6.6 Campus Conduct Reference – [Reference VCCS Policy Manual Section 6.5]

6.6.0 Student Conduct page top

Each individual is considered a responsible adult, and it is assumed that students will 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. Guidelines and regulations governing student conduct are developed by representatives of the students, faculty, staff, and administration. VHCC refrains from imposing a rigid code of discipline but reserves the right to take disciplinary action compatible with its own best interests when it is clearly necessary.

VHCC guarantees students the privilege of exercising their rights of citizenship under the Constitution of the United States without fear of prejudice. Special care is taken to assure due process and to spell out defined routes of appeal when students feel their rights have been violated.

6.6.1 Authorization and Regulations for Campus Demonstrations page top

Each campus organization participating in a demonstration must file three copies of the College Registration of Demonstrations form (Table 6-1) in the Office of the President for all demonstrations four days in advance of the demonstration. Copies of the registration form are available in the Office of the Vice President of Instruction and Student Services.

The following regulations apply to authorized campus demonstrations:

• Only organizations recognized by VHCC may sponsor demonstrations on College property.
• Picketing is not permitted inside buildings.
• Outside picketing must not be carried on in a manner that interferes with entrance traffic or the normal flow of pedestrian or vehicular traffic.
• The form for registering campus demonstrations is Table 6-1.

6.6.2 Unauthorized or Disorderly Assembly (Demonstrations) page top

All assemblies or demonstrations on the campus must have prior registration with the Office of the President. VHCC students or employees who participate in or insight a riot or a disturbance or disorderly assembly are subject to suspension or dismissal.

• When an unauthorized campus assembly of students and/or College employees has been requested to disband by the President or other designated officer, those refusing to comply will be subject to immediate suspension and/or dismissal and the trespass laws of Virginia.
• In the event that an assembly appears to be a demonstration related to grievances, those present will be advised that orderly procedures for the hearing of College grievances are available and must be followed. College officials will not negotiate with any organization under conditions of duress i.e., unauthorized occupation of College property by such group.

6.6.2.0 Official procedures for Dispersing Unauthorized Assembly page top

The VHCC President follows protocol outlined by the Chancellor.

6.6.3 Alcoholic Beverages (See Section 6.5.9.2)

6.6.4 Illegal Substance Policy page top

VHCC students or employees shall not possess, sell, use, manufacture, give away or otherwise distribute illegal substances including drugs or, where prohibited, alcohol while on campus, attending a college sponsored off-campus event, or while serving as a representative of the college at off-campus meetings. Students or employees who violate this policy will have College charges processed against them in the normal manner of due process provided by VHCC rules. Further, students or employees who violate this policy will have committed a criminal offense, and VHCC will notify the appropriate agency of the Commonwealth of Virginia, county or city government for investigation and, if warranted, prosecution.

 6.6.4.0 VHCC Substance Abuse Program

VHCC has developed the following substance abuse program including drug and alcohol education and substance abuse counseling and referral services for students and employees.

A. Drug and Alcohol Education

1. Student Orientation - At each college orientation, VHCC representatives or other selected groups inform students of the issues related to substance abuse. Students are provided with prevention and treatment information.
2. Substance Abuse Materials - Print and/or electronic materials are available to inform students and employees of substance abuse issues.
3. Substance Abuse Programs - VHCC offers seminars and workshops dealing with substance abuse. These activities are open to the general public.

B. Substance Abuse Counseling and Referral

VHCC’s Counseling Center maintains referral information on substance abuse treatment and rehabilitation services available in the community. Substance abuse inquiries and referrals are handled in a confidential manner.

6.6.5 Sexual Misconduct Policy [Reference – VCCS Policy Manual 6.5.6] page top

VHCC will not tolerate sexual misconduct in any form. Sexual misconduct is a flagrant violation of the values and behavioral expectations of a college community. All reported violations within the jurisdiction of the college, including sexual assault and harassment, will be investigated and, as warranted, will be resolved through appropriate college disciplinary processes and/or criminal proceedings in accordance with applicable state and federal laws.  

An educational institution is a community of trust whose very existence depends on the recognition of each individual’s importance and value. This trust creates the freedom for each individual to live, think, act, and speak without fear of physical harm. Sexual misconduct shatters the bond of trust within a college community. 

This policy applies to all employees and students of VHCC.

6.6.5.0. Sexual Assault page top

 Sexual assault is defined as sexual intercourse without consent, including rape (whether by acquaintance or stranger), sodomy, or other forms of sexual penetration. To constitute lack of consent, the acts must be committed either by force, threat of force, intimidation, or through use of victim's mental helplessness of which the accused was aware or should have been aware. Mental helplessness includes incapacitation by alcohol or other drugs. Sexual assault also includes intentionally touching, either directly or through clothing, of the victim's genitals, breasts, thighs, or buttocks without the victim's consent, as well as touching or fondling of the accused by the victim when the victim is forced to do so against his or her will.

Verbal misconduct, without accompanying physical contact as described above, is not defined a sexual assault. Verbal misconduct may constitute sexual harassment, which is also prohibited under VHCC regulations and is specifically addressed in the following section – 6.6.5.1.

6.6.5.1 Sexual Harassment page top

Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct or written communication of a sexual nature which is intimidating, hostile, or offensive. Sexual harassment shall be considered to have occurred when:

• Accepting or tolerating such conduct is made a term or condition of a student's status or an individual's employment either explicitly or implicitly;
• Accepting or rejecting such conduct is used as the basis for academic or employment decisions affecting the student or employee; or
• Such conduct creates an intimidating, hostile, or offensive working or learning environment, or substantially interferes with an employee's work performance or a student's academic performance.

 

Sexual harassment is contrary to the values of VHCC. It will not be tolerated in any form, as outlined in Part 1604.11, Discrimination Because of Sexual Harassment of Title VII, Section 703, of the Civil Rights Act of 1964, as amended. All reported instances of sexual harassment will be investigated.

Reporting Procedures

Where there is probable cause to believe that campus regulations prohibiting sexual misconduct have been violated by a student or employee of the college, these reported violations will be aggressively investigated. Violations of this policy should be reported to the Vice-President of Instruction and Student Services.   

A student or employee charged with sexual misconduct can be prosecuted under Virginia criminal statues and disciplined under the VHCC code of conduct. Even if the criminal justice authorities choose not to prosecute, the campus can pursue disciplinary action. This disciplinary action could result in dismissal from the college.  

VHCC has an obligation to uphold the laws of the community of which it is a part. While the activities covered by the laws of the community and those covered by VHCC’s rules may overlap, the community’s laws and VHCC’s rules operate independently and do not substitute for each other. VHCC may pursue enforcement of its own rules whether or not legal proceedings are underway or in prospect, and may use information from third party sources, such as law enforcement agencies and the courts, to determine whether college rules have been broken. VHCC will make no attempt to shield members in the college community from the law, nor does it intervene in legal proceedings against a member of the community. Membership in the VHCC community does not exempt anyone from local, state or federal laws, but rather imposes the additional obligation to abide by all of VHCC’s regulations.  

In order to fall within the jurisdiction of the college, the alleged assailant must be a VHCC student or employee, and the alleged assault must have been committed against a person on college-owned, or leased property or at a college-sponsored or supervised function.   Procedure for reporting and resolving sexual misconduct complaints are established and in place for all students and employees of VHCC.  

Complaints may be

• handled through established grievance procedures;
• discussed or filed in writing with the college’s equal employment opportunity (EEO) officer;
• discussed or filed in writing with the Vice-President of Instruction and Student Services.  

Existing disciplinary and grievance procedures will serve as the framework for resolving allegations of sexual misconduct. Students found guilty of sexual misconduct will be subject to campus disciplinary penalties found in the Student Handbook. College employees found guilty of sexual misconduct will be subject to disciplinary action as specified by personnel policies. In addition, employees and students may face criminal prosecution in the event of violations of applicable laws. The College also reserves the right to refer a complaint to a law enforcement agency if it appears that a crime may have been committed.   The rights of both the accused and the complainant shall be protected, and the confidentiality of proceedings will be maintained to the fullest extent possible. The rights of the individual filing the grievance to pursue legal remedies through criminal or civil courts will not be infringed by use of College disciplinary or grievance procedures. Similarly, College disciplinary or grievance procedures will not be prejudiced by the initiation of such action.

6.6.5.2 College Disciplinary Procedures Relative to Sexual Misconduct page top

Sexual assault and harassment are subject to College disciplinary action as outlined in the Student Code of Conduct, personnel policies, and applicable state and federal laws. Complaints are handled through established grievance procedures or by the Office of Campus Police.

Anyone convicted of sexual misconduct will be subject to appropriate disciplinary actions which may include dismissal or expulsion. Further, these policies shall include provisions to safeguard the identity of the complainant outside the confidential proceedings of the College's disciplinary process, unless consent is secured from the complainant to reveal her or his identify. No part of a complainant's sexual history shall be included as a part of any campus proceedings.