Appendix

Academic Load, Statement of

Germanna Community College Policy 60200 (Instructional Services)

Purpose:

The purpose of this policy is to specify the requirements for full-time status in the statement of academic load. This revision is in accordance with the Virginia Community College Policy Manual.

Policy:

The normal academic load for students is 15-17 credits. The minimum full-time load is 12 credits and the normal maximum full-time load 18 credits excluding Orientation (SDV 100). Students wishing to carry an academic load of more than 18 credits must have a minimum grade point average of 3.0 and the approval of the Dean of Instruction. Students placed on academic warning or academic probation may be required to take less than the normal course load.

Procedures:

n/a

Definitions:

n/a

References:

5.6.4 Academic Load (SB) VCCS Policy Manual

Point of Contact:

Vice President for Academic Affairs and Workforce Development

Approval and Revision Dates:

• College Council: November 21, 2014
• President’s Council: December 15, 2014
• College Board: January 15, 2015

Access Policy for Students with Disabilities

Germanna Community College Access for Students with Disabilities Policy 

Purpose:

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.

Policy:

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 appropriate services are provided at no charge. Services for Dual Enrollment students taking classes at a high school will be provided by their high school.

Students who feel they have been denied equal access to all programs and services offered by the College may refer to the Grievance Procedure for Students with Disabilities.

Procedures:

Disability Services is located within the Counseling Center at the Fredericksburg Area Campus and the Locust Grove Campus.

Grievance Procedure for Students with Disabilities: A student with a documented disability shall have an internal means of resolving any claim of discrimination on the basis of disability in the programs or activities of the College.

Any student with a documented disability who has requested reasonable accommodation through Disability Services and feels he/she has been denied access to programs and services offered by the College may submit a written statement to the ADA Compliance Coordinator within 20 business days of the alleged violation. The ADA Compliance Coordinator is located in the Counseling Center at the Fredericksburg Area Campus.

At level one of the grievance, the ADA Compliance Coordinator may choose to resolve the complaint informally by consulting with the appropriate instructor, Dean of Student Development, Coordinator of Disability Services, relevant Academic Dean, and/or Vice President for Academic and Student Services. If the ADA Compliance Coordinator is unable to resolve the grievance at level one, the student may submit a written statement of his/her grievance to the Dean of Student Development. The student may choose to have their grievance heard by the Dean of Student Development or he/she may elect to have a hearing with an ADA Grievance Review Panel.

Level 2: If the student chooses to have his/her grievance heard by the Dean of Student Development, the Dean of Student Development will have 10 business days to review the grievance and notify the student of his/her decision in writing. If the student elects to have the grievance heard by an ADA Grievance Review Panel, the Dean of Student Development will convene a Panel comprised of one Dean (not involved with the level 1 grievance), one faculty member, and one staff member. The Chair of the Panel is responsible for distributing the documentation provided by the grieving party, determining the issues of the case to be heard, and conducting the hearing in an orderly, efficient, and equitable manner.

At the beginning of the hearing, the Chair will review issues of the case with the group and establish the procedure by which the testimony will be presented. The Chair may decide on the length of time needed to explore an issue, set time limits for speakers, and ask for testimony by any person deemed important to the investigation of the facts.

The student may bring one non-participatory observer to the hearing. If the nonparticipating observer is an attorney, the party retaining the attorney must notify the Chair of the ADA Grievance Review Panel at least five business days prior to the hearing. The attorney’s role is as an observer; he/she may not speak to the Chair or the Panel. The attorney may consult with the party who engaged him/her while the meeting is in session, but any consultations must take place outside the hearing room and should be kept within reasonable limits, as determined by the Chair of the Panel, with regard to their frequency and duration.

The Chair of the ADA Grievance Review Panel will provide a written decision of the panel to the student, and parties involved in the grievance within five business days after the completion of the hearing.

Decisions of the Dean of Student Development or the ADA Grievance Panel are final and any further appeal must be pursued through external channels.

Appeals processed through this policy cannot be heard under any general grievance procedure.

At any level, both parties may request an extension of time in writing. Both parties must agree to the extension. The ADA Compliance Coordinator shall maintain records of all grievance proceedings.

Procedures for Employees: Discrimination on the basis of disability is a violation of the Americans with Disability Act of 1991 and the ADA Amendments Act of 2008 as well as the State’s Standards of Conduct as set forth by the Department of Human Resources Policy Manual, and is specifically addressed in Policy 2.05. Employees may seek resolution of discrimination issues through the State’s Employees’ Discrimination Complaint Procedures (administered by the Department of Human Resource Management’s Office of Equal Employment Services), utilize the Grievance Procedure for State Employees (if eligible to do so), or file a complaint with the U.S. Equal Employment Opportunity Commission.

Employees may also seek resolution of discrimination issues through the aforementioned internal process.

Definitions:

n/a

References:

Section 504 of the Rehabilitation Act of 1973 and the Americans with Disabilities Act (ADA) of 1990.

Point of Contact:

Coordinator of Disability Services

Approval and Revision Dates:

• College Council: November 21, 2014
• President’s Council: December 15, 2014
• College Board: January 15, 2015

Contagious Diseases of Public Health Significance Policy

Germanna Community College Policy 70230 (Safety and Security)

Purpose:

Germanna Community College (GCC) is committed to providing, to the extent possible, a healthy and safe educational environment for all students, employees and visitors (the “College community”). The purpose of this policy is to help prevent the spread of communicable/contagious diseases of public health significance through measures that focus on safety, prevention and education.

The College reserves the right to remove from College property any visitor, student, or employee believed to be positive for a communicable disease transmitted by air, object or through casual contact. The College further reserves the right to request written documentation from his/her treating physician or primary care provider declaring that the individual is medically cleared before returning to College property. The Chief of Police/Emergency Coordinator will make available to its College community information about the transmission of diseases and precautions that infected persons should take to prevent the spread of disease. Reliable sources of information may be obtained from the Virginia Department of Health. This policy does not address the common cold or seasonal allergies. This policy will be reviewed annually.

Policy:

2.1 All members of the College community are responsible for adhering to the Contagious Diseases Policy and procedures.

2.2 The Chief of Police/Emergency Coordinator is responsible for the overall coordination and enforcement of this policy and associated procedures.

2.3 Persons who know or have reason to believe they are infected with a contagious disease should seek expert medical advice and advise local health authorities of a possible public health threat. They must follow the directions of local health authorities in order to prevent the spread of infection and to protect their own health. The Chief of Police/Emergency Coordinator (or designee) may serve as the point of contact between the health department and the college as it relates to the campuses. The Chief of Police/Emergency Coordinator should be immediately made aware of any reported contagious diseases as reported by the health department or others. The Chief of Police/Emergency Coordinator will provide guidance and direction as necessary. All public communications as it pertains to Contagious Diseases must be approved by the College President or his designee.

Procedure

3.1 Protocol for Infected Students

3.1.1 Students who know or suspect they are infected with a contagious disease must notify the Dean of Student Development’s Office and/or instructor(s).

3.1.2 The Deans of Student Development and Academic Deans have the authority to temporarily remove students from the classroom pending receipt of documentation by a physician that they pose no threat or danger to themselves, others at the college or to the learning process. If students fail to follow the Dean’s instructions, they will be considered in violation of the student code of conduct and will be subject to disciplinary action.

3.1.3 Before returning to GCC, students who have been diagnosed as having a contagious disease as listed above must present written documentation from their treating physician or primary care provider documenting that they are medically cleared (i.e., is no longer infectious to others) and is able to return as of a specified date. This information must be presented to the Dean of Student Development. All records regarding this medical information must remain confidential and be filed separately from all other general student records and/or personnel files.

3.1.4 Students are encouraged to stay in touch with faculty regarding class assignments and progress as appropriate. Students are responsible for meeting course attendance standards and requirements. See the Germanna Student Handbook for Attendance Standards and Withdrawal Under Mitigating Circumstances.

3.2 Protocol for Infected Employees

3.2.1 Employees who know or have reason to believe they are infected with a contagious disease must notify their supervisor and the college’s Department of Human Resources.

3.2.2 Before returning to GCC, employees who have been diagnosed as having a contagious disease as listed above must present written documentation from his/her treating physician or primary care provider documenting that the individual is medically cleared (i.e., is no longer infectious to others) and is able to return to work as of a specified date. This information must be presented to Human Resources and their supervisor.

3.2.3 As per GCC policy, employees need to follow all policies and procedures pertaining to sick leave and supervisor notification with regard to their status.

3.2.4 Supervisors have the authority to send employees home if they do not comply with this policy. Employees will be charged sick or annual leave if sent home. Failure to follow a supervisor’s directive is considered insubordination and is subject to formal disciplinary action under the DHRM Standards of Conduct.

3.2.5 When the State Health Commissioner and the Governor of the Commonwealth of Virginia declare a Communicable Disease of Public Health Threat as defined in Section 31.1-48.06, et. Sec. Code of Virginia, GCC employees, as per DHRM Public Health Emergency Leave policy (policy 4.52), are permitted or required to attend to the medical needs of themselves and immediate family members and provided up to 80 hours of paid leave per leave year for this purpose.

3.3 Protocol for Supervisors and Faculty

3.3.1 Supervisors and faculty who become aware of an employee or student under their supervision who is diagnosed with a communicable disease must take reasonable precautions to protect that person’s privacy and health information (HIPAA). Student Health concerns should be forwarded to the Dean of Student Development and their respective Academic Dean. All employee health care concerns must be forwarded to the college Department of Human Resources. Supervisors and employees can contact the Department of Human Resources with any questions or concerns they may have regarding workplace issues surrounding communicable diseases.

3.3.2 Please note: In the event that the Commonwealth declares a communicable disease or public health threat or public health emergency, the Public Health Emergency Leave Policy may be partially or fully implemented http://www.dhrm.virginia.gov/hrpolicy/web/Pol4_52.pdf.

3.4 College

3.4.1 Should any disease reach a pandemic stage, The Chief of Police/Emergency Coordinator will monitor the situation by communicating with local and state health officials and review media sources in order to provide appropriate information to the College community. College officials may temporarily close the College or a campus, if such closure serves the best interest of the College community.

3.4.2 The Executive Policy Group (Presidents Council), College Spokesperson, PIO and if possible, in collaboration with the Chief of Police/Emergency Coordinator will inform the College community of plans to provide continuity of operations/instruction that will minimize educational and social disruption.

3.4.3 The Chief of Police/Emergency Coordinator may require infected persons to isolate themselves from the College community until the danger of infection is no longer present.

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

3.5 Confidentiality Statement

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

3.6 Sanctions

3.6.1 Students who fail to comply with this policy are subject to sanctions, as appropriate, through the GCC Student Code of Conduct and applicable state and federal laws.

3.6.2 Employees who fail to follow all applicable GCC, VCCS, and DHRM policies and procedures, and applicable state and federal laws may be subject to formal disciplinary action.

3.7 Interpretation

3.7.1 Students: Authority for interpretation of this policy rests with the Vice President for Academic and Student Services.

3.7.2 Employees: Authority for interpretation of this policy rests with the Vice President of Administrative & Financial Services and the Associate Vice President of Human Resources.

Definitions

Contagious disease of public health significance: means an illness caused by a specific or suspected infectious agent that may be transmitted directly or indirectly from one individual to another; for the purpose of this policy an infectious disease that is spread from person to person through casual contact or respiratory droplets, which may lead to an epidemic or pandemic situation and threaten the health of the campus community. These diseases include but are not limited to: tuberculosis (TB), measles or German measles (rubella), certain strains of hepatitis and meningitis, as well as SARS and certain strains of influenza. Other potentially less serious infectious diseases, such as chicken pox and pneumonia will be addressed on a case-by-case basis.

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

References:

VCCS Policy 6.0.8.1
Section 31.1-48.06, Code of Virginia
DHRM Public Health Emergency Leave Policy 4.5.

Point of Contact:

Chief of Police/Emergency Coordinator

Approval and Revision Dates:

• College Council: May 29, 2015
• President’s Council: March 16, 2015
• College Board: July 16, 2015

Change of Curriculum

Germanna Community College Policy 80440

Purpose

In accordance with best practices and to be compliant with Federal regulations pertaining to Financial Aid Course Audits (FACA), the Change of Curriculum Policy has been established for students who wish to change their program or course of study while at Germanna Community College. The policy is designed to ensure students maintain eligibility for financial aid and to allow Germanna to remain compliant with best practices and Federal regulations. Students have the flexibility to change their program or course of study while at Germanna but in a timely way that does not interfere with either their ability to qualify for Financial Aid and Veterans benefits or their progression to degree and certificate attainment.

Policy

Students who wish to add, remove or change their curriculum (program of study) while at Germanna Community College must complete a Request for a Change of Curriculum or Adviser form available at the Welcome Centers and Online and submit to any Welcome Center. The change will be effective during the current term if submitted prior to the census date. All requests received after the identified date will be effective for the next term.

Procedure

3.1 Students who wish to change their program or course of study while at Germanna Community College should discuss their intentions with an academic advisor.

3.2 Once a decision to transfer to another program has been finalized, the student must submit a Change of Curriculum or Advisor form to any Welcome Center or submit online to admissions@germanna.edu

3.3 Students who have transferred in credits from another institution must request a new evaluation of their transcript based on their new program.

3.4 Graduation requirements will be determined by the catalog in effect at the time of the curriculum change. Please see “Catalog Used for Graduation “ under “Graduation Requirements and Procedures ” in the current catalog.

3.5 Admissions and Records will update the program within 10 business days, students will see the change during the term for which it is effective.

Definitions

4.1 Census date: Last Day to Withdrawal with a Refund

References

Federal Code 34 CFR 668.34

Point of Contact

Vice President for Student Success

Approvals

• College Council: November 18, 2016
• President’s Council: December 12, 2016
• College Board: January 12, 2017

Domicile Appeal Process

Germanna Community College Policy 80310

Purpose

Germanna Community College is guided by the Virginia Community College System, the Code of Virginia and the State Council of Higher Education on determining domicile.

Policy

The College makes an initial determination of a student’s eligibility for in-state tuition rates based on the information provided by the applicant and/or the applicant’s parent, legal guardian or spouse on the Application for Virginia Domicile. Eligibility is determined using State Council of Higher Education guidelines pertaining to Section 23-7.4 of the Code of Virginia.

Procedure

3.1 Determination
Upon completion of the application process an initial tuition determination of whether the student has been domiciled in the Commonwealth of Virginia for at least one year immediately prior to the commencement of the semester for which in-state tuition is sought will be made. A student who has been classified as out-of-state for tuition purposes will be notified in writing of the domicile determination within 10 business days of the application. Students classified as out-of-state, who can provide clear and convincing evidence that they were eligible for Virginia domicile on the first day of class for a term, may have their tuition status changed for the current term. Students should follow the Community College’s domicile appeal process outlined below.
In the event that a student’s circumstances change after a semester has begun, the student’s tuition may be eligible for reclassification. This reclassification shall be effective for the next academic semester or term following the date of the application for reclassification. Students should follow the College’s domicile appeal process outlined below.

3.2 Appeal
A student who disagrees with the initial tuition classification may make a written appeal to an Associate/Assistant Registrar within ten business days of the initial notification. The student may be asked to provide additional domicile information to supplement the Application for Virginia Domicile. An Associate/Assistant Registrar or designee will respond to the appeal via email notification within fifteen business days.
If the student disagrees with the tuition classification, the student may file a final written appeal with the Registrar for consideration by the Domicile Appeals Committee. The Domicile Appeals Committee shall consist of two members of the Student Success Committee and the Registrar. No person who serves at one level of this appeals process shall be eligible to serve at any other level of this review. This written appeal must be made within five business days of the student’s notification of the first appeal. The Domicile Appeals Committee will review the domicile
determination to ensure the decision is in compliance with relevant state legislation and state guidelines.
A student who is not satisfied with the outcome of the review by the Domicile Appeals committee may appeal to the appropriate circuit court. The student must file a petition for review with the court within thirty business days of receipt of the decision made by the Domicile Appeals Committee.

Military Exceptions for In-State Tuition Rate

The following individuals shall be charged the in-state rate, or otherwise considered a resident, for tuition purposes:

A veteran using educational assistance under either Chapter 30 (Montgomery G.I. Bill® - Active Duty Program) or Chapter 33 (Post-9/11 G.I. Bill), of Title 38, United States Code, who lives in the Commonwealth of Virginia while attending a school located in the Commonwealth of Virginia (regardless of their formal state of residence).

• Anyone using transferred Post-9/11 GI Bill benefits who lives in the state where the IHL is located, and the transferor is a member of the uniformed service serving on active duty.
• A spouse or child using benefits under the Marine Gunnery Sergeant John David Fry Scholarship (38 U.S.C. § 3311(b)(9) who lives in the Commonwealth of Virginia while attending a school located in the Commonwealth of Virginia (regardless of their formal state of residence).
• A spouse or child using benefits under Survivors’ and Dependents’ Education Assistance (Chapter 35) living in the Commonwealth of Virginia while attending a school located in the Commonwealth of Virginia (regardless of their formal state of residence).
• An individual using educational assistance under chapter 31, Veteran Readiness and Employment (VR&E) who lives in the Commonwealth of Virginia while attending a school located in the Commonwealth of Virginia (regardless of their formal state of residence) effective for courses, semesters, or terms beginning after March 1, 2019
• Anyone described above remains continuously enrolled (other than during regularly scheduled breaks between courses, semesters, or terms) at the same institution. Therefore, the described person must be enrolled in the institution and use educational benefits under Chapters 30, 31, 33 or 35 of Title 38, United States Code.

Each student must submit a Domicile Exception Application to qualify. Contact an Enrollment or Admissions Office on any Germanna Community College campus for more information. The Domicile Exception Application may be accessed on the Germanna.edu website, search key word: domicile. Current military exceptions to domicile information can be on The State Council of Higher Education for Virginia (SCHEV) website at schev.edu.

Definitions

Domicile: A technical, legal concept which means more than simple residency in the Commonwealth of Virginia.
Virginia Domiciliary: In order to be considered a Virginia domiciliary, a student must demonstrate through clear and convincing evidence his/her intention of remaining in Virginia indefinitely.
Demonstration of Intent: is usually accomplished through objective evidence. A student under the age of 24 generally assumes the domicile of the parent(s) or legal guardian(s), unless the student has been legally emancipated or meets criteria for independent student status.

References

Code of Virginia, Section 23-7.4
State Council for Higher Education Guidelines
VCCS Policy Manual 6.1 - Student Domicile

Point of Contact:

Vice President of Academic Affairs and Workforce Development

Approval and Revision Dates

• College Council: October 28, 2016
• President’s Council: November 21, 2016
• College Board: January 12, 2017

Expressive Activity - Students Policy 80400

Purpose

1.1 This policy addresses organized and spontaneous expressive activity by students and student organizations at Germanna Community College.

Policy

2.1 This policy applies to all buildings, grounds, and other spaces owned or controlled by a college. The term “expressive activity” includes:

• Meetings and other group activities of students and student organizations;
• Speeches, performances, demonstrations, rallies, vigils, and other events by students, student organizations, and outside groups invited by student organizations;
• Distributions of literature, such as leafleting and pamphleting; and
• Any other expression protected by the First Amendment to the U.S. Constitution.

2.2 College property is primarily dedicated to academic, student life and administrative functions. But it also represents the “marketplace of ideas,” and especially for students, many areas of campus represent a public forum for speech and other expressive activities. The College may place restrictions on expressive activities occurring indoors, but especially for students and student organizations, the outdoor areas of campus remain venues for free expression, including speeches, demonstrations, and the distribution of literature.

2.3 Indoors or outdoors, the College shall not interfere with the rights of individuals and groups to the free expression of their views or impermissibly regulate their speech based on its content or viewpoint. Nevertheless, the College may establish reasonable time, place, and manner restrictions on expressive activity. Such restrictions must be content-neutral, narrowly tailored to serve a significant governmental interest, and allow ample alternative channels for communication of the information.

2.4 No event or expressive activity shall be permitted to violate or hinder the rights of others within the campus community or substantially disrupt normal college operations.

2.5 The Vice President for Academic Affairs and Student Services is responsible for implementing this policy. Inquiries regarding this policy should be directed to the office of the Vice President for Academic Affairs and Student Services.

Procedures

3.1 Reserving Campus Facilities:

1. If students or student organizations desire to reserve campus facilities, they shall submit their requests to the Dean of Student Development. The College normally may not require more than twenty-four hours advance notice for reservation requests. More notice may be required to allow for sufficient logistical support and to ensure the safety and security of the campus.
2. If individuals or organizations who are not members of the college community (i.e., not students or student organizations) desire to reserve campus facilities, they must be sponsored by a recognized student organization or the college to conduct expressive activities or events on campus. These individuals or organizations should contact the Dean of Student Development, if interested in being sponsored by the College.
3. No indoor facilities, other than those listed below, shall be used by students or student organizations for the purpose of expressive activity:
   Daniel Technology Center - Front lobby, next to grand stairwell. Dickinson Building - Student lounge and lobby adjacent to student lounge
   French Slaughter Building - Student lounge and lobby adjacent to student lounge Science Engineering and Information Commons - Second floor, near elevator Stafford Automotive Center - Front lobby
4. Students and student organizations may request to reserve campus facilities on a first-come, first-served basis. These requests may be denied for the following reasons only:
   1. The requested venue is an indoor facility that the college has designated as not available for expressive activity under section 6.5.2.0(a)(3) of this policy;
   2. The requested venue is an indoor facility and the request conflicts with restrictions enacted pursuant to section C of this policy;
   3. The venue is already reserved for another event; 1
      1 In the event that multiple individuals or organizations submit conflicting reservations requests, the following order
   4. The activity will attract a crowd larger than the venue can safely contain;
   5. The activity will substantially disrupt another event being held at a neighboring venue; 2
   6. The activity will substantially disrupt college operations (including classes);
   7. The activity is a clear and present threat to public safety, according to the college’s police or security department;
   8. The activity will occur during college examination periods; or
   9. The activity is unlawful.
5. During an event, the student or student organization requesting the reservation is responsible for preserving and maintaining the facility it reserved. If it causes any damage to those facilities, the person(s) or organization (and its officers, if applicable) shall assume responsibility.
6. When assessing a request to reserve campus facilities, Germanna Community College and its administrators will not consider the content or viewpoint of the expression or the possible reaction to that expression. The College and its administrators will not impose restrictions on students or student organizations due to the content or view-point of their expression or the possible reaction to that expression. In the event that other persons react negatively to a student’s or student organizations, college officials (including college police or security) shall take all necessary steps to ensure public safety while allowing the expressive activity to continue.

3.2 Spontaneous Expressive Activity:

1. No indoor facilities, other than those listed below, shall be used by students or student organizations for the purpose of spontaneous expressive activity:
   Daniel Technology Center - Front lobby, next to grand stairwell. Dickinson Building - Student lounge and lobby adjacent to student lounge
   French Slaughter Building - Student lounge and lobby adjacent to student lounge
   Science Engineering and Information Commons - Second floor, near elevator Stafford Automotive Center - Front lobby of precedence shall govern: (1) official college sponsored activities and events; (2) recognized student organization activities and events; (3) student activities and events; and (4) all other activities and events.
   1. For outdoor campus facilities and areas, students, student organizations, and their sponsored guests may freely engage in spontaneous expressive activities as long as they do not (a) block access to campus buildings, (b) obstruct vehicular or pedestrian traffic, (c) substantially disrupt previously scheduled campus events,3 (d) substantially disrupt college operations, (e) constitute unlawful activity; or (t) create a clear and present threat to public safety, according to the college’s police or security department.
2. Banners used in expressing speech should comply with the provisions of this policy and cannot be used to block, obstruct or otherwise deny access to any pedestrian or to block or obstruct vehicular traffic.
3. Distribution of commercial advertising or the placement of commercial material is prohibited in the following areas:

• Administrative offices
• Classrooms, computer rooms, laboratories, and other places where instruction takes place
• Libraries

Definitions

1. References -VCCS Policy 6.5. l

Point of Contact:

Vice President for Academic Affairs and Workforce Development

Approval and Revision Dates

• College Council: April 25, 2014; July 25, 2014
• President’s Council: April 21, 2014; August 18, 2014
• College Board: September 18, 2014

Financial Aid Bookstore Purchasing Policy

Germanna Community College Policy 80430

Purpose:

The purpose of this policy is to clarify how students may use financial aid funds to charge items in the college bookstore directly to their financial aid.

Policy

2.1 Students using financial aid in the College Bookstore may purchase only required books and supplies that correlate with registered courses for the term. Such items may include laptops, tablets, cameras, scientific calculators, uniforms, lab kits, test review materials, and tools if these items are deemed required by an instructor of the class or program head.

2.2 Types and frequency of electronic items: Students may purchase course related computers or electronic items no more than once each academic year without approval by the Financial Aid Director or designee. Rare exceptions to this policy may be made by the college’s Director of Financial Aid.

2.2. Items not approved for purchase with financial aid include but are not limited to apparel, food, cell phones, household or gift items, and gift/prepaid cards.

2.3 During the book purchase period, books and supplies purchased using financial aid cannot be returned to the College Bookstore for cash. Amounts for returned items must be credited back to the aid items that paid for the books and supplies on the student’s account.

Procedures

3.1. The period during which students may charge books for each semester is limited and changes each semester. Students must follow deadlines and charging limits posted by the Financial Aid Department or the College Bookstore.

3.2 The amount available for financial aid charge is based on individual student eligibility and the number of eligible credits students are enrolled in during a semester.

3.3 Students not meeting Satisfactory Academic Progress standards may not charge books to their financial aid.

3.4 Students must notify the cashier at the bookstore that they are using financial aid to pay for bookstore charges and must come prepared to sign authorization with their class schedule and a valid photo ID.

Definitions

4.1 Financial aid: Grants, loans, and scholarships obtained through Germanna Community College.

References

State Board Policy 4.3.5, effective 7/16/15

Point of Contact

Director of Financial Aid

Approval and Revision Dates

• College Council: November 2, 2015
• President’s Council: November 9, 2015
• College Board: November 19, 2015

Human Rights Policy 10560

Policy 10560: Title IX-Sexual Violence, Domestic Violence, Dating Violence, and Stalking

Policy on Sexual Harassment

A. 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 education programs or activities, admission, and employment. Under certain circumstances, sexual harassment constitutes sexual discrimination prohibited by Title IX. Inquiries concerning the application of Title IX may be referred to the College’s Title IX Coordinator or to the U.S. Department of Education’s Office for Civil Rights. The Title IX Coordinator is Mr. 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. There are two Deputy Title IX Coordinators. The first is Associate Vice President of Human Resources, Ms. Veronica Curry, whose office is located in Dickinson Building of the Fredericksburg Area Campus, and may be contacted by email at VCurry@germanna.edu. The second Deputy Title IX Coordinator is Assistant Dean of Student Development, Dr. Sarah Somerville. Dr. Somerville’s office is located in room 205E in the French Slaughter Building at the Locust Grove Area campus. She can be reached by email at SSomerville@germanna.edu or by phone at 540-423-9139.

B. Policy

1. Germanna Community College is committed to providing an environment that is free from harassment and discrimination based on any status protected by law. Accordingly, this Policy prohibits sex discrimination, which includes sexual harassment, sexual assault, sexual exploitation, domestic violence, dating violence, and stalking. This Policy also prohibits retaliation. This Policy supplements the following general policy statement set forth by the Virginia Community College System: This College promotes and maintains educational opportunities without regard to race, color, national origin, religion, disability, sex, sexual orientation, gender identity, ethnicity, marital status, pregnancy, childbirth or related medical conditions including lactation, age (except when age is a bona fide occupational qualification), veteran status, or other non-merit factors. This Policy also addresses the requirements under the Violence Against Women Reauthorization Act of 2013, (also known as the Campus SaVE Act), and Virginia law.

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

C. Purpose

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

D. Applicability

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

E. Definitions
 

1. Actual Knowledge. Actual knowledge means notice of sexual harassment or allegations of sexual harassment to a College’s Title IX Coordinator [or any other official of the College who has authority to institute corrective measures on behalf of the College]. “Notice” includes, but is not limited to, a report of sexual harassment to the Title IX Coordinator.

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

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

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

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

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

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

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

7. Cross-examination. Cross-examination is the opportunity for a party’s advisor to ask questions of the other party and the other party’s witnesses.

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

9. 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.

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

11. Direct Examination. Direct examination is the questioning of a witness by a party who has called the witness to provide such testimony.

12. 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.

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

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

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

16. Facilitator. Facilitator guides a discussion between parties during the informal resolution process and reaches a decision to the satisfaction of each party.

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

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

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

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

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

22. Preponderance of the Evidence. A preponderance of the evidence is evidence that shows that the allegation against the respondent is more likely to be true than not. The preponderance of evidence the College must use to determine responsibility.

23. Relevance. Relevance refers to evidence that tends to prove or disprove whether the respondent is responsible for the alleged conduct. A relevant question asks whether the facts materials to the allegations under investigation are more or less likely to be true. A question not directly related to the allegations in the formal complaint generally will be irrelevant.

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

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

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

27. Responsible Employee. A Responsible Employee is an employee who has the authority to take action to redress sexual harassment; who has been given the duty to report sexual harassment to the Title IX Coordinator [or other designee]; or an employee a student could reasonably believe has such authority or duty. [The College may name Responsible Employees by title, or name employees who are Campus Security Authorities (CSAs) as Responsible Employees.] A Responsible Employee shall not be an employee who, in his or her position at the College, provides services to the campus community as a licensed health care professional, (or the administrative staff of a licensed health care professional), professional counselor, victim support personnel, clergy, or attorney. [Colleges may choose to identify by name employees who are not Responsible Employees.]

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

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

30. Sexual Assault. Sexual assault is any sexual act directed against another person without consent or where the person is incapable of giving consent. Sexual assault includes intentionally touching, either directly or through clothing, the victim’s genitals, breasts, thighs, or buttocks without the person’s consent, as well as forcing someone to touch or fondle another against his or her will. Sexual assault includes sexual violence.

31. Sexual Exploitation. Sexual exploitation occurs when a person takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual harassment offenses. Examples of sexual exploitation include prostituting another person; non-consensual video or audio-taping of otherwise consensual sexual activity; going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex), and knowingly transmitting HIV or an STD to another.

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

a) 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;

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

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

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

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

35. Statement. A statement is a person’s intent to make factual assertions during the formal or informal resolution process., including evidence that contains a person’s statement(s). Party or witness statements, police reports, Sexual Assault Nurse Examiner (SANE) reports, medical reports, and other records, such as emails and texts, may be considered by the Hearing Officer even if they were not subject to cross-examination at a live hearing.

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

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

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

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

40. Workday. A workday is any eight-hour day, Monday through Friday, that the College is open for regular business. Workdays include days when classes are not held, but when employees are expected to be at work.

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

F. Retaliation

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

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

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

4. Allegations of retaliation will be investigated and adjudicated as a separate code of conduct violation. Any person found responsible for retaliating against another person is subject to disciplinary or other action independent of the sanctions or interim measures imposed in response to the underlying allegations of violations of this Policy.
 

G. Reporting Incidents of Sexual Harassment

1. Members of the campus community who believe they have been victims of crimes may report the incident to campus or local police. All emergencies or any incident where someone is in imminent danger should be reported immediately to campus police/security or local police by dialing 322911 from any college VoIP phone or 540-727-2911.

2. Whether or not a report is made to law enforcement, any person may report incidents of sexual harassment, domestic violence, dating violence, sexual assault, or stalking (whether or not the person reporting is the person alleged to be the victim of conduct that could constitute violation of this policy), in person, by mail, by telephone, or by electronic mail, using the contact information listed for the Title IX Coordinator, or by reporting such conduct to a Responsible Employee to ensure that the Title IX Coordinator receives the verbal or written report. The Title IX Coordinator is solely responsible for overseeing the prompt, fair, and impartial investigation and resolution of reports and formal complaints filed with the College.

Germanna Community College Title IX Campus Resources

Title IX Coordinator: Mr. Mark Haines
Room 201F, Dickinson Building
10000 Germanna Point Drive
Fredericksburg, VA 22408

540-891-3026

mhaines@germanna.edu

Deputy Title IX Coordinator: Ms. Veronica Curry (Employees)
Dickinson Building
10000 Germanna Point Drive
Fredericksburg, VA 22408
540-834-1027
vcurry@germanna.edu

Deputy Title IX Coordinator: Dr. Sarah Somerville (Students)
Room 205E, French Slaughter Building
2130 Germanna Highway
Locust Grove, VA 22508
540-423-9139
ssomerville@germanna.edu

3. After normal business hours, members of the campus community should report alleged violations of this Policy to: The College Police Department at 540-727-2911.

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

H. Confidentiality and Anonymous Reports

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

2. The College has a responsibility to respond to conduct that violates this Policy. For this reason, most College employees may not keep secret a report of sexual harassment. The College expects employees to treat information they learn concerning incidents of reported violations of this Policy with respect and as confidentially as possible. College employees must share such information only with those College and law enforcement officials who must be informed of the information pursuant to this Policy.

3. Responsible Employees must report all alleged violations of this Policy obtained in the course of his or her employment to the Title IX Coordinator as soon as practicable after addressing the immediate needs of the complainant. Other campus employees have a duty to report sexual assault, domestic violence, dating violence, and stalking for federal statistical reporting purposes (Campus Security Authority (CSA) under the Clery Act). CSAs include student/conduct affairs personnel, campus law enforcement, student activities staff, human resources staff, and advisors to student organizations. All employees must report suspected child abuse or neglect to the [Title IX Coordinator/other designated official] as soon as practicable, but no later than 24 hours after forming such suspicion, pursuant to VCCS Policy Number 3.14.6, Reporting Sexual Child Abuse or Neglect.

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

5. The College will accept anonymous reports, but a complainant may not remain anonymous if a complainant files a formal complaint. In the absence of a formal complaint, the College’s response will be limited to providing supportive measures if appropriate and reasonably available.

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

I. Immunity

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

J. Timely Warnings

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

K. Interim Measures

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

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

3. Mutual No Contact Order. The College may impose a “no contact” order on each party, requiring the parties to refrain from having contact with one another, directly or through proxies, whether in person or by electronic means.

L. Supportive Measures

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

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

M. Procedures to Follow after an Incident

Anyone who has experienced a sex offense, domestic violence, dating violence, sexual assault, or stalking should take the following action:

1. Find a safe place away from harm.

2. Call 911 or if on campus, The Title IX Coordinator may assist you in notifying law enforcement authorities if you wish, and you may decline to notify law enforcement.

3. Call a friend, a campus advocate, a family member, or someone else you trust and ask her or him to stay with you.

4. Go to the nearest medical facility/emergency room. It is important to seek appropriate medical attention to ensure your health and well-being, as well as to preserve any physical evidence.

5. If you suspect that you may have been given a drug, ask the hospital or clinic where you receive medical care to take a urine sample. The urine sample should be preserved as evidence. “Rape drugs,” such as Rohypnol and GHB, are more likely to be detected in urine than in blood.

6. For professional and confidential counseling support, call the Virginia Family Violence & Sexual Assault Hotline at 1-800-838-8238, Rappahannock Council Against Sexual Assault at 540-371-1666, Services to Abused Families, Inc. (SAFE) at 1-800-825-8876, or Empowerhouse Hotline at 1-877-734-7238. Help is available 24 hours a day.

7. You should take the following steps to preserve any physical evidence because it will be necessary to prove criminal domestic violence, dating violence, sexual assault, or stalking, or to obtain a protective order:

a) Do not wash your hands, bathe, or douche. Do not urinate, if possible.

b) Do not eat, blow your nose, drink liquids, smoke, or brush your teeth if the incident involved oral contact.

c) Keep the clothing worn when the incident occurred. If you change clothing, place the worn clothing in a paper bag.

d) 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.

e) Tell someone all the details you remember or write them down as soon as possible.

f) Maintain text messages, pictures, online postings, video, and other documentary or electronic evidence that may corroborate a formal complaint.

8. The College will enforce protective orders issued by a court of law to the extent possible.

N. Support Services

1. All students and employees will receive information in writing of available counseling, health, mental health, victim advocacy, legal assistance, and other services available in the community and on campus.

2. For information about available resources, go to: Community Services

O. Education and Awareness Program

1. The College conducts a program to educate students and employees about this Policy and its procedures. The education and awareness program is designed to promote awareness of sexual assault, domestic violence, dating violence, and stalking.

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

a) A statement that the College prohibits sexual harassment, including sexual assault, domestic violence, dating violence, and stalking;

b) The definition of sexual harassment, including sexual assault, domestic violence, dating violence, and stalking;

c) The definition of consent;

d) Safe and positive options for bystander intervention that may be carried out by an individual to prevent harm or intervene when there is a risk of sexual assault, domestic violence, dating violence, or stalking against a person other than such individual;

e) Information on risk reduction to recognize warning signs of abusive behavior and how to avoid potential attacks;

f) Information on possible sanctions and procedures to follow after an incident of sexual assault, domestic violence, dating violence or stalking, disciplinary procedures, and the protection of confidentiality; and

g) The College’s disciplinary procedures;

h) Information on how the College will protect confidentiality; and

i) Written notification about available resources and support services and available supportive measures available if appropriate and reasonably available.

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

P. Academic Freedom and Freedom of Speech

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

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

Q. False Statements

The College prohibits knowingly making false statements or knowingly submitting false information. Any individual who knowingly files a false report or formal complaint, who knowingly provides false information to College officials, or who intentionally misleads College officials who are involved in the investigation or resolution of a report or formal complaint may be subject to disciplinary action, up to and including dismissal for students and termination of employment for faculty and staff. An allegation that cannot be proven by a preponderance of the evidence is insufficient evidence of a knowing false statement.

R. Consensual Relationships

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

S. Handling Reports of Sexual Violence

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

2. Meeting(s) of the Review Committee. Within 72 hours of receiving a report of an alleged act of sexual violence as defined in this policy against a student or one that allegedly occurred on property owned or controlled by the College or public property within the campus, or immediately adjacent to and accessible from the campus, the Title IX Coordinator shall convene the College’s Review Committee to review 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.

3. Disclosures to Law Enforcement. Under Virginia law, the Review Committee may determine that the disclosure of information to local law enforcement regarding the alleged incident of sexual violence, including personally identifiable information, is necessary to protect the health or safety of the complainant or other individuals.

a) The Review Committee may 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.

b) The Title IX Coordinator will notify the alleged victim in writing that the College will disclose such information to law enforcement.

4. Disclosures to the Commonwealth’s Attorney. If the report of an alleged act of sexual violence would constitute a felony, within 24 hours of the first Review Committee meeting, the law enforcement representative of the Review Committee shall notify the local Commonwealth’s Attorney (or other prosecutor responsible for prosecuting the alleged act of sexual violence) and disclose the information received by the Review Committee, including personally identifiable information, if such information was disclosed pursuant to Section S3.

a) The law enforcement representative usually will make this disclosure; however, any member of the Review Committee may decide independently that such disclosure is required under state law and within 24 hours of the first Review Committee meeting shall disclose the information to the local Commonwealth’s Attorney (or other prosecutor responsible for prosecuting the alleged act of sexual violence), including personally identifiable information, if such information was disclosed pursuant to Section S3.

b) If the Title IX Coordinator is aware of such disclosure, the Title IX Coordinator will notify the alleged victim in writing that such disclosure is being made.

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

6. The College also must inform the complainant of the following:

a) the available law enforcement options for investigation and prosecution;

b) the importance of collection and preservation of evidence;

c) the available options for a protective order;

d) the available campus options for investigation and adjudication under the institution’s policies;

e) the complainant’s rights to participate or decline to participate in any investigation to the extent permitted under state of federal law;

f) the applicable federal or state confidentiality provisions that govern information provided by a victim;

g) the available on-campus resources and any unaffiliated community resources, including sexual assault crisis centers, domestic violence crisis centers, or victim support services;

h) the importance of seeking appropriate medical attention; and

i) the College’s obligation to disclose information about the report; including personally identifiable information to campus or local law enforcement, or to the local Commonwealth’s Attorney, or both, if the review team determines that such disclosure is necessary to protect the health or safety of the complainant or others.

7. In addition to the procedures described in this Section, the College shall follow procedures described in Section T.

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

1. Upon receiving actual knowledge of sexual harassment in an education program or activity of the College against a person in the United States, the College must respond promptly in a manner that is not deliberately indifferent. The College will treat complainants and respondents equitably by offering supportive measures to the complainant and by completing either a formal or informal resolution process before imposing any disciplinary sanctions or other corrective actions that are not supportive measures against a respondent.

2. Upon receiving a report of sexual harassment (including domestic or dating violence, sexual assault, or stalking), the Title IX Coordinator shall take the following actions:

a) promptly contact the complainant to discuss the availability of supportive measures and consider the complainant’s wishes with respect to such supportive measures;

b) inform the complainant that supportive measures are available with or without the filing of a formal complaint;

c) explain to the complainant the process for filing a formal complaint, including providing the complainant with a Formal Complaint Form, when applicable; and,

d) give the complainant a written explanation of available rights and options as described in Sections H, L, M, N, U, and AA.

3. The Title IX Coordinator shall take the actions as described above whether the offense occurred on or off campus.

4. Closing the Report. After following the procedures described in this Section, the Title IX Coordinator must close the report if;

a) the conduct alleged in the report would not constitute sexual harassment as defined by this policy, even if proved;

b) the conduct did not involve an education program of activity of the College; or

c) the complainant does not file a formal complaint and the Title IX Coordinator does not sign a formal complaint.

5. The Title IX Coordinator shall forward the report to the appropriate College official that will determine whether the conduct alleged in the report violates a separate policy or code of conduct and provide written notice of the decision to close the report to the complainant.

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

7. The decision to close the report is final.

U. Resolution of Formal Complaints

1. The College’s Responsibilities. The College must provide a prompt, fair, and impartial investigation, and resolution of alleged violations of this Policy. The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rest on the College and not on the parties, but the parties may present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.

a) When resolving a formal complaint, the College will evaluate all relevant evidence objectively, including both inculpatory and exculpatory evidence, and will make credibility determinations without reference to a person’s status as a complainant, respondent, or witness.

b) The College will not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege.

c) All employees involved in the resolution of formal complaints, including the appeal process, must not have a conflict of interest or bias for or against complaints or respondents generally or for or against an individual complainant or respondent.

d) All employees involved in the resolution of formal complaints receive relevant training.

e) The College will treat complainants and respondents equitably by providing remedies to a complainant where a determination of responsibility for sexual harassment has been made against the respondent, and by following the formal or informal resolution process before the imposition of any disciplinary sanctions or other actions that are not supportive measures against a respondent.

f) At all times prior to a determination of responsibility, the respondent will be presumed not responsible for the alleged conduct. The imposition of interim measures does not constitute a presumption of responsibility.

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

3. Consolidation of Formal Complaints. The College may consolidate formal complaints against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of sexual harassment arise out of the same facts or circumstances.

4. Suspending an Investigation. The College will comply with all requests for cooperation by the campus police or local law enforcement in investigations. The College may be required to suspend the Title IX investigation while the campus police or the local law enforcement agency gathers evidence. The College will resume its Title IX investigation as soon as the campus police or local law enforcement agency has completed its gathering of evidence. Otherwise, the College’s investigation will not be precluded or suspended on the grounds that criminal charges involving the same incident have been filed or that charges have been dismissed or reduced.

5. Preliminary Investigation. If the respondent’s identity is unknown, the Title IX Coordinator (or Campus Police) will conduct a preliminary investigation to determine the respondent’s identity. If the preliminary investigation fails to reveal the identity of the respondent, the Title IX Coordinator shall dismiss the formal complaint because the College must have sufficient information to conduct a meaningful and fair investigation. If the identity of the respondent is revealed, the Title IX Coordinator shall proceed as otherwise provided in this Policy. The Title IX Coordinator will notify the complainant in writing of the result of the preliminary investigation promptly after the preliminary investigation.

6. Time Frame for Resolution of Formal Complaint.

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

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

V. Formal Resolution Process

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

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

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

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

d) The applicability of any laws mandating disclosure.

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

a) A copy of the College’s Title IX Policy against sexual harassment, including the process by which the College resolves allegations of sexual harassment;

b) Notice of the allegation(s), including sufficient details known at the time and with sufficient time to prepare a response before the initial meeting. Sufficient details include the identities of the parties involved in the incident, if known, the conduct allegedly constituting sexual harassment, and the date and location of the alleged incident, if known;

c) Notice that each party may be accompanied by an advisor of his or her choice at all meetings and the live hearing who may be, but is not required to be, an attorney, and that each party and advisor will have the opportunity to inspect and review evidence;

d) A statement that the respondent is presumed not responsible for the alleged conduct and that a determination regarding responsibility will be made at the conclusion of the formal or informal resolution process;

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

f) A statement that the College prohibits knowingly making false statements or knowingly submitting false information during the resolution of a formal complaint, in accordance with Section Q of this Policy.

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

a) 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;

b) Explain avenues for formal resolution and informal resolution of the formal complaint;

c) Explain that if the complainant chooses an informal resolution, that the complainant may withdraw from the informal resolution process at any time prior to the conclusion of the informal resolution process and pursue a formal resolution process, but may not do so after the conclusion of the informal resolution process;

d) Explain that records related to the informal resolution process will be maintained for a period of seven years and be made part of the record if a formal resolution process is pursued;

e) Explain the investigative process, including the right to discuss the allegations under investigation and to present fact and expert witnesses and other relevant evidence;

f) Discuss confidentiality standards and concerns with the complainant;

g) Discuss non-retaliation requirements;

h) Refer the complainant to campus and community resources, including the local sexual assault crisis center, domestic violence crisis center, victim support service with which the College has entered into a memorandum of understanding, or other appropriate support services;

i) Inform the complainant of any interim measures that will be imposed and any supportive measures that will be provided to the complainant during the pendency of the investigative and resolution processes;

j) Discuss the right to a prompt, fair, and impartial resolution of the formal complaint; and,

k) Answer questions about the Policy and procedures.

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

a) Review the allegations;

b) Determine whether an informal resolution is permissible, and whether the respondent wishes to pursue an informal resolution;

c) Explain avenues for formal resolution and informal resolution of the formal complaint;

d) Explain that if the respondent chooses an informal resolution, that the respondent may withdraw from the informal resolution process at any time prior to the conclusion of the informal resolution process and pursue a formal resolution process, but may not do so after the conclusion of the informal resolution process;

e) Explain that records related to the informal resolution process will be maintained for a period of seven years and be made part of the record if a formal resolution process is pursued;

f) Explain the investigative process, including the right to discuss the allegations under investigation and to present fact and expert witnesses and other relevant evidence;

g) Discuss confidentiality standards and concerns with the respondent;

h) Discuss non‐retaliation requirements;

i) Inform the respondent of any interim measures that will be imposed and any supportive measures that will be provided to the respondent during the pendency of the investigative and resolution processes;

j) Refer the respondent to campus and community resources, as appropriate;

k) Discuss the respondent’s the right to due process and a prompt, fair, and impartial resolution of the formal complaint;

l) If the respondent is a student and the formal complaint involves an alleged act of sexual violence as defined in this Policy, explain to the respondent that the College will include a notation on the academic transcript if the respondent is suspended or dismissed after being found responsible, or if the respondent withdraws while under investigation, that the investigation may continue in the respondent’s absence, if possible, while being afforded notice of all meetings and the live hearing, if applicable, and an opportunity to inspect, review, and respond to all the evidence; and

m) Answer questions about the Policy and procedures.

5. Title IX Coordinator’s Initial Determination.

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

(1) the conduct alleged in the formal complaint would not constitute sexual harassment as defined in this Policy even if proved;

(2) the conduct did not involve an education program or activity of the College;

(3) the conduct did not occur against a person in the United States.

b) Optional Dismissal of Formal Complaint. The Title IX Coordinator may dismiss the formal complaint if;

(1) A complainant notifies the Title IX Coordinator in writing that the complainant would like to withdraw the formal complaint or any of its allegations. If a complainant requests to withdraw a formal complaint, the Title IX Coordinator will consider the factors listed in Section V1 in determining whether to sign the formal complaint;

(2) the respondent is no longer enrolled or employed at the College; or

(3) specific circumstances prevent the College from gathering evidence sufficient to reach a determination as to the formal complaint or any of its allegations.

c) After dismissing the formal complaint, the Title IX Coordinator shall forward the formal complaint to an appropriate College official that will determine whether the conduct alleged in the formal complaint violates a separate policy or code of conduct.

d) The Title IX Coordinator will send written notice of the dismissal with specific reason(s) for the dismissal to the parties, simultaneously, within five (5) workdays of completing the initial meetings. This decision may be appealed.

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

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

b) Contacting the Parties. The investigator will contact the complainant and respondent promptly. In most cases, this should occur within ten (10) workdays from the date of the investigator’s appointment. The investigator will schedule meetings with the parties. The parties may provide supporting documents, evidence, and recommendations of witnesses, including character and expert witnesses, to be interviewed for the investigation. Each party may have one advisor present during any meeting with the investigator; however, the advisor may not speak on the party’s behalf.

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

d) Withdrawal of a Student During an Investigation. The withdrawal of a student from the College while under investigation for an alleged act of sexual violence as defined by this Policy in most cases will not end the College’s investigation and resolution of the complaint. The College shall continue the investigation, if possible, as set forth under this Policy. The College shall notify the student in writing of the investigation and afford the student the opportunity to provide evidence, to inspect, review, and respond to all the evidence and the written investigative report prior to making a determination on responsibility.

(1) Upon the student’s withdrawal, the College shall place a notation on the student’s academic transcript that states, “Withdrew while under investigation for a violation of [name of community college’s] Title IX Policy.” After the College has completed its investigation and resolution of the complaint, the College shall either (a) remove the notation if the student is found not responsible or (b) change the notation to reflect either a suspension or dismissal for a violation of the Policy if either was imposed.

(2) The College shall end the investigation and resolution of the complaint if the College cannot locate the respondent to provide due process. In such cases, the College shall maintain the withdrawal notation on the student’s academic transcript. Upon a final determination, the Title IX Coordinator immediately shall notify the registrar and direct that the appropriate notation is made.

e) Inspection and Review of the Evidence. The parties will have the opportunity to inspect, review, and respond to all the evidence obtained during the investigation that is directly related to the allegations raised in the formal complaint, including the evidence upon which the College does not intend to rely in reaching a determination of responsibility and inculpatory or exculpatory evidence, whether obtained from a party or other source, so that each party can meaningfully respond to the evidence prior to conclusion of the investigation. The investigator will send each party and each party’s advisor, if any, a copy of the evidence subject to review. The parties will have ten (10) workdays to submit a written response to the evidence and the option to submit additional evidence, which the investigator will consider prior to the completion of the investigative report. Neither the parties nor their advisors may disseminate any of the evidence subject to inspection and review or use such evidence for any purpose unrelated to the Title IX formal resolution process. Nevertheless, the College will not restrict the ability of either party to discuss the allegations under investigation or to gather and present relevant evidence.

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

(1) The name and gender of the complainant and, if different, the name and gender of the person reporting the allegation;
(2) The names and gender of all persons alleged to have committed the alleged violation;
(3) A statement of the allegation, a description of the incident(s), and the date(s) and time(s) (if known) of the alleged incident(s);
(4) The dates of the report and formal complaint were filed;
(5) The dates the parties were interviewed;
(6) The names and gender of all known witnesses to the alleged incident(s);
(7) The dates that any relevant documentary evidence (including cell phone and other records as appropriate) was obtained;
(8) Any written statements of the complainant or the alleged victim if different from the complainant; and
(9) The date on which the College deferred its investigation and disciplinary process because the complainant filed a law enforcement complaint and the date on which the College resumed its investigation and disciplinary process, if applicable.

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

W. Conduct of Live Hearing

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

2. No later than fifteen (15) workdays before the live hearing, each party must notify the Hearing Officer and the other party of the following:

a) the name and contact information of the advisor, if new, or notification that a party does not have an advisor available for the hearing, if applicable;

b) the names and contact information of witnesses that will be called at the live hearing and the purpose of their testimony at the live hearing;

c) whether a party intends to be subjected to cross-examination;

d) a description of documents or other evidence and the purpose of such evidence that will be used at the live hearing;

e) the specific remedy requested; and,

f) whether a party requests that the live hearing occurs with the parties located in separate rooms with technology that enables the Hearing Officer and the parties to see and hear the party or the witness answering questions simultaneously. Only one party is required to make the request for separate rooms.

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

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

5. Rules of the Live Hearing.

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

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

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

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

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

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

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

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

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

f) Pre-Hearing Determinations. No later than ten (10) workdays prior to the live hearing, the Hearing Officer shall decide (1) whether to exclude any of the proposed evidence or witnesses, and the basis upon which such evidence or witness is excluded; and (2) whether to allow opening statements and closing arguments and the time allotted for both.

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

(1) The College will require all parties, advisors, and witnesses to maintain appropriate decorum throughout the live hearing. Participants at the live hearing are expected to abide by the Hearing Officer’s directions and determinations, maintain civility, and avoid emotional outbursts and raised voices.

(2) Repeated violations (generally, more than two) of appropriate decorum will result in a break in the live hearing, the length of which shall be determined by the Hearing Officer. The Hearing Officer has the sole discretion to appoint a different advisor to conduct cross-examination on behalf of a party after repeated violations of appropriate decorum or other rules related to the conduct of the live hearing.

6. Role of the Advisor.

a) The role of the advisor at the live hearing is to conduct cross-examination on behalf of a party. The advisor is not to “represent” a party, but only to relay the party’s cross-examination questions that the party wishes to have asked of the other party and witnesses so that parties never personally question or confront each other during a live hearing. A party shall not conduct cross-examination on his or her behalf.

b) Each party may retain an attorney at his or her expense or designate a non-attorney advisor to accompany him or her at the live hearing. The advisor may provide advice and consultation to the parties or the parties’ witnesses outside of the conduct of the live hearing to assist parties in handling the formal resolution process.

c) A party’s advisor must conduct cross-examination at the live hearing directly, orally, and in real time. Only relevant cross-examination questions and follow-up questions, including those that challenge credibility, may be asked. Advisors may not raise objections or make statements or arguments during the live hearing.

d) The College shall appoint an advisor for the live hearing at no cost to a party when the party does not have an advisor. The appointed advisor may be but is not required to be a licensed attorney or anyone with formal legal training. Advisors may be faculty, staff, students, or volunteers from the local community.

7. Role of the Hearing Officer.

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

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

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

d) The Hearing Officer must consider all relevant evidence, including statements of a party or witness, even if such statement was not subjected to cross-examination at the live hearing. In determining the amount of weight the Hearing Officer will give to such a statement, the Hearing Officer should consider the reliability of the statement. Factors to consider include, but are not limited to, whether a party or witness commented on or challenged the statement prior to the live hearing, whether the statement is a rumor or something of which the party or witness does not have first-hand knowledge, and whether the person who made the statement has a motive or a conflict of interest that can be demonstrated through other evidence. The level of reliability will determine the amount of weight the Hearing Officer will give to the statement when reaching a determination regarding responsibility. Additionally, the Hearing Officer must not draw an inference about the determination regarding responsibility based solely on a party’s or witness’s absence from the live hearing or refusal to answer cross-examination or other questions.

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

(1) Identification of the allegations potentially constituting sexual harassment defined under this Policy;

(2) A description of the procedural steps taken from the receipt of the formal complaint through the determination, including any notifications to the parties, interviews with parties and witnesses, site visits, methods used to gather other evidence, and live hearings held. The description of the procedural steps also should include who performed the investigation and the process taken to inspect and review the evidence and disseminate the investigative report, including the adherence to mandated procedural timelines;

(3) Findings of fact supporting the determination;

(4) Conclusions regarding the application of this Policy to the facts;

(5) A statement of, and rationale for, the result as to each allegation, including a determination regarding responsibility, any range of disciplinary sanction(s) to be imposed on the respondent, and whether (not which) remedies designed to restore or preserve equal access to the College’s education program or activity will be provided to the complainant.

(6) When applicable, a statement that a notation will be placed on the academic transcript that the respondent was suspended or dismissed for a violation of the College’s Title IX Policy.

(7) When applicable, a statement that the respondent may request the expungement of the notation on the academic transcript for good cause shown and after a period of three years.

(8) The College’s procedures and permissible bases for the complainant and the respondent to appeal. If the complainant or respondent does not contest the finding or recommended sanction(s) and/or remedies and does not file an appeal within the required time frame, the written determination shall be final.

X. Actions Following the Written Determination

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

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

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

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

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

6. If the respondent is a third party, the Title IX Coordinator will forward the written determination to [vice president/police chief, or other college official]. Within ten (10) workdays, the [designated official] shall determine and impose appropriate sanction(s), as described below. The respondent and the Title IX Coordinator shall receive written notification of sanction(s) in the final decision, if any. The Title IX Coordinator may disclose to the complainant information as described above.

Y. Appeals

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

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

a) Procedural irregularity that affected the outcome of the matter;

b) New evidence that was not reasonably known or available at the time the determination regarding responsibility or dismissal was made, that could affect the outcome of the matter; and,

c) The Title IX Coordinator, investigator(s), or Hearing Officer had a conflict of interest or bias for or against complainants or respondents generally or the individual complainant or respondent that affected the outcome of the matter.

3. Within five (5) workdays of receipt of an appeal request, the Title IX Coordinator will notify the other party that an appeal has been filed and implement appeal procedures equally for both parties.

4. The Title IX Coordinator will compile the record, including the notice of allegations, evidence obtained, investigative report, live hearing recording, written determination, and final decision. The Title IX Coordinator shall forward the record with the appeal request to the Appeal Officer as soon as possible, but no later than ten (10) workdays of receipt of the appeal request.

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

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

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

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

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

10. At the conclusion of the appeal, the Title IX Officer shall facilitate the imposition of sanctions, if any, and the provision of remedies, if any.

Z. Informal Resolution Process

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

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

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

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

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

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

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

5. Any resolution of a formal complaint through the informal resolution process must address the concerns of the complainant and the responsibility of the College to address alleged violations of the Policy, while also respecting the due process rights of the respondent.

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

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

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

9. If the formal complaint is not resolved through the informal resolution process, the Title IX Coordinator shall resume the formal resolution process.

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

AA. Sanctions & Corrective Actions

1. The College will take reasonable steps to address any violations of this Policy and to restore or preserve equal access to the College’s education programs or activities. Sanctions for a finding of responsibility depend upon the nature and gravity of the misconduct, any record of prior discipline for similar violations, or both.

2. The range of potential sanctions and corrective actions that may be imposed against a student includes but is not limited to the following: required discrimination or harassment education, a requirement not to repeat or continue the discriminatory, harassing, or retaliatory conduct, verbal or written warning, a no-contact order, written or verbal apology, verbal or written warning, probation, suspension, and expulsion from the College.

3. Sanctions for faculty and staff shall be determined in accordance with the VCCS Policy Manual and the Department of Human Resource Management Standards of Conduct, respectively. Possible sanctions and corrective actions include required discrimination or harassment education, informal or formal counseling, reassignment, demotion, suspension, non-reappointment, and termination from employment.

4. Third parties, e.g., contractors, or patrons from the general public, will be prohibited from having access to the campus. Depending on the violation, this prohibition may be permanent or temporary.

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

6. Informal resolution process remedies include mandatory training, reflective writing assignment, counseling, written counseling memorandum by an employee’s supervisor, suspension, termination, or expulsion or other methods designed to restore or preserve equal access to the College’s education programs or activities.

BB. Academic Transcript Notations and Expungement

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

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

3. The College shall immediately remove the notation from the student’s academic transcript upon a subsequent finding that the student is not responsible an offense of sexual violence as defined by this Policy. Upon such a finding, the Title IX Coordinator (or designee) shall direct the registrar to remove the notation from the student’s academic transcript.
4. Notations on academic transcripts regarding suspensions and dismissals shall be placed on the student’s academic transcript after resolution of any timely appeal.
5. The College shall expunge the notation from the academic transcript of any student for good cause shown and after a period of three (3) years.

a) Persons seeking to expunge the notation on an academic transcript shall submit a written request for expungement to the [College’s designated official] no sooner than three years after the date the College placed the notation on the academic transcript.
b) The request for expungement must contain sufficient information to support a finding of good cause. For expungement purposes, good cause.

(1) the act of sexual violence did not involve serious bodily injury, the use of force, or threat, and the former respondent demonstrates remorse and/or rehabilitation;
(2) the former respondent committed the Policy violation while under the age of 18 and the former respondent demonstrates remorse and/or rehabilitation; and,
(3) any other reason that, in interest of justice, the notation should be expunged.

c) The [designated official] shall issue a written decision and the rationale for such decision within ten (10) workdays of receipt the request.
d) If the request for expungement is denied, the former respondent may submit another request for expungement no sooner than three (3) years after the denial of the request. This decision is final.

CC. Training and Training Materials

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

a) The definition of sexual harassment;
b) The scope of the College’s education programs or activities;
c) How to conduct an investigation and grievance process, including live hearings, appeals, and informal resolution processes, and how to serve impartially, including by avoiding prejudgment of the facts at issue, conflicts of interest, and bias;
d) The definition of relevance;
e) Investigative report writing; and,
f) Technology that may be used at live hearings.

2. College-appointed advisors receive training on the definitions of sexual harassment, consent, preponderance of the evidence, and relevance.
3. Training materials must not rely on sex stereotypes and will promote impartial investigations and adjudications of formal complaints of sexual harassment.
4. All training materials must be available on the College’s website.

DD. Record Keeping

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

a) The complete file for each sexual harassment investigation and formal resolution process, including

(1) any determination regarding responsibility;
(2) any audio or audiovisual recording or transcript of the live hearing;
(3) any disciplinary sanctions imposed on the respondent; and,
(4) any remedies provided to the complainant;

b) Records of any appeal and its result;

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

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

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

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

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

EE. Use of Template

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

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; Revised September 27, 2018; Revised August 11, 2020; Approved September 17, 2020. Revised September 23, 2021.

Required New Student Orientation

Germanna Community College Policy 80340

Purpose

1.1 Effective Fall 2014, new Germanna Community College students are required to complete an Orientation session before registering for classes.

Policy

2.1 Orientation sessions are designed to introduce students to the College, provide essential information on programs and course selection, and present available support services necessary for student success. Students may complete Orientation in person or online.

2.2 Exceptions to the policy:

• Dual Enrollment students are not required to complete Orientation until after they complete their secondary program.
• Students who intend to enroll for 15 credits or less are not required to complete Orientation.
• Students who have already completed an Associate Degree or Bachelor’s degree are not required to complete Orientation.
• Transfer students who can demonstrate that they transferred in academic good standing from their previous institution are not required to complete Orientation.

Procedure

Definitions

References

Point of Contact

6.1 Students may contact Germanna’s Welcome Centers regarding exemptions to this policy.

Approval and Revision Dates

• Curriculum Committee: n/a
• College Council: November 22, 2013
• President’s Council: December 16, 2013
• College Board: January 16, 2014 first reading; March 20, 2014 approval

On-Time Registration

Germanna Community College On Time Registration Policy 60210 (Instructional Services)

Purpose:

The purpose of this policy is to specify that students may not register for a course section after posted deadlines. The College Calendar specifies registration dates and deadlines for all courses offered for credit. On-time registration is a well-researched practice that demonstrates students are more likely to complete a course successfully when they register early or at least on time.

Policy:

Students may not register for a course section after posted deadlines. Late registration for a course section outside the specified registration dates may be considered only under exceptional circumstances such as the following:

• Incorrect placement in a course
• Recommendation by instructor or dean
• Emergency change in the College Schedule of Classes

Procedures:

The College Calendar publishes registration dates and deadlines for registration at least one academic year in advance. Students are advised of those registration dates and deadlines through multiple sources, including the college web site, Admissions and Records, information sessions, required orientation sessions for new students, required Student Development Classes in the first semester, the Welcome Center, faculty advisors, success coaches, financial aid advisors, and counseling staff. Students are encouraged to register early and are required to register by posted deadlines. Requests for exceptions to this policy may be directed to a dean or designee.

Definitions:

To register for a course section means to enroll formally as a student to receive instruction for college credit.

References:

n/a

Point of Contact:

Vice President for Academic Affairs and Workforce Development

Approval and Revision Dates:

• College Council: November 21, 2104
• President’s Council: December 15, 2014
• College Board: January 15, 2015

Service Animals

Germanna Community College Service Animals Policy 80220

Purpose

1.1 Background

Germanna Community College is committed to compliance with the Americans with Disabilities Act of 1990 and Section 504 or the Rehabilitation Act of 1973 as amended. In addition, Germanna strives to comply with the Virginians with Disabilities Act and other state laws pertaining to individuals with disabilities. In accordance with these state and federal laws, service animals are permitted in all of the college’s facilities.

The Americans with Disabilities Act 2010 Revised Requirements defines a service animal as “a dog that is individually trained to do work or perform tasks for a person with a disability”. Examples of such work or tasks include guiding people who are blind, alerting people who are deaf, pulling a wheelchair, alerting and protecting a person who is having a seizure, reminding a person with mental illness to take prescribed medications, calming a person with Post Traumatic Stress Disorder (PTSD) during an anxiety attack, or performing other duties.

If an animal meets this definition, it is considered a service animal regardless of whether it has been licensed or certified by a state or local government or training program.

Virginia state law 51.5-44 part E states, “Every totally or partially blind person shall have the right to be accompanied by a dog, in harness, trained as a guide dog, every deaf or hearing-impaired person shall have the right to be accompanied by a dog trained as a hearing dog on a blaze orange leash, and every mobility-impaired person shall have the right to be accompanied by a dog, in a harness or backpack, trained as a service dog in any of the places listed in subsection B without being required to pay an extra charge for the dog; provided that he shall be liable for any damage done to the premises or facilities by such dog. The provisions of this section shall apply to persons accompanied by a dog that is in training, at least six months of age, and is (i) in harness, provided such person is an experienced trainer of guide dogs; (ii) on a blaze orange leash, provided such person is an experienced trainer of hearing dogs; (iii) in a harness or backpack, provided such person is an experienced trainer of service dogs; or (iv) wearing a jacket identifying the recognized guide, hearing or service dog organization, provided such person is an experienced trainer of the organization identified on the jacket.”

Policy

2.1 Policy

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 (with appropriate exceptions listed below).

Procedures

3.1 Types of Service Animals/ Service Dogs

Service Animal - A dog individually trained to do work or perform tasks for the benefit of a person with a disability. Other animals specifically trained to perform similar tasks may be approved on a case by case basis.

Guide Dog - a carefully trained dog that serves as a travel tool for persons with severe visual impairments or who are blind.

Hearing Dog - a dog who has been trained to alert a person with significant hearing loss or who is deaf when a sound, e.g., knock on the door, occurs.

Service Dog - a dog that has been trained to assist a person with a mobility or health impairment. Types of duties the dog may perform include carrying, fetching, opening doors, ringing doorbells, activating elevator buttons, steadying a person while walking, helping a person up after a person falls, etc.. Service dogs are sometimes called assistance dogs.

Sig Dog - a dog that is trained to assist a person with autism. The dog alerts the partner to distracting repetitive movements common among those with autism, allowing the person to stop the movement (e.g., hand flapping). A person with autism may have problems with sensory input and need the same support services from a dog that a dog might give to a person who is blind or deaf.

Seizure Response Dog - a dog trained to assist a person with a seizure disorder; how the dog serves the person depends on the person’s needs. The dog may stand guard over the person during a seizure, or the dog may go for help. A few dogs have somehow learned to predict a seizure and warn the person in advance.

Therapy or Companion Animal - an animal with a good temperament and disposition, that has reliable and predictable behavior. These animals are selected to visit or serve as companions for people with non-physical/non-sensory disabilities, emotional impairments, or people who are experiencing the frailties of aging. Often such animals are utilized as part of formalized animal therapy programs. Therapy animals generally do not demonstrably assist persons with disabilities in the activities of daily living, or directly with the major life activities as defined by law. The therapy animal does not provide fundamental assistance all or most of the time (as for example, a guide dog for the blind typically does). Emotional dependency on companion animals, pets, or therapy animals does not generally rise to the standard of service animals as defined in the ADA. Such animals are thus generally not considered service animals for the purposes of the College’s regulation and are not permitted on GCC premises.

Exceptions are possible when the individual requesting the assistance of a therapy animal provides appropriate documentation to the College from a qualified diagnostician or medical professional that demonstrates the animal ameliorates a condition that qualifies as a disability.

3.2 Emotional Support Animal

Emotional Support Animal:  An animal with a good temperament and disposition that has reliable and predictable behavior. These animals are selected to visit or serve as companions for people with non-physical/non-sensory disabilities, emotional impairments, or people who are experiencing the frailties of aging. Often such animals are utilized as part of formalized animal therapy plans. Emotional Support Animals generally do not assist persons with disabilities  in the activities of daily living or directly with the major life activities as defined by law. The therapy animal does not provide fundamental assistance  all or most of the time (as for example, a guide dog for the blind typically does). Emotional dependency on companion animals, pets, or therapy animals does not generally rise to the standard of service animals as defined in the ADA. According to the Americans with Disabilities Act (ADA), animals whose sole function is to provide emotional support, comfort, companionship, therapeutic benefits, or to promote emotional well-being are not service animals. Emotional Support Animals are not permitted inside Germanna Community College buildings and facilities except where the animal has been approved as a reasonable accommodation for a disability in accord with standard procedures for requesting such accommodations. Germanna Community College recognizes that Emotional Support Animals may be used as part of a treatment plan for individuals with disabilities.

3.3 Registration of Service Animals Utilized for Ongoing Access or Accommodation

Any student or member of the public wishing to use a service animal to provide ongoing accommodation or access to College facilities, programs or activities must register the animal with the Office of Disability Services at the appropriate campus. The registration procedure includes:

• Providing sufficient evidence verifying the animal meets the definition of a service animal.

• Providing evidence that the service animal has satisfactory health.

• Developing a plan for maintenance of the animal while on GCC property, including toiletry and disposal. Students may not assume that College personnel are responsible for this service.

3.4 Requirements for Faculty, Staff, and Students

• Allow a service animal to accompany the partner at all times and everywhere on campus except where service animals are specifically prohibited.

• Do not pet a service animal; petting a service animal when the animal is working distracts the animal from the task at hand.

• Do not feed a service animal. The service animal may have specific dietary requirements.

• Do not deliberately startle a service animal

• Do not separate or attempt to separate a partner/handler from his/her service animal.

3.5 When a Service Animal Can be Asked to Leave

Service animals under state and federal law are permitted in College facilities except under limited circumstances. Service animals may be excluded from College facilities under certain circumstances when necessary to protect legitimate College interests. These circumstances may include:

• Interfering with the work of another service animal

• Causing a “fundamental alteration” of curricula, services, activities or programs due to the presence of an animal

• The animal or handler failing to maintain appropriate behavioral standards

• Maintaining and protecting the rights of others under the ADA/504

• Protecting College property

• When the presence of the animal poses a ‘direct threat” to the health and safety of the public, employees, and students

3.6 Requirements of Service Animals and Their Partners/Handlers

The service animal should wear a harness, cape, identification tag or other gear that readily identifies its working status.

• Vaccination - The animal must be immunized against diseases common to that type of animal

• Licensing - Virginia law (3.1-796.85) states that all dogs four months or older must be licensed

• Under Control of Partner/Handler - The partner/handler must be in full control of the service animal at all times. The care and supervision of service animals is solely the responsibility of the partner/handler.

• The animal must be on a leash or controlled by a harness at all times

• Clean up and Maintenance - Always carry equipment sufficient to clean up the animal’s feces. If the partner/handler is unable to physically clean up after their service animal, a plan must be developed to ensure the proper disposal of the animal’s waste.

Point of Contact

Win Stevens
Counselor/Coordinator of Disability Services
(540)891-3019

Approval and Revision Dates

Approved by Leadership Council January 31, 2020

Student Activities, Requirements for

Germanna Community College Requirements for Student Activities Policy 80390 (Student Services)

Purpose:

Germanna Community College encourages the development of a student activities program designed to promote educational and cultural experiences. Through participation in clubs and organizations, or other planned activities, students develop a wide range of abilities, including intellectual, communication, athletic, and leadership skills. Students develop self-confidence, interpersonal skills, and an appreciation for other cultures and lifestyles. Finally, students develop a sense of integrity, purpose, and social responsibility that empowers them to be productive within and beyond the college community.

Policy:

The College shall recognize and encourage honorary, scholastic, service organizations, and sports clubs that do not restrict membership based on race, color, gender, age, religion, disability, national origin, sexual orientation or other non-merit factors. Private clubs, private associations, social fraternities, and social sororities shall not be recognized by the College.

Procedures:

• The student activities shall be under the College’s supervision.
• There shall be a faculty or staff sponsor for each student club or organization.
• All student activity funds shall be deposited with and expended through the college business office, subject to all policies, procedures, and regulations pertaining to such funds.
• All student activity programs and recognized organizations must comply with the College’s nondiscrimination policy, except as follows: Any recognized religious or political student organization shall be authorized to limit certain activities only to members who are committed to furthering the mission of such organization. Such activities include ordering the organization’s internal affairs, selecting the organization’s leaders and members, defining the organization’s doctrines, and resolving the organization’s disputes.

Definitions:

Student activities are out-of-classroom activities that support the mission of the colleges and provide students avenues for personal growth and enrichment.

References:

VCCS Policy Manual Number 6.4.5, Requirements for Student Activities.
 

Point of Contact:

Dean of Student Development

Approval and Revision Dates:

• College Council - October 31, 2014
• President’s Council - December 15, 2014
• College Board - January 15, 2015

Student Development Course Requirement

Germanna Community College Student Development Course Requirement Policy 80350

Purpose

1.1 Effective fall 2014, all curricular students, except those in a career studies certificate program, must take a student development course in their first semester of enrollment at Germanna Community College.

Policy

2.2 Exceptions to the policy

• Students enrolled in career studies certificate programs that do not require an SDV course.

• Non-curricular students - transient, non-degree, etc.

• Transfer students who have completed a minimum of 24 credit hours and who gain advanced standing through the SDV Assessment by Local Examination (ABLE) test.

• Students who already have an Associate Degree or higher from a regionally accredited institution.

• Dual enrollment, joint enrollment, and home schooled students who have not already completed the Student Development Skills requirement prior to completing secondary school. These students must take a student development course in their first post-secondary semester of enrollment.

Point of Contact

Vice President of Academic Affairs and Student Services

Approval and Revisions Dates

• Curriculum Committee: December 7, 2012
• College Council: November 22, 2013
• President’s Council: December 16, 2013
• College Board: January 1, 2014 first reading; March 20, 2014 approval

Student Services

Policy 80420: Student Discrimination Grievance

Purpose:

This policy provides an equitable and orderly process to resolve complaints made by students for improper treatment based on unlawful discrimination. This policy does not apply to complaints or appeals regarding tuition refunds, academic grades, sexual misconduct, or student conduct which are handled under separate policies and procedures.

Policy :

Germanna Community College does not discriminate on the basis of race, color, national origin, sex, age, (except when age is a bona fide occupational qualification), religion, marital status, political affiliation, sexual orientation, or other non-merit factors, or disability in its education programs, recruitment efforts, employment opportunities, programs or activities.

2.1. Germanna Community College shall provide a reasonable, prompt, orderly, and fairly administered resolution of complaints by an active student, credit or non-credit, for alleged discriminatory treatment by Germanna employees, or employees under contract to Germanna Community College.

2.2 A reasonable effort shall be made by the College to guide and support students through the complaint procedure to facilitate early and effective resolutions. The procedures herein described shall be conducted on a confidential basis.

2.3 Any student raising a complaint shall be treated with respect and shall receive a response as delineated in the following procedure. Retaliation against anyone involved in a complaint process, including the complainant, witnesses, or institutional representatives, is strictly prohibited. Any person found to have retaliated against anyone involved in a complaint is subject to disciplinary action.

2.4 The College will maintain a record of all formal student complaints against the institution.

2.5 The Dean of Student Development shall be responsible for developing and maintaining procedures that are consistent with this policy. All supervisors or administrators have a duty to act in accordance to this policy and shall ensure that the faculty, students, and staff, including visitors and contractors in their areas of responsibility, are aware of and in full compliance with this policy. The Dean of Student Development may appoint a designee to carry out all responsibilities detailed in this policy. The Dean of Student Development may be contacted as follows: Pam Frederick, pfrederick@germanna.edu or by phone at (540)423-9125.

Procedure

3.1 The following procedures shall be followed by active students for a fair and equitable process to present an issue of discriminatory treatment by Germanna employees or contractor employees. A complaint may be resolved through either an informal or a formal process.

3.2 The College may investigate any incident of possible discrimination upon being placed on notice that a discriminatory act might have occurred, even if a formal complaint is not filed. Further, verbal notice of possible discriminatory conduct from a student will trigger an investigation. The College will request that the student complete the formal complaint form to ensure accurate record keeping. The College may conduct an investigation when a student elects the informal complaint process depending on the seriousness of the allegations.

Definitions

4.1 Students are encouraged to make reasonable efforts to have their concerns addressed informally if they feel comfortable doing so. Students should notify the Dean of Student Development that they wish to resolve the matter informally. The Dean of Student Development along with two members of the Germanna Affirmative Action Committee shall mediate the matter and document the resolution of the process. Documentation shall include the complaint made and the resolution of the complaint.

4.2 The complainant must initiate the informal phase of the student complaint process within twenty (20) business days from when the complainant knew or should have known of the action or inaction.

4.2.1 If the problem is resolved to the satisfaction of the complainant, the matter is closed. If the problem is not resolved to the satisfaction of the complainant, the student may elect to move to the formal process.

4.2.2 While the complainant is encouraged to resolve the issue(s) in question through the informal process, he/she may elect to move to the formal process at any time after starting the informal process. The time frame for filing the informal complaint may be extended for good cause to be determined by the Dean of Student Development.

4.3 Formal Student Complaint Process

4.3.1 If the complainant does not wish to attempt a resolution of the complaint through the informal process, or, in the event the student believes the informal process has been unsuccessful, the complainant may use the formal complaint process. At each step of the formal process, the respondent(s) shall be advised by the Dean of Student Development of the details of the complaint, have a full and fair opportunity to prepare and present his or her position, and to offer evidence and witness testimony.

4.3.2 Complainants enrolled in non-credit courses through the college’s Center for Workforce and Community Education shall have the same rights and be entitled to the same processes as complainants enrolled in credit courses.

4.3.3 A student with a complaint should complete the Formal Student Complaint Form (Appendix A) within thirty (30) business days of the action or inaction or within ten (10) business days of the conclusion or termination of the informal process, whichever is sooner. The formal complaint must be filed with the Dean of Student Development.

4.3.4 The time frame for filing the formal complaint may be extended for good cause to be determined by the Dean of Student Development.

4.3.5 The formal complaint must include:

• Complainant’s name and Germanna identification number;

• Complainant’s contact information;

• Respondents’ name and contact information (if known);

• Date of the complaint;

• Date of the contested action, inaction, decision, or situation;

• Description of the allegedly discriminatory event;

• Description of what, if any, other steps have been taken by the complainant to attempt to address the complaint; and

• Supporting documentation and/or any other information the student would like to be considered (including the identities of witnesses concerning any facts in the alleged violation).

4.4 Resolution of Formal Complaint

4.4.1 The Dean of Student Development shall meet with the complainant within fifteen (15) business days following receipt of the formal complaint to attempt to achieve resolution of the issue and to obtain any additional information necessary to achieve such resolution.

4.4.2 The Dean of Student Development shall conduct an investigation of the issues raised by the complainant. The process may include gathering evidence from college/contractor employees or other students and statements of the witnesses and ordinarily should be completed within thirty (30) business days of the Dean of Student Development’s meeting with the complainant. Witnesses shall complete the Witness Statement Form (Appendix B). The Dean of Student Development may extend the time frame to complete the investigation for good cause. If the time frame is extended, all parties will be notified of the extension and an estimate of when the investigation will be completed. The complainant and the respondent shall receive notice that the investigation has concluded.

4.4.3 The Dean of Student Development may determine that the formal complaint is without merit and conclude the investigation after consulting with two representatives from Germanna’s Affirmative Action Committee if the complaint involves students only or with Germanna’s EEO officer if the complaint is against a college employee. Additionally, the Dean of Student Development may determine that the facts as alleged are true, but do not constitute a violation of the college’s policies or procedures.

4.4.4 The Dean of Student Development shall provide the complainant and the respondent with a draft of the findings from the investigation. The parties shall have ten (10) days to provide additional information or to clarify information (review period). The Dean of Student Development shall provide the complainant and the respondent with a final written response of the determination of findings and resolution within fifteen (15) business days after the review period.

4.4.5 In the event that the investigation reveals conduct on the part of any party that may be considered misconduct not based on discrimination, the Dean of Student Development shall refer the matter and provide a copy of the complaint record to the appropriate authority for a misconduct investigation.

4.5 Appeal Process

4.5.1 Any outcome from the formal complaint process by the Dean of Student Development with which the complainant or respondent disagrees, either because of a belief that the process was not followed or a belief that errors were made in the process, may be appealed in writing by the complainant or respondent to the Vice President for Academic and Student Affairs or designee. Any such appeal must be submitted using the Formal Student Complaint Appeal Form (Appendix C) within ten (10) business days of the complainant’s/respondent’s receipt of the written response.

4.5.2 The appeal must identify one of the following grounds as its basis:

4.5.2.1 A claim that the investigation was not conducted in conformity with the prescribed procedures.

4.5.2.2 A claim that the decision reached by the Dean of Student Development was not supported by substantial evidence.

4.5.2.3 A claim that new evidence sufficient to alter a decision, but unknown at the time of the investigation, should be considered. The appeal should explain why the evidence was unavailable previously and why such evidence may substantially impact the findings or resolution.

4.5.3 The Vice President for Student Services and Equity Advancement shall review the record of the complaint, the response, and any new evidence, if applicable, and affirm, deny, modify, or recommend reconsideration of the matter within ten (10) business days of the receipt of appeal. The review may or may not involve interviews of individuals involved in the complaint process at the discretion of the Vice President.

4.5.4 The VVice President for Student Services and Equity Advancement return the response to the Dean of Student Development and direct remedial actions that can be taken to effectively and fairly correct any procedural errors that he or she concludes have been made in prior phases of the formal grievance process.

4.5.5 The Vice President for Student Services and Equity Advancement shall dismiss the appeal in the event that any of the following circumstances exists:

• The appeal does not identify a legitimate basis as delineated above.
• The appeal does not set forth written policies or procedures to which the complainant was entitled but were not afforded during the prior phases of the process.

4.5.6 The Vice President for Student Services and Equity Advancements’ determination shall be based on a review of whether a reasonable inquiry was made concerning the alleged action or inaction about which the student complained and whether the findings were appropriate based on the facts determined in the investigation and the goals of this procedure.

4.5.7 Should more time be needed to render a decision, the complainant and respondent shall be notified in writing of the delay and expected completion date of the review, which shall not to exceed twenty (20) business days from the time of the appeal.

4.5.8 The complainant, respondent, and Dean of Student Development, shall receive a written explanation of Vice President’s decision on the appeal. The Vice President’s decision is final.

4.6 Student Complaint Records

4.6.1 The Dean of Student Development will maintain a record of all complaints, appeals, and outcomes in a secure location. Electronic retention of these records is encouraged. These files shall be maintained by the Dean of Student Development for a period of three (3) years from the date of the final outcome.

4.7 Retaliation

4.7.1 If a student or institutional representative believes that he/she has been subjected to adverse treatment because of filing or participating in a complaint, the Dean of Student Development shall be notified immediately.

4.7.2 The Dean of Student Development shall investigate the alleged retaliation and meet with all involved parties and attempt a resolution to the situation.

4.7.3 If the person claiming retaliation is dissatisfied with a resolution issued by the Dean of Student Development, he/she may appeal to the Vice President for Student Services and Equity Advancement. The Vice President’s decision is final.

4.8 External Agencies

4.8.1 This procedure is not intended to impede any student’s right to file a timely complaint with an appropriate external state or federal agency.

4.8.2 Students may seek resolution through the Office for Civil Rights of the United States Department of Education (“OCR”). A complaint filed with OCR must be filed within 180 calendar days of the alleged discrimination. Or, if the college complaint procedure was utilized by the student, the OCR complaint must be filed within 60 calendar days from the date of the final decision, unless the time for filing is extended by the OCR for good cause shown. Information on how to proceed may be accessed on OCR’s website at: http://www2.ed.gov/about/offices/list/ocr/index.html.

4.9 Sanctions

4.9.1 Sanctions that may be imposed under this policy include:
Students: Admonition, disciplinary probation, suspension or dismissal
Employees: Suspension or dismissal

Definitions

5.1 Active Student: individuals are considered “active students” for two (2) years after their initial admission or readmission to the College or most recent enrollment, including in a non-credit course, whichever is later.

5.2 Complainant: an individual who is an active student with the college who has a complaint against the college as a result of the action or inaction of a college employee or student.

5.3 Complaint: an unwritten or written claim raised by a student alleging discriminatory action by an employee or a student involving the application of a college rule/regulation or a board policy or procedure (Virginia Community College System Policy Manual section 6.5.0.1). The complainant must be personally affected by the alleged violation and unlawful action.

5.4 Discrimination/Discriminatory Action: the unlawful treatment of another based on a non-merit factor that excludes an individual from participation in, denies the individual the benefits of, or otherwise adversely affects a term or condition of an individual’s education or participation in college program or activity. Harassment is a form of discrimination. Harassment is created by conduct so severe, pervasive, and objectively offensive that it undermines and detracts from an employee’s work performance or a student’s educational experience.

5.4 Formal Complaint: the written stage of the student complaint process.

5.5 Informal Complaint: the unwritten stage of the student complaint process.

5.6 Respondent: Germanna employee, or employee of a firm under contract to Germanna Community College identified by the complainant as causing or contributing to the complaint.

Point of Contact

Dean of Student Development

Approval and Revisions Dates

• College Council: September 25, 2015
• President’s Council: October 19, 2015; Revision January 19, 2016
• College Board:

Weapons Policy

Germanna Community College Weapons Policy 70220 (Safety and Security)

Purpose:

The purpose of this policy is to promote a safe learning and working environment for all college locations by minimizing the risk of violence by use of a weapon. This policy provides rules and procedures for the possession of weapons on campus grounds, in campus buildings, and at campus events. It is consistent with the Regulation of Weapons (Appendix A) adopted by the State Board for Community Colleges, Policy 3.14.6, Workplace Violence Prevention and Threat Assessment Policy Guidelines of the Virginia Community College System, and the laws and regulations of the Commonwealth of Virginia.

1.2 Application: This policy applies to all faculty, staff, students, contractors, and visitors entering campus buildings or attending college-sponsored events.

1.3 Authority: The State Board for Community Colleges is authorized by Virginia Code §§ 23-215 and 23-217(g) to promulgate regulations for carrying out its responsibilities. State Board for Community Colleges Regulation 8VAC95-10-10 et seq. (Appendix A) sets out prohibitions for weapons possession on all college campuses within the VCCS. College boards may approve policies consistent with guidelines set by the State Board for Community Colleges.

1.4 Definitions:

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

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

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

Students and employees may possess and use appropriate tools, such as saws, knives or other such implements, necessary for the performance of their job duties. Contractors and others on campus whose duties require possession and use of construction equipment, including but not limited to pneumatic nail guns, may possess and use such equipment only in performance of their job duties through a valid contractual or legal relationship with the College.

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

Policy

2.1. Possession or carrying of any weapon by any person, except a police officer, is prohibited on college property in academic buildings, administrative office buildings, student centers, child care centers, dining facilities and places of like kind where people congregate, or while attending any college-sponsored sporting, entertainment or educational events. Entry

upon the aforementioned college property in violation of this prohibition is expressly forbidden.

2.2. Faculty, staff, and students may not possess or carry any weapon anywhere on college property except as outlined in Section F of this policy.

Exceptions

3.1. Current sworn and certified local, state, and federal law enforcement officers with proper identification, may possess or carry a weapon on college property, inside all campus buildings, and at all campus events.

3.2. Faculty, staff, and students may secure handguns, rifles, and shotguns in a compartment or container of parked vehicles. Faculty, staff, and students who wish to secure a weapon in their vehicle must possess a valid concealed weapons permit. The compartment or container may be a trunk, glove compartment or other secured storage area in the vehicle. At no time shall a weapon to include handguns, rifles and shotguns be loaded or visible in plain view while inside a vehicle. Furthermore, at no time shall faculty, staff and students possess the weapon (except while in their vehicle) while on college property.

3.3. Visitors and contractors may secure weapons to include handguns, rifles, and shotguns in parked vehicles. Visitors and contractors are encouraged to secure weapons in the trunk of vehicles or otherwise out of sight of passersby. If visitors and contractors store weapons to include handguns, rifles and shotguns in a parked vehicle, the weapon must be secured in a compartment or container inside the vehicle. Furthermore, at no time shall contractors possess the weapon (except while in their vehicle) while on college property.

3.4. The Germanna Community College Chief of Police or designee may authorize in writing a person to possess, store, or use a weapon: (i) when used for educational or artistic instruction, display, parade, or ceremony sponsored or approved by the college (unloaded or disabled only and with other specified safeguards, if appropriate); or (ii) for any college-approved training, course, or class. Because of the seriousness of the request to bring a weapon the following will be required for authorization. Thirty days prior to the date requested, a written request must be received by the Chief of Police. The written request must have been already approved by the requestor’s Dean/ Program Head or as appropriate Department Head/Vice President or will result in an automatic denial. Each request will be considered in totality of other on-going events and circumstances for the specific request. As such, each request must contain the date and times, reason, location, audience, handler of weapon and type of weapon. Any deviation, to include any change in date, time, reason, location, audience, handler of weapon or type of weapon will require a new submission and approval through the aforementioned procedure.

Procedures

4.1. If college police and/or security observe or receive a report of a violation of this policy, the college police and/or security will direct the individual to leave the campus building or event immediately. (This includes requiring faculty, staff and students possessing a firearm in open areas to comply.)The individual, including faculty, staff, and students, may secure the weapon inside his or her vehicle and return. In the event the individual fails to comply, college police will take appropriate action, to include potential arrest or internal disciplinary referral.

4.2. In cases involving an immediate threat of violence, members of the campus community are encouraged to immediately call the college police at 322911 from any college phone or 540-727-2911 from any cellular phone. College police may make an arrest or take other action as appropriate.

4.3. Persons observed on the open grounds of campus (streets, sidewalks, and other open areas on college property) may be asked by the college police and/or security to identify his or her relationship with the college to confirm whether a violation of this policy has occurred, (i.e., determine whether the individual is a student, employee, or visitor). If the individual is a visitor who intends to enter a campus building or event where weapons are prohibited, college police and/or security shall advise that, pursuant to regulation (Appendix A), it is unlawful to enter such places while possessing or carrying a weapon. The individual shall be advised to secure the weapon inside his or her vehicle prior to entering the building or event. Faculty, staff and students shall be advised of same prohibitions and shall be advised to secure the weapon inside his or her vehicle prior to entering the building or event or anytime while on College Property.

Violation of Policy

5.1. Students who violate this policy will be subject to disciplinary action under the student conduct code up to and including, dismissal.

5.2. Employees who violate this policy will be subject to disciplinary action up to and including termination, using existing policies and procedures including Section 3 of the VCCS Policy Manual or DHRM Policy 1.60, Standards of Conduct.

5.3. Pursuant to the Regulation of Weapons (Appendix A), visitors and contractors in violation of the prohibitions on the possession of weapons are subject to arrest and may be barred from the College.

Approval and Revision Dates

Approved by Student Government Association (SGA) on February 11, 2013
Approved by College Council on February 22, 2013
Approved by President’s Council on March 18, 2013
Approved by College Board on March 21, 2013

State Board For Community Colleges Weapons Regulations

Chapter 10 - Regulation Of Weapons

8VAC95-10-10. Definitions.

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

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

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

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

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

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

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

8VAC95-10-30. Exceptions to prohibition.

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

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

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

Policy 80470: Administrative Withdraw due to Non-Attendance or Non-Participation

Purpose

This policy establishes a clearly defined process and procedure for administratively withdrawing a student for non-attendance or non-participation in an online course after initial attendance. This process does not apply to students being removed from a course due to initial non-attendance.

2. Policy

2.1. Germanna Community College recognizes the importance of attendance and participation in the success of its students. For this reason, faculty identify specific class attendance policies and other requirements of the class in the syllabi, which is distributed at the beginning of each term. Regular classroom attendance, or regular participation in the case of a nontraditional course format, is generally part of these requirements.

2.2. If a student is going to be absent, it is their responsibility to inform the instructor prior to the absence occurring whenever possible. Students are also responsible for making up all coursework missed during the absence.

2.3. In the event of unexplained absences, or a violation of the instructor’s attendance policy, after initial attendance by the student, the instructor may withdraw a student administratively, resulting in a grade of W for the course.

2.4. The administrative drop is only to be used after census date, and the student will be assigned a W. If a student does not initially attend, this should be reported directly to the Roster, who will administratively delete the student from the course with no letter grade. If a student does initially attend, but has multiple absences after this, this will be reported to the Registrar.

2.5. The student’s class load will also be reduced by the course credits, which may affect the student’s full-time or part-time status. Tuition will not be refunded.

2.6. Students who are withdrawn from a course by the instructor for non-attendance cannot be reinstated unless instructor error is determined.

Procedure

3.1 Students who have initially attended their course, but have since had multiple unexplained absences or violated the professor’s attendance policy outlined in the syllabi may be administratively withdrawn by the instructor after census date.

3.2 In order to do this, the instructor must submit a completed Administrative Withdraw due to Non-Attendance Form to Admissions and Records for processing.

3.3 The student will be withdraw from the course, and notified by the Admissions and Records Office.

3.4 The student will not be eligible for a tuition exception.

Point of Contact

College Registrar

Approval and Revision Dates

Leadership Council: February 23, 2018
College Board: March 15, 2018

Policy 80480: Request to Audit Course

Purpose

This policy establishes a clearly defined process and procedure for students who wish to audit a course at Germanna Community College.

Policy

2.1 In accordance with VCCS policy 5.6.0., students requesting to audit a course must have the approval of the division dean or another appropriate academic administrator.

2.2 Audited courses do not bear any credit, and do not apply toward the student’s program of study. If a student desires to earn credit for a previously audited course, they must re-enroll, and pay regular tuition for the course.

2.3 As outlined in VCCS policy 5.6.0, students wanting to go from credit to audit or audit to credit for a course must do so by the last date to drop the class with a refund.

2.4 Advanced standing credit should not be awarded for a previously audited course.

2.5 Financial aid cannot be applied towards an audited course. Students utilizing financial aid are strongly encouraged to consult the financial aid office prior to changing from credit to audit, as this change may impact their financial aid award.

2.6 If a student who is auditing a course becomes disruptive to the learning process of other students, the instructor does reserve the right to ask the student to leave.

Procedure

3.1 To audit a course, the student should first register for the course through their student center.

3.2 The student will then complete an Auditing a Class form, and have acquire the signature of an academic dean or another appropriate academic administrator per VCCS policy 5.6.0.

3.3 The form will then be returned to the Welcome Center no later than the last date to drop the class being requested for audit for a refund.

3.4 The Welcome Center will process the student’s request to audit the course, and assign a “grade” of X.

Point of Contact

Registrar

Approval and Revision Dates

Leadership Council: February 23, 2018
College Board: March 15, 2018

Policy 80490: Request for an Exception to Academic Policy

Purpose

This policy shall establish a process and procedure by which Germanna Community College can document instances where an exception to academic policy is necessary.

Policy

2.1 In instances of acceptable mitigating circumstances, or error on the part of Germanna administrators, faculty, or staff, exceptions to academic policies.

2.2 Academic policy is defined as those policies listed in the Germanna Academic Catalog and Student Handbook.

2.3 Mitigating circumstances are those considered to be beyond the student’s control, and cannot include pre-existing conditions.

2.4 All mitigating circumstances and errors by Germanna personnel must be documented officially (i.e. a letter from the student’s doctor on official letterhead, documented acknowledgment by the responsible personnel about the error made, etc.).

2.5 The exception to policy cannot be used to override state or federal policies or regulations.

2.6 Any exception to policy must be approved by the Vice President of Academics and Workforce.

Procedure

3.1 An exception to academic policy may be requested by the student, or on behalf of the student, and must be submitted to the appropriate academic dean for review.

3.2 Once the appropriate academic dean has signed the form with their recommendation, the form will then go to the Vice-President of Academics and Workforce Development for evaluation.

3.3 The Vice-President of Academics and Workforce Development will make a final determination, and provide the form to the Enrollment Services department with specific instructions for processing.

3.4 The Office of Enrollment Services will notify the student of the outcome of the request for an exception via their VCCS student email account.

Point of Contact

Vice President of Academics and Workforce Development

Approval

Leadership Council: February 23, 2018
College Board: March 15, 2018