Student Code of Conduct

The terms "College," "institution" and "NOVA" mean Northern Virginia Community College.

The term "preponderance of the evidence" means “more likely than not” that a violation occurred as alleged.

The term "accused student" means any student accused of violating the Student Code of Conduct.

The term "complainant" means any individual that submits a complaint alleging that a student violated the Student Code of Conduct. The complainant does not need to be the person who was the target or victim of the alleged violation.

The term "advisor" means any individual that has been designated by the accused student to assist them through the hearing process. This individual may include, but is not limited to, a member of the campus community, parent, guardian, relative, friend, or attorney.

The term "college premises" includes all land, buildings, facilities, and other locations owned, used, or controlled by the College including adjacent streets and sidewalks.

The term "college sponsored activity" means any activity on or off campus which is initiated, authorized, aided, or supervised by the College.

The term "VCCS" means Virginia Community College System.

The term "member of the College community" includes any student, faculty member, administrator, other employee, contractor, or guest at Northern Virginia Community College.

The term "Office of Student Rights and Responsibilities (OSRR)" should be understood to include all who have responsibility for overseeing the student conduct process in their respective areas. The OSRR may designate an official to act for the OSRR in the conduct process.

The term "sanction" means a penalty that may be imposed after a student has been found responsible for violating the Student Code of Conduct. Any sanction imposed at the campus level applies to the entire College.

The term "policy" means the written regulations of NOVA as found in, but not limited to, the Student Code of Conduct, the online Student Handbook, the College catalog, administrative directives, and the NOVA website.

The term "due process" means a guarantee that all proceedings related to the student code of conduct will be fair and that students will be given notice of the proceedings and an opportunity to be heard before the College acts to take away their rights and privileges.

The term "Student Conduct Panel" means any person or persons appointed to determine whether a student has violated the Student Code of Conduct and to recommend sanctions that may be imposed when a student has been found responsible for a violation.

The term "witness" means an individual or individuals who have had direct involvement in an incident and/or who were provided with information regarding the incident directly from the accused student, alleged victim, or both. This also includes individuals who in their professional capacity have contributed information which led to College charges.

The term "grievance" means an actual or supposed circumstance regarded as just cause for complaint. See the [Student Grievance Policy].

The term "student" means an individual who has applied for admission to the College and has registered for classes. An individual is considered an active student for a period of three years following the last enrollment.

The term "appeal" means the process for requesting a formal change to an official decision. In most circumstances an appeal connotes a review of the written documentation or record of the original hearing.

The term "evidence" means the use of testimony (e.g., oral, or written statements), exhibits (e.g., physical objects), documentary material, or demonstrative evidence related to the incident leading to the charge(s).

The term "restorative environment" means a culture of care that creates an environment in which repairing harm and rebuilding trust within the college community is the focus of the office.

The term "Community Standards" means all rules and policies which are expounded upon in the Violation and Sanction section of the code of conduct, or policies issued from the college.

The term "Ethical Student Development" means the development of the student's moral principles which governs a person's behavior based on the College's community standards.

Students enrolling in the College assume an obligation to conduct themselves in a manner that is civil and compatible with the College’s function as an educational institution. Submitting an application to NOVA represents a voluntary decision on the student’s part to participate in the programs offered by the institution pursuant to its policies, rules, and regulations. Violating any of NOVA’s core values may lead to disciplinary action.

Northern Virginia Community College seeks to maintain an environment where students have the following rights:

Education

Students have access to quality faculty, academic technology, classrooms, libraries, presentations, and other resources necessary for the learning process.

Freedom of Expression

Students can freely examine and exchange diverse ideas in an orderly manner inside and outside the classroom.

Freedom of Association

Students can associate freely with other individuals, groups of individuals and organizations for purposes which do not infringe on the rights of others.

Freedom from Discrimination

Students can expect to participate fully in the College community without discrimination as defined by federal and state law and College regulations.

Safe Environment

Students can function in their daily activities without unreasonable concerns for personal safety.

Privacy

Students are free of unreasonable intrusions into personal records and/or matters relevant to their identity and well-being.

Educational Resources

Students can access high quality resources which support intellectual and social development.

Grievance Process

Students can access established procedures for respectfully presenting and addressing their concerns or complaints to the College.

Due Process

Students can expect due process for alleged violations of the Student Code of Conduct. Due process includes reasonable notice of potentially adverse actions and an opportunity to be heard.

Learning Beyond Formal Instruction

Students can access a variety of activities beyond the classroom which support intellectual and personal development.

Personal Growth

Students can study in a setting that fosters personal growth.

Professional Responses from Administration

Students can expect timely and courteous responses from the College’s academic and administrative departments.

Academic and Administrative Policies

Students can expect academic and administrative policies that support intellectual inquiry, learning and growth.

Participation

Students have the right to participate or be represented by peers in influencing College policies that affect them.

Our Core Values

Care is demonstrated at NOVA through a culture of compassion where success and well-being are prioritized in our commitment to developing authentic relationships and providing resources to foster a supportive and thriving community.

Excellence is demonstrated at NOVA through our high quality and cutting-edge programs; innovative, talented and experienced faculty and staff; and strong and effective relationships with employer and university partners—all to ensure our students are ready for graduation, transfer and high-demand careers.

Inclusion is demonstrated at NOVA through our intentional commitment to welcoming, supporting and engaging diverse people and perspectives so that a sense of belonging is cultivated throughout our college community.

Integrity is demonstrated at NOVA through adherence to principles and actions that foster accountability, honesty and trustworthiness; commitment to truth and fairness is ensured by ethical, equitable and professional behavior, and prioritizing the needs of students and the community we serve.

Respect is demonstrated at NOVA through treating each other with courtesy and dignity, acknowledging and valuing differing ideas and perspectives, affirming the uniqueness of every individual and being mindful of personal boundaries.

Any member of the NOVA community, guest, or visitor may submit a report about a student for alleged violations of the Student Code of Conduct. Reports may be submitted 24/7 via the online Violation of the Student Code of Conduct Reporting Form. All reports should be submitted as soon as possible after the event takes place. Charges may be brought against an individual student or a College organization.

• Disciplinary procedures for students in all credit courses are administered by the Office of Student Rights and Responsibilities (OSRR).
• Disciplinary procedures for Workforce Development students are administered by the Office of Student Rights and Responsibilities.
• Disciplinary procedures for charges occurring on multiple campuses are coordinated by the Office of Student Rights and Responsibilities.
• Disciplinary procedures for minor and moderate instances of academic misconduct are administered by the appropriate Academic Dean. Major violations are addressed by the Office of Student Rights and Responsibilities. See the Code of Academic Integrity below.
• Students will be charged with violations of the Code of Conduct when the apparent infractions are observed on College property or other locations where the College provides services or when the off-campus behavior negatively affects the teaching and learning environment.

Infractions of federal, state, or local laws occurring off campus may be considered a violation of the Student Code of Conduct when such actions:

• directly affect the health, safety, or security of the College community
• affect an individual’s ability to fully participate in the College’s academic or co-curricular programs
• affect the College’s pursuit of its educational purposes, or
• occur as a direct result of a College connected disruption

Depending on the nature of the alleged misconduct, interim actions may be taken as deemed necessary for the safety of the College community.  Examples include, but are not limited to, interim suspension, no-trespass orders, and administrative no-contact orders between individuals or groups. When possible, alternative arrangements will be made for the student to continue to meet academic requirements. The College may also withhold the award of a student’s degree or certificate until the completion of the conduct process.

An instructor or other College official may direct a student to leave a class or any other academic setting when the student has, in the instructor’s or official’s judgment, caused a disruption. An Academic Dean may bar a student from that class or setting for a longer period of time pending a meeting with the Office of Student Rights and Responsibilities; in that instance, alternative arrangements will be made for the student to continue to meet academic requirements whenever possible.

When a student is found responsible for violating the Code of Conduct, sanctions will be imposed. Disciplinary sanctions generally attempt to accomplish the following:

1. provide fair and just consequences for misconduct
2. provide protection for the safety and property of the college community
3. enhance the academic environment
4. discourage future violations of the Code of Conduct
5. contribute to the growth and development of the student. Any sanction imposed applies to the entire College

There are two types of sanctions -- administrative and educational. Administrative sanctions are more formal actions and frequently relate to the status of the student at the College. Administrative sanctions may be assigned independent of or in conjunction with educational sanctions. Educational sanctions are designed to include developmental activities related to specific acts of misconduct. The goals of educational sanctions are to reduce the probability of repeat behavior, to give students the opportunity to demonstrate personal growth, and to appropriately challenge students. Educational sanctions may be assigned independent of or in conjunction with administrative sanctions.

Sanctions may include but are not limited to:

Administrative Sanctions

Disciplinary Warning: A warning to a student that his/her conduct was questionable and/or inappropriate and that further misconduct will result in more severe disciplinary action. Disciplinary warning may include a behavior agreement or contract.

Disciplinary Probation: Disciplinary probation is assigned for a specified period of time and is intended to foster reflection, responsibility, and improved decision making. During this period the student is not in good standing with the College. The terms of probation may include restrictions of student privileges and/or set specific behavioral expectations. Misconduct while on probation or failure to comply with any conditions or to complete any assignments related to the probation may lead to more severe disciplinary action, including suspension or expulsion.

Suspension: Disciplinary suspension of the student from the College is assigned for a specified period of time that excludes the student from registration, class attendance, and use of College facilities. During the period of disciplinary suspension, the student will be prohibited from using or visiting College facilities unless special permission is obtained from the Office of Student Rights and Responsibilities.

Deferred Suspension: Deferred suspension is for a specified period of time. During the time of deferred suspension, involvement at the College is restricted to academic activities. A student under deferred suspension who is found responsible for further violations of the Student Code of Conduct will be immediately suspended or expelled.

Expulsion: Expulsion of a student from the College is permanent and requires administrative review and approval by the Director of Student Rights and Responsibilities or designee. A student who is expelled from the College is prohibited from using or visiting College facilities unless permission is obtained from the Director of Student Rights and Responsibilities of Student Services or designee.

Educational Sanctions

Include but are not limited to:

Apology Letter: May be assigned to students whose behavior had a negative impact on a particular individual or business more so than the community at large (i.e. theft).

Community Service or Service Learning Experience: May be assigned to students whose behavior or pattern of behavior disrupted the community in some way.

Counseling: (substance abuse, anger management, etc.) May be assigned to students whose behavior or pattern of behavior dictates a need for therapeutic rather than educational intervention.

Interview with Relevant Staff Member and Reflection Paper: May be assigned to students whose behavior indicated a need for education on a particular subject on which a College staff member is knowledgeable.

Reaction/Reflection/Research Paper: May be assigned to students who have engaged in a Code violation as a way of fostering reflection and explanation in a way that will benefit their future decision making.

Review Relevant Article, Book, Workshop, Program or Movie and Reflection Paper: May be assigned to students whose behavior violated the Code as a way of fostering exploration of a particular topic followed by reflection on the topic and how it relates to them.

Restitution: May be assigned to students whose behavior reflects damages to or misappropriation of property. Restitution may include, but is not limited to, reimbursements, compensation, and service.

Section 1

Possible Educational Sanctions:

Counseling, reflection paper, community service, ethics seminar, research paper, review relevant article, restitution, policy review paper, interview key staff, behavior contract/agreement.

Section 2.

Possible Educational Sanctions:

Counseling, community service, reflection/research paper, review relevant article, restitution, alcohol/drug education program, letter of apology, policy review paper, interview key staff members, anti-hazing workshop, risk management education, ethical decision making program, student success programs.

Section 3.

Possible Educational Sanctions:

Counseling, community service, coordinate/attend multicultural program, reflection/research paper, review relevant article, restitution, policy review, interview staff member, letter of apology, attend sexual assault program, anti-hazing workshop, alcohol/drug education program, present to peers on selected topics

Students who have been suspended, permanently dismissed, or have withdrawn from a college while under investigation for an offense involving sexual violence under the college's sexual misconduct policy will have a notation stating either "Suspended/Dismissed for a violation of, or withdrew while under investigation for a violation of [the name of the College's] sexual misconduct policy" placed on their permanent records. Colleges may place a statement on the transcript, which shall state “Misconduct Dismissal.” Students under investigation for sexual violence will have an XIT Service Indicator placed on their SIS record.

Section 4.

Possible Educational Sanctions:

Counseling, community service, reflection/research paper, review relevant article, restitution, policy review, police ride along, alcohol/drug education program,

Section 5.

See academic Integrity policy

• Preparing for a Hearing Guide

Step 1: Informal Hearing

During the Informal hearing OSRR will advise students of allegation(s) and explain the student conduct process and clarify student’s rights and responsibilities. Every effort will be made to resolve the matter by mutual agreement. Following the meeting OSRR will take one of the following actions:

1. If the student fails to appear, OSRR may find the student responsible and impose sanctions.
2. If there is no basis for the allegation or if it does not warrant disciplinary action, OSRR will dismiss the allegation.
3. If the student accepts responsibility, OSRR will impose sanctions
4. If the student does not accept responsibility, OSRR will initiate formal disciplinary charges (See step 2).

Students with a documented disability who need accommodations at any stage in the conduct process should notify the Office of Student Rights and Responsibilities (OSRR) in writing at least three days prior to the hearing or meeting.

Step 2: Formal Hearing

If formal charges are filed, the student with the agreement of the Office of Student Rights and Responsibilities (OSRR) may choose one of two hearing options:

1. A formal administrative hearing by the OSRR; or
2. A formal hearing by a Student Conduct Panel.

Hearing Process

At the hearing, the Office of Student Rights and Responsibilities (OSRR) or chair of the panel will ask the student to respond to the charges. If the student admits responsibility for the charges, the student will be given an opportunity to explain any mitigating circumstances. If the student denies the charges, the hearing will proceed. The burden of proof rests with the complainant. The OSRR or the panel will determine responsibility by the preponderance of the evidence (more likely than not). The hearing will be held whether or not the student attends.

The OSRR will impose sanctions on a student found responsible for violating the Code of Conduct following the hearing. Prior to a decision being made, an accused student may present no more than two written statements of mitigating factors or character references. Complainants may present a written impact statement.

Written notification of the sanction will be sent to the students via the student’s VCCS email account within 10 business days following the hearing. Any sanction imposed at the campus level applies to the entire college.

The College may extend deadlines at its discretion.

Hearing Guidelines

The student must receive notice at least five business days before the scheduled hearing. Notice of the charge(s) and of the time and place of the hearing will be sent to the student and all involved parties. Upon request, the student will be allowed access to any and all known materials to be introduced by the College as evidence against him/her.

Hearings will be closed to the public and press. All proceedings and decisions will be confidential except as permitted or required by law. All decisions of the proceedings will be provided to the complainant and accused student and to College officials on a need-to-know basis. Hearings will be recorded.

Related information including names, contact information, and relevance of witnesses must be submitted to the Office of Student Rights and Responsibilities (OSRR) in writing at least three business days prior to the hearing.

The complainant and the accused student have the following rights:

1. To present an account of their involvement with the incident leading to the charge(s). If the student chooses to present an account of the incident in writing, it needs to be submitted to the OSRR at least three days prior to the hearing. The account may include any information or facts they wish to be considered in the review of the case, whether or not the student chooses to appear for the hearing.
2. To present information, witnesses, and evidence on their behalf. Witness statements and evidence must directly relate to the incident in question.
3. To question any witnesses or rebut any evidence presented at the hearing. The OSRR or the chair of the panel may require that questions be submitted in writing.
4. To remain silent without assumption of responsibility.
5. To have an advisor at the hearing.
   1. A student who intends to have an advisor present at the hearing must notify the OSRR in writing at least three days prior to the hearing. The notice must contain the advisor’s name, contact information, and relationship to the student.
   2. The advisor’s role is not to represent the complainant or accused student. The advisor may not speak for the individual or ask questions of witnesses or complainants.
   3. The advisor must agree to sign a confidentiality agreement.

Student Conduct Panel

Before the beginning of the Fall semester, the Office of Student Rights and Responsibilities (OSRR) at each campus will appoint a pool of faculty, staff and (when possible) students to serve on student conduct panels. For each individual hearing, the OSRR will appoint three members from the pool to serve on the hearing panel; a panel may include no more than one student. The OSRR will designate one panel member to serve as the chair. The OSRR has the option of appointing panel members from any campus.

All prospective panel members will be trained in the hearing processes; training will be coordinated by the OSRR with support from Human Resources. Members will serve for two years with the option to serve multiple terms with the OSRR's approval.

The role of the conduct panel is to listen to the incident details, ask questions, determine the facts, and review the evidence presented. The panel is tasked with rendering a determination of responsibility based on a preponderance of the evidence. In the event that the student is found responsible for the charge(s), the panel will recommend sanctions to the OSRR, who will make a final determination of sanctions up to, but not including, expulsion, and will formally inform the student and the panel members of the decision. Recommendations for expulsion will be forwarded by the OSRR to the Associate Vice President for Student Services and Enrollment Management for final approval.

Step 3: Appeal (if applicable)

Appeals are not intended to be re-hearings of the complaint. In most cases, appeals are confined to a review of the written documentation or record of the original hearing, and pertinent documentation regarding the grounds for appeal.

Appeals must be made to the appropriate Administrative Council member:

1. Appeals for campus processes coordinated by the Office of Student Rights and Responsibilities (OSRR) must be made to the Provost of that campus.
2. Appeals for NOVA Online processes coordinated by the OSRR must be made to the NOVA Online Director of Student Services.
3. Appeals for multi-campus processes coordinated by the Vice President of Student Services or designee and for expulsions must be made to the Vice President of Student Services.

Appeal Guidelines

• Sanctions imposed will be in effect while the appeal process takes place. Exceptions may be made on a case-by-case basis when necessary for the integrity of academic programs.
• Requests for appeal must be submitted in writing and received within five business days of the written notice of the decision. Appeals submitted by email must be sent from the student’s VCCS email address and have “Student Conduct Appeal” as the subject line. Failure to submit a complete appeal packet within the allotted time will render the original decision final.
• The party requesting appeal must show error, as the original finding and sanction are presumed to have been decided reasonably and appropriately. The only grounds for appeal are as follows:
  • A procedural or substantive error occurred that significantly impacted the outcome of the hearing.
  • To consider new evidence, unavailable during the original hearing or investigation, that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included.
  • The sanctions imposed are substantially disproportionate to the severity of the violation.
• The Administrative Council member reviews the request to see if it meets the limited grounds and is timely. The Administrative Council member may:
  • Find that the appeal is not timely or substantive and dismiss it. The decision is final.
  • Affirm the finding and sanction imposed in the original decision. The decision is final.
  • Affirm the finding and reduce, but not eliminate, the sanction. The decision is final.
  • Remand the case to the Office of Student Rights and Responsibilities (OSRR) or the original panel for consideration of new evidence. The decision of the OSRR or panel is final. In rare cases where the procedural error cannot be resolved by the OSRR or original panel, such as in cases of bias, the Administrative Council member may appoint a new panel to rehear the case. The results of the panel are final.
• A student who has exhausted the appeal process has no right to file a grievance related to the case.

All records of an alleged violation and materials pertaining to and resulting from the hearing of a case are retained by the College.

A recording of the hearing becomes the property of the College. The student may review the recording at a NOVA location upon request for up to 30 days after the hearing. The student may request a copy of the recording.

Records are retained for seven years except in the case of suspension or expulsion, which become a permanent part of a student’s record. When a student is deemed to present a significant threat to the College community, a notation will be placed in the Student Information System to prevent the student from registering at any VCCS college.

When College officials award credit, degrees, and certificates, they must assume the absolute integrity of the work students have done; therefore, it is important that students maintain the highest standard of honor in their scholastic work.

The College does not tolerate academic dishonesty. Along with any grade penalty the instructor imposes if the student is found responsible for violating the Academic Integrity Policy, the student may also face disciplinary action for violating the Student Code of Conduct.

Students suspected of violating this policy shall be addressed in accordance with the provisions of the Academic Integrity Policy. 

Academic Grievance

An academic grievance is an appeal of a final course grade or dismissal from an academic program. An academic grievance must be based on at least one of the following: arbitrary and/or capricious action on the part of the faculty member, including assignment of a grade or dismissal from a program on some basis other than performance in the course or program; application of standards different from those that were applied to other students in the same course or program; the assignment of a grade not in accord with the grading protocol on the course syllabus; or dismissal from a program not in accord with the program standards.

An academic grievance should not be confused with due process for academic misconduct. Any student who believes that a final course grade or dismissal from an academic program was based on the actions described above, should file an academic grievance rather than following the academic misconduct due process/appeal process. See the Student Grievance Process at the Polices page. 

• Title IX Statement
• Title IX Policy

Sexual Misconduct includes discrimination based on sex, gender identity or gender expression, dating/domestic violence, stalking, sexual assault, and sexual harassment. Reports that include elements of alleged sexual misconduct (such as but no limited to stalking, sexual assault, sexual harassment and domestic violence) should be sent to the Title IX Office by completing this form: Sexual Misconduct (Title IX) Complaint Form (maxient.com)