Student Code of Conduct

Student Code of Conduct 

Each individual is considered a responsible adult, and it is assumed that students shall maintain standards of conduct appropriate to membership in the college community.  Emphasis is placed on standards of student conduct rather than on limits or restrictions of students.  

All Colleges will implement and publish a student code of conduct in accordance with the template found in Appendix II to Section 6. Colleges may establish separate processes and sanctions for adjudicating violations of Academic Dishonesty, as defined in Appendix II. In addition, all colleges will implement and publish a hazing policy in accordance with the template found in Appendix III to Section 6.

Student Grievance  

Each VCCS college will develop and publish a student grievance procedure which will provide for equitable and orderly processes to resolve complaints made by students for improper treatment.  A grievance is defined as a written claim raised by a student alleging improper, unfair, arbitrary, or discriminatory action by an employee or a student involving the application of a specific provision of a college or rule/regulation or a board policy or procedure.

Expressive Activity

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.

Policy Statement

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

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

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.

Procedures

1. Reserving Campus Facilities:
   1. If students, student organizations, or college employees desire to reserve campus facilities, they shall submit their requests to the appropriate college administrator.  Colleges 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, student organizations, or college employees) desire to reserve campus facilities, they must be sponsored by a recognized student organization or the college to conduct expressive activities or events on campus.
   3. Colleges may designate certain indoor facilities as not available for expressive activity, such as administration offices, libraries, and (during instructional hours) classrooms. Colleges shall make the campus community aware of such areas. Any other restrictions on expressive activities occurring in indoor facilities must (a) apply equally to all individuals and organizations and (b) not depend upon the content or viewpoint of the expression or the possible reaction to that expression.
   4. Students, student organizations, and college employees may request to reserve campus facilities on a first-come, first-served basis. These requests may be denied for the following reasons only:
      1. The requested venue is an indoor facility that the college has designated as not available for expressive activity under section 6.5.1.0.0(a)(3) of this policy;
      2. The requested venue is an indoor facility and the request conflicts with restrictions enacted pursuant to section 6.5.1.0.0(a)(3) of this policy;
      3. The venue is already reserved for another event¹;
      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 venue²;
      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, student organization, or college employee requesting the reservation is responsible for preserving and maintaining the facility it reserved. If it causes any damage to those facilities, the person(s) or organization (and its officers, if applicable) shall assume responsibility. 
   6. When assessing a request to reserve campus facilities, colleges and their administrators must not consider the content or viewpoint of the expression or the possible reaction to that expression.  Colleges and their administrators may not impose restrictions on students, student organizations, or college employees due to the content or viewpoint of their expression or the possible reaction to that expression. In the event that other persons react negatively to a student’s, student organization’s, or college employee’s expression, college officials (including college police or security) shall take all necessary steps to ensure public safety while allowing the expressive activity to continue.
2. Spontaneous Expressive Activity:
   1. Colleges are not required to designate any indoor area as available for spontaneous expressive activities. In the event that colleges elect to do so, college officials shall prominently post the areas in which students, student organizations, and their sponsored guests may engage in spontaneous expressive activities. Any areas so designated must (a) apply equally to all students and student organizations and (b) not depend upon the content or viewpoint of the expression or the possible reaction to that expression.
   2. For outdoor campus facilities and areas, students, student organizations, and their sponsored guests may freely engage in spontaneous expressive activities as long as they do not (a) block access to campus buildings, (b) obstruct vehicular or pedestrian traffic, (c) substantially disrupt previously scheduled campus events³, (d) substantially disrupt college operations, (e) constitute unlawful activity; or (f) create a clear and present threat to public safety, according to the college’s police or security department.
   3. No college personnel may impose restrictions on students, student organizations, or their sponsored guests who are engaging in spontaneous expressive activities due to the content or viewpoint of their expression or the possible reaction to that expression. In the event that other persons react negatively to these activities, college officials (including college police or security) shall take all necessary steps to ensure public safety while allowing the expressive activity to continue.
3. Implementation; Report:
   1. Each college must include this policy in its student handbook, on its website, and in its student orientation programs.
   2. Each college must develop a process for members of the campus community and invited guests to report incidents of disruption of constitutionally protected speech.  Such a process may include, but is not limited to, providing online incident reporting, providing contact information for a designated college official, and in cases of emergency, contact information for campus or local police or campus security.
   3. All colleges must maintain materials on the policy and provide such materials to any employee responsible for the discipline or education of enrolled students. Colleges may provide such materials to other employees if so desired.
   4. All college policies and materials on expressive activities must have prior approval from the Office of System Counsel.
   5. Colleges must develop policies and procedures to comply with the requirements of Va. Code 23.1-401.1, and notify the Office System Counsel as soon as practicable, but no later than 20 days after being served with a complaint that alleges a violation of the First Amendment. 

Illegal Substance Policy (SB)

Students of a Virginia community college shall not possess, sell, use, manufacture, give away or otherwise distribute illegal substances while on campus, attending a college sponsored off-campus event, or while serving as a representative of the college at off-campus meetings. Violations of this policy shall be subject to disciplinary action under the student conduct policy. Further, students who violate this policy shall have committed a criminal offense, and the college shall notify the appropriate agency of the Commonwealth of Virginia, county or city government for investigation and, if warranted, prosecution. 

Each community college may develop more specific procedures and sanctions in this regard, and these shall be published.

Substance Abuse Programs (SB)

Each community college shall develop a substance abuse program to include drug and alcohol education and referral services for students as required by the Drug-Free Schools and Communities Act amendments of 1989 (Public Law 101-226). 

Sexual Harassment (SB)

1. As a recipient of federal funds, the Virginia Community College System (“VCCS”) is required to comply with Title IX of the Higher Education Amendments of 1972, 20 U.S.C. § 1681 et seq. (“Title IX”), which prohibits discrimination on the basis of sex in educational programs or activities, admission and employment. Sexual harassment constitutes sex discrimination prohibited by Title IX.
2. The VCCS promotes and maintains educational and employment opportunities without regard to race, color, 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), status as a veteran, national origin, or other non-merit factors.
3. Inquiries concerning the application of Title IX should be referred to the college’s Title IX Coordinator or to the U.S. Department of Education’s Office for Civil Rights (“OCR”). Individuals may file complaints with their respective college’s Title IX Coordinator or OCR. The name, title, address at the college, and phone number of the coordinator(s) must be included in the college’s published statement of nondiscrimination.

Purpose

The purpose of this policy is to establish that the Virginia Community College System prohibits sex discrimination and sexual harassment and to set forth procedures by which such allegations shall be reported, investigated, and resolved. This policy is not intended to substitute or supersede related criminal or civil law. This policy augments the VCCS Policy on Sexual Harassment, Section 6, Appendix 1 (“Title IX Policy”). The Title IX Policy shall apply wherever this policy is silent.

Policy

The Virginia Community College System shall not tolerate sexual harassment in any form. Some forms of sexual harassment, as defined by this policy, may be punishable through civil and criminal proceedings, as well as through VCCS disciplinary processes. Sexual harassment is a flagrant violation of the values and behavioral expectations for an educational community. This policy shall apply to all employees and students of the Virginia Community College System.

Definitions

1. Dating Violence. Dating violence is violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury committed by a person who is or has been in a close relationship of a romantic or intimate nature with the other person. The existence of such a relationship shall be determined based on a consideration of the length of the relationship, the type of relationship, and the frequency of interaction between the persons involved in the relationship.
2. 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.
3. 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 (as defined under Virginia law).
4. 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.
5. Sexual Harassment. Sexual harassment means conduct on the basis of sex that satisfies one or more of the following:
   1. Quid Pro Quo: The submission to or rejection of such conduct is used as the basis for educational or employment decisions affecting the student or employee either explicitly or implicitly;
   2. Hostile Environment: Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to an education program or activity of the College, including a student’s educational experience or an employee’s work performance;
   3. Clery Act/VAWA Offenses: Sexual assault/sexual violence, dating violence, domestic violence, and stalking, as defined by this Policy.
6. 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.
7. 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.

College Policies and Procedures

1. Each college shall use this policy and the Title IX Policy template in Appendix I to Section 6, as the basis for formulating its policy for sexual harassment. Specific campus policies must include procedures, courses of action, interim and supportive measures and remedies for the complainant, and the rights of the accused. Anyone found responsible of sexual harassment will be subject to appropriate disciplinary actions which may include dismissal or expulsion. Further, these policies shall include provisions to safeguard the identities of the parties outside the confidential proceedings of the college’s disciplinary process, unless consent is secured. No part of a complainant’s sexual history with anyone other than the accused shall be included as a part of any campus proceedings.
2. Each college shall designate and train one or more employees as “Title IX coordinators” to oversee compliance with Title IX regulations. If a college designates more than one Title IX coordinator, the college must designate one employee as having ultimate oversight responsibility. Titles for multiple Title IX coordinators shall clearly show that other coordinators are in a deputy or supporting role.
3. No person may intimidate, threaten, coerce, harass, discriminate, or take any other adverse action against any other person for the purpose of interfering with any right or privilege provided by this policy, or because the person has made a report or filed a formal complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, live hearing, or any other process described in this policy. Action is generally deemed adverse if it would deter a reasonable person in the same circumstances from opposing practices prohibited by this policy. Retaliation may result in disciplinary or other action independent of the sanctions or interim measures imposed in response to the underlying allegations of violations of this policy.
4. Colleges must provide annual training to all personnel involved in the resolution process that satisfies the requirements outlined in the Title IX Policy. Colleges also must provide an ongoing prevention and awareness campaign for all students and employees.

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¹In the event that multiple individuals or organizations submit conflicting reservation requests, the following order of precedence shall govern: (1) official college sponsored activities and events; (2) recognized student organization activities and events; (3) student activities and events; and (4) all other activities and events.

²The expression of competing viewpoints or multiple speakers in proximity to each other does not, without more, constitute a substantial disruption.

³The expression of competing viewpoints or multiple speakers in proximity to each other does not, without more, constitute a substantial disruption.