Fill - Free fillable No. 1108 Rev.: 4 Policies and Procedures Date: (Tidewater Community College) PDF form

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No. 1108 Rev.: 4

Policies and Procedures Date: May 31, 2018

Subject: Sexual Violence, Domestic Violence, Dating Violence, and Stalking

1. Purpose ....................................................................................................................... 2

2. Policy .......................................................................................................................... 2

2.1. Applicability ...................................................................................................... 3

2.2. Notice of Nondiscrimination ............................................................................. 3

2.3. Title IX Coordinator .......................................................................................... 4

2.4. Prevention and Education .............................................................................. 4

2.5. Sexual Violence Incident Review Committee ................................................. 4

2.6. Reporting Incidents .......................................................................................... 4

2.7. Confidentiality and Anonymous Reports .......................................................... 6

2.8. Handling of Reports and Investigations ........................................................... 8

2.9. Interim Measures ........................................................................................... 8

2.10. Written Notification of Rights and Options ....................................................... 9

2.11. Resolution of Complaints ................................................................................. 9

2.12. Retaliation ...................................................................................................... 10

2.13. Amnesty ....................................................................................................... 10

2.14. Sanctions & Corrective Actions .................................................................... 10

2.15. Appeals .......................................................................................................... 12

2.16. Timely Warnings ........................................................................................... 12

2.17. Support Services ............................................................................................ 12

2.18. Education and Awareness ............................................................................. 12

2.19. Academic Freedom and Free Speech ........................................................... 14

2.20. False Allegations ............................................................................................ 14

2.21. Consensual Relationships .............................................................................. 14

2.22. Recordkeeping ............................................................................................... 14

3. Responsibilities ....................................................................................................... 15

4. Procedures................................................................................................................ 15

4.1. Sexual and Domestic Violence Procedures ..................................................... 16

4.2. Reporting Incidents .......................................................................................... 17

4.3. Formal Resolution Process .............................................................................. 18

4.3.1. Complainant’s Initial Meeting with the Title IX Coordinator ....................18

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4.3.2. Respondent’s Initial Meeting with the Assigned Title IX Coordinator ...... 19

4.3.3. Title IX Coordinator’s Initial Determination ............................................ 19

4.3.4. Appointment of the Investigator and Conduct of the Investigation ........ 20

4.3.5. Determination of Title IX Coordinator and Corrective Action Report ..... 22

4.3.6. Appeal .................................................................................................... 23

4.4. Informal Resolution Process ............................................................................. 24

4.5. Education & Awareness and Support Services ................................................ 24

5. Definitions ............................................................................................................... 25

6. References ................................................................................................................ 28

7. Review Periodicity and Responsibility ...................................................................... 28

8. Effective Date and Approval ...................................................................................... 29

9. Review and Revision History .................................................................................. 29

Appendix A: Title IX Investigation Procedures

Form A – Referral Form

Form B – Part I – Reporting Party Statement

Form B – Part II – Responding Party Statement

Form C – Investigation Communications Log

Form D – Investigation Interview Form

1. Purpose

The purpose of this policy is to establish that Tidewater Community College (TCC)

prohibits discrimination, harassment, sexual assault, domestic violence, dating

violence, stalking, and retaliation and to set forth procedures by which such allegations

shall be filed, investigated, and resolved.

2. Policy

Tidewater 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 following general policy statement set forth by the Virginia

Community College System: This institution promotes and maintains educational

opportunities without 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.

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Tidewater Community College shall not tolerate sexual misconduct by any employee,

student, or third party (e.g., contractors or visitors), or groups thereof. The college

considers sexual assault and sexual harassment to be forms of misconduct that

undermine the integrity of the teaching, learning, and workplace relationships. No

student, employee, or third party should be subjected to unsolicited and unwelcome

sexual overtures or conduct, of either a verbal or physical nature. All reported

instances of sexual misconduct shall be investigated. TCC shall provide a prompt, fair,

and impartial investigation and resolution. President’s Cabinet, campus provosts, deans

of student services, and other supervisors shall receive annual training on sexual

misconduct issues and how to conduct an investigation and hearing process that

protects the rights of all parties and the safety of victims.

2.1. 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.

This policy shall apply to the personal conduct of an employee while functioning in

the course and scope of employment and to any sexual misconduct that

adversely affects a college employee’s ability to perform his or her assigned

duties and responsibilities. As required in TCC Policy 3106 (Reference and

Background Checks), any TCC employee convicted of a sexual offense is

required to report such conviction to his/her immediate supervisor and to the

Associate Vice President for Human Resources within five (5) days of the

conviction.

This policy applies to TCC students in their relations with other TCC students

or employees and in connection with any academic, educational, extracurricular,

athletic, or other program of TCC, whether on campus or associated with a

college-sponsored activity at another location.

2.2. Notice of Nondiscrimination

As a recipient of federal funds, Tidewater Community College is required to

publish a notice of nondiscrimination on the basis of sex. Such notice shall be

published on the college’s website and in the college’s catalog and in other

publications, as appropriate. That notice shall be in the following format:

As a recipient of federal funds, Tidewater 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, and similar conduct constitute

sexual discrimination prohibited by 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 Title IX Coordinator is Dr. Jeanne Natali, whose office is

located at Princess Ann Building 1700 College Crescent, in Virginia

Beach and may be contacted by phone at 822-7296 or by email at

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jnatali@tcc.edu.

2.3. Title IX Coordinator

The Title IX Coordinator shall be solely responsible for overseeing the prompt,

fair, and impartial investigation and resolution of complaints filed with the college.

The Director of Intercultural Learning and Women’s Center shall be trained and

serve as the college’s Title IX Coordinator. Campus deans of student services, the

Director of Military and Student Support Services, and the Coordinator of

Educational Accessibility shall be trained and serve as Title IX Deputies for

incidents of sexual misconduct involving students, whether as reporting persons

or respondents.

2.4. Prevention and Education

The Intercultural Learning Center/Women’s Center will work with faculty and staff

to make recommendations and assist with the development and implementation

of educational & awareness programs that address sexual misconduct and related

matters.

2.5. Sexual Violence Incident Review Committee

The Sexual Violence Incident Review Committee shall perform those functions

delineated in the following sections of this policy and its associated procedure.

The Title IX Coordinator shall serve as the chair and convening authority for the

committee. The committee shall be comprised of the following TCC employees:

 The Director of the Intercultural Learning Center and Women’s Center/Title

IX Coordinator

 Campus Provost (of the reporting student’s “home campus” or with

cognizance over the location of the alleged offense if a student is not the

reporting party)

 Campus Dean of Student Services (of the reporting student’s “home

campus” or with cognizance over the location of the alleged offense if a

student is not the reporting party)

 Vice President for Workforce Solutions (for incidents involving a student in

a Workforce Solutions class)

 Associate Vice President for Human Resources (for incidents involving an

employee or contractor)

 Director of Safety & Security

2.6. Reporting Incidents

All members of the TCC community who believe they have been subjected to

crime should immediately report the incident to campus security or local police.

All emergencies or any incident where someone is in imminent danger should be

reported immediately to campus security or local police by dialing 911 or one of

the following numbers:

 Chesapeake Campus

(757) 327-9940

 Green District Building

(757) 327-9924

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 Norfolk Campus

(757) 327-9924

 Portsmouth Campus

(757) 592-7742

 Regional Automotive Center

(757) 327-9899

 Virginia Beach Campus

(757) 327-9900

 Visual Arts Center

(757) 327-9907

 Workforce Solutions

(757) 327-9942

Whether or not a report is made to law enforcement, members of the campus

community should report alleged violations of this policy to the Title IX

Coordinator during normal business hours. 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, found in Appendix A. 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.

Tidewater Community College Title IX Campus Resources

Title IX Coordinator: Dr. Jeanne Natali

1700 College Crescent

Virginia Beach, Virginia 23453

(757) 822-7296

jnatali@tcc.edu

Deputy Title IX Coordinator: Dr. James Edwards

Pass Building

1428 Cedar Rd

Chesapeake, VA 23321

(757) 822-5121

jedwards@tcc.edu

Deputy Title IX Coordinator: Emanuel Chestnut

Andrews Science Building

315 Granby St.

Norfolk, VA 23510

(757) 822-1421

echestnut@tcc.edu

Deputy Title IX Coordinator: Dana Singleton

120 Campus Drive Bldg. A

Portsmouth, VA 23701

(757) 822-2180

dsingleton@tcc.edu

Deputy Title IX Coordinator: Dr. Marilyn Hodge

Bayside Building

1700 College Crescent

Virginia Beach, VA 23453

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Policy 1108 Rev: 4

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(757) 822-7245

mhodge@tcc.edu

Deputy Title IX Coordinator: Ms. Veronica Cianetti

1700 College Crescent

Virginia Beach, VA 23453

(757) 822-7716

vcianetti@tcc.edu

Deputy Title IX Coordinator: Beth Callahan

Princess Anne Building

1700 College Crescent

Virginia Beach, VA 23453

(757) 822-7751

bcallahan@tcc.edu

After normal business hours, members of the campus community should report

alleged violations of this policy to the Title IX Coordinator, Dr. Jeanne Natali (757)

685-9691.

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.

2.7. Confidentiality and Anonymous Reports

Individuals may be concerned about their privacy when they report a possible

violation of this policy. TCC 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 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 law

enforcement officials who must be informed of the information pursuant to this

policy.

Responsible employees shall report all alleged violations of this policy obtained in

the course of his or her employment to the Title IX Coordinator as soon as

practicable after addressing the immediate needs of the complainant. Other

college employees have a duty to report sexual assault, domestic violence,

dating violence, and stalking for federal statistical reporting purposes such as

Campus Security Authorities (CSAs) under the Clery Act. As delineated in TCC

Policy 1303 (Campus Security Authorities), CSAs include student/conduct affairs

personnel, campus security, local police, student activities staff, human resources

staff, and advisors to student organizations. Reports received by the College

concerning the abuse of a minor shall be reported in compliance with state

law and as specified in TCC Policy 3111 (Reporting Child Abuse or Neglect).

If a complainant wishes to keep the report confidential, it is recommended that

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he or she reports the alleged conduct to someone with a duty to maintain

confidentiality, e.g. mental health counselor or clergy. Employees also may

contact the Employee Assistance Program. If the complainant requests that the

complainant’s identity is not released to anyone else, the College’s ability to

investigate and take reasonable action in response to a complaint may be limited.

In such cases, the College shall evaluate the request(s) that a complaint remain

confidential 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:

 The seriousness of the allegation(s);

 The complainant’s or alleged victim’s age;

 Whether there have been other similar complaints against the same

respondent;

 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

 The applicability of any laws mandating disclosure.

Therefore, the College may pursue an investigation even if the complainant

requests that no action be taken and the college will not be able to ensure

confidentiality in all cases. The Title IX Coordinator shall notify the

complainant in writing when it is determined that the college will be unable

to maintain confidentiality or respect the complainant’s request for no

further action.

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

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. The review committee may try to

reach a consensus, but it is the law enforcement representative of the review

committee that ultimately determines whether 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 shall

disclose such information to the law enforcement agency that would be

responsible for investigating the alleged incident immediately. The Title IX

Coordinator will notify the complainant 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 review team 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,

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including personally identifiable information, if such information was disclosed

pursuant to the previous paragraph. The law enforcement representative usually

will make this disclosure; however, any member of the review committee may

decide independently that such disclosure is required under state law and within

24 hours of the first review team meeting shall disclose the information to the

local Commonwealth’s Attorney, including personally identifiable information, if

such information was disclosed pursuant to the previous paragraph. If the Title IX

Coordinator is aware of such disclosure, the Title IX Coordinator will notify the

alleged complainant in writing that such disclosure is being made. In addition,

law enforcement will notify the local Commonwealth’s Attorney within 48 hours

of beginning an investigation involving a felony sexual assault.

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. 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. 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.

2.8. Handling of Reports and Investigations

The Title IX Coordinator will assist members of the campus community in

reporting incidents to law enforcement authorities upon request. When allowable

under Virginia law, 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.

Under Virginia law the college may determine that the disclosure of information to

local law enforcement regarding the alleged incident of sexual violence, including

personally identifiable information, is necessary to protect the health and safety of

the complainant or other individuals. The College is also required to notify the local

Commonwealth’s Attorney of alleged incidents of sexual violence that constitute a

felony. 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. TCC shall comply with all requests for cooperation by

the state police or local law enforcement in investigations. The College may be

required to suspend the Title IX investigation while the state police or the local

law enforcement agency gathers evidence. The College shall resume its Title IX

investigation as soon as the state police or local law enforcement agency has given

notice that they have completed gathering evidence. Otherwise, the College’s

investigation shall 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.

2.9. Interim Measures

Prior to the resolution of a complaint, the College may suspend or place on

disciplinary or administrative leave the respondent when it is determined that the

respondent’s continued presence on campus threatens the safety of an individual or

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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. TCC 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.

Notwithstanding the above, TCC 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

shall enforce orders of protection issued by courts on all college premises to the

extent possible.

The College may implement other measures for either the complainant or the

respondent if requested, appropriate, and reasonably available, 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.

2.10.Written Notification of Rights and Options

Members of the College 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 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.

2.11.Resolution of Complaints

TCC has an obligation to the entire College community. Accordingly, TCC may

pursue an investigation even if the complainant requests that no action is taken

and the College will not be able to ensure confidentiality in all cases. TCC will

notify the complainant in writing when it is unable to maintain confidentiality or

respect the complainant’s request for no further action.

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TCC must provide a prompt, fair, and impartial investigation and resolution of

alleged violations to this Policy and is committed to so doing. Title IX Coordinator(s),

investigators, and hearing officials must receive annual 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 informal or formal

resolution process.

Suspending an Investigation

. TCC will comply with all requests for cooperation

by campus security or local law enforcement in investigations. The College may be

required to suspend the Title IX investigation while campus security or the local law

enforcement agency gathers evidence. The College will resume its Title IX

investigation as soon as campus security 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.

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 shall be applied (i) when any party that

participated in the informal resolution process chooses to terminate the process,

and (ii) to all matters that are not eligible for informal resolution.

2.12. Retaliation

Any form of retaliation, including intimidation, threats, harassment, and other

adverse action taken or threatened against any complainant or person reporting a

complaint alleging a violation of this policy, or any person cooperating in the

investigation of allegations of violations of this policy, to include testifying, assisting

or participating in any manner in an investigation pursuant to this policy and the

resolution procedures is strictly prohibited by this policy. Action is generally deemed

adverse if it would deter a reasonable person in the same circumstances from

opposing practices prohibited by this policy. Retaliation may result in disciplinary or

other action independent of the sanctions or interim measures imposed in

response to the underlying allegations of violations of this policy.

2.13. Amnesty

TCC encourages the reporting of incidents that violate this policy. The use of

alcohol or drugs will 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 underage drinking; however, the College

shall 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. TCC may provide referrals to

counseling and may require educational options, rather than disciplinary

sanctions, in such cases.

2.14. Sanctions & Corrective Actions

TCC 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 will depend upon the

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nature and gravity of the misconduct, any record of prior discipline for similar

violations, or both.

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; 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.

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 Tidewater 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, direct the College

Registrar to remove the notation from the student’s academic transcript.

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 Tidewater

Community College’s sexual misconduct policy.” Students are strongly

encouraged not to withdraw from the College.

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 College Registrar to remove the

notation from the student’s academic transcript.

Notations on academic transcripts regarding suspensions and dismissals shall

be placed on the student’s academic transcript after resolution of all appeals.

Sanctions for faculty or classified employees shall be determined in accordance

with the VCCS Policy Manual Section 3.12 (Faculty Sanctions) and the

Department of Human Resource Management Standards of Conduct Policy 1.60

respectively. Possible sanctions and corrective actions include required

discrimination or harassment education, informal or formal counseling,

reassignment, demotion, suspension, non-reappointment, and termination from

employment.

Third parties, e.g., contractors, will be prohibited from having access to the

College. Depending on the violation, this prohibition may be permanent or

temporary.

The Title IX Coordinator will determine the final accommodations to be provided to

the complainant, if any.

Sanctions imposed do not take effect until resolution of any timely appeal.

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However, sanctions may take effect immediately when the continued presence of

an individual on campus may threaten the safety of an individual or the college

community, generally. Sanctions will continue in effect until such time as the

appeal process is exhausted in such cases.

2.15. Appeals

Either the complainant or the respondent has the opportunity to appeal the

outcome of the written investigative report or the sanctions recommended.

Appeals shall be conducted in accordance with the applicable grievance

procedures described in the Student Handbook, VCCS Policy Manual, and the

DHRM Grievance Procedure Manual based on the status of the person filing the

appeal. Third parties may request that the College reconsider its decision in writing

to the Executive Staff member responsible for the area.

2.16.Timely Warnings

TCC 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 College

community. The College shall ensure, to every extent possible, that an alleged

victim’s name and other identifying information is not disclosed, while still providing

enough information for members of the college community to make decisions

to address their own safety in light of the potential danger.

2.17.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. For more information about

available resources, go to: https://www.tcc.edu/student-services/personal-

support/womens-center

2.18.Education and Awareness

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. Incoming students and new employees shall participate in a mandatory

primary prevention and awareness program.

The program, at a minimum, shall include:

 A statement that the College prohibits the offenses of domestic violence,

dating violence, sexual assault, and stalking;

 The definition of domestic violence, dating violence, sexual assault, and

stalking;

 The definition of consent;

 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;

 Information on risk reduction to recognize warning signs of abusive behavior

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and how to avoid potential attacks;

 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

 Written notification about available resources and services, and options for

academic and work accommodations, if requested and reasonably available.

The College also conducts an ongoing prevention and awareness campaign for

all students and employees. The campaign shall include, at a minimum, the

information provided to incoming students and new employees.

The Title IX Coordinator shall chair and work in collaboration with the Sexual

Misconduct Prevention Education & Healthy Relationships Committee to oversee

the development and implementation of TCC’s education and awareness

program to promote awareness of this policy and of sexual violence, domestic

violence, dating violence, and stalking. At a minimum, the primary prevention and

education program shall include:

 a statement that the college prohibits the offenses of domestic violence,

dating violence, sexual assault, and stalking;

 the definition of domestic violence, dating violence, sexual assault, and

stalking;

 the definition of consent;

 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;

 information on risk reduction to recognize warning signs of abusive

behavior and how to avoid potential attacks;

 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

 written notification about available resources and services, and options for

academic and work accommodations, if requested and reasonably

available.

Incoming students and new employees must participate in the primary prevention

and awareness program. The college shall also provide an ongoing prevention

and awareness campaign for all students and employees. The campaign shall

include, at a minimum, the information provided to incoming students and new

employees.

The Title IX Coordinator shall assure that all students and employees receive

information in writing regarding the availability of counseling, health care, mental

health care, victim advocacy, legal assistance, and other services available in the

community as well as through the college. Information about available resources

shall be provided on the college’s website at http://web.tcc.edu/student-

handbook/safety-and-security.php.

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2.19.Academic Freedom and Free Speech

This policy does not allow censorship of constitutionally protected expression. As

a “marketplace of ideas,” the College encourages intellectual inquiry and

recognizes that such inquiry may result in intellectual disagreements. Verbal or

written communications shall constitute sexual harassment only when such

communications are sufficiently severe, pervasive, and objectively offensive that

they undermine and detract from an employee’s work performance or a student’s

educational experience. Verbal or written communications, without accompanying

unwanted sexual physical contact, is not sexual or sexual assault.

In addressing all complaints and reports of alleged violations of this policy, TCC

will take all permissible actions to ensure the safety of students and employees

while complying with any and all applicable guidance regarding free speech

rights of students and employees. This policy does not apply to curriculum,

curricular materials, or abridge the use of particular textbooks.

2.20.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.

2.21.Consensual Relationships

Pursuant to VCCS Policy 3.14.2, consenting romantic 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 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.

2.22.Recordkeeping

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 by College personnel for each complaint,

including any interim and permanent steps taken with 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.

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3. Responsibilities

The Associate Vice President for Student Affairs shall develop and maintain

procedures that are consistent with this policy.

The Associate Vice President for Student Affairs shall serve as the college’s Title IX

Coordinator. As such, the Associate Vice President shall be responsible for overseeing

all Title IX complaints and identifying and addressing any patterns or systemic

problems that arise during the review of such complaints. Campus provosts, deans of

student services, and employee supervisors, in performing the responsibilities

delineated in the following procedures, shall act in the capacity of deputies to the

college’s Title IX Coordinator.

All campus provosts, campus deans of student services, and supervisors shall ensure

that employees and students are in full compliance with this policy and associated

legal guidelines. Upon receiving a complaint of sexual misconduct, provosts, campus

deans of student services, and supervisors shall immediately contact the college’s

Title IX Coordinator to ensure a prompt, fair investigation of the complaint. All

complaints must be thoroughly investigated. The college’s Title IX Coordinator shall

provide guidance and assistance in the proper handling of any allegations.

4. Procedures

The following procedures shall be used by members of the college community to

address complaints alleging sexual misconduct. The following procedures have been

developed for student/student, student/employee, and employee/student complaints.

In all instances, reasonable efforts shall be made to reach a fair and equitable

resolution in a timely manner. Both the complainant and the respondent will be

promptly notified of the outcome and afforded an opportunity to appeal.

The complainant and the respondent have a right to not have their unrelated past

sexual history discussed as part of these procedures.

The rights of the respondent include a right to an explanation of the charges; the right

to testify on his/her own behalf; the right to call witnesses to testify on his/her own

behalf; the right to be informed in a timely manner of the findings and outcome of the

proceedings; and the right to appeal. TCC will safeguard the identity of the

complainant outside the confidential proceedings of the college’s established process,

unless consent is secured from the complainant to reveal his/her identity.

These procedures are not intended to impair or limit the right of anyone to seek

resolution under state or federal law. Initiating College action against the respondent

does not preclude the complainant from initiating civil or criminal action against the

respondent. Initiating civil action does not preclude the complainant from taking

College or criminal action nor does initiating criminal action preclude the complainant

from taking College or civil action.

Sexual violence and sexual assault are criminal activities. If there is a concurrent

investigation, TCC will not wait for the conclusion of the criminal investigation to begin

the College’s investigation process. TCC will take immediate steps to protect the

complainant within the educational setting. TCC may delay temporarily the fact-finding

portion of the investigation while law enforcement is gathering evidence. Once notified

that law enforcement evidence gathering is complete, TCC will promptly resume its

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fact finding for the Title IX investigation.

Once a TCC official is aware of possible sexual harassment or sexual misconduct,

immediate and appropriate action must be taken to investigate what has occurred,

take reasonable steps to end any harassment, eliminate a hostile environment if one

has been created, and take reasonable steps to prevent a recurrence of the

harassment. These steps are the responsibility of TCC, whether or not a complaint is

filed. To that end, any College employee becoming aware of a violation of this policy

shall report such knowledge promptly to TCC’s Title IX Coordinator who shall notify

other College officials as appropriate. If the alleged policy violation involves criminal

activity, the Title IX Coordinator shall notify the Director of Safety and Security who

shall insure that the appropriate law enforcement agency is notified. See section 4.2

for reporting of alleged acts of sexual violence.

4.1. Sexual and Domestic Violence Procedures

An individual who has experienced sexual violence, domestic violence, dating

violence, or stalking should do the following:

 Safely find a place away from harm.

 Call 911 or, if on campus, contact campus security.

 Call a friend, a campus advocate, a family member, or some other trusted

person and ask him/her to stay with you.

 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.

 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 and

preserve it as evidence. “Rape drugs,” such as Rohypnol and GHB, are

more likely to be detected in urine than in blood.

 For professional and confidential counseling support, the Virginia Family

Violence & Sexual Assault Hotline should be called at 1-800-838-8238.

Help is available 24 hours a day.

 You should take steps to preserve any physical evidence because it will be

necessary to prove criminal domestic violence, dating violence, sexual

assault, or stalking, or to obtain a protective order until evidence is gathered

by medical or law enforcement authorities.

o Do not wash your hands, bathe, or douche. Do not urinate, if

possible.

o Do not eat, blow your nose, drink liquids, smoke, or brush your

teeth if oral contact took place.

o Keep the clothing worn when the incident occurred. If you change

clothing, place the worn clothing worn in a paper bag.

o 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

until law enforcement officials have had an opportunity to collect

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evidence.

o Tell someone all the details you remember or write them down as

soon as possible.

o Maintain text messages, pictures, online postings, video, and other

documentary or electronic evidence that may corroborate a

complaint.

4.2. Reporting Incidents

Members of the College community who believe they have been subjected to

crimes should immediately report the incident to campus security or local police.

All emergencies or any incident where someone is in imminent danger should

be reported immediately to campus security or local police by dialing 911.

Whether or not a report is made to law enforcement authorities, members of the

College community should report alleged violations of this policy to the Title IX

Coordinator or a Deputy during normal business hours. To help ensure a prompt,

fair, and impartial investigation and resolution, individuals are encouraged to

complete a Complaint Form (Appendix A) and submit the written complaint to the

Title IX Coordinator or a Deputy. Although strongly encouraged, a complainant is

not required to submit a written complaint or to use the Complaint Form if

submitting a written complaint. After normal business hours, members of the

College community should report alleged violations of this policy to campus

security. A Deputy Title IX Coordinator receiving a report of an alleged violation of

this policy shall promptly forward the report to the Title IX Coordinator. Contact

information for reporting such violations is provided in Appendix B.

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.

If a complainant wishes to keep the report confidential, it is recommended that he

or she reports the alleged conduct to someone with a duty to maintain

confidentiality, e.g., mental health counselor or clergy. Employees may contact

the Employee Assistance Program.

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 Sexual

Violence Incident 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

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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 review team 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 the paragraph immediately above. The law enforcement

representative usually will make this disclosure; however, any member of the

review committee may decide independently that such disclosure is required

under state law and within 24 hours of the first review team meeting shall disclose

the information to the local Commonwealth’s Attorney, including personally

identifiable information, if such information was disclosed pursuant to the

paragraph immediately above. 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.

4.3. Formal Resolution Process

The formal resolution process will be applied (i) when any party to the complaint

requests a formal resolution and (ii) to all matters that are not eligible for informal

resolution, e.g., sexual violence, domestic violence, dating violence, and stalking.

4.3.1. Complainant’s Initial Meeting with the Title IX Coordinator

As soon as is 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 Title IX Coordinator shall inform the complainant that he or

she may be accompanied by an advisor of his or her choosing at the meeting. At

this initial meeting, the Title IX Coordinator will:

a) Provide the complainant a copy of this Policy;

b) Provide the complainant with a Complaint Form (Appendix A), if

necessary;

c) Provide a written explanation of the complainant’s rights and options

related to changes in academic, parking, and working arrangements;

Explain avenues for formal resolution and informal resolution of the

complaint;

d) Explain the steps involved in an investigation;

e) Discuss confidentiality standards and concerns with the complainant;

f) Determine whether an informal resolution is permissible, and whether

the complainant wishes to pursue a resolution (formal or informal)

through the College or no resolution of any kind;

g) Refer the complainant to college 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;

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h) 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;

i) Discuss the right to a prompt, fair and impartial resolution of the

complaint; and

j) 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.

4.3.2. Respondent’s Initial Meeting with the Assigned Title IX Coordinator

As soon as is practicable, the Title IX Coordinator will schedule an initial meeting

with the respondent. The Title IX Coordinator shall inform the respondent that

he or she may be accompanied by an advisor of his/her choosing at that meeting.

During the initial meeting with the respondent, the Title IX Coordinator will:;

a) provide the respondent, in writing, sufficient information to allow

him/her to respond to the substance of the allegation;

b) provide the respondent a copy of this policy;

c) provide a written explanation of the respondent’s rights and options

related to changes in academic, parking, and working arrangements;

d) explain the college’s procedures for formal resolution and informal

resolution of the complaint;

e) explain the steps involved in an investigation;

f) discuss confidentiality standards and concerns with the respondent;

g) discuss non‐retaliation requirements

;

h) inform the respondent of any interim measures that may be imposed

on the respondent;

i) refer the respondent to college and community resources, as

appropriate;

j) 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;

k) discuss the respondent’s right to due process and a prompt, fair and

impartial resolution of the complaint; and

l) 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 if the

respondent withdraws while under investigation, that the investigation

may continue in the respondent’s absence, if possible, while being

afforded notice of the charges (and hearing, if applicable) and an

opportunity to respond to all the evidence.

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4.3.3. 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; or (ii) it is

clear on its face and based on the Title IX Coordinator’s initial meetings with the

parties 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 to the complainant

and the respondent, concurrently, within five (5) workdays of the completion of

the initial meetings. This decision is final.

4.3.4. Appointment of the Investigator and Conduct of the Investigation

If the Title IX Coordinator determines that an investigation should be conducted,

he/she will appoint an investigator within five (5) workdays of the completion of the

initial meetings. The Title IX Coordinator will share the investigator’s name and

contact information with the complainant and respondent and will forward the

complaint to the investigator. Within three (3) workdays of such appointment,

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.

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.

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.

The investigation of any alleged violation of this policy should be completed

within 60 calendar 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

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extend the timeframe. The 60-calendar timeframe refers to the entire investigation

process, which includes conducting the fact-finding investigation, holding a hearing or

engaging in another decision-making process to determine whether the alleged

incident occurred, and determining what actions the College will take in response,

including the imposition of sanctions. The 60-calendar day timeframe does not include

appeals. If the process must be suspended or delayed for any reason and more time

is necessary, the Title IX Coordinator will notify the parties in writing and give the

reason for the delay and an estimated time of completion.

Both complainant and respondent will have the opportunity to review and respond

to evidence obtained during the investigation. Each party also will have the

opportunity to review and comment on the written investigative report within

seven (7) workdays of receiving the report. The final written investigative report

and the parties’ responses thereto shall be part of the record.

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:

 The name and gender of the complainant and, if different, the name

and gender of the person reporting the allegation;

 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);

 The date that the complaint or other report was made;

 The date the respondent was interviewed;

 The names and gender of all persons alleged to have committed

the alleged violation;

 The names and gender of all known witnesses to the alleged

incident(s);

 The dates that any relevant documentary evidence (including cell

phone and other records as appropriate) was obtained;

 Any written statements of the complainant or the alleged victim if

different from the complainant; and

 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).

The investigator will forward the written investigative report to the Title IX

Coordinator.

The withdrawal of a student from the college while under investigation for an

alleged violation of this policy involving an act of sexual violence in most cases,

should not end the College’s investigation and resolution of the complaint. The

College shall continue the investigation if possible as set forth under this policy.

The College shall notify the student in writing of the investigation and afford the

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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 receive notice in writing of any

hearing, including the day, time, and location.

Upon the student’s withdrawal, the College Registrar shall place a notation on the

student’s academic transcript that states, “Withdrew while under investigation for

a violation of Tidewater Community College’s sexual misconduct policy.” After

the College has completed its investigation and resolution of the complaint,

the Title IX Coordinator shall immediately notify the College Registrar who will

either (1) remove the notation if the student is found not responsible or (2)

change the notation to reflect either a suspension or dismissal for a violation of

the policy if either was imposed. The College shall end the investigation and

resolution of the complaint if the College cannot locate the respondent and

provide him or her notice and the opportunity to respond. In such cases, the

College shall maintain the withdrawal notation on the student’s academic transcript.

Upon a final determination, the Title IX Coordinator immediately shall notify the

College Registrar and direct that the appropriate notation is made.

4.3.5. Determination of Title IX Coordinator and Corrective Action Report

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.

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 and distribute the written investigative report with such

finding to the complainant and the respondent concurrently. All parties to whom

the written investigative report is distributed pursuant to this policy should maintain

it in confidence. Both the complainant and the respondent may appeal the finding

under the procedure described below.

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 the determination in

writing and distribute the written investigative report with such finding to the

complainant and the respondent concurrently. All parties to whom the written

investigative report is distributed pursuant to this policy should maintain it in

confidence. Both the complainant and the respondent may appeal the finding under

the procedure described below.

When the Title IX Coordinator finds that a violation has occurred, he or she also

shall write a separate written corrective action report that will contain

recommendations for steps that should be taken to prevent recurrence of any

such violation and to remedy any discriminatory effects. If interim measures as

described above have been taken, the written corrective action report shall include

a recommendation regarding continuation, suspension, or modification of any such

interim measures. The Title IX Coordinator shall distribute the written corrective

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action report to the complainant and respondent concurrently. In most cases,

the written corrective action report should be completed within five (5) workdays

after the distribution of the written investigative report. The written investigative

report and the corrective action report may be submitted concurrently. The Title

IX Coordinator also shall provide the written investigative report and the written

corrective action report to the appropriate college official, as described below.

If the respondent is a student, the Title IX Coordinator will forward the reports

to the respective Campus Dean of Student Services. Within ten (10) workdays,

the Campus Dean of Student Services shall determine and impose appropriate

sanctions, as described below. The respondent and the Title IX Coordinator

shall receive written notification of sanction(s). When the respondent is a student,

within five (5) workdays of receipt, 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

Educational 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.

If the respondent is an employee, the Title IX Coordinator will forward the reports

to the employee’s supervisor and the Associate Vice President of Human

Resources. Within ten (10) workdays, in consultation with the Associate Vice

President of Human Resources, the employee’s supervisor shall determine and

impose appropriate sanctions, as described below. The respondent and the

Title IX Coordinator shall receive written notification of sanction(s).

If the respondent is a third party, the Title IX Coordinator will forward the reports

to the President’s Cabinet member responsible for the third party contractor.

Within ten (10) workdays, the President’s Cabinet member shall determine and

impose appropriate sanctions, as described below. The respondent and the Title

IX Coordinator shall receive written notification of sanction(s). The Title IX

Coordinator may disclose to the complainant information as described above.

4.3.6. Appeal

The Title IX Coordinator will advise the complainant and the respondent of their

right to appeal any finding or sanction in writing. The written notification also

shall provide information on the appeals process based on the appellant’s

student, employee, or third party status. If the complainant or respondent does

not contest the finding or recommended sanction(s), he or she shall sign a

statement acknowledging such. The signed statement shall be part of the record.

Either the complainant or the respondent has the opportunity to appeal the

outcome of the written investigative report or the sanction(s) recommended.

Appeals shall be conducted in accordance with the applicable grievance

procedures described in the Student Handbook, VCCS Policy Manual, and the

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Grievance Procedure Manual of the Department of Human Resource

Management. Third parties may request that the College reconsider its decision in

writing to the Executive Vice President for Academic and Student Affairs.

Informal Resolution Process

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. Within three (3) workdays of

such appointment, the College official, the complainant or the respondent may

identify to the Title IX Coordinator in writing any potential conflict of interest posed

by assigning such official to the matter.

The Title IX Coordinator will consider such statements and will assign a different

individual to facilitate if it is determined that a material conflict of interest exists.

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 that witnesses are interviewed. Within ten (10) workdays of

receiving the written statements, the College official will hold a meeting(s) with

the parties and coordinate informal resolution measures. The College official

shall review the information that is covered in the initial meeting under the formal

process, as provided in 4.3 Formal Resolution Process. The College official shall

document the meeting(s) in writing. 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.

The informal resolution process should be complete within thirty (30) days in

most cases, unless good 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.

Any resolution of a complaint through the informal process 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 remedies

applied, and whether the complaint was resolved through the informal resolution

process.

Either party can pursue formal resolution if he or she is dissatisfied with the

proposed informal resolution.

4.4. Education & Awareness and Support Services

The Title IX Coordinator shall chair and work in collaboration with the

Intercultural Learning Center/Women’s Center to oversee the development and

implementation of TCC’s education and awareness program to promote

awareness of this policy and of sexual violence, domestic violence, dating

Sexual Violence, Domestic Violence, Dating Violence, and Stalking

Page 24 of 32

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Tidewater Community College Policy 1108 Rev: 4

Policies and Procedures May 31, 2018

violence, and stalking. At a minimum, the primary prevention and education

program shall include:

 A statement that the college prohibits the offenses of domestic violence,

dating violence, sexual assault, and stalking;

 The definition of domestic violence, dating violence, sexual assault, and

stalking;

 The definition of consent;

 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;

 Information on risk reduction to recognize warning signs of abusive

behavior and how to avoid potential attacks;

 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

 Written notification about available resources and services, and options for

academic and work accommodations, if requested, and reasonably

available.

Incoming students and new employees must participate in the primary prevention

and awareness program. The college shall also provide an ongoing prevention

and awareness campaign for all students and employees. The campaign shall

include, at a minimum, the information provided to incoming students and new

employees.

The Title IX Coordinator shall assure that all students and employees receive

information in writing regarding the availability of counseling, health care, mental

health care, victim advocacy, legal assistance, and other services available in the

community as well as through the college. Information about available resources

shall be provided on the college’s website at http://web.tcc.edu/student-

handbook/safety-and-security.php.

5. Definitions

Advisor: An individual who provides the complainant and 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.

Complainant: Refers to an individual who may have been the subject of a violation

Sexual Violence, Domestic Violence, Dating Violence, and Stalking

Page 25 of 32

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Tidewater Community College Policy 1108 Rev: 4

Policies and Procedures May 31, 2018

of this policy and files a complaint against a faculty member, staff member, or 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 cannot consent who is

under the age of legal consent. The existence of consent is based on the totality of

the circumstances, including the context in which the alleged incident occurred.

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 otherwise rendered the person physically unable to communicate

an unwillingness to act and about which the accused knew or should have known.

Physical helplessness may be reached through the use of alcohol or drugs.

Dating Violence: Violence, force, or threat that results in bodily injury or places one in

reasonable apprehension of death, sexual assault, or bodily injury 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: Violence, force, or threat that results in bodily injury or places

one in reasonable apprehension of death, sexual assault, or bodily injury and 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.

Respondent: Refers to the individual who has been accused of violating this policy.

Responsible Employee: 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.

[Any employee with supervisory authority is a responsible employee. Alternatively, the

College may name responsible employees by title, or name employees who are CSAs

as responsible employees.] A responsible employee shall not be an employee who, in

his/her 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.

Review Committee: Review committee refers to the committee consisting of three or

Sexual Violence, Domestic Violence, Dating Violence, and Stalking

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Tidewater Community College Policy 1108 Rev: 4

Policies and Procedures May 31, 2018

more persons, including the Title IX Coordinator or his/her designee, a representative of

campus police or campus security, and a student affairs representative, that is

responsible for reviewing information related to acts of sexual violence.

Sex Discrimination: Unlawful treatment of another based on the individual's sex that

excludes an individual from participation in, separates, denies the individual the

benefits of, or otherwise adversely affects a term or condition of an individual's

employment, education, or participation in college program or activity.

Sexual Assault: The intentional physical 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: Occurs when a student takes non-consensual or abusive sexual

advantage of another for his/her own advantage or benefit, or to benefit or advantage

anyone other than the one 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 to expose their genitals, and knowingly transmitting

HIV or an STD to another.

Sexual Harassment: Unwelcome sexual advances, requests for sexual favors, and

other verbal, nonverbal, or physical conduct of a sexual nature. Sexual harassment

shall be considered to have occurred in the following instances:

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, pervasive, and objectively offensive that

it undermines and detracts from an employee’s work performance or a student’s

educational experience.

Sexual Misconduct: Encompasses a range of behavior used to obtain sexual

gratification against another’s will or at the expense of another. Sexual misconduct

includes rape, sexual harassment, sexual assault, sexual exploitation, and sexual

violence.

Sexual Violence: Any intentional physical sexual abuse committed against a person’s

will or where a person is incapable of giving consent. Sexual violence includes rape,

sexual assault, and sexual battery.

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

know that the conduct places that other person in reasonable fear of death, criminal

sexual assault, or bodily injury to that other person or to that other person's family or

household member.

Sexual Violence, Domestic Violence, Dating Violence, and Stalking

Page 27 of 32

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Tidewater Community College Policy 1108 Rev: 4

Policies and Procedures May 31, 2018

Third Party: A third party is any person who is not a student or employee of the

college.

6. References

DHRM Grievance Procedure Manual

DHRM Policy 1.60 (Standards of Conduct)

Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part

99)

Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act

(20 USC § 1092(f))

Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act,

as Amended by the Violence against Women Reauthorization Act of 2013 (20 USC §

1092(f))

Of f ice of Man a gem e nt a n d Bud ge t’s Fina l Bu lle tin f o r Agen cy Go o d Practices, 7 2 Fed.

Reg. 3432 (Jan. 25, 2007)

TCC Policy 1200 (Equal Opportunity and Nondiscrimination)

TCC Policy 1301 (Prevention of Campus and Workplace Violence)

TCC Policy 1303 (Campus Security Authorities)

TCC Policy 3106 (Reference and Background Checks)

TCC Policy 3111 (Reporting Child Abuse or Neglect)

Title IX of the Civil Rights Act of 1964 (20 U.S.C. §1681)

U.S. Department of Education OCR Revised Sexual Harassment Guidance (January

2011)

VCCS Policy Manual Section 3 (Conflict in Interest in Employment, Faculty Sanctions,

and Consensual & Familial Relations)

VCCS Policy Manual Section 6.5.5 (Sex Discrimination and Sexual Misconduct Policy)

Violence Against Women Reauthorization Act of 2013

Virginia Go ve rno r’s E xe cu tive O rde r 1 (20 14 )

7. Review Periodicity and Responsibility

The Executive Vice President for Academic & Student Affairs shall review this policy

at the anniversary of its approval and, if necessary, recommend revisions. This Policy

shall be forwarded to the VCCS Office of System Counsel in July of each year to be

reviewed and updated as necessary.

Sexual Violence, Domestic Violence, Dating Violence, and Stalking

Page 28 of 32

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Tidewater Community College Policy 1108 Rev: 4

Policies and Procedures May 31, 2018

8. Effective Date and Approval

This revision to the policy is effective upon its approval by the College President on

May 31, 2018.

Policy Approved: Procedure Developed:

Edna V. Baehre-Kolovani, Ph.D. Daniel T. DeMarte

President Executive Vice President for

Academic & Student Affairs

9. Review and Revision History

The initial version of this policy was approved October 9, 2014.

 Revision 1 provides additional procedural guidance regarding potential conflict

of interest with the college official designated to facilitate the informal resolution

process or to consider an appeal of the results of a formal resolution process.

Approved January 28, 2015 by President Edna V. Baehre-Kolovani, Ph.D.

 Revision 2 updates the policy to comply with legislative changes approved by

the Virginia General Assembly and Governor in 2015.

Approved June 18, 2015 by President Edna V. Baehre-Kolovani, Ph.D.

 Revision 3 updates the policy to 1) reflect the change in title of VCCS Policy

6.5.5, 2) to update the corresponding title of this policy, 2) update titles of TCC

positions, 3) specify TCC’s Title IX Coordinator, 4) add language required by

the VCCS template, and 5) slightly modify the sequence of events for the initial

review of the Investigator’s Report review by the complainant and respondent.

Approved October 27, 2016 by President Edna V. Baehre-Kolovani, Ph.D.

 Revision 4 updates the policy to 1) reflect the change in the template

required by VCCS Policy (6.5.5.4), 2) update positions responsible for

ensuring Title IX investigations are carried out according to policy, and 3)

add procedure and forms.

Approved May 31, 2018 by President Edna V. Baehre-Kolovani, Ph.D.

Sexual Violence, Domestic Violence, Dating Violence, and Stalking

Page 29 of 32

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Tidewater Community College Policy 1108 Rev: 4

Policies and Procedures May 31, 2018

APPENDIX A

Title IX Investigation Procedures

1. Faculty/Staff (likely Dean of Students) receives information for needed investigation

and:

 Completes Form A: Incident Report/Title IX Referral Form

 Has the reporting party complete Form B- Part I: Reporting Party

Statement

 Has the responding party complete Form B- Part II: Responding Party

Statement

 Submits all three forms to Title IX Coordinator

2. Title IX Coordinator completes:

 Form A with plan of action (i.e. will call parties, send return receipt

requested letters, email, assign primary investigator)

 Form C: Title IX Communications Log to document interactions with

parties.

3. Primary investigator will use:

 Form D: Title IX Investigation Interview Form to record notes while

completing interviews

 Form C: Title IX Communications Log to document interactions with

parties.

4. Primary Investigator will type a report based on interviews including:

 Summary of Accusation

 Overview of Findings

 Reporting Party’s Summary of Statements

 Responding Party’s Summary of Statements

 Witness(es) Summary of Statements

 Summary of Findings

 Recommendations supports, (i.e. continued no contact, counseling,

campuses/community support, etc.)

5. Title IX Coordinator makes final determination based on all the aforementioned

information and sends letters to parties, provides guidance to staff, etc.

Sexual Violence, Domestic Violence, Dating Violence, and Stalking

Page 30 of 32

TIDEWATER

COMMUNITY COLLEGE

From here, go anywhere.

Title IX Incident Report

Form A - Referral Form

Report Information

Date of Report:__________________ Day of Week: q Monday q Tuesday q Wednesday

q Thursday q Friday q Saturday q Sunday

Time: ________ q AM

q PM

Report Taken by: Position:

Incident Information

Date of Incident:_________________ Day of Week: q Monday q Tuesday q Wednesday

q Thursday q Friday q Saturday q Sunday

Time: ________ q AM

q PM

Incident Location:

Reporting Party Information

Last Name: First Name: MI:

AKA: Sex: q Male q Female DOB: Age:

Ethnicity: q Black/African American q White/Caucasian

q Asian/Paciﬁc Islander q Hispanic/Latino

q Native American

q Other

Home Address: Home Phone:

City: State: ZIP Code: Mobile Phone:

Employer: Position: Classiﬁcation: q Student q Staff

q Teaching Faculty q Other

Work Address: Work Phone:

Student’s Campus:

Responding Party Information

Last Name: First Name: MI:

AKA: Sex: q Male q Female DOB: Age:

Ethnicity: q Black/African American q White/Caucasian

q Asian/Paciﬁc Islander q Hispanic/Latino

q Native American

q Other

Home Address: Home Phone:

City: State: ZIP Code: Mobile Phone:

Employer: Position: Classiﬁcation: q Student q Staff

q Teaching Faculty q Other

Work Address: Work Phone:

Student’s Campus:

Was Reporting Party Injured? q No q Yes q Unknown

Did Reporting Party Require Medical Attention? q No q Yes q Unknown

Page 1 of 2

Witness Information

Name Position Address Phone

Additional Comments:

Report Taken by:

______________________________ _________________________________ _________________ ________________

Printed Name Signature Date Time

Title IX Coordinator’s Plan

Recieved by Title IX Coordinator:

______________________________ _________________________________ _________________ ________________

Printed Name Signature Date Time

Page 2 of 2

________________________________________________ __________________ __________________

Title IX Incident Report

TIDEWATER

COMMUNITY COLLEGE

From here, go anywhere.

Form B - Part I - Reporting Party Statement

Date _______________________________ IR# _______________________________

Statement of: ________________________________________________________ Phone Number ______________________

(Print Last Name, First Name, Middle Initial)

Address__________________________________________________________________________________________________

(Include City, State and Zip Code if Non-TCC Address)

E-mail Address _______________________________ Student ID# ________________________________

To Whom it May Concern:

I, _____________________________________________________________, make this statement of my own free

will, without promise or threat made towards me by any person. All statements below are made by me and are true to the

best of my knowledge and recollection:

Description of Incident

Time/Date of Incident _______________________________ Location of Incident __________________________________

Please write a detailed description of the events relating to this complaint

(Use Back of Page to Continue Statement)

Signature of Person Making Statement Date Time

Recieved by:

______________________________ _________________________________ _________________ ________________

Printed Name Signature Date Time

Page 1 of 2

1/18

________________________________________________ __________________ __________________

______________________________ _________________________________ _________________ ________________

IR # _____________________________

Statement of: _____________________________________________________________ (continued)

Signature of Person Making Statement Date Time

Recieved by:

Printed Name Signature Date Time

Page 2 of 2

________________________________________________ __________________ __________________

Title IX Incident Report

TIDEWATER

COMMUNITY COLLEGE

From here, go anywhere.

Form B - Part II - Responding Party Statement

Date _______________________________ IR# _______________________________

Statement of: ________________________________________________________ Phone Number ______________________

(Print Last Name, First Name, Middle Initial)

Address__________________________________________________________________________________________________

(Include City, State and Zip Code if Non-TCC Address)

E-mail Address _______________________________ Student ID# ________________________________

To Whom it May Concern:

I, _____________________________________________________________, make this statement of my own free

will, without promise or threat made towards me by any person. All statements below are made by me and are true to the

best of my knowledge and recollection:

Description of Incident

Time/Date of Incident _______________________________ Location of Incident __________________________________

Please write a detailed description of the events relating to this complaint

(Use Back of Page to Continue Statement)

Signature of Person Making Statement Date Time

Recieved by:

______________________________ _________________________________ _________________ ________________

Printed Name Signature Date Time

Page 1 of 2

1/18

________________________________________________ __________________ __________________

______________________________ _________________________________ _________________ ________________

IR # _____________________________

Statement of: _____________________________________________________________ (continued)

Signature of Person Making Statement Date Time

Recieved by:

Printed Name Signature Date Time

Page 2 of 2

Title IX Communications Log

TIDEWATER

COMMUNITY COLLEGE

From here, go anywhere.

Form C - Investigation Communications Log

Date Time Name of Contact Type of

Communication

(E-mail, Phone,

in Person)

Communication

Notes

Resolution

Provided or

Follow-Up

Needed

Title IX Interview Form

TIDEWATER

COMMUNITY COLLEGE

From here, go anywhere.

Form D - Investigation Interview Form

Date: _______________________________

Name: ________________________________________________________ ID#: _______________________

Phone:_______________________________________________ E-mail: _______________________________

Campus: _____________________________________________

q Reporting Party q Responding Party q Witness q Other: _______________

Statement:

Page 1 of 2

Interview of: _____________________________________________________________ (continued)

Completed by:

______________________________ _________________________________ _________________ ________________

Printed Name Signature Date Time

Page 2 of 2

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