Section Section 6 - Student Development Services
Title Appendix 1 to Section 6.0
Section 6 Appendix
First Approved by the State Board for Community Colleges September 17, 2015
Last Revised and Approved by the State Board for Community Colleges September 23, 2022
Appendix I to Section 6
Policy on Sexual Harassment
A. Notice of Nondiscrimination
As a recipient of federal funds, Paul D. Camp Community College (Camp) 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 Dr. Trina Jones, whose office is located at Franklin campus, and may be contacted by phone at (757) 569-6720 or by email at email@example.com.
1. Camp 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.
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.
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.
1. Actual Knowledge. Actual knowledge means notice of sexual harassment or allegations ofsexual harassment to a College’s Title IX Coordinator or any other official of the College whohas authority to institute corrective measures on behalf of the College. “Notice” includes, butis 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 notspeak 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 licensedattorneys.
3. Appeal Officer. The Appeal Officer is the designated employee who reviews the completerecord of the formal complaint and written statements of the parties during an appeal of awritten determination or dismissal of a formal complaint or any allegations therein. TheAppeal 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 Collegewithin the same reasonably contiguous geographic area of the College and used in directsupport of, or in a manner related to, the College’s educational purposes, and (ii) any buildingor property that is within or reasonably contiguous to the area described in clause (i) that isowned by the College but controlled by another person, is frequently used by students, andsupports 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 thatcould constitute sexual harassment. A complainant may file a formal complaint againstfaculty, staff, students, or third parties.
6. Consent. Consent is knowing, voluntary, and clear permission by word or action, toengage in mutually agreed upon sexual activity. Silence does not necessarily constituteconsent. Past consent to sexual activities, or a current or previous dating relationship, doesnot imply ongoing or future consent. Consent to some sexual contact (such as kissing orfondling) cannot be presumed to be consent for other sexual activity (such as intercourse). An individual cannot consent who is under the age of legal consent. The existence of consent is based on the totality of the circumstances, including the context in which the alleged incident occurred. Any sexual activity or sex act committed against one’s will, by the use of force, threat, intimidation, or ruse, or through one’s mental incapacity or physical helplessness is without consent.
- Mental incapacity means that condition of a person existing at the time which preventsthe 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 orshould have known. This includes incapacitation by using drugs or alcohol. Intoxicationis not synonymous with incapacitation.
- Physical helplessness means unconsciousness or any other condition existing at thetime 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 committedby a person who is or has been in a close relationship of a romantic or intimate nature withthe 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 harassmentthat is clearly unreasonable in light of the known circumstances. The College’s response maybe deliberately indifferent if the response restricts the rights to the Freedom of Speech andDue 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 whohas 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 andthat is committed by a person against such person's family or household member, whichincludes 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 Amendmentsof the U.S. Constitution. Basic procedural due process guarantees that an individual receivesnotice of the matter pending that relates to the possible deprivation of a property or libertyinterest and the opportunity to be heard. For example, students and employees facingsuspension or expulsion/termination for disciplinary reasons must be given notice of theallegations against them prior to any hearing or determination of responsibility. Anydisciplinary process must be fair and impartial. Additionally, the opportunity to respond mustbe 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 Collegeexercises substantial control over both the respondent and the context in which the sexualharassment 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 ofallegations. The College must provide the respondent with all exculpatory evidence.
16. Facilitator. A Facilitator guides a discussion between parties during the informalresolution process and reaches a decision to the satisfaction of each party.
17. Final Decision. A final decision is the written document that describes any sanctionsimposed and remedies provided to the respondent and complainant, respectively, at theconclusion of the formal resolution process.
18. Formal Complaint. A formal complaint is a document filed and signed by a complainantor signed by the Title IX Coordinator that alleges sexual harassment against a respondentand 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 ofthe 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 whereit 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, wherethe 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 Amendmentof 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 ofallegations.
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 the evidence standard is the standard of evidence the College must use to determine responsibility.
23. Relevance. Relevance refers to evidence that tends to prove or disprove whether therespondent is responsible for the alleged conduct. A relevant question asks whether the facts material to the allegations under investigation are more or less likely to be true. A questionnot 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 therespondent. Remedies are designed to restore or preserve equal access to the College’seducation program or activity. Remedies may be disciplinary or non-disciplinary.
25. Report of Sexual Harassment. A report of sexual harassment occurs when anyone reportsan allegation of sexual harassment to the Title IX Coordinator, or one that reaches the TitleIX Coordinator through a Responsible Employee. An individual need not be participating orattempting 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 withthe College for a person to file a report against a respondent. A report of sexual harassmentdoes not trigger an investigation or the formal or informal resolution process, but it doesrequire the Title IX Coordinator to meet with the complainant and carry out the proceduresdescribed 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 inconduct 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 affiliationor connection with the College. The College may dismiss a formal complaint when the Collegehas little to no control over the respondent but will offer supportive measures to thecomplainant 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 couldreasonably believe has such authority or duty. [The College may name Responsible Employeesby title, or name employees who are Campus Security Authorities (CSAs) as ResponsibleEmployees.] A Responsible Employee shall not be an employee who, in his or her position atthe College, provides services to the campus community as a licensed health careprofessional, (or the administrative staff of a licensed health care professional), professionalcounselor, victim support personnel, clergy, or attorney. [Colleges may choose to identify byname 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 orcampus 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 onthe 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'semployment, education, or participation in an education program or activity. The College’streatment 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 deliberatelyindifferent.
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 includesintentionally 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 fondleanother 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 oradvantage anyone other than the one being exploited, and that behavior does not otherwiseconstitute one of other sexual harassment offenses. Examples of sexual exploitation includeprostituting another person; non-consensual video or audio-taping of otherwise consensualsexual activity; going beyond the boundaries of consent (such as letting your friends hide inthe closet to watch you having consensual sex), and knowingly transmitting HIV or an STD toanother.
32. Sexual Harassment. Sexual harassment means conduct on the basis of sex that satisfiesone or more of the following:
a) Quid Pro Quo: The submission to or rejection of such conduct is used as the basis foreducational or employment decisions affecting the student or employee eitherexplicitly or implicitly;
b) Hostile Environment: Unwelcome conduct determined by a reasonable person to beso 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’seducational 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 rapeand 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 theconduct 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 formalor informal resolution process, including evidence that contains a person's statement(s). Partyor witness statements, police reports, Sexual Assault Nurse Examiner (SANE) reports, medicalreports, 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 are non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee orcharge to the complainant or the respondent before or after the filing of a formal complaintor where no formal complaint has been filed. Such measures are designed to restore orpreserve 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 orthe 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 Federalfinancial 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 underTitle 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 whenemployees 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 apreponderance of the evidence after a live hearing. A written determination also is the resultof an appeal decided by an Appeal Officer.
1. No person may intimidate, threaten, coerce, harass, discriminate, or take any otheradverse action against any other person for the purpose of interfering with any right orprivilege provided by this Policy, or because the person has made a report or filed a formalcomplaint, testified, assisted, or participated or refused to participate in any manner in aninvestigation, 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 911 or (757) 641-9214 (Franklin Campus and Workforce Development Center) or (757) 641-8039 (Suffolk and Smithfield Center).
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 a 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.
Camp Community College Title IX Campus Resources
Title IX Coordinator:
Franklin Campus, Room 126A
Deputy Title IX Coordinator:
Franklin Campus, Room 104
3. During non-business hours, members of the campus community should report alleged violations of this Policy to Dr. Trina Jones at firstname.lastname@example.org.
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 hasbeen 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 outthe purposes of this Policy, including the conduct of any investigation, live hearing, or judicialproceeding 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 as soon as practicable, but no later than 24 hours after forming such suspicion, pursuant to VCCS Policy Number 3.14.6, Reporting Sexual Child Abuse or Neglect.
4. If a complainant wishes to keep the report of sexual harassment completely confidential, it is recommended that he or she reports the alleged conduct to someone without a duty to report incidents of sexual harassment to the Title IX Coordinator. Full-time employees also may contact the Employee Assistance Program. If the complainant requests that the complainant’s identity is not released to anyone else, the College’s response may be limited to providing supportive measures, if appropriate and reasonably available. When supportive measures are provided, the College will protect the privacy of the complainant to the extent possible while still providing the supportive measures.
5. The College 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 reasonablyavailable.
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) workdays of the decision to pursue the formal resolution process when he or she is unable to maintain confidentiality or respect the complainant’s request for no furtheraction. The Title IX Coordinator will give the complainant’s wishes due consideration.
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 employeemay 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 measuresto 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, contact campus police/security. 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 asevidence. “Rape drugs,” such as Rohypnol and GHB, are more likely to be detected in urine than in blood.
6. For professional and confidential counseling support, call the Virginia Family Violence & Sexual Assault Hotline at 1-800-838-8238. Help is available 24 hours a day. Colleges may use the local hotline.
7. You should take the following steps to preserve any physical evidence because it will be necessary to prove criminal domestic violence, dating violence, sexual assault, or stalking, or to obtain a protective order:
- Do not wash your hands, bathe, or douche. Do not urinate, if possible.
- Do not eat, blow your nose, drink liquids, smoke, or brush your teeth if the incident involved oral contact.
- Keep the clothing worn when the incident occurred. If you change clothing, place the worn clothing in a paper bag.
- Do not destroy any physical evidence that may be found in the vicinity of the incident by cleaning or straightening the location of the crime. Do not clean or straighten the location of the crime until law enforcement officials have had an opportunity to collect evidence.
- Tell someone all the details you remember or write them down as soon as possible.
- Maintain text messages, pictures, online postings, video, and other documentary or electronic evidence that may corroborate a formal complaint.
N. Support Services
1. All students and employees will receive information in writing of available counseling, health, mental health, victim advocacy, legal assistance, and other services available in the community and on campus.
2. For information about available resources, go to: Community Resources Toolkit
O. Education and Awareness Program
1. The College conducts a program to educate students and employees about this Policy andits procedures. The education and awareness program is designed to promote awareness of sexual assault, domestic violence, dating violence, and stalking.
2. The program, at a minimum, shall include:
- A statement that the College prohibits sexual harassment, including sexual assault,domestic violence, dating violence, and stalking;
- The definition of sexual harassment, including sexual assault, domestic violence, datingviolence, and stalking;
- The definition of consent;
- Safe and positive options for bystander intervention that may be carried out by anindividual to prevent harm or intervene when there is a risk of sexual assault, domesticviolence, dating violence, or stalking against a person other than such individual;
- Information on risk reduction to recognize warning signs of abusive behavior and howto avoid potential attacks;
- Information on possible sanctions and procedures to follow after an incident of sexual assault, domestic violence, dating violence or stalking;
- The College’s disciplinary procedures;
- Information on how the College will protect confidentiality; and
- Written notification about available resources and support services and availablesupportive measures available if appropriate and reasonably available.
3. The College offers the prevention and awareness program to all new and existing studentsand 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 experienceor 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 campuscommunity in reporting incidents of sexual violence as defined by this Policy to lawenforcement authorities upon request. When allowable under Virginia law, the Title IXCoordinator will request the consent of the complainant (or alleged victim if different from thecomplainant) to report incidents of alleged sexual violence that occur on campus property tolaw enforcement.
2. Meeting(s) of the Review Committee. Within 72 hours of receiving a report of an allegedact of sexual violence as defined in this Policy against a student or one that allegedly occurredon property owned or controlled by the College or on public property within the campus, orimmediately adjacent to and accessible from the campus, the Title IX Coordinator shallconvene the College’s Review Committee to review the information reported and anyinformation 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 theReview Committee.
3. Disclosures to Law Enforcement. Under Virginia law, the Review Committee maydetermine that the disclosure of information to local law enforcement regarding the allegedincident of sexual violence, including personally identifiable information, is necessary toprotect the health or safety of the complainant or other individuals.
- The Review Committee may try to reach a consensus, but it is the law enforcement representative of the Review Committee that ultimately determines whether the disclosure of the information, including the personally identifiable information, isnecessary to protect the health or safety of the alleged victim or other individuals. The College shall disclose such information to the law enforcement agency that would be responsible for investigating the alleged incident immediately.
- The Title IX Coordinator will notify the alleged victim in writing that the College will disclose such information to law enforcement.
4. Disclosures to the Commonwealth’s Attorney. If the report of an alleged act of sexualviolence 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.
- 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 meetingshall disclose the information to the local Commonwealth’s Attorney (or otherprosecutor responsible for prosecuting the alleged act of sexual violence), includingpersonally identifiable information, if such information was disclosed pursuant toSection S3.
- If the Title IX Coordinator is aware of such disclosure, the Title IX Coordinator will notify the alleged victim in writing that such disclosure is being made.
5. Law enforcement will notify the local Commonwealth's Attorney within 48 hours of beginning an investigation involving a felonious act of sexual violence. Either campus police,the local law enforcement agency, or the State Police will notify the Commonwealth's Attorney pursuant to an MAA/MOU.
6. The College also must inform the complainant of the following:
- the available law enforcement options for investigation and prosecution;
- the importance of collection and preservation of evidence;
- the available options for a protective order;
- the available campus options for investigation and adjudication under the institution'spolicies;
- the complainant's rights to participate or decline to participate in any investigation tothe extent permitted under state or federal law;
- the applicable federal or state confidentiality provisions that govern informationprovided by a victim;
- the available on-campus resources and any unaffiliated community resources,including sexual assault crisis centers, domestic violence crisis centers, or other victimsupport services;
- the importance of seeking appropriate medical attention; and
- the College’s obligation to disclose information about the report, including personallyidentifiable information, to campus or local law enforcement, or to the localCommonwealth’s Attorney, or both, if the review team determines that such disclosureis necessary to protect the health or safety of the complainant or others.
7. In addition to the procedures described in this Section, the College shall follow the procedures described in Section T.
T. Handling Reports of Sexual Harassment
1. Upon receiving actual knowledge of sexual harassment in an education program or activityof the College against a person in the United States, the College must respond promptly in amanner that is not deliberately indifferent. The College will treat complainants andrespondents equitably by offering supportive measures to the complainant and by completingeither a formal or informal resolution process before imposing any disciplinary sanctions orother 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:
- promptly contact the complainant to discuss the availability of supportive measuresand consider the complainant's wishes with respect to such supportive measures;
- inform the complainant that supportive measures are available with or without thefiling of a formal complaint;
- explain to the complainant the process for filing a formal complaint, including providing the complainant with a Formal Complaint Form, when applicable; and,
- 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 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:
- the conduct alleged in the report would not constitute sexual harassment as defined by this Policy, even if proved;
- the conduct did not involve an education program or activity of the College; or
- the complainant does not file a formal complaint and the Title IX Coordinator does not sign a formal complaint.
- The Title IX Coordinator shall forward the report to the appropriate College official that will determine whether the conduct alleged in the report violates a separate policy or code of conduct and provide written notice of the decision to close the report to the complainant.
- The Title IX Coordinator will document the action(s) taken and the rationale for such action(s).
- The decision to close the report is final.
U. Resolution of Formal Complaints
1. The College’s Responsibility. The College must provide a prompt, fair, and impartial investigation, and resolution of alleged violations of this Policy. The burden of proof and the burden of gathering evidence sufficient to reach a determination regarding responsibility rest on the College and not on the parties, but the parties may present witnesses, including fact and expert witnesses, and other inculpatory and exculpatory evidence.
- When resolving a formal complaint, the College will evaluate all relevant evidence objectively, including both inculpatory and exculpatory evidence, and will make credibility determinations without reference to a person’s status as a complainant, respondent, or witness.
- The College will not require, allow, rely upon, or otherwise use questions or evidence that constitute, or seek disclosure of, information protected under a legally recognized privilege, unless the person holding such privilege has waived the privilege.
- All employees involved in the resolution of formal complaints, including the appeal process, must not have a conflict of interest or bias for or against complainants or respondents generally, or for or against an individual complainant or respondent.
- All employees involved in the resolution of formal complaints receive relevant training.
- The College will treat complainants and respondents equitably by providing remedies to a complainant where a determination of responsibility for sexual harassment has been made against the respondent, and by following the formal or informal resolution process before the imposition of any disciplinary sanctions or other actions that are not supportive measures against a respondent.
- At all times prior to a determination of responsibility, the respondent will be presumed not responsible for the alleged conduct. The imposition of interim measures does not constitute a presumption of responsibility.
2. Resolution Process Options. The College may resolve formal complaints by either a formal or informal resolution process.
3. Consolidation of Formal Complaints. The College may consolidate formal complaints against more than one respondent, or by more than one complainant against one or more respondents, or by one party against the other party, where the allegations of sexual harassment arise out of the same facts or circumstances.
4. Suspending an Investigation. The College will comply with all requests for cooperation by the campus police or local law enforcement in investigations. The College may be required to suspend the Title IX investigation while the campus police or the local law enforcement agency gathers evidence. The College will resume its Title IX investigation as soon as the campus police or local law enforcement agency has completed its gathering of evidence. Otherwise, the College’s investigation will not be precluded or suspended on the grounds that criminal charges involving the same incident have been filed or that charges have been dismissed or reduced.
5. Preliminary Investigation. If the respondent’s identity is unknown, the Title IX Coordinator (or campus police) will conduct a preliminary investigation to determine the respondent’s identity. If the preliminary investigation fails to reveal the identity of the respondent, the Title IX Coordinator shall dismiss the formal complaint because the College must have sufficient information to conduct a meaningful and fair investigation. If the identity of the respondent is revealed, the Title IX Coordinator shall proceed as otherwise provided in this Policy. The Title IX Coordinator will notify the complainant in writing of the result of the preliminary investigation promptly after the preliminary investigation.
6. Time Frame for Resolution of Formal Complaint.
- 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.
- 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.