Sexual Misconduct

Purpose:

To reaffirm and communicate the college’s standards related to gender-based behavior; to define sexual misconduct to include sexual assault, sexual harassment, sexual violence, and verbal misconduct as defined below; to specify the college’s policy prohibiting sexual misconduct; to outline procedures to address and report complaints of sexual misconduct by employees in connection with their employment toward students, other employees, or non-employees; and to outline procedures to address and report complaints of sexual misconduct by non-employees or third parties while conducting business with the college.

Definitions:

College official: any person employed by the college.

Complainant: an employee, student, or non-employee who files a complaint alleging that an incident or incidents of sexual misconduct have occurred.

Complaint: a verbal or written allegation of sexual misconduct that is communicated to a faculty or staff member or administrator at the college.

EEO officer: the college’s associate vice president of human resources.

Employee: full-time and part-time teaching faculty, administrative and professional faculty, classified staff, and wage employees.

Family members: includes parents, including step-parents; spouse as defined by laws of the Commonwealth; children, including step-children, foster children, and legal wards; siblings, including step-siblings; and any relative, either by blood or marriage, living in the employee’s household.

Non-employee or third parties: individuals who are not employed by or directly receive pay from J. Sargeant Reynolds Community College (Reynolds), including customers/general public, volunteers, independent contractors, workers who are employed by the independent contractor or business (clinical/hospital arrangements), temporary workers paid by a staffing firm, consultants, other government agency employees, and representatives of other companies invited to perform a service for Reynolds (e.g., delivery persons, caterers, etc.).

Preponderance of evidence: the standard of judgement that indicates the weight of the evidence is sufficient to determine that the issue in question is more likely true than not.

Respondent: a person against whom a sexual misconduct complaint has been filed.

Sexual assault/sexual violence: sexual assault/sexual violence is defined as sexual intercourse without consent, including rape (whether by acquaintance or stranger), sodomy, or other forms of sexual penetration. To constitute lack of consent, the acts must be committed either by force, threat of force, intimidation, or through use of victim’s mental helplessness of which the accused was aware or should have been aware. Mental helplessness includes incapacitation by alcohol or other drugs. Sexual assault also includes intentionally touching, either directly or through clothing, of the victim’s genitals, breast, thighs, or buttocks without the victim’s consent, as well as touching or fondling of the accused by the victim when the victim is forced to do so against his or her will.

Sexual harassment: as defined in guidelines published by the U.S. Equal Employment Opportunity Commission (EEOC), includes unwelcome sexual advances, requests for sexual favors, or other verbal or physical conduct or written communication of a sexual nature when:

• accepting or tolerating such conduct is made a term or condition of a student’s status or an individual’s employment either explicitly or implicitly;

• accepting or rejecting such conduct is used as the basis for academic- or personnel-related decisions affecting the student or the employee; or

• such conduct creates an intimidating, hostile, or offensive working or learning environment or substantially interferes with an employee’s work performance or a student’s academic performance. Petty slights, annoyances, and isolated incidents (unless extremely serious) shall not rise to the level of illegality. To be unlawful, the conduct must create a working or learning environment that would be intimidating, hostile, offensive or abusive to reasonable people.

Sexual misconduct: sexual assault, sexual harassment, sexual violence, or verbal misconduct as defined in this policy.

Student: any person currently enrolled in at least one credit, non-credit, or developmental course offered by Reynolds.

Title IX coordinator: the college’s vice president of student affairs.

Verbal misconduct: direct propositions of a sexual nature, subtle and/or persistent pressure for sexual activity, conversation, jokes or stories of a sexist or sexual nature, sexual remarks about a person’s clothing, body, or sexual relations, or the display of sexually-explicit materials may constitute misconduct if shown to be unwelcome and sufficiently pervasive or severe a condition to affect academic performance or employment. Verbal misconduct may constitute sexual harassment.

Policy:

1. An educational institution is a community of trust whose very existence depends on the recognition of each individual’s importance and value. J. Sargeant Reynolds Community College (Reynolds) is committed to maintaining an academic and work environment that creates the freedom for each individual to live, think, act, work, study, and speak without fear of physical, emotional, and psychological harm.

2. In compliance with Section 703 of the Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972, the college shall not tolerate any verbal, nonverbal, or physical behavior that constitutes sexual misconduct (sexual assault, sexual harassment, sexual violence, or verbal misconduct) by employees in connection to their employment. Furthermore, sexual assault is a violation of the Code of Virginia.

3. In compliance with Section 703 of the Title VII of the Civil Rights Act of 1964 and Title IX of the Education Amendments of 1972, the college shall not tolerate any verbal, nonverbal, or physical behavior that constitutes sexual misconduct (sexual assault, sexual harassment, sexual violence, or verbal misconduct) by non-employees or third parties on college campuses or while conducting business with the college. Furthermore, sexual assault is a violation of the Code of Virginia.

4. In order to assure that sexual misconduct is precluded, the college strongly encourages individuals who believe they have experienced sexual misconduct to report the alleged misconduct according to the procedures described in Section IV of this policy. Additionally, personnel with supervisory responsibility and classroom instructors are required by federal law to take immediate and appropriate action when incidents of sexual misconduct or possible incidents of sexual misconduct are brought to their attention. Situations of an emergency nature should be reported immediately to the Department of Police or by calling 5911, if calling from a college phone.

5. A faculty or staff member making an intentionally false accusation of sexual misconduct shall be subject to: warning, probation, suspension, or dismissal. Any faculty or staff member initiating a negative personnel or academic action against an individual in retaliation for reporting an incident or allegation of sexual misconduct shall be subject to warning, probation, suspension, or dismissal. Appropriate personnel actions such as warning, probation, etc., are not considered retaliation in confirmed cases of intentional false accusations of sexual misconduct.

6. This policy applies to all full-time and part-time members of the college community, including classified employees, wage employees, and members of the instructional, administrative, and professional faculty. Any employee of Reynolds found guilty of sexual misconduct shall be subject to appropriate disciplinary action, which may include dismissal.

7. This policy is available for use by students when the accused is an employee of the college. If the accused is a student, then Reynolds Policy No. 1-14, Student Sexual Misconduct must be followed. Students making an intentionally false accusation of sexual misconduct shall be subjected to the provisions of Reynolds Policy No. 1-35, Student Conduct.

8. This policy is not intended to inhibit or restrict the free speech content of written or oral presentations. Academic freedom and, more generally, freedom of expression are of paramount value in an academic community. Therefore, nothing in this policy precludes academically relevant discussions or presentations concerning gender or sex. The fact that such discussions or presentations may cause some students discomfort does not in itself indicate hostile-environment misconduct; if relevant to course content, gender and sex are legitimate areas of inquiry.

Procedures:

Employees and non-employees who believe they may have experienced or witnessed sexual misconduct by an employee, but are uncertain as to whether a complaint is justified or whether they wish to initiate a formal complaint, may find it helpful to discuss their concerns confidentially and informally with the college’s equal employment opportunity (EEO) officer, who is the associate vice president of Human Resources.

Students who may have experienced or witnessed sexual misconduct by an employee, but are uncertain as to whether a complaint is justified or whether they wish to initiate a formal complaint, may find it helpful to discuss their concerns confidentially and informally with the college’s Title IX coordinator, who is the vice president of student affairs (VPSA). The coordinator can be contacted/located in the Office of Student Affairs, 1651 E. Parham Road, Room 204, Georgiadis Hall, Richmond, VA 23228; (804) 523-5296.

If an individual has a complaint of sexual misconduct, it is recommended that the offended individual first inform the alleged offender to stop the unwelcome behavior. If the offended individual is uncomfortable about approaching the alleged offender, the procedures specified in this policy for filing a complaint should be followed.

Because of the sensitive nature of situations involving sexual misconduct and in order to assure efficient and confidential resolution of these issues while preserving the rights of all affected persons, the college has established the procedures listed in Section IV.A. to address sexual misconduct complaints against employees of the college. Specific time limitations stated in this policy may be extended by mutual agreement or by extenuating circumstances.

If the employee, non-employee, or student wishes to move forward with a complaint of sexual misconduct after meeting with the college’s equal employment opportunity (EEO) officer or the college’s Title IX coordinator, then the complainant has three (3) options based on his/her official association with the college. Options include the college’s informal procedure, the college’s formal procedure, or outside legal proceedings. Collegial and outside legal proceedings are not mutually exclusive and may be used simultaneously.

A written complaint of the alleged sexual misconduct is unnecessary to institute an investigation if the college knows, or reasonably should have known, that a violation of this policy has occurred. However, upon learning of an alleged incident, the college official hearing the initial complaint must create a written account of the alleged incident/complaint.

1. Procedure I - the informal procedure

   The purpose of Procedure I is to provide assistance to individuals who believe they have experienced sexual misconduct and wish to file a complaint and initiate an internal investigation by college leadership. Procedure I also offers the opportunity of due process for the alleged offender. These discussions will be held in a professional and confidential manner.

   Student complaint of sexual misconduct by college employee

   1. Students who believe they have been victims of sexual misconduct are urged to contact the college’s Title IX coordinator, who is the vice president of student affairs (VPSA). The coordinator can be contacted/located in the Office of Student Affairs, 1651 E. Parham Road, Room 204, Georgiadis Hall, Richmond, VA; (804) 523-5296.

   2. The Title IX coordinator and the college’s EEO officer will meet with the student to discuss the complaint at the earliest convenience of the student, but ordinarily no later than ten (10) workdays after the student has contacted the Title IX coordinator.

   3. After meeting with the Title IX coordinator and the college’s EEO officer, the student will be encouraged to provide a written account of the alleged incident in their own words to the Title IX coordinator and the college’s EEO officer (within thirty [30] calendar days of the event or action).

   4. The Title IX coordinator and the EEO officer will conduct an investigation and obtain additional information as needed regarding the complaint by interviewing possible witnesses, obtaining statements, or obtaining other information relevant to the case.

   5. Student continues with Procedure I at step IV.A.2.

   Non-employee complaint of sexual misconduct by college employee

   1. Non-employees who believe they have been victims of sexual misconduct by an employee are urged to contact the college’s EEO officer in the Workforce Development and Conference Center, 1651 E. Parham Road, Suite 121, Richmond, VA; (804) 523-5877, to set up a confidential meeting.

   2. The EEO officer will schedule a meeting at the earliest convenience of the complainant, but ordinarily no later than ten (10) workdays after the complainant has contacted the EEO office.

   3. After meeting with the EEO officer, if the non-employee wishes to file a complaint against a college employee, he or she may initiate the formal complaint procedure by submitting a written account of the alleged incident in his or her own words to the college’s EEO officer (within thirty [30] calendar days of the event or action).

   4. The EEO officer and the respective President’s Executive Cabinet (PEC) member of the alleged offender will conduct an investigation and obtain additional information as needed regarding the complaint by interviewing possible witnesses, obtaining statements, or obtaining other information relevant to the case.

   5. The EEO officer and the respective President’s Executive Cabinet member will advise the president of the outcome of the investigation and make an appropriate recommendation for disciplinary action as warranted.

   6. The president makes the final decision regarding the appropriate action to be taken.

   College employee complaint of sexual misconduct by college employee

   1. Employees who believe they have been victims of sexual misconduct are urged to contact the college’s EEO officer in the Workforce Development and Conference Center, 1651 E. Parham Road, Suite 121, Richmond, VA; (804) 523-5877, to set up a confidential meeting. Employees may also initiate a complaint by filing such complaint in writing directly with the college president. The college president will take such action as is appropriate, including conducting an investigation. The college president may seek the assistance of the college’s equal employment opportunity (EEO) officer, and the respective President’s Executive Cabinet (PEC) member of the alleged offender to conduct the investigation.

   2. The EEO officer will schedule a meeting at the earliest convenience of the complainant, but ordinarily no later than ten (10) workdays after the complainant has contacted the EEO office.

   3. The EEO officer will hear the complaint and advise the complainant of his/her internal and external options:

      1. An employee may initiate the formal complaint (Procedure I) and provide a written account of the alleged incident in his/her own words to the college’s EEO officer [within thirty (30) calendar days of the event or action]. Employee continues with Procedure I at step IV.A.2.

      2. An employee may initiate the formal complaint procedure (Procedure II) and provide a written account of the alleged incident in their own words to the college’s EEO officer (within thirty [30] calendar days of the event or action). Employee continues with Procedure II at step IV.B.

      3. Classified employees may file a grievance, using the State Employee Grievance Procedure (within thirty [30] calendar days of the event or action).

      4. Full-time and part-time faculty-ranked employees may file a grievance, using the VCCS Faculty Grievance Procedure (within twenty [20] workdays of the event or action for informal resolution or within ten [10] workdays following the informal meeting).

      5. An employee may initiate a formal complaint of discrimination (based on sexual harassment) with the Offices of Equal Employment Services (OEES) and Employment Dispute Resolution (EDR) (within 180 calendar days of the event or action) at the Department of Human Resource Management, James Monroe Building, 12th Floor, 101 North 14th Street, Richmond, VA 23219; (804) 786-7994, Fax (804) 786-1606, or email at edr@dhrm.virginia.gov.

      6. An employee may initiate a formal complaint of discrimination (based on sexual harassment) with the U.S. Equal Employment Opportunity Commission (within 300 calendar days of the event or action) at Richmond Area Office, 400 N. Eight Street, Suite 350, Richmond, VA 23219; (804) 771-2200 or (800) 669-4000.

   College employee complaint of sexual misconduct by non-employee

   1. The employee (complainant) is encouraged to inform the alleged harasser directly that the conduct is unwelcome and must stop. If the employee is uncomfortable taking this action, the employee must report the alleged behavior to his/her respective supervisor and the supervisor must inform the non-employee/third party directly that the conduct is unwelcome and must stop. If the behavior does not cease, the supervisor must contact the college’s EEO officer for assistance. The EEO officer may take any or all of the following actions:

      1. Initiate a meeting with the independent contractor or company representative of the non-employee regarding the alleged harassment and demand that it cease, that appropriate disciplinary action be taken if it continues, and/or request that a different individual be assigned by the independent contractor or company to the college.

      2. Send a letter of complaint to the employer of the alleged offender.

      3. End the volunteer’s arrangement with the college and notify the individual in writing.

      4. Direct the employee (complainant) to file criminal/legal proceedings under applicable local, state, and federal laws and associated regulations directly against the non-employee or third party individual (alleged offender).

   2. If the complainant elects to proceed with Procedure I, the college’s EEO officer and the respective President’s Executive Cabinet member will (within ten [10] workdays) meet with the accused individual, advise him or her about the informal complaint, and review the college’s Sexual Misconduct policy in an attempt to informally resolve the complaint. The accused individual will be allowed to rebut and/or provide any information relative to the informal complaint. The complainant may request that his/her name not be revealed to the person accused. Under no circumstances will the complainant be required to meet with the alleged offender.

   3. Within five (5) workdays, the college’s EEO officer and respective President’s Executive Cabinet member, in consultation with each other, will further investigate the complaint (if necessary) and render a decision, which will be limited to one of the following:

      1. The complaint is dismissed due to lack of information.

      2. The complaint is dismissed based on the conclusion that the behavior/acts in question do not constitute sexual misconduct.

      3. The EEO officer and the President’s Executive Cabinet member are unable to determine if an act(s) of sexual misconduct was committed.

      4. The accused individual is guilty of some degree of sexual misconduct and a letter of warning or reprimand is to be issued by the respective President’s Executive Cabinet member.

   4. The college’s EEO officer will then meet with the complainant (within five [5] workdays) to inform him or her that the EEO officer and the respective President’s Executive Cabinet member met with the accused and reviewed with him or her the college’s Sexual Misconduct policy. If the complainant is satisfied with the outcome, documentation of the outcome of the informal process will be filed in the Office of Human Resources and no further action will be taken. If the complainant is not satisfied with the outcome, the EEO officer will again advise the complainant of his or her options, including options outside the college’s internal complaint procedure.

   5. Efforts will be made to resolve complaints informally whenever informal resolution appears possible. If the college’s EEO officer and the respective President’s Executive Cabinet member determine that an informal resolution is not possible or if attempts to achieve such informal resolution do not succeed, the alleged offender will be informed of the formal procedure as described in Section IV.B., the options available to the complainant, and grievance options available to the accused.

   6. If there are more than two (2) Procedure I complaints against an individual within a twelve (12) month period, the college’s EEO officer will advise the supervisor of the accused. The supervisor of the accused, the respective President’s Executive Cabinet member, and the college’s EEO officer will meet to determine further disciplinary actions, which may include suspension or dismissal.

2. Procedure II - the formal procedure

   Where informal resolution is not achieved or attempted, the complaint will be dealt with as a formal accusation and heard by a panel. The purpose of Procedure II is to provide a process for the handling of a formal, written complaint of sexual misconduct. If the complainant and/or the accused wish, he or she may seek a college representative to serve in an advisory role through this process. The complainant and/or accused may choose one of the following as his/her college representative: a member of the President’s Executive Cabinet, an academic dean/director, a professional faculty-ranked counselor, or a colleague/co-worker. College representatives may clarify and explain procedures and assist the complainant to proceed in a timely and appropriate manner.

   1. Employees who believe they have been a victim of sexual misconduct by another employee may initiate the formal complaint procedure by providing a written account of the alleged incident in their own words to the college’s EEO officer (within thirty [30] calendar days of the event or action).

   2. Students who believe they have been a victim of sexual misconduct by an employee must contact the college’s Title IX coordinator. After meeting with the Title IX coordinator and the college’s EEO officer, the student will be encouraged to provide a written account of the alleged incident in their own words to the Title IX coordinator and college’s EEO officer [within thirty (30) calendar days of the event or action].

   3. Non-employees who believe they have been a victim of sexual misconduct by an employee must file a formal complaint of sexual misconduct by submitting a written report of the alleged sexual misconduct incident to the EEO officer.

   4. Formal, written complaints of sexual misconduct must be filed with college officials within 180 calendar days of the alleged act.

   5. The EEO officer is responsible for advising the accused employee’s supervisor of the formal written complaint.

   6. Within ten (10) workdays of receipt of the formal written complaint, the college’s EEO officer and the president will organize a panel to hear the complaint.

   7. The review panel will consist of five (5) voting members. The composition of the panel will be as follows:

      1. two (2) members of the faculty (includes teaching and professional faculty)

      2. one (1) member of the administrative faculty

      3. one (1) professional faculty (i.e., counselor or librarian)

      4. one (1) member of the classified staff

      5. college’s EEO officer (non-voting member of the panel)

      Furthermore, to ensure an impartial panel, no member may have had prior involvement in the complaint process, have direct or indirect supervisory responsibility for either party, or be in a direct or indirect subordinate position to either party.

   8. The panel will convene within fifteen (15) workdays after selection by the EEO officer and the president. At its first meeting, the panel will elect a chair from its members and establish a date to hold the hearing. The hearing must be held within ten (10) workdays of the panel’s initial meeting. The EEO officer will provide standard, written instructions to each panel member in order to guide the conduct of the hearing.

   9. The chairperson of the panel will notify the complainant and the respondent in writing regarding the time and place for the hearing. Both parties and appropriate witnesses may present evidence to the panel.

   10. Based on the evidence presented, the burden of proof will be a preponderance of evidence and the panel will decide if the standard is met by a simple majority. The panel will report its decision in writing [within five (5) workdays of the hearing] to the respective President’s Executive Cabinet member, with a copy to the college’s associate vice president of human resources.

   11. Full-time classified employees found to have engaged in sexual misconduct may be counseled or may be formally disciplined with either a Group I, Group II, or Group III Written Notice (depending on the specific facts and circumstances surrounding the incident) in accordance with the provisions of the Department of Human Resource Management Policy No. 1.60, Standards of Conduct and Performance. Part-time classified employees found to have engaged in sexual misconduct may be counseled or dismissed from the college.

   12. Teaching faculty, administrative faculty, or professional faculty found to have engaged in sexual misconduct may be counseled, may receive a formal letter of reprimand issued by the supervisor (with a copy to the complainant) as permitted by the Code of Virginia, Title 2.2, Section 2.2-1201 as amended, or may be disciplined in accordance with the provisions of faculty sanctions as indicated in VCCS Policy 3.12, Faculty Sanctions.

   13. If there is a finding of sexual misconduct, the respective President’s Executive Cabinet member will take appropriate action, which may include imposing sanctions/disciplinary action or recommending sanctions/disciplinary action to the appropriate supervisor or to the president, depending upon the seriousness of the offense and whether the accused is classified staff or a faculty member. The President’s Executive Cabinet member will inform the complainant and the respondent with the final results of the formal hearing.

   14. The complainant or respondent may appeal the results of the formal procedure in writing to the president. The president may refer the appeal decision to another individual or group, when appropriate. The appeal must be made in writing within three (3) workdays of notification of the results of the formal hearing. A decision regarding the appeal will be made as soon as possible, but normally no later than ten (10) workdays after the written appeal is received.

   15. If the panel, or the president on a subsequent appeal, finds that there is no validity to the complaint, all members of the college community who have been involved in the formal complaint process will be informed in writing by the college’s EEO officer. The president’s decision will be final.

   16. After the president’s decision, the record and related documentation will be maintained by the college’s EEO officer.

3. Procedure III - legal proceedings

   Any member of the college community who believes he or she may be a victim of sexual misconduct by a college employee or believes he or she was falsely accused of sexual misconduct may seek private legal consultation and file criminal and/or civil charges in the Commonwealth of Virginia, as appropriate.

4. Extension of time

   Any extensions of time for scheduling meetings or rendering a decision must be approved by both the complainant and the respondent in writing. In the absence of such approval, a failure on the part of the complainant or respondent to timely file an appeal or take other action will result in a loss of the right of appeal or the right to introduce facts or evidence. A failure on the part of the supervisor, college EEO officer, or the chairperson of the panel to act within the specified time limits may be reported by the complainant or respondent to the president for appropriate action. A failure on the part of the president to act within the specified limits may be reported by the complainant or respondent to the chancellor of the Virginia Community College System for appropriate action

5. Confidentiality and record retention

   The identity of the complainant and the respondent, pursuant to these guidelines, will be kept confidential outside of the confidential proceedings of the college’s disciplinary process. All written materials related to a complaint will be maintained under seal in a separate folder and not within the respondent’s personnel file. However, upon a final decision that sexual misconduct has occurred, disciplinary action may include filing a copy of the decision in the employee’s official personnel file.

   Both the complainant and the respondent have a right not to have his or her unrelated past sexual history included in any part of the campus proceedings. The presiding officers or chair of the panel will ensure compliance with this requirement.

   All complaints, responses, and other papers created pursuant to these guidelines are not to be released to any individual or administrative authority at the college other than the complainant, the respondent, the EEO officer, the respective member of the President’s Executive Cabinet, and the president. In the event that formal litigation or external complaint procedures require disclosure, it may be necessary for the college to comply with formal requests for such records under subpoena. These records may be considered in the event that other formal complaints are filed against the same individual during that period. Records will be maintained by the Office of Human Resources for a period of five (5) years from the date received.

6. Consensual relationships

   Consenting romantic and/or sexual relationships where one position has authority over another position (i.e., faculty and student, staff and student, supervisor and supervisee) are prohibited by this policy.

   Other romantic and/or sexual relationships between faculty and student, or staff and student (where no instructional relationship exists); faculty and faculty; staff and staff; or faculty and staff; are strongly discouraged and deemed unwise.

   If a romantic relationship occurs, it must be consensual; however, even though the relationship is consensual it can raise serious concern about the validity of the consent, conflicts of interests, bias, ethics, and favoritism, and may become sexual misconduct which could lead to formal disciplinary action, including termination of employment. The college’s EEO Officer is available for advice and guidance regarding this matter.

   If a consensual relationship becomes non-consensual (i.e., unwelcome romantic or sexual conduct by either party to the relationship), if reported, may be regarded as sexual misconduct under this policy.

7. Conflict of interests

   Additionally, if two employees become family members, both may retain their positions, provided one is not under the direct or indirect supervision of the other. It is the responsibility of the supervisor to advise the Office of Human Resources if such a relationship exists. If one employee is under direct or indirect supervision of the other, a management plan must be formulated to address the supervisory relationship.

   Faculty should never have instructional authority over or serve as an official advisor of a family member. Any potential situation regarding this matter must be disclosed to the dean and the college’s EEO Officer before instruction or advising begins.

8. Education and prevention

   The college is pledged in every way possible to help any and all employees achieve a realistic understanding of the ill effects of sexual misconduct for themselves, victims, and society. Above and beyond potential disciplinary action resulting from sexual misconduct, the college recognizes the need and responsibility to provide information and counseling services regarding sexual misconduct. The following activities and services will be offered at Reynolds in an effort to prevent sexual misconduct:

   1. inclusion of the prevention of sexual misconduct information and guidance regarding relationships in the workplace in the college’s new employee orientation program and employee handbooks;

   2. distribution of the college’s Sexual Misconduct policy to all newly hired employees of the college;

   3. requirement of all faculty and staff to participate in the prevention of sexual harassment training at least once per year; supervisors are expected to ensure this requirement is met;

   4. distribution of the college’s Sexual Misconduct policy to all employees once every two (2) years by the college’s EEO officer; and

   5. regular inclusion of sexual misconduct and/or related issues in training classes, workshops, presentations, seminars, or other programs of information and awareness presented by the college’s Professional Development and Renewal program.

9. Additional resources

   The college will enter into and maintain a written memorandum of understanding with a local sexual assault crisis center or other victim support service with a local sexual assault crisis center or other victim support service that will provide services to victims of sexual assault.

   The Office of Human Resources will maintain a list of referral services that specialize in sexual misconduct. Individuals requesting assistance will be referred to the appropriate public agencies, making every effort to protect the individual’s confidentiality.

   The college’s Purchasing Office will inform all independent contractors, sub-contractors, private businesses, and any other entities, to which the college engages in a contractual arrangement for businesses and services rendered (which exceeds $5,000), regarding their responsibility to adhere to college policies, specifically including Policy 3-7, Sexual Misconduct.

   The college’s EEO officer will periodically conduct an assessment of college employees’ general awareness of the sexual misconduct policy, sanctions, and support services.

Other Information:

Code of Virginia, Title 2.2, §2.2-1201

Department of Human Resource Management Policy No. 1.60, Standards of Conduct

Department of Human Resource Management Policy No. 1.80, Workplace Violence

Department of Human Resource Management Policy No. 2.05, Equal Employment Opportunity

Department of Human Resource Management Policy No. 2.30, Workplace Harassment

Reynolds Policy No. 3-25, Equal Employment Opportunity and Nondiscrimination

Virginia Community College System Policy No. 3.12, Faculty Sanctions

Virginia Community College System Policy No. 3.14.1, Discrimination and Sexual Misconduct

Virginia Community College System Policy No. 6.5.5, (Student) Sexual Misconduct Policy

Interpretation

The Office of Human Resources is responsible for the official interpretation of this policy and procedure. Questions regarding the application of this procedure should be directed to that office.