General Information

Section Content

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ACCESS TO CAMPUS FACILITIES

Access to campus facilities is limited to the designed and intended purposes of the specific classroom, laboratory or shop. Individuals not scheduled to have access should not enter these areas without permission. Students shall not use shop equipment unless under the supervision of an instructor.

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ALCOHOL AND DRUG ABUSE – VGCC BOARD POLICY

It is the policy of Vance-Granville Community College to comply with the Drug-Free Schools and Communities Act of 1989 (Public Law 101-226) as implemented by regulations contained in 34 CFR Part 86, Subpart B, (amended as Title IV Safe and Drug Free Schools and Communities Act of 1994.) Therefore, it is the policy of this College that the unlawful manufacture, distribution, dispensation, possession or use of a controlled substance on the College’s campuses or at any site or activity operated by Vance-Granville Community College is prohibited. Any student violating this policy is in violation of the College’s rules and regulations and also the Student Code of Conduct of Vance-Granville Community College. Any student violating this policy will be subject to disciplinary action up to and including permanent expulsion.

Students who violate the College’s policies relating to drug abuse will be referred to the appropriate legal agencies for prosecution under the federal and state laws governing use and possession of a controlled substance. This includes, but is not limited to, narcotic drugs, hallucinogenic drugs, amphetamines, barbiturates, marijuana, anabolic steroids, or any other controlled substance as defined in Schedules I through V of Section 2020 of the Controlled Substance Act (21 U.S.C. Section 812) and as further defined by regulation at 21 C.F.R. 1300.11 through 1300.15 or article 5 Chapter 90 of the North Carolina General Statute. Persons who violate this statute shall be guilty of a felony and may be imprisoned up to 10 years or fined up to $10,000 or both at the discretion of the court.

Possession or use of alcoholic beverages or being in a state of intoxication on the college campus or at college-sponsored or supervised functions off-campus or in college-owned vehicles is prohibited. This includes, but is not limited to, alcoholic beverages, malt beverages, or fortified wine or other intoxicating liquor. Use of alcoholic beverages may result in referral to counseling programs and/or legal agencies for prosecution under federal and state laws.

Prescription drugs authorized by a registered physician or pharmacist are not in violation of the code of conduct as long as the individual intended to receive the prescription medication takes the drug according to the prescribed dosage. Any influence which may be attributed to the use of drugs or of alcoholic beverages shall not in any way limit the responsibility of the individual for the consequences of his/her actions.

Students should be aware that the use of alcohol, non-prescription use of depressants including sleeping pills, sedatives, tranquilizers, non-prescription use of stimulants including cocaine, prescription diet pills and marijuana can lead to lapses in attention, slowed reflexes and reaction time, impaired vision and impaired short term memory. Alcohol is strongly associated with the increased risk of cancers of the oral cavity, pharynx and larynx. Other research indicates chronic alcohol abuse may affect the immune system.

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ALCOHOL AND DRUG ABUSE AGENCY RESOURCES

Students desiring counseling or treatment for the abuse of alcohol or drugs should contact Counseling Services at the College or any of the following agencies:

• Alcoholics Anonymous
  • Vance County: 252-438-2395
  • Granville County: 919-693-2329
  • Franklin County: 1-877-619-3761
  • Warren County: 252-257-2774
  • Durham County: 919-286-9499
  • Wake County: 919-783-8214
• TriCounty Intergroup: 919-831-5100
• Narcotics Anonymous Hotline: 919-831-5100
• Alcohol Drug Council of N.C.: 1-800-662-7030
• Alcohol Abuse 24-Hour Hotline & Treatment: 1-800-374-2800
• Alcohol Abuse 24-Hour Assistance & Treatment: 1-800-234-1253
• Five County Mental Health Authority: 1-877-619-3761
  • (TTY): 1-877-338-0788
• Alcohol & Substance Abuse Program UNC-Chapel Hill: 1-888-457-7457
• Durham Council of Alcoholism & Drug Dependence, Inc.: 919-309-2600
• Duke Addiction Program: 919-684-3850
• Wake County Programs and Clinics: 919-212-7000
• Al-Anon/Alateen: 919-713-1516

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APPROVAL OF ACTIVITIES/FUND

All club extracurricular activities and fund raising must be approved by the Dean of Students, Equity, Retention & Success to ensure that they are coordinated throughout the entire College.

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CAMPUS POLICE AND SECURITY

VGCC strives to provide a safe and secure working and learning environment for its faculty, staff, students, and visitors. Campus Police and Security encourages everyone to be vigilant, to be aware of his/ her surroundings, to keep his/her belongings secure, and to report any suspicious persons or behaviors to Campus Police and Security or any College official. Victims or witnesses can report crimes or threats by calling the Campus Police and Security Division at (252) 738-3373. Anonymous reports can be submitted by visiting https://vgcc.jotform.com/232114792917055.

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CHILDREN ON CAMPUS

Children are not allowed in classrooms, the library, or the testing center, nor should they be left alone in any area on campus. Students should not bring children on campus unless they are enrolled in the College child care program. The College cannot assume responsibility for these individuals while on campus. The recreational facilities, classrooms, and other areas of the College are designated primarily for the student population.

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COMMUNICABLE DISEASE

Communicable and infectious disease shall include, but is not limited to, chicken pox, influenza, tuberculosis, conjunctivitis, hepatitis A, B, and D, infectious mononucleosis, and acquired immune deficiency syndrome (AIDS).

Persons who know or have a reasonable basis for believing that they have an infectious/communicable disease which may pose a threat to others have an obligation to conduct themselves in accordance with such knowledge, so as to protect themselves and others. Accordingly, employees and student should report the information to the Vice President of Learning, Student Engagement, & Success. All information will be kept confidential except to those persons determined by the Vice President of Learning, Student Engagement, & Success as having a need to know. These persons will be informed after the individual is advised that such action will be taken.

Any student who believes or knows he/she is infected and is engaged in clinical patient-care is required to share that information as soon as possible with the Vice President of Learning, Student Engagement, & Success on a confidential basis, so that the College can protect the welfare of patients and others.

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COMPUTER AND NETWORK USER POLICY – VGCC BOARD POLICY

Campus-wide access to computing facilities is restricted to Vance-Granville Community College faculty, staff, currently enrolled students and others as appropriate. Authorized users may use College computing facilities, including transmissions over and through the College network, for research and scholarly or educational purposes, and for official College business, so long as such does not

• Violate any law or College policy, or College procedure
• Involve significant use of College resources, direct costs, or substantial interference with the performance of College duties and work, or
• Result in commercial gain or profit.

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COMPUTING FACILITIES GENERAL USE

Access to Internet operations is restricted to faculty, staff, active curriculum students possessing a valid student identification card, and active extension or special students requiring access by nature of the course requirements or by an instructor’s written permission.

No user shall disclose an account password or share an account with another person. Instructors will not share their accounts with students, work-study students, or temporary help of any kind. It is the responsibility of the user to protect the account from unauthorized use by changing the account password periodically and using passwords that are not easily guessed.

Any attempt to circumvent system security, guess passwords, or in any way gain unauthorized access to local or network resources is forbidden.

Transferring copyrighted materials to or from any system or via the College network without express consent of the copyright owner is prohibited and may be a violation of Federal and State Law.

Use of electronic mail and other network communications facilities to harass, offend, or annoy other users of the network is forbidden. This includes electronic “chain letters.”

1. Information Access and User Privacy
   Electronic mail, information passing over the College network, and information stored in user accounts are considered to be private and confidential. Although this type of information must be accessed by system personnel for the purpose of backups, network management, etc., the content of user files and network transmissions will not be viewed, monitored, or altered without the express permission of the user except in the following circumstances:
   • The College has reason to believe that an account or system has been breached and is being used by someone other than the authorized user;
   • The College has received a complaint that an account or system is being used to gain unauthorized access or to attempt to gain unauthorized access to another network site;
   • The College has reason to believe that an account or system is being used in violation of College policy, State Law,
     or Federal Law; or
   • The LRC staff has reason to believe that the patron in the LRC is using the Internet inappropriately.

   Under these circumstances, the College President and/or his/her designee may authorize staff to monitor the activities of a specified account or computer system, and to search electronic information stored in that account. The authority for this search must be requested on an account-by-account basis and monitoring will be restricted to the specified account. If this search provides evidence of violation, the account will be disabled, and action will be taken with appropriate authorities.

   Users are expected to take proper care of the equipment in all College facilities and to abide by the rules of the staff and faculty supervising the equipment. They are to report any malfunction as soon as possible to the Office of Information Technology for repair. A user should not attempt to move, repair, reconfigure, modify, or attach external devices to the systems, including changing toolbars, screen savers or desktop themes. Users will be held responsible for any internal or external damage inflicted during use. Display of offensive or inappropriate materials on public workstations is expressly forbidden and may result in revocation of computing privileges at the discretion of the supervising staff. Staff will periodically monitor appropriate usage. Users are required to sign a copy of the policy statement before using computer workstations in the LRC to document that they understand and are willing to comply with this policy.

2. Ponzi SchemesA Ponzi Scheme is a form of chain letter that requests recipients to send money to people on a list. The US Supreme Court has determined that Ponzi Schemes are inherently fraudulent. The US Criminal Code prohibits the use of mail or wire in any attempt to defraud. Users should note that under the wire fraud statutes, the attempt to defraud is a violation, and all who are involved in the attempt, whether intentionally or not, may also be in violation.
3. Sanctions for Policy ViolationsViolations of policy will be treated as academic misconduct, misdemeanor, or felony as appropriate. For non-criminal matters, but serious misconduct, the following procedure will be followed:
   • On the first violation, the user will be denied computing privileges for a period of one week.
   • A second violation will result in the loss of computing privileges until the end of the semester.
   • A third violation will result in permanent loss of computing privileges.

   For minor violations of policy, such as non-educational electronic mail, non-educational chatting, or any form of non-educational electronic communication, the following procedure will be implemented:

   • On the first violation, a warning will be issued and documented.
   • On the second violation, the user will be denied computing privileges for a period of one week.
   • Any violation after the second will result in loss of computing privileges for the rest of the semester with no other warnings issued.

   Criminal violation will be prosecuted to the fullest extent of the law and will result in the immediate suspension of computing privileges. The outcome of such violations may result in student or staff disciplinary or termination proceedings and permanent revocation of computing privileges.

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ELECTRONIC SIGNATURE POLICY – VGCC BOARD POLICY

Vance-Granville Community College (VGCC) recognizes an electronic signature as a valid signature from faculty, staff, and students subject to the conditions described below. An electronic signature is defined as any electronic process signifying an approval to terms, and/or ensuring the integrity of the document, presented in electronic format. Students use electronic signatures to register, check financial aid awards, pay student bills, obtain unofficial transcripts, update contact information, log into campus computers, complete forms, submit class work, take tests, etc.

Faculty and staff use electronic signatures for submitting grades and attendance roster information, viewing personal payroll data, logging into campus computers, accessing protected data through the administrative computing system and accessing custom web applications provided by the College, etc.

An electronic signature is considered valid when the following conditions are met:

• Institution provides student or employee with a unique username
• Student or employee sets his or her own password
• Student or employee logs into the campus network and secure site using both the username and the password
• Student or employee certifies that they have provided true and complete information, acknowledging their identity through campus network and secure site to obtain access to College assets, information, or registration.

It is the responsibility and obligation of each individual to keep their username and their password private so others cannot use their credentials. Once logged in, the student or employee is responsible for any information they provide, update, or remove. VGCC will take steps to ensure both the username and password are protected and kept confidential.Furthermore, users are responsible for logging out of all systems and exercising the necessary precautions when using publicly accessible computers.

This policy is in addition to all applicable federal and state statutes, policies, guidelines, and standards

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GENERAL STUDENT GRIEVANCE PROCEDURE

Student grievances that are not academic or disciplinary in nature and/or involve conflicts with other students, alleged violation of students’ civil rights, including sexual harassment, should be addressed according to the following procedures:

1. When circumstances occur that cause a student to feel that he/ she has a grievance, the student should discuss the issue with a Dean or the Vice President of Learning, Student Engagement, & Success within a reasonable time after the grievance has occurred. The Dean or Vice President of Learning, Student Engagement, & Success may:
   1. Disseminate information concerning the complaint to the appropriate College officials,
   2. Investigate the complaint,
   3. Refer the student to appropriate College officials, or
   4. Negotiate a resolution to the grievance.
2. If a satisfactory resolution is not reached, the student may file a General Student Grievance Form with the Dean or Vice President of Learning, Student Engagement, & Success. If the student is not satisfied with the decision, he or she may request a formal hearing before the Judicial committee within 10 working days.
3. The Judicial committee will convene to hear the merits of the complaint and make a recommendation to the President.
4. The President will consider the Judicial committee’s recommendation and will make a decision within five (5) College working days of receiving the committee’s recommendation. The President’s decision will be final.

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INTELLECTUAL PROPERTY POLICY

Vance-Granville Community College encourages the development, writing, invention, or production of intellectual property designed to improve the productivity of the College or to enhance the teaching/ learning environment.

Intellectual property is defined as intellectual, technical, and creative works that can be copyrighted or patented, such as literary, dramatic, musical, and artistic works, computer software, multimedia presentations, web course design, logos, and inventions. VGCC owns all rights to its logo, seal, and other related material. The ownership of intellectual property will be determined in accordance with conditions listed below.

1. The employee or student retains ownership if all of the following criteria are met:
   • The work was created independently and as a result of the individual’s own initiative, not requested by the College,
   • The work is not the product of a specific contract or assignment made as a result of employment of the College,
   • The work is prepared outside of the scope of the employee’s job duties or student’s course/program requirements,
   • The work does not involve significant use of College facilities, time and/or other resources.
2. The College retains ownership if any of the above criteria are not met by the employee or student or if one or more of the following criteria apply:
   • The work is prepared within the scope of the employee’s job duties or student’s course/program requirements,
   • The work is the product of a specific contract or assignment made in the course of the employee’s employment or student’s enrollment with the College,
   • The development of the work involved significant facilities, time and/or other resources of the College including, but not limited to, released time, grant funds, College personnel, salary supplement, leave with pay, equipment or other materials or financial assistance.

Student Ownership of Intellectual Properties

Students who independently develop intellectual property arising out of their participation in programs of study at the College will retain the ownership rights to such property when the intellectual property does not result from their enrollment at VGCC and when the use of College facilities is minimal. Students using significant College resources or those employed by the College will be treated in the same manner as similarly situated College personnel. However, any student not employed by the College but engaging in research or development of intellectual property under the supervision and direction of a faculty member in connection with a program or activity subject to this policy shall have no ownership interest in the resulting property, but may be eligible to participate in the income distribution (see section Income Distribution). Faculty using such volunteer, non-employed students in their scholarly work projects should have the students sign a “Student Assignment of Ownership and Nondisclosure Agreement” form.

Significant Use of College Resources

Significant use of College resources in generating creative works is defined as use of College facilities, equipment, personnel, and one’s time in excess of that needed to fulfill the required purpose of one’s position, occupation, job description, appointment, and/or association with VGCC. Significant use of resources results when the creation of the work requires use of College resources beyond those allocated to the faculty or student in support of their academic work within their respective department or class. Such usage may occur as a result of actions of the College personnel involved or when specific assignments are given to students or where contracts or other obligations are involved. The College will retain title to all creative works that make significant use of College resources.

The following examples generally define such use when they are applied, singly or in combination, in support of a revenue-producing work. Although it is the responsibility of the dean or equivalent supervisor to evaluate situations and determine if significant use of resources has occurred, faculty members, employees or students have an obligation to notify their instructor, supervisor or dean when they believe that their work involves more than nominal use.

The following are examples of criteria for establishment of significant use:

1. Extended use of time and energy by the developer(s) in creating or promoting the work that results in reducing the levels of teaching, scholarship, or citizenship activities, so that anticipated performance in these areas is at a level significantly less than normal.
2. Substantial use of College facilities such as laboratories, studios, equipment, production facilities, or specialized computing resources.
3. College funding in support of the work’s creation.
4. Reduced teaching load without a salary reduction.
5. Paid professional development leave to develop or complete a work.
6. Direct assignment or commission from the College to undertake a creative project as a part of the developer’s regular appointment or assignment.
7. Substantial use of funding from gifts to the College to support creation of the works involved.
8. Production of the work under specific terms of a sponsored research grant or contract.
9. Substantial subvention by the College in the publication of a scholarly book or creative work.
10. Use of specifically designated College funds or extensive use of the services of a support unit financed by the College for production of a creative work.
11. Use of College computers and servers for Web-based activities such as a distance-learning course.

Minimal Use of College Resources

Minimal use of college resources is use that is within the required activity of one’s appointment or assignment at VGCC. College personnel may make such minimal use of college resources and devote office time in carrying out a range of professional activities, some of which may involve income-generating projects. Similarly, students may make such minimal use of college resources to carry out a range of academic assignments, some of which may involve income-generating projects. The College relinquishes (to the developers) ownership of creative works and its rights to any income generated as long as college resources are used in this nominal fashion, and the time involvement of the developer(s) of the project does not compromise their core responsibilities in teaching, scholarly work, and college citizenship.

The following examples generally define such use:

1. Minimal use of time and energy by the developer(s) in creating or promoting the creative work while maintaining assigned levels of teaching, scholarship, and citizenship activities, so that anticipated performance in these areas is at the expected level.
   1. Student employees or technicians may not be used to do income-producing work or make up the slack in a faculty member’s assignment so he or she can do income-producing work.
   2. Developers may not receive additional released time to develop a work, other than that assigned to normal faculty or students.
2. Minimal use of college resources in the ordinary support of the developer’s assignments, teaching, scholarly, and service activities.
   1. Use of photocopying equipment, long distance telephone costs, postage, faxes, etc., specifically for a creative work may not exceed incidental use.
   2. Office supplies or software may not be purchased specifically for a creative work.
   3. Secretarial help, such as typing manuscripts, may not be used to generate income-producing products. Incidental help, such as formatting tables, is allowed.
   4. Course or instructional materials may not be generated with the use of support units financed by the college. Courses or instructional materials generated in the normal course of teaching or assignments, without such support, are allowed.
   5. Works may not be funded by outside grants or gifts nor produced under a sponsored research grant or contract.

Warranty Clause

The faculty, staff, or student shall warrant in writing that there are no third party claims against the intellectual property that has been disclosed to VGCC, that the intellectual property in question is the exclusive work of the faculty, staff, or student and other persons identified in the disclosure to VGCC, and that no other person or entity claims an interest in the intellectual property in question.

Indemnity Clause

The faculty, staff, or student must agree, in writing, to fully indemnify and hold harmless VGCC, its trustees, officers, faculty members, staff, and any and all other individuals associated with VGCC, from and against any and all claims, demands, actions, and causes of actions brought against VGCC, its trustees, officers, faculty members, staff, and any and all other individuals associated with VGCC, relating in any way to the intellectual property in question.

Repayment of College Support Funds

In certain situations of substantial use of college funds and other resources, it may be more appropriate for the developer(s) to repay such funds to the college and thus fall under the minimal rather than substantial use provisions of this policy. The division dean, Vice President of Learning, Student Engagement & Success, and Vice President of Finance and Operations, in consultation with the developer(s) and the appropriate office(s), will determine the appropriate level of repayment.

Income Distribution

All revenues derived from college-owned intellectual property or creative works will be received and administered by the Institutional Effectiveness Office. Costs incurred by the college in the process of perfecting, transferring, and protecting college rights to the property or works will be paid by the college and, together with interest costs, will first be deducted from the gross income available for distribution. An accurate accounting of all such costs shall be made available to the developer(s) upon request. The net income (gross income minus college expenses) from college-owned intellectual properties will be distributed to academic developers and to developers in support areas as follows:

1. Developer(s)—40%
2. College of the developer(s)—60%

Assignment of Intellectual Properties to the College

Students, college personnel, or individuals not affiliated with the college who own intellectual property may elect to voluntarily disclose and submit their properties to the Technology or Institutional Effectiveness Offices for the purpose of facilitating commercial development. In the event that either of the offices agrees to accept management of the property, the property shall be assigned to VGCC and the assignor shall be entitled to the same distribution of revenues and other rights and responsibilities as the academic developers of college-owned property, as specified in this policy.

Release of College Ownership

The college may, at its sole discretion, determine to release to the developer(s) its ownership rights to any intellectual property upon such conditions as the college deems beneficial and fair to all parties. However, VGCC may retain a royalty-free license to use this intellectual property for research and education.

Dispute Resolution

Any disputed issues related to intellectual property, or the interpretation of this Intellectual Property Policy, shall first be reviewed by the Planning and Research Office. Any disputed issues that cannot be resolved with the assistance of the Planning and Research Office shall be referred to the President of the college. The President may refer disputed issues to the Board for its recommendations and advice.

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OPERATION AND PARKING OF MOTOR VEHICLES

1. Enforcement
   Under the provisions of North Carolina Statute 115D-21, the College may enforce traffic and parking regulations on campus.
2. Application of State Law
   All the provisions of Chapter 20 of the General Statutes relating to the use of the highways of the State of North Carolina and the operation of motor vehicles thereon shall apply to the streets, roads, and driveways of the Vance-Granville Community College campus, along with rules and regulations approved by the Board of Trustees.
3. General Rules
   • Parking: Students must park in spaces marked for student parking.
   • Permit Decals: The College issues a plastic decal that must be displayed from your car’s rearview mirror.
   • Citations will be issued for violations of the College traffic and parking regulations.
   • Accountability: The person to whom a vehicle parking decal is issued shall be responsible for parking and traffic violations of the vehicle for which the permit is issued.

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PUBLICATIONS

Publications are defined to include but are not limited to the following: newspapers, pamphlets, newsletters, brochures, flyers, books, posters, or magazines. Publications are not to be printed, distributed, or displayed without official approval of the office of the Vice President of Workforce and Community Engagement. Off-campus organizations are not allowed to distribute their publications on any of the College’s properties without the approval of the College President.

• Offensive Publications: Publications containing profanity; language that is offensive to race, sex, and/or creed; and/or incorrect statements will not be approved for printing or distribution. All publications must represent the dignity, mission, and standards of the College.

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RECRUITING/SOLICITATION ON CAMPUS

The College periodically allows representatives from the business community, government agencies, and other colleges access to campus for the purpose of providing opportunities for students.

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RELIGIOUS OBSERVANCE POLICY – VGCC BOARD POLICY

The Board of Trustees grants each student two days of excused absences per academic year for religious observances. In order for the absence to be an excused absence, students must submit a written request for the absence sufficiently in advance to permit the instructor and student to develop a sound plan for making up any missed class work. All students must plan absences from a class so that their total absences, including any absences authorized in accordance with this policy, do not exceed the total absences otherwise permitted by the instructor, a certifying board or an accrediting agency.

For the purpose of this policy, an excused absence is an absence for which the student is held harmless for their failure to attend a scheduled class, and for which the instructor provides the student a reasonable opportunity to make up any tests, exams, assignments, or other work missed as a result of the absence. Academic year is defined as beginning the first day of fall semester and ending the last day of the summer semester. Should the student fail to complete the tests, exams, assignments, or other work missed during the excused absence, after the instructor has given a reasonable opportunity to complete them, the instructor is authorized to give no credit for any tests, exams, assignments, or other missed work. North Carolina General Statute 115D-5(u); SL 2010-112,5.2.

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SEXUAL HARASSMENT, DISCRIMINATION, SEXUAL MISCONDUCT, AND TITLE IX – VGCC BOARD POLICY

Vance-Granville Community College (VGCC) is committed to providing a learning and working environment that promotes respect, responsibility, communication, collaboration, critical thinking, and accountability in an environment free of sexual harassment, sexual misconduct and discrimination. Sexual harassment, misconduct and discrimination violate an individual’s fundamental rights and personal dignity.

Notice of Nondiscrimination

Vance Granville Community College deems sexual harassment, sexual misconduct, and sexual discrimination in all forms to be serious offenses. This policy refers to all forms of sexual harassment, discrimination, and misconduct including discrimination against pregnant and parenting students, sexual assault, dating violence, domestic violence, other forms of intimate partner violence by employees, students or third parties, and stalking. (Title 20 U.S.C. Sections 1681-1688)
The College does not discriminate on the basis of sex in its educational programs or activities, including admission and employment processes. VGCC complies 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. VGCC also complies with the 2020 Title IX implementing regulations, 34 C.F.R. Part 106.
Individuals wishing to inquire about the application of Title IX may contact VGCC’s Title IX Coordinators or the U.S. Department of Education’s Office for Civil Rights. Any individual has the right to raise concerns, ask questions about policies prohibiting sexual harassment or sex or gender discrimination, report instances of harassment or discrimination, and to participate in investigations without fear of retaliation. Complaints may also be submitted about retaliatory acts under Title IX. Individuals knowingly making false claims or statements regarding sexual harassment, misconduct or discrimination will have violated this policy and will be subject to disciplinary action.

Policy Statements and Definitions

VGCC is committed to maintaining and strengthening an environment founded on civility and respect and to providing programs, activities, and an educational environment free from sexual harassment, misconduct and discrimination. The College also is committed to fostering a community that promotes prompt reporting of all types of sexual harassment, misconduct and discrimination and the timely and fair resolution of allegations. The College has appointed two Title IX Coordinators responsible for establishing and communicating grievance procedures to address allegations of sexual misconduct.
This policy applies to any allegation of sexual harassment, misconduct or discrimination made by or against a student or an employee of the College or a third party, regardless of where the alleged conduct occurred, if the conduct giving rise to the complaint is related to the College’s academic, educational, or extracurricular programs or activities:

• Buildings or other locations that are part of the College’s operations, including remote learning platforms.
• Off-campus settings if the College exercises substantial control over the respondent and the context in which the alleged sexual harassment, misconduct or discrimination occurred.
• Off-campus buildings owned or controlled by a student organization officially recognized by the College, such as a building owned by a recognized fraternity or sorority.

The College encourages individuals to report all gender-based and sex-based misconduct immediately to a Title IX Coordinator or an Official With Authority (OWA, defined in next section). Upon receiving a report, the College will begin an investigation which will include providing supportive measures, informing the complainant of grievance process options, and providing a fair and timely grievance process. Two categories of incident reporting are defined below:

• Report – an allegation of sexual harassment, misconduct or discrimination made by anyone with knowledge of such conduct. The individual making a report may or may not be the alleged victim of sexual misconduct.
• Formal Complaint – an allegation of sexual harassment, misconduct or discrimination made in writing to the College by a Complainant, who is a student of the college (as defined below) or a current employee of the College, against a Respondent and requesting an investigation of allegations. A complaint also becomes formal when signed by the Title IX Coordinator. Formal complaints are resolved through a formal investigation process.

There is no time limitation on making a report or complaint, but complainants should be aware that if the respondent is no longer affiliated with the College as a student or employee, the College may be limited in its ability to investigate, respond to, and provide resolution of the matter.

The College makes all Title IX programs and training materials publicly available on its website [Title IX – Vance-Granville Community College (vgcc.edu)].

Policy Definitions

Consent – affirmative action through clear words or actions that creates the mutual understandable permission of all parties to willingly engage in sexual activity and the conditions of such activity. Consent must be received prior to engaging in sexual activity. Consent can only be given by one who has the mental and physical capacity to make such a decision, and it must be clear, knowing, and voluntary. Consent to engage in one form of sexual activity cannot does not? automatically imply to consent to engage is any other form of sexual activity. Previous relationships or prior consent cannot does not imply consent to future sex acts. Consent can be withdrawn at any time. Consent may not be granted by a person known to be, or by one who should be known to be, mentally or physically incapacitated. It should be recognized that the lack of protest or resistance is not, in and of itself, consent and persons who are asleep, unconscious, or unable to communicate due to a mental or physical condition are not capable of granting consent.

Complainant – an individual who is alleged to be the victim of conduct that could constitute sexual misconduct or unlawful discrimination.

Decision-Makers – VGCC officials, other than Title IX Coordinators or Investigators, who decide the outcome of a sexual harassment, misconduct, or discrimination investigation. Decision-makers issue a written determination of responsibility with findings of fact, conclusions about whether the alleged conduct occurred, rationale for the result as to each allegation, disciplinary sanctions imposed on the Respondent, whether remedies will be provided to the Complainant, and an offer to both parties to appeal. Written determinations will be sent to the Complainant and Respondent simultaneously. (For more information about decision-makers, please see the procedures section of this document.)

Unlawful Sexual Discrimination – the exclusion of a person from participation in or the denial of a person from the benefits of any VGCC employment, education program, or VGCC activity based upon their sex or gender. Conduct must be severe, pervasive and objectively offensive and is defined as:

• • The failure or refusal to hire or to discharge any individual, or otherwise to discriminate against any individual with respect to compensation, terms, conditions, or privileges of employment, because of the individual’s race, color, religion, sex, gender, disability, age, national origin, or political affiliation;
  • The limiting, desegregating, or classification of any employee in any way which would deprive or tend to deprive any individual of employment opportunities or otherwise adversely affect his status as an employee, because of such individual’s race, color, religion, sex, gender, disability, age, national origin, or political affiliation;
  • The denial, deprivation, limitation, or any other discrimination against an individual to any educational service or program of the College when the denial, deprivation, limitation, or other discrimination is because of such individual’s race, color, religion, sex, gender, disability, age, national origin, or political affiliation;
  • Any other action of the College and its personnel, working in their official employment capacity, which is based on an individual’s race, color, religion, sex, gender, disability, age, national origin, or political affiliation.

Informal Resolution – a resolution to an allegation of sexual harassment, misconduct or discrimination reached through a mutually agreeable outcome such as restorative justice, education or mediation. To achieve informal resolution, both the Complainant and Respondent must give voluntary, informed, written consent. Informal resolutions may not be used to resolve allegations that an employee sexually harassed a student. (For more information about informal resolutions, please see the procedures section of this document.)

Official With Authority (OWA) – An employee of the College required to report knowledge of sexual harassment, misconduct or discrimination to a VGCC Title IX Coordinator.  OWAs have the authority to prevent or correct harassment, misconduct or discrimination.

• Title IX Coordinators
• College President
• College Vice Presidents
• College Associate Vice Presidents
• Chief Human Resources Officer
• Academic Deans
• Associate Academic Deans
• College Police Officer
• Athletic Director

Preponderance of the Evidence Standard – a standard of proof holding that an allegation is more likely than not to be true; the likelihood that an allegation is true is greater than 50%. This term does not refer to the quantity of evidence but rather to the quality of the evidence.

Respondent – an individual who has been reported to be the perpetrator of conduct that could constitute sexual misconduct or unlawful discrimination.

Sexual Harassment: – Conduct on the basis of sex that satisfies one or more of the following:

For Employees

• Submission to such conduct is made either explicitly or implicitly a term or condition of an individual’s employment, or
• Submission to or rejection of such conduct by an individual is used as the basis for an employment decision affecting that individual, or

For Students

• An employee of the College conditions the provision of an aid, benefit, or service of the recipient on an individual’s participation in unwelcome sexual conduct (also called “quid pro quo”),
• Unwelcome conduct, determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the College’s education programs or activities
• ‘Sexual assault’ as defined in 20 U.S.C. 1092(f)(6)(A)(v), ‘dating violence’ as defined in 34 U.S.C. 12291(a)(8), or ‘stalking’ as defined in 34 U.S.C. 12291(a)(30).

Sexual harassment is considered unlawful sex discrimination.

Sexual Misconduct – any unwelcome conduct of a sexual nature, including any conduct or act of a sexual nature perpetrated against an individual without consent. Sexual misconduct can occur between strangers or acquaintances, including people involved in an intimate or sexual relationship. Sexual misconduct can be committed by men or by women, and it can occur between people of the same or different sex. Sexual misconduct also includes complicity in sexual misconduct. VGCC encourages reporting of all sexual misconduct. Sexual Misconduct includes but is not limited to the following: dating violence; domestic violence; non-forcible sex acts; sexual assault; sexual exploitation; sexual Harassment; and stalking

Sexual Violence – a type of sex/gender discrimination involving physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent (e.g., due to the student’s age or use of drugs or alcohol, or because an intellectual or other disability prevents the person from having the capacity to give consent). Acts, as defined below, fall into the category of Sexual Violence including: dating violence, domestic violence, rape, sexual assault, sexual battery, sexual coercion, and stalking. Sexual Violence can be carried out by school employees, students, or third parties. All such acts of sexual violence are forms of sex/gender discrimination prohibited by the College and may be considered crimes by law enforcement.

• Dating Violence – violence by a person in a romantic or intimate relationship with the victim. Whether there was such a relationship will be gauged by its length, type, and frequency of interaction.
• Domestic Violence – asserted violent misdemeanor and felony offenses committed by the victim’s current or former spouse, current of former co-inhabitant, persons similarly situated under a domestic or family violence law, or anyone else protected under domestic or family law.
• Rape – non-consensual sexual intercourse, however slight, with any object, by one person upon another person that is without consent and/or done by force.
• Sexual Assault – any involuntary sexual act in which a person is threatened, coerced, or forced to engage against their will, or any sexual touching of a person who has not consented. This includes rape (such as forced vaginal, anal, oral penetration), groping, forced kissing, child sexual abuse, or the torture of a victim in a sexual manner.
• Sexual Battery – an unwanted form of contact with an intimate part of the body that is made for purposes of sexual arousal, sexual gratification, or sexual abuse. Sexual battery may occur whether the victim is clothed or not.
• Sexual Coercion – any act of persuading or coercing a person into engaging in an unwanted sexual activity through physical force, the threat of physical force, or emotional manipulation. It may also include substance coercion. Coercive situations may occur along a continuum and may not be obvious, even to the coerced individual.
• Stalking – a course of conduct directed at a specific person that would cause a reasonable person to fear for her, his, or other’s safety, or to suffer substantial emotional distress. Please see section 14-277.3A of the General Statutes for North Carolina’s definition of stalking.

Student – an individual who is either currently enrolled in a class or program of study at the College or who has an application to the College for a class or program that is no older than 12 months.

Supportive Measures – non-disciplinary, non-punitive individualized services offered as appropriate, as reasonably available, and without fee or charge to the complainant or the respondent. Such measures are designed to restore or preserve equal access to the recipient’s education program or activity without unreasonably burdening the other party.

Title IX Coordinators – VGCC officials responsible for Title IX compliance and administration at the College. Title IX Coordinators receive reports and manage in processes to ensure fair, equitable and timely resolution of allegations of sexual harassment, misconduct, and discrimination.

Title IX Investigator – VGCC officials responsible for impartially investigating allegations of sexual harassment, misconduct or discrimination.

Overviews of Procedures

Any person may report concerns related to sexual harassment, misconduct, or discrimination to a Title IX Coordinator or an Official with Authority (OWA). When reports are brought to the attention of OWAs or Title IX Coordinators, or when these individuals suspect that sexual harassment, misconduct or discrimination may be present, Coordinators and OWAs are required to initiate and oversee timely investigations. When a formal complaint is filed, Coordinators provide supportive measures to all parties and communicate updates regarding the investigation to the complainant and the respondent. In responding to a Title IX complaint, VGCC cannot deprive an individual of their rights guaranteed under the U.S. Constitution.
The College strives to complete investigations of formal complaints within 30 days from the date the complaint is filed. If needed, an investigation timeline can be extended to ensure thorough consideration of all evidence. All faculty and staff are required to cooperate fully, truthfully, and expediently with investigations. In all investigations, the College maintains confidentiality to the fullest extent permitted by law and documents and retains records of all sexual harassment reports and investigations.

When an allegation of sexual harassment, misconduct or discrimination is made, VGCC will:

• Promptly initiate contact with the complainant through a Title IX Coordinator to discuss the availability of supportive measures, taking into consideration the complainant’s wishes with respect to supportive measures. Supportive measures are available whether or not the complainant decides to file a formal complaint. The Coordinator will explain to the complainant the process for filing a formal complaint and obtain voluntary, written permission before using any kind of informal resolution process.

Should the complainant decide to pursue a formal complaint, a fair and timely grievance process will:

• Give both parties written notice of the allegations, an equal opportunity to select an advisor of the party’s choice, and an equal opportunity to submit and review evidence throughout the investigation;
• Thoroughly and impartially investigate the allegation through trained Title IX personnel;
• Protect parties’ privacy by requiring a party’s written consent before using the party’s medical, psychological, or similar treatment records during a grievance process;
• Apply a presumption that the respondent is not responsible during the grievance process so that the College bears the burden of proof and the standard of evidence is applied correctly. VGCC uses the ‘preponderance of the evidence standard’ in all Title IX investigations;
• Provide a live hearing and allow cross-examination by party advisors;
• Protect all complainants from inappropriately being asked about prior sexual history;
• Send both parties a written determination based on the preponderance of evidence standard, regarding responsibility explaining how and why the decision-maker reached conclusions;
• Effectively implement remedies for a complainant if a respondent is found responsible for sexual harassment, misconduct or discrimination;
• Offer both parties an equal opportunity to appeal; and
• Protect any individual, including complainants, respondents, and witnesses, from retaliation for reporting sexual harassment, misconduct or discrimination or participating (or refusing to participate) in any Title IX grievance process.

(approved July 16, 2018; revised January 22, 2024)

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SEXUAL ASSAULT POLICY – VGCC BOARD POLICY

Vance-Granville Community College actively promotes a campus environment that maintains the dignity of all members of the campus community. To maintain this dignity, Vance-Granville Community College will not tolerate any form of sexual assault.

The Crime Awareness and Campus Security Act of 1990, Section 485 (f) (1) (F) of 20 U.S.C. 1092 (a) (1) (Public Law 101-542) requires that institutions of higher education collect information with respect to sexual assault on campus and beginning in September 1993, to include such information in an annual security report. The Higher Education Amendments of 1992 (Public Law 102-325) provide further that as part of the Annual Security Report the College shall include, develop and distribute statement of policy regarding the College’s sexual assault programs and the procedures to be followed if a sex offense occurs.

Members of the campus community found to be in violation of this policy will be subject to disciplinary action including, but not limited to, suspension and expulsion from the College or termination of employment. This policy will be enforced using College disciplinary procedures, in cooperation with local law enforcement as applicable.

Violations of this policy shall include, but are not limited to, the following:

1. Any form of nonconsensual sexual intercourse, committed by physical force, coercion, threat, or intimidation, actual or implied, by a person(s) known or unknown to the victim.
2. Any actual or attempted nonconsensual sexual activity by a person(s), known or unknown to the victim, defined as, but not limited to, sexual intercourse or sexual touching committed with or without physical force, coercion, threat or intimidation; exhibitionism; or sexual language of a threatening nature. Nonconsensual sexual activity shall include, but not limited to, situations where the victim is unable to consent because s/he is physically helpless, or is mentally incapacitated due to drug or alcohol consumption or is unconscious, regardless of whether or not the consumption was with the victim’s consent.

Reporting and taking action in response to a sexual assault against a student or employee will be limited to incidents occurring on campus, off-campus at College-leased or owned facilities, when attending College-sponsored activities or any activities (including participation in field experiences, internships, athletic and cultural events) which are initiated, authorized or supervised by Vance-Granville Community College, even off-campus or when representing the College.

Students who are victims of sexual assault are encouraged to file a complaint with the Dean of Student Retention & Success or Campus Police as soon as possible after the alleged incident. Additionally, victims are encouraged to report the incident to local law enforcement.

All complaints of sexual assault will be reported to the office of the Magistrate.

Education and Awareness

The federal Campus Sex Crimes Prevention Act, effective October 28, 2002, requires institutions of higher education to issue a statement advising the campus community where law enforcement agency information provided by a state concerning registered sex offenders may be obtained. Registered sex offenders must provide notice, as required under state law, to each institution of higher education in that state at which the person is employed, carries on a vocation, or is a student.

The state of North Carolina Department of Justice provides a Sex Offender Registry Search at the following website: http://sexoffender.ncsbi.gov.

Education will be provided through appropriate programs and education booklets, which may include:

1. Orientation programs
2. Professional development/employee training
3. Student and Employee Handbooks, Catalogs and related Administrative Policy Manuals
4. Campus Media
5. Seminars, workshops, pamphlets, and posters addressing specific issues, such as sexual assault, acquaintance rape, sexual harassment, self-protection for men and women and crime reporting.

(approved July 16, 2018)

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TIMELY WARNING – VGCC BOARD POLICY

In accordance with the Clery Act, Vance-Granville Community College (VGCC) will keep the campus community informed by providing timely warning of crimes occurring on or near campus that represent a serious or continued threat to students and employees, once such crimes are reported to VGCC Police or Security. All members of the College community are encouraged to report any crime or hazard to the VGCC Police department as soon as possible. Timely warnings may be made about any serious crimes whether reportable under the provisions of the Clery Act or not.

Under the direction of the President, the Vice President of Learning, Student Engagement & Success shall ensure compliance with this policy. The Police Chief or a designee shall implement the policy in compliance with the College Emergency Management Plan.

Definitions used in this policy are as follows:

Clery Act – Federal law with associated regulations administered by the U.S. Department of Education which requires that institutions of higher education provide students, employees and requesting applicants with an Annual Security Report. The Annual Security Report must contain crime statistics concerning specified reportable offenses and other security related information.

“Campus Security Authority” (“CSA”) – are individuals at the college who, because of their function for the college, have an obligation under the Clery Act to notify the college of alleged Clery Crimes that are reported to them in good faith or alleged Clery Crimes that they may personally witness.

For the purposes of this policy, “crimes” means offenses enumerated in the Clery Act and associated regulations, which have been reported to Vance Granville Community College or a local police agency, and which occur on or near campus.

Clery Act reportable crimes are defined by the Clery Act as any of the following:

• Criminal Homicide
• Aggravated Assault
• Sex Offense, Forcible
• Sex Offense, Non-forcible
• Burglary
• Robbery
• Motor Vehicle Theft
• Arson
• Hate Crimes, including Larceny-Theft, Simple Assault, Intimidation, or Destruction/Damage/Vandalism of Property if the victim was intentionally selected because of the victim’s actual or perceived race, gender, religion, sexual orientation, ethnicity or disability
• Dating Violence
• Domestic Violence
• Stalking
• Illegal weapons possession
• Drug abuse violations
• Liquor law violations

(approved July 16, 2018)

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SPEAKERS ON CAMPUS

When speakers are invited to campus under established procedures, they should be allowed to speak. Respect for the democratic principles of open discussions and the right to hold and present differing opinions carries with it the obligation to allow speakers to speak and to permit audiences to listen. Individuals or groups wishing to publicly assemble should submit a written, signed request to the Vice President of Learning, Student Engagement & Success at least two weeks prior to the desired date.

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TOBACCO-FREE POLICY – VGCC BOARD POLICY

Vance-Granville Community College is committed to providing its students and employees a safe and healthy campus environment. The College recognizes that the use of tobacco products can be detrimental to the health of students, employees, and visitors, and recognizes that it has an obligation to promote a healthy learning and work environment free from unwanted smoke and by-products of tobacco use. Thus, all College campus properties, grounds, and vehicles are tobacco free. Students who repeatedly violate the policy shall be referred to the Dean of Students, Equity, Retention & Success for action in accordance with the Student Conduct Code. College employees who repeatedly violate the policy shall be referred to their supervisor for appropriate action in accordance with personnel policies. Visitors unwilling to comply with the policy may be asked to leave the property and/or a college sponsored event.

Definitions used in this policy are as follows:
For the purpose of this policy, “tobacco products” are defined as any type of tobacco product including, but not limited to, cigarettes, cigars, cigarillos, blunts, pipes, bidis, hookahs, smokeless or spit tobacco or snuff, or any products resembling or suggesting tobacco use including, but not limited to, electronic cigarettes and vapor pipes.

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TOBACCO-FREE GUIDELINES

Use of tobacco products while on campus is a violation of campus rules and is subject to sanctions used to enforce the Student Code of Conduct. Beginning October 17, 2011 the College instituted a citation program to address smoking and tobacco use on campus. The following steps will be used to assist in campus-wide enforcement:

1. 1. First Violation– warning citation issued to student;
   2. Second Violation– required conference with the Dean of Students, Equity, Retention & Success or Campus Dean;
   3. Third Violation– five day suspension***

Any subsequent violation will result in suspension for the remainder of the current term.

***Occupational Extension student suspensions may vary depending upon the length of the class in which the student is enrolled.

Security may issue a citation directly to a student who has violated the tobacco-free policy. Faculty and staff may approach the student to ask their name, submit the student’s name to the Dean of Students, Equity, Retention & Success if already known or request that security approach the student. In order to be enforced, reports must include the name of the faculty or staff reporting the violation. Records of violations will be cumulative throughout a student’s enrollment at the College.

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