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Catalog

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    Catawba Valley Community College
   
 
  Sep 25, 2017
 
 
    
Catawba Valley Community College 2017-2018 General Catalog

Student Code of Conduct


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:
    1. Disruption or obstruction of teaching, research, administration, disciplinary proceedings, or other on- or off-campus college-authorized activities;
    2. 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;
    3. 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.
    4. 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;
    5. Violation of state or College regulations regarding the operation and parking of motor vehicles. See Policy 4.9: Parking Policy;
    6. 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;
    7. Forgery, altering, or misusing College documents, records, or instruments of identification with intent to deceive;
    8. 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;
    9. Gambling on the College campus or at College-sponsored functions off-campus;
    10. 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;
    11. Violating the terms of any disciplinary sanction or any College regulation during the period of disciplinary sanction;
    12. 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;
    13. 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.
    14. Failure to comply with 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 in 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. Discriminatory harassment in the educational context refers to verbal or physical conduct of a similar nature directed at a student, which has the purpose or effect of unreasonably interfering with one’s freedom by creating an intimidating, hostile, humiliating, or sexually (see Policy 3.18.2) offensive academic environment.

    The following is a partial list of unwelcome, unwanted behavior, which when based upon one’s race, color, religion, national origin or ethnicity, sex/gender identity (see Policy 3.18.2), religion, creed, age, disability (see Policy 3.7), veteran or active military status, genetic characteristics, or any other category protected by law under Title VII and/or Title IX may be considered discriminatory harassment:
    • Verbal or physical conduct that denigrates or shows hostility or aversion toward an individual or group;
    • Epithets, slurs, negative stereotyping, or threatening, intimidating, or hostile acts;
    • Written or graphic material that denigrates or shows hostility or aversion toward an individual or group, including the display of objects, pictures, posters, cartoons, websites, and any form of electronic communication.
  8. Violation of CVCC policies including those regarding the use and/or possession of
    1. firearms or other weapons as described in Policy 4.10: Firearms/Weapons Possession;
    2. alcoholic beverages as described in Policy 4.11: Alcoholic Beverages;
    3. illegal drugs or controlled substances as described in Policy 4.12: Illegal Drugs/Controlled Substances;
    4. and/or 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: Title IX Violations: Sexual Violence, Sexual Harassment, and Other Sexual Misconduct are governed by that policy and handled under Procedure 3.18.2: Reporting and Response to Title IX Violations: Sexual Violence, Sexual or Gender-based Harassment, and Other Sexual Misconduct.

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 his/her 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.

  1. 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.
  2. 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.
  3. 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 online 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.

  1. 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.
     
  2. The President, Vice Presidents, and the Dean of the School of Access, Development, and Success (ADS) have the authority to impose the following sanctions.
  3. 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.
  4. 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).
  5. Restitution: Paying for damaging, misusing, destroying, or losing property belonging to the College, College personnel, or students.
  6. Withholding transcript, diploma, or right to register or participate in commencement ceremonies: Imposed when financial obligations are not met. (Student will not be allowed to register until all financial obligations are met.)
  7. 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.
  8. 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.
  9. 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.
  10. 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.
  11. 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
    1. Complete the Student Conduct Violation Report, 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.
    2. 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:
      1. Name of the student(s) being charged
      2. The alleged specific violation(s) of the Code of Conduct
      3. The time, place, and date of the violation
      4. Names of any person(s) directly involved and/or witness(es) to the alleged violation
      5. Any action taken that relates to the alleged violation
      6. Desired solutions to the violation
    3. 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:
      1. Name of the student(s) being charged
      2. The alleged specific violation(s) of the Code of Conduct
      3. The time, place, and date of the violation
      4. Names of any person(s) directly involved and/or witness(es) to the alleged violation
      5. Any action taken that relates to the alleged violation
    4. 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:

  1. Drop the charge(s)
  2. Impose a disciplinary sanction consistent with those listed in Policy 3.18.1: Student Behavior Sanctions
  3. Refer the student to a College office or community agency for services.
  1. 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.
  2. 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 Title IX Violations

“Title IX Violations” is the term that will be used to include “sexual violence, sexual or gender-based harassment, and other sexual misconduct” throughout Policy 3.18.2.

Policy 3.18.2 applies exclusively to Title IX Violations allegations. All other forms of harassment and/or discrimination are handled under Policy 3.18: Student Code of Conduct.

Catawba Valley Community College (CVCC) is committed to the maintenance of an environment that is supportive of its primary educational mission and free from Title IX Violations. CVCC intends to comply with Title IX of the Education Amendments of 1972, 20 U.S.C. § 1681 et seq., and its implementing regulations, 34 C.F.R. Part 106. CVCC will not tolerate acts of Title IX Harassment in any of its forms, including, but not limited to, sexual or gender-based harassment, rape, sexual assault, other forcible and non-forcible sex offenses, domestic or dating violence, or stalking, and supports this policy for students, faculty, and staff. All actions taken to investigate and resolve complaints through this process will be conducted in a manner that preserves confidentiality to the greatest extent possible under the circumstances, without compromising the thoroughness of the investigation. Further, CVCC sponsors prevention, intervention and education programs specifically addressing Title IX Violations offenses in compliance with Title IX legislation. CVCC does not intend for this policy to infringe upon any First Amendment or academic freedom protections available to members of the CVCC community.

Information and awareness programs are offered at various times through a variety of events throughout the year. CVCC recognizes the importance of assisting individuals who are victims of Title IX Violations and helping them to regain a sense of personal control over their lives and decisions.

Procedure 3.18.2 Reporting and Response to Title IX Violations: Sexual Violence, Sexual or Gender-based Harassment, and Other Sexual Misconduct is the procedure to be used for reporting of and responding to Title IX Violations and is available on the CVCC website, in Student Services, and in the Human Resources Office.

Inquiries concerning Title IX compliance should be referred to the Title IX Coordinator, who is charged with the oversight of all Title IX claims. The CVCC President has the authority to designate the Title IX Coordinator and Deputy Title IX Coordinators, and to change them as needed. Their specific identities and contact information are posted prominently on the CVCC website.

Definition of Sexual or Gender-based Harassment

Sexual harassment is a form of sex discrimination and refers to direct or implied requests for sexual favors by one who has the power or authority to influence a student’s academic record or to compromise one’s full and unfettered participation in the CVCC community, academically, and otherwise. Gender-based harassment may involve acts of verbal, nonverbal, or physical aggression, intimidation, or hostility based on sex or sex-stereotyping, even if those acts do not involve conduct of a sexual nature and includes any other conduct that has the purpose or effect of unreasonably interfering with one’s freedom by creating an intimidating, hostile, humiliating, or sexually offensive academic environment.

While in some cases individuals may make sexual comments or jokes or personal advances without intending harm, such actions can be unwanted, threatening, and perceived as harassment. Stopping sexual or gender-based harassment in its many forms requires an increased awareness by everyone at the College of the impact that such actions may have on others. The following is a partial list of unwelcome, unwanted behavior, which may be considered sexual or gender-based harassment:

  • Unwelcome sexual advances or propositions – whether they involve physical touching or not;
  • Written or verbal sexual epithets, jokes, or references to sexual conduct, gossip regarding one’s sex life;
  • Written or verbal abuse of a sexual nature, use of sexually degrading, or vulgar words to describe an individual;
  • Leering, whistling, brushing against another’s body, sexual gestures;
  • The display of sexually suggestive objects, pictures, posters, cartoons, websites, and any form of electronic communication;
  • Comments about an individual’s body or appearance, or regarding one’s sex life, experience, sexual prowess, or sexual deficiencies;
  • Asking questions about sexual conduct or probing into one’s sex life or relationships; and
  • Harassment consistently targeted at only one sex, even if the content of the verbal abuse is not of a sexual nature.

Definitions of Sexual Violence and Other Sexual Misconduct

  • Intimate Partner Violence (IPV): the overarching term used to address any form of domestic or dating violence.
  • Stalking: engaging in a course of conduct directed at a specific person that would cause a reasonable person to: (a) fear for his or her safety or the safety of others; or (b) suffer substantial emotional distress.
  • Sexual Violence: any non-consensual sexual contact including penetration.
  • Victim/Survivor: the person who has experienced IPV, stalking, and/or sexual violence
  • Alleged Perpetrator: an individual who the victim/survivor identifies as having perpetrated IPV, stalking, or sexual violence.
  • Reporting Party: a victim/survivor who has notified CVCC that sexual misconduct/violence has occurred.
  • Responding Party: the individual who the reporting party identifies as having perpetrated sexual misconduct/violence
  • 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.
  • Dating Violence: violence committed by a person (a) who is or has been in a social relationship of a romantic or intimate nature with the victim; and (b) where the existence of such a relationship shall be determined based on: (i) the length of the relationship; (ii) the type of relationship; and (iii) the frequency of interaction between the persons involved in the relationship.
  • Domestic Violence: felony or misdemeanor crimes of violence committed by a current or former spouse of the victim, by a person with whom the victim shares a child in common, by a person who is cohabitating with or has cohabitated with the victim as a spouse, by a person similarly situated to a spouse of the victim under the domestic or family violence laws of the jurisdiction or by any other person against an adult or youth who is protected from the person’s acts under the domestic or family violence laws of the jurisdiction.
  • Forcible Sex Offenses: any sexual act directed against another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent.
    • Forcible Rape: the carnal knowledge of a person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent because of temporary or permanent mental or physical incapacity (or because of youth).
    • Forcible Sodomy: oral or anal sexual intercourse with another person, forcibly and/or against that person’s will; or not forcibly against the person’s will where the victim is incapable of giving consent because of youth or because of temporary or permanent mental or physical incapacity.
    • Sexual Assault with an Object: the use of an object or instrument to unlawfully penetrate, however slightly, the genital or anal opening of the body of another person, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent because of youth or because of temporary or permanent mental or physical incapacity.
    • Forcible Fondling: the touching of the private body parts of another person for the purpose of sexual gratification, forcibly and/or against that person’s will; or not forcibly or against the person’s will where the victim is incapable of giving consent because of youth or because of temporary or permanent mental incapacity.
  • Non-Forcible Sex Offenses: unlawful, non-forcible sexual intercourse.
    • Incest: non-forcible sexual intercourse between persons who are related to each other within the degrees wherein marriage is prohibited by law.
    • Statutory Rape: non-forcible sexual intercourse with a person who is under the statutory age of consent.

Unprofessional Relationships; Consensual Relationships

It is a serious breach of professional ethics for faculty or other employees to initiate or acquiesce in a sexual relationship with a student who is under the personal supervision of the faculty or other employee. Therefore, CVCC prohibits consensual sexual relationships between faculty or other employees and a student enrolled in a course taught by the faculty or whose work, academic or otherwise, is supervised by the faculty or employee. This applies even when both parties appear to have consented to the relationship.

A faculty member or employee who currently has, or has previously had, a consensual sexual relationship with a student should not enter into, or should immediately disengage from, a supervisory relationship with that person. The burden to disengage from the supervisory relationship falls equally on both parties; however, CVCC will take all reasonable available measures, based on the circumstances, to arrange for alternate methods of instruction or supervision for the student. In most cases, this will be accomplished by having the faculty or employee disclose to the immediate supervisor the nature of the relationship.

In accordance with NC General Statues § 14-27.7(b), criminal charges can result when faculty or other employees engage in sexual relationships with minors.

Victim/Survivor/Reporting Party Rights

  • To have all incidents and medical records kept confidential;
  • To be treated without prejudice based upon race, color, religion, national origin or ethnicity, sex/gender identity, religion, creed, age, disability, veteran or active military status, genetic characteristics, or any other category protected by law under Title VII and/or Title IX;
  • To receive private and confidential examination/treatment for personal injuries, sexually transmittable disease, and pregnancy;
  • To be considered as credible as a person reporting any other crime;
  • To be made aware of the options available through the College and the judicial system;
  • To receive emotional and psychological support and advocacy;
  • To, or not to, notify and seek assistance from law enforcement and campus authorities;
  • To prosecute or not to prosecute;
  • To receive current information on community and campus resources;
  • To answer only those questions relevant to the crime;
  • To freedom from harassment;
  • To have judicial no-contact, restraining, and protective orders complied with in accordance with court directives.

Accommodations may include but are not limited to the following: 

  1. Feasible class schedule adjustment (without academic or financial penalty) as necessary to minimize the potential for contact with the alleged perpetrator or those associated with the alleged perpetrator;
  2. Arranging for the Reporting Party to have extra time to complete or re-take a class or withdraw from a class without an academic or financial penalty;
  3. Academic Support Services.

Standards for Investigation

In addition to the due process procedures outlined in Procedure 3.18.2: Reporting and Response to Title IX Violations: Sexual Violence, Sexual or Gender-based Harassment, and Other Sexual Misconduct, the following “Standards for Investigation” shall be followed in regards to Title IX Violations.

  1. The complaint will be decided using a preponderance of evidence standard, i.e., it’s more likely than not that Title IX Violations occurred.
  2. The reporting party and responding party will be entitled to the same opportunities to have others present during an institutional disciplinary proceeding, including the opportunity to be accompanied to any related meeting or proceeding by an advisor of their choice.
  3. The reporting party and responding party will be notified in writing of the outcome of the complaint simultaneously.

Confidentiality

Adhering to confidentiality is extremely important at CVCC. CVCC will take all necessary steps to protect the identity of the reporting party.  There may be some incidents or information that cannot be kept confidential. The staff of CVCC will notify the reporting party when information cannot be kept confidential.

If the reporting party requests confidentiality and decides not to file charges in a Title IX Violations case, an anonymous report of the incident must be made in order to comply with the Clery Act (campus crime reporting).

Counselors are available via third party community agencies to talk to the Reporting Party in confidence.

Protection against Retaliation

Retaliation is a very serious violation of Policy 3.18.2: Title IX Violations: Sexual Violence, Sexual or Gender-based Harassment, and Other Sexual Misconduct and should be reported immediately to the Title IX Coordinator. Retaliation, whether by the alleged wrongdoer or other individuals, can take any of many forms. Retaliation is defined as any materially adverse action that might well have dissuaded a reasonable person from making or supporting a complaint of Title IX Violations. A complaint’s actual or perceived lack of merit does not excuse retaliatory conduct. 
 
Retaliation against any individual for reporting Title IX Violations or against one who participates in an investigation will not be tolerated. In responding to reports of retaliation, the College will conduct a prompt, thorough and impartial investigation and will take appropriate remedial measures.

False Accusation

CVCC recognizes that the question of whether a particular course of conduct constitutes Title IX Violations requires a factual determination. The College also recognizes that false accusations can have serious effects on innocent persons. If, after investigation, it is clear that a person who has accused another of Title IX Violations maliciously or recklessly made a false accusation, the accuser will be subject to appropriate disciplinary action, up to and including expulsion. In such an event, the College will also take appropriate action to restore the reputation of the accused

» See Procedure 3.18.2: Reporting and Response to Title IX Violations: Sexual Violence, Sexual or Gender-based Harassment, and Other Sexual Misconduct to report an act of Title IX Violations.

Procedure 3.18.2: Title IX Violations: Reporting and Response to Sexual Violence, Sexual or Gender-based Harassment and Other Sexual Misconduct

“Title IX Violations” Is the term that will be used to include “sexual violence, sexual or gender-based harassment, and other sexual misconduct” throughout Procedure 3.18.2.
Procedure 3.18.2 applies exclusively to Title IX Violations allegations. All other forms of harassment and/or discrimination are handled under Policy 3.18: Student Code of Conduct.
Students and/or employees are encouraged to report Title IX Violations in any of its forms, including, but not limited to, sexual or gender-based harassment, rape, sexual assault, other forcible and non-forcible sex offenses, domestic or dating violence, or stalking, and CVCC supports this procedure for students and employees in compliance with Title IX legislation.

Definitions:

  • Victim/Survivor: the person who has experienced Title IX Violations
  • Alleged Perpetrator: an individual who the victim/survivor identifies as having perpetrated Title IX Violations
  • Reporting Party: a victim/survivor who has notified CVCC that Title IX Violations have occurred.
  • Responding Party: the individual who the reporting party identifies as having perpetrated Title IX Violations

Guidelines for Students:

Students who believe they have been victims of Title IX Violations that involve sexual assault should do the following as soon as possible in order to ensure the preservation of evidence:

  • Go to a safe place.
  • Do not shower or bathe.
  • Do not urinate, if possible.
  • Do not eat, drink, smoke or brush your teeth if oral contact took place.
  • Do not destroy or wash the clothes you were wearing. If you change, place your clothes in a paper bag.
  • Contact Campus Security, local law enforcement (Catawba County Sheriff’s Department, Catawba Police Department, Claremont Police Department, Hickory Police Department, Maiden Police Department, Longview Police Department, Newton Police Department, Alexander County Sheriff’s Department, or Taylorsville Police Department) or the Title IX Coordinator. The filing of a report does not obligate the victim/Reporting Party to pursue charges, but does make filing of charges easier at a later date.
  • Seek medical treatment immediately (preferably within 72 hours).

Guidelines for Faculty/Staff:

College employees will observe the following guidelines when responding to a report of Title IX Violations:

  • Assess the Reporting Party’s well-being, render aid, and express concern and assurance.
  • Notify the Title IX Coordinator and/or the Director of Campus Safety and Security.
  • Do not question the Reporting Party about the details of the incident; other trained personnel will do this.
  • Make sure the Reporting Party is in a secure place.

Be aware of the following:

  • Do not touch, move or collect any evidence unless that evidence may be lost if you do not. If you have to collect evidence, record the following information:
    1. Item seized,
    2. Time seized, and
    3. Location seized.
  • If evidence is given to you, record the following information:
    1. The person’s name, address, telephone number and date of birth,
    2. The item given to you,
    3. The time and location where the person seized the item,
    4. The time you received the item, and
    5. Document chain of custody of the evidence.
  • Encourage the Reporting Party to seek medical treatment (preferably within 72 hrs.)
  • Assist law enforcement or medical personnel responding to the incident as needed.

Reporting Title IX Violations:

  1. Victims/Reporting Party(ies) of Title IX Violations are encouraged to file a report with campus security and/or local law enforcement. The filing of a report does not obligate the Reporting Party to pursue charges, but does make the filing of charges easier at a later date.
     
  2. Any person who believes that he or she is being, or has been subjected to, Title IX Violations is encouraged to file a report of the alleged Title IX Violations promptly with the Title IX Coordinator, a Deputy Title IX Coordinator, a Responsible Employee, or any CVCC employee.
    • The Title IX Coordinator is designated by the CVCC President to be the Dean of the School of Access, Development, and Success (ADS).
    • CVCC has designated Responsible Employees to be the Vice-presidents, Deans, Department Heads, and Directors. All employees have the duty to report incidents of Title IX Violations to the Title IX Coordinator.
    • The CVCC President has the authority to designate the Title IX Coordinator and Deputy Title IX Coordinators, and to change them as needed. Their specific identities and contact information are posted prominently on the CVCC website.
  3. If the Reporting Party does not wish to pursue action with the College or the judicial system, the Reporting Party may make an anonymous report. With the Reporting Party’s permission, the College can file a report on the details of the incident without revealing the Reporting Party’s identity. This type of anonymous report helps to ensure the future safety of the Reporting Party and others. With such information, the College can keep accurate records about the number of incidents involving students, determine where there is a pattern of assaults with regard to a particular location, method, or assailant, and alert the campus community to potential danger.

Investigation Procedures:

The College’s complaint procedure provides for an immediate, thorough and objective investigation of the sexual misconduct/violence. 

Standards for Investigation

The following “Standards for Investigation” shall be followed in regards to allegations of Title IX Violations.

  1. The complaint will be decided using a preponderance of evidence standard, i.e., it’s more likely than not that Title IX Violations occurred.
  2. The Reporting Party and the Responding Party will be entitled to the same opportunities to have others present during an institutional disciplinary hearing, including the opportunity to be accompanied to any related meeting or proceeding by an advisor of their choice.
  3. The Reporting Party and the Responding Party will be notified in writing of the outcome of the complaint simultaneously.
  4. Every effort will be made to resolve the complaint in no more than 60 days. This timeline may be adjusted due to factors beyond the control of the college or at the mutual consent of the Reporting Party and the Responding Party.
  1. Complaint: When making a complaint of Title IX Violations, the Reporting Party should be prepared to provide the following information to the Title IX Coordinator:
    • Name of the student who is (was) being victimized,
    • The name of the person(s) committing the Title IX Violations,
    • The specific nature of the Title IX Violations and/or
    • Whether the Reporting Party has previously reported such Title IX Violations, and if so, when and to whom
  2. Charges/Notification

    The Title IX Coordinator will notify the alleged perpetrator (Responding Party) of the charge(s) via CVCC student email, certified mail to the address in the student database, or in person.

    Notification will include the following:
    1. Name of the student(s) being charged-the Responding Party,
    2. The name of the person(s) committing the Title IX Violations,
    3. The specific nature of the Title IX Violations and/or
    4. Whether the Reporting Party has previously reported such Title IX Violations, and if so, when and to whom.
       
  3. Investigation/Decision

    As part of the investigation and in compliance with Title IX the College will determine:
    • whether or not the Title IX Violations occurred; and
    • if the Title IX Harassment conduct occurred, what actions the school will take to end the Title IX Violations.

Four things must occur during the campus investigation:

  1. The Title IX Violations must stop immediately.
  2. The hostile environment must be eliminated.
  3. Recurrence must be prevented.
  4. Remedies must be provided.

The investigation may include

  • Interviewing the Reporting Party: The Reporting Party might be interviewed once or more than once depending on the need to ask follow-up questions after collecting additional evidence.
  • Interviewing the Responding Party (Parties) who is (are) perceived to have committed the alleged Title IX Violations.
  • Interviewing witnesses identified by either the Reporting or Responding Party.
  • Collecting and reviewing evidence which might corroborate either the Reporting or Responding Party’s recollection of the incident. This might include, but is not limited to, written statements, text messages, emails, social media posts, phone records, letters, voicemails, pictures, medical records, court records, 911 calls, and off-campus law enforcement records.
  • Consulting other College officials.
  • Other appropriate methods to facilitate making an informed decision about the complaint.

All actions taken to investigate and resolve complaints through this process will be conducted in a matter that preserves confidentiality to the greatest extent possible under the circumstances, without compromising the thoroughness of the investigation.

The investigation will be completed and a determination made to either dismiss the charges, attempt an informal resolution, or to initiate a disciplinary hearing. Both the Reporting Party and the Responding Party will be notified in writing simultaneously about the outcome of the investigation.

  1. Disciplinary Hearing/Sanctions
    • The President shall appoint one of the Vice-presidents of the College to serve as the Chair of the Disciplinary Hearing.
    • The three (3) members of the Disciplinary Hearing Committee shall be selected from the Responsible Employees of the College (excluding the Vice-presidents) and shall not have any previous involvement with the investigation. The Title IX Coordinator shall be in attendance to provide information about the evidence from the investigation.

 Procedural Responsibilities for the Disciplinary Hearing Chair

The Disciplinary Hearing Chair shall schedule a Disciplinary Hearing by the Committee within five (5) working days following the written notification to the Reporting Party and the Responding Party. The Chair shall inform both Parties with the following information:

  • Restatement of the Title IX Violations charge(s)
  • Notice of the day, time, and location of the meeting
  • Statement of the Reporting Party’s and the Responding Party’s basic procedural rights

Procedural Rights for the Reporting Party and the Responding Party 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 Disciplinary Hearing:

  • The Disciplinary Hearing shall be confidential and shall be closed to all persons except the following:
    • The Reporting Party and the Responding Party, who shall be interviewed separately;
    • Counsel (if any); and/or
    • Witnesses who shall
      • Give testimony singularly and in the absence of other witnesses.
      • Leave the Disciplinary Hearing room immediately upon the completion of the testimony.
  • The Disciplinary 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 Disciplinary Hearing, the Committee shall meet in executive session to make a finding based on the preponderance of the evidence (i.e., more likely than not) as to whether the Responding Party is responsible for violating Policy 3.18.2 Title IX Violations: Sexual Violence, Sexual or Gender-based Harassment, and Other Sexual Misconduct to decide the appropriate discipline for the Responding Party. Committee decisions shall be determined by a majority vote of the Committee members. The Committee may use any of the behavior sanctions available in Policy 3.18.1: Student Behavior Sanctions.
  • Decisions made by the Committee shall be provided simultaneously in writing to the Reporting Party and to the Responding Party by the Committee Chair within two (2) working days following the completion of the Disciplinary Hearing. The notice shall include:
  • Appeals may only be based on allegations that either the Reporting Party or the Responding Party was denied some guaranteed substantive or procedural right or due to new evidence. Parties may not appeal a Disciplinary Hearing proceeding result simply because they do not agree with the outcome. All appeals must be filed within 5 days of receiving the written notification from the Chair of the Disciplinary Hearing with the Office of the CVCC President or his designee.
  • Copies of the written decision shall be provided to the Dean of the School of ADS and to the Office of the President.
Student Advocate: Upon the student’s request, the Director of Admission or designee will assist the student with the steps required to follow Procedure 3.18.2.
Resources for Victims of Title IX Violations: Sexual Violence, Sexual or Gender-based Harassment, and Other Sexual Misconduct

 

List of Phone Numbers for Emergency Use

Organization

Phone Number

Emergency

911

CVCC Campus Emergency

711

Campus Security

828-327-7000 ext. 4610

Dean of Student Services

828-327-7000 ext. 4143

Student Services

828-327-7000 ext. 4216

Rape Crisis Center–Catawba County

828-322-6011; www.rapecrisiscenter.com

Rape Crisis Center– Alexander County

828-635-8881

Catawba County Sheriff’s Department

828-465-8301

Catawba Police Department

828-241-4888

Claremont Police Department

828-466-7265

Hickory Police Department

828-328-5551

Hickory Police Department, Victim’s Services

828-261-2642

Longview Police Department

828-327-2343

Maiden Police Department

828-428-5005

Newton Police Department

828-465-7430

Alexander County Sheriff’s Department

828-632-4658

Taylorsville Police Department

828-632-2218

Catawba Valley Medical Center Emergency

828-326-3850

Frye Regional Medical Center Emergency

828-345-5625

Victim’s Compensation Fund

1-800-826-6200

NC SAVAN (Statewide Automated Victim Assistance & Notification)

1-877-627-2826; www.ncsavan.org

RAINN (Rape, Abuse & Incest National Network)

1-800-656-HOPE; www.rainn.org

NC Coalition Against Sexual Assault

1-919-871-1015; www.nccasa.org

NC Coalition Against Domestic Violence

1-800-232-9124; www.nccadv.org

Because of the traumatic nature of sexual misconduct/violence, Reporting Parties are encouraged to seek immediate counseling. The Rape Crisis Center provides counseling and group services free of charge. Student Services will assist victims with any academic concerns or change in class schedule requests that are feasible.

 

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: Title IX Harassment: Sexual Violence, Sexual or Gender-based Harassment, and Other Sexual Misconduct are addressed by using Procedure 3.18.2: Reporting and Resolving Title IX Harassment: Sexual Violence, Sexual or Gender-based Harassment, and Other Sexual Misconduct.

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 he/she claims is 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 by his/her 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

Faculty are authorized to impose the Loss of Academic Credit or a Grade Sanction for acts of academic dishonesty relative to classes under their supervision in accordance with Policy 2.16: Academic Honesty Policy. Faculty should follow the procedure below:

  1. The faculty member should complete the “Warning, General Probation, Interim (Emergency) Suspension Form” found in the Forms section on the CVCC Portal. The completed form should be forwarded to the faculty member’s immediate supervisor. The supervisor may forward a copy of this form to the Chief Student Services Officer.
  2. As stated in Policy 3.18.1: Student Behavior Sanctions, the student may be allowed to redo the assignment, may lose credit for the assignment, or may lose credit for the class. In the event the act of academic dishonesty is serious enough to warrant further disciplinary action, the faculty member should complete the “Student Conduct Violation Form” found in the Forms section on the CVCC Portal and follow the directions listed on the form.
  3.  

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.

 

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 Challenger 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 his/her 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.
  5.  

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.
 

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

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.

 

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 are designated and are regulated by NC General Statutes. 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.

 

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.