Student Code of Conduct

Print this Page

Policy 1.1: Compliance with CVCC Policies

Students and employees of Catawba Valley Community College (CVCC) are expected to comply with all CVCC policies. Failure to comply may result in disciplinary action. CVCC Policies will be published in appropriate documents and formats, and will be made available to students, faculty, staff, and administration.

Policy 3.18: Student Conduct

Policy 3.18: Student Code of Conduct applies to all student behavior issues other than issues covered by Policy 3.18.2: Title IX Violations: Sexual Violence, Sexual or Gender-based Harassment, and Other Sexual Misconduct .

Catawba Valley Community College (CVCC) students are expected to conduct themselves in accordance with the values of the Valley Way:

• Student Success
• Accountability
• Inclusivity
• Lifelong Learning
• Respect
• Integrity
• Teamwork

At CVCC, these values inform accepted standards of scholarship and conduct. All CVCC students and staff, regardless of the location or delivery method of their services and classes, have the right to a safe, peaceful, and honest educational environment. Therefore, when in the judgment of CVCC college personnel, a student’s conduct disrupts or threatens to disrupt the College community, appropriate disciplinary action will be taken to restore and protect the safety, peace, and integrity of the community.

The purpose of the Student Code of Conduct is not to restrict student freedom, but to protect the rights of all students in their academic pursuits. All College employees have the authority to take immediate actions and begin disciplinary proceedings for violations of the Student Code of Conduct.

As stated in Policy 1.1: Compliance with CVCC Policies, CVCC students are expected to comply with all CVCC policies. Failure to comply may result in disciplinary action. Students are prohibited from engaging in any conduct which materially and adversely affects the educational process, including, but not limited to, the following:

         1.   Interruption or in any manner interfering with normal CVCC operations. Examples of violations to normal CVCC operations include, but are not limited to, the following:

a.       Disruption or obstruction of teaching, research, administration, disciplinary proceedings, or other on- or off-campus college-authorized activities;

b.       Mental or physical abuse of any person on College premises or at College-sponsored or College-supervised functions, including verbal or physical actions which threaten or endanger the health or safety of any such persons or which promote hatred or racial prejudice;

c.       Participating in conduct that disturbs peace and order of the College. This includes, but is not limited to, yelling, screaming, or talking in an unnecessary or unreasonably loud voice, or using any device which produces loud and/or disruptive noises.

d.      The use of defamatory speech or like expressive behavior; or the use of any speech or behavior implying a physical threat or likely to provoke violence or retaliation in person or via electronic means;

    e.     Violation of state or College regulations regarding the operation and parking of motor vehicles. See Policy 4.9: Parking Policy;

    f.      Fiscal irresponsibility, such as failure to pay College charges, fees, defaulted payments, levied fines, failure to repay college-funded loans, or fraudulent financial transactions with the College;

           g.     Forgery, altering, or misusing College documents, records, or instruments of identification with intent to deceive;

             h.         Tampering with a fire alarm or other safety equipment belonging to the College, except with reasonable belief in the need for such alarm or equipment;

              i.          Gambling on the College campus or at College-sponsored functions off-campus;             

j.          Participation in gatherings or demonstrations that interfere with another’s ability to freely access College facilities or property. Students shall not disrupt or interfere with the College’s educational processes or College functions. Students shall comply with any instruction of a College employee to leave the scene of a disruptive gathering or demonstration;

k.           Violating the terms of any disciplinary sanction or violating any College regulation during the period of disciplinary sanction;

l.            Trespassing, including unauthorized entry or presence on the property of the College or in a College facility or any portion thereof to which entry or presence has been restricted; unauthorized presence in a College facility during closed hours;

m.          Violation of any College policy, prohibited behavior, local, state, or federal criminal law on College premises adversely affecting the College community’s pursuit of its proper educational purposes.

n.           Failure to comply with lawful instructions of College officials acting in performance of their duties.

2.    Destruction, damage, or misuse of CVCC equipment, facilities, or property. This includes, but is not limited to, the acceptable use of technology. See Policy 4.18: Technology Resources (Acceptable Use).

3.       Physical abuse of another person in the CVCC community;

          4.         Attempted or actual theft of, misuse of, or intentional damage to College property; or theft of or damage to property of a member of the College community or a campus visitor on                          college premises or at college functions;

            5.         Participation in hazing-defined as an act which endangers the mental or physical health or safety of a student, or which destroys or removes public or private property, for the                 purpose of initiation, admission into, affiliation with or as a condition for continued membership in a group or organization. The express implied consent of the victim is not a defense.                     Apathy or acquiescence in the presence of hazing are not neutral acts; they are a violation of this rule.

          6. Plagiarism and other forms of academic cheating. See Policy 2.16: Academic Honesty.

          7. Sexual harassment or Unlawful Discrimination. See Policy 3.18.2: Discrimination and Harassment Policy. (Need a link)

          8. Violation of CVCC policies including those regarding the use and/or possession of

a.  firearms or other weapons as described in Policy 4.10: Firearms/Weapons Possession;

b.  alcoholic beverages as described in Policy 4.11: Alcoholic Beverages;

c.  illegal drugs or controlled substances as described in Policy 4.12: Illegal Drugs/Controlled Substances; and/or

d.  tobacco products as described in Policy 4.13: Tobacco Products.

         9. Making a threat to the safety of the CVCC community; or

          10. Commission of any other action which, in the opinion of the administration or faculty, may be contrary to the best interest of the CVCC community.

Policy 3.18.1: Student Behavior Sanctions Policy outlines the sanctions that may be imposed on a student who violates Policy 3.18: Student Code of Conduct.

Policy 3.18.1 Student Behavior Sanctions

Policy 3.18.1 applies to student behavior sanctions that may be imposed for violations of Policy 3.18: Student Code of Conduct. Violations of Policy 3.18.2: Sexual Violence, Sexual Harassment, and Other Sexual Misconduct (Title IX Violations) are governed by that policy and handled under Procedure 3.18.2: Reporting and Response to Sexual Violence, Sexual or Gender-based Harassment, and Other Sexual Misconduct (Title IX Violations).

Student behavior sanctions are designed to educate students, guide future decision-making and deter further inappropriate behavior. Students found in violation of the Student Code of Conduct will be challenged to evaluate their behavior and reflect on their actions and the effects on the campus community. The following behavior sanctions are examples of those that may be imposed for violation of the Student Code of Conduct.

Any faculty or staff may use discretion to give a sanction of Warning, General Probation, or Interim (Emergency) Suspension to any student in violation of the Student Code of Conduct and who is disrupting the educational process.

Warning: A written communication which gives official notice to the student that a violation of the Student Code of Conduct has occurred and that any subsequent violation of the Student Code of Conduct will carry heavier penalties because of this prior infraction.

General Probation: An individual may be placed on General Probation when involved in a minor disciplinary offense. General Probation has two (2) important implications: the individual is given a chance to show capability and willingness to observe the Student Code of Conduct without further penalty, and if the student errs again, further action will be taken.

Interim (Emergency) Suspension: Exclusion from class and/or other privileges or activities for conduct that poses a threat to the health or well-being of any member of the academic community or activities of the College as set forth in the notice, until a final decision has been made concerning the alleged violation.

Faculty will submit the “Warning, General Probation, Interim (Emergency) Suspension Form” to their immediate supervisor to document this behavior sanction. This Form is found on the Portal or in the Office of the Dean of Access, Development, and Success.

Faculty have the authority to impose the Loss of Academic Credit or Grade Sanction in accordance with Policy 2.16: Academic Honesty Policy.

Loss of Academic Credit or Grade: Imposed as a result of violating Policy 2.16: Academic Honesty. Sanctions may include the requirement to redo the assignment, loss of credit for the assignment, or loss of credit for the class.
 

The President, Vice Presidents, and the Dean of the School of Access, Development, and Success (ADS) have the authority to impose the following sanctions:

Restrictive Probation: Restrictive Probation results in loss of good standing and becomes a matter of record. Restrictive conditions may limit activity in the College community. Generally, the student will not be eligible for initiation into any local or national organization, and may not receive any College award or other honorary recognition. The student may not occupy a position of leadership or responsibility with any College or student organization, publications, or activity.

Suspension: Exclusion from class(es), and/or all privileges or activities of the College for a specific period of time. This sanction is reserved for those offenses warranting discipline more severe than probation, or for repeated misconduct. Students who receive this sanction must get specific written permission from the Dean of ADS before returning to campus. This sanction shall be recorded on the student transcript in accordance with the State Board of Community Colleges Code 1D SBCCC 400.2 (d).

Restitution: Paying for damaging, misusing, destroying, or losing property belonging to the College, College personnel, or students.

Withholding transcript, diploma, or right to register or participate in commencement ceremonies: Imposed when financial obligations are not met. (Students will not be allowed to register until all financial obligations are met.)

Campus Service: Assigning a specific campus service project and number of contact work hours to be completed for a designated department on the College campus.

Group Probation: This is given to a College club or other organized group for a specific period of time. If group violations are repeated during the term of the sanction, the charter may be revoked or activities restricted.

Group Restriction: Removing College recognition during the semester in which the violation occurred or for a longer period (usually not more than one additional semester). While under restriction, the group may not seek or add members, hold or sponsor events in the College community, or engage in other activities as specified.

Group Charter Revocation: Removal of College recognition for a group, club, society, or other organizations for a minimum of two years. Re-charter after that time must be approved by the College President.

Permanent expulsion of a student from CVCC must be authorized by the President.

Expulsion: Permanently dismissing a student from campus. Expulsion is the most severe disciplinary sanction and must be authorized by the College President. The student loses his/her student status and may not return to campus unless authorized by the College President. Expelled students are liable for all tuition and fees. This sanction shall be recorded on the student transcript in accordance with the State Board of Community Colleges Code 1D SBCCC 400.2 (d).

Suspensions and expulsions for disciplinary reasons shall be recorded in the student ‘s permanent record and on the transcript in accordance with the State Board of Community Colleges Code 1D SBCCC 400.2 (d).

Students are entitled to appeal any disciplinary action in accordance with CVCC’s Policy 3.19: Student Due Process.

Procedure 3.18.1: Student Behavior Sanctions

Students who violate Policy 3.18: Student Code of Conduct at Catawba Valley Community College (CVCC) are subject to the disciplinary sanctions of the College. If the student’s behavior violates both the law and College regulations, the College may take disciplinary action independent of that taken by legal authorities. Any student, faculty, or staff may file charges against any student or student organization for violations of Policy 3.18: Student Code of Conduct.

1.       Charges/Notification

Complete the Student Conduct Violation Report found on the Portal, or a printed form may be obtained in the Office of the Dean of the School of Access, Development, and Success (ADS) in the Student Services Building.

Submit the completed Student Conduct Violation Report to the Office of the Dean of the School of ADS within two (2) working days of the incident. This report shall contain the following information:

Name of the student(s) being charged

The alleged specific violation(s) of the Code of Conduct

The time, place, and date of the violation

Names of any person(s) directly involved and/or witness(es) to the alleged violation

Any action taken that relates to the alleged violation

Desired solutions to the violation

The Dean of the School of ADS will notify the student(s) of the charge(s) in writing within two (2) working days of receipt of the Student Conduct Violation Report. Notification will be via CVCC student email, certified mail to the address in the student database, or in person. 
Notification will include the following:

Name of the student(s) being charged

The alleged specific violation(s) of the Code of Conduct

The time, place, and date of the violation

Names of any person(s) directly involved and/or witness(es) to the alleged violation

Any action taken that relates to the alleged violation

The student(s) may meet with the Dean of the School of ADS and/or provide a written statement regarding the alleged violation within two (2) working days after receiving notification of the charge(s). If no communication is made with the Dean of the School of ADS within the time limit, the sanction decision will be based on information available. Any request for a reasonable extension must be made to the Dean of the School of ADS in writing. If an extension is granted, the time frame for the Investigation/Decision will be adjusted accordingly.

2.       Investigation and Decision

Within five (5) working days after the notification to the student(s) about the alleged violation, the Dean of the School of ADS will complete an investigation of the charge(s). The investigation may include interviewing witnesses, reviewing written statements, consulting other College officials, and other appropriate methods to make an informed decision. The decision may be to:

Drop the charge(s)

Impose a disciplinary sanction consistent with those listed in Policy 3.18.1: Student Behavior Sanctions

Refer the student to a College office or community agency for services

3.       Sanction

Within two (2) working days after the decision has been made, the Dean of the School of ADS will notify the student(s) with the decision about the behavior sanction along with instructions to appeal the decision (Procedure 3.19: Student Due Process) in writing. Notification will be via CVCC student email, certified mail to the address in the student database, or in person.

4.       Appeals 

Any student who disagrees with the decision of the disciplinary sanction may appeal this decision according to Policy 3.19: Student Due Process.

Student Advocate: Upon the student’s request, the Director of Admission or designee will assist the student with the steps required to follow the process, including providing the CVCC Student Grievance Form and the Student Grievance Committee Review Form.

POLICY 3.18.2: SEXUAL HARASSMENT OR UNLAWFUL DISCRIMINATION

Catawba Valley Community College is fully committed to providing a learning and working environment that is free from prohibited discrimination. The College does not practice or condone discrimination based on race, color, national origin, religion, sex, sexual orientation, gender, gender identity or expression, pregnancy, disability, genetic information, age, political affiliation or veterans’ status in the administration or in any of its education programs and activities and employment practices.

For issues related to sexual harassment, assault and violence, see Procedure 3.18.2: Sexual Harassment Procedure.

For issues related to all other types of unlawful discrimination and harassment, see Procedure 3.18.3: Unlawful Discrimination and Harassment Procedure.

Adopted:                

Legal Reference:     Title VII of the Civil Rights Act of 1964; The Americans with Disabilities Act of 1990; Section 504 of the Rehabilitations Act of 1973; The Age Discrimination in Employment Act of 1967; Equal Pay Act of 1963; Title II of the Genetic Information Nondiscrimination Act of 2008; Title IX of the Higher Education Amendments of 1972; Lily Ledbetter Act; NC Equal Employment Practices Act; NC Retaliatory Employment Discrimination Act; Jeanne Clery Disclosure Act of Campus Security Policy and Campus Statistic Act of 1990; Campus Sexual Assault Victim’s Bill of Rights of 1992; Violence Against Women Act of 1994; Campus Sexual Violence Elimination Act of 2013. 

Updated June 2020

3.18.2: SEXUAL HARASSMENT PROCEDURE

Catawba Valley Community College strives to make its campuses inclusive and a safe and welcoming learning environment for all members of the College community. Pursuant to multiple federal and state laws and administrative regulations and pursuant to College policy, the College prohibits discrimination in its education programs and activities based on sex.

Title IX is a comprehensive federal law that prohibits discrimination on the basis of sex in any federally funded education program or activity. Under Title IX, discrimination on the basis of sex includes quid pro quo harassment; sexual harassment; and sexual assault, stalking, dating or domestic violence (collectively referred to as “sexual harassment”). The College’s Title IX Coordinator has oversight responsibility for handling sexual harassment complaints and for identifying and addressing any patterns and/or systemic problems involving sexual discrimination or harassment.

All allegations involving sexual harassment should be directed to the College’s Title IX Coordinator and addressed under these procedures. For other complaints of discrimination and harassment not related to sexual harassment, refer to Discrimination and Harassment Procedure 3.18.3

1. DEFINITIONS

The following definitions shall apply to this procedure. The definitions are not intended to operate as speech codes, promote content and viewpoint discrimination or suppress minority viewpoints in the academic setting. Indeed, just because a student’s speech or expression is deemed offensive by others does not mean it constitutes discrimination or harassment.

In applying these definitions, College administrators shall view the speech or expression in its context and totality and shall apply the following standard: the alleged victim subjectively views the conduct as discrimination or harassment and that the conduct is objectively severe or pervasive enough that a reasonable person would agree that the conduct is discriminatory or harassing.

1. Actual Knowledge – notice of sexual harassment or allegations of sexual harassment by the Title IX Coordinator or any College official who has authority to institute corrective measures on behalf of the College. Actual knowledge is not met when the only College official with actual knowledge is a Respondent.
2. Complainant – an individual who is alleged to be the victim of conduct that could constitute sexual harassment.
3. Consent – explicit approval to engage in sexual activity demonstrated by clear actions or words. This decision must be made freely and actively by all participants. Non-verbal communication, silence, passivity or lack of active resistance does not imply consent. In addition, previous participation in sexual activity does not indicate current consent to participate and consent to one form of sexual activity does not imply consent to other forms of sexual activity. Consent has not been obtained in situations where the individual: i) is forced, pressured, manipulated or has reasonable fear that they will be injured if they do not submit to the act; ii) is incapable of giving consent or is prevented from resisting due to physical or mental incapacity (including being under the influence of drugs or alcohol); or iii) has a mental or physical disability which inhibits his/her ability to give consent to sexual activity.
4. Dating Violence – crimes of violence against a person with whom the person has or had a social relationship or a romantic or intimate relationship.
5. Domestic Violence – crimes of violence against a current or former spouse or intimate partner; a person with whom the individual shares a child in common; a person with whom the individual cohabitates or has cohabitated as a spouse or intimate partner; a person similarly situated to the individual as a spouse under local domestic laws; or any other person who is protected under local domestic laws of the jurisdiction.
6. Education Program or Activity – for purposes of these Procedures, this means any locations, events, or circumstances over which the College exercised substantial control over both the Respondent(s) and the context in which the alleged sexual harassment occurs. It also means any building owned or controlled by a student organization that is officially recognized by the College.
7. Formal Complaint – a document filed by a Complainant or signed by the Title IX Coordinator alleging sexual harassment against a Respondent and requesting the College investigate the allegation(s). A Formal Complaint initiates a formal grievance process in which parties are entitled to due process protections.
8. Informal Resolution – a resolution reached regarding an allegation of sexual harassment without the filing of a Formal Complaint. Informal Resolution may include mediation, facilitated dialogue, conflict coaching, restorative justice, or other models of alternative dispute resolution. Informal Resolution cannot be used for a student’s allegation of sexual harassment against a College employee.
9. Respondent – an individual who has been reported to be the perpetrator of conduct that could constitute sexual harassment.
10. Retaliation – to intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by Title IX or because the individual has made a report or complaint, testified, assisted, participated, or refused to participate in any manner in an investigation, proceeding, or hearing under these Procedures.
11. Sexual Assault – an offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s Uniform Crime Reporting system.
12. Sexual Harassment – quid pro quo harassment; unwelcome conduct that a reasonable person would find so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College’s education program or activity, including conduct based on sex stereotyping; or any instance of sexual assault, dating violence, domestic violence, or stalking.
    Quid pro quo harassment is a person having power or authority over another and conditioning an educational or employment benefit or service or access to receiving the educational or employment benefit or service upon a person’s participation in unwelcome sexual conduct.
13. Stalking – engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his/her safety or the safety of others or suffer substantial emotional distress.
14. Standard of Evidence – the College uses the preponderance of the evidence as the standard for proof of whether a violation of this policy has occurred. In the student due process hearing and employee grievance process, legal terms like “guilt”, “innocence” and “burden of proof” are not applicable. Student and employee due process hearings are conducted to take into account the totality of all evidence available from all relevant sources. The College will find the Respondent either “responsible” or “not responsible” for violating these Procedures.
15. Supportive Measures – individualized services reasonably available that are non-punitive, non-disciplinary, and not unreasonably burdensome to the other party that are designed to ensure equal educational access, protect safety, or deter sexual harassment. Examples of support measures are counseling, extensions of deadlines or other course related adjustments, modifications of work or class schedules, campus escort services, mutual restrictions on contact between the parties, leaves of absences, increased security and monitoring of certain areas of the College, and other similar measures.
16. Title IX Coordinator – for purposes of these Procedures, the Title IX Coordinator refers to Cynthia L. Coulter, Dean of the School of Access, Development, and Success. The Title IX Coordinator’s office is in Student Services. The phone number is (828) 327.7000 extension 4143 and the email is ccoulter@cvcc.edu.

1. SCOPE OF APPLICABILITY
   1. These Procedures apply to the conduct of and protect:
      1. College students and applicants for admission into the College
      2. College employees and applicants for employment
      3. College student organizations
      4. Third parties participating in a College education program or activity
   2. These Procedures apply to conduct that occurs in a College Education Program or Activity located within the United States and of which the College has actual knowledge.
2. REPORTING
   1. Reporting to Local Law Enforcement
      Individuals may report sexual harassment directly to local law enforcement agencies by dialing 911. Individuals who make a criminal allegation may also choose to pursue the College’s grievance procedure simultaneously. A criminal investigation into the matter does not release the College from its obligation to conduct its own investigation (nor is a criminal investigation determinative of whether sexual harassment has occurred). However, the College’s investigation may be delayed temporarily while the criminal investigators are gathering evidence. In the event of such a delay, the College must make available supportive measures when necessary to protect the alleged Complainant and/or the College community.
      
      Individuals may choose not to report alleged sexual harassment to law enforcement authorities. The College respects and supports individuals’ decisions regarding reporting; nevertheless, the College may notify appropriate law enforcement authorities if legally required or warranted by the nature of the allegations.
   2. Reporting to College Officials
      The College’s Title IX Coordinator oversees compliance with these Procedures and Title IX regulations. Questions about these Procedures should be directed to the Title IX Coordinator. Anyone wishing to make a report relating to sexual harassment may do so by reporting the concern to the College’s Title IX Coordinator in person, by mail, by telephone, by email, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report of alleged sexual harassment.
3. GRIEVANCE PROCEDURES
   1. Scope
      1. Use of these grievance procedures applies to reports alleging sexual harassment carried out by employees, students, or third parties.
      2. All reports of sexual harassment are taken seriously. At the same time, those accused of sexual harassment are presumed “not responsible” throughout this grievance procedure.
   2. Initial College Response and Assessment
      1. After receiving a report of sexual harassment, the Title IX Coordinator takes immediate and appropriate steps to:
         1. Communicate with the individual who reported the alleged conduct;
         2. Implement supportive measures to eliminate and prevent the recurrence of sex harassment, deter retaliation, remedy the effects of sex harassment, and provide due process rights during a College investigation;
         3. Provide the individual with a copy of this Policy and Procedure; and
         4. Determine whether the alleged conduct, as described by the reporting party, falls within the scope of this policy and if so, initiate the investigation and resolution procedures outlined below.
         5. The Title IX Coordinator may delegate the authority to take some or all of these steps to a Deputy Title IX Coordinator. The President has the authority to designate the Title IX Coordinator and the Deputy Title IX Coordinator(s).
      2. The Title IX Coordinator must administratively close a report or complaint of sexual harassment if after an initial assessment:
         1. The allegations as stated do not constitute a violation of the Policy and Procedure, even if proven; or
         2. The alleged sexual harassment did not occur in the College’s Education Program or Activity or did not occur in the United States.
         3. The Title IX Coordinator will notify the parties if a report or complaint of sexual harassment is closed under this section, including the reason(s) for closure, and direct the parties to the appropriate College office or department to resolve the report or complaint. All parties may appeal the Title IX Coordinator’s dismissal of a Formal Complaint under this section by using the appeal procedures in Section VI, below.
      3. The Title IX Coordinator may administratively close a report or complaint of sexual harassment if:
         1. The Complainant, at any time, requests withdrawal of the report or complaint;
         2. The Respondent is no longer enrolled or employed by the College; or
         3. The College is prevented from gathering evidence sufficient to reach a determination of responsibility.
         4. The Title IX Coordinator will notify the parties if a report or complaint of sexual harassment is closed under this section, including the reason(s) for closure, and direct the parties to the appropriate College office or department to resolve the report or complaint. All parties may appeal the Title IX Coordinator’s dismissal of a Formal Complaint under this section by using the appeal procedures in Section VI, below.
      4. Regardless of when alleged sexual harassment is reported, a Complainant must be participating in or attempting to participate in the College’s education program or activity for a Formal Complaint to be filed.
   3. Informal Resolution
      1. Any party may request the College facilitate an informal resolution to a sexual harassment complaint at any time after the filing of a Formal Complaint. The Title IX Coordinator may offer the parties the opportunity for informal resolution, too.
         1. Upon a request for informal resolution, the Title IX Coordinator determines whether informal resolution is appropriate based on the facts and circumstances of the case. The Title IX Coordinator ensures that any proposed informal resolution is consistent with the College’s obligations to prevent and redress sexual harassment.
         2. A student’s allegations of sexual harassment against a College employee are not eligible for informal resolution.
         3. The Title IX Coordinator provides the parties with written notice of proceeding with an informal resolution, including the allegations of sexual harassment, the requirements of the informal resolution process, and potential outcomes resulting from participating in the informal resolution process.
         4. The Title IX Coordinator also designates an independent, neutral person to facilitate the informal resolution.
      2. Informal resolution is voluntary.
         1. The Complainant and Respondent must provide written consent for informal resolution to take place.
         2. Any party has a right to end the informal resolution process at any time prior to agreeing to a resolution and begin or continue the formal investigation and grievance process.
      3. Informal resolution concludes the matter only when all parties have signed a written agreement that confirms resolution of the allegations.
         1. The resolution agreement must include a waiver of the parties’ right to have a formal hearing on the allegations that have been informally resolved.
         2. Parties are prohibited from revoking or appealing a resolution agreement. Should the Respondent violate the terms of an informal resolution agreement, such violation will subject the Respondent to an investigation and the formal grievance process contained in this procedure.
      4. If a resolution agreement is not reached, the College will continue with a formal investigation.
   4. Investigations
      1. The goal of a formal investigation is to reach a determination as to whether a Respondent has violated one or more College policies prohibiting sexual harassment and if so, remedy the effects of a violation.
         1. The Title IX Coordinator may include possible violations of other College policies that contributed to, arose from, or are otherwise related to alleged violations of this Policy and Procedure in the scope of an investigation.
         2. The Title IX Coordinator gives written notice to the Complainant and Respondent of the investigation, providing sufficient details to allow the parties to respond and prepare for initial interviews, including the identity of the parties involved (if known), the conduct alleged to be sexual harassment, the date and location of alleged incidents (if known), a statement that the Respondent is presumed not responsible and a determination of responsibility is made at the conclusion of the process, information regarding the parties’ right to an advisor and the right to review evidence, and notice that the College prohibits knowingly making false statements or submitting false information during the grievance process.
         3. The Title IX Coordinator designates an investigator to investigate the
            allegations of sexual harassment.
      2. Parties to an investigation can expect a prompt, thorough, and equitable investigation of complaints, including the opportunity for parties to ask questions,present witnesses and provide information regarding the allegations.
      3. Parties and witnesses should cooperate in the investigation process to the extent required by law and this policy.
      4. The standard of proof used in investigations is the preponderance of the evidence.It is the College’s responsibility to establish the standard of proof and gather evidence during investigations.
      5. The College aims to bring all investigations to a resolution within thirty (30) business days from the date the Title IX Coordinator determines an investigation will commence.
         1. Extensions of timeframe for good cause are allowed, so long as written notice and the reason for the delay is provided to the parties. Good cause includes:
            1. The complexity and/or number of the allegations;
            2. The severity and extent of the alleged misconduct;
            3. The number of parties, witnesses, and other types of evidence involved;
            4. The availability of the parties, witnesses, and evidence;
            5. A request by a party to delay an investigation;
            6. The effect of a concurrent criminal investigation or proceeding;
            7. Intervening holidays, College breaks, or other closures;
            8. Good faith efforts to reach a resolution; or
            9. Other unforeseen circumstances.
         2. Investigations typically include interviews with the Complainant, the Respondent, and any witnesses, and the objective evaluation of any physical, documentary, or other evidence as appropriate and available. The College will give the Complainant and the Respondent written notice of any interview, meeting, or hearing at which a party is invited or expected to participate.
         3. The Title IX Coordinator will inform the Complainant and Respondent at regular intervals of the status of its investigation.
         4. The College may suspend or place on administrative leave a student or employee, pending the completion of an investigation and resolution, when the College performs an individualized safety and risk analysis and determines the person poses an immediate threat to the physical health or safety of any member(s) of the College community.
            1. The Title IX Coordinator may recommend to the appropriate College official to implement or stay an interim suspension of a student or employee and the conditions and duration of such suspension or leave.
            2. In all cases in which an interim suspension or administrative leave is imposed, the student or employee shall be given notice and an opportunity to challenge the removal decision immediately following the removal.
            3. Violation of an interim suspension under this Procedure is grounds for expulsion or termination.
      6. Interviews conducted as part of an investigation under this Procedure may be recorded by the College. Recordings not authorized by the College are prohibited.
      7. The Complainant and Respondent have the right to be accompanied by an advisor of their choosing during all stages of an investigation.
         1. A party may elect to change advisors during the process.
         2. All advisors are subject to the same rules:
            1. During the investigation, the advisor’s role is limited to providing advice, guidance, and support to the Complainant or Respondent. An advisor is not permitted to act as a participant or advocate during the investigative process.
            2. Advisors are expected to maintain the privacy of the records shared with them.
            3. Advisors are expected to refrain from interfering with investigations.
            4. Any advisor who oversteps their role or interferes during an investigation process will be warned once. If the advisor continues to disrupt or otherwise fails to respect the limits of the advisor role, the advisor will be asked to leave. The Title IX Coordinator determines whether the advisor may return or should be replaced by a different advisor.
      8. Prior to finalizing a report, the investigator provides all parties an equal opportunity to review any evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint, including evidence upon which the College does not intend to rely.
         1. The Complainant and Respondent may submit a written response to the evidence within ten days after receipt of the evidence.
            1. Responses must be submitted to the investigator via email, mail, or hand delivery by 5:00 p.m. eastern standard time on the date responses are due.
            2. Responses may not exceed 10 double-spaced pages on 8.5x11 paper with one-inch margins and 12-point font.
         2. The investigator considers any responses received from the parties and conducts any further investigation necessary or appropriate.
      9. Following an investigation and at least 10 days prior to a grievance hearing, the investigator submits an investigative report to the parties that fairly summarizes relevant evidence. The report includes a summary of the allegations; a summary of the response; a summary of the investigative steps taken to verify the allegations and response; and a summary of the evidence relevant to a determination of responsibility.
4. GRIEVANCE HEARINGS

At least 10 days after the issuance of an investigation report, the College must hold a live hearing in front of a decision-maker to determine responsibility of a Respondent. The decision-maker may not be the Title IX Coordinator or the investigator(s). A “live hearing” means either in person or virtually. The following hearing rules apply:

1. All parties must be able to see and hear the questioning of parties and witnesses.
2. Any party may request a virtual hearing. If requested, the College will provide a virtual hearing.
3. All parties have an equal opportunity to present witnesses, including fact and expert witnesses.
4. The parties’ advisors are permitted to cross-examine the parties and any witnesses.
   1. The parties are prohibited from directly conducting cross-examination. Cross examination must be conducted by a party’s advisor.
   2. The decision-maker determines whether questions asked during cross examination are relevant to the determination of responsibility. If the decision maker disallows a question, they will explain the basis for their decision at the hearing. Parties and advisors may not challenge a decision-maker’s relevancy determinations during the hearing.
   3. Evidence or questions that inquire about the Complainant’s sexual predisposition or prior sexual history are prohibited (i.e. rape-shield protections) unless such questions and evidence are offered to prove that someone other than the Respondent committed the conduct alleged by the Complainant, or if 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.
   4. The decision-maker may not consider statements of individuals who do not submit to cross-examination in reaching a determination of responsibility
   5. Records with a legally recognized privilege, such as medical treatment records, may not be used unless the individual or entity who holds the privilege waives the privilege. Any waiver must be written and made in advance of a hearing.
   6. If a party does not have an advisor, the College will provide an advisor at no cost to the party. The advisor may, or may not, be an attorney.
   7. Other standard Rules of Evidence do not apply in grievance hearings under these Procedures.
5. The College will provide either an audio recording, audiovisual recording, or transcript of the hearing to all parties.
6. The decision-maker evaluates all relevant evidence and reaches a determination regarding responsibility. The decision-maker issues their final written determination to all parties within ten (10) days of the hearing. The final written determination includes a summary of the allegations; a description of the procedural steps taken by the College to investigate and reach a determination of responsibility; findings of fact supporting the determination; conclusions regarding the application of College policies to the facts; a statement of and rationale for the result as to each allegation, including a determination of responsibility; any disciplinary sanctions the College recommends or imposes; whether remedies designed to restore or preserve equal access to an education program or activity will be provided to the Complainant; and the College’s appeal procedures.
7. The following sanctions may be imposed for those who have violated these Procedures:
   1. Students
      1. Verbal or Written Warning
      2. Probation
      3. Administrative withdrawal from a course without refund
      4. Required Counseling
      5. No Contact Directive
      6. Suspension
      7. Recommendation of Expulsion
      8. Other consequences deemed appropriate
   2. Employees
      1. Verbal or Written Warning
      2. Performance Improvement Plan
      3. Required Counseling
      4. Required Training or Education
      5. Recommendation of Demotion
      6. Recommendation to Suspend with or without Pay
      7. Recommendation of Dismissal
      8. Other consequences deemed appropriate to the specific violation
         
         
         If the decision-maker is required to make a recommendation for student expulsion or employee suspension, demotion or dismissal, such recommendation will be made to the appropriate College official after the time for appeal has expired. If the decision-maker recommends the Respondent be expelled, suspended, demoted, or dismissed, during the time in which either party has to appeal, the Respondent shall remain on suspension unless otherwise determined by the decision-maker. 
          

1. APPEALS
   After the decision-maker submits their determination of responsibility to the Complainant and Respondent, all parties are given an equal opportunity to appeal the determination. Appeals may be based only on these grounds:
   1. Procedural irregularity that affected the outcome;
   2. New evidence that was not reasonably available at the time of the hearing that could affect the outcome; and/or
   3. The Title IX Coordinator, investigator, or decision-maker had a bias or conflict of interest that affected the outcome.
      
      Parties must submit any appeal to the President of the College by 5:00 p.m. eastern standard time via email or mail, within ten (10) days of receiving the decision-maker’s written determination of responsibility. Appeals may not exceed ten (10) double-spaced pages on 8.5x11 paper with one-inch margins and 12-point font.
      
      The College notifies all parties when an appeal is filed and provides all parties a copy of the appeal and a chance to submit a written statement supporting or challenging the outcome. Parties must submit written statements supporting or challenging the outcome to the President of the College by 5:00 p.m. eastern standard time via email or mail, within two (2) days of receiving a copy of an appeal.
      
      The President shall conduct a review of the record, including the appeal(s) received, any written statements supporting or challenging the outcome, the investigation report, the decision-maker’s written determination of responsibility, and any accompanying evidence prior to issuing a written decision to the Complainant and Respondent that describes the result of the appeal and the rationale for the result.
      
      The President’s written decision is final.
       
2. PROTECTION AGAINST RETALIATION
   The College will not in any way retaliate against an individual for the purpose of interfering with any right or privilege secured by Title IX or because the individual has made a report or complaint, testified, assisted, participated, or refused to participate in any manner in an investigation, proceeding, or hearing under these Procedures. 
   
   Retaliation is a violation of College policy regardless of whether the underlying allegations are ultimately found to have merit. Reports of retaliation are treated separately from reports or complaints of sexual harassment. 
    
3. PROVIDING FALSE INFORMATION
   Any individual who knowingly files a false report or complaint, who knowingly provides false information to College officials or who knowingly misleads College officials involved in the investigation or resolution of a complaint may be subject to disciplinary action, including but not limited to expulsion or employment termination. The College recognizes a determination regarding responsibility alone is not sufficient to conclude a false report or complaint was made.
4. LIMITED IMMUNITY
   The College community encourages the reporting of misconduct and crimes. Sometimes, complainants or witnesses are hesitant to report to College officials or participate in resolution processes because they fear they themselves may be accused of various policy violations. It is in the best interest of this College that as many complainants as possible choose to report to College officials and that witnesses come forward to share what they know. To encourage reporting, the College offers sexual harassment complainants and witnesses amnesty from minor policy violations.
5. FERPA (Family Educational Rights and Privacy Act)
   A student’s personally identifiable information found in a student’s education records will be shared only with College employees who need to know to assist with the College’s response to sexual harassment.
   
   A student’s personally identifiable information found in a student’s education records will not be disclosed to third parties unaffiliated with the College unless:
    
   1. The student gives consent;
   2. The College must respond to a lawfully issued subpoena or court order; or
   3. The College is otherwise required by law to disclose.
       
6. SUSPENDED PROCEDURES
   In cases of emergency or serious misconduct, the College reserves the right to suspend this process and may enact appropriate action for the welfare and safety of the College community.
    
7. STUDENT AND EMPLOYEE EDUCATION AND ANNUAL TRAINING
   The Title IX Coordinator, investigators, decision-makers, and those involved in any informal resolution process shall receive annual trainings on topics including: 
   1. The definition of sexual harassment for Title IX purposes;
   2. The scope of the College’s education programs and activities under Title IX;
   3. How to conduct an investigation and grievance process including hearings, appeals, and informal resolution processes;
   4. How to serve impartially, including avoiding prejudgment of facts at issue, conflicts of interest, and bias;
   5. Technology to be used at live hearings;
   6. Issues of relevance of questions and evidence, including rape-shield limitations; and
   7. Issues of relevance to create an investigative report that fairly summarizes relevant evidence.
      
      All training materials are posted on the College’s website.
      
      At the beginning of each semester, the college will inform all new students about a primary prevention and awareness program that promotes awareness of sexual harassment. Students are strongly encouraged to take advantage of this training.
      
      All employees shall be required to participate in a primary prevention and awareness program that promotes awareness of sexual harassment. This program will be held annually at the beginning of each fall semester.
      
      At this annual training, students and employees must receive training in the following areas:
       
   8. Information about safe and positive options for bystander intervention skills;
   9. What “consent” means with reference to sexual activities;
   10. Risk reduction programs so students recognize and can avoid abusive behaviors or potential attacks;
   11. How and to whom to report an incident regarding discrimination, harassment and sex-based violence;
   12. The importance of preserving physical evidence in a sex-based violent crime; and
   13. Options about the involvement of law enforcement and campus authorities, including the alleged victim’s option to: i) notify law enforcement; ii) be assisted by campus authorities in notifying law enforcement; iii) decline to notify law enforcement; and iv) obtain “no-contact” or restraining orders.
       
       Each year, all students and employees will receive an electronic copy of these Procedures sent to their College email address of record. These Procedures will be maintained online in the College’s website and a hard copy will be kept on file in the Title IX Coordinator’s office.
       
        
8. RECORDKEEPING

The College maintains all records of Title IX proceedings and all materials used to train Title IX personnel for seven years. 

Adopted:

Legal Reference: Title IX of the Education Amendments Act of 1972, as amended, 20 U.S.C. 1681 et seq. and its implementing regulations; Office for Civil Rights, Q&A on Campus Sexual Misconduct (September 2017); Office for Civil Rights, Dear Colleague Letter on Sexual Harassment (Jan. 25, 2006); Office for Civil Right Office for Civil Rights, Revised Sexual Harassment Guidance (66 Fed. Reg. 5512, Jan. 19, 2001)

Procedure 3.18.3: Unlawful Discrimination and Harassment

Catawba Valley Community College strives to make its campuses inclusive and a safe and welcoming learning environment for all members of the College community. Pursuant to multiple federal and state laws and administrative regulations and pursuant to College policy, the College prohibits discrimination in its activities, services and programs based on race, color, national origin, sex, religion, pregnancy, disability, genetic information, age, political affiliation or veterans’ status.

For complaints related to allegations of sexual harassment, sexual assault, or sexual violence, please see Procedure 3.18.2.

I.        DEFINITIONS

The following definitions shall apply to this Procedure and shall be collectively referred to herein as “Unlawful Discrimination”. 

The definitions are not intended to operate as speech codes, promote content and viewpoint discrimination or suppress minority viewpoints in the academic setting.  Indeed, just because a student’s speech or expression is deemed offensive by others does not mean it constitutes discrimination or harassment.

In applying these definitions, College administrators shall view the speech or expression in its context and totality and shall apply the following standard: the alleged victim subjectively views the conduct as discrimination or harassment and that the conduct is objectively severe or pervasive enough that a reasonable person would agree that the conduct is discriminatory or harassing.

A.       Discrimination:  any act or failure to act that unreasonably differentiates treatment of others based solely on their Protected Status and is sufficiently serious, based on the perspective of a reasonable person, to unreasonably interfere with or limit the ability of that individual to participate in, access or benefit from the College’s programs and activities.  Discrimination may be intentional or unintentional.

B.       Harassment:  a type of Discrimination that happens when verbal, physical, electronic or other behavior based on a person’s Protected Status interferes with a person’s participation in the College’s programs and activities and it either creates an environment that a reasonable person would find hostile, intimidated or abusive or where submitting to or rejecting the conduct is used as the basis for decisions that affect the person’s participation in the College’s programs and activities. Harassment may include but is not limited to:  threatening or intimidating conduct directed at another because of the individual’s Protected Status; ethnic slurs, negative stereotypes and hostile acts based on an individual’s Protected Status.

C.       Protected Status: race, color, national origin, sex, religion, pregnancy, disability, genetic information, age, political affiliation or veterans’ status.

D.       Standard of Evidence - the College uses the preponderance of the evidence as the standard for proof of whether a violation occurred.  In the student due process hearing and employee grievance process, legal terms like “guilt, “innocence” and “burden of proof” are not applicable.  Student and employee due process hearings are conducted to take into account the totality of all evidence available from all relevant sources.  The College will find the alleged Perpetrator either “responsible” or “not responsible” for violating these Procedures.

II.       STATEMENTS OF PROHIBITION

1. Prohibition of Retaliation.

The College strictly prohibits punishing students or employees for asserting their rights to be free from Unlawful Discrimination.  Retaliation against any person participating in connection with a complaint of Unlawful Discrimination is strictly prohibited.  Reports of retaliation will be addressed through this procedure and/or other applicable College procedures.  Retaliation includes, but is not limited to, any form of intimidation, punitive actions from authority figures or peers, reprisal (acts of vengeance) or harassment.  Retaliation is a serious violation and should be reported immediately.  The College will take appropriate disciplinary action against any employee or student found to have retaliated against another.

B.       Prohibition of Providing False Information.

Any individual who knowingly files a false report or complaint, who knowingly provides false information to College officials, or who intentionally misleads College officials involved in the investigation or resolution of a complaint may be subject to disciplinary action including, but not limited to expulsion or employment termination.  The College recognizes that an allegation made in good faith will not be considered false when the evidence does not confirm the allegation(s) of Unlawful Discrimination.

III.      REQUESTING ACCOMMODATIONS

          A.       Students.

Students with disabilities wishing to make a request for reasonable accommodations, auxiliary communication aids or services, or materials in alternative accessible formats should contact the College’s Office of Disability Services located in the Office of Red Hawk Help in Student Center 429. Information provided by students is voluntary and strict confidentiality is maintained.  All requests for accommodations will be considered following the appropriate federal and state laws.

The College will also provide reasonable accommodation of a student’s religious beliefs/practices provided such expression/practice does not create a hostile environment for other students and employees and/or the accommodation does not cause an undue hardship for the College.

          B.       Employees.

Employees with disabilities wishing to make a request for reasonable accommodations, auxiliary communication aids or services, or materials in alternative accessible formats should contact the College’s Office of Human Resources located at VSL 201. Information provided by employees is voluntary and strict confidentiality is maintained.

The College will also provide reasonable accommodation of an employee’s religious beliefs/practices provided such expression/practice does not create a hostile environment for other employees and students and/or the accommodation does not cause an undue hardship for the College.

IV.      REPORTING OPTIONS

          A.       Student Complaints. 

Any student wishing to make a report relating to Unlawful Discrimination may do so by reporting the concern to the Dean of Access, Development, and Success located at the Student Services Building SS 808.

For Unlawful Discrimination incidents between students and employees, the Dean of Access, Development, and Success will work in partnership with the Director of Human Resources to investigate and resolve the allegations.

B.       Employee Complaints.

Any employee wishing to make a report related to Unlawful Discrimination may do so by reported the concern to the College’s Director of Human Resources located at VSL 201.

V.       INITIAL INVESTIGATION

As these Procedures apply to both students and employees as either the Complainant or the Respondent, the administrator receiving the incident report will determine if the case should be handled by: 1) the Dean of Access, Development, and Success, or designee (student/student); 2) the Director of Human Resources, or designee (employee/employee); or 3) both (student/employee).  For incidents involving students and employees, the College will utilize the process for both the student investigation and the employee investigation sections as applicable.

          A.       Student Investigation. 

1.       Students filing complaints (“Complainants”) are urged to do so in writing as soon as possible but no later than thirty (30) days after disclosure or discovery of the facts giving rise to the complaint.  Complaints submitted after the thirty (30) day period will still be investigated; however, Complainants should recognize that delays in reporting may significantly impair the ability of College officials to investigate and respond to such complaints.  The Dean of the School of Access, Development, and Success shall fully investigate any complaints and will, as needed and if the complaint also involves an employee, collaborate with the College’s Director of Human Resources.  During the course of the investigation, the Dean may consult with other relevant College administrators and the College Attorney.

2.       During the investigation, and if applicable to the complaint, the Dean shall meet with the Complainant and the alleged Perpetrator (“Respondent”) separately and give each party an equal opportunity to provide evidence, including informing the Dean of any potential witnesses.  Both parties will be given access to any information provided by the other in accordance with any federal or state confidentiality laws.

3.       During the investigation process, the Dean may implement temporary measures in order to facilitate an efficient and thorough investigation process as well as to protect the rights of all parties involved.  The temporary actions include, but are not limited to: reassignment of class schedules; temporary suspension from campus (but be allowed to complete coursework); or the directives that include no contact between the involved parties.

4.       A confidential file regarding the complaint shall be maintained by the Dean.  To the extent possible, the College will keep all information relating to the complaint and investigations confidential; however, to maintain compliance with the Clery Act, both parties will be informed of the outcome of any institutional proceedings under these Procedures.

5.       The Dean shall make every effort to conclude the investigation as soon as possible but no later than thirty (30) calendar days.  If the nature of the investigation requires additional time, the Dean may have an additional ten (10) calendar days to complete the investigation.  The Dean shall notify the parties of this extension.

6.       Complainants will be notified of available counseling services and their options of changing academic situations and other interim protective measures.

B.       Employee Investigations.

1.       Employees filing complaints (“Complainants”) are urged to do so in writing as soon as possible but no later than thirty (30) days after disclosure or discovery of the facts giving rise to the complaint.  Complaints submitted after the thirty (30) day period will still be investigated; however, Complainants should recognize that delays in reporting may significantly impair the ability of College officials to investigate and respond to such complaints.  The Director of Human Resources shall fully investigate any complaints.  During the course of the investigation, the Director of Human Resources may consult with other relevant College administrators and the College Attorney.

2.       During the investigation, and if applicable to the complaint, the Director of Human Resources shall meet with the Complainant and the alleged Perpetrator (“Respondent”) separately and give each party an equal opportunity to provide evidence, including informing the Director of Human Resources of any potential witnesses.  Both parties will be given access to any information provided by the other in accordance with any federal or state confidentiality laws.

3.       During the investigation process, the Director of Human Resources may implement temporary measures in order to facilitate an efficient and thorough investigation process as well as to protect the rights of all parties involved.  The Director of Human Resources may suspend an employee with pay pending an investigation if such action is in the College’s best interest. 

4.       A confidential file regarding the complaint shall be maintained by the Director of Human Resources.  To the extent possible, the College will keep all information relating to the complaint and investigations confidential; however, to maintain compliance with the Clery Act, both parties will be informed of the outcome of any institutional proceedings under this Procedures.

5.       The Director of Human Resources shall make every effort to conclude the investigation as soon as possible but no later than thirty (30) calendar days.  If the nature of the investigation requires additional time, the Director of Human Resources may have an additional ten (10) calendar days to complete the investigation and shall notify the parties of this extension.

6.       Complainants will be notified of available counseling services and other interim protective measures.

VI.      RECOMMENDATION AND APPEAL

A.       Students.

1.       After the investigation is complete, the Dean of Access, Development, and Success will put forward a recommendation of finding, based on the Standard of Evidence, and sanction(s) to both the Complainant and Respondent.  If the recommendation is accepted by both parties involved, the recommendation and sanction(s) will become effective.  The Dean will submit to each party a final outcome letter that will include, but not limited to, the following:

a.       Determination if the Respondent is responsible or not responsible for violating these Procedures;

b.       Sanction;

c.        Whether monitoring of academic schedules is needed between the parties to ensure that the individuals involved are not in classes together (the Dean will assist in this process).

d.       Short-term College counseling services available to each party.  

2.       If the Dean’s recommendations are not accepted by either the Complainant or the Respondent, both may appeal and request a formal hearing.  If the Dean recommends sanctions that s/he cannot impose (i.e., expulsion), the matter shall automatically be set for a hearing.  A Vice President will preside over the hearing as the Presiding Officer.  The process for the hearing is outlined below:

a.       Prior to the hearing, the Complainant and the Respondent have the right to review all evidence, including written statements by the Respondent, the Complainant, or witnesses.  Strict rules of evidence do not apply.  The Standard of Evidence shall apply for the hearing.  

b.       Written notice including the date, time, and location of the hearing will be sent to all parties.

c.        At the hearing, all pertinent parties have a right to speak and be questioned by the Presiding Officer.  Cross-examination between parties is not permitted.  The College will provide options for questioning without confrontation.  Each phase of the hearing will be heard by both parties in separate rooms by use of a speaker phone.

d.       The Complainant and the Respondent are allowed to be accompanied by an advocate.  The advocate may not present on behalf of either party unless otherwise instructed to do so by the Presiding Officer.  If the Complainant or the Respondent chooses to have an advocate who is an attorney, notification must be provided to the Presiding Officer at least three (3) College business days prior to the hearing date.  In this case, the College Attorney will also be present.

e.       Both parties have a right to a written notice of the hearing outcome.

          B.       Employees.

1.       After the investigation is complete, the Director of Human Resources will put forward a recommendation of finding, based on the Standard of Evidence, and sanctions to both the Complainant and Respondent.  If the recommendation is accepted by both parties involved, the recommendation and sanctions will become effective.  A final outcome letter will be submitted to the Complainant and Respondent that may include, but not limited to, the following:

a.       Determination if the Respondent is responsible, not responsible, or if the decision is deemed inconclusive, or shared responsibility.

b.       Sanction, if appropriate.

c.        Monitoring of academic schedules or workplace schedule if needed.

d.       Short-term counseling services will be offered to each party.   

2.       If the Director of Human Resources’ recommendations are not accepted by either the Complainant or the Respondent, both may appeal and request a formal hearing.  If the Director of Human Resources recommends sanctions that s/he cannot impose (i.e., termination) the matter will automatically be set for a hearing.  A Vice President will preside over the hearing as the Presiding Officer.  The process for the hearing is outlined below:

a.       Prior to the hearing, the Complainant and the Respondent have the right to review all evidence, including written statements by the Respondent, the Complainant, or witnesses.  Strict rules of evidence do not apply.  The Standard of Evidence shall apply for the hearing.   

b.       Written notice including the date, time, and location of the hearing will be sent to all parties.

c.        At the hearing, all pertinent parties have a right to speak and be questioned by the Presiding Officer.  Cross-examination between parties is not permitted.  The College will provide options for questioning without confrontation.  Each phase of the hearing will be heard by both parties in separate rooms by use of a speaker phone.

d.       The Complainant and the Respondent are allowed to be accompanied by an advocate.  The advocate may not present on behalf of either party unless otherwise instructed to do so by the Presiding Officer.  If the Complainant or the Respondent chooses to have an advocate who is an attorney, notification must be provided to the Presiding Officer at least three (3) College business days prior to the hearing date.  In this case, the College Attorney will also be present.

e.       Both parties have a right to a written notice of the hearing outcome.

          C.       Sanctioning.

The following sanctions may be imposed for those who have violated these Procedures.

1.       Students.

a.       Verbal or Written Warning

b.       Probation

c.        Administrative withdrawal from a course without refund

d.       Required Counseling

e.       No Contact Directive

f.        Suspension

g.       Expulsion (President must impose)

h.       Other consequences deemed appropriate

                     2.       Employees.

a.       Verbal or Written Warning

b.       Performance Improvement Plan

c.        Required Counseling

d.       Required Training or Education

e.       Demotion (President may impose)

f.        Suspend with or without Pay (President must impose)

g.       Termination (President must impose)

h.       Other consequences deemed appropriate to the specific violation

Adopted: Updated June 2020

Student Due Process 3.19

Each person is afforded an opportunity to appeal what is perceived to be unfair treatment when classified as a student (See 3: Student Services-Student Definition) at Catawba Valley Community College (CVCC). The intent of the Due Process Policy is to ensure a fair and just resolution of any issue at the lowest possible level. Violations of Policy 3.18: Student Code of Conduct will be heard through Due Process procedures.

Student Advocate:

Upon the student’s request, the Director of Admission or designee will assist the student with the steps required to follow the process, including providing the CVCC Student Grievance Form and the Student Grievance Committee Review Form.

Procedure 3.19: Student Due Process

Students who have a grievance with Catawba Valley Community College (CVCC) may have their grievance reviewed in accordance with Policy 3.19: Student Due Process. A grievance for purposes of this policy is

• a grievance regarding a final course grade received;
• a grievance regarding a disciplinary action imposed; or
• a grievance of other unjust treatment.

Grievances concerning Policy 3.18.2: Sexual Violence, Sexual or Gender-based Harassment, and Other Sexual Misconduct (Title IX Violations) are addressed by using Procedure 3.18.2: Reporting and Resolving Sexual Violence, Sexual or Gender-based Harassment, and Other Sexual Misconduct (Title IX Violations).

The “event date” for purposes of this policy is as follows:

• for a grievance regarding a final course grade received, the date on which the grade was mailed to the student, made available to the student through an online portal or other electronic means, or otherwise made available to the student; 
• for a grievance regarding disciplinary action imposed, the date on which written notice of the disciplinary action was mailed or otherwise provided to the student; or
• for a grievance of other unjust treatment, the date on which the alleged unjust treatment occurred.

Steps that students must take to have their grievance reviewed are listed below. The student is not required in any step to confront alone the person who is allegedly responsible for the unjust or discriminatory treatment

Student Advocate: Upon the student’s request, the Director of Admission or designee will assist the student with the steps required to follow the process, including providing the CVCC Student Grievance Form and the Student Grievance Committee Review Form.

It is expected that all parties will adhere as strictly as possible to the time lines outlined in the steps below. However, there may be occasions when the time lines cannot be upheld as outlined. In the rare occurrence that a time line must be extended, agreement must be reached by all parties concerned. Extensions must be approved by the Executive Vice President of the College or designee. If no extension has been granted and if the college employee does not meet the processing time line, the grievance will be forwarded to the next level supervisor for action. If no extension has been granted and if the student does not meet the processing time line, the process will be terminated and the grievance cannot be resubmitted.

Student vs. Student Grievance

A student vs. student grievance may occur about alleged unjust treatment of one student(s) to another student(s).

Step 1: Student Resolution

The aggrieved student(s) should submit the completed “Student Grievance Form about Another Student” to the CVCC Student Advocate or designee within ten (10) college business days of the “event date” of the incident. The CVCC Student Advocate or designee will facilitate and attend a meeting with the aggrieved student and the student where the alleged grievance event originated within five (5) college business days of the receipt of this form. An attempt will be made to resolve the matter equitably and informally at this level.

Step 2: Dean Resolution

If the grievance is not resolved at the informal meeting in Step 1, the student(s) may initiate a Dean Resolution review by completing the student part of the Student Grievance Form and submitting it to the Dean of the School of Access, Development, and Success (ADS) within five (5) college business days of the conclusion of the Step 1 meeting. The Dean of the School of ADS will conduct an investigation into the alleged charge(s). The investigation may include interviewing the aggrieved student(s), interviewing the student(s) who is (are) perceived to have committed the alleged problem, interviewing witnesses, reviewing written statements, consulting other College officials, and other appropriate methods to make an informed decision. The Dean of ADS will respond in writing to the aggrieved student(s) and to the student(s) who allegedly caused the problem within five (5) working days of receipt of the Student Grievance Form with the decision. The Dean will also complete the Dean’s part of the Student Grievance Form and submit it to the Office of the President at the same time.

Step 3: Student Grievance Committee Resolution

If the grievance is not resolved at the Dean Resolution in Step 2, the student(s) may initiate a Student Grievance Committee review by completing the student part of the Student Grievance Committee Review Form and submitting it to the Office of the President within five (5) college business days of the receipt of the Step 2 written decision.

Following receipt of a Student Grievance Committee Review Form, a Student Grievance Committee (“the Committee”) shall be selected. The Committee membership (5 voting members and a non-voting chair) shall be as follows and shall not include any members who have had any involvement in the grievance to date:

• Committee Chair (a non-voting member): A Vice President selected by the President
• Two (2) voting representatives selected by the Committee Chair from a group of nine (9) faculty or non-credit professional staff representatives (3 from each academic school) appointed by the President
• One (1) voting representative selected by the Committee Chair from a group of two (2) Student Services counselors or admissions representatives appointed by the President
• Two (2) voting student representatives selected by the Committee Chair from the group of five (5) current SGA officers

Student vs. Faculty or Staff Grievance

Step 1: Student Resolution

The aggrieved student(s) should submit the completed “Student Grievance Form about Faculty or Staff” to the Supervisor of the Faculty or Staff within ten (10) college business days of the “event Date” of the incident. The Supervisor will facilitate and attend a meeting with the aggrieved student and the Faculty or Staff where the alleged grievance event originated within five (5) college business days of the receipt of this form. An attempt will be made to resolve the matter equitably and informally at this level.

Step 2: Supervisor Resolution

If the grievance is not resolved at the informal meeting in Step 1, the student may initiate a Supervisor Resolution review by completing the student part of the Student Grievance Form and submitting it to the Dean of the faculty or staff involved in Step 1 within five (5) college business days of the conclusion of the Step 1 meeting. The Dean will respond in writing to the student within five (5) college business days of receipt of the Student Grievance Form. The Dean will also complete the supervisor part of the Student Grievance Form and submit it to the Office of the President at the same time.

Step 3: Student Grievance Committee Resolution

If the grievance is not resolved at the Supervisor Resolution in Step 2, the student may initiate a Student Grievance Committee review by completing the student part of the Student Grievance Committee Review Form and submitting it to the Office of the President within five (5) college business days of the receipt of the Step 2 written decision.

Following receipt of a Student Grievance Committee Review Form, a Student Grievance Committee (“the Committee”) shall be selected. The Committee membership (5 voting members and a non-voting chair) shall be as follows and shall not include any members who have had any involvement in the grievance to date:

• Committee Chair (a non-voting member): A Vice President selected by the President
• Two (2) voting representatives selected by the Committee Chair from a group of nine (9) faculty or non-credit professional staff representatives (3 from each academic school) appointed by the President
• One (1) voting representative selected by the Committee Chair from a group of two (2) Student Services counselors or admissions representatives appointed by the President
• Two (2) voting student representatives selected by the Committee Chair from the group of five (5) current SGA officers

Student Group vs. Student/Faculty/Staff Grievance

Step 1: Student Resolution

The Student Group should submit the completed “Student Group Grievance Form” to the CVCC Student Advocate or designee within ten (10) college business days of the “event date” of the incident. The CVCC Student Advocate or designee will facilitate and attend a meeting with the *Student Group and the student(s), faculty, and/or staff where the alleged grievance event originated within five (5) college business days of the receipt of this form. An attempt will be made to resolve the matter equitably and informally at this level.

*The Student Group, in collaboration with the Advisor/Supervisor for the group, will select at most three (3) members in good standing to represent the grievance for the group. The group Advisor/Supervisor may be included in any meeting with others to resolve the grievance. If the grievance is about a faculty or staff member, the supervisor of the faculty or staff member may be present. 

Step 2: Dean/Supervisor Resolution

If the grievance is not resolved at the informal meeting in Step 1 and the grievance is against a student(s), the group may initiate a Dean Resolution review by completing the student part of the Student Grievance Form and submitting it to the Dean of the School of ADS within five (5) college business days of the conclusion of the Step 1 meeting. The Dean of the School of ADS will conduct an investigation into the alleged charge(s). The investigation may include interviewing the aggrieved student(s), interviewing the student(s) who is (are) perceived to have committed the alleged problem, interviewing witnesses, reviewing written statements, consulting with other College officials, and other appropriate methods to make an informed decision. The Dean of ADS will respond in writing to the aggrieved student(s) and to the student(s) who allegedly caused the problem within five (5) college business days of receipt of the Student Grievance Form with the decision. The Dean will also complete the Dean’s part of the Student Grievance Form and submit it to the Office of the President at the same time.

If the grievance is not resolved at the informal meeting in Step 1 and if the grievance is against a faculty or staff, the group may initiate a Supervisor Resolution review by completing the student part of the Student Grievance Form and submitting it to the Dean of the faculty or staff involved in Step 1 within five (5) college business days of the conclusion of the Step 1 meeting. The Dean will respond in writing to the student within five (5) college business days of receipt of the Student Grievance Form. The Dean will also complete the supervisor part of the Student Grievance Form and submit it to the Office of the President at the same time.

Step 3: Student Grievance Committee Resolution

If the grievance is not resolved at the Dean/Supervisor Resolution in Step 2, the group may initiate a Student Grievance Committee review by completing the student part of the Student Grievance Committee Review Form and submitting it to the Office of the President within five (5) college business days of the receipt of the Step 2 written decision.

Following receipt of a Student Grievance Committee Review Form, a Student Grievance Committee (“the Committee”) shall be selected. The Committee membership (5 voting members and a non-voting chair) shall be as follows and shall not include any members who have had any involvement in the grievance to date:

• Committee Chair (a non-voting member): A Vice President selected by the President
• Two (2) voting representatives selected by the Committee Chair from a group of nine (9) faculty or non-credit professional staff representatives (3 from each academic school) appointed by the President
• One (1) voting representative selected by the Committee Chair from a group of two (2) Student Services counselors or admissions representatives appointed by the President
• Two (2) voting student representatives selected by the Committee Chair from the group of five (5) current SGA officers

Procedural Responsibilities for the Committee Chair

The Committee Chair shall schedule a Review/Hearing by the Committee within five (5) working days following the receipt of the Student Grievance Committee Review Form by the Office of the President. The Chair shall inform the student with the following information:

• Restatement of the charge(s).
• Notice of the day, time, and location of the meeting.
• Statement of the student’s basic procedural rights.

Procedural Rights for the Student include the following:

• The right to counsel. The role of the person acting as counsel is solely to advise the student. The counsel shall not address the Committee nor examine or cross-examine any persons. If the counsel is an attorney, the Committee Chair must be informed to allow the College attorney to be present.
• The right to produce witnesses on one’s behalf.
• The right to present evidence.

Procedural Conduct of the Student Grievance Committee Review/Hearing:

• The Committee Review/Hearing shall be confidential and shall be closed to all persons except the following:
• The student;
• Counsel (if any); and/or
• Witnesses who shall
• Give testimony singularly and in the absence of other witnesses.
• Leave the Review/Hearing room immediately upon the completion of the testimony.
• The Review/Hearing will be recorded by the College in an audio format.
• Recordings will become the property of the College, and access to them will be determined by the Committee Chair. All recordings will be filed in the Office of the President.
• Upon completion of a Review/Hearing, the Committee shall meet in executive session to decide if the student has been treated unjustly, and if so, must recommend corrective action. Committee decisions shall be determined by a majority vote of the Committee members and are final. Decisions made by the Committee shall be provided in writing to the student by the Committee Chair within two (2) college business days following the completion of the Review/Hearing. Copies of the written decision shall be provided to the Dean of the School of ADS, to the Office of the President, and to the CVCC employees involved in Steps 1 and 2 of the grievance process. The decision rendered by the Committee will be the final decision of the institution, and all due process opportunities will be exhausted.

The following exception applies if the CVCC employee who is allegedly responsible for the unjust treatment is a Dean: In Step 2, the supervisor shall be the Executive Vice President.

The following exception applies if the CVCC employee who is allegedly responsible for the unjust treatment is a Vice President: In Step 2, the supervisor shall be another Vice President appointed by the President. In Step 3, the Committee Chair shall be the CVCC President.

The following exception applies if the CVCC employee who is allegedly responsible for the unjust treatment is the CVCC President: In Step 2, the supervisor shall be the Chair of the Board of Trustees. In Step 3, the Committee Chair shall be the Chair of the Board of Trustees.

Policy 2.16: Academic Honesty

Students at CVCC are expected to be honest in all academic pursuits, whether class, lab, shop, or clinical. Acts of academic dishonesty are considered unethical and subject to behavior sanctions. Examples of academic dishonesty include, but are not limited to, the following:

1. Sharing information about the content of quizzes, exams, classroom/lab/shop/clinical assignments (scheduled or make-up) without approval of the instructor. Sharing includes, but is not limited to, unauthorized copying, collaboration, or use of notes, books, or other materials when preparing for or completing examinations or other academic assignments (scheduled or make-up);
2. Buying, selling, or otherwise obtaining a copy of a quiz, exam, project, term paper, or like document, without approval of the faculty member;
3. Plagiarism, which is defined as the intentional representation of another person’s work, words, thoughts, or ideas (from any source) as one’s own;
4. Failing to follow approved test taking procedures by performing such acts as the following:
   1. Looking on another student’s test;   
   2. Use of unauthorized notes; (written, electronic, or otherwise);
   3. Changing answers after exam is scored; and   
   4. Verbal, non-verbal, or electronic communication with another student during an exam.

Additionally, students have an obligation to report any acts of academic dishonesty to the relevant faculty member or appropriate campus authority when reasonable grounds exist for such a report.  Students also have a responsibility to cooperate in the investigation of any alleged acts of academic dishonesty.  Failure to report acts of academic dishonesty could result in a behavior sanction as outlined in Policy 3.18: Student Code of Conduct.

Faculty members are authorized by Policy 3.18.1: Student Behavior Sanctions to impose Loss of Credit or a Grade Sanction for acts of academic dishonesty relative to classes under their supervision.

Procedure 2.16: Academic Honesty

In accordance with Policy 3.18.1: Student Behavior Sanctions, faculty have the authority to impose any of the following sanctions when it is determined that a student has violated the Academic Honesty Policy.

Warning

General Probation

Interim (Emergency) Suspension

Loss of Academic Credit or Grade

As a classroom management tool, faculty should complete the “Warning, General Probation, Interim (Emergency) Suspension, Loss of Academic Credit or Grade Form” found in the Student Forms section of the CVCC Portal. Completed forms should be submitted to the faculty supervisor

Policy 4.11: Alcoholic Beverages

The possession, sale, distribution, and/or use of alcohol on CVCC campuses/sites are prohibited. The CVCC Safety and Security Office enforces federal, state, and local laws regulating the possession, use, sale, and distribution of alcohol. North Carolina law makes it unlawful to sell, furnish, or provide alcohol to a person under the age of 21. North Carolina law also makes the possession or use of alcohol by anyone under the age of 21 illegal. Violators are subject to criminal prosecution. Legal sanctions may include fines and/or imprisonment. Student violators are subject to disciplinary action under provisions of the Student Conduct Policy. CVCC employees are subject to disciplinary action under personnel disciplinary policies. (See Policy 6.6: Regulation of Service of Alcohol)

For more information, please see CVCC Drug Free Schools and Communities Act.

Policy 4.4: Animals On Campus

Animals are not permitted on campus, with the exception of service animals.

Policy 4.4: Children on Campus

For the purposes of this policy, a child is defined as any youth under the age of 16 who is not officially registered in a CVCC class or Early College High School class.

Children accompanying employees, students, or visitors of CVCC must be under the constant supervision of a responsible adult while on CVCC property, or on the site of any approved off-campus class or other CVCC event. Employees of CVCC have assigned duties and cannot take supervisory responsibility for any unattended children of employees, students, or visitors. Children should not be unattended in any CVCC facility at any time.

CVCC assumes no responsibility or liability for children, or for any accidents or injuries to children.

Students, faculty, and staff are expected to arrange for their personal childcare away from the work site. An employee must have the approval of the supervisor to bring a child to the workplace during working hours due to an emergency situation at home. Sick children should not be brought to campus.

Children accompanying employees, students, or visitors are not permitted in classes, labs, or other learning environments.

Persons receiving CVCC services may be refused service if accompanied by a child who will be unattended during the time the patron is receiving services, or if accompanied by a child who is disruptive to CVCC operations. CVCC personnel are not expected to provide supervision of such children.

If children are left unattended, CVCC may notify law enforcement personnel and/or the Department of Social Services.

Policy 4.14: Communicable Diseases

Employees, employees of contractors or contracted services, and students who are infected with a communicable disease or who have a reasonable basis for believing they might be infected have the responsibility of reporting the infection to the personnel officer (in the case of employees and employees of contractors) or to the Dean of the School of Access, Development, and Success (in the case of students). All such information reported shall remain confidential. Only persons with a need to know will be informed.

The college will support a program of educating and informing employees and students about communicable diseases, warning signs, and protective measures through publications, seminars, and other appropriate means.

Procedure 4.14: Communicable Diseases

Persons who know, or have a reasonable basis for believing, that they are infected with a communicable disease have an ethical and legal obligation to conduct themselves in accordance with such knowledge, to protect themselves and others. Faculty and staff are urged to report information to the personnel officer and students are urged to report this information to the dean of student services.

All information shall remain confidential. Only persons with a need to know will be in­formed, and only with the direct knowledge of the employee or student.

1. Persons infected with a communicable disease shall not be excluded from enrollment or employment, or restricted in their access to Catawba Valley Community College’s services or facilities, unless medically based judgments in individual cases establish that exclusion or restriction is necessary to assure the protection and welfare of the individual or other members of the college community.
2. The assessment of an employee or employees of a contractor or contracted service with a suspected communicable disease and the final determination of that employee’s ability to remain on the job shall be made by the president, after consultation with the vice president of academic and student affairs, director of human resources, and based on recommendations from the local health authorities. If an employee or employee of a contractor or contracted service is found to have a communicable disease, the president may prohibit attendance or participating in work at the college until a letter or certificate is obtained from one or more licensed physicians and/or public health officials stating that the attendance of the employee or employee of a contractor or contracted service no longer constitutes a health risk to other employees and students at the college.
3. The assessment of a student with a suspected communicable disease and the final determination of that student’s ability to remain in college shall be made by the Dean of the School of Access, Development, and Success or designee, based upon recommendations from local health authorities. If a student is found to have a communicable disease, the Dean of the School of Access, Development, and Success or designee may prohibit attendance at the college until a letter or certificate is obtained from one or more licensed physicians and/or public health officials stating that the attendance of the student no longer constitutes a health risk to employees and other students at the college.
4. Education about communicable diseases is contained in the CVCC Hazard Communication Program which includes Blood Borne Pathogens information. This is required training for all CVCC employees and is located on the CVCC Human Resources web page and in written form in the H.R. office.

CVCC CAMPUS HEALTH PROCEDURE

Purpose

This health procedure will serve as a guide to making decisions, plans, and actions that are undertaken to achieve specific health care goals within the CVCC campus community. This procedure will outline priorities and the expected roles of different groups; and it builds consensus and informs people.

Scope

This procedure will be put into practice when an individual displaying a physical illness or mental illness causes a concern that the campus community could be placed at risk. Any CVCC employee or volunteer who becomes aware of a circumstance that could place the campus community at risk should immediately report the situation to the Office of Safety, Security and Health.

Procedure Objectives

1. To establish and maintain a committee to focus on plans and actions to achieve the desired health care goals within the CVCC Community. The committee will be appointed by the Chief of Staff, Safety, Security and Health or designee and approved by the President of the college. It is suggested that the committee consist of the following: Chief of Staff, Safety Security and Health or designee. Dean, School of Access, Development and Success, Public Information Officer or designee, Counselor for Students with Disabilities and Special Programs or designee, a member of the CVCC Crisis Intervention Team, Department Head School of Nursing or designee and the HR Director or designee.
    
2. The committee shall be tasked with providing a standard of best practice(s) as it pertains to prevention and control of health related issues that affect the campus community.
    
3. The committee shall ensure that all necessary/required information is gathered and provided to the campus community in a timely manner.
    
4. The committee will abide by the mandatory standards set forth by government regulatory agencies such as but not limited to OSHA and CDC.
    
5. The committee will be tasked with making a recommendation to the employee or employee of a contractor to remain on campus while the health issue is being addressed. If the person is an employee or an employee of a contractor the recommendation shall be forwarded to the college president or designee, who will make the final determination if the individual can remain on campus while the health related issue(s) is being addressed. If the individual is a student, the recommendation will be provided to the Chief of Staff, Safety, Security and Health or his designee, who will make the final determination if the individual can remain on campus while the health related issue(s) is being addressed.

Every effort will be made to keep the individual employed/enrolled on campus. However, the welfare of the campus community must take precedence.

Every effort will be made to allow a student to continue attending courses on campus. If this is not possible, efforts will be made to allow the student to access courses through a web-based learning platform.

The Dean of the School of Access, Development and Success may decide not to allow the student to return to campus until a letter or certificate is obtained from a licensed physician and/ or public health official stating the student no longer poses a risk to the campus community.

Policy 4.20: Copyright

As an institute of higher education, Catawba Valley Community College supports an environment which fosters inquiry through the creation and dissemination of knowledge. All CVCC employees and students shall comply with the » U.S. Copyright Law.

Fair Use Guidelines

In compliance with Title 17, college employees and students are permitted to copy and disseminate copyrighted work if it meets the following factors as outlined in U.S. Copyright Law, Title 17 § 107:

1. The purpose and character of the use, including whether such use is of a commercial nature or is for nonprofit educational purposes;”
   • Note: In general, nonprofit or educational uses of copyrighted works are protected under the fair use policy. However, simply because a work is being used within an educational setting does not automatically deem it to be fair use.
2. “The nature of the copyrighted work;”
   • Note: Fair use is more apt to be applied to informational work (including facts) rather than creative works (fictional works, plays, or art).
3. “The amount and substantiality of the portion used in relation to the copyrighted work as a whole; and”
   • Note: As the percentage use of a copyrighted work increases, the likelihood that the use will be considered fair use decreases.
4. “The effect of the use upon the potential market for or value of the copyrighted work.”
   • Note: The dissemination of copyrighted works must not infringe upon the copyright owner’s right to proprietary benefits.

In accordance with U.S. Copyright Law, Title 17, college employees and students are bound by this policy and federal law to seek the approval of the copyright owner prior to reproducing, displaying, disseminating, performing, or digitally transmitting any copyrighted work, unless exempt by fair use law.

Face-to-Face Instruction

In accordance with U.S. Copyright Law, Title 17, §110(1), college faculty and students (within a traditional classroom setting) are permitted to perform (movies, plays, music, etc.) and to display (art, images, photographs, text, etc.) from legally made (non-pirated) sources.

On-line Teaching

Due to the ubiquitous nature of the online teaching environment, there are three options to using copyrighted material in an online environment legally:

1. The information that is being posted on-line complies with the U.S. Copyright Law, Title 17, §110(2).
2. the use of the copyrighted material qualifies as fair use, and
3. the user has obtained permission from the copyright owner.

Computer Software

Except for open source software, it is illegal to copy any computer software without purchasing the rights to that software.

Policy 4.10: Firearms

Except for law enforcement officers duly authorized to carry a firearm and/or weapon, the possession of a firearm and/or other weapon on any CVCC campus/site is illegal under North Carolina law and is prohibited except as follows:

Under a provision effective October 1, 2013 enacted by the North Carolina General Assembly, a firearm is permissible on a CVCC campus/site only under the following limited circumstances:
 
1. The firearm is a handgun; AND

2. The individual has a valid concealed handgun permit or is exempt from the law requiring a permit; AND

3. The handgun remains in either: a closed compartment or container within the individual with the permit’s locked vehicle; or a locked container securely affixed to the individual with the permit’s locked vehicle; AND

4. The vehicle is only unlocked when the individual with the permit is entering or exiting the vehicle; AND

5. The firearm remains in the closed compartment at all times.

6. A weapon used solely for educational or school sanctioned ceremonial purposes, or used in a school approved program conducted under the supervision of an adult, whose supervision has been approved by the school authority may be allowed (for example, gunsmith class). 

A weapon used solely for educational or school sanctioned ceremonial purposes, or used in a school approved program conducted under the supervision of an adult, whose supervision has been approved by the school authority may be allowed. 
 

Policy 4.4: Free Speech, Public Assembly, and Distribution/Petitioning

Consistent with its educational mission, CVCC encourages the free exchange of ideas on campus, while assuring that other important CVCC interests and activities are not infringed upon or disrupted. CVCC recognizes the value of providing students, faculty, staff and others the opportunity to assemble and communicate with one another, as well as to distribute informative printed material to members of the CVCC community. CVCC is committed to protecting First Amendment rights of individuals and supports reasonable opportunity for people to distribute printed materials and to engage in other forms of expression and assembly on campus (collectively termed “expression activities” for purposes of this policy). CVCC will not make decisions or take action based on the content of expressive activities on campus.  Except with respect to commercial expression, and expression constituting obscenity, defamation, fighting words, or incitements to violence or other lawless action which are reasonably likely to produce such lawless action imminently, which the Supreme Court has held constitute content which can be prescribed. However, the President shall establish restrictions, unrelated to the content of noncommercial expression, on the time, place and manner of use of CVCC facilities for expression activities so that other important CVCC interests and activities are not infringed upon or disrupted.  Such restrictions shall be published as part of the procedures for obtaining authorization to use CVCC facilities for expression activities. All persons engaging in expression activities must observe such restrictions. Failure to comply with established restrictions may result in sanctions including, but not limited to, charges of trespass and forfeit of the right to use CVCC facilities for further expression activities.

Unlawful conduct is not permitted. Unlawful conduct is conduct that is prohibited by Federal, State, or local law or regulation, or that violates one or more rights of a person or entity under the common law of North Carolina.

In order to provide opportunity for access to multiple and diverse persons/groups, the President (or designee) may establish procedures and/or guidelines to regulate use by a single person/group.

Individuals have the right to dissent to the expression activities of another. However, such right to dissent shall not interfere with the authorized expression activities of another and need not occupy the same forum at the same time.

Use of public address systems or amplified sound is not permitted.

Duly authorized persons/groups may distribute printed materials by hand within designated areas on the condition that such material is for informational (not commercial) purposes. Such persons/groups shall be responsible for any clean-up costs associated with the distribution of such materials. Printed materials may not be distributed through CVCC’s internal mail system.

Persons/groups utilizing CVCC facilities must comply with CVCC Policy 6.2 (Use of CVCC Facilities, Approval, Fees, Appropriate Use).

CVCC reserves the right to immediately terminate any expression activities otherwise permitted by this policy if in the judgment of CVCC officials, continuation of such activities will result in: (a) danger to participants or others; (b) unlawful conduct by participants or others; or (c) interference with disruption or disturbance of the CVCC’s educational mission, operations, business, or functions.

Procedures for Obtaining Authorization to Use CVCC Facilities for Non-Commercial Expression Activities

These procedures have been established in accordance with the CVCC Policy titled Free Speech, Public Assembly, and Distribution/Petitioning.

Authorization for Expression Activities must be obtained from the Chief of Staff (the office of Safety/Security).  The Chief of Staff shall document such authorization on a Non-Commercial Expression Activities Authorization Form (“Form”) and provide such Form to person(s) authorized. Persons engaging in Expression Activities must have such Form available for verification upon request by CVCC Officials or law enforcement officers.

A written request for authorization must be received by the Vice President sufficiently in advance of the requested activities to permit appropriate planning on the part of CVCC. Such planning at a minimum would include an assessment of the impact on normal CVCC operations and previously scheduled activities, the need for additional security, and the availability of locations requested for the expression activities. The length of time required for such planning by CVCC will vary depending on the complexity of the expression activities requested, the number of persons involved, the number of locations involved, and the potential for such activities to create a disruptive and/or dangerous environment. Such request must include the following information.

• Date(s) and times for Expression Activities
• Person or persons to be engaging in Expression Activities
• A brief description of the subject matter of the intended expression for the sole purpose of identifying any parties who request an authorization for use of the CVCC facilities for dissenting Expression Activities and appropriately planning for any potential interaction among multiple groups engaged in Expression Activities and a statement that the Expression Activities are not intended to include any commercial expression or any expression constituting obscenity, defamation, fighting words, or incitements to violence or other lawless action which are reasonable likely to produce such lawless action imminently, which the Supreme Court has held constitute content which can be prescribed. 
• A statement agreeing to comply with the CVCC Policy titled Free Speech, Public Assembly, and Distribution/Petitioning (Policy 4.4)

The President has established the following restrictions regarding Expression Activities.

1. Expression Activities may only be conducted in locations that will not disrupt the normal operations of CVCC or activities previously scheduled by CVCC.
2. Expression Activities may not be conducted at times when CVCC is closed. These closed times at a minimum would normally include 10 p.m. to 7 a.m. Monday through Saturday, all day on Sundays, and days identified in the CVCC institutional calendar as institutional holidays.

If in CVCC’s planning for requested expression activities it is determined that additional security or other resources will be needed, then authorization may be contingent upon those requesting agreeing to bear the costs incurred for those additional resources.

Policy 4.12: Illegal Drugs

Catawba Valley Community College fully complies with The Drug-Free Schools and Communities Act Amendments of 1989 that amends the Higher Education Act (34 CFR 86). The possession, sale, manufacture, or distribution of controlled substances on CVCC campuses/sites is prohibited. The CVCC Safety and Security Office enforces federal, state, and local laws making the possession, use, sale, and distribution of controlled substances illegal. Violators are subject to criminal prosecution. Legal sanctions may include fines and/or imprisonment. Student violators are subject to disciplinary action under provisions of the Student Conduct Policy. CVCC employees are subject to disciplinary action under the personnel disciplinary policies.

For more information, please see CVCC Drug Free Schools and Communities Act​.

Policy 4.21: Intellectual Property Rights and Students

CVCC owns all rights to its logo, seal, and other related materials.

CVCC retains the right to use student work produced as a part of class assignments for non-profit educational purposes.

Policy 4.9: Parking

Employees, students, and visitors are expected to park in designated parking spaces only. Handicapped parking spaces and fire lanes are designated and are regulated by NC General Statutes. Student and visitor parking shall be in lots so designated. Students, faculty, and staff parking will be unreserved and will require a parking hang tag. Restricted use parking spaces are marked with permanent signage and include Wounded Warrior, Promise Scholar Faculty, Dental Clinic, Maintenance, and Security. Other specifically restricted use parking spaces are marked with a traffic cone and are designated on a temporary basis. Vehicles parked in areas not designated for parking may be ticketed and/or towed at vehicle owner expense. CVCC will not be responsible for vehicles damaged while parked on the school premises, during towage, or while being stored.

Employees, students, and visitors who need access to restricted use parking spaces should contact the Office of Safety and Security for information related to these spaces.

Unauthorized vehicles parked in restricted use parking spaces may be ticketed and/or towed at vehicle owner expense. CVCC will not be responsible for vehicles damaged while parked on the school premises, during towage, or while being stored.

Policy 4.4: Solicitation

For purposes of this policy, solicitation is an oral or written request/notice for, or effort to achieve, a contribution, a donation, or a sale/purchase of goods or services on any property owned, leased, or under the jurisdiction of CVCC.

Solicitation for commercial (for profit) purposes that is not a routine and necessary part of CVCC’s normal operations, activities, or functions is restricted as to time, place, and manner and must be approved in accordance with procedures established by the President (or designee). Such solicitation may not utilize state property. Such solicitation must not interfere or disrupt the normal operating and learning environment at CVCC. Fees for use of building or grounds space may be assessed.  Specifically prohibited is the distribution of printed solicitation material on parked vehicles and on CVCC bulletin boards.

CVCC students and employees may utilize certain bulletin boards designated by the President (or designee) to advertise the sale of used personal items. The President (or designee) shall establish procedures and guidelines for such usage.

Solicitation for charitable, community service, not-for-profit, or civic purposes must be approved in accordance with procedures and guidelines established by the President (or designee). Such solicitation must not interfere or disrupt the normal operating and learning environment at CVCC.

Policy 4.13: Tobacco Products

The use of tobacco products (including cigarettes, e-cigarettes, cigars, pipes, smokeless tobacco) is prohibited on all CVCC campuses (including CVCC buildings, grounds, and parking lots). The prohibition applies to all individuals including staff, students, employees, visitors, patrons, vendors, and/or their agents. (effective August 1, 2009)

Policy 4.15: Self-Administered Prescription Medicines

CVCC personnel and students who are diabetic or who have other health problems may be required to self-administer insulin or other medications while on campus. In this process, materials may be generated that are contaminated with blood and body fluid. Improper disposal of this waste can place employees and students at risk of contracting blood borne diseases.

All employees and students who self-administer prescription medications are required to keep all used and/or contaminated materials in their possession while on campus and transport these materials to their home or other locations for proper disposal. Individuals who fail to follow these procedures will be subject to appropriate disciplinary action.

Policy 4.4: Visitors on Campus

Visitors are defined as anyone other than CVCC personnel, officially enrolled students, members of the Board of Trustees, and members of the CVCC Foundation Board.

Visitors are permitted (and welcomed) on CVCC property for participation in or attendance at CVCC sponsored or approved activities/events and for use of the CVCC library facility. Visitors may be granted permission to visit a class(es) on a limited basis for a specific purpose. These visits must be authorized in advance of the class according to Class Visit Procedures.  

Employers wishing to recruit on campus must coordinate their visit with the Director of Career Services or the Director of the Alexander Center for Education.

Media representatives are encouraged to inquire with the Public Information Officer prior to interviewing, photographing or videotaping employees or students on the various CVCC campuses. See also CVCC policy 4.2 (Authorized Spokesperson).

Visitors must comply with all other CVCC policies including the CVCC policy on free speech, public assembly, distribution/petitioning, and the CVCC policy on solicitation.

Visitors may be required to provide personal identification to CVCC officials or campus security. Visitors who do not comply with requests for identification, or who interfere with the normal operations, functions, or learning environment of CVCC, will be asked to leave. Individuals who refuse to leave will be considered trespassing and will be subject to arrest. CVCC shall not be held responsible for accidents or injuries to visitors who are in violation of CVCC policies.