Northern Virginia Community College

Rights of Students and Employees Accused of Sexual Misconduct

If you have been accused of sexual assault, sexual harassment, dating/domestic violence or stalking, you have certain right under NOVA’s Sexual Misconduct Policy.  These rights are listed below for your information. The complete Sexual Misconduct Policy is available online at http://www.nvcc.edu/current-students/policies–forms/docs/SexualMisconductPolicy.pdf.

1. CHARGES. You have the right to be notified of the charges against you. You will be notified in writing and will be provided a copy of the complaint against you.
2. PROMPT, FAIR AND IMPARTIAL INVESTIGATION. You have the right to a prompt, fair and impartial investigation of the complaint against you, including an opportunity to present witnesses and other evidence. You may present documents, the names of witnesses, and other evidence to the investigators. The investigators may also interview other witnesses and consider other evidence. You may not be present for the complainant’s interview unless the complainant consents, and vice versa.
3. ADVISOR. If you have been accused of sexual assault, you have the right to select an advisor to support and accompany you at all times throughout the College proceedings. The advisor may support you, but may not represent you or speak for you. You may contact the Title IX Coordinator if you have procedural questions or concerns during any stage of the process.
4. STANDARD OF EVIDENCE. You will not be considered responsible for violating NOVA’s Sexual Misconduct Policy unless you are found to be responsible by a preponderance of the evidence, in accord with the procedures described in that policy. Nevertheless, at the complainant’s request, NOVA may take action to change a class assignment or working relationship, or issue a campus protective order, so that you will be separated from the complainant to the greatest extent possible. These actions will not be considered in determining whether you are responsible for the alleged sexual misconduct, and will not prejudice you under that process.
5. CONFIDENTIALITY. You have the right to have your name and all information related to the alleged sexual misconduct kept as confidential as reasonably possible. Absolute confidentiality may not be possible in all circumstances, especially when NOVA needs to act to protect the safety of others. As a general matter, all persons involved in a complaint of sexual misconduct are to respect the privacy of the individuals involved and must keep the matter as confidential as reasonably possible.
6. SANCTIONS. You have the right to know the potential sanctions that may be imposed if you are found responsible for violating the Sexual Misconduct Policy. These sanctions are described in the policy and may include, but are not limited to, admonitions, probation, suspension, dismissal from the College and/or termination from employment.
7. INFORMATION. You have the right to information regarding the status of the complaint against you, including the outcome of the campus investigation and any disciplinary action, the procedures to appeal a disciplinary action, and the final outcome.

March 10, 2014