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Student Services Procedure Part 2

Student Services Procedure Part 2

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3.18.1: Student Behavior Sanctions Procedure

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

  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.

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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.

  4. 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 (87) 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.net

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.

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