PHCC PHACT PHCC Policy System

VCCS Policy Section 3 : 3.14

Keywords

Applies to: Faculty | Adjunct Faculty | Staff | Administrative | Board

PHCC Policy No applicable policy

3.2 Compliance with Title VII of the Civil Rights Act of 1964
Patrick Henry Community College subscribes to and endorses Title VII of the
Civil Rights Act of 1961 which states:
“No person shall, on the grounds of race, color, or national origin, be excluded
from participation in, be denied the benefit of, or be subjected to discrimination
under any program or activity.”
3.3 Compliance with the American with Disabilities Act of 1990
Patrick Henry Community College is committed to compliance with the
Americans with Disabilities Act (ADA) of 1990 which assures individuals with
disabilities an equal opportunity in all phases of education and employment.7.4 Smoking PolicySmoking or the use of any and all tobacco products, including electronic
cigarettes and smokeless tobacco, is prohibited in all PHCC buildings, or within
25 feet of building entrances, or in college vehicles.
7.5 Drug and Alcohol Abuse Prevention Policy
To comply with federal laws (the Drug-Free Workplace Act of 1988 and the
Drug-Free Schools and Communities Act Amendments of 1989), colleges must
provide in writing to all students and employees the following information as part
of a commitment to the prevention of the use of illegal drugs and the abuse of
alcohol. Patrick Henry Community College intends to maintain a workplace free from the
adverse effects of alcohol and other drugs. Employees are forbidden to use these
substances at the workplace or to come to the workplace while under the
influence of these substances. In addition, employees are expected to notify their
supervisors if they are convicted of violating any criminal drug law, either within
our outside the work place, or if they are convicted of violating any alcohol
beverage control law or law that governs driving while intoxicated, based on
conduct occurring in the workplace. Violation of policies related to these matters
can result in serious disciplinary action including termination.
Students or employees of Patrick Henry Community College shall not possess,
sell, use, manufacture, give away or otherwise distribute illegal substances
including drugs or alcohol while on campus, attending a college sponsored off campus event, or while serving as a representative of the college at off-campus
functions. Students or employees who violate this policy shall have college
charges processed against them in the normal manner of due process provided by
college rules. Further, students or employees who violate this policy shall have
committed a criminal offense, and the college shall notify the appropriate agency
of the Commonwealth of Virginia, county or city government for investigation
and, if warranted, prosecution.7.5.1 Controlled Substances Policy
Definitions
a. The term “controlled substances,” as used in this policy, is defined
to include legal and illegal drugs. The use or possession of legal
drugs (i.e., those drugs for which a valid prescription is required
before the drug may be used or possessed) is not prohibited by this
policy unless that use or possession is inconsistent with the
prescription or where no such prescription has been provided.
b. The term “illegal drugs” is defined to include all such drugs of
which the use, sale, possession, distribution, manufacture, or
transfer is prohibited by law and includes, but is not limited to,
marijuana, narcotics, hallucinogens, stimulants, depressants, and
so-called designer drugs.
c. As used in this policy, “under the influence” means that the
individual is affected by a controlled substance in a detectable
manner.
d. The term “workplace” as used here shall mean any College
premises or work site or customer’s place of business, attending a
college sponsored off-campus event, or while serving as a 
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representative of the college at off-campus functions, and College
vehicles and public or private means of transportation while
engaged in College business.Policy Statement
The illegal use, sale, possession, distribution, manufacture, or transfer
of controlled substances at the workplace or elsewhere during work hours
is strictly prohibited. Also prohibited under this policy is use, sale,
possession, distribution, manufacture, or transfer of controlled substances
on nonworking time, and on or off College property to the extent such
use impairs an employee’s ability to perform his or her job, or when such
activities negatively affect the reputation of the College to the general
public or threaten the integrity of the College.
College personnel may not report to work or work while under the
influence of illegal drugs, nor may such personnel report to work under
the influence of legal drugs for which no prescription has been issued or
where the use of the legal drugs Is inconsistent with a prescription.
Whereas this policy does not prohibit the use or possession of over-the counter or prescription drugs where such use or possession is consistent
with the proper use of such substances, College personnel are encouraged
to advise supervisors of such use where it may affect performance.
Should performance be affected by the use of such substances, the
individual may be relieved of his or her job duties under the Sick Leave
Programs.
College personnel who plead guilty or no contest or are convicted of a
violation of a controlled substance statute must inform their supervisor
within five days of the conviction, or plea. Failure to comply with this
requirement will subject College personnel to disciplinary action, which
may include termination for a first offense.
Persons violating the College policy regarding substance abuse will be
subject to disciplinary action, which may include termination for a first
offense.7.5.2 Alcohol Policy
The College expects that all personnel will maintain proper professional
decorum at all times during the workday, on and off College property.
Expressly prohibited under this policy are reporting to work or working
while impaired from the use of alcohol and alcohol consumption while on
the job or at other times during the workday on or off College property. As used in this policy, impaired from the use of alcohol means that the
individual’s performance or behavior is marked by abnormal conduct or
erratic or aberrant behavior, including, but not limited to, sleeping on the
job, slurred words, or a significant smell of alcohol about the person.
The legal use of alcohol is not prohibited when an employee is not
working and is not at the workplace.
Personnel violating the policy regarding abuse of alcohol will be subject to
disciplinary action, which may include termination for a first offense.7.5.3 Enforcement
In order to enforce this policy and procedures, the College may investigate
potential violations and require personnel to undergo drug and/or alcohol
screening, including urinalysis, blood tests, or other appropriate tests and,
where appropriate, searches of all areas of the College’s physical
premises, including, but not limited to, work areas, personal articles,
employees’ desks, workstations, and College vehicles, etc. Employees
will be subject to discipline up to and including discharge for refusing to
cooperate with searches or investigations or to submit to screening or for
failing to execute consent forms when required by management.
7.5.4 Investigations and Searches
Where a manager or supervisor has reasonable suspicion that an employee
has violated the substance abuse policy, the supervisor, or his or her
designee, may inspect vehicles, lockers, work areas, desks, and other
locations or belongings without prior notice, in order to ensure a work
environment free of prohibited substances. An employee may be asked to
be present and may remove a personal lock. The employee is hereby
notified that locked areas or containers do not prevent a search, and thus
employees should understand there is no expectation of privacy on
College premises. Where the employee is not present or refuses to remove
a personal lock, the College may do so. Any such searches will be
coordinated with a representative of the HR department. The College may
use unannounced drug detection methods.
7.5.5 Health Risks Associated with Drug and Alcohol Abuse
Drugs and alcohol interfere with student learning and employee
performance in the workplace. Use of drugs and alcohol can also have
dangerous consequences for personal health and for the safety of others.
A list of controlled substances and their effects is provided later in this
chapter. Three of the more commonly abused drugs are highlighted
below:Alcohol impairs judgment and coordination; can cause damage to the
brain, heart, liver and pancreas; increases the risk of birth defects; high
doses can cause respiratory depression and death.
Marijuana has been linked to lung cancer, memory loss, slowed reaction
time when driving, depression of the immune system, and complications
for pregnant women.
Crack/Cocaine can cause convulsions, infection, heart attack, stroke,
respiratory failure, brain seizures, psychosis, and death.
7.5.6 Counselling Services and Treatment Programs
Numerous community and state agencies, medical facilities, and private
outpatient counselling/treatment programs are available to help Patrick
Henry students and employees dealing with substance abuse programs. 7.6.1 Notice of Nondiscrimination
As a recipient of federal funds, Patrick Henry Community College is
required to comply with Title IX of the Higher Education Amendments of
1972, 20 U.S.C & 1681 et seq. (“Title IX”), which prohibits
discrimination on the basis of sex in educational programs or activities,
admission and employment. Under certain circumstances, sexual
misconduct, sexual harassment, sexual assault and similar conduct may
constitute sexual discrimination prohibited ty Title IX. Inquiries
concerning the application of Title IX may be referred to the College’s
Title IX Coordinator or to the U.S. Department of Education’s Office for
Civil Rights. The College’s Title IX Coordinator is John I. (Jack)
Hanbury, Vice President for Financial & Administrative Services. His
office is located at West 158. He may be contacted by phone at 276-656-
0205 or by email at jhanbury@patrickhenry.edu. The College’s Deputy
Title IX Coordinator is Belinda Stockton, Director of Human Resources.
Her office is located at West 148. She may be contacted by phone at 276-
656-0214 or by email at bstockton@patrickhenry.edu.7.6.2 Policy
Patrick Henry Community College is committed to providing an
environment that is free from harassment and discrimination based on any
status protected by law. This policy supplements the general policy
statement set forth by the Virginia Community College System. This
institution promotes and maintains educational opportunities without 
41
regard to race, color, sex, ethnicity, religion, gender, age (except when age
is a bona fide occupational qualification), disability, national origin, or
other non-merit factors. This Policy also addresses the requirements under
the Violence Against Women Reauthorization Act of 2013 (also known as
the Campus SaVE Act).
This Policy is not intended to substitute or supersede related criminal or
civil law. Individuals should report incidents of sexual and domestic
violence, dating violence, and stalking to law enforcement authorities.
Criminal and civil remedies are available in addition to the potential
remedies that the College may provide.7.6.4 Applicability
This Policy applies to all campus community members, including
students, faculty, staff and third parties, e.g., contractors and visitors.
Conduct that occurs off campus can be the subject of a complaint or report
and will be evaluated to determine whether it violates this Policy, e.g. if
off-campus harassment has continuing effects that create a hostile
environment on campus or if the off-campus conduct occurs at a college
sponsored function.7.6.5 Definitions
Advisor: An individual who is requested by the complainant or
respondent to provide the complainant or respondent support, guidance, or
advice. Advisors may be present at any meeting or hearing, but may not
speak directly on behalf of the complainant or respondent.
Campus: The term “campus” refers to (i) any building or property owned
or controlled by the College within the same reasonably contiguous
geographic area of the College and used in direct support of, or in a
manner related to, the College’s educational purposes, and (ii) any
building or property that is within or reasonably contiguous to the area
described in clause (i) that is owned by the College but controlled by
another person, is frequently used by students, and supports institutional
purposes, such as a food or other retail vendor.
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Complainant: A complainant refers to an individual who may have been
the subject of a violation of this Policy and files a complaint against a
faculty member, staff member, student or third party.Consent: Any sexual activity or sex act committed against one’s will, by
the use of force, threat, intimidation, or ruse, or through one’s mental
incapacity or physical helplessness is without consent. Consent is
knowing, voluntary, and clear permission by word or action, to engage in
mutually-agreed upon sexual activity. Silence does not necessarily
constitute consent. Past consent to sexual activities, or a current or
previous dating relationship, does not imply ongoing or future consent.
Consent to some sexual contact (such as kissing or fondling) cannot be
presumed to be consent for other sexual activity (such as intercourse). An
individual who is mentally incapacitated, physical helpless, or who is
under the age of legal consent cannot legally consent. The existence of
consent is based on the totality of the circumstances, including the context
in which the alleged incident occurred.
Dating Violence: Dating violence is violence, force, or threat that results
in bodily injury or places one in reasonable apprehension of death, sexual
assault, or bodily injury that is committed by a person who is or has been
in a close relationship of a romantic or intimate nature with the other
person. The existence of such a relationship shall be determined based on
a consideration of the length of the relationship, the type of relationship,
and the frequency of interaction between the persons involved in the
relationship.
Domestic Violence: Domestic violence is violence, force, or threat that
results in bodily injury or places one in reasonable apprehension of death,
sexual assault, or bodily injury that is committed by a person against such
person’s family or household member, which includes a current or former
spouse, a person with whom the victim shares a child in common, or who
is cohabitating with or has cohabitated with the person as a spouse or
intimate partner.
Mental incapacity means that condition of a person existing at the time
which prevents the person from understanding the nature or consequences
of the sexual act involved (the who, what, when, where, why, and how)
and about which the accused knew or should have known. This includes
incapacitation through the use of drugs or alcohol. Intoxication is not the
same as incapacitation.Physical helplessness means unconsciousness or any other condition
existing at the time which rendered the person physically unable to
communicate an unwillingness to act and about which the accused knew 
43
or should have known. Physical helplessness may be reached through the
use of alcohol or drugs.
Respondent: A respondent refers to an individual who has been accused
of violating this Policy.
Responsible Employee: Responsible Employees are required to forward
all reports of violations of this Policy to the appropriate Title IX
Coordinator. A Responsible Employee is one designated for purposes of
initiating notice and investigation of alleged violations of this Policy or
who has the authority to take action to redress violations of this Policy. A
Responsible Employee also is any employee who a person reasonably
believes is a Responsible Employee. Responsible employees are required
to forward all reports of violations of this Policy to the appropriate Title
IX Coordinator. Responsible employees also must report to the Title IX
Coordinator any information obtained in the course of his employment
that an act of sexual violence may have been committed against a student
or may have occurred on property owned or controlled by the College or
on public property within the campus, or immediately adjacent to and
accessible from the campus. Any employee with supervisory authority
may be a Responsible Employee. Alternatively, the College may name
Responsible Employees by title, position or name employees who are
CSAs as Responsible Employees. A responsible employee shall not be an
employee who, in his position at the College, provides services to the
campus community as a licensed health care professional, (or the
administrative staff of a licensed health care professional), professional
counselor, victim support personnel, clergy, or attorney. Sex Discrimination: Sex discrimination is the unlawful treatment of
another based on the individual’s sex that excludes an individual from
participation in, denies the individual the benefits of, or otherwise
adversely affects a term or condition of an individual’s employment,
education, or participation in a college program or activity.
Sexual Assault: Sexual assault is defined as the intentional sexual contact
with a person against that person’s will by the use of force, threat, or
intimidation, or through the use of a person’s mental incapacity or
physical helplessness. Sexual assault includes intentionally touching,
either directly or through clothing, of the victim’s genitals, breasts, thighs,
or buttocks without the person’s consent, as well as forcing someone to
touch or fondle another against his or her will. Sexual battery is a type of
sexual assault.
Sexual Exploitation: Sexual exploitation occurs when a person takes nonconsensual or abusive sexual advantage of another for his/her own
advantage or benefit, or to benefit or advantage anyone other than the one 
44
being exploited, and that behavior does not otherwise constitute one of
other sexual misconduct offenses. Examples of sexual exploitation
include, but are not limited to, invasion of sexual privacy; prostituting
another person, non-consensual video or audio-taping of sexual activity;
going beyond the boundaries of consent (such as letting your friends hide
in the closet to watch you having consensual sex); engaging in voyeurism;
exposing one’s genitals in non-consensual circumstances; inducing
another expose their genitals, and knowingly transmitting HIV or an STD
to another.Sexual Harassment: The law defines sexual harassment as unwanted
sexual advances, requests for sexual favors or visual, verbal of physical
conduct of a sexual nature when:
a. submission to such conduct is made a term or condition of
education or employment; or
b. submission to or rejection of such conduct is used as basis for
educational or employment decisions affecting the individual; or
c. such conduct has the purpose or effect of unreasonably interfering
with a student’s or an employee’s work performance or creating an
intimidating, hostile, or offensive working environment.
Generally, two categories of sexual harassment exist:
    Quid Pro Quo: The submission to or rejection of such conduct is used as
the basis for educational or employment decisions affecting the student or
employee either explicitly or implicitly; or
    Hostile Environment: Conduct so severe or pervasive and objectively
offensive that it undermines and detracts from an employee’s work
performance or a student’s educational experience.
Sexual Misconduct: Sexual misconduct encompasses a range of behavior
used to obtain sexual gratification against another’s will or where a person
is incapable of giving consent. Sexual misconduct includes sexual
harassment, sexual assault, sexual exploitation, and sexual violence.
Sexual Violence: Sexual violence is any intentional physical sexual abuse
committed against a person’s will. Sexual violence includes rape, sexual
assault, and sexual battery.Stalking: Stalking occurs when someone, on more than one occasion,
engages in conduct directed at another person with the intent to place, or
knows or reasonably should that the conduct places that other person in 
45
reasonable fear of death, criminal sexual assault, or bodily injury to that
other person or to that other person’s family or household member.
Third Party: A third party is any person who is not a student or employee
of the College.7.6.6 Consensual Relationships
Pursuant to VCCS Policy 3.14.2, consenting romantic and/or sexual
relationships between employees and students for whom the employee has
a direct professional responsibility are prohibited. Consenting romantic or
sexual relationships between employees where one employee has a direct
professional responsibility also are prohibited. Consenting romantic or
sexual relationships between other employees (not in a supervisory
position), or with students for whom the employee does not have a direct
professional responsibility, although not expressly forbidden, are unwise
and are strongly discouraged. The relationship also may be viewed in
different ways by each of the parties, particularly in retrospect.
Furthermore, circumstances may change, and conduct that was previously
welcome may become unwelcome.
7.6.7 Reporting Incidents
a. Members of the campus community who believe they have been
subjected to any of these actions should immediately report the
incident to the College Title IX Coordinator, a Responsible
Employee, or to campus or local police. All emergencies or any
incident where someone is in imminent danger should be reported
immediately to campus police/security or local police by dialing
911.
b. Whether or not a report is made to law enforcement, members of
the campus community must report alleged violations of this
Policy to a Responsible Employee or to the Title IX Coordinator.
The failure of any employee to report alleged violations may result
in employment action against the employee.
c. The Title IX Coordinator is solely responsible for overseeing the
prompt, fair, and impartial investigation and resolution of
complaints filed with the College. To help ensure a prompt, fair,
and impartial investigation and resolution, individuals are
encouraged to complete a Complaint Form. The written complaint
will be submitted to the Title IX Coordinator. Although strongly
encouraged, a complainant is not required to submit a complaint on
the Complaint Form or in writing.Patrick Henry Community College Title IX Campus Resources
Title IX Coordinator: John I. (Jack) Hanbury
West 158
276-656-0205
jhanbury@patrickhenry.edu
Deputy Title IX Coordinator: Belinda Stockton
West 148
276-656-0214
bstockton@patrickhenry.edu
Chief of Police: Gary Dove
West 105
276-656-5494
gdove@patrickhenry.edu
After normal business hours, members of the campus community
should report alleged violations of this Policy to Gary Dove, Chief
of Police, at 276-806-9840.
d. There is no time limit for filing a complaint with the College.
However, complainants should report possible violations of this
Policy as soon as possible to maximize the College’s ability to
respond effectively. Failure to report promptly could result in the
loss of relevant evidence and impair the College’s ability to
adequately respond to the allegations.7.6.9 False Allegations
Any individual who knowingly files a false complaint under this Policy,
who knowingly provides false information to College officials, or who
intentionally misleads College officials who are involved in the
investigation or resolution of a complaint may be subject to disciplinary
action, up to and including dismissal for students and termination of
employment for faculty and staff. An allegation that cannot be proven by
a preponderance of the evidence is not necessarily proof of knowingly
filing a false complaint.7.7.2 Confidentiality and Anonymous Reports
a. Individuals may be concerned about their privacy when they report
a possible violation of this Policy. The College has a responsibility
to end conduct that violates this Policy, prevent its recurrence, and
address its discriminatory effects. For this reason, some College
employees may not be able to keep secret any report of sexual
violence, domestic violence, dating violence, or stalking. The
College expects employees to treat information they learn
concerning incidents of reported violations of this Policy with
respect and with as much privacy as possible. College employees
must share such information only with those College and lqw
enforcement officials who must be informed of the information
pursuant to this Policy.
b. Responsible Employees must report all alleged violations of this
Policy to the Title IX Coordinator. Other campus employees have
a duty to report sexual assault, domestic violence dating violence,
and stalking for federal statistical reporting purposes (Campus
Security Authority (CSA) under the Clery Act). CSAs include
student/conduct affairs personnel, campus law enforce3ment, local
p0olice, student activities staff, human resources staff, and
advisors to student organizations. Reports received by the College
concerning the abuse of a minor must be reported in compliance
with state law.
c. If a complainant wishes to keep the report confidential, it is
recommended that he or she report the alleged conduct to someone
with a legal duty to maintain confidentiality, e.g., mental health
counselor or clergy. Employees may contact the Employee
Assistance Program. If the complainant requests that the complainant’s identity not be released to anyone else, the College’s
ability to investigate and take reasonable action in response to a
complaint may be limited. A respondent has a right to know the
name of the complainant and information regarding the nature of
the allegations in order to defend against the complaint. Likewise,
if the complainant does not wish to disclose the identity of the
accused, the College’s ability to investigate and take reasonable
action in response to a complaint will be severely limited. In the
foregoing cases, the College will evaluate the confidentiality
request(s) in the context of the College’s commitment to provide a
reasonably safe and non-discriminatory environment. In order to
make such an evaluation, the Title IX Coordinator may conduct a
preliminary investigation into the alleged violation of this Policy
and may weigh the request(s) against the following factors:
<ul><li>The seriousness of the allegation(s);
</li><li>The complainant’s or alleged victim’s age;
</li><li>Whether there have been other similar complaints against
the same respondent;</li><li>The respondent’s right to receive information about the
allegations if the information is maintained by the College
as an “education record” under FERPA; and</li><li>The applicability of any laws mandating disclosure.
</li></ul>Therefore, the College may pursue an investigation and/or notify
law enforcement even if the complainant requests that no action be
taken and the College will not be able to ensure confidentiality in
all cases. The College will notify the complainant when it is
unable to maintain confidentiality or respect the complainant’s
request for no further action.d. The College will accept anonymous reports, but it will be limited
in its ability to investigate and take reasonable action. The College
must have sufficient information to conduct a meaningful and fair
investigation. The College, when reasonably available and when
requested, may arrange for changes in academic, parking,
transportation, or work arrangements after an alleged violation of
this Policy. When such accommodations are provided, the College
will protect the privacy of the complainant to the extent possible
while still providing the accommodation.7.7.3 Amnesty
The College encourages the reporting of incidents that violate this Policy.
The use of alcohol or drugs should not be a deterrent to reporting an
incident. When conducting the investigation, the College’s primary focus
will be on addressing the alleged misconduct and not on alcohol and drug
violations that may be discovered or disclosed.
The College does not condone drug usage or underage drinking; however,
the College will extend limited amnesty from punitive sanctioning in the
case of drug or alcohol use to complainants, witnesses, and others who
report incidents, provided that they are acting in good faith in such
capacity. The College may provide referrals to counseling and may
require educational options, rather than disciplinary sanctions, in such
cases.
7.7.4 Timely Warnings
The College is required by federal law to issue timely warnings for
reported incidents that pose a substantial threat of bodily harm or danger
to members of the campus community. The College will ensure, to the
extent possible, that an alleged victim’s name and other identifying
information is not disclosed, while still providing enough information for
members of the campus community to make decisions to address their
own safety in light of the potential danger.7.7.5 Interim Measures
a. Prior to the resolution of a complaint, the College may suspend or
place the respondent on disciplinary or administrative leave when
it is determined that the respondent’s continued presence on
campus threatens the safety of an individual or of the campus
community generally; may hamper the investigation into the
alleged misconduct; or is necessary to stop threatening or
retaliatory contact against the complainant or complainant’s
witnesses. The College shall provide advance notice of such
measures, except in cases where the individual’s presence
constitutes a threat. In all cases, however, the College shall notify
individuals subject to these interim measure(s) in writing of the
specific facts and circumstances that make such interim measure(s)
necessary and reasonable. Individuals subject to proposed interim
measures shall have the opportunity to show why such measure(s)
should not be implemented.b. Notwithstanding the above, the College may impose a “no contact”
order on each party, requiring the parties to refrain from having
contact with one another, directly or through proxies, whether in
person or by electronic means. The College also will enforce
orders of protection issued by courts on all College property to the
extent possible.c. The College may implement other measures for either the
complainant or the respondent if requested, appropriate and
reasonably available, regardless of whether a formal complaint has
been filed or whether an investigation by either campus
administrators or law enforcement agencies has commenced. Such
measures may include, but are not limited to, course schedule
adjustments, reassignment of duty, changing work arrangements,
changing parking arrangements, rescheduling class work,
assignments, and examinations, and allowing alternative class or
work arrangements, such as independent study or teleworking. 7.7.7 Written Notification of Rights and Options
Members of the campus community who report incidents of sexual
assault, domestic violence, dating violence, or stalking, whether the
incident occurred on or off campus, shall receive a written explanation of
their rights and options, including (i) the available law-enforcement
options for investigation and prosecution; (ii) the importance of collection
and preservation of evidence; (iii) the available options for a protective
order; (iv) the available campus options for investigation and adjudication
under the College’s policies; (v) the complainant’s rights to participate or
decline to participate in any investigation to the extent permitted under
state or federal law; (vi) the applicable federal or state confidentiality
provisions that govern information provided by a victim; (vii) information 
53
on contacting available on-campus resources and community resources,
including the local sexual assault crisis centers, domestic violence crisis
centers, or other victim support services with which the College has
entered into a memorandum of understanding; (viii) the importance of
seeking appropriate medical attention; and (ix) options related to changes
in academic, parking, and working arrangements, when requested and
when reasonably available.1
 Those rights and options are as follows:7.7.8 Victim’s Rights
<ul><li>Go to court and file a domestic abuse complaint requesting an
order restraining your attacker from abusing you, and/or an order
directing your attacker to leave your household, building, school,
college, or workplace;
</li><li>Seek a criminal complaint for threats, assault and battery, or other
related offenses;
</li><li>Seek medical treatment (if on campus, the police will arrange
transportation for you to the nearest hospital or otherwise assist
you in obtaining medical treatment if you wish);
</li><li>Request the police remain at the scene until your safety is
otherwise ensured;
</li><li>Request that a police officer assist you (if you are on campus) by
arranging transportation or by taking you to a safe place, such as a
shelter or a family or friend’s residence; and
</li><li>Obtain a copy of the police incident report at no cost from the
police department.
</li><li>Victims will have the opportunity to request prompt proceedings
and that a fair and impartial investigation and resolution will occur.</li><li>College officials will treat the incident seriously and the incident
will be investigated and adjudicated by appropriate criminal and/or
College officials.
</li><li>Proceedings shall be conducted by officials trained on sexual
assault and other intimate partner violence issues, and shall use the
“preponderance of the evidence” standard (which is “more likely
than not” and the3 standard used by civil courts in the United
States).
</li><li>Victims will be treated with dignity, respect, and in a nonjudgmental manner.
</li><li>College officials will inform victims of their option to notify
appropriate law enforcement authorities, including College Police,
on-campus security and local police, and offer assistance in
notifying proper authorities when an individual discloses an
incident of sexual misconduct.
</li><li>College personnel will not discourage anyone from reporting, nor
encourage them to under-report or report the incident as a lesser
crime.
</li><li>College personnel will cooperate in obtaining, securing and
maintaining evidence (including a medical examination) necessary
for legal/criminal proceedings.</li><li>College officials will prohibit retaliation and will not only take
steps to prevent retaliation but also take strong responsive action if
it occurs. They will also follow up with complaints to determine
whether any retaliation or new incidents of harassment have
occurred.
</li><li>Victims are provided with written notification of on and off
campus available services for mental health, victim advocacy, legal
assistance, and other available community resources.
</li><li>Orders of protection issued by courts are fully upheld on all
College-owned, used, and controlled property. Therefore, if any
member of the College community obtains an order of protection
or restraining order, he or she should promptly inform College
Police and provide College Police with a copy of that order, so that
the College can enforce it. If the College Police Department
determines that an individual’s presence on campus poses a danger to one or more members of the College community, College Police
can issue an institutional No Contact or No Trespass Order barring
that individual from College property. </li><li>Victims will be afforded the opportunity to request immediate on campus steps to prevent unnecessary or unwanted contact or
proximity to an alleged perpetrator when reasonably available. </li><li>Victims are informed that they are entitled to be accompanied to
any related meeting or proceeding by an advisor of their choice,
knowing that the accused also has the same opportunity to have
others present during any proceeding (the College may deny both
parties an advocate or support person). </li></ul><h6>1 The information required by the Campus SaVE Act is included in this Policy; (a) possible sanctions or protective
measures that the College may impose following a final determination of a disciplinary procedure regarding sexual
violence, domestic or dating violence, or stalking; (b) procedures individuals should follow if sexual violence,
domestic or dating violence, or stalking has occurred; (c) procedures for disciplinary action in cases involving sexual
violence, domestic or dating violence, or stalking, including a clear statement that the College’s proceedings shall
provide a prompt, fair, and impartial investigation and resolution; (d) information about how the College will protect
the confidentiality of complainants; (c) written notification of students and employees about existing counseling,
health, mental health, victim advocacy, legal assistance, and other services available for victims both on-campus and
in the community; and (f) written notification about options for, and available assistance in, changing academic,
living, transportation, and working situations, if so requested and if such accommodations are reasonably available,
regardless of whether the complainant chooses to report the crime to campus police or local law enforcement.
Therefore, Colleges may fulfill this requirement by providing anyone who makes a report a copy of this Policy.</h6>7.7.9 Rights of Persons Accused of Sexual Misconduct <ul><li>All sexual misconduct cases will be treated seriously. </li><li>The accused will be treated with dignity, respect, and in a nonjudgmental manner. </li><li>The accused will be informed of the nature of the complaint made
against him/her and the name of the complainant. </li><li>The accused will be given written Notice of Accused Rights. </li><li>College personnel will cooperate in investigating the case fully for
legal and student conduct and resolution proceedings. </li><li>The accused will be provided written notice of any decision or
disciplinary action taken by the College. </li><li>Respondents are informed that they are entitled to be accompanied
to any related proceeding by an advisor of their choice, knowing
that the victim also is provided with the same opportunity to have
others present during any proceeding (the College may deny both
parties an advocate or support person).</li></ul>7.7.10 Support Services
All students and employees will receive information in writing of
available counseling, health, mental health, victim advocacy, legal
assistance, and other services available in the community and on campus.
The resources available to students and College employees are as follows:Citizens Against Family Violence
13 Cleveland Ave.
Martinsville, VA 24112
276-632-8701
http://cafv.info/ Martinsville City Victim/Witness Program
P.O. Box 1063
55 West Church Street
Martinsville, VA 24114
Vicky Belcher, Director
(276) 403-5467
vbelcher@ci.martinsville.va.us Henry County Victim/Witness Assistance Program
Victim-Witness Director
Robin D. Byrd
3160 Kings Mountain Rd., Suite D
Martinsville, VA 24112
276-634-4503
 rbyrd@co.henry.va.usHenry-Martinsville Social Services
2760656-4300, option 1
Monday-Friday, 8:00 a.m.-5:00 p.m.  Virginia Family Violence & Sexual Assault 24-Hour Hotline
Hotline: 800-838-8238
Web:
http://www.theredflagcampaign.org/index/php/resources/hotlines
 Virginia Sexual and Domestic Violence Action Alliance
(VSDVAA)
The Corporate Centre
5008 Monument Avenue, Suite A
Richmond, VA 23230
Phone: 866-3VSDVAA (Toll Free)
Hotline: 800-838-8238
Web: www.vsdvalliance.org
 Victim Notification Program
Office of the Attorney General
900 East Main Street
Richmond, VA 23219
Toll Free: 800-370-0459
57 Crime Victim Assistance
Victims Services Section of the Department of Criminal
 Justice Services
202 North Ninth Street, 6th Floor
Richmond, VA 23219
Phone: 888-887-34187.10 Workplace Violence Policy
7.10.1 In General
It is Patrick Henry Community College’s policy to promote a safe
environment for its employees, students, and campus visitors. The college
is committed to working with its employees to maintain a work and
learning environment free from violence, threats of violence, harassment,
intimidation, and other disruptive behavior.
Violence, threats of violence, harassment, intimidation, and other
disruptive behavior in our workplace will not be tolerated. Such behavior
can include oral or written statements, gestures, or expressions that
communicate a direct or indirect threat of physical harm to one’s self or to
others. All reports of incidents will be taken seriously and will be dealt
with appropriately. Individuals who commit such acts may be removed
from college property and may be subject to disciplinary action, criminal
penalties, or both.
All employees and students should cooperate to implement this policy
effectively and maintain a safe working and learning environment. Do not
ignore violent, threatening, harassing, intimidating, or other disruptive
behavior. If you observe or experience such behavior by anyone on
college property or at a college function, you should report that person
immediately to campus police or other college officials, regardless of
whether the person is an employee or student. College personnel who
receive such reports should seek advice from their respective Vice
President, the Vice President for Financial and Administrative Services, or
the college’s Human Resource Director.
Please note: Threats or assaults that require immediate attention by
security or police should be reported first to PHCC security at 732-2406 or
to local police by calling 911.
PHCC will support all efforts made by college personnel in dealing with
violent, threatening, harassing, intimidating, and other disruptive behavior
in our workplace and will monitor whether this policy is being
implemented effectively. For additional information, contact the Vice President of Financial and Administrative Services or the Human
Resource Manager.
7.10.2 Workplace Violence Prevention and Threat Assessment Policy Guidelines
a. Purpose: The purpose of this policy is to establish guidelines for
the prevention of workplace and general campus violence. It
includes the formation of campus Threat Assessment Teams and
the promotion and maintenance of a productive environment for
learning and working that is free from threats, intimidation, and
violence.
b. Coverage: These policy guidelines will apply to all faculty, staff,
students, visitors, contractors, and third parties while on college
property and while attending college functions. Students may be
covered under additional provisions of their respective college’s
Student Handbook.
c. Definitions:
Threat: Any oral or written expression or gesture that could be
interpreted by a reasonable person as conveying an intent to cause
physical harm to persons or property. Statements such as, “I’ll get
him,” or “She won’t get away with this” could be examples of
threatening expressions depending on the facts and circumstances
involved.
Workplace: Any college property or any other location where
college functions are being performed. This will include, but not
be limited to, locations where a college employee is performing
any work-related duties or where any student is performing any
college related activities.
Workplace Violence: An action (verbal, written, or physical
aggression) which is intended to control or cause, or is capable of
causing, death or serious bodily injury to oneself or others, or
damage to property. Workplace violence includes abusive
behavior toward authority, intimidating or harassing behavior, and
threats.7.10.3 Policy
PHCC prohibits threats and acts of violence on college property, at any
college-sponsored event; while engaged in college business, educational,
or athletic activities; and while traveling in state vehicles. Prohibited
conduct includes but is not limited to: <ul><li style="text-align: left;">injuring another person physically;
</li><li style="text-align: left;">engaging in behavior that creates a reasonable fear of injury to
one’s self or another person;
</li><li style="text-align: left;">engaging in behavior that would subject a reasonable person to,
and does subject another individual to, extreme emotional distress;
</li><li style="text-align: left;">Brandishing, using or possessing a weapon (with or without a
permit) while on college property or while attending a college sponsored event; except where possession is a result of
participation in an organized and scheduled instructional exercise
for a course, or where the person is a law enforcement
professional;
</li><li style="text-align: left;">intentionally damaging property;
</li><li style="text-align: left;">threatening to injure an individual (including oneself) or to damage
property;
</li><li style="text-align: left;">committing injurious acts motivated by, or related to, domestic
violence or sexual harassment; and
</li><li style="text-align: left;">retaliating against any employee or student who, in good faith,
reports a violation of this policy. </li></ul>7.10.4 Consequences of Policy Violations
a. Employees violating this policy will be subject to disciplinary
action up to and including termination and criminal prosecution
using existing policies and procedures including Section 3 of the
VCCS Policy Manual or DHRM Policy 1.60, Standards of
Conduct. Additionally, employees violating this policy may be
required, as a condition of continued employment, to participate in
a mental health evaluation as part of a threat assessment process,
and to obtain certification from the mental health evaluator that
they are not a risk to themselves or others. The college may also
take all necessary means of action, including interim suspension,
referrals to community services boards or health care providers for
evaluation or treatment, medical separation to resolve potential
physical threats, and notification of family members or guardians,
or both, unless such notification would prove harmful to the
individual in question, consistent with state and federal law.
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b. Students violating this policy will be subject to disciplinary action
including dismissal and criminal prosecution. Additionally,
students violating this policy may be required, as a condition of
continued enrollment, to participate in a mental health evaluation
as part of a threat assessment process, and to obtain certification
from the mental health evaluator that they are not a risk to
themselves or others. The college may also take all necessary
means of action, including interim suspension, referrals to
community services boards or health care providers for evaluation
or treatment, medical separation to resolve potential physical
threats, and notification of family members or guardians, or both,
unless such notification would prove harmful to the individual in
question, consistent with state and federal law.c. Visitors and third parties violating this policy will be subject to
applicable state and federal laws, and associate regulations, and
may be barred from the college at the college’s discretion.
7.10.5 Violence Prevention Committees and Threat Assessment Team
a. The college shall establish policies and procedures for the
prevention of violence on campus, including the assessment of and
intervention with individuals whose behavior poses a threat to the
safety of the campus community.
b. The college shall appoint a violence prevention committee
structure on campus composed of individuals charged with
education on and prevention of violence on campus. Each
violence prevention committee shall include representatives from
student affairs, law enforcement, human resources, counseling
services, and other constituencies as needed and shall consult with
legal counsel as needed. The violence prevention committee shall
develop a clear statement of mission, membership, and leadership.
Such statement shall be published and made available to the
campus community.
c. Each violence prevention committee shall (i) provide guidance to
students, faculty, and staff regarding recognition of threatening or
aberrant behavior that may represent a physical threat to the
community; (ii) identify members of the campus community to
whom threatening behavior should be reported; (iii) establish
policies and procedures that outline circumstances under which all
faculty and staff are required to report behavior that may represent
a physical threat to the community, provided that such report is
consistent with state and federal law; and (iv) establish policies and
procedures for (a) the assessment of individuals whose behavior may present a threat, (b) appropriate means of intervention with
such individuals, and (c) sufficient means of action, including
interim suspension, referrals to community services boards or
health care providers for evaluation or treatment, medical
separation to resolve potential physical threats, and notification of
family members or guardians, or both, unless such notification
would prove harmful to the individual in question, consistent with
state and federal law.
d. The college shall establish a threat assessment team that includes
members from law enforcement, mental health professionals,
representatives of student affairs and human resources, and, if
available, college or university counsel. Each threat assessment
team shall implement the assessment, intervention, and action
policies set forth by the violence prevention committee pursuant to
subsection (c).
e. Each threat assessment team shall establish relationships or utilize
existing relationships with mental health agencies and local and
state law-enforcement agencies to expedite assessment of and
intervention with individuals whose behavior may present a threat
to safety. Upon a preliminary determination that an individual
poses a threat of violence to self or others or exhibits significantly
disruptive behavior or a need for assistance, the threat assessment
team may obtain criminal history record information as provided in
§§ 19.2-389 and 19.2-389.1 and health records as provided in §
32.1-127.1:03.
f. No member of a threat assessment team shall re-disclose any
criminal history record information or health information obtained
pursuant to this section or otherwise use any record of an
individual beyond the purpose for which such disclosure was made
to the threat assessment team.
g. The college expects that its threat assessment team will be able to
quickly receive information about, assess, and to (1) respond to
incidents, (2) investigate all incidents of workplace violence, and
(3) determine the appropriate response, including interim
measures, and the actions necessary to address a particular
situation.
h. If the alleged offender is a credit student, the threat assessment
team will forward its recommendation to the Vice President for
Academic and Student Services for a final decision. If the alleged
offender is a non-credit student, the threat assessment team will
forward the reports to the Vice President for Workforce, Economic & Community Development for a final decision. If the alleged
offender is an employee or third party, the threat assessment team
will forward its recommendation to the Vice President for
Financial and Administrative Services for a final decision.

PHCC Procedures No applicable procedure

7.7 Handling of Sexual Misconduct Reports and Investigations
7.7.1 In General
The Title IX Coordinator will assist members of the campus community in
reporting incidents to law enforcement authorities upon request. The Title
IX Coordinator will request the consent of the complainant (or alleged
victim if different from the complainant) to report incidents of alleged
sexual violence that occur on campus property to law enforcement.
Members of the campus community may decline to notify law
enforcement authorities and decline their consent for the Title IX
Coordinator to notify law enforcement if they wish. The College will
comply with all requests for cooperation by the campus police or local law
enforcement in investigations. The College may be required to suspend
the Title IX investigation while the campus police or the local law
enforcement agency gathers evidence. The College will resume its Title
IX investigation as soon as the campus police or local law enforcement
agency has completed gathering evidence. Otherwise, the College’s
investigation will not be precluded or suspended on the grounds that
criminal charges involving the same incident have been filed or that
charges have been dismissed or reduced.
Additionally, upon receiving a report of an alleged act of sexual violence
against a student or one that allegedly occurred on property owned or
controlled by the College or on public property within the campus, or
immediately adjacent to and accessible from the campus, the Title IX
Coordinator shall convene the College’s Title IX Review Committee
within 72 hours to review the information reported and any information
obtained through law enforcement records, criminal history record
information, health records, conduct or personnel records, and any other
facts and circumstances, including personally identifiable information,
related to the alleged incident known to the review committee. If it is
determined by the law enforcement representative of the review
committee that the disclosure of the information, including the personally
identifiable information, is necessary to protect the health or safety of the alleged victim or other individuals, the College immediately will disclose
such information to the law enforcement agency that would be responsible
for investigating the alleged incident. The Title IX Coordinator will notify
the alleged victim in writing that such disclosure is being made.
If the report of an alleged act of sexual violence would constitute a felony
sexual assault, within 24 hours of the first Title IX Review Committee
meeting, the law enforcement representative of the review committee shall
notify the local Commonwealth’s Attorney and disclose the information
received by the review committee, including personally identifiable
information, if such information was disclosed pursuant to Paragraph I(4).
If the Title IX Coordinator is aware of such disclosure, the Title IX
Coordinator will notify the alleged victim in writing that such disclosure is
being made.7.7.6 Sexual and Domestic Violence Procedures
<ul><li>Anyone who has experienced sexual violence, domestic violence,
dating violence, or stalking should do the following:
</li><li>Safely find a place away from harm.
</li><li>Call 911 or, if on campus, contact campus police/security.
</li><li>Call a friend, the Title IX Coordinator, a Responsible Employee, a
family member or someone else you trust and ask her or him to
stay with you.
</li><li>Go to the nearest medical facility/emergency room. It is important
to seek appropriate medical attention to ensure your health and
well-being, as well as to preserve any physical evidence.
</li><li>If you suspect that you may have been given a drug, ask the
hospital or clinic where you receive medical care to take a urine
sample. The urine sample should be preserved as evidence. “Rape
drugs,” such as Rohypnol and GHB, are more likely to be detected
in urine than in blood.
</li><li>For professional and confidential counseling support, call the
Virginia Family Violence & Sexual Assault Hotline at 1-800-838-
8238. Help is available 24 hours a day. </li><li>You should take steps to preserve any physical evidence because it
will be necessary to prove criminal domestic violence, dating
violence, sexual violence, or stalking, or to obtain a protective
order</li><li>    Do not wash your hands, bathe, or douche. </li><li>    Do not urinate, if possible.
</li><li>   Do not eat, blow your nose, drink liquids, smoke, or brush
your teeth if oral contact took place.
</li><li>    Keep the clothing worn when the incident occurred. If you
change clothing, place the worn clothing in a paper bag.
</li><li>    Do not destroy any physical evidence that may be found in
the vicinity of the incident by cleaning or straightening the
location of the crime.
</li><li>    Do not clean or straighten the location of the crime until
law enforcement officials have had an opportunity to
collect evidence.
</li><li>    Tell someone the details you remember or write them down
as soon as possible.
</li><li>    Evidence of violence, such as bruising or other visible
injuries, following an incident should be documented by
taking a photograph. Evidence, including any
communications such as written notes, text messages,
email, voice mail, or other electronic communications
should be saved and not altered in any way.</li></ul>7.7.11 Education and Awareness
a. The College conducts a program to educate students and
employees about this Policy and its procedures. The education and
awareness program is designed to promote awareness of sexual
violence, domestic violence, dating violence, and stalking.
b. Incoming students and new employees must take part in a
mandatory primary prevention and awareness program. The
program, at a minimum, shall include:
<ul><li>A statement that the College prohibits the offenses of
domestic violence, dating violence, sexual assault, and
stalking;
</li><li>The definition of domestic violence, dating violence, sexual
assault, and stalking;
</li><li>The definition of consent;
</li><li>Safe and positive options for bystander intervention that
may be carried out by an individual to prevent harm or
intervene when there is a risk of domestic violence, dating
violence, sexual assault, or stalking against a person other
than such individual;
</li><li>Information on risk reduction to recognize warning signs of
abusive behavior and how to avoid potential attacks;
</li><li>Information on possible sanctions, procedures to follow
after an incident of sexual violence, domestic violence
dating violence, or stalking, disciplinary procedures, and
the protection of confidentiality; and
</li><li>Written notification about available resources and services,
and options for academic and work accommodations, if
requested and reasonably available.</li></ul>c. The College also conducts an ongoing prevention and awareness
campaign for all students and employees.7.8. Resolution of Complaints
The College has an obligation and is committed to provide prompt, fair, and
impartial investigation and resolution of alleged violations to this Policy. Title IX
Coordinator(s), investigators, Responsible Employees and hearing officials must
receive training on sexual violence, domestic violence, dating violence, and
stalking, and the conduct of investigations and hearings. The College may resolve
complaints either by an information or formal resolution process.
The parties may agree to proceed under the informal resolution process in matters
not involving sexual violence, domestic violence, dating violence, or stalking.
The formal resolution process will be applied (i) when any party that participated
in the informal resolution process chooses to terminate the informal process, and
(ii) to all matters that are not eligible for informal resolution.
7.8.1 Complainant’s Initial Meeting with the Title IX Coordinator*As soon as is reasonably practicable, the Title IX Coordinator will contact
the complainant to schedule an initial meeting. If the complainant is not
the alleged victim, the Title IX Coordinator also will contact the alleged
victim as soon as possible to schedule an initial meeting. The complainant
may be accompanied by an advisor of his or her choosing. At this initial
meeting, the Title IX Coordinator will:
<ul><li>Provide the complainant with a copy of this Policy;
</li><li>Provide the complainant with a Complaint Form, if necessary;
</li><li>Provide the complainant with the written Notice of Victim’s Rights
and with the written Notice of Victim’s Resources;
</li><li>Explain avenues for formal resolution and informal resolution of
the complaint;
</li><li>Determine whether the complainant wishes to pursue a resolution
(formal or informal) through the College, or no resolution of any
kind;
</li><li>Explain the steps involved in an investigation;</li><li>Discuss confidentiality standards and concerns with the
complainant;
</li><li>Refer the complainant to campus and community resources,
including the local sexual assault crisis center, domestic violence
crisis center, or other victim support service with which the
College has entered into a memorandum of understanding.
</li><li>Discuss with the complainant, as appropriate, possible interim
measures that may be taken or provided when necessary during the
pendency of the investigative and resolution processes;
</li><li>Discuss the right to a fair and impartial resolution of the complaint;
and
</li><li>Discuss the College’s obligation to disclose information about the
complaint, including personally identifiable information, to
campus/local law enforcement or to the local Commonwealth’s
Attorney, or both, under certain conditions.</li></ul><h6>*The College may request a meeting with a third party complainant, but it may not require his or her attendance</h6>7.8.2 Respondent’s Initial Meeting with the Title IX Coordinator As soon as is reasonably practicable, the Title IX Coordinator or designee
will schedule an initial meeting with the respondent. The respondent may
be accompanied by an advisor of his or her choosing. During the initial
meeting with the respondent, the Title IX Coordinator or designee will:
<ul><li>Provide the respondent sufficient information to allow him or her
to respond to the substance of the allegation.
</li><li>Provide the respondent a copy of this Policy;
</li><li>Provide an explanation of the respondent’s rights and options
related to changes in academic, parking, and working
arrangements;
</li><li>Explain the College’s procedures for formal resolution and
informal resolution of the complaint:
</li><li>Explain the steps involved in an investigation;</li><li>Discuss confidentiality standards and concerns with the
respondent;
</li><li>Discuss non-retaliation requirements;
</li><li>Inform the respondent of any interim measures that may be
imposed on the respondent;
</li><li>Refer the respondent to campus and community resources, as
appropriate;
</li><li>Discuss with the respondent, as appropriate, possible interim
measures that can be provided to the respondent during the
pendency of the investigative and resolution processes;
</li><li>Discuss the respondent’s right to due process and a fair and
impartial resolution of the complaint; and
</li><li>If the respondent is a student and the complaint involves an alleged
act of sexual violence, explain to the respondent that the College
will include a notation on the academic transcript if the respondent
is suspended or dismissed after being found responsible, or
withdraws while under investigation, and that the investigation will
continue in the respondent’s absence while being afforded notice
of the charges (and hearing, if applicable) and an opportunity to
respond to all the evidence. </li></ul><h6>*The College may request a meeting with a third party respondent, but it may not require his or her attendance</h6>7.8.3 Informal Resolution
a. After receiving a request from both parties to resolve the complaint
with the informal resolution process, the Title IX Coordinator will
appoint a College official to facilitate an effective and appropriate
resolution. Such official may be a Responsible Employee who was
not involved in the receipt of our investigation of the complaint.
Within five (5) workdays of the appointment, the College official
will request a written statement from the parties to be submitted
within ten (10) workdays. Each party may request to interview
witnesses. Within ten (10) workdays of receiving the written
statements from the parties, the College official will hold a
meeting(s) with the parties and coordinate informal resolution
measures. Each party may have one advisor of his or her choosing
during any meeting; however, the advisor may not speak on the
party’s behalf.
b. The informal resolution process should be completed within thirty
(30) days from the date of the request in most cases, unless good 
61
cause exists to extend the timeframe. The parties will be notified
in writing and given the reason for the delay and an estimated time
of completion. Any party may request in writing that the informal
resolution process be terminated at any time, in which case the
formal resolution process will commence. In addition, any party
can pursue formal resolution if he or she is dissatisfied with the
proposed informal resolution. c. Any resolution of a complaint through the informal process must
be by agreement of both parties. It must address the concerns of
the complainant and the responsibility of the College to address
alleged violations of the Policy, while also respecting the due
process rights of the respondent. Informal resolution remedies
might include mandatory education, counseling, written counseling
by an employee’s supervisor, or other methods. The College
official will provide the complainant and respondent with a copy of
the final written report concurrently. The final written report shall
include the nature of the complaint, a meeting(s) summary, the
informal resolution reached.
There is no right of appeal afforded to the complainant or the respondent
following the informal resolution process.7.8.4 Title IX Coordinator’s Initial Determination
The College shall conduct an investigation of the complaint unless (i) the
complainant does not want the College to pursue the complaint and the
Title IX Coordinator has determined that the College can honor the
request; (ii) it is clear on its face and based on the Title IX Coordinator’s
initial meetings with the victim that no reasonable grounds exist for
believing that the conduct at issue constitutes a violation of this Policy.
The Title IX Coordinator will consider the following factors in
determining whether it is reasonable to investigate the complaint: the
source and nature of the information; the seriousness of the alleged
incident; the specificity of the information; the objectivity and credibility
of the source of the information; and whether the individuals allegedly
subjected to the conduct can be identified.
In the event that the Title IX Coordinator determines that an investigation
of the complaint should not be conducted, he or she will document (in
consultation, as necessary, with the complainant, respondent, and other
College officials), the appropriate resolution of the complaint and inform
the parties of the same. The Title IX Coordinator shall provide specific
and clear written reason(s) why an investigation should not be conducted.
The Title IX Coordinator shall provide the determination that the College
will not investigate the matter ro the complainant and the respondent, 
62
concurrently, within five (5) workdays of the completion of the initial
meetings. This decision is final. 7.8.5 Appointment of the Investigator and Conduct of the Investigation
a. If the Title IX Coordinator determines that an investigation should
be conducted, he or she will appoint an investigator within five (5)
workdays of the completion of the initial meeting. The Title IX
Coordinator will share his or her name and contact information
with the complainant and respondent and will forward the
complaint to the investigator. Within three (3) workdays of such
appointment, the investigator, the complainant or the respondent
may identify to the Title IX Coordinator in writing any potential
conflict of interest posed by assigning such investigator to the
matter. The Title IX Coordinator will consider such statements
and will assign a different individual as investigator if it is
determined that a material conflict of interest exists.
b. The investigator will contact the complainant and respondent
promptly. In most cases, this should occur within three (3)
workdays from the date of the investigator’s appointment or the
conclusion of the informal resolution process, whichever is later.
The investigator will schedule meetings with the parties. The
parties may provide supporting documents, evidence, and
recommendations of witnesses to be interviewed during the course
of the investigation. Each party may have one advisor present
during any meeting with the investigator; however, the advisor
may not speak on the party’s behalf.
c. In the conduct of the investigation, the investigator should weigh
the credibility and demeanor of the complainant, respondent, and
witnesses; the logic and consistency of the evidence, motives, and
any corroborating evidence.
d. The investigation of any alleged violation of this Policy should be
completed within 60 days of the filing of the complaint or the date
on which the College becomes aware of the alleged violation,
unless good cause exists to extend the timeframe. If more time is
necessary, the parties will be notified in writing and given the
reason for the delay and an estimated time of completion.
e. The investigator will complete a written investigative report that
includes summaries of all interviews conducted, photographs,
descriptions of relevant evidence, the rationale for credibility
determinations, summaries of relevant electronic records, and a detailed report of the events in question. The written investigative
report shall include, at minimum, the following information:
<ul><li>The name and gender of the complainant and, if different, the
name and gender of the person reporting the allegation;
</li><li>A statement of the allegation, a description of the incident(s),
and the date(s) and time(s) (if known) of the alleged
incident(s);
</li><li>The date that the complaint or other report was made;
</li><li>The date the respondent was interviewed;
</li><li>The names and gender of all persons alleged to have committed
the alleged violation;
</li><li>The names and gender of all known witnesses to the alleged
incident(s);
</li><li>The dates that any relevant documentary evidence (including
cell phone and other records as appropriate) was obtained;
</li><li>Any written statements of the complainant or the alleged
victim if different from the complainant;
</li><li>The date on which the College deferred its investigation and
disciplinary process because the complainant filed a law
enforcement complaint and the date on which the College
resumed its investigation and disciplinary process (if
applicable); and
</li><li>The outcome of the investigation.</li></ul>f. The investigator will forward the written investigative report to the
Title IX Coordinator.g. The withdrawal of a student from the College while under
investigation for an alleged violation of this Policy involving an act
of sexual violence shall not end the College’s investigation and
resolution of the complaint. The College shall continue the
investigation as set forth under this Policy. The College shall
notify the student of the investigation and afford the student the
opportunity to provide evidence, to review and respond to all the
evidence against the student, and to the written investigative report
prior to making a final determination. The student also shall 
64
receive notice in writing of any hearing, including the day, time,
and location. Upon the student’s withdrawal, the College shall
place a notation on the student’s academic transcript that states,
“Withdrew while under investigation for a violation of Patrick
Henry Community College’s Sexual Misconduct Policy.” After
the College has completed its investigation and resolution of the
complaint, the College shall either (1) remove the notation if the
student is found not responsible, or (2) change the notation to
“Withdrew while under investigation and subsequently found
responsible for a violation of Patrick Henry Community College’s
Sexual Misconduct Policy.” Upon a final determination, the Title
IX Coordinator immediately shall notify the registrar and direct
that the appropriate notation is made. 7.8.6 Determination of Title IX Coordinator and Corrective Action Recommendation
a. Upon the conclusion of the investigation, the Title IX
Coordinator may refer the matter to the Title IX Review
Committee for a non-binding recommendation of whether
there is a preponderance of the evidence to find that the
respondent violated this Policy as alleged. In most cases,
this should occur within five (5) workdays of receiving the
written investigative report from the investigator. The
“preponderance of the evidence” standard requires that the
weight of the evidence, in totality, supports a finding that it
is more likely than not that the alleged violation occurred.
If the Title IX Review Committee finds by a preponderance
of the evidence that a violation of this Policy did occur, the
Title IX Review Committee shall also recommend to the
Title IX Coordinator such sanctions, if any, that it deems
appropriate.
b. The Title IX Coordinator will determine whether there is a
preponderance of the evidence to find that the respondent
violated this Policy as alleged. In most cases, this should
occur within five (5) workdays of receiving the written
investigative report from the investigator. The
“preponderance of the evidence” standard requires that the
weight of the evidence, in totality, supports a finding that it
is more likely than not that the alleged violation occurred.
c. If the Title IX Coordinator finds that the evidence does not
prove by a preponderance of the evidence that the
respondent committed the alleged violation, the matter will
be closed. The Title IX Coordinator will make the
determination in writing (the “Title IX Determination”) and distribute the Title IX Determination to the complainant
and the respondent concurrently. All parties to whom the
Title IX Determination is distributed pursuant to this Policy
should maintain it in confidence. If the Title IX
Coordinator finds that the evidence does not prove by a
preponderance of the evidence that the respondent
committed the alleged violation, the complainant may
appeal that Title IX Determination under the Appeals
procedure described below.
d. If the Title IX Coordinator finds by a preponderance of the
evidence that a violation of this Policy did occur, the Title
IX Coordinator will make a Title IX Determination in
writing and distribute the Title IX Determination with such
finding to the complainant and the respondent concurrently.
All parties to whom the Title IX Determination is
distributed pursuant to this Policy should maintain it in
confidence. The Title IX Determination that a violation
occurred is not a final adjudication of any complaint and
therefore cannot be appealed.
e. When the Title IX Coordinator finds that a violation has
occurred, he or she also shall write a written corrective
action recommendation (the “Corrective Action
Recommendation”) that will contain recommendations for
steps that should be taken to prevent recurrence of any such
violation and to remedy any discriminatory effects. In most
cases, the written Corrective Action Recommendation
should be completed within five (5) workdays after the
distribution of the Title IX Determination. The Title IX
Determination and the Corrective Action Recommendation
may be submitted in the same document and may be
submitted concurrently. If interim measures have been
taken, the written Corrective Action Recommendation shall
include a recommendation regarding continuation,
suspension or modification of any such interim measures.
The Title IX Coordinator shall distribute the written
Corrective Action Recommendation to the complainant and
respondent. The Title IX Coordinator also shall provide the
Title IX Determination and the written Corrective Action
Recommendation to the appropriate College official, as
described below.f. If the respondent is a credit student, the Title IX
Coordinator will forward the Title IX Determination and
the Corrective Action Recommendation to the Vice 
66
President for Academic and Student Services, or other
appropriate official. If the respondent is a non-credit
student, the Title IX Coordinator will forward the reports to
the Vice President for Workforce, Economic & Community
Development, or other appropriate official. Within ten (10)
workdays, the Vice President shall determine whether to
accept the findings and recommendations, modify the
findings and recommendations, reject the findings and
recommendations, and to impose appropriate sanctions, as
described below. The respondent and the Title IX
Coordinator shall receive written notification of Vice
President’s determination. The Title IX Coordinator may
disclose to the complainant the sanctions imposed on the
respondent that directly relate to the complainant as
permitted by state and federal law, including the Federal
Education Rights and Privacy Act (FERPA) and the
Virginia Freedom of Information Act, when such disclosure
is necessary to ensure the safety of the complainant. The
Title IX Coordinator also may disclose in writing to the
complainant the final results of a disciplinary proceeding
involving the respondent with regard to an alleged forcible
or non-forcible sex offense, act of stalking, domestic
violence or dating violence on the complainant, as
permitted by state and federal law including FERPA and
the Virginia Freedom of Information Act. The disclosure
of final results must include only the name of the student,
the violation committed, and any sanction imposed by the
College against the student. g. If the respondent is an employee, the Title IX Coordinator
will forward the reports to the employee’s supervisor or
other appropriate college official. Within ten (10)
workdays, the employee’s supervisor or other appropriate
college official shall determine whether to accept the
findings and recommendations, modify the findings and
recommendations, reject the findings and
recommendations, and to impose appropriate sanctions, as
described below. The respondent and the Title IX
Coordinator shall receive written notification of the
determination.*<h6>*The complainant shall not receive information that would constitute personnel records; however, the College will
take appropriate steps as necessary to protect the safety of the complainant while also complying with state law and
policy.</h6>h. If the respondent is a third party, the Title IX Coordinator
will forward the reports to President. Within ten (10)
workdays, the President shall determine whether to accept
the findings and recommendations, modify the findings and
recommendations, reject the findings and
recommendations, and to impose appropriate sanctions, as
described below. The respondent and the Title IX
Coordinator shall receive written notification of the
determination. The Title IX Coordinator may disclose to
the complainant information as described above.
i. The Title IX Coordinator will advise both the respondent
and the complainant of their right to appeal any finding or
sanction in writing. The written notification also shall
provide information on the appeals process. 7.8.7 Sanctions & Corrective Actions
a. The College will take reasonable steps to prevent the recurrence of
any violations of this Policy and to correct the discriminatory
effects on the complainant (and others, if appropriate). Sanctions
for a finding of responsibility depend upon the nature and gravity
of the misconduct, any record of prior discipline for similar
violations, or both.
b. The range of potential sanctions and corrective actions that may be
imposed against a student includes but is not limited to the
following: required discrimination or harassment education; a
requirement not to repeat or continue the discriminatory, harassing
or retaliatory conduct; verbal or written warning; a no-contact
order; written or verbal apology; verbal or written warning;
probation, suspension, and dismissal from the College.
c. If a student is found responsible for an act of sexual violence under
this Policy and is suspended or dismissed, the student’s academic
transcript shall be noted as follows: “Suspended/Dismissed for a
violation of Patrick Henry Community College’s Sexual
Misconduct Policy.” In the case of a suspension, the College shall
remove such notation immediately following the completion of the
term of suspension and any conditions thereof, and when the
student is considered to be in good standing. The student shall be
considered to be in good standing for the purposes of this section
following the completion of the term of suspension and satisfaction
of all conditions thereof. Upon completion of the suspension, the
Title IX Coordinator (or designee) shall meet with the student to
confirm completion of the conditions and upon such confirmation, 
68
direct the registrar to remove the notation from the student’s
academic transcript.d. If a student withdraws from the College while under investigation
involving an act of sexual violence under this Policy, the student’s
academic transcript shall be noted as follows: “Withdrew while
under investigation for a violation of Patrick Henry Community
College’s Sexual Misconduct Policy.” Students are strongly
encouraged not to withdraw and to participate in the investigation
and resolution of the complaint.
e. The College shall immediately remove the notation from the
student’s academic transcript upon a subsequent finding that the
student is not responsible for an offense of sexual violence under
this Policy. Upon such a finding, the Title IX Coordinator (or
designee) shall direct the registrar to remove the notation from the
student’s academic transcript.
f. Notations on academic transcripts regarding suspensions and
dismissals shall be placed on the student’s academic transcript
after resolution of all appeals.
g. Sanctions for faculty and staff shall be determined in accordance
with the VCCS Policy Manual and the Department of Human
Resource Management Standards of Conduct, respectively.
Possible sanctions and corrective actions include required
discrimination or harassment education, informal or formal
counseling, reassignment, demotion, suspension, nonreappointment, and termination from employment.
h. Third parties, e.g., contractors, may be prohibited from having
access to the campus. Depending on the violation, this prohibition
may be permanent or temporary.
i. Sanctions imposed do not take effect until the resolution of any
timely appeal. However, sanctions may take effect immediately
when the continued presence of an individual on campus may
threaten the safety of an individual or the campus community,
generally. Sanctions will continue in effect until such time as the
appeal process is exhausted in such cases.7.8.8 Student Permanent Record
a. Disciplinary Transcript Notations
Students who have been suspended for, have been permanently
dismissed for, or have withdrawn from a college while under
investigation for an offense involving sexual violence under the
college’s sexual misconduct policy will have a notation stating
either “Suspended/Dismissed for a violation of, or withdrew while
under investigation for a violation of [the name of the College’s]
sexual misconduct policy” placed on their permanent records.
Furthermore, in order to alert other institutions of higher education
of a student who was dismissed for exhibiting threatening or
dangerous behavior, or otherwise has committed an act of
misconduct, colleges may place a statement on the transcript,
which shall state “Misconduct Dismissal.”
Prior to making any disciplinary notation on a transcript, colleges
shall notify the student in writing of such action and give the
student the right to appeal. The appeal may be part of the college’s
normal process for conduct cases. Each college shall adopt a
policy on disciplinary transcript notations that is consistent with
this policy.
b. Student Information System (SIS) Records Indicators
In addition to the above, colleges may place on a student’s SIS
record an XTA service indicator when a student is dismissed for
misconduct, exhibits threatening behavior, or is determined to be a
potential threat. Colleges shall use the XTA indicator only after a
threat assessment team has made a determination that the student
poses a threat to the campus community.
Colleges also may place on a student’s SIS record an XIT service
indicator when a student is under investigation for an act of sexual
violence. If the student is found “not responsible” following an
investigation, colleges shall remove the indicator immediately. For each indicator, prior to placing a service indicator on a
student’s SIS record, colleges shall notify the student that the
college will place the service indicator on the student’s SIS record.
Colleges shall explain the reason for the service indicator and give
the student the right to appeal. The appeal may be part of the
college’s normal process for conduct cases. Each college shall 
70
adopt a policy on the use of service indicators that is consistent
with this policy.
If students who have been dismissed for misconduct or had a
service indicator placed on a student’s SIS record, or both, request
that transcripts of their records be sent to another college, a
statement may be placed on transcripts stating “additional
information available upon request from the designated college
official.”c. Amending Student Records
Under the provisions of the Family Educational Rights and Privacy
Act (“FERPA”), students must have an opportunity to challenge
the accuracy of the information that led to the application of the
indicator to their record at the college placing the indicator. The
challenge may only address the accuracy of the information, any
misleading information, or a violation of the student’s privacy
rights. The college shall decide whether to amend the record as
requested within a reasonable time after the college receives the
request. If the college decides not to amend the record as
requested, it shall inform the student of its decision and of his or
her right to a hearing. If the student prevails at the hearing, the
record shall be corrected and the indicator should be removed,
unless other facts support the continued use of the indicator. If the
college prevails, the student has the right to place a statement in his
or her record challenging the college’s actions. The college must
maintain the statement with the contested part of the record for as
long as the record is maintained and disclose the statement
whenever it discloses the portion of the record to which the
statement relates.
d. Use of Service Indicators in Admission Decisions
If a student with an XTA on his or her student record at one
Virginia community college applies to another community college
(“the new college”), the new college shall conduct an independent
threat assessment to determine whether the applicant continues to
pose a threat to the campus community.7.9 Appeals
7.9.1 Appeals Procedure
a. Third parties shall have no right to appeal any final decision. The
right of appeal shall apply only to students and employees of the
college.
b. Either the complainant or the respondent has the opportunity to
appeal the outcome of a final decision or the sanction(s)
recommended. Individuals must submit a written request for
appeal to the Title IX Coordinator within ten (10) workdays of the
final decision or imposition of sanction(s), whichever is later. The
appeal request must cite the reason(s) for the appeal and provide
evidence and succinct arguments to support those reason(s).
c. Appeals filed after this deadline shall not be considered.
d. Appeals shall be granted for the following reasons only:
    (i) New evidence unavailable at the time of the investigation
that could substantially impact the investigator’s finding.
The appeal should explain why the evidence was
unavailable previously and why such evidence may
substantially impact the investigator’s finding.
    (ii) The decision is not justified by a preponderance of the
evidence and/or mitigating factors that is of such magnitude
as to deny fundamental fairness.
    (iii) The sanction(s) are unjustified by a preponderance of the
evidence and/or mitigating factors warrant a lesser sanction
or aggravating factors warrant a greater sanction.
e. Within five (5) workdays of receipt of the written request for
appeal, the Title IX Coordinator shall notify the Title IX Hearing
Committee Chair to schedule a hearing. The Hearing Committee
Chair will concurrently notify the parties of the time and place of
hearing before the Hearing Committee. The hearing typically will
be scheduled within fifteen (15) workdays of the Committee
Chair’s receipt of the notice of appeal form the Title IX
Coordinator. If the Hearing Committee requires an extension
beyond fifteen (15) workdays is necessary for good cause, both
parties will be notified of the expected time frame concurrently.f. Not less than five (5) workdays prior to the hearing, the parties
must submit a written statement to the Hearing Committee Chair
and to the opposing party that:
    (i) identifies the names and addresses of witnesses that are
requested to be called at the hearing, together with a brief
summary of the anticipated testimony of each witness. The
parties shall be responsible for securing the attendance of
their own witnesses;
    (ii) identifies and includes copies of any documents that will be
used as evidence at the hearing; and
    (iii) requests a specific remedy.
g. A party not appealing the findings or sanction(s) may choose not to
submit information. If a non-appealing party elects not to
participate in the hearing, the Hearing Committee shall use
evidence and statements from the record. The Title IX
Coordinator shall forward the Final Title IX Report and the Final
Corrective Action Report to the Chair of the Hearing Committee as
soon as possible, but no later than ten (10) workdays prior to the
hearing. 7.9.2 Appeal Hearing and Decision
a. Each party may retain an attorney at his or her own expense or
designate a non-attorney advisor to accompany him or her at the
hearing. If either party has retained legal counsel or a non-attorney
advisor, the party must notify the Hearing Committee Chair of
such and provide contact information no later than five (5)
workdays prior to the hearing. The role of the attorney or advisor
for the parties shall be limited to advice and consultation with the
parties or the parties’ witnesses. Attorneys and advisors may not
question witnesses, raise objections, or make statements or
arguments to the Hearing Committee at the hearing. The College
may receive assistance from the Office of System Counsel of the
VCCS System Office.
b. The Hearing Committee Chair shall preside over the hearing. The
hearing shall be conducted in a fair and impartial manner. The
rules of evidence shall not be strictly applied. All evidence and
testimony relevant to whether a violation of this Policy occurred
and whether the grounds for appeal are met by a preponderance of
evidence shall be considered. The Hearing Committee Chair and
its members may question the parties and witnesses. The parties 
73
may question witnesses but may not question each other. The
Hearing Committee Chair will be the final decision maker on all
matters of procedure and evidence during the hearing. All
hearings will be closed to the public.
c. The past sexual history of either party with anyone other than each
other is not admissible. d. The Hearing Committee Chair will arrange for the hearing to be
recorded by audio and/or visual recording devices. Each party will
receive a copy of the recorded hearing upon request and at its own
cost. The hearing need not be stenographically recorded. Parties
may prepare a transcript of the recording at their own expense.
e. The Hearing Committee shall decide the appeal by a simple
majority vote. Within ten (10) workdays after the hearing, the
Hearing Committee Chair will submit a written decision to the
parties, the Title IX Coordinator, and the President of the College,
concurrently. The decision shall include:
    (i) a description of the grounds for appeal;
    (ii) whether such grounds are accepted or rejected and the
rationale for such determination;
    (iii) the Committee’s decision to uphold, modify, or reject the
final decision and/or the sanction(s) and the rationale for
such determination.
f. The decision of the Hearing Committee shall be final as to
students. Any employee aggrieved by the decision of the Hearing
Committee may grieve any disciplinary sanction imposed against
them under the applicable VCCS Policy Manual, and the
Grievance Procedure Manual of the Department of Human
Resource Management. With respect to students, the complaint
resolution procedures outlined in this policy supersede the regular
student grievance procedures.7.9.3 Record Keeping
The Title IX Coordinator shall maintain, in a confidential manner, for at
least five (5) years, paper or electronic files of all complaints, witness
statements, documentary evidence, written investigative reports, review
committee records, written corrective action reports, sanctions, appeal
hearings and associated documents, the responses taken campus personnel
for each complaint, including any interim and permanent steps taken with 
74
respect to the complainant and the respondent, and a narrative of all action
taken to prevent recurrence of any harassing incident(s), including any
written documentation.
This Policy shall be forwarded to the VCCS Office of System Counsel in
July of each year to be reviewed and updated as necessary.

PHCC Attachments & forms No applicable attachments