Polices: Admission and Continued Enrollment of Students Who May Pose a Threat

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Admission and Continued Enrollment of Students Who May Pose a Threat

Policy Number: 609

Categorized: Student Services

Responsible Office: Associate Vice President for Enrollment Management and Student Services

Subject: Guidelines for admission or enrollment of prospective or current students who are registered sex offenders; for students who may pose a threat; and for students who have had an XTA service indicator placed on their record by another VCCS college.

Related Policies: Admission

Forms:

Additional Information:

Effective Date: 12/13/2016

Last Reviewed Date: 08/25/2017


1.0 Scope

This policy applies to prospective or current students who are registered sex offenders; to students who may pose a threat; and to students who have had an XTA service indicator placed on their record by another VCCS college.

2.0 Policy Statement

Northern Virginia Community College reserves the right to evaluate all applications for admission, document special cases, and to refuse or revoke admission if the College determines that the applicant or student is a threat, is a potential danger, is significantly disruptive to the college community, or if such refusal is considered to be in the best interest of the College. Students whose admission is revoked after enrollment must be given due process.

3.0 Definitions

Current student: A student who is currently enrolled or who has been enrolled within the last three academic years.

Prospective student: An individual who has applied, or seeks to apply, to the College.

Sex Offender: A person for whom registration on the Virginia Criminal Information Network, Sexual Offender Registry and/or the National Crime Information Center, Convicted Sexual Offender Registry is a mandatory requirement; or is a person registered as a sex offender pursuant to Virginia Code § 9.1-901 and § 9.1-902.

Sex Offender Registry: A registry maintained by the Virginia State Police pursuant to Virginia Code § 9.1-900, which states that the purpose of the Sex Offender and Crimes Against Minors Registry shall be to assist the efforts of law-enforcement agencies and others to protect their communities and families.

Threat Assessment Team (TAT): A group established in accord with Virginia law to identify and assess risks posed by concerning behavior. TAT responds College-wide to escalated cases of severe and extreme risk.

XTA Service Indicator: The XTA service indicator is placed on a student’s record when a student is dismissed for misconduct, exhibits threatening behavior, or is determined to be a potential threat. The indicator prevents enrollment at all VCCS colleges.

4.0 Procedures

4.1. Notification or self-report

Upon notification or self-reporting that a registered sex offender or student with an XTA service indicator has applied to, or is currently enrolled at, NOVA, or if a student is already enrolled and then becomes registered as a sex offender, the Threat Assessment Team will gather all pertinent information about the person’s history.

4.2. Assessment

After gathering information, the Threat Assessment Team will determine whether the admission or continued enrollment of the person poses a serious threat to the College community, property, or operation of the College and its functions. If so, the Threat Assessment Team may recommend to the Associate Vice President for Student Services and Enrollment Management conditions for enrollment or denial or revocation of admission.

4.3. For prospective students:

  • If the Threat Assessment Team recommends denial of admission to a prospective student based on threat to the College community, the Associate Vice President for Student Services and Enrollment Management will place an XTA service indicator on the student record and will inform the current or prospective student of his/her ineligibility to enroll.
  • If the Threat Assessment Team recommends conditions for enrollment, the Associate Vice President for Student Services and Enrollment Management will inform the prospective student of those conditions and how compliance will be monitored.

4.4. For current students:

  • If the Threat Assessment Team determines that a current student may pose a serious enough threat to warrant revoking the student’s admission, the student will be afforded an interview with a representative from the Threat Assessment Team.
  • The Associate Vice President for Student Services and Enrollment Management will schedule the interview and send a notice to the student.
  • The student shall be given a minimum of ten working days’ notice of the interview. If the student chooses not to participate in the interview, the team will proceed to make a decision without the student’s input.
  • The student may have an advisor present at the interview, but the advisor may not speak.
  • The student may present no more than two character witnesses or letters of recommendation. If the student intends to call any character witnesses, the student must notify the Associate Vice President for Student Services and Enrollment Management at least three working days in advance of the interview. Similarly, letters of recommendation must be presented at least three working days in advance of the interview.
  • The Associate Vice President for Student Services and Enrollment Management will notify the student of the TAT’s decision within ten working days after the interview.
  • If the student’s admission is revoked, the Associate Vice President for Student Services and Enrollment Management will put a negative service indicator on the student’s record (if one exists) to prevent future enrollment.

4.5. Appeal of Decision for current students:

  • A current student whose admission is revoked will have the opportunity to appeal the decision to the Executive Vice President within ten days of the email postmark of the notification. The only grounds for appeal will be procedural error or new evidence not available at the time of the original decision. The decision of the Executive Vice President is final.
  • If the determination to revoke a student’s admission is upheld on appeal, termination of the student’s status will be for an indefinite period. The conditions of readmission, if any, will be stated in the order of dismissal.

4.6. XTA Service Indicator

The XTA service indicator is placed on a student’s record when a student is dismissed for misconduct, exhibits threatening behavior, or is determined to be a potential threat.

The indicator prevents enrollment at all VCCS colleges. The student may petition another VCCS college for admission as an exception to policy. Admission to one VCCS college as an exception to policy does not mean that the student is admitted to other VCCS colleges.

4.7. Disclosure

In accordance with the Federal Campus Sex Crimes Prevention Act, the Family Educational Rights and Privacy Act (FERPA), does not prevent educational institutions from disclosing information about registered sex offenders.

5.0 Authority

Campus Sex Crimes Prevention Act, 42 U.S.C. § 14071; 20 U.S.C. § 1092(f)(1)(I); 20 U.S.C. § 1232g(b)(7)(A)

Family Educational Rights and Privacy Act (FERPA) of 1974.

Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act, codified at 20 USC 1092 (f).

Code of Virginia § 23.1-407, § 9.1-901; § 9.1-902; 19.2-390.1

VCCS Policy 6.0.1 Admission

VCCS Policy 6.2.5.1 Student Information System (SIS) Records Indicators

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