completeness through collaboration and updates on projects and initiatives.
I address conflicts directly and professionally, focusing on identifying mutually beneficial solutions.

RESPONSIBILITY

I take ownership of my role, and I am dedicated to achieving individual and collective goals.
I make informed and transparent decisions, through collaboration and inclusivity, that are aligned with core values.
I empower others by providing autonomy, embracing commitments, and acknowledging contributions.

EFFECTIVENESS

I approach challenges and embrace change with creativity and innovation, demonstrate
flexibility, and proactively adjust strategies to meet evolving needs.
I leverage diverse expertise and experiences to drive new initiatives and provide holistic support.
I set clear, collaborative, and ambitious goals, and exceed expectations.

SERVICE

I seek opportunities to make a positive impact and create an atmosphere of emotional well-being and belonging.
I model behaviors and values that I expect from others, inspiring dedication and creating a culture of integrity.
I support individuals with achieving their full potential through investments in personal and professional growth.

Student Rights and Responsibilities

Virginia Peninsula Community College holds certain expectations of students to share the responsibility of maintaining a safe, secure, and honest academic environment.
By applying for admission to the College, each student agrees to abide by the policies and procedures governing student conduct. The statement below outlines the rights each student has as a member of the college community as well as the responsibilities each student has to continue within that community.

Each student has the privilege of exercising their rights without fear of prejudice provided they respect the laws of the Commonwealth, the policies of Virginia Peninsula and the rights of others on campus. Such rights include the following:
Students are free to pursue their educational goals. Appropriate opportunities for learning in the classroom and on campus are provided through the curricula offered by the college.
No disciplinary sanctions may be imposed without due process, except as provided in the Student Conduct Policy.
Students have the right to freedom of expression, inquiry, and assembly provided actions do not interfere with the rights of others or the effective operation of the college.
Academic evaluation of student performance shall be fair, not arbitrary or inconsistent.
Members of the college community, including students, have the right to expect safety, protection of property, and the continuity of the educational process.
Each student, as a responsible adult, shall maintain standards of conduct appropriate to membership in the college community. Such responsibilities include the following:
Each student has the responsibility to demonstrate respect for themselves as well as faculty, staff and other students.
Each student has the responsibility to know, understand, and abide by the regulations and policies of the college.
Each student has the responsibility to pay all fines and debts to the college.
Each student has the responsibility to maintain academic integrity and abide by the academic honesty policy of the college.

Student Code of Conduct

The College reserves the right to maintain a safe and orderly educational environment for students and staff. Therefore, when in the judgment of college officials, a student’s conduct disrupts or threatens to disrupt the College community, appropriate disciplinary action will be taken to restore and protect the orderliness of the Virginia Peninsula community.

This code contains procedures for dealing with alleged student violators of college standards of conduct to which students must adhere and the penalties that may be imposed for the violation of those standards. It also contains descriptions of the standards of conduct to which students must adhere and the penalties which may be imposed for the violation of those standards.

Violations
A student who commits one of the following violations on campus or any other VPCC instructional site, activity or event will be subject to disciplinary action:

•Engages in the possession, use, sale, or manufacture of illegal or controlled substances.
•Unauthorized use or consumption of alcohol.
•Alteration or falsification of official College records.
•Failure to pay a debt owed the College or presentation of a check with intent to defraud.
•Possession on one’s person of illegal or dangerous weapons (e.g., knives, guns, etc.).
•Gambling of any nature on College property or during College activities unless officially authorized by the College (i.e., state lottery).
•Any form of hazing (subjection of another to any embarrassment, ridicule, or physical, psychological, or abusive act or harassment).
•Failure to comply with the College regulations/guidelines on expressive activity. Applicants may contact the Vice President for Enrollment Management and Student Success.
•Fighting, obscene conduct, public profanity, or disruptive behavior.
•Damaging, defacing, stealing, or destroying College property or property of a member of the College community or campus visitor.
•Violation of College policies or regulations governing parking, registration of student organizations, or use of College facilities.
•Failure to comply with lawful directions of campus officials including instructors, acting in performance of their duties.
•Commitment of any act which constitutes a felony under Federal or State law.
•Bullying of a student, faculty, or staff member. To include cyber bullying.

Disciplinary Proceedings

Classroom Disruptive Behavior:
For purposes of this policy, a “classroom” is the meeting of a class whether in person or online. Inappropriate classroom behavior impacts the learning process of students. The instructor is responsible for maintaining an environment conducive for student learning as an official College representative. If the instructor feels that the behavior of one or more students is disruptive to the class, the instructor is expected to intervene with an appropriate level of authority to restore a conducive learning environment. Responses might range from a simple request for the class to settle down to a summoning of police to escort an individual(s) from the classroom. When the disruption is sufficient to impair re-establishing a conducive classroom atmosphere, the instructor may exercise the option to cancel the remainder of the class meeting. The student has the right to return the next class period unless the instructor refers the incident to the Dean of Retention and Student Success. Instructors are not authorized to ban students from the classroom.

When an instructor feels that it is necessary for a student to leave the classroom because of disruptive behavior, then the instructor should direct the student to do so. The instructor has the authority to request that the student leave for that day’s activity. If the student refuses to leave voluntarily, then the instructor can request the student leave by means of a police escort. If the disruption requires that police be summoned, then the instructor will complete the Virginia Peninsula Report and Incident or Concern, which is found on the Virginia Peninsula website at the bottom of each page. The incident report must be reported within 24 hours of the incident. If the instructor feels the disruption requires further disciplinary action taken by the Academic Dean to discuss the inappropriate behavior, the faculty member will document the incident and require that the student meet with the Academic Dean prior to allowing the student to return to class to discuss the inappropriate behavior.

The incident report form will be directed to the Academic Dean, who will meet with the student within a reasonable period to discuss the complaint. The Academic Dean will have received a written complaint from the instructor detailing any special concerns. After discussing the incident with the student, the Academic Dean may exercise several courses of action as a result of the meeting. The Academic Dean may:

1.Authorize the student to return to the class.
2.Hold an informal session with the instructor and the student to negotiate an agreement between the two.
3.Shift the student to another section of the course, after discussing the change with the receiving instructor.
4.Report the student incident to the Dean for Retention and Student Success.

If action four is selected, the Academic Dean or designee will immediately forward all written records and proceedings to the Dean for Retention and Student Success or designee. When the Dean for Retention and Student Success or Vice President for Enrollment Management and Student Success receives information that a student has allegedly violated a rule, regulation, policy, or procedure, then the administrator will initiate the Disciplinary Proceeding Procedure. The Dean for Retention and Student Success will contact the Vice President for Workforce Development in the case of Workforce Development courses.

Non-classroom Disruptive Behavior:
Inappropriate non-classroom behavior impacts College members’ abilities to perform their duties of fulfilling the educational mission of the College. As an official College representative, the College member is responsible for maintaining an environment that fulfills the College mission. If the College member feels that the behavior of one or more students is disruptive to the office, activity, event, or campus life in general, the College member is expected to intervene or report immediately to the appropriate person with an appropriate level of authority. Responses might range from a simple request for the individual or group to settle down to a summoning of campus police.

If the disruption requires that campus police be summoned, then the College member will complete the Report and Incident, or Concern form found on the Virginia Peninsula website at the bottom of each page to document the incident. The form will be given to the Dean for Retention and Student Success or designee. When the Dean for Retention and Student Success or designee receives information that a student has allegedly violated a rule, regulation, policy, or procedure, then the administrator will initiate the Disciplinary Proceeding Procedure. The Dean for Retention and Student Success will contact the Vice President for Workforce Development in the case of Workforce Development course sites.

Scholastic Dishonesty:
Officials of Virginia Peninsula certify successful completion of work for degrees, diplomas, and certificates when satisfied that the absolute integrity of the student has been maintained in the completion of such work. It is imperative that students maintain a high degree of individual honor in their scholastic endeavors. Scholastic dishonesty will not be condoned under any circumstances.

If a student is suspected of scholastic dishonesty, the faculty member directly involved will investigate the matter. If the faculty member suspects the student of scholastic dishonesty, the faculty member will complete a Report an Incident or Concern, which is found at the bottom of each Virginia Peninsula webpage. The form will be directed to the appropriate Academic Dean along with the action that the instructor has taken. The action may involve a grade reduction for the work in question, the assignment of a failing grade for the course, and/or a recommendation for possible dismissal from the College. If the faculty member recommends that the student should be dismissed from the College, then the Academic Dean must contact the Vice President for Academic Affairs.

The Dean will immediately forward all written records to the Vice President for Academic Affairs or designee. When the Vice President for Academic Affairs or designee receives information that a student has allegedly violated a rule, regulation, policy, or procedure, then the administrator will initiate the Scholastic Dishonesty Disciplinary Proceeding Procedure. The Vice President for Academic Affairs will contact the Vice President for Workforce Development in the case of Workforce Development courses.

Generally, scholastic dishonesty is interpreted as cheating on an examination or quiz, which includes giving or receiving information; copying, using unauthorized materials in tests; collaborating during examinations; substituting for another person or allowing substitutions during examination; plagiarizing, submitting of work other than one’s own; and colluding with another person or persons in submitting work for credit unless such collaboration is approved in advance by the instructor.

Disciplinary Proceeding Procedure for Violation(s) of the Student Code of Conduct

The College reserves the right to hold Student Code of Conduct meetings and hearings virtually or in person.

Section One: Investigation

When the Dean for Retention and Student Success or designee receives information that a student has allegedly violated a rule, regulation, policy, or procedure, the Dean for Retention and Student Success or their designee shall investigate the alleged violation. After completing the preliminary investigation, the Dean for Retention and Student Success or designee may:
1. Dismiss the allegation as unfounded.
2. Determine the severity and nature of the problem.
3. Summon the student for a conference to evaluate the severity and the dispensation of the allegation and:
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 Dean for Retention and Student Success or designee;
Proceed administratively if it is determined that the facts of the alleged violation are in dispute and must be further probed by the Dean for Retention and Student Success or designee; or
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.
The President of the College, Vice President for Enrollment Management and Student Success, Dean for Retention and Student Success, 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 themselves and others. The President or the Vice President for Enrollment Management and Student Success shall afford the affected student an informal opportunity to discuss, prior to a formal hearing, possible extenuating circumstances.

Section Two: Summoning Students

A student may be summoned to appear in connection with an alleged violation by the Dean for Retention and Student Success or designee by calling the student at the phone number listed in the student’s record or by emailing the student by means of the student’s Virginia Peninsula email account.
The summons shall direct the student to appear at a specified time and place not less than three (3) class days after the time of the call or date of the letter. The summons shall briefly describe the alleged violation.
The Dean for Retention and Student Success or designee may, for good cause, postpone the hearing so long as all interested parties are notified of the new hearing date, time, and place.
The Dean for Retention and Student Success or designee may place a disciplinary hold on the student’s record if the student fails to appear for the scheduled meeting. The Dean for Retention and Student Success will move forward under Sections Three and Four.

Section Three: Administrative Disposition of a Non-Disputed Violation

When the accused does not dispute the facts, the Dean for Retention and Student Success or designee may administratively dispose of any violation.
In administratively disposing of a violation, the Dean for Retention and Student Success or designee may impose any disciplinary action authorized by Section Ten.
At a conference with a student in connection with an alleged violation, the Dean for Retention and Student Success or designee shall advise the student of the charges against the student and of the process available for the student to respond to the charges.
The Dean for Retention and Student Success or designee 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 minors.) The student shall sign a statement that they understand the nature of the charges and voluntarily waives their right to a hearing and the right to an appeal.
A student may refuse the 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, they understand the nature of the charges and are voluntarily waiving the right to a hearing and appeal.

Section Four: Administrative Disposition of a Disputed Violation

At a conference with a student in connection with an alleged violation, the Dean for Retention and Student Success or designee shall advise the student of the disciplinary procedures to be followed in disposing of the matter.
The Dean for Retention and Student Success or designee may administratively dispose of any violation if it is in the best interest of the College and the student concerned voluntarily consents in writing to administrative disposition.
In administratively disposing of a violation, the Dean for Retention and Student Success or designee may impose any disciplinary action authorized under Section Ten.
If a student accepts administrative disposition of the alleged violation, the student shall sign a statement that they understand the violation charges, the right to a hearing, the penalty imposed, and voluntarily waives the right to appeal.
A student may refuse administrative disposition of the alleged violation and, on refusal, is entitled to due process under Sections Five through Seven.
The Dean for Retention and Student Success 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 (except for emancipated minors), and to appropriate administrative personnel.

Section Five: Student Code of Conduct Appeals Committee Hearing

When a student refuses administrative disposition of a violation, they are entitled to due process, including a hearing before a Student Code of Conduct Appeals Committee. The student must submit a written request for a hearing to the Dean for Retention and Student Success on or before the seventh business day following the administrative disposition under Sections Three and Four. For purposes of this code, Saturdays and Sundays are not defined as business days.
The Student Code of Conduct Appeals Committee shall be selected by the Dean of Students or designee within fifteen (15) days of the hearing request. The Committee shall consist of two faculty-ranked personnel, one classified staff person, and two students who have volunteered to serve on the committee. The list of interested people’s names for the committee may be developed at the beginning of each academic year and may be in effect for the duration of that year. The student requesting a hearing may, if they feel that one of the selected committee members will not fairly judge the merits of the alleged violation, request another person from the list in that same category.
The Student Code of Conduct Appeals Committee must hear the case within fifteen (15) days of their being selected.
The Student Code of Conduct Appeals Committee shall elect a Chairperson. The Chairperson of the Committee shall rule on the admissibility of evidence and objections to procedure; however, a majority of the Committee members may override the Chairperson’s ruling. All members of the Committee are eligible to vote in the hearing.
The Dean for Retention and Student Success or designee shall represent the College before the Student Code of Conduct Appeals Committee and present evidence to support any allegations of violations of board rules, College regulations, and/or administrative rules.

Section Six: Notice

The Chairperson of the Student Code of Conduct Appeals Committee shall set the date, time, and place for the hearing, and the Dean for Retention and Student Success Office will notify the student by email to the student’s Virginia Peninsula email account of the date, time, and place of the hearing. This notice shall be sent within five (5) business days of the receipt of the student’s request for a hearing. (See Section Six, subparagraph 4, for the content of the notice.)
The Dean for Retention and Student Success or Committee Chair may, for good cause, postpone the hearing so long as all interested parties are notified of the new hearing date, time, and place.
The Student Code of Conduct Appeals Committee may hold the hearing in absentia if the student has received actual notice of the date, time, and place of the hearing and fails to appear at the hearing.
The notice under subparagraph (1) above shall:
Specify the charge or charges being made.
1. Be accompanied by a statement of the complaint which will include the identity of the person making the allegation.
2. Direct the student to appear virtually or in person before the Committee on the date and at the time and place specified.
3. Advise a minor student of the right to have their parents or legal guardian present at the hearing.
4. Advise a student of the right to have an advisor present to provide advice to the student; however, any advisor or legal counsel may not participate directly in the proceedings.

Section Seven: Procedure

The College may be represented by staff members of the Office of the Vice President for Enrollment Management and Student Success, or other persons designated by the President for the College. The Chairperson shall provide reasonable opportunities for witnesses to be heard. The student may request from the Dean for Retention and Student Success a copy of all documentation to be used against him or her no later than three (3) days prior to the hearing date.
The Committee shall proceed generally as follows during the hearing:
1. The Dean for Retention and Student Success or designee reads the complaint.
2. The Dean for Retention and Student Success or designee presents the College’s case. Any person giving testimony may be questioned by the student.
3. The student presents their defense. Any person giving testimony may also be questioned by the Dean for Retention and Student Success or designee.
4. The Dean for Retention and Student Success or designee and the student may present rebuttal evidence and argument.
5. The Committee 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.
6. All evidence shall be offered to the Committee during the hearing and made part of the hearing record.
7. A student may not be compelled to testify against himself or herself.
8. Committee members may freely question witnesses at any time.
9. The Committee will vote on whether there has been a violation of this Code of Conduct. If the Committee finds the student has violated this Code of Conduct, the Committee will recommend an appropriate penalty as stated in Section Ten.
10. The Committee will submit the decision and any disciplinary recommendations to the Dean for Retention and Student Success within five (5) days of the hearing. The Committee shall state in writing each finding of a violation and the penalty recommended. The decision of a simple majority of the members of the Committee shall be submitted as the final decision of the Committee. Those members of the Committee concurring with the findings and recommendation shall sign the statement and forward it to the Dean for Retention and Student Success or designee. A minority report may be submitted by those Committee members who do not agree.
11. The Dean for Retention and Student Success or designee shall inform the student of the Committee’s decision and decide on a penalty, if appropriate, with the findings and recommendation within ten (10) days.
12. Legal rules of evidence do not apply to hearings before the Student Code of Conduct Appeals Committee. The Committee may admit any pertinent information and may exclude irrelevant, immaterial, and unduly repetitious evidence.

Section Eight: Record.

The hearing record shall include:
1. A copy of the notice required under Section Six.
2. All documentary and other evidence offered or admitted as evidence.
3. Written motions, pleas, and any other materials considered by the Committee.
4. The Committee’s finding.
The hearing record will be forwarded to the Dean for Retention and Student Success where it will be securely maintained.

Section Nine: Petition for Administrative Review.

A student is entitled to appeal to the Vice President for Enrollment Management and Student Success within ten (10) days of the Dean of Retention and Student Success dated notification letter. The Vice President will render a final decision to the complainant, grievant, Dean for Retention and Student Success, and the Chairman of the Student Code of Conduct Appeals Panel, within ten (10) business days of the recipient of the appeal. This decision will remain final. If a notice of appeal is given, the Dean for Retention and Student Success or designee shall send the record to the Vice President for Enrollment Management and Student Success on or before the third business day after notice is given.
The Vice President for Enrollment Management and Student Success shall automatically review every penalty of expulsion.
A petition for appeal shall contain the information required by Section Five. The student retains the rights described in Sections Five and Seven.
The student has the right to review the hearing record in the Office of the Dean for Retention and Student Success prior to the day of the appeal.
The Vice President for Enrollment Management and Student Success shall take such action as determined to be appropriate at any time during the process.

Section Ten: Authorized Disciplinary Penalties.

The Student Code of Conduct Appeals Committee may recommend and the Dean for Retention and Student Success, under Sections Three and Four, will determine and impose one or more of the following penalties for violation of this Code of Conduct.

Admonition
Warning probation
Disciplinary probation
Withholding of transcript or degree
Bar against re-admission
Restitution
Suspension of privileges
Suspension of eligibility for official co-curricular activities Denial of degree
Suspension from the College
Expulsion from the College

The Following Operational Definitions Apply to the Penalties Provided in Section Ten.

Admonition: A written reprimand from the Vice President for Academic Affairs, the Vice President for Enrollment Management and Student Success or the Dean for Retention and Student Success to the student on whom it is imposed.
Warning Probation: Indicates that further violations of regulations will result in more severe disciplinary action. Warning probation may be imposed for any length of time up to one calendar year, and the student shall be automatically removed from probation when the imposed period expires and when all conditions imposed during the probationary period are fulfilled.
Disciplinary Probation: Indicates that further violations may result in suspension.
Withholding of Transcript or Degree: Imposed upon a student who fails to pay a debt owed to the College or who has a disciplinary case pending final disposition. Unless the student has filed for bankruptcy and proves undue hardship in paying tuition. The penalty terminates on payment of the debt or final disposition of the case.
Bar against Re-admission: Imposed on a student who has left the College on forced withdrawal for disciplinary reasons.
Restitution: Reimbursement for damage to or misappropriation of funds or property. Reimbursement may take the form of appropriate service to repair or otherwise compensate for damages.
Suspension of Privileges: A penalty which may impose limitations or restrictions to fit the particular case.
Suspension of Eligibility for Official Co-Curricular Activities: Prohibits, during the period of suspension, the student on whom it is imposed, from joining a registered student organization; from taking part in a registered student organization’s activities or attending its meetings or functions; and from participating in an official co-curricular activity. Such suspension may be for any length of time up to one (1) calendar year.
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.
Suspension from the College: Prohibits, during the period of suspension, the student on whom it is imposed from being initiated into an honorary or service organization; from entering the College campus except in response to an official summons; and from registering either for credit or for noncredit courses or other scholastic work through the College.
Expulsion: Permanent severance from the College.

Policy on Sexual Harassment

A.Notice of Nondiscrimination

As a recipient of federal funds, Northern Virginia 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. VPCC’s Title IX Coordinator is LaRhonda Johnson Horton, whose office is located in Kecoughtan Hall, Room 201K, and may be contacted by email at hortonl@vpcc.edu.

B.Policy

Virginia Peninsula 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.
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

Actual Knowledge. Actual knowledge means notice of sexual harassment or allegations of sexual harassment to a College’s Title IX Coordinator or any other official of the College who has authority to institute corrective measures on behalf of the College. “Notice” includes, but is not limited to, a report of sexual harassment to the Title IX Coordinator.
Advisor. 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.
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 or dismissal of a formal complaint or any allegations therein. The Appeal Officer decides whether to grant the appeal and determines the result of the appeal.
Campus. 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.
Complainant. 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.
Consent. Consent is knowing, voluntary, and clear permission by word or action, to engage in mutually agreed upon sexual activity. Silence does not necessarily constitute consent. Past consent to sexual activities, or a current or previous dating relationship, does not imply ongoing or future consent. Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). An individual cannot consent who is under the age of legal consent. The existence of consent is based on the totality of the circumstances, including the context in which the alleged incident occurred. 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.
1. 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.
2. Physical helplessness means unconsciousness or any other condition existing at the time which otherwise renders 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.
Cross-examination. Cross-examination is the opportunity for a party’s advisor to ask questions of the other party and the other party’s witnesses.
Cumulative Evidence. Cumulative evidence is additional evidence that has been introduced already on the same issue and is therefore unnecessary. The Hearing Officer has the discretion to exclude cumulative evidence.
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.
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.
Direct Examination. Direct examination is the questioning of a witness by a party who has called the witness to provide such testimony.
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.
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.
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.
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.
Facilitator. A Facilitator guides a discussion between parties during the informal resolution process and reaches a decision to the satisfaction of each party.
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.
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.
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.
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.
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.
Preponderance of the Evidence. A preponderance of the evidence is evidence that shows that the allegation against the respondent is more likely to be true than not. The 4 preponderance of the evidence standard is the standard of evidence the College must use to determine responsibility.
Relevance. Relevance refers to evidence that tends to prove or disprove whether the respondent is responsible for the alleged conduct. A relevant question asks whether the facts material to the allegations under investigation are more or less likely to be true. A question not directly related to the allegations in the formal complaint generally will be irrelevant.
Remedies. 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.
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.
Respondent. 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.
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 other designee]; or an employee a student could reasonably believe has such authority or duty. A Responsible Employee shall not be an employee who, in their 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. At NOVA, the Ombudsperson for Students and the Ombudsperson for Employees are not designated as Responsible Employees as defined in Va Code § 23.1-806, nor as in the College’s Sexual Misconduct policy and as such does not have authority to act or redress allegations of sexual violence nor a duty to report such to the Title IX Coordinator. Furthermore, the Ombudsperson is not designated as a Campus Security Authority for purposes of reporting requirements under the Clery Act.
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.
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.
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 their will. Sexual assault includes sexual violence.
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.
Sexual Harassment. Sexual harassment means conduct on the basis of sex that satisfies one or more of the following:
1. 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;
2. 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; and
3. Clery Act/VAWA Offenses: Sexual assault/sexual violence, dating violence, domestic violence, and stalking, as defined by this Policy.
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.
Stalking. Stalking means engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for their 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.
Statement. A statement is a person's intent to make factual assertions during the formal or informal resolution process, 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, such as emails and texts may be considered by the Hearing Officer even if they were not subject to cross-examination at a live hearing.
Supportive Measures. Supportive measures are 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.
Third Party. A third party is any person who is not a student or employee of the College.
38.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.
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.
Workday. A workday is any eight-hour day, Monday through Friday, that the College is open for regular business. Workdays include days when classes are not held, but when employees are expected to be at work.
Written Determination. A written determination is the written decision by a Hearing Officer 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

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

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 or.
Whether or not a report is made to law enforcement, any person may report incidents of sexual harassment, domestic violence, dating violence, sexual assault, or stalking (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute a violation of this Policy), in person, via our online form Incident Report Form, 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. Virginia Peninsula Community College Title IX Campus Resources Title IX Coordinator: LaRhonda Johnson Horton Kecoughtan Hall, Room 201K, email: hortonl@vpcc.edu.

During non-business hours, members of the campus community should report alleged violations of this Policy to Campus Police at 757-825-2732.
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 could also result in the loss of relevant evidence.

H. Confidentiality and Anonymous Reports

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.
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.
Responsible Employees must report all alleged violations of this Policy obtained in the course of their 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/other designated official] 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.
If a complainant wishes to keep the report of sexual harassment completely confidential, it is recommended that their 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 will be limited to providing supportive measures, if appropriate and reasonably available. When supportive measures are provided, the College will protect that person’s privacy to the extent possible while still providing the supportive measures.
The College will accept anonymous reports, but a complainant may not remain anonymous if a complainant files a formal complaint. In the absence of a formal complaint, the College’s response will be limited to providing supportive measures if appropriate and reasonably available.
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 they are 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.

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

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 9 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 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 notice of suspension.
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.
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.

L. Supportive Measures

The College will offer supportive measures to complainants and respondents, 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.
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. Support Services

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.
For information about available resources, go to:
Community Resources-Sexual Assault
Community Resources-Mental Health

N. 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.
The program, at a minimum, shall include:
1. A statement that the College prohibits sexual harassment, including sexual assault, domestic violence, dating violence, and stalking;
2. The definition of sexual harassment, including sexual assault, domestic violence, dating violence, and stalking;
3. The definition of consent;
4. 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;
5. Information on risk reduction to recognize warning signs of abusive behavior and how to avoid potential attacks;
6. Information on possible sanctions and procedures to follow after an incident of sexual assault, domestic violence, dating violence or stalking;
7. The College’s disciplinary procedures;
8. Information on how the College will protect confidentiality; and
9. Written notification about available resources and support services and available supportive measures available if appropriate and reasonably available.
The College offers the prevention and awareness program to all new and existing students and employees.

P. Academic Freedom and Freedom of Speech

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.
In addressing all complaints and reports of alleged violations of this Policy, the College will take actions to comply with this Policy that recognizes and ensures 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 is also 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

Reports to Law Enforcement. The Title IX Coordinator will assist members of the campus community in reporting incidents of sexual violence as defined by this Policy 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.
Meeting(s) of the Review Committee. Within 72 hours of 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 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.
Disclosures to Law Enforcement. Under Virginia law, the Review Committee 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.
1. 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.
2. The Title IX Coordinator will notify the alleged victim in writing that the College will disclose such information to law enforcement.
Disclosures to the Commonwealth’s Attorney. 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 S3.
1. 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 Committee meeting shall disclose the information to the local Commonwealth’s Attorney (or other 13 prosecutor responsible for prosecuting the alleged act of sexual violence), including personally identifiable information, if such information was disclosed pursuant to Section S3.
2. 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.
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.
The College also must inform the complainant of the following:
1. the available law enforcement options for investigation and prosecution;
2. the importance of collection and preservation of evidence;
3. the available options for a protective order;
4. the available campus options for investigation and adjudication under the institution's policies;
5. the complainant's rights to participate or decline to participate in any investigation to the extent permitted under state or federal law;
6. the applicable federal or state confidentiality provisions that govern information provided by a victim;
7. the available on-campus resources and any unaffiliated community resources, including sexual assault crisis centers, domestic violence crisis centers, or other victim support services;
8. the importance of seeking appropriate medical attention; and
9. the College’s obligation to disclose information about the report, including personally identifiable information, to campus or 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.
7. In addition to the procedures described in this Section, the College shall follow the procedures described in Section T.

T. Handling Reports of Sexual Harassment, including Domestic Violence, Dating Violence, Sexual Assault, or Stalking

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 to the complainant 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.
Upon receiving a report of sexual harassment (including domestic or dating violence, sexual assault, or stalking), the Title IX Coordinator shall take the following actions:
1. Promptly contact the complainant to discuss the availability of supportive measures and consider the complainant's wishes with respect to such supportive measures;
2. Inform the complainant that supportive measures are available with or without the filing of a formal complaint;
3. Explain to the complainant the process for filing a formal complaint, including providing the complainant with a Formal Complaint Form, when applicable; and,
4. Give the complainant a written explanation of available rights and options as described in Sections H, L, M, N, U, and AA.
The Title IX Coordinator shall take the actions described above whether the offense occurred on or off campus.
Closing the Report. After following the procedures described in this Section, the Title IX Coordinator must close the report if:
1. the conduct alleged in the report would not constitute sexual harassment as defined by this Policy, even if proved;
2. the conduct did not involve an education program or activity of the College; or
3. the complainant does not file a formal complaint and the Title IX Coordinator does not sign a formal complaint.
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 and provide written notice of the decision to close the report to the complainant.
The Title IX Coordinator will document the action(s) taken and the rationale for such action(s).
The decision to close the report is final.

U. Resolution of Formal Complaints

1. The College’s Responsibilities. The College must provide a prompt, fair, and impartial investigation, and resolution of alleged violations of this Policy. The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rest on the College and not on the parties, but the parties may present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.
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.
All employees involved in the resolution of formal complaints, including the appeal process, must not have a conflict of interest or bias for or against complainants or respondents generally, or for or against an individual complainant or respondent.
All employees involved in the resolution of formal complaints receive relevant training.
The College will treat complainants and respondents equitably by providing remedies to a complainant where a determination of responsibility for sexual harassment has been made against the respondent, and by following the formal or informal resolution process before the imposition of any disciplinary sanctions or other actions that are not supportive measures against a respondent.
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 by either a formal or informal resolution process.
3. Consolidation of Formal Complaints. 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.
4. 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.
5. Preliminary Investigation. If the respondent’s identity is unknown, the Title IX Coordinator (or campus police) will conduct a preliminary investigation to determine the respondent’s identity. If the preliminary investigation fails to reveal the identity of the respondent, the Title IX Coordinator shall dismiss the formal complaint 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.
Time Frame for Resolution of Formal Complaint.

F. The formal resolution of any formal complaint should be completed normally within seventy-five (75) workdays of filing 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.

G. The informal resolution of any formal complaint should be completed within thirty (30) workdays of filing the formal complaint. Timeframes governing the formal resolution process temporarily cease, and only recommence upon reentry into the formal resolution process.

V. Formal Resolution Process

1.Formal Complaint Form. To initiate the formal resolution process, complainants must confirm in writing to the Title IX Coordinator that they requests an investigation. After due consideration of the complainant’s wishes, and the details within the Title IX Maxient Incident Report, the Title IX Coordinator may send a letter notifying those involves that a formal complaint and investigation is warranted. In determining whether to issue such an action, the Title IX Coordinator will consider the following factors:

The seriousness of the allegation(s), including whether the allegation(s) include bodily injury, threats, or the use of weapons;
The complainant’s or alleged victim’s age;
Whether there have been other similar complaints of against the same respondent; and,
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. A copy of the College’s Title IX Policy against sexual harassment, including the process by which the College resolves allegations of sexual harassment;
B. 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;

3.Notice that each party may be accompanied by an advisor of their 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;

4.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;

5.A statement that each party must notify the Title IX Coordinator in writing within five (5) workdays if they believe that the Title IX Coordinator has a conflict of interest or bias against the party; and

6.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:

1.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;
2.Explain avenues for formal resolution and informal resolution of the formal complaint;
3.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;
4.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;
5.Explain the investigative process, including the right to discuss the allegations under investigation and to present fact and expert witnesses and other relevant evidence;
6.Discuss confidentiality standards and concerns with the complainant; g) Discuss non-retaliation requirements;
7.Refer the complainant to campus and community resources, including the local sexual assault crisis center, domestic violence crisis center, victim support service with which the College has entered into a memorandum of understanding, or other appropriate support services;
8.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;
9.Discuss the right to a prompt, fair, and impartial resolution of the formal complaint; and,
10.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:

Review the allegations;
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;
Explain the investigative process, including the right to discuss the allegations under investigation and to present fact and expert witnesses and other 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;
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; and
Answer questions about the Policy and procedures.

5. Title IX Coordinator’s Initial Determination

A. Mandatory Dismissal of Formal Complaint. After completing the initial meetings, the Title IX Coordinator must dismiss the formal complaint if:

1.the conduct alleged in the formal complaint would not constitute sexual harassment as defined in this Policy even if proved;
2.the conduct did not involve an education program or activity of the College;
3.the conduct did not occur against a person in the United States.

B. Optional Dismissal of Formal Complaint. The Title IX Coordinator may dismiss the formal complaint if:

1.a complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any of its allegations. If a complainant requests to withdraw a formal complaint, the Title IX Coordinator will consider the factors listed in Section V1 in determining whether to sign the formal complaint;
2.the respondent is no longer enrolled or employed at the College; or
3.specific circumstances prevent the College from gathering evidence sufficient to reach a determination as to the formal complaint or any of its allegations.

C. After dismissing the formal complaint, 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.

D. The Title IX Coordinator 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

A. 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.

B. 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.

C. Weighing of the 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.

D. 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 [name of 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 to provide due process. 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.

E. 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, 20 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

The Title IX Coordinator will appoint a Hearing Officer [and members of the Hearing Committee, if preferred by the College] 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 Officer will contact the parties to schedule a live hearing. The parties have five (5) workdays after being contacted by the Hearing Officer to notify the Title IX Coordinator in writing of any potential conflict of interest or bias of the Hearing Officer. The Title IX Coordinator will consider such information and will appoint a different Hearing Officer 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 Officer will notify the parties in writing simultaneously of the date, time, and place of the live hearing.
No later than fifteen (15) workdays before the live hearing, each party must notify the Hearing Officer and the other party of the following:
1. the name and contact information of the advisor, if new, or notification that a party does not have an advisor available for the hearing, if applicable;
2. 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;
3. whether a party intends to be subjected to cross-examination;
4. a description of documents or other evidence and the purpose of such evidence that will be used at the live hearing;
5. the specific remedy requested; and,
6. whether a party requests that the live hearing occurs with the parties located in separate rooms with technology that enables the Hearing Officer 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.
The Hearing Officer 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 Officer shall delay the start of the live hearing until an advisor is available.
The Hearing Officer shall ensure that at all evidence obtained during the investigation is made available to the parties at the live hearing.
Rules of the Live Hearing.
1. Evidence. The formal rules of evidence will not be applied except to determine whether the evidence or question presented is relevant or cumulative.
  •Either party may call character or expert witnesses.
  •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.
  •If the evidence or witness testimony is, on its face, not relevant or is cumulative, the Hearing Officer 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 Officer shall rule on the objection within five (5) workdays of receipt of the objection.
2. Standard of Evidence. The live hearing will determine responsibility using the preponderance of the evidence standard.
3. 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.
4. Recording or Transcript. The Hearing Officer 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.
5. Opening Statements and Closing Statements. At the sole discretion of the Hearing Officer, the parties may make opening and/or closing statements at the live hearing. The Hearing Officer will determine the time that is allotted for each.
6. Pre-Hearing Determinations. No later than ten (10) workdays prior to the live hearing, the Hearing Officer shall decide (1) whether to exclude any of the proposed evidence or witnesses, and the basis upon which such evidence or witness is excluded; and (2) whether to allow opening statements and closing arguments and the time allotted for both.
7. 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 Officer 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 Officer’s directions and determinations, maintain civility, and avoid emotional outbursts and raised voices.
  2. Repeated violations (generally, more than two) of appropriate decorum will result in a break in the live hearing, the length of which shall be determined by the Hearing Officer. The Hearing Officer has the 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.
Role of the Advisor
1. 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 their behalf.
2. Each party may retain an attorney at their 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.
3. 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.
4. 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.
Role of the Hearing Officer
1. The role of the Hearing Officer is to preside over the live hearing in a fair and impartial manner. After the live hearing, the Hearing Officer must issue a written determination regarding responsibility using the preponderance of the evidence standard of evidence. The Hearing Officer 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 Officer 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.
2. The Hearing Officer may question the parties and witnesses, but they may refuse to respond.
3. The Hearing Officer must consider all relevant evidence, including statements of a party or witness, even if such statement was not subjected to cross-examination at the live hearing. In determining the amount of weight the Hearing Officer will give to such a statement, the Hearing Officer should consider the reliability of the statement. Factors to consider include, but are not limited to, whether a party or witness commented on or challenged the statement prior to the live hearing, whether the statement is a rumor or something of which the party or witness does not have firsthand knowledge, and whether the person who made the statement has a motive or a conflict of interest that can be demonstrated through other evidence. The level of reliability will determine the amount of weight the Hearing Officer will give to the statement when reaching a determination regarding responsibility. Additionally, the Hearing Officer must not 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.
4. Within ten (10) workdays after the live hearing, or with good cause shown as soon as possible, the Hearing Officer will submit a written determination to the Title IX Coordinator. The Hearing Officer 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 24 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

The role of the Title IX Coordinator following the receipt of the written determination from the Hearing Officer is to facilitate the imposition of sanctions, if any, the provision of remedies, if any, and to otherwise complete the formal resolution process.
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.
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.
The Title IX Coordinator shall confer as necessary with employees, community resources, or other support services that will provide such remedies.
Any sanctions to be imposed or remedies to be provided should begin after five (5) workdays of issuing the final decision unless a party files an appeal.
If the respondent is a third party, the Title IX Coordinator will forward the written determination to [vice president/police chief, or other college official]. Within ten (10) workdays, the [designated official] 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

Within five (5) workdays of receipt of the final decision, either party may appeal the Hearing Officer’s written determination regarding responsibility and the final decision related to sanctions and remedies. The parties 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.
The Appeal Officer will grant an appeal only on the following bases:
1. Procedural irregularity that affected the outcome of the matter;
2. 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; and,
3. The Title IX Coordinator, investigator(s), or Hearing Officer 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.
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.
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.
The Appeal Officer must not be the Hearing Officer, the investigator, or the Title IX Coordinator and be free from conflict of interest and bias.
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.
If the Appeal Officer grants the appeal, they 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.
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.
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 Officer shall facilitate the imposition of sanctions, if any, and the provision of remedies, if any.

Z. Informal Resolution Process 26 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 Facilitator will 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 their 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.
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 resume the formal resolution process.
10. The Facilitator shall not be a witness as part of the formal resolution process, but the written informal resolution report (if applicable) shall be part of the record.

AA. Sanctions & Corrective Actions

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.
6. 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.

BB. Academic Transcript Notations and Expungement

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 [the name of the 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.
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 [name of the College’s] Title IX Policy.” Students are strongly encouraged not to withdraw from the College.
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.
Notations on academic transcripts regarding suspensions and dismissals shall be placed on the student’s academic transcript after resolution of any timely appeal.
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.
1. Persons seeking to expunge the notation on an academic transcript shall submit a written request for expungement to the [College’s designated official] no sooner than three years after the date the College placed the notation on the academic transcript.
2. 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.
3. The [designated official] shall issue a written decision and the rationale for such decision within ten (10) workdays of receipt the request.
4. 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

Title IX Coordinator(s), investigators, Hearing Officers, Appeal Officers, and Facilitators for the informal resolution process must receive annual training, as appropriate, on the following topics:
1. The definition of sexual harassment;
2. The scope of the College’s education programs or activities;
3. 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;
4. The definition of relevance;
5. Investigative report writing; and,
6. Technology that may be used at live hearings.
College-appointed advisors receive training on the definitions of sexual harassment, consent, preponderance of the evidence, and relevance.
Training materials must not rely on sex stereotypes and will promote impartial investigations and adjudications of formal complaints of sexual harassment.
All training materials must be available on the College’s website.

DD. Record Keeping

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:
1. AThe complete file for each sexual harassment investigation and formal resolution process, including (1) any determination regarding responsibility; (2) any audio or audiovisual recording or transcript of the live hearing; (3) any disciplinary sanctions imposed on the respondent; and, (4) any remedies provided to the complainant;
2. Records of any appeal and its result;
3. Records of any informal resolution process and its result;
4. All materials used to train Title IX Coordinators, investigators, Hearing Officers, Appeal Officers, and Facilitators for an informal resolution process.
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.
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.
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.

Expressive Activity

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

Policy on Expressive Activity

This policy applies to all buildings, grounds, and other spaces owned or controlled by Virginia Community 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.

Policy Statement

1.Virginia Peninsula property is primarily dedicated to academic, student life and administrative functions. As an institution of higher learning, Virginia Peninsula also represents the “marketplace of ideas,” and especially for students, many areas of campus represent a public forum for speech and other expressive activities. Virginia Peninsula places restrictions on expressive activities occurring indoors, but especially for students and student organizations, outdoor areas of campus remain venues for free expression, including speeches, demonstrations, and the distribution of literature.
2.Indoors or outdoors, Virginia Peninsula 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, Virginia Peninsula 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.

Office Responsible

The office of the Vice President for Enrollment Management and Student Success has overall responsibility for this policy.

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 Dean for Retention and Student Success or designee. Requests require at least twenty-four hours’ notice. More notice may be required to allow for sufficient logistical support and to ensure the safety and security of the campus.
2.If individuals or organizations who are not members of the Virginia Peninsula community (i.e., not student, student organizations, or college employees) desire to reserve campus facilities, they must be sponsored by a recognized student organization or Virginia Peninsula to conduct expressive activities or events on campus.
A. Virginia Peninsula will assess appropriate fees for equipment and facility use to users who are not members of the College 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. At no time shall Virginia Peninsula assess a security fee based on the anticipated reaction to the expressive activity. Refer to APM 10.1 for a schedule of the equipment and facility use fees.
B. Virginia Peninsula Community College may designate certain indoor facilities as not available for expressive activity, such as administration offices, libraries, and (during instructional hours) classrooms. Virginia Peninsula shall make the campus community aware of such areas. Any other restrictions on expressive activities occurring in indoor facilities must (a) apply equally to all individuals and organizations and (b) not depend upon the content or viewpoint of the expression or the possible reaction to that expression.

A. Administrative offices, libraries, classrooms, computer rooms, laboratories, and other places during instructional hours are not available for expressive activity. Students may access a list of indoor spaces that may be reserved for expressive activity through the Office of Student Life and Leadership. Any indoor restrictions on expressive activity will be applied equally to all individuals and organizations and not depend on the content or viewpoint of the expression or the possible reaction to that expression.

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 Virginia Peninsula has designated as not available for expressive activity under section 3(a) of this policy;
2.The requested venue is an indoor facility and the request conflicts with restrictions;
3.The venue is already reserved for another event. In the event that multiple individuals or organizations submit conflicting reservation requests, the following order of precedence shall govern: (1) official college-sponsored activities and events; (2) recognized student organization activities and events; (3) student activities and events; and (4) all other activities and events;
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. The expression of competing viewpoints or multiple speakers in proximity to each other does not, without more, constitute a substantial disruption;
6.The activity will substantially disrupt college operations (including classes);
7.The activity is a clear and present threat to public safety, according to Virginia Peninsula ’s Campus Law Enforcement;
8.The activity will occur during college examination periods; or
9.The activity is unlawful.
3.During an event, the student, student organization, or college employee requesting the reservation is responsible for preserving and maintaining the facility reserved. If the event causes any damage to those facilities, the person(s) or organization (and its officers, if applicable) shall assume responsibility.
4.When assessing a request to reserve campus facilities, Virginia Peninsula and its administrators must not consider the content or viewpoint of the expression or the possible reaction to that expression. Virginia Peninsula and its administrators may 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 organizations, or college employee’s expression, Virginia Peninsula officials (including Virginia Peninsula ’s Campus Law Enforcement) shall take all necessary steps to ensure public safety while allowing the expressive activity to continue.

Spontaneous Expressive Activity

1.Virginia Peninsula is not required to designate any indoor area as available for spontaneous expressive activities. Furthermore, Virginia Peninsula Community College does not permit spontaneous expressive activity in any indoor area.
2.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 schedule campus events (the expression of competing viewpoints or multiple speakers in proximity to each other does not, without more, constitute a substantial disruption);
4.substantially disrupt college operations;
5.constitute unlawful activity; or
6.create a clear and present threat to public safety, according to the Virginia Peninsula ’s Campus Law Enforcement.
3.No college personnel may impose restrictions on students, student organizations, or their sponsored guests who are engaging in spontaneous expressive activities 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 these activities, Virginia Peninsula officials (including Campus Police) shall take all necessary steps to ensure public safety while allowing the expressive activity to continue.

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:
A. Administrative offices
B. Classrooms, computer rooms, laboratories, and other places where instruction occurs.
C. Libraries
D. College affixed bulletin boards except as identified below:
1.Hampton campus: located in the Student Activities hallway in Kecoughtan Halls
2.Historic Triangle campus: located on the east wall of the Student Commons
3.Any member of the campus community or guest of the College may report
incidents of disruption of constitutionally protected speech. Reports can be submitted using the College’s Conduct Management Tool “Report an Incident” located on the College website. Reports are also received by the Vice President for Enrollment Management and Student Success, the Dean for Retention and Student Success, or Campus Police. Listed below is the contact information:
1.Vice President, Enrollment Management and Student Success: 757-825-3810
2.Dean for Retention and Student Success:757-253-4881
3.Campus Police: 757-825-2732
4.Should a complaint be served on the college alleging a violation of the First Amendment, the Vice President for Enrollment Management and Student Success, in collaboration with the Dean for Retention and Student Success will notify the Office of System Council as soon as possible, and not more than 20 days after being served with a complaint.
5.This policy will be maintained in the student handbook, website, and student orientation programs.

Family Educational Rights and Privacy Act (FERPA)

The Family Educational Rights and Privacy Act (FERPA) affords eligible students certain rights with respect to their education records.

The right to inspect and review the student's education records within 45 days after the day Virginia Peninsula Community College (the College) receives a request for access.
A student should submit a written request that identifies the record(s) the student wishes to inspect to the Enrollment Services Office (Room 208, Kecoughtan Hall, Hampton Campus). Enrollment Services will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by Enrollment Services, the student will be advised of the correct official to whom the request should be addressed.

The right to request the amendment of the student's education records that the student believes is inaccurate, misleading, or otherwise in violation of the student's privacy rights under FERPA.
A student who wishes to ask the College to amend a record should write the Virginia Peninsula Community College official responsible for the record, clearly identify the part of the record the student wants changed, and specify why it should be changed.

If the College decides not to amend the record as requested, the College will notify the student in writing of the decision and the student's right to a hearing regarding the request for amendment. -Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.

The right to provide written consent before the College discloses personally identifiable information (PII) from the student's education records, except to the extent that FERPA authorizes disclosure without con¬sent.

The College discloses education records without a student's prior written consent under the FERPA exception for disclosure to school officials with legitimate educational interests. A school official is a person employed by the College in an administrative, supervisory, academic, research, or support staff position (including law en¬forcement unit personnel and health staff); a person serving on the board of trustees; or a student serving on an official committee, such as a disciplinary or grievance committee. A school official also may include a volunteer or contractor outside of the College who performs an institutional service of function for which the school would otherwise use its own employees and who is under the direct control of the school with respect to the use and maintenance of PII from education records, such as an attorney, auditor, or collection agent or a student volunteering to assist another school official in performing his or her tasks. ¬A school official has a legitimate educational interest if the official needs to review an educa-tion record in order to fulfill his or her professional responsibilities for the College.
If a student desires to grant a parent or significant other access to their educational record, a FERPA release form must be completed via SIS eForm. To complete the form, students will go to MyVPCC > SIS > Student Record eForms > FERPA eForm. The student will choose a passcode for each person to whom they wish to grant access and can select the type of access they wish to grant. The passcode must be provided in order to gain access to the student's record.

If the parent desires access to the student's educational record without the student having completed the above process, a copy of the current tax year Internal Revenue Service return must be presented in the Enrollment Services Office, Kecoughtan Hall, Room 208 on the Hampton campus or the Office of Student Services, Room 117 on the Historic Triangle campus. The student must be listed as a dependent. Information can only be requested in person.

The right to file a complaint with the U.S. Department of Education concerning alleged failures by the College 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, DC 20202

Upon request, Virginia Peninsula Community College may disclose education records without consent to officials of another school in which a student seeks¬ or intends to enroll.

Notice Regarding Directory Information

FERPA designates certain information as "directory information", which may be released upon request without the student's express written consent. It is the policy of the College not to publish a student directory; however; name, major/field of study, dates of attendance, degrees and awards received, and names of previous institutions attended can be released upon request unless a student notifies the Office of Enrollment Services by the end of the first week of classes that such directory information should remain confidential.

Americans With Disabilities Act Policy Statement

Virginia Peninsula Community College complies with the requirements of the Americans with Disabilities Act (ADA) and provides reasonable accommodations to its employees, students and those persons receiving services from the College who are entitled to such accommodations by law. Employees and persons receiving services from the College who have disabilities that require accommodations are responsible for informing the Office of Accessibility Services of their disabilities that require such accommodations. Reasonable accommodations may include but are not necessarily limited to the following:
•Making existing facilities used by students and employees accessible to, and usable by, individuals with disabilities.
•Acquiring or modifying equipment, desks, and devices.
•Adjusting or modifying examinations, training, or academic materials, and policies.
•Modifying academic or work schedules.
•Providing other reasonable assistance as required.

Americans With Disabilities Act Grievance Procedure

Virginia Peninsula 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 I and Title II of the Americans with Disabilities Act (ADA). Title I states, in part, that “an individual with a disability who, with or without reasonable accommodation, can perform the essential functions of the employment position that such individual holds or desires.” 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.

The purpose of this procedure is to provide all Virginia Peninsula Community College faculty, staff, students, and the public with a method of addressing complaints of non-compliance with the Americans with Disabilities Act. The Office of Accessibility Services is located in Room 222, Kecoughtan Hall on the Hampton Campus and in Room 117 at the Historic Triangle Campus. Contact information: Phone: 757-825-2833 Email: oas@vpcc.edu.

1.The complainant may file an informal complaint by contacting the ADA Coordinator within 20 working days after the complainant becomes aware of the alleged violation.
2.An investigation conducted by the ADA Coordinator, as may be appropriate, shall follow the filing of a complaint. The investigation shall be informal but thorough and afford all interested people and their representatives, if any, an opportunity to submit evidence relevant to the complaint. Upon completion of the investigation, the ADA Coordinator shall advise the complainant of the determination of the investigation within 10 working days.
3.The ADA Coordinator shall maintain the files and records relating to the complaints filed.
4.If the complainant desires further action, they may file a formal grievance with the Equal Employment Officer/Academic Affairs Officer (EEO/AA) within 10 working days from receipt of the determination. The EEO/AA officer will conduct a prompt and thorough investigation. The EEO/AA officer will consult with other resources, as deemed appropriate, in deciding. A written determination to the validity of the grievance and a description of the resolution, if any, shall be issued by the EEO/ AA officer and forwarded to the complainant within 10 working days after receipt of the grievance. The grievance is considered concluded upon receipt of the determination by the EEO/AA officer.
5.If a complaint is against the ADA Coordinator, the ADA Grievance Procedure is followed, except that the complaint is filed with the college’s EEO/AA Officer. If the complainant desires to appeal, they may file a formal grievance with the President of the College or the President’s designee of the College within 10 working days after receipt of the determination.
6.If a complaint is against the EEO/AA officer, the ADA grievance procedure is followed, except that the complaint is filed with the ADA coordinator. If the complainant desires to appeal, they may file a formal grievance with the President of the College or the President’s designee within 10 working days after receipt of the determination.
7.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.
8.These rules shall be construed to protect the substantive rights of interested persons to meet appropriate due process standards and to assure that Virginia Peninsula Community College complies with the ADA and implementation of the regulations.
Other remedies include the filing of an ADA complaint with the Federal Office of Civil Rights Department of Education (EEOC) or another responsible federal agency. A state employee may file a complaint with the state EEO or initiate a grievance under the state grievance procedure.

A. Restitution: Reimbursement for damage to or misappropriation of funds or property. Reimbursement may take the form of appropriate service to repair or otherwise compensate for damages.
B. Suspension of Privileges: A penalty which may impose limitations or restrictions to fit the case.
C. Suspension of Eligibility for Official Co-Curricular Activities: Prohibits, during the period of suspension, the student on whom it is imposed, from joining a registered student organization; from taking part in a registered student organization’s activities or attending its meetings or functions; and from participating in an official co-curricular activity. Such suspension may be for any length of time up to one (1) calendar year.
D. 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.
E. Suspension from the College: Prohibits, during the period of suspension, the student on whom it is imposed from being initiated into an honorary or service organization; from entering the College campus except in response to an official summons; and from registering either for credit or for noncredit courses or other scholastic work through the College.
F. Expulsion: Permanent severance from the College.

Contagious Disease Policy and Procedures

Virginia Peninsula Community College is committed to maintaining, to the extent reasonably possible, a safe environment for all students and employees (the “College community”). This policy helps prevent the spread of contagious diseases through measures focusing on safety, prevention, and education. As needed, Virginia Peninsula 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. Virginia Peninsula 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 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 College’s Director (Dean of Public Safety, Allied Health, and Human Services) and/or Coordinator (Police Chief) of Emergency Preparedness, Health and Safety will serve as the point(s) of contact between the local health department and the College.

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 their instructors and the Dean for Retention and Student Success or designee.

The Dean for Retention and Student Success or designee may send students home if they exhibit or report symptoms of the contagious disease. Failure to follow the Dean for Retention and Student Success or designee 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 Academic Division Dean if they have any difficulties or concerns. The College will provide reasonable accommodation as requested and required by law. Students should check course syllabi for the most current updates.
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.

Virginia Peninsula Community College 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 them and agree 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.

Institutional Policy on Smoking

In accordance with the Virginia Indoor Clean Air Act (Chapter 8.1, Code of Virginia 15.1-291.1-15.1-291.11) and the Governor’s Executive Order #41 (2006), the following policy shall regulate smoking at Virginia Peninsula effective July 1, 2009. Definitions include but are not limited to:

•Cigarette: a small roll of paper that is filled with cut tobacco and smoked.
•E-cigarette: a battery-powered device such as an electronic cigarette, electronic vaping device, personal vaporizer (PV), or electronic nicotine delivery system (ENDS), which simulates cigarette or tobacco smoking.
•Cigar: a roll of tobacco leaves longer and thicker than a cigarette that is smoked.
•Pipe smoking: the practice of tasting or inhaling the smoke produced by burning a substance, most commonly tobacco, in a pipe.

Non-Smoking Areas

Smoking shall not be permitted in areas which (1) are specifically prohibited by the Virginia Indoor Clean Air Act and the Governor’s Executive Order #41, and (2) have been identified as areas where smoking is undesirable for reasons such as not having adequate ventilation to dissipate concentrated smoke. Smoking is prohibited in all campus buildings.

Smoking Areas

A. Smoking shall be permitted in areas which (1) are not otherwise prohibited by the Virginia Indoor Clean Air Act, and (2) have been identified as having adequate ventilation (natural and/or mechanical) to dissipate concentrated smoke. The following areas have been designated as areas where smoking is permitted but people should not have to walk through smoke to reach the no smoking area. Per State guidelines, smoking is permitted on state property grounds, plazas, sidewalks, malls, and similar open pedestrian-ways provided smokers are 25 feet or more in distance away from an entrance or exit of any facility, including parking garages (http://www.dgs.state.va.us/).
B. Smoking on the Hampton campus will comply with the state-approved guidelines. Additionally, smoking gazebos will be located at 25 feet from entry and exit ways near the following buildings:
Plant Services
Hastings Hall Annex
Kecoughtan Hall near seating area
Templin Hall/Hastings Hall (parking lot side)
Hampton III near student parking lot
C. Smoking on the Historic Triangle campus will comply with the state-approved guidelines. Smoking gazebo(s) will be placed 25 feet from entry and exit ways; a Gazebo is in the far side of the east parking lot for smokers on the Historic Triangle Campus.
D. Smokers shall use ash urns to dispose of their smoking material waste and shall not litter state-owned property with smoking material waste.
E. Smoking is banned inside all state-owned vehicles (including trucks, tractors, aircraft, watercraft, and any motorized vehicle owned by the state), and any rental vehicles obtained from the Department of General Services’ rental car contract.

Enforcement
The Virginia Indoor Clean Air Act is lawful public policy included in the Code of Virginia with concomitant fines for violation. However, the primary College enforcement of this act will be implemented through the concerted efforts of College staff and students. If smokers persist in violating the College’s smoking provisions contained in this policy, staff and/or student discipline will be enforced through normal administrative channels for College employees and campus visitors and through the Student Code of Conduct for students. If this action is insufficient to correct the policy infraction, then lawful compliant actions will be taken by the College.

Specifically, the enforcement that will be followed by Campus Police:
1.First Violation: The student or employee will receive a No Smoking Awareness warning.
2.Second Violation: The student or employee will be reported to the Vice President for Enrollment Management and Student Success or to the supervisor respectively, in a written report. Code of Conduct actions will result if the violator is a student and disciplinary action will be taken by the supervisor if the violator is an employee.
3.Third and Subsequent Violations: The violator will be reported as appropriate and will be subject to a Virginia Uniform Summons which may result in a fine of up to $25.00 and/or court appearance.

Student Illicit Drug Use and Alcohol Abuse Policy

Virginia Peninsula Community College has approved and adopted this Student Illicit Drug Use and Alcohol Abuse Policy in accordance with the Drug-Free Schools and Campuses Amendment relating to the Higher Education Act passed by Congress in 1989. This act requires all educational institutions to provide, in writing, to each student who is taking one or more classes for any kind of academic credit, the following:
1.The Standards of Conduct that clearly prohibit the unlawful possession, use or distribution of illicit drugs and alcohol by students on its property or as part of any of its activities.
2.A description of the applicable legal sanctions under local, state, and federal law for the unlawful possession or distribution of illicit drugs and alcohol.
3. A description of the health risks associated with the use of illicit drugs and the abuse of alcohol.
4.A description of any drug or alcohol counseling, treatment, rehabilitation, or re-entry programs available.
5.A clear statement that the College will impose disciplinary sanctions on students found in violation of local, state, and federal laws and a description of those sanctions, up to and including expulsion and referral for prosecution for violations of the standards of conduct. A disciplinary sanction may also include the completion of an appropriate rehabilitation program.

Institutional Policy on Drug and Alcohol Abuse

Recent regulations issued by the federal government, combined with the growing number of drug and alcohol related incidents have made us aware of the need for policies which regulate the use or non-use of such substances. Virginia Peninsula Community College, in its Student Code of Conduct, has identified as violations the unlawful use, possession, or distribution of narcotics, hallucinatory drugs, or controlled substances of any nature and the unauthorized use or consumption of alcohol on campus or any off-campus school-sponsored event, activity, or course. Additionally, the College has (1) complied with the Higher Education Amendment of 1986, which requires colleges and universities, to maintain federal financial aid eligibility for students, to certify that these institutions have drug abuse prevention programs, and (2) become partners with the Virginia Tidewater Consortium for Higher Education to establish a consortium-wide drug-use and alcohol-abuse prevention program. This policy statement and the procedures that follow are designed to describe the institution’s position on the use and/or abuse of drugs and alcohol on campus in accordance with the Virginia Community College Systems Policy Manual.
1. The unlawful manufacture, distribution, dispensation, possession, and/or abuse of a controlled substance on the campus of Virginia Peninsula Community College by any student is prohibited.
2.Any student alleged to be in violation of this policy will be subject to disciplinary action as described in the Student Code of Conduct.
3.The Coordinator of Student Life and Leadership will offer a drug and alcohol abuse prevention program for students.
4.Current guidelines for activities where alcoholic beverages are served are available in the Virginia Peninsula Community College Administrative Procedures Manual, 3.8.

Weapons Policy

Pursuant to State Board for Community Colleges Regulation 8VAC95-10-20 effective January 30, 2013. “Possession or carrying of any weapons by any person, except a police officer, is prohibited on college property in academic buildings, administrative office building, student centers, childcare centers, dining facilities and places of the 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.” Students who violate this policy will be subject to disciplinary action under the Student Code of Conduct up to and including dismissal.

Campus Police

The Virginia Peninsula Community College Campus Police Department is a certified professional organization staffed by highly trained personnel. The department operates 24 hours a day, 7 days a week, providing police and security-related services to the entire college community.

All sworn police personnel have successfully completed a certified basic police-training academy and are state certified. They are sworn in through the jurisdictional circuit court and are empowered to enforce all federal, state, and local laws on campus and adjacent properties. They have full authority to arrest and carry firearms. In addition to investigating criminal complaints, routine vehicle, bike and foot patrols and crime prevention, the Campus Police Department also provides other services, including locking and unlocking classrooms and buildings, administering the lost and found property program and the posting of signs. The college community is encouraged to immediately report all emergencies, criminal and/or suspicious activities to the Virginia Peninsula Campus Police Department, Office of Student Services, or Office of the Vice President for Academic Affairs. Victims and witnesses are encouraged to report criminal and/or suspicious activities on a confidential, voluntary basis through the Office of Campus Police or the Office of Student Services. Individuals may also Report an Incident or Concern by using the button at the bottom of all Virginia Peninsula webpages.

Campus Threat Assessment Team

Virginia Peninsula Community College has implemented a Threat Assessment Team (TAT) and Violence Prevention Committee to address all reported behavioral or safety issues which occur on a Virginia Peninsula campus, off-site location, or electronic site, including e-mail, blogs, and Canvas postings. The Threat Assessment Team and Violence Prevention Committee are committed to improving safety, security, and the well-being of the campus community.

If you feel there is an immediate threat, dial EXT. 3511 or call Virginia Peninsula Community College Campus Police at 757-825-2732. After hours call 757-879-3649 (Hampton) or 757-508-3449 (Historic Triangle).

To make a report click here Report an Incident. The form will be reviewed by College professionals for threats, Title IX violations, student code of conduct violations, and federal/state/local laws violations. The appropriate staff member will follow up.

Emergency Evacuation Procedures

In the event of an emergency where the building must be evacuated, the College’s fire alarm system may be activated from any pull box. Each classroom, office space, and general space contains a framed Exit Strategy. Please consult this document before attempting to exit the building.

If an evacuation is necessary, then faculty, staff, and students, other than those assigned specific duties, will:
•Ensure that all lights, office machines, electrical devices, etc., are turned off.
•Close and lock all safes, file cabinets, and other record repositories.
•Evacuate all buildings, closing office/classroom doors as they leave their respective areas, taking all personal belongings with them.

If a physically challenged student is in a class during an emergency, the instructor conducting the class will be responsible for ensuring that the individual is evacuated along with the rest of the students. Remember that the elevator is reserved for physically challenged people. Do not use the elevator in case of fire.

Comply with directions issued by authorized college personnel. All personnel will be directed to the nearest area assembly point until further instructions are received. Remain calm and move promptly from their area’s assembly points. Remain on campus and do not enter the building until a verbal all-clear signal has been given by Campus Police or Physical Plant.

Alert System

The Gator Alert System is a self-service, web-based, mass notification network that empowers Virginia Peninsula to send instant alerts to faculty, staff, and students. To take advantage of this free service, you must register with Gator Alert to receive text emergency alerts and /or email alerts. Please check with your cell phone carrier for applicable rates before you register. To create an account to receive email alerts.

Children on Campus

Current College policy dictates that no child under the age of fifteen (15) may be left unsupervised at any time while on the Virginia Peninsula campuses, unless approved by the Vice President for Enrollment Management and Student Success. Any person who leaves a child unattended may be subject to disciplinary action, or in the case of a non-student, criminal action.

Gender Neutral Bathrooms

Gender Neutral bathrooms are available on both campuses for students, staff, and faculty to use. On the Hampton Campus, they are in Kecoughtan Hall, Rooms 231 and 233. On the Historic Triangle Campus, gender-neutral bathrooms are available in the library and the Dental Hygiene Clinic, Suite 212. Please note that these bathrooms may not be accessible during all hours that the campus is open.

Medical Emergencies

If a medical emergency arises between 8 am. - 10 pm. Monday - Friday, call the Office of Campus Police, (757) 825-2732. After 10 pm. Monday – Friday, or on weekends and holidays, the Office of Campus Police can be reached --by dialing 757-897-3649. Call boxes are located throughout the Hampton campus.

The hearing impaired should use the Virginia Relay System, 1-800-828-1120. If the caller is unable to get help when calling either of these numbers, contact the Rescue Squad by dialing 911 or 9-911 from any College office or classroom telephone.
VPCC Safety

Parking Policies

Virginia Peninsula has an enforced on-campus parking plan. Everyone is required to register their vehicles with Campus Police and display a current parking hangtag on each registered vehicle. Parking on campus throughout the year, including break periods for staff and students, is by permit only. Faculty, staff, and students are not visitors; therefore, they are not allowed to park in visitor’s spaces at any time. Overnight parking is prohibited; exceptions may be granted for faculty, staff, and students by Campus Police. In the event you need to leave your vehicle on Campus (Historic Triangle, and Hampton location) overnight, you must submit an overnight parking permit form to Campus Police. The overnight parking permit form can be obtained from the Police Department located on either the Hampton or Historic Triangle Campus. If you do not complete an overnight parking permit form, your car is subject to be towed at the owner’s expense. All vehicles must display current Department of Motor Vehicles registration plates.

After-Hours Contact Procedures

Campus Police main number is 757-825-2732 for all three locations (Hampton, Southeast Center, and the Historic Triangle). When school is closed (holidays, spring break, or due to inclement weather), the contact number is 757-879-3649. If dialing the 757-879-3649 number from any phone throughout campus, you must dial a 9 first (9-879-3649). The hearing impaired should use the Virginia Relay System 1-800-828-1120.

Lost and Found Property

The Office of Campus Police is the receiving department for all found or abandoned property. If a student finds an item, they may turn it into Campus Police, Hampton IV, Room 4124 or on the Historic Triangle Campus, Room 112. The Campus Police will then make every effort to return the property to its rightful owner. Those who have lost property can report to Room 112, Historic Triangle Campus, Monday through Friday, during normal business hours to claim their property. Proof of ownership will be required (brand name, color, ID marks, etc.), as well as a photo ID. At the Historic Triangle Campus, after one month, property will be transported and stored at the Hampton Campus.

Unclaimed property will be handled in the following manner:
•Property valued at $100 or less will be held for three months.
•Property valued at more than $100 will be held for five months.

Student Computer Ethics Guidelines

Thousands of users share Virginia Community College Net computing resources. Everyone must use these resources responsibly since misuse by even a few individuals has the potential to disrupt Virginia’s Community Colleges business or the work of others. Therefore, ethical behavior must be exercised when using Virginia Peninsula Net resources. State Law (Articles 7.1 of Title 18.2 of the Code of Virginia) classifies damage to computer hardware or software (18.2-152.4), unauthorized examination (1 8.2-152.5), or unauthorized use (18.2-152.6) of computer systems as (misdemeanor) crimes. Computer fraud (18.2-152.3) and use of a computer as an instrument of forgery (18.2-152.14) can be felonies. Virginia’s internal procedures for enforcement of its policy are independent of possible prosecution under the law. Virginia Peninsula Net resources include mainframe computers, minicomputers, microcomputers, networks, software, data, facilities, and related supplies. The following guidelines shall govern the use of all VCCNet resources:

1.You must use only those computer resources that you have the authority to use. You must not provide false or misleading information to gain access to computing resources. The VCCS may regard these actions as criminal acts and may treat them accordingly. You must not use the VCCNet resources to gain unauthorized access to computing resources of other institutions, organizations, or individuals.
2.You must not authorize anyone to use your computer accounts for any reason. You are responsible for all use of your accounts. You must take all reasonable precautions, including password maintenance and file protection measures, to prevent use of your account by unauthorized persons. You must not, for example, share your password with anyone.
3.You must use your computer resources only for authorized purposes. Students or staff, for example, may not use their accounts for private consulting. You must not use your computer resources for unlawful purposes, such as the installation of fraudulently or illegally obtained software. Use of external networks connected to the VCCNet must comply with the policies of acceptable use promulgated by the organizations responsible for those networks.
4.Other than material known to be in the public domain, you must not access, alter, copy, move, or remove information, proprietary software, or other files (including programs, members of subroutine libraries, data, and electronic mail) without prior authorization. The College or VCCNet data trustee, security officer, appropriate College official, or other responsible party may grant authorization to use electronically stored materials in accordance with policies, copyright law, and procedures. You must not copy, distribute, or disclose third party proprietary software without prior authorization from the licenser. You must not install proprietary software on systems not properly licensed for its use.
5.You must not use any computing facility irresponsibly or needlessly affect the work of others. This includes transmitting or making accessible offensive, annoying, or harassing material. This includes intentionally, recklessly, or negligently damaging systems, intentionally damaging, or violating the privacy of information not belonging to you. This includes the intentional misuse of resources or allowing misuse of resources by others. This includes loading software or data from untrustworthy sources, such as freeware, onto official systems without prior approval.
6.You should report any violation of these regulations by another individual and any information relating to a flaw or bypass of computing facility security to the information security officer or the Internal Audit Department.

Respect for Copyrights, Software and Digital Media

Virginia Peninsula Community College does not condone or tolerate the unauthorized copying of copyrighted materials, including licensed computer software or digital media by faculty, staff, or students. The College shall adhere to and comply with all copyright laws and expects all members of the college community to do so as well.

Members of the college community who violate this policy may be subject to discipline as defined by the Scholastic Dishonesty sections of the 2024-2025 Student Handbook, Section 3.12.0 of the VCCS Policy Manual, or Section 1.60 of the Department of Human Resource Management’s Human Resource Policy on Standards of Conduct. Individuals engaged in the unauthorized copying, transfer, or use of software may also face civil suits, criminal charges, and/or penalties and fines. Subject to the facts and circumstances of each case, such individuals or departments shall be solely responsible for their defense and any resulting liability.

If you have questions about this policy, please contact the Virginia Peninsula Information Security Officer at 757-825-3546, or the Director of Information Technology at 757-825-3513.

Who is the author of college works?
Copyright ownership for Virginia Peninsula Community College works is determined in accordance with Section 12 of the VCCS Policy Manual entitled “Intellectual Property,” The manual can be found at www.boarddocs.com/va/vccs/Board.nsf/Public.

What is copyright infringement?
The law of copyright indicates that copyright protection applies to original works of authorship fixed in a tangible form of expression, directly or indirectly perceptible, including, but not limited to, literary works, musical works (including any accompanying works), dramatic works (including any accompanying music), motion pictures and other audiovisual works and sound recordings. The owner of copyright has exclusive rights to reproduce, perform, display and/or prepare derivative works of the copyrighted work, and to distribute copies of the copyrighted work to the public by sale or other transfer or ownership, or by rental, lease or lending. Copyright infringement is the violation of any of a copyright owner’s exclusive rights.

Examples of Copyright Infringement
Copying the contents of someone else’s webpage or use of video clips or sound recording without permission would in many cases be infringement. Unauthorized duplication, distribution, or use of someone else’s intellectual property, including computer software, is copyright infringement and is illegal and is subject to criminal and civil penalties. Unauthorized duplication and distribution of sound recordings is infringement. (e.g., MP3 format).

What is Fair Use?
The “fair use” of copyrighted works does not constitute infringement under copyright law. Fair use extends to the reproduction of copyrighted material for purposes such as criticism, comment, news reporting, teaching, scholarship, or research. To determine whether use of a work is fair use:
1.The purpose and character of the use, including whether the material is used for nonprofit educational purposes rather than commercial gain.
2.The nature of copyrighted work.
3.How much of the entire work is used; and
4.The effect of the use upon the potential market for or value of the copyrighted work.

Examples of Fair Use:
Quoting passages from, rather than a significant portion of, a book in a report for a class assignment. Providing a link to someone else’s webpage in a report for a class assignment.

What are the Penalties for Copyright Infringement?
Legal action available to the owner of the copyright includes obtaining an injunction preventing future infringement activity, as well as monetary compensation that may exceed $150,000.

Who should you contact to report a claim of copyright infringement?
Contact the Virginia Peninsula Information Security Officer at 757-387-2010 or the College Technology Officer at 757-825-2970.

Email Policy

Virginia’s Community Colleges issue student email addresses to all active students. Email is the primary means for official communication within Virginia Peninsula. The College has the right to expect that such communications will be received and read in a timely fashion. Official email communications are intended to meet only the academic and administrative needs of the campus community and will be used for college business (academic and administrative) only. Students are expected to check their student email account on a frequent basis to remain informed of college communications. It is recommended that students check email accounts daily. Students are responsible for the consequences of not reading college email communications in a timely fashion. All use of email will be consistent with other Virginia Peninsula policies.

Information Technology Acceptable Use Student/Patron Agreement

As a user of the Virginia Community College System’s local and shared computer systems, you understand and agree to abide by the following acceptable use agreement terms. These terms govern access to and use of the information technology applications, services, and resources of the VCCS and the information they generate.
The college grants access to students as a necessary privilege to perform authorized functions at the college where they are currently enrolled. Students will not knowingly permit use of their entrusted access control mechanism for any purposes other than those required to perform authorized functions related to their status as a student. These include logon identification, password, workstation identification, user identification, digital certificates, or 2-factor authentication mechanisms.

Students will not disclose information concerning any access control mechanism unless properly authorized to do so by the enrolling college. The student will not use any access mechanism that the VCCS has not expressly assigned to the student. The student will treat all information maintained on the college computer systems as strictly confidential and will not release information to any unauthorized person.

Computer software, databases, and electronic documents are protected by copyright law. A copyright is a work of authorship in a tangible medium. Copyright owners have the sole right to reproduce their work, prepare derivatives or adaptations of it, distribute it by sale, rent, license lease, or lending and/or to perform or display it. A student must either have an expressed or implied license to use copyrighted material or data or be able to prove fair use. Students and other users of college computers are responsible for understanding how copyright law applies to their electronic transactions. They may not violate the copyright protection of any information, software, or data with which they come into contact through the college computing resources. Downloading or distributing copyrighted materials such as documents, movies, music, etc. without the permission of the rightful owner may be considered copyright infringement, which is illegal under federal and state copyright law. Use of the college’s network resources to commit acts of copyright infringement may be subject to prosecution and disciplinary action.

The penalties for infringing copyright law can be found under the U.S. Copyright Act, 17 U.S.C. §§ 501-518 (http://www.copyright.gov/title 17/92chap5.html) and in the U.S. Copyright Office’s summary of the Digital Millennium Copyright Act .
http://www.copyright.gov/legislation/dmca.pdf

The student agrees to abide by all applicable state, federal, VCCS, and college policies, procedures and standards that relate to the Virginia Department of Human Resource Management Policy 1.76-Use of Internet and Electronic Communication Systems, the VCCS Information Security Standard and the VCCS Information Technology Acceptable Use Standard. These include, but are not limited to:

Attempting to gain access to information owned by the college or by its authorized users without the permission of the owners of that information.
Accessing, downloading, printing, or storing information with sexually explicit content as prohibited by law or policy.
Downloading or transmitting fraudulent, threatening, obscene, intimidating, defamatory, harassing, discriminatory, or otherwise unlawful messages or images.
Installing or downloading computer software, programs, or executable files contrary to policy.
Uploading or downloading copyrighted materials or proprietary agency information contrary to policy.
Sending e-mail using another’s identity, an assumed name, or anonymously.
Attempting to intercept or read messages not intended for them.
Intentionally developing or experimenting with malicious programs (viruses, worms, spy-ware, keystroke loggers, phishing software, Trojan horses, etc.) on any college-owned computer.
Knowingly propagating malicious programs.
Changing administrator rights on any college-owned computer, or the equivalent on non-Microsoft Windows based systems.
Using college computing resources to support any commercial venture or for personal financial gain.

Students must follow any special rules that are posted or communicated to them by responsible staff members, whenever they use college computing laboratories, classrooms, and computers in the Learning Resource Centers. They shall do nothing intentionally that degrades or disrupts the computer systems or interferes with systems and equipment that support the work of others. Problems with college computing resources should be reported to the staff in charge or to the Information Technology Help Desk.

If you observe any incident(s) of non-compliance with the terms of this agreement, you are responsible for reporting it/them to the Information Security Officer and/or management of the college.

You must use only those computer resources that you have the authority to use. You must not provide false or misleading information to gain access to computing resources. The VCCS may regard these actions as criminal acts and may treat them accordingly. You must not use VCCS IT resources to gain unauthorized access to computing resources of other institutions, organizations, individuals, etc.

The System Office and the college reserve the right (with or without cause) to monitor, access and disclose all data created, sent, received, processed, or stored on VCCS systems to ensure compliance with VCCS policies and federal, state, or local regulations. College or System Office officials will have the right to review and/or confiscate (as needed) any equipment (COV owned or personal) connected to a COV owned device or network.

You are responsible to read and abide by this agreement, even if you do not agree with it. If you have any questions about the VCCS Information Technology Acceptable Use Agreement, you will need to contact the college Information Security Officer or appropriate college official.
By acknowledging this agreement, the student hereby certifies that you understand the preceding terms and provisions and that you accept the responsibility of adhering to the same. You further acknowledge that should you violate this agreement you will be subject to disciplinary action.

Network Access
Individual accounts are given to all authorized Virginia Peninsula students. These accounts identify users by a username or screen name. The accounts are used in conjunction with a password to authenticate students to various Virginia Peninsula Tech services.
Users must obey all posted rules (e.g., Food and tobacco products are not permitted in any computing lab at any time for any reason).
All use must be authenticated by ID and password or other means. All use must follow the Computer & Network and Security Policy.

Wireless Network
Virginia Peninsula Community College offers the convenience of a wireless network to its campus community. All access through the network may be monitored and logged. Any illegal use of the wireless network will be reported to the proper authorities.

Wireless Security
Virginia Peninsula Wi-Fi for students is an open unencrypted network. Be aware that others may be able to view the information you transmit over an unencrypted wireless system. Due to the unrestricted nature of this service, the wireless network should not be considered secure. We offer this service as a convenience to our students. Activities on the Internet that transmit sensitive or private information are not suited for this service. Please use caution and your own good judgment as you surf the Web on our open wireless system.

Wireless Policy
VCCS Computer Resource Policy Agreement - Wireless Access. Please read carefully!
Computer resources (equipment, software, and band width) referred to as resources throughout this document, are to be used in support of the mission of the College.
No user shall attempt to alter or modify the setup of resources. Activities that detrimentally impact the effectiveness or usability of Virginia Peninsula resources are prohibited.
No user shall use any resource in an activity which violates federal, state, or local laws.
Activities and use of Virginia Peninsula resources may be monitored, tracked, and recorded. This may include your IP address, MAC address and any information sent or received.
State Law (Article 7.1 of Title 18.2 of the Code of Virginia).

Technology Learning Center (TLC)
The TLC on the Hampton Campus is located inside the Library in Kecoughtan Hall. The TLC at the Historic Triangle Campus is located inside the Library, Room 100. The TLC provides an environment where students, faculty and staff receive assistance in the use of technology. The TLC is committed to the success of the Virginia Peninsula community and its use of technology on both campuses.

Dress Code

Virginia Peninsula Community College strongly recommends that students dress appropriately for a collegiate campus. This includes:

No visible undergarments (bras, bustier, panties, boxers, thongs, and briefs)
No sunglasses in the classroom, unless you have a disability accommodation
No sleepwear or house slippers on campus
No disruptive attire, which may include obscene, profane, or indecent attire

College-Wide Communication

Virginia Peninsula is committed to establishing an environment of safety, transparency, and easy access of information through communication. This includes:

Virginia’s Community Colleges Gmail address is your official means of Virginia Peninsula communication
Helpdesk (Reset passwords & technical support)
The Gator Alert is a mass notification network that sends instant alerts to email and cell phones. Check with your cell phone carrier for applicable rates before you register.
To report an Incident use this form Report an Incident.

Student Handbook