Access for Persons with Disabilities
Germanna Community College is committed to the full and total inclusion of all individuals and is dedicated to the principle of individual empowerment. To this end, services are provided to ensure equal access to all aspects of the college experience for students with disabilities through the most appropriate accommodations. Services are provided based on each student’s individual needs.
Services are available to students who self-identify and provide appropriate documentation of their disability. Through accommodations and other support services on campus, Germanna Community College strives to provide a quality experience for all qualified students with disabilities. All services are provided at no charge.
Students who feel they have been denied equal access to all programs and services offered by the College may refer to the Access Policy located in the Appendix or https://www.germanna.edu/policies/employee-and-student-rights/access-policy-for-students-with-disabilities/.
Services for Students with Disabilities
Students with disabilities who will need accommodations to fully participate in the programs and services offered by Germanna Community College are encouraged to register with Disability Services at either the Locust Grove or Fredericksburg Area Campus. To be eligible for services, students must submit appropriate documentation of their disability. Services are provided based on each student’s individual needs. Services may include, but are not limited to: orientation to campus, academic accommodations, physical barrier removal, liaison with faculty and staff, and/or information and referral. In the event that an accommodation request is denied, students may refer to the grievance procedures for students with disabilities. This grievance procedure is outlined in the Germanna Community College Access Policy found in the Appendix section
of this catalog.
This policy applies to students, employees, and the public who utilize Germanna Community College’s programs and services.
It sets forth the College’s requirements for use of service animals by qualified individuals with a disability or disabilities for access to facilities and programs or as a reasonable accommodation in compliance with State and Federal legislation regarding persons with disabilities. It is the College’s intention to ensure that persons with disabilities who have a legitimate and/or documented basis for utilizing service animals on College premises are permitted to do so (as listed on the college web site). For additional information, please see the Service Animal Policy located in the Appendix or at https://www.germanna.edu/policies/employee-and-student-rights/service-animals/.
Campus Safety and Crime Awareness
The safety of all our students, staff, and visitors is a primary concern at Germanna. It is a partnership in which everyone plays an important role. The more you know about where you are; about what is happening around you; and if an emergency happens knowing how to respond will affect all of us at Germanna. Any life threatening emergencies such as a fire or medical problem should be reported immediately to the campus police.
Germanna Community College Police Department officers provided uniform patrols 24 hours a day. College facilities are open Monday through Friday from 6:30 AM until 10:00 PM, Saturday 6:30 AM till 4:00 PM. With the exception of Sunday classes or other special events the college closes from 4:00 PM on Saturday until 6:30 AM on Monday.
Telephone numbers for the College Police Department are posted on every class room phone instrument and at the main entrances to the buildings.
The most important person involving your safety is you. Observe these safety suggestions to keep yourself safe:
- Secure your personal property; do not leave purses, backpacks, computers unattended.
- Lock your vehicle; keep objects in your passenger section out of sight, put them in the trunk of the vehicle, or if you have a large open back area cover the items with a blanket The potential thief will not be tempted to steal or break into your vehicle if he does not have something to see laying on the seat.
- Use the”buddy system”or walk with a group; especially when it is dark. Have your car key ready and in your hand, and always inspect and look in your vehicle before getting behind the wheel. Leave with the group as there is greater safety in numbers.
- Upon request campus police or security officers can escort you to your vehicle in the parking lot.
- Exit the buildings from the main doors if possible during the evening hours.
- Be alert and drive slow in the parking lots to avoid striking a pedestrian or other vehicle
Report any theft or lost property, accidents, damage to property, or need for emergency services to the campus police.
As required by the federal Clery Act this college maintains annual crime statistics concerning the occurrences of reported criminal offenses and the number of arrests for particular violations on or near campus during the preceding three years. This report is available prominently on the college police website not later than 1 October annually. As required by law, this report, which is available free of charge in printed or electronic format. These statistics are available at the campus police office. You may also contact the Germanna Community College Chief of Police for this information at 1-540-891-3007, or go directly to the College Police website at http://www.germanna.edu/college-police-department/.
Germanna Community College will not tolerate sexual misconduct inclusive of sexual assault, sexual harassment and verbal misconduct, in any form, including acquaintance rape by any student toward another student, members of the faculty or staff, other employee/non-employee, or college visitors.
These charges are a serious violation of Germanna Community College policy on Sexual Violence, Domestic Violence, Dating Violence, and Stalking and is punishable through sanctions. Moreover, it is a crime subject to both criminal and civil legal actions. Students who violate this policy will have college charges processed against them in the normal manner of due process provided by college rules. Violations of college policies and various State Laws pertaining to these matters will be strictly enforced. The College Police Department will work with the victim, appropriate college authorities, and local/state jurisdictions to help maintain a safe workplace and learning environment.
In the event of a sexual assault or any sexual misconduct, the victim should first seek safety. The college strongly urges that a student who has been sexually assaulted to immediately contact the College Police. However, they may also choose to contact a College Counselor or Dean of Students.
Students can choose to pursue criminal proceedings and also file a complaint with the College, or the student can choose to just do the latter.
Counselors and Police/Security personnel on duty can be found:
College Police Emergency Number: (540) 727-2911 or 2911 from any college IP phone.
Fredericksburg Area Campus
Earl Dickinson Building, Counseling Center Room 201, (540) 891-3021 V. Earl Dickinson Building, College Police Dispatch, Room 121, (540) 891-3079 or (540) 834-1079
Locust Grove Campus
French Slaughter Building, Counseling Center, Room 205, (540) 423-9123 and College Police Office, Room 112, (540) 423-9044
Learning Cottage 900, College Police Administration Offices, Room 904 (540) 423-9183 or (540) 423-1984
Joseph R. Daniel Technology Center - Culpeper
Daniel Technology Center, Counseling Office, Room 121, (540) 937-2910 and College Police Office , Room 125, (540) 937-2920
Barbara J. Fried Center in Stafford County
124 Old Potomac Church Road, Stafford, VA 22554, (540) 288-8830
It is the intent of Germanna Community College to provide a safe and secure environment for College employees, students, and visitors by establishing preventative measures, holding perpetrators accountable, and providing assistance and support to victims. The college has policies that specifically addresses the College’s position on prevention, reduction, and management of violence to provide a safe working and learning environment for our students, employees, and visitors at all College owned, controlled, or leased properties, including off-campus locations. These policies can be found in the Appendix or at http://www.germanna.edu/policies/.
If You See Something Say Something; If you observe any behavior which you feel could be suspicious or life threatening to others at Germanna please report it promptly to the College Police, a counselor, faculty member, or college staff. Students see more than anyone else on campus. It is not snitching, but rather a response which could save someone from grave harm. Safety is Everyone’s Responsibility.
Children on Campus
Children should not be brought to the campus in lieu of appropriate child care. College facilities cannot accommodate the care of children while parents are working or attending class. The College and its staff cannot be responsible for the safety and welfare of children. Children cannot be brought into classrooms, laboratories, the Testing Center, the Tutoring Center, or the Academic Computing Center because of disruption of instruction or study, exposure to material unsuitable for children, and possible danger to the children. Children on campus must be supervised by a parent or guardian at all times, and the parent or guardian is responsible for seeing that the children are mindful of others using College facilities. This applies to all children under the age of 18 years who have not been admitted to the College.
Community Use of College Facilities
Germanna Community College provides limited use of its facilities for community groups and educational and governmental agencies. Approval of requests will be contingent on the appropriateness of the proposed activity, space availability, and budget considerations. Inquiries about community use of Germanna Community College facilities should be directed to the office of the Vice President for Workforce and Community Education.
Policy 10560: Title IX-Sexual Violence, Domestic Violence, Dating Violence, and Stalking
Notice of Nondiscrimination.
As a recipient of federal funds, Germanna Community College is required to comply with Title IX of the Higher Education Amendments of 1972, 20 U.S.C. § 1681 et seq. (“Title IX”), which prohibits discrimination on the basis of sex in educational programs or activities, admission and employment. Under certain circumstances, sexual misconduct, sexual harassment, and similar conduct constitute sexual discrimination prohibited by Title IX. Inquiries concerning the application of Title IX may be referred to the College’s Title IX Coordinator or to the U.S. Department of Education’s Office for Civil Rights. The Title IX Coordinator is Assistant Dean Mark Haines whose office is located in Room 201F of the Dickinson Building at the Fredericksburg Area Campus and may be contacted by phone at 540-891-3026 or by email at MHaines@germanna. edu. The Deputy Title IX Coordinator is Associate Vice President of Human Resources Ms. Laurie Bourne whose office is located in Room 102B at the Locust Grove Campus and may be contacted by phone at 540-423-9055 or by email at LBourne@germanna.edu.
Germanna Community College is committed to providing an environment that is free from harassment and discrimination based on any status protected by law. This Policy supplements the following general policy statement set forth by the Virginia Community College System: This institution promotes and maintains educational opportunities without regard to race, color, sex, ethnicity, religion, gender, age (except when age is a bona fide occupational qualification), disability, national origin, or other non-merit factors. This Policy also addresses the requirements under the Violence Against Women Reauthorization Act of 2013, (also known as the Campus SaVE Act).
This Policy is not intended to substitute or supersede related criminal or civil law. Individuals should report incidents of sexual and domestic violence, dating violence, and stalking to law enforcement authorities. Criminal and civil remedies are available in addition to the potential remedies that the College may provide.
The purpose of this Policy is to establish that the College prohibits discrimination, harassment, sexual assault, domestic violence, dating violence, stalking, and retaliation and to set forth procedures by which such allegations shall be filed, investigated and resolved.
This Policy applies to all campus community members, including students, faculty, staff and third parties, e.g., contractors and visitors. Conduct that occurs off campus can be the subject of a complaint or report and will be evaluated to determine whether it violates this Policy, e.g. if off-campus harassment has continuing effects that create a hostile environment on campus.
Advisor: An individual who provides the complainant and respondent support, guidance, or advice. Advisors may be present at any meeting or hearing, but may not speak directly on behalf of the complainant or respondent.
Campus: The term “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 refers to an individual who may have been the subject of a violation of this Policy and files a complaint against a faculty member, staff member, student, or third party.
Consent: Any sexual activity or sex act committed against one’s will, by the use of force, threat, intimidation, or ruse, or through one’s mental incapacity or physical helplessness is without consent. Consent is knowing, voluntary, and clear permission by word or action, to engage in mutually-agreed upon sexual activity. Silence does not necessarily constitute consent. Past consent to sexual activities, or a current or previous dating relationship, does not imply ongoing or future consent. Consent to some sexual contact (such as kissing or fondling) cannot be presumed to be consent for other sexual activity (such as intercourse). An individual cannot consent who is under the age of legal consent. The existence of consent is based on the totality of the circumstances, including the context in which the alleged incident occurred.
Mental incapacity means that condition of a person existing at the time which prevents the person from understanding the nature or consequences of the sexual act involved (the who, what, when, where, why, and how) and about which the accused knew or should have known. This includes incapacitation through the use of drugs or alcohol. Intoxication is not the same as incapacitation.
Physical helplessness means unconsciousness or any other condition existing at the time which otherwise rendered the person physically unable to communicate an unwillingness to act and about which the accused knew or should have known. Physical helplessness may be reached through the use of alcohol or drugs.
Dating Violence: Dating violence is violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury committed by a person who is or has been in a close relationship of a romantic or intimate nature with the other person. The existence of such a relationship shall be determined based on a consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
Domestic Violence: Domestic violence is violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury and that is committed by a person against such person’s family or household member, which includes a current or former spouse, a person with whom the victim shares a child in common, or who is cohabitating with or has cohabitated with the person as a spouse or intimate partner.
Respondent: A respondent refers to the individual who has been accused of violating this Policy.
Responsible Employee: A responsible employee is one designated for purposes of initiating notice and investigation of alleged violations of this Policy or who has the authority to take action to redress violations of this Policy. A responsible employee also is any employee who a person reasonably believes is a responsible employee. [Any employee with supervisory authority is a responsible employee. Alternatively, the College may name responsible employees by title, or name employees who are CSAs as responsible employees.]
A responsible employee shall not be an employee who, in his position at the College, provides services to the campus community as a licensed healthcare professional, (or the administrative staff of a licensed health care professional), professional counselor, victim support personnel, clergy, or attorney.
Review Committee: Review committee refers to the committee consisting of three or more persons, including the Title IX Coordinator or his 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, denies the individual the benefits of, or otherwise adversely affects a term or condition of an individual’s employment, education, or participation in college program or activity.
Sexual Assault: Sexual assault is defined as the intentional physical sexual contact with a person against that person’s will by the use of force, threat, or intimidation, or through the use of a person’s mental incapacity or physical helplessness. Sexual assault includes intentionally touching, either directly or through clothing, of the victim’s genitals, breasts, thighs, or buttocks without the person’s consent, as well as forcing someone to touch or fondle another against his or her will. Sexual battery is a type of sexual assault.
Sexual Exploitation: Sexual exploitation occurs when a student takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual misconduct offenses. Examples of sexual exploitation include, but are not limited to invasion of sexual privacy; prostituting another person; non-consensual video or audio-taping of sexual activity; going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex); engaging in voyeurism; exposing one’s genitals in non-consensual circumstances; inducing another to expose their genitals, and knowingly transmitting HIV or an STD to another.
Sexual Harassment: Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, and other verbal, nonverbal, or physical conduct of a sexual nature. Sexual harassment shall be considered to have occurred in the following instances:
Quid Pro Quo: The submission to or rejection of such conduct is used as the basis for educational or employment decisions affecting the student or employee either explicitly or implicitly; or
Hostile Environment: Conduct so severe, pervasive, and objectively offensive that it undermines and detracts from an employee’s work performance or a student’s educational experience.
Sexual Misconduct: Sexual misconduct encompasses a range of behavior used to obtain sexual gratification against another’s will or at the expense of another. Sexual misconduct includes rape, sexual harassment, sexual assault, sexual exploitation, and sexual violence.
Sexual Violence: Sexual violence is any intentional physical sexual abuse committed against a person’s will or where a person is incapable of giving consent. Sexual violence includes rape, sexual assault, and sexual battery.
Stalking: Stalking occurs when someone, on more than one occasion, engages in conduct directed at another person with the intent to place, or knows or reasonably should know that the conduct places that other person in reasonable fear of death, criminal sexual assault, or bodily injury to that other person or to that other person’s family or household member. Such conduct can occur in person or online, Colleges first must establish whether off campus conduct has continuing effects that create a hostile environment on campus.
Third Party: A third party is any person who is not a student or employee of the College.
Any form of retaliation, including intimidation, threats, harassment, and other adverse action taken or threatened against any complainant or person reporting a complaint alleging a violation of this Policy, or any person cooperating in the investigation of allegations of violations of this Policy, to include testifying, assisting or participating in any manner in an investigation pursuant to this Policy and the resolution procedures is strictly prohibited by this Policy. Action is generally deemed adverse if it would deter a reasonable person in the same circumstances from opposing practices prohibited by this Policy. Retaliation may result in disciplinary or other action independent of the sanctions or interim measures imposed in response to the underlying allegations of violations of this Policy.
- Members of the campus community who believe they have been subjected to a crime should immediately report the incident to campus or local police. All emergencies or any incident where someone is in imminent danger should be reported immediately to campus police/security or local police by dialing 2911 from any college VoIP College Phone or 540-727-2911 from any external or cellular phone.
In non-emergency situations, members of the College community may also report violations via the TIPs reporting system located on the Germanna homepage. Reports submitted in TIPS automatically notify members of the College Threat Assessment Team that includes College Police, Title IX Coordinator and Deputy Title IX Coordinator.
- Whether or not a report is made to law enforcement, members of the campus community should report alleged violations of this Policy to the Title IX Coordinator if the violation involves students only or the Deputy Title IX Coordinator if the violation involves employees, during normal business hours. The Title IX Coordinator and Deputy Title IX Coordinator are solely responsible for overseeing the prompt, fair, and impartial investigation and resolution of complaints filed with the College. To help ensure a prompt, fair, and impartial investigation and resolution, individuals are encouraged to complete a Complaint Form, found in Appendix A. The written complaint will be submitted to the Title IX Coordinator if the violation involves students or the Deputy Title IX Coordinator if the violation involves an employee of the College. Although strongly encouraged, a complainant is not required to submit a complaint on the Complaint Form or in writing.
Germanna Community College Title IX Campus Resources
|Title IX Coordinator:
||Mr. Mark Haines
201E, Dickinson Building
10000 Germanna Point Drive
Fredericksburg, VA 22408
|Deputy Title IX Coordinator:
||Ms. Laurie Bourne
102B, French Slaughter Building
2130 Germanna Highway
Locust Grove, VA 22508
|After normal business hours, members of the campus community should report alleged violations of this Policy to:
||College Police Department
Members of the College community may also report violations by submitting a report via the TIPS reporting system located on the Germanna Community College website. This will notify members of the College Threat Assessment team including the College Police, Title IX Coordinator and Deputy Title IX Coordinator.
- There is no time limit for filing a complaint with the College. However, complainants should report possible violations of this Policy as soon as possible to maximize the College’s ability to respond effectively. Failure to report promptly could result in the loss of relevant evidence and impair the College’sability to respond to the allegations.
Handling of Reports and Investigations.
The Title IX Coordinator and/or Deputy Title IX Coordinator will assist members of the campus community in reporting incidents to law enforcement authorities upon request. When allowable under Virginia law the Title IX Coordinator and/ or Deputy 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. Under Virginia law, the College may determine that the disclosure of information to local law enforcement regarding the alleged incident of sexual violence, including personally identifiable information, is necessary to protect the health or safety of the complainant or other individuals. The College also is required to notify the local Commonwealth’s Attorney of alleged incidents of sexual violence that constitute a felony.
Confidentiality and Anonymous Reports.
- Individuals may be concerned about their privacy when they report a possible violation of this Policy. The College has a responsibility to end conduct that violates this Policy, prevent its recurrence, and address its discriminatory effects. For this reason, some College employees may not keep secret any report of sexual violence, domestic violence, dating violence, or stalking. The College expects employees to treat information they learn concerning incidents of reported violations of this Policy with respect and with as much privacy as possible. College employees must share such information only with those College and law enforcement officials who must be informed of the information pursuant to this Policy.
- Responsible employees must report all alleged violations of this Policy obtained in the course of his or her employment to the Title IX Coordinator (students) and/or Deputy Title IX Coordinator (employees) 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, local police, student activities staff, human resources staff, and advisors to student organizations. Reports received by the College concerning the abuse of a minor must be reported in compliance with state law.
- If a complainant wishes to keep the report confidential, it is recommended that he or she reports the alleged conduct to someone with a duty to maintain confidentiality, e.g., mental health counselor or clergy. 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 ability to investigate and take reasonable action in response to a complaint may be limited. In such cases, the College will evaluate the request(s) that a complaint remain confidential in the context of the College’s commitment to provide a reasonably safe and non‐discriminatory environment. In order to make such an evaluation, the Title IX Coordinator and/or Deputy Title IX Coordinator may conduct a preliminary investigation into the alleged violation of this Policy and may weigh the request(s) against the following factors:
The seriousness of the allegation(s);
- The complainant’s or alleged victim’s age;
- Whether there have been other similar complaints against the same respondent;
- The respondent’s right to receive information about the allegations if the information is maintained by the College as an “education record” under FERPA; and
- The applicability of any laws mandating disclosure.
Therefore, the College may pursue an investigation even if the complainant requests that no action is taken and the College will not be able to ensure confidentiality in all cases. The College will notify the complainant in writing when it is unable to maintain confidentiality or respect the complainant’s request for no further action.
- Additionally, upon receiving a report of an alleged act of sexual violence 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 and/or Deputy Title IX Coordinator shall convene the College’s review committee within 72 hours to review the information reported and any information obtained through law-enforcement records, criminal history record information, health records, conduct or personnel records, and any other facts and circumstances, including personally identifiable information, related to the alleged incident known to the review committee. The review committee may try to reach a consensus, but it is the law enforcement representative of the review committee that ultimately determines whether the disclosure of the information, including the personally identifiable information, is necessary to protect the health or safety of the alleged victim or other individuals. The College shall disclose such information to the law enforcement agency that would be responsible for investigating the alleged incident immediately. The Title IX Coordinator and/or Deputy Title IX Coordinator will notify the alleged victim in writing that such disclosure is being made.
- If the report of an alleged act of sexual violence would constitute a felony sexual assault, within 24 hours of the first review team meeting, the law enforcement representative of the review committee shall notify the local Commonwealth’s Attorney and disclose the information received by the review committee, including personally identifiable information, if such information was disclosed pursuant to Paragraph I(4). The law enforcement representative usually will make this disclosure; however, any member of the review committee may decide independently that such disclosure is required under state law and within 24 hours of the first review team meeting shall disclose the information to the local Commonwealth’s Attorney, including personally identifiable information, if such information was disclosed pursuant to Paragraph I(4). If the Title IX Coordinator is aware of such disclosure, the Title IX Coordinator and/or Deputy Title IX Coordinator will notify the alleged victim in writing that such disclosure is being made. In addition, law enforcement will notify the local Commonwealth’s Attorney within 48 hours of beginning an investigation involving a felony sexual assault. 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 will accept anonymous reports, but it will be limited in its ability to investigate and take reasonable action. The College must have sufficient information to conduct a meaningful and fair investigation. A respondent has a right to know the name of the complainant and information regarding the nature of the allegations in order to defend against the complaint.
The College, when reasonably available and when requested, may arrange for changes in academic, parking, transportation, or work arrangements after an alleged violation of this Policy. When such accommodations are provided, the College will protect the privacy of the complainant to the extent possible while still providing the accommodation.
The College encourages the reporting of incidents that violate this Policy. The use of alcohol or drugs should not be a deterrent to reporting an incident. When conducting the investigation, the College’s primary focus will be on addressing the alleged misconduct and not on alcohol and drug violations that may be discovered or disclosed. The College does not condone underage drinking; however, the College will extend limited amnesty from punitive sanctioning in the case of drug or alcohol use to complainants, witnesses, and others who report incidents, provided that they are acting in good faith in such capacity. The College may provide referrals to counseling and may require educational options, rather than disciplinary sanctions, in such cases.
The College is required by federal law to issue timely warnings for reported incidents that pose a substantial threat of bodily harm or danger to members of the campus community. The College will ensure, to every extent possible, that an alleged victim’s name and other identifying information is not disclosed, while still providing enough information for members of the campus community to make decisions to address their own safely in light of the potential danger.
- Prior to the resolution of a complaint, the College may suspend or place on disciplinary or administrative leave the respondent when it is determined that the respondent’s continued presence on campus threatens the safety of an individual or of the campus community generally; may hamper the investigation into the alleged misconduct; or is necessary to stop threatening or retaliatory contact against the complainant or complainant’s witnesses. The College shall provide advance notice of such measures, except in cases where the individual’s presence constitutes a threat. In all cases, however, the College shall notify individuals subject to these interim measure(s) in writing of the specific facts and circumstances that make such interim measure(s) necessary and reasonable. Individuals subject to proposed interim measures shall have the opportunity to show why such measure(s) should not be implemented.
- Notwithstanding the above, the College may impose a “no contact” order on each party, requiring the parties to refrain from having contact with one another, directly or through proxies, whether in person or by electronic means. The College also will enforce orders of protection issued by courts on all College property to the extent possible.
- The College may implement other measures for either the complainant or the respondent if requested, appropriate, and reasonably available, whether a formal complaint has been filed or whether an investigation by either campus administrators or law enforcement agencies has commenced. Such measures may include, but are not limited to, course schedule adjustments, reassignment of duty, changing work arrangements, changing parking arrangements, rescheduling class work, assignments, and examinations, and allowing alternative class or work arrangements, such as independent study or teleworking.
Sexual and Domestic Violence Procedures. 4
Anyone who has experienced sexual violence, domestic violence, dating violence, or stalking should do the following:
- Safely find a place away from harm.
- Call 911 or if on campus, contact campus police/security at 2911 or 540- 727-2911.
- Call a friend, a campus advocate, a family member or someone else you trust and ask her or him to stay with you.
- Go to the nearest medical facility/emergency room. It is important to seek appropriate medical attention to ensure your health and well-being, as well as to preserve any physical evidence.
- If you suspect that you may have been given a drug, ask the hospital or clinic where you receive medical care to take a urine sample. The urine sample should be preserved as evidence. “Rape drugs,” such as Rohypnol and GHB, are more likely to be detected in urine than in blood.
- For professional and confidential counseling support, call the Rappahannock council Against Sexual Assault at 540-371-1666, Virginia Family Violence & Sexual Assault Hotline at 800-838-8238, Services to Abused Families, Inc. (SAFE) at 800-825-8876, or Empowerhouse Hotline at 877-734-7238. Help is available 24 hours a day.
You should take steps to preserve any physical evidence because it will be necessary to prove criminal domestic violence, dating violence, sexual assault, or stalking, or to obtain a protective order.
- Do not wash your hands, bathe, or douche. Do not urinate, if possible.
- Do not eat, blow your nose, drink liquids, smoke, or brush your teeth if oral contact took place.
- Keep the clothing worn when the incident occurred. If you change clothing, place the worn clothing in a paper bag.
- Do not destroy any physical evidence that may be found in the vicinity of the incident by cleaning or straightening the location of the crime. Do not clean or straighten the location of the crime until law enforcement officials have had an opportunity to collect evidence.
- Tell someone all the details you remember or write them down as soon as possible.
- Maintain text messages, pictures, online postings, video and other documentary or electronic evidence that may corroborate a complaint.
Written Notification of Rights and Options.6
Members of the campus community who report incidents of sexual assault, domestic violence, dating violence, or stalking whether the incident occurred on or off campus, shall receive a written explanation of their rights and options, including the (i) the available law-enforcement options for investigation and prosecution; (ii) the importance of collection and preservation of evidence; (iii) the available options for a protective order; (iv) the available campus options for investigation and resolution under the College’s policies; (v) the complainant’s rights to participate or decline to participate in any investigation to the extent permitted under state or federal law; (vi) the applicable federal or state confidentiality provisions that govern information provided by a victim; (vii) information on contacting available on-campus resources and community resources, including the local sexual assault crisis centers, domestic violence crisis centers, or other victim support services with which the College has entered into a memorandum of understanding; (viii) the importance of seeking appropriate medical attention; and (ix) options related to changes in academic, parking, and working arrangements, when requested and when reasonably available.7
- 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 more information about available resources, go to: https://catalog.germanna.edu/content.php?catoid=1&navoid=38#types-locations-and-custodians-of-educational-records-
Education and Awareness.9
- The College conducts a program to educate students and employees about this Policy and its procedures. The education and awareness program is designed to promote awareness of sexual violence, domestic violence, dating violence, and stalking.
- The program, at a minimum, shall include:
- A statement that the College prohibits the offenses of domestic violence, dating violence, sexual assault, and stalking;
- The definition of domestic violence, dating violence, sexual assault, and stalking;
- The definition of consent;
- Safe and positive options for bystander intervention that may be carried out by an individual to prevent harm or intervene when there is a risk of domestic violence, dating violence, sexual assault, or stalking against a person other than such individual;
- Information on risk reduction to recognize warning signs of abusive behavior and how to avoid potential attacks;
- Information on possible sanctions, procedures to follow after an incident of sexual violence, domestic violence, dating violence or stalking, disciplinary procedures, and the protection of confidentiality; and
- Written notification about available resources and services, and options for academic and work accommodations, if requested and reasonably available.
- The College offers the prevention and awareness program to all new and existing students and employees. Delete the rest of the paragraph.
Resolution of Complaints.
- The College has an obligation to the entire College community. Accordingly, the College may pursue an investigation even if the complainant requests that no action is taken and the College will not be able to ensure confidentiality in all cases. The College will notify the complainant in writing when it is unable to maintain confidentiality or respect the complainant’s request for further action.
- The College must provide a prompt, fair, and impartial investigation and resolution of alleged violations to this Policy and is committed to so doing. Title IX Coordinator(s), investigators, and hearing officials must receive annual training on sexual violence, domestic violence, and stalking, and the conduct of investigations and hearing. The College may resolve complaints either by an informal or formal resolution process.
- Suspending an investigation. The College will comply with all requests for cooperation of 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 it’s Title IX investigation as soon as the campus police or local law enforcement agency has completed gathering evidence. Otherwise, the College’s investigation will not be precluded or suspended on the grounds that criminal charges involving the same incident have been filed or that charges have been dismissed or reduced.
- The parties may agree to proceed under the informal resolution process in matters not involving sexual violence, domestic violence, dating violence or stalking. The formal resolution process will be applied (i) when any party that participated in the informal resolution process chooses to terminate the process, and (ii) to all matters that are not eligible for informal resolution.
Formal Resolution Process.
- Complainant’s Initial Meeting with the Title IX Coordinator or Deputy Title IX Coordinator.10 As soon as is practicable, the Title IX Coordinator or Deputy Title IX Coordinator will contact the complainant to schedule an initial meeting. If the complainant is not the alleged victim, the Title IX Coordinator or Deputy Title IX Coordinator also will contact the alleged victim as soon as possible to schedule an initial meeting. The Title IX Coordinator or Deputy Title IX Coordinator shall inform the complainant that he or she may be accompanied by an advisor of his or her choosing at the meeting.
At this initial meeting, the Title IX Coordinator or Deputy Title IX Coordinator will:
- Provide the complainant a copy of this Policy;
- Provide the complainant with a Complaint Form, if necessary;
- Provide a written explanation of the complainant’s rights and options related to changes in academic, parking, and working arrangements;
- Explain avenues for formal resolution and informal resolution of the complaint;
- Explain the steps involved in an investigation;
- Discuss confidentiality standards and concerns with the complainant;
- 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;
- Refer the complainant to campus and community resources, including the local sexual assault crisis center, domestic violence crisis center, or other victim support service with which the College has entered into a memorandum of understanding;
- Discuss with the complainant, as appropriate, possible interim measures that may be taken or provided when necessary during the pendency of the investigative and resolution processes;
- Discuss the right to a prompt, fair, and impartial resolution of the complaint; and
- Discuss the College’s obligation to disclose information about the complaint, including personally identifiable information, to campus/ local law enforcement or to the local Commonwealth’s Attorney, or both, under certain conditions.
- Respondent’s Initial Meeting with the Assigned Title IX Coordinator or Deputy Title IX Coordinator.11 As soon as is practicable, the Title IX Coordinator or Deputy Title IX Coordinator will schedule an initial meeting with the respondent. The Title IX Coordinator or Deputy Title IX Coordinator shall inform the respondent that he or she may be accompanied by an advisor of his or her choosing at the meeting. During the initial meeting with the respondent, the Title IX Coordinator or Deputy Title IX Coordinator will:
- Provide the respondent, in writing, sufficient information to allow him or her to respond to the substance of the allegation;
- Provide the respondent a copy of this Policy;
- Provide a written explanation of the respondent’s rights and options related to changes in academic, parking, and working arrangements;
- Explain the College’s procedures for formal resolution and informal resolution of the complaint;
- Explain the steps involved in an investigation;
- Discuss confidentiality standards and concerns with the respondent;
- Discuss non‐retaliation requirements;
- Inform the respondent of any interim measures that may be imposed on the respondent;
- Refer the respondent to campus and community resources, as appropriate;
- Discuss with the respondent, as appropriate, possible interim measures that can be provided to the respondent during the pendency of the investigative and resolution processes;
- Discuss the respondent’s the right to due process and a prompt, fair, and impartial resolution of the complaint; and
- If the respondent is a student and the complaint involves an alleged act of sexual violence, 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 the charges (and hearing, if applicable) and an opportunity to respond to all the evidence.
- Title IX Coordinator’s Initial Determination.
- The College shall conduct an investigation of the complaint unless (i) the complainant does not want the College to pursue the complaint and the Title IX Coordinator of Deputy Title IX Coordinator has determined that the College can honor the request; (ii) it is clear on its face and based on the Title IX Coordinator’s initial meetings with the parties that no reasonable grounds exist for believing that the conduct at issue constitutes a violation of this Policy. The Title IX Coordinator or Deputy Title IX Coordinator will consider the following factors in determining whether it is reasonable to investigate the complaint: the source and nature of the information; the seriousness of the alleged incident; the specificity of the information; the objectivity and credibility of the source of the information; and whether the individuals allegedly subjected to the conduct can be identified.
- In the event that the Title IX Coordinator or Deputy Title IX Coordinator determines that an investigation of the complaint should not be conducted, he or she will document (in consultation, as necessary, with the complainant, respondent, and other College officials) the appropriate resolution of the complaint and inform the parties of the same. The Title IX Coordinator or Deputy Title IX Coordinator shall provide specific and clear written reason(s) why an investigation should not be conducted. The Title IX Coordinator or Deputy Title IX Coordinator shall provide the determination that the College will not investigate the matter to the complainant and the respondent, concurrently, within five (5) workdays of the completion of the initial meetings. This decision is final.
- Appointment of the Investigator and Conduct of the Investigation.
- If the Title IX Coordinator or Deputy Title IX Coordinator determines that an investigation should be conducted, he or she will appoint an investigator within five (5) workdays of the completion of the initial meetings. The Title IX Coordinator or Deputy Title IX Coordinator will share his or her name and contact information with the complainant and respondent and will forward the complaint to the investigator. Within three (3) workdays of such appointment, the investigator, the complainant or the respondent may identify to the Title IX Coordinator or Deputy Title IX Coordinator in writing any potential conflict of interest posed by assigning such investigator to the matter. The Title IX Coordinator will consider such statements and will assign a different individual as investigator if it is determined that a material conflict of interest exists.
- The investigator will contact the complainant and respondent promptly. In most cases, this should occur within three (3) workdays from the date of the investigator’s appointment or the conclusion of the informal resolution process, whichever is later. The investigator will schedule meetings with the parties. The parties may provide supporting documents, evidence, and recommendations of witnesses to be interviewed during the course of the investigation. Each party may have one advisor present during any meeting with the investigator; however, the advisor may not speak on the party’s behalf.
- In the conduct of the investigation, the investigator should weigh thecredibility and demeanor of the complainant, respondent, and witnesses; the logic and consistency of the evidence, motives, and any corroborating evidence.
- The investigation of any alleged violation of this Policy should be completed within 60 days of the filing of the complaint or the date on which the College becomes aware of the alleged violation, unless good cause exists to extend the timeframe. The 60 calendar day timeframe refer to the entire investigations process, which includes conducting fact finding investigation, holding a hearing or engaging in another decision making process to determine whether the alleged incident occurred, and determining the actions the College will take in response, including the imposition of sanctions. The 60 calendar day timeframe does not include appeals. If the process must be suspended or delayed for any reason or more time is necessary, the Title IX Coordinator or Deputy Title IX Coordinator will notify the parties in writing and give the reason for the delay and an estimated time of completion.
- Both complainant and respondent will have the opportunity to review and respond to evidence obtained during the investigation. Each party also will have the opportunity to review and comment on the written investigative report within seven (7) workdays of receiving the report. The final written investigative report and the parties’ responses thereto shall be part of the record.
- The investigator will complete a written investigative report that includes summaries of all interviews conducted, photographs, descriptions of relevant evidence, the rationale for credibility determinations, summaries of relevant electronic records, and a detailed report of the events in question. The written investigative report shall include at minimum, the following information:
- The name and gender of the complainant and, if different, the name and gender of the person reporting the allegation;
- A statement of the allegation, a description of the incident(s), and the date(s) and time(s) (if known) of the alleged incident(s);
- The date that the complaint or other report was made;
- The date the respondent was interviewed;
- The names and gender of all persons alleged to have committed the alleged violation;
- The names and gender of all known witnesses to the alleged incident(s);
- The dates that any relevant documentary evidence (including cell phone and other records as appropriate) was obtained;
- Any written statements of the complainant or the alleged victim if different from the complainant;
- The date on which the College deferred its investigation and disciplinary process because the complainant filed a law enforcement complaint and the date on which the College resumed its investigation and disciplinary process (if applicable); and
- The investigator will forward the written investigative report to the Title IX Coordinator.
- The withdrawal of a student from the College while under investigation for an alleged violation of this Policy involving an act of sexual violence in most cases, should 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 review and respond to all the evidence against the student, and to the written investigative report prior to making a final determination. The student also shall receive notice in writing of any hearing, including the day, time, and location. 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] sexual misconduct policy.” After the College has completed its investigation and resolution of the complaint, the College shall either (1) remove the notation if the student is found not responsible or (2) change the notation to reflect either a suspension or dismissal for a violation of the Policy if either was imposed. The College shall end the investigation and resolution of the complaint if the College cannot locate the respondent and provide him or her notice and the opportunity to respond. In such cases, the College shall maintain the withdrawal notation on the student’s academic transcript. Upon a final determination, the Title IX Coordinator immediately shall notify the registrar and direct that the appropriate notation is made.
Determination of Title IX Coordinator and Corrective Action Report.
- The Title IX Coordinator or Deputy Title IX Coordinator will determine whether there is a preponderance of the evidence to find that the respondent violated this Policy as alleged. In most cases, this should occur within five (5) workdays of receiving the written investigative report from the investigator. The “preponderance of the evidence” standard requires that the weight of the evidence, in totality, supports a finding that it is more likely than not that the alleged violation occurred.
- If the Title IX Coordinator or Deputy Title IX Coordinator finds that the evidence does not prove by a preponderance of the evidence that the respondent committed the alleged violation, the matter will be closed. The Title IX Coordinator or Deputy Title IX Coordinator will make the determination in writing and distribute the written investigative report with such finding to the complainant and the respondent concurrently. All parties to whom the written investigative report is distributed pursuant to this Policy should maintain it in confidence. Both the complainant and the respondent may appeal the finding under the procedure described below.
- If the Title IX Coordinator or Deputy Title IX Coordinator finds by a preponderance of the evidence that a violation of this Policy did occur, the Title IX Coordinator or Deputy Title IX Coordinator will make the determination in writing and distribute the written investigative report with such finding to the complainant and the respondent concurrently. All parties to whom the written investigative report is distributed pursuant to this Policy should maintain it in confidence. Both the complainant and the respondent may appeal the finding under the procedure described below.
- When the Title IX Coordinator or Deputy Title IX Coordinator finds that a violation has occurred, he or she also shall write a separate written corrective action report that will contain recommendations for steps that should be taken to prevent recurrence of any such violation and to remedy any discriminatory effects. If interim measures as described above have been taken, the written corrective action report shall include a recommendation regarding continuation, suspension or modification of any such interim measures. The Title IX Coordinator or Deputy Title IX Coordinator shall distribute the written corrective action report to the complainant and respondent concurrently. In most cases, the written corrective action report should be completed within five (5) workdays after the distribution of the written investigative report. The written investigative report and the corrective action report may be submitted concurrently. The Title IX Coordinator or Deputy Title IX Coordinator also shall provide the written investigative report and the written corrective action report to the appropriate College official, as described below.
- If the respondent is a student, the Title IX Coordinator will forward the reports to the Dean of Student Development. Within ten (10) workdays, the Dean of Student Development shall determine and impose appropriate sanctions, as described below. The respondent and the Title IX Coordinator shall receive written notification of sanction(s). When the respondent is a student, within five (5) workdays of receipt, the Title IX Coordinator may disclose to the complainant the sanctions imposed on the respondent that directly relate to the complainant as permitted by state and federal law, including the Federal Educational Rights and Privacy Act (FERPA) and the Virginia Freedom of Information Act, when such disclosure is necessary to ensure the safety of the complainant. The Title IX Coordinator also may disclose in writing to the complainant the final results of a disciplinary proceeding involving the respondent with regard to an alleged forcible or non-forcible sex offense, act of stalking, domestic violence or dating violence on the complainant, as permitted by state and federal law including FERPA and the Virginia Freedom of Information Act. The disclosure of final results must include only the name of the student, the violation committed, and any sanction imposed by the College against the student.
- If the respondent is an employee, the Deputy Title IX Coordinator will forward the reports to Vice President of the respective area that brought the third party into Germanna Community college, College Chief or Police, or any other college official. Within ten (10) workdays, the College Chief of Police (in consultation with the Vice President of Financial and Administrative Services and the Associate Vice President of Human Resources) shall determine and impose appropriate sanctions, as described below. The respondent and the Deputy Title IX Coordinator shall receive written notification of sanction(s).
- If the respondent is a third party, the Title IX Coordinator or Deputy Title IX Coordinator will forward the reports to Vice President of the respective area that brought the third party into Germanna Community college, College Chief of Police, or any other college official. Within ten (10) workdays, the College Chief of Police (in consultation with the Vice President for Financial and Administrative Services and the Associate Vice President of Human Resources) shall determine and impose appropriate sanctions, as described below. The respondent and the Title IX Coordinator shall receive written notification of sanction(s). The Title IX Coordinator may disclose to the complainant information as described above.
- The Title IX Coordinator or Deputy Title IX Coordinator will advise the complainant and the respondent of their right to appeal any finding or sanction in writing. The written notification also shall provide information on the appeals process. If the complainant or respondent does not contest the finding or recommended sanction(s), he or she shall sign a statement acknowledging such. The signed statement shall be part of the record.
- After receiving a request from both parties to resolve the complaint with the informal resolution process, the Title IX Coordinator or Deputy Title IX Coordinator will appoint a College official to facilitate an effective and appropriate resolution. Within three (3) workdays of such appointment, the College official, the complainant or the respondent may identify to the Title IX Coordinator or Deputy Title IX Coordinator in writing any potential conflict of interest posed by assigning such official to the matter. The Title IX Coordinator or Deputy Title IX Coordinator will consider such statements and will assign a different individual to facilitate if it is determined that a material conflict of interest exists. Within five (5) workdays of the appointment, the College official will request a written statement from the parties to be submitted within ten (10) workdays. Each party may request that witnesses are interviewed. Within ten (10) workdays of receiving the written statements, the College official will hold a meeting(s) with the parties and coordinate informal resolution measures. The College official shall review the information that is covered in the initial meeting under the formal process as provided in Paragraphs R1 and R2. The College official shall document the meeting(s) in writing. Each party may have one advisor of his or her choosing during any meeting; however, the advisor may not speak on the party’s behalf.
- The informal resolution process should be complete within thirty (30) days in most cases, unless good cause exists to extend the timeframe. The parties will be notified in writing and given the reason for the delay and an estimated time of completion. Any party may request in writing that the informal resolution process be terminated at any time, in which case the formal resolution process will commence.
- Any resolution of a complaint through the informal process must address the concerns of the complainant and the responsibility of the College to address alleged violations of the Policy, while also respecting the due process rights of the respondent. Informal resolution remedies might include mandatory education, counseling, written counseling by an employee’s supervisor, or other methods. The College official will provide the complainant and respondent with a copy of the final written report concurrently. The final written report shall include the nature of the complaint, a meeting(s) summary, the informal resolution remedies applied, and whether the complaint was resolved through the informal resolution process.
Sanctions & Corrective Actions.
- The College will take reasonable steps to prevent the recurrence of any violations of this Policy and to correct the discriminatory effects on the complainant (and others, if appropriate). Sanctions for a finding of responsibility depend upon the nature and gravity of the misconduct, any record of prior discipline for similar violations, or both.
- The range of potential sanctions and corrective actions that may be imposed against a student includes but is not limited to the following: required discrimination or harassment education, a requirement not to repeat or continue the discriminatory, harassing, or retaliatory conduct, verbal or written warning, a no-contact order, written or verbal apology, verbal or written warning, probation, suspension, and dismissal from the College.
- If a student is found responsible for an act of sexual violence under this Policy and is suspended or dismissed, the student’s academic transcript shall be noted as follows: “Suspended/Dismissed for a violation of Germanna Community College’s sexual misconduct 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 under this Policy, the student’s academic transcript shall be noted as follows: “Withdrew while under investigation for a violation of Germanna Community College’s sexual misconduct 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 under 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 all appeals.
- 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.
- Third parties, e.g., contractors, will be prohibited from having access to the campus. Depending on the violation, this prohibition may be permanent or temporary.
- Title IX Coordinator or Deputy Title IX Coordinator will determine the final accommodations to be provided to the complainant, if any.
- Sanctions imposed do not take effect until the resolution of any timely appeal. However, sanctions may take effect immediately when the continued presence of an individual on campus may threaten the safety of an individual or the campus community, generally. Sanctions will continue in effect until such time as the appeal process is exhausted in such cases.
(Please note that appeals are not required by Title IX or the Campus SaVE Act. However, an appeals process that provides a formal hearing is recommended. Colleges may use procedures already in existence or develop a separate appeals process if they provide the opportunity for an appeal.
- The complainant and the respondent have the opportunity to appeal the outcome of the written investigative report or the sanction(s) recommended. Individuals must submit a written request for appeal to Title IX Coordinator or Deputy Title IX Coordinator within ten (10) workdays of the outcome of the investigation or imposition of sanction(s), whichever is later. The appealrequest must cite the reason(s) for the appeal and provide evidence to support those reason(s).
- Appeals shall be granted for the following reasons only:14 The investigator exhibited unfair bias which influenced the results of the investigation;
- New evidence, unavailable at the time of the investigation that could substantially impact the investigator’s finding. The appeal should explain why the evidence was unavailable previously and why such evidence may substantially impact the investigator’s finding;
- Error in the conduct of the investigation that is of such magnitude as to deny fundamental fairness;
- The sanction(s) are unjustified by the evidence and/or mitigating factors warrant a lesser sanction or aggravating factors warrant a greater sanction.
- Within five (5) workdays of receipt of the written request for appeal, the Vice President for Academic Affairs (for students) and the Associate Vice President of Human Resources (for employees) shall notify the parties whether the appeal is granted. This decision is final and may not be appealed. If the appeal is granted, the parties shall be notified in writing. The Hearing Committee Chair will be notified to schedule a hearing when the parties are notified that the appeal has been granted. The Hearing Committee Chair will notify the parties of the time and place of hearing before the Hearing Committee concurrently. Within three (3) workdays, the complainant or the respondent may identify to the Title IX Coordinator in writing any potential conflict of interest with the Hearing Committee Chair or Committee members. The Title IX Coordinator will consider such statements and will assign a different individual if it is determined that a material conflict of interest exists. Such hearing typically will be scheduled within fifteen (15) workdays of the decision to grant the appeal. If an extension beyond fifteen (15) workdays is necessary for good cause, both parties will be notified of the expected time frame concurrently.
- Within five (5) workdays of scheduling the hearing, parties must submit a written statement to the Hearing Committee Chair that (i) identifies the names and addresses of witnesses that are requested to be called at the hearing; (ii) identifies and includes copies of any documents that will be used as evidence at the hearing; and (iii) requests a specific remedy. A party not appealing the findings or sanction(s) may choose not to submit information. If a nonappealing party elects not to participate in the hearing, the Hearing Committee shall use evidence and statements from the record.
- The Hearing Committee Chair shall provide the witness list and copies of any documents that will be used as evidence at the hearing to each party no later than five (5) workdays prior to the hearing.
- The Title IX Coordinator or Deputy Title IX Coordinator shall forward the written investigative report and the written corrective actions report to the Chair of the Hearing Committee as soon as possible, but no later than ten (10) workdays prior to the hearing.
- Each party may retain an attorney at his or her own expense or designate a non-attorney advisor to accompany him or her at the hearing. If either party has retained legal counsel or a non-attorney advisor, the party must immediately notify the Hearing Committee Chair of such and provide contact information. The role of the attorney or advisor for the parties shall be limited to advice and consultation with the parties or the parties’ witnesses. Attorneys and advisors may not question witnesses, raise objections, or make statements or arguments to the Hearing Committee at the hearing. If either party is represented by an attorney, the College may receive assistance from the Office of System Counsel.
- The Hearing Committee Chair shall preside over the hearing. The rules of evidence shall not be strictly applied. All evidence and testimony relevant to whether a violation of this Policy occurred and whether the grounds for appeal are met by a preponderance of evidence shall be considered. The hearing shall be conducted in a fair and impartial manner. The Hearing Committee Chair and its members will question the parties and witnesses. The parties may not question one another, but may submit questions to be asked by the Hearing Committee, no later than five (5) workdays prior to the hearing. The Hearing Committee Chair will be the final decision-maker on all matters of procedure during the hearing. All hearings will be closed to the public.
- The past sexual history of either party with anyone other than each other is not admissible. Either party may call character witnesses, however.
- The Hearing Committee Chair will arrange for the hearing to be recorded. Each party will receive a copy of the recorded hearing upon request. Parties may prepare a transcript of the recording at their own expense.
- Within ten (10) workdays of the hearing, the Hearing Committee Chair will submit a written decision to the parties, the Title IX Coordinator or Deputy Title IX Coordinator, and the president of the College, concurrently. The decision shall include: (i) a description of the grounds for appeal; (ii) whether such grounds are accepted or rejected and the rationale for such determination; (iii) the Committee’s decision to uphold or reject the findings of the written investigative report and/or the sanction(s) and the rationale for such determination; (iv) if the written investigative report’s findings and/or sanction(s) are rejected, the findings of the Committee and resolution.
- Either party may appeal the Hearing Committee’s decision to the president of the College. The president’s decision is final.
Academic Freedom and Free Speech.17
- 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 an employee’s work performance or a student’s educational experience. Verbal or written communications, without accompanying unwanted sexual physical contact, is not sexual violence or sexual assault.
- In addressing all complaints and reports of alleged violations of this Policy, the College will take all permissible actions to ensure the safety students and employees while complying with any and all applicable guidance regarding free speech rights of students and employees. This Policy does not apply to curriculum, curricular materials, or abridge the use of particular textbooks.
Any individual who knowingly files a false complaint under this Policy, who knowingly provides false information to College officials, or who intentionally misleads College officials who are involved in the investigation or resolution of a complaint may be subject to disciplinary action, up to and including dismissalfor students and termination of employment for faculty and staff. An allegation that cannot be proven by a preponderance of the evidence is not necessarily proof of knowingly filing a false complaint.
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 also are prohibited. Consenting romantic or sexual relationships between other employees (not in a supervisory position), or with students for whom the employee does not have a direct professional responsibility, although not expressly forbidden, are unwise and are strongly discouraged. The relationship may be viewed in different ways by each of the parties, particularly in retrospect. Furthermore, circumstances may change, and conduct that was previously welcome may become unwelcome.
The Title IX Coordinator and/or Deputy Title IX Coordinator shall maintain, in a confidential manner, for at least five (5) years, paper or electronic files of all complaints, witness statements, documentary evidence, written investigative reports, review committee records, written corrective action reports, sanctions, appeal hearings and associated documents, the responses taken by College personnel for each complaint, including any interim and permanent steps taken with respect to the complainant and the respondent, and a narrative of all action taken to prevent the recurrence of any harassing incident(s), including any written documentation.
All community colleges of the Virginia Community College System shall use this template.
Approval and Revision Dates
College Council: September 19, 2014; June 15, 2015
President’s Council: September 15, 2014
College Board: First Reading - November 20. 2014; Approved - January 15, 2015; Revised March 19, 2015; Revised July 16, 2015; Revised September 21, 2017.
 Colleges must use the definitions set out in this Policy.
 Either campus police, the local law enforcement agency, or the State Police will notify the Commonwealth’s Attorney pursuant to an MAA/MOU.
 Colleges may use the local area’s domestic violence/sexual assault hotline number.
 This is required to be addressed in the policy under the Campus SaVE Act and Virginia law.
 The information required by the Campus Save Act is included in this Policy: (a) possible sanctions or protective measures that the College may impose following a final determination of a disciplinary procedure regarding sexual violence, domestic or dating violence, or stalking (b) procedures individuals should follow if sexual violence, domestic or dating violence, or stalking has occurred; (c) procedures for disciplinary action in cases involving sexual violence, domestic or dating violence, or stalking, including a clear statement that the College’s proceedings shall provide a prompt, fair, and impartial investigation and resolution; (d) information about how the College will protect the confidentiality complainants; (e) written notification of students and employees about existing counseling, health, mental health, victim advocacy, legal assistance, and other services available for victims both on-campus and in the community; and (f) written notification about options for, and available assistance in, changing academic, living, transportation, and working situations, if so requested and if such accommodations are reasonably available, regardless of whether the complainant chooses to report the crime to campus police or local law enforcement. Therefore, Colleges may fulfill this requirement by providing anyone who makes a report a copy of this Policy.
 The College may request a meeting with a third party respondent, but it may not be able to require his or her attendance.
 The College may request a meeting with a third party respondent, but it may not be able to require his or her attendance.
 The complainant shall not receive information that would constitute personnel records; however, the College will take appropriate steps as necessary to protect the safety of the complainant while also complying with state law and policy.
 Colleges may not deny the procedural rights afforded by law to classified employees. The procedural rights afforded to faculty under the VCCS Policy Manual still apply unless and until the VCCS Policy Manual is revised by the State Board. Therefore, if a college’s process includes a formal hearing under this Policy, it still must provide staff and faculty the right to grieve any disciplinary sanction imposed against them under the applicable grievance process. With respect to students, colleges should clearly indicate whether the complaint resolution procedures outlined in its sexual misconduct policy supersede the regular student grievance procedures.
 This is optional. Colleges may confer a right to an appeal in all cases.
 Colleges may choose the composition of the hearing committee and the selection thereof. All members of the committee must receive training on how to conduct a hearing.
In the event of an emergency or inclement weather, a decision regarding a closing or late opening will be made by 6:00 a.m. In the absence of any announcement, classes will be held.
Announcements will be made as follows:
Announcements: Closing announcements will be posted on www.germanna.edu. Announcements will be broadcast on local radio and television stations, and an E2Campus message will be sent.
Day Class Closings: When an individual campus is closed, all classes are canceled at that particular campus. No faculty, staff or students involved at that particular campus are to report to that campus except essential personnel who are to report as soon as possible. Closings occurring during the day will be announced by the Deans of Instruction on each campus and communicated to any other appropriate locations through site administrators.
Evening Class Closings: If a decision is not made by 6:00 a.m., an announcement regarding the cancellation of evening classes will be made as soon as possible but not later than 4:00 p.m. If there is no announcement, classes will be held.
Late Openings: Classes will begin when the college officially opens and any remaining time for instruction will be utilized. For example, if the class is scheduled to begin at 9:30 a.m. and the College opens at 10:00 a.m., instruction for that class will commence at 10:00 a.m.
Safety Notice: If classes are held, each individual must assess conditions at the point from which that person is traveling since conditions can vary greatly throughout the service region. No one is expected to place attendance above personal safety. However, if a student does miss a class, it will be the student’s responsibility to contact the professor as soon as possible to make arrangements for completing class work. Additional information regarding this policy may be found at http://www.germanna.edu/policies/safety-and-security/.
Information Technology Ethics
Users of the Virginia Community College System wide and local area computer systems must abide by the following 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 as a necessary privilege in order to perform authorized functions at the College. Users must not knowingly permit use of entrusted access control mechanisms for any purposes other than those required to perform authorized functions. These include log-on identification,password, workstation identification, user identification, file protection keys, or production read or write keys.
Users will not disclose information concerning any access control mechanism unless properly authorized to do so by the College. Users will not use any access mechanism that the VCCS has not expressly assigned to them.
Users will treat all information maintained on the VCCS computer systems as strictly confidential and will not release information to any unauthorized person. Users agree to abide by all applicable State, federal, VCCS, and College computer security and ethics guidelines. Users will follow all the VCCS computer ethics guidelines and protect the data contained therein. If users observe any incidents of noncompliance with the terms set forth herein, they are responsible for reporting them to the Technical Services Manager.
Users acknowledge that the VCCS’s network administration or appropriate, designated College officials reserve the right, without notice, to limit or restrict any individual’s access and to inspect, remove or otherwise alter any data, file, or system resource that may undermine the authorized use of any network computing facilities.
Users are responsible for adhering to the terms and provisions of this policy. Any user found to be in violation of these terms and provisions will be subject to disciplinary action.
VCCS Computer Ethics Guideline
Thousands of users share VCCS computing resources. Every user must use these resources responsibly since misuse by even a few individuals has the potential to disrupt VCCS business or the work of others. Therefore, users must exercise ethical behavior when using VCCS computing resources.
State Law classifies damage to computer hardware or software, unauthorized examination, or unauthorized use of computer systems as misdemeanor crimes. Computer fraud and use of a computer as an instrument of forgery can be felonies. The VCCS’s internal procedures for enforcement of its policy are independent of possible prosecution under the law.
Definition: VCCS computing resources include mainframe computers, minicomputers, microcomputers, networks, software, data, facilities and related computer peripherals.
Guidelines: The following guidelines shall govern the use of all VCCS computing resources:
Users must use only those computer resources that they have the authority to operate.
Users 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. Users must not use VCCS computing resources to gain unauthorized access to computing resources of other institutions, organizations or individuals.
Users must not authorize anyone to use their computer accounts for any reason. Users are responsible for all use of their accounts. Users must take all reasonable precautions, including password maintenance and file protection measures, to prevent use of their accounts by unauthorized persons. Users must not, for example, share their password with anyone.
Users must use their computer resources only for authorized purposes. Students or staff, for example, may not use their accounts for private consulting. Users must not use their computer resources for unlawful purposes, such as the installation of fraudulently or illegally obtained software.
Use of external networks connected to the VCCS computing network must comply with the policies of acceptable use promulgated by the organizations responsible for those networks.
Other than material known to be in the public domain, users 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 VCCS computer network data trustee, security officer, appropriate College official or other responsible party may grant authorization to use electronically stored materials in accordance with policies, copyright laws and procedures. Users must not install proprietary software on systems not properly licensed for its use.
Users 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 the user. 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 free-ware, onto official systems without prior approval from the Technical Services Manager (TSM).
Users 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.
Enforcement Procedure: Faculty, staff and students at the College or VCCS computing network facility should immediately report violations of information security policies to the TSM.
If the accused is an employee, the TSM will collect the facts of the case and identify the offender. If, in the opinion of the TSM, the alleged violation is of a serious nature, the TSM will notify the offender’s supervisor. The supervisor, in conjunction with the College or System Office Human Resources Office and the TSM, will determine the appropriate disciplinary action. Disciplinary actions may include but are not limited to:
- Temporary restriction of the violator’s computing resource access for a fixed period of time, generally not more than six months.
- Restitution for damages, materials consumed, machine time, etc., on an actual cost basis. Such restitution may include the costs associated with determining the case facts.
Disciplinary action for faculty and classified staff in accordance with the guidelines established in the State Standards of Conduct Policy. In the event that a student is the offender, the accuser should notify the Dean of Student Development. The Dean, in cooperation with the TSM, will determine the appropriate disciplinary actions which may include but are not limited to:
- Temporary restrictions of the violator’s computing resource access for a fixed period of time, generally not more than six months.
- Restitution for damages, materials consumed, machine time, etc., on an actual cost basis. Such restitution may include the costs associated with determining the case facts.
- Disciplinary action for student offenders shall be in accordance with the College’s Student Standards of Conduct. The College President will report any violations of State and federal law to the appropriate authorities. All formal disciplinary actions taken under this policy are grievable and the accused may pursue findings through the appropriate grievance procedure.
The main parking lots are available for all students, employees and visitors; however, parking is restricted in areas designated with reserved or disabled parking signs. Unauthorized parking in these spaces is a violation and is subject to action by the College. Parking on the roadway (bordering the parking lane) is a violation per State law and the vehicle may be towed by the college police department or an agent of the local/state law enforcement authority, with substantial cost for recovery. Parking in unmarked areas or on the lawn is also prohibited and subject to the above sanctions.
Since the Surgeon General has determined that cigarette smoking is the largest preventable cause of illness and premature death in the United States and research indicates that nonsmokers who are exposed to tobacco smoke are also at risk, a safe and healthful environment is one which is as smoke-free as possible. Germanna has a smoke-free environment in all interior areas of the College buildings. This policy is adopted in compliance with the Virginia Clean Air Act and in the interest of the College to maintain a safe and healthy environment. Smoking is only allowed in designated smoking areas outside of college facilities at each campus. These designated areas will have signage that distinguishes them. In order to maintain a clean campus, receptacles for cigarette disposal will be placed in these designated areas for use by smokers. Receptacles for cigarette disposal will be placed in these designated areas for use by smokers.
All Germanna Community College employees should help ensure that buildings remain smoke free by tactfully directing smokers to the nearest designated smoking areas outside the building.
An employee’s failure to abide by”no smoking”designations may result in disciplinary action, as determined by the appropriate Standards of Conduct. A student’s failure to abide by”no smoking”designations may result in disciplinary action as determined by the Dean of Student Development and Student Code of Conduct.
The Germanna Community College Police Department will be responsible for the enforcement of this policy by administrative or criminal action in accordance with state statute. Additional information regarding this policy may be found in the Appendix.
The possession, use, manufacture, or distribution of illegal drugs or other controlled substances by students, faculty, or staff at Germanna Community College is prohibited. Germanna is committed to taking all actions consistent with the law and individual rights to eliminate illegal drugs on its campuses and to deal firmly and fairly with individuals found in violation of Virginia and/or federal laws pertaining to such substances. Germanna addresses this issue with a program of enforcement, education, prevention, counseling, and referral.
Education and learning are especially impaired by alcohol abuse and illicit drug use. Misuse of alcohol and other drugs among college students inhibits their educational development and is a growing concern among our nation’s institutions of higher education. Germanna Community College shares this concern and is committed to creating an environment that promotes and reinforces healthy, responsible living; respect for community laws and campus standards and regulations; the individual’s responsibility within the community; and the intellectual, social, emotional, spiritual or ethical, and physical wellbeing of its community members.
Health Risks: Many physical and psychological health risks are associated with abuse of alcohol and other substances. Such behavior may result in problems in school, work, or relationships. Listed below are some health risks associated with substance abuse.
- Difficulty with attention and learning.
- Physical and psychological dependence.
- Damage to the brain, liver, heart, digestive and immune systems.
- Accidents/unwanted sexual activity due to impaired judgment and coordination.
- Increased risk of hypertension, heart disease, cancer, mental illness, other diseases and death.
Referral options are available through Counseling Services for students who think they, or a family member or a friend are at risk of drug or alcohol abuse. An environment which allows students to openly discuss substance abuse problems without fear of reprisal will be maintained. The College maintains a close working association with local community agencies that provide counseling and treatment of substance abuse.
Memorandums of Agreement have been signed to coordinate services between Germanna and local Community Services Boards. Information about these agencies and their services is available in Counseling Services.
Sanctions and Penalties:
The Germanna Community College Police Department will strictly enforce violations of these statues. The department also maintains a collaborative working relationship with local and state law enforcement authorities to assist with enforcing violations of these statutes.
Students, faculty, and staff are hereby notified that illegal involvement with drugs will result in disciplinary action by the College and referral for prosecution.
Disciplinary sanctions for students are enumerated in the Statement of Student Rights and Responsibilities and include suspension or dismissal from the institution. Sanctions for faculty and staff range from referral to counseling and/or reprimands to suspension and termination of employment. Criminal penalties for violations of local, State and federal statutes regarding the unlawful possession or distribution of illegal drugs and alcohol include fines and/or imprisonment terms, depending upon the classification of the offense.