Oct 01, 2025

2025-2026 Catalog and Student Handbook

Student Rights and Responsibilities

Student Rights and Responsibilities
Student Codes of Conduct (Academic and Behavioral)
Title IX (Sex Discrimination and Harassment)
South Piedmont Community College Grievance/Complaint Procedure

Student Rights and Responsibilities

South Piedmont Community College has established a Student Code of Conduct to promote a positive and safe learning environment for all students. Students and/or student clubs and organizations are responsible for knowing and complying with the information, policies, and procedures outlined in the Student Code of Academic Conduct and the Student Code of Behavioral Conduct in Student Rights and Responsibilities. The student conduct process is not intended to punish students; rather, it exists to protect the interests of the college community and to guide and educate students whose actions are not consistent with South Piedmont Community College policies. Any student is entitled to due process, including the right of appeal and a fair hearing, as outlined in the Student Code of Conduct.

To report a conduct behavior violation, use the Conduct Violation Reporting Form, located at www.spcc.edu, under Student Panel, Reporting Forms, Student Behavioral Conduct Violation Reporting Form.

To appeal a conduct violation, use the Formal Appeal Form, which can be accessed at www.spcc.edu, under Student Panel, Appeal Forms, Formal Appeal for Student Code of Behavioral Conduct Violation. Additional student appeal forms are also located on this page of the website. Those include Formal Appeal for Academic Integrity Violation, Formal Appeal of Final Course Grade, Formal Appeal for Program Dismissal, Formal Appeal for Denial of Admissions into Selective Programs, and Formal Complaint-Appeal of Grievance Finding.

Student Codes of Conduct (Academic and Behavioral)

South Piedmont Community College (SPCC) is an institution of higher education whose mission is to foster lifelong learning, student success, and workforce and community development. The College celebrates learning as the process that changes and improves lives and promotes the value-driven culture of quality, service, stewardship, and respect. These values serve to guide decisions and to foster lifelong learning. Standards of acceptable behavior for students and student clubs and organizations are reflected in the Student Code of Academic Conduct, the Student Code of Behavioral Conduct, and other college policies. Standards of conduct are set forth to assist the college in furthering its mission and values.

Upon enrollment and through the actual awarding of a certificate, diploma, and/or degree, or the completion of a workforce development program, a non-credit program/class, or a College and Career Readiness Program, and as long as the student continues to be enrolled at the College, students have the responsibility to uphold the rules and values of the college, and the right to a fair and equitable conduct process. Students and/or student clubs and organizations are responsible for knowing and complying with the information, policies, and procedures outlined in the Student Code of Academic Conduct and the Student Code of Behavioral Conduct. The student conduct process is not intended to punish students; rather, it exists to protect the interests of the college community and to guide and educate students whose actions are not consistent with South Piedmont Community College policies.

Student Rights

Students shall enjoy all the rights and privileges guaranteed to individuals by the Constitution of the United States and by the State of North Carolina.
Students are free to pursue their educational goals through appropriate opportunities for learning. Student performance will be evaluated on an academic basis not on opinions or conduct in manners unrelated to academic standards.
Students have the right to freedom of expression, inquiry, and assembly without restraint or censorship subject to reasonable and non-discriminatory rules and regulations regarding time, place, manner, and subject.
Students have the right to inquire about and to propose improvements in policies, regulations and procedures affecting the welfare of students through established student government procedures.
The Family Educational Rights and Privacy Act (FERPA) of 1974 provides safeguards regarding the confidentiality of and access to student records. Students and former students have the right to review their official records and to request a hearing if they challenge the contents of these records. Other than directory information, no records shall be made available to unauthorized personnel or groups inside or outside of SPCC without written consent of the student involved, except under legal compulsion. SPCC adopts general guidelines for release of student records to officials of another school where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of §99.34 (§99.31(a)(2)).
No disciplinary sanction other than removal from class or activity (only for duration of said activity) may be imposed upon any student without due process-including notice, an appeal, and a fair hearing.

The goals of the Student Code of Academic Conduct and the Student Code of Behavioral Conduct processes are:

To promote a campus environment that supports the overall educational mission of the college
To promote a campus environment that supports the health and safety of the SPCC community
To minimize disruption and harm in the SPCC community
To foster ethical standards and civic virtues
To promote the values of the college
To provide formal and informal pathways for members of SPCC to hold each other accountable
To facilitate the acquisition of the essential skills, knowledge, and values necessary for the success of educated and responsible citizens
To encourage appropriate standards of individual and group behavior
To sustain a culture in which students and student organizations accept their obligations to the SPCC campus community and in which well-defined governance procedures guide behavior for the common good

Jurisdiction and Authority

Any student, upon acceptance to any SPCC program or class, is expected to abide by college policies and is subject to academic and behavioral conduct action by the college upon violation of either of the student codes of conduct. Students enrolled with partnering agencies are also susceptible to the codes of conduct of those agencies. Partnering agencies may choose to involve members of the SPCC administration to resolve a violation of the SPCC Student Code of Behavioral Conduct and/or a student violation of the partnering agency’s code.
A SPCC student club/organization is expected to abide by college policies and is subject to conduct action by the college upon violation of the Student Code of Behavioral Conduct.
The Vice President of Academic Affairs/CAO, or designee, has the primary responsibility and general authority for the administration of the Student Code of Academic Conduct.
The Vice President of Student Services, or designee, has primary responsibility and general authority for the administration of the Student Code of Behavioral Conduct.
Alleged acts that may constitute violations of the college’s Sex Discrimination and Harassment (Title IX) Policy or any other polices referencing discrimination will be the responsibility of the Director of Student Wellness and Advocacy/Title IX Coordinator.
The student conduct process may be initiated in response to a student’s or student club’s/ organization’s behavior which allegedly violates the Student Code of Behavioral Conduct. Determinations made or conduct outcomes imposed under this Student Code of Behavioral Conduct shall not be subject to change because criminal or civil charges arising out of the same fact pattern were dismissed, reduced, or resolved in favor of or against the student.
The student codes of conduct shall be reviewed every year under the Vice President of Student Services. Failure to conduct this review shall not invalidate any portion of the student codes of conduct.
If a student club/organization is accused of violating the Student Code of Behavioral Conduct, the processes outlined in this document will be utilized to determine if a club/organization is responsible or not responsible. The club’s/organization’s actions will be assessed to determine the club/organization’s role in:
1. Negligently allowing behavior. The club/organization did not follow policies and procedures which could have prevented the violation of the Student Code of Behavioral Conduct.
2. Condoning behavior. The student club/organization did not take steps to prevent the behavior that violates the Student Code of Behavioral Conduct.
3. Facilitating behavior. The student club/organization coordinated or was an active player in the violation of the Student Code of Behavioral Conduct.
The student codes of conduct shall apply to a student’s or student club’s/organization’s behavior which takes place in the following areas or situations:
1. College premises
2. College-sponsored activities away from the college premises
3. Events/functions whether officially approved or considered by a reasonable person to be hosted by a student club/organization
The Student Code of Behavioral Conduct shall apply to a student’s or club’s/organization’s behavior wherever it occurs in any of the following circumstances:
1. Threatening and/or committing physical violence against another person (assault, assault and battery, assault with a dangerous weapon, or harassment)
2. Participating in harassment of any SPCC member to include students, faculty, staff, guests
3. When there is substantial information that the student’s or student club’s/organization’s continued presence at the college is potentially dangerous to the health, safety, and/or property of the college community, whether public authorities have brought charges or imposed penalties or not
4. Furnishing false information to the college
5. Forgery, alteration, or misuse of college documents, records, or identification cards for non-academic purposes
6. Violation of a previously issued no contact directive
7. When the student’s or student club’s/organization’s behavior adversely affects the college community and/or the pursuit of the college’s mission and values

Student Code of Academic Conduct

In fulfillment of obligations to the college community, each SPCC student is expected to comply with the Student Code of Academic Conduct. Therefore, students are prohibited from engaging in any conduct that materially or adversely affects the educational process including, but not limited to, the following:

Violation of Academic Integrity Policy
1. Cheating is an attempt to use or actual use of unauthorized materials in any format to complete an academic exercise. Cheating also includes the communication of unauthorized information during an academic activity or exercise. Cheating includes but is not limited to, copying another student’s homework, class work, or required project (in part or in whole) and presenting it to the instructor as one’s own work; or giving, receiving, offering, and/or soliciting information on a quiz, test, examination, or other academic exercise.
2. Plagiarism is the copying of any published work such as books, magazines, audiovisual programs, electronic media, and films, or copying the theme or manuscript of another individual.
3. Self-plagiarism is the unauthorized use of one’s own previous work without the express permission of both the instructor to whom the previous work was submitted and the instructor to whom the work currently is being submitted.
4. Fabrication/falsification is an attempt to deceive the instructor in their effort to fairly evaluate an academic exercise.
5. Complicity in academic dishonesty refers to intentionally giving unauthorized assistance to someone else who engages in academic dishonesty.
Violation of program specific guidelines as outlined in program handbooks and distributed materials.

Student Code of Behavioral Conduct

In fulfillment of obligations to the college community, each SPCC student and student club/organization is expected to comply with the Student Code of Behavioral Conduct. Therefore, students are prohibited from engaging in any conduct that materially or adversely affects the educational process including, but not limited to, the following:

Physical abuse, verbal abuse, threats, intimidation, harassment, stalking, coercion, and/or other behavior, which threatens or endangers the health and/or safety of any person.
Disrespectful behavior toward faculty, staff, students, external partners.
Hate speech, libel, or slander or any other communication or expression designed to incite violence.
Social media posts (private and public) which negatively impact the college, students, faculty, staff, and external partners.
Trespass, which includes unauthorized entry into any office or building or other college property on college premises.
Vandalism, malicious or negligent destruction, damage, or misuse of college or public property on college premises.
Theft, larceny, or embezzlement of the property of another person, the college, or another entity.
Occupation or seizure in any manner of college property, a college facility, or any portion thereof for use inconsistent with prescribed, customary, or authorized use.
Unauthorized use of college computer facilities and/or resources including but not limited to copyright infringement and misuse of accounts.
Disruption of and/or interference with college academic or administrative activities and/or unauthorized occupation of facilities on college premises.
Engaging in conduct, activity, or behavior that is disruptive to physical or virtual classroom instruction to include, but not limited to, social media, cell phone use, etc.
Intentional setting off a fire alarm, using or tampering with any safety equipment on college premises or at college-sponsored events.
Conduct that is disorderly, lewd, or indecent, on physical or virtual college premises or at college-sponsored functions; breach of peace or aiding, abetting, or procuring another person to breach the breach peace. (This regulation does not prohibit peaceful assembly.)
Misconduct of a sexual nature that does not meet Title IX definitions.
Mental or physical abuse of any person on physical or virtual college premises or at college-sponsored events including verbal or physical actions, which threaten or endanger an individual’s health or safety.
Intentional obstruction or disruption of teaching, administration, or other college activities, including public service functions and other duly authorized activities on college premises or at college-sponsored events.
Violation of the Drug and Alcohol Policy
1. Manufacture, sale, use, distribution, or possession of and/or driving under the influence of narcotics, barbiturates, amphetamines, marijuana, sedatives, tranquilizers, hallucinogens, and/or other similar known drugs and/or drug paraphernalia and/or other chemicals.
2. Public intoxication, and/or manufacture, sale, misuse, distribution, possession of alcoholic beverages or liquors.
Illegal or unauthorized possession of firearms, explosives, other weapons, or dangerous chemicals in a manner that harms, threatens, or causes fear to others.
Smoking, vaping, e-cigarettes and/or other forms of tobacco products on college premises or at college-sponsored events.
Violation of college regulations regarding the operation and parking of motor vehicles.
Forgery, alteration, or misuse of college documents, records, or instruments of identification with intent to deceive.
Fiscal irresponsibility such as failure to pay college-levied fines, or the passing of worthless check to college officials.
Violation of a local, state, or federal criminal law on college premises adversely affecting student’s pursuit of their proper educational purposes.
Abuse of the Student Code of Behavioral Conduct including:
1. Intentionally initiating or causing to be initiated any false report or complaint.
2. Attempting to coerce or discourage an individual’s participation in or use of student conduct procedures.
3. Intentional obstruction or disruption of disciplinary proceedings.
4. Attempting to influence the impartiality of a student conduct procedure.
5. Verbal and/or physical intimidation and/or retaliation of any party to student conduct proceedings prior to, during, and/or afterwards.
6. Committing a violation of college policy while on conduct probation and/or failing to meet deadlines imposed in accordance with college policy.
7. Influencing or attempting to influence another person to abuse the Student Code of Behavioral Conduct procedures.
8. Failing to abide by any conduct outcome as assigned through the Student Code of Behavioral Conduct procedures.

These Student Codes of Conduct are not all inclusive. Other conduct that is disruptive or does not follow proper procedure may be subject to appropriate sanctions.

Student Code of Academic Conduct Procedure and Appeals

Academic Integrity Procedure

It is the student’s responsibility to learn more about how to avoid academic dishonesty. If upon investigation the instructor determines there is an academic integrity violation, the student will be held accountable as stated below:

The instructor, after consulting with their supervisor, will notify the student in writing of the details of the academic integrity violation, which may include a formal warning, a reduced grade on an assignment, or a reduced grade in the course.
The instructor will send the student’s name along with detailed evidence and documentation of the violation to their supervisor, Dean, and the Student Services Administrative Assistant to be added to the student’s permanent academic record.
The Student Services Administrative Assistant will notify the appropriate Dean if there are previous documented offenses in the student’s file. The Dean will determine the disciplinary action for the violation. Sanctions range from the minimum of a reprimand to a maximum of suspension depending on the severity and number of violations.
The Dean will notify the student in writing electronically of the disciplinary action for the violation. Notification will be sent to the student’s college email address. A copy of the disciplinary action letter will be emailed to the Vice President of Academic Affairs/CAO, and the Student Services Administrative Assistant to be added to the student’s permanent academic record.

Academic Integrity Appeal Procedure

Students may appeal the academic integrity violation and/or the disciplinary action resulting from the violation, if the reason for the appeal meets one of the following: policy and/or procedure were not followed or procedural irregularity that affected the outcome; sanction too sever for the charge; evidence of a conflict of interest or bias that affected the outcome; or, new evidence that was not reasonably available at the time of the determination that could affect the outcome. Student should appeal using the procedure below. Failure to follow the procedure will result in forfeiture of the appeal. Students needing assistance in navigating the appeal procedure should contact the Director of Student Wellness and Advocacy for guidance. Once the appeal is received, the appeal is reviewed by the Vice President of Student Services to ensure the reason for the appeal meets the criteria for an appeal. Requests that do not meet the criteria for an appeal may be denied without input from the Student Appeals Team. Requests that meet the criteria for an appeal are forwarded to the Student Appeals Team for a hearing.

A formal appeal of the academic integrity violation and/or the disciplinary action must be received within five (5) business days after the notification to the student of the violation. This appeal may be submitted through the Formal Academic Integrity Appeal form found here and also located on the www.spcc.edu website under Student Panel/Appeal Forms. This form must be completed in its entirety. All documentation supporting the reason for the appeal, including emails, any corrective action being requested, etc., must be attached to the appeal form. Incomplete or insufficient documentation will forfeit the appeals process. (Students needing assistance with completing the form may contact the Director of Student Wellness and Advocacy.) The student will receive notification of receipt of the appeal.
Within ten (10) business days of receipt of the appeal, the Student Appeals Team will review the appeal through a hearing. The student and the instructor will be notified of the date, time, and location of the hearing, whether to be held in person (on campus), by conference call (on the phone), or virtually (video conferencing with a call-in option). Both parties may present pertinent information. At the discretion of the Student Appeals Team, other pertinent individuals may be contacted for additional information, either in person, by conference call, or virtually.
1. The appeal meeting is a conflict resolution and not a judicial proceeding. The student may not record this meeting but may take notes.
The Vice President of Academic Affairs/CAO will notify the student (by student SPCC email) and the instructor (by SPCC email) of the decision on the appeal within five (5) business days after the review. The decision of the Student Appeals Team will be final.

The Student Appeals Team is a standing team appointed by the Vice President of Academic Affairs/CAO and will consist of five (5) voting members to include representatives from faculty, staff, and the student body. (The student representative will be selected from a pool of student leaders within the college.).

Violation of Program Specific Guidelines: Program Dismissal Appeal Procedure

Students who have been dismissed from an academic program due to reasons other than charges of a violation of academic integrity and a final grade may appeal, if the appeal meets one of the following: policy and/or procedure were not followed or procedural irregularity that affected the outcome; sanction too severe for the charge; evidence of a conflict of interest or bias that affected the outcome; or, new evidence that was not reasonably available at the time of the determination that could affect the outcome. Students should appeal using the procedure below. Failure to follow the procedure will result in forfeiture of the appeal. Students needing assistance in navigating the appeal procedure should contact the Director of Student Wellness and Advocacy for guidance. Once the appeal is received, the appeal is reviewed by the Vice President of Student Services to ensure the reason for the appeal meets the criteria for an appeal. Requests that do not meet the criteria for an appeal may be denied without input from the Student Appeals Team. Requests that meet the criteria for an appeal are forwarded to the Student Appeals Team for a hearing.

A formal appeal of the program dismissal must be received within three (3) business days after the dismissal. This appeal must be submitted through the Formal Appeal for Program Dismissal form found here and also located on the www.spcc.edu website under Student Panel/Appeal Forms. This form must be completed in its entirety. All documentation supporting the reason for the appeal, including emails, any corrective action being requested, etc., must be attached to the appeal form. Incomplete or insufficient documentation will forfeit the appeal process. (Students needing assistance with completing the form may contact the Director of Student Wellness and Advocacy.) The student will receive notification of receipt of the appeal.
1. Upon the receipt of the appeal, the student will be placed on the status of dismissal pending. While in this status, the student may not attend any program activities (classroom, clinical, lab or club activities).
Within three (3) business days of the receipt of the appeal, the Student Appeals Team will review the appeal. The student and the instructor will be notified of the date, time, and location of the hearing. The location may be in person (on campus), by conference call (on the phone), or virtually (video conferencing with a call-in option). Both parties may present pertinent information. At the discretion of the Student Appeals Team, other pertinent individuals may be contacted for additional information, either in person, by conference call, or virtually.
1. The appeal meeting is a conflict resolution and not a judicial proceeding. The student may not record this meeting but may take notes.
The Vice President of Academic Affairs/CAO will notify the student (by student SPCC email) and the instructor (by SPCC email) of the decision on the appeal within three (3) business days after the review. The decision of the Student Appeals Team is final.

Student Code of Behavioral Conduct Procedures and Appeals

Disciplinary Procedures:

Any administrative official, faculty member, or student may file charges, by submitting a written statement, with the Vice President of Student Services, against any student or student club/organization for violations of college regulations. The individual(s) making the charge should include in the written statement:
1. Name of student(s) involved
2. Specific conduct in question
3. Description of the incident(s), including the time, place, and date of the incident(s)
4. Any action taken that relates to the matter
5. Desired solution(s)
Within ten (10) working days after the charge is filed, the Director of Student Wellness and Advocacy, in conjunction with the Director of Safety (or designee), shall complete a preliminary investigation of the charge, which shall include a conference with the student(s). Conferences may be held in person, over the phone or virtually. During the conference with the Director of Student Wellness and Advocacy and the Director of Safety (or designee), the student shall be confronted with the evidence against them and shall be given the opportunity to respond.
In instances where the student cannot be reached to schedule an appointment with the Director of Student Wellness and Advocacy or where the student refuses to cooperate, the Vice President of Student Services shall send a certified letter to the student’s last known address, which shall inform the student of the charges, the results of the preliminary investigation, the Vice President of Student Services decision, and the information pertaining to the appeals process.
In instances where the student can be reached to schedule an appointment with the Director of Student Wellness and Advocacy and a preliminary investigation has been held and within ten (10) working days after the charge is filed, the Vice President of Student Services shall send the student a decision by SPCC email and/or by U.S. postal mail, return receipt requested. The decision shall include a statement of the Vice President of Student Services determination of whether the student violated the Student Code of Behavioral Conduct.
1. If the determination is that the student has violated the Student Code of Behavioral Conduct, the decision shall include:
  1. Statement of the specific provision(s) of the Student Code of Behavioral Conduct that has been violated.
  2. Statement of sanctions imposed.
  3. Statement of the student’s right to appeal the decision.
  4. Instructions governing the appeals process.
2. If the Vice President of Student Services determines that the student did not violate a provision of the Student Code of Behavioral Conduct, then the decision shall state that the charge has been dismissed.
3. The Vice President of Student Services shall send a copy of the statement of the charge and the decision, via SPCC email accounts, to the student, the Director of Student Wellness and Advocacy, the Director of Safety, and the Vice President of Academic Affairs/Chief Academic Officer (CAO).

Sanctions:

Reprimand: A written communication which gives official notice to the student that they have violated the Student Code of Behavioral Conduct, and any subsequent violation of the Student Code of Behavioral Conduct may carry heavier penalties because of this infraction.
General Probation: An individual may be placed on General Probation when involved in a minor disciplinary offense. General Probation has two (2) important implications: (1) the individual is given a chance to show their capability and willingness to observe the Student Code of Behavioral Conduct without further penalty; and (2) if they err again, the additional sanction will be imposed for this violation. This probation will be in effect for no more than two (2) semesters.
Restrictive Probation: Restrictive Probation results in loss of good standing, and notation of such is made in the student’s record. Restrictive conditions may limit activity in the physical and virtual South Piedmont Community College community. Generally, the individual will not be eligible for initiation into any local or national organization and may not receive any college award or other honorary recognition. The student may not occupy a position of leadership or responsibility with any college or student club/organization, publication, or activity. This probation will be in effect for not less than two (2) semesters. Any violation of Restrictive Probation may result in immediate suspension.
Program Dismissal: Dismissing a student from an academic program (credit or non-credit) in which the student loses status in that program. A student may or may not be dismissed from the college. Students may apply to the program for a future semester, however, application does not guarantee acceptance into the program. The student must meet all admissions criteria and expectation of the program.
Restitution: Paying for damaging, misusing, destroying, or losing property belonging to South Piedmont Community College, college personnel, or students.
Emergency Suspension: Exclusion from class and/or other privileges or activities as set forth in the notice, until a final decision has been made concerning the alleged allegations.
Loss of Academic Credit or Grade: Imposed as a result of academic dishonesty (Determined by the Academic Dean or the Student Appeals Team)
Withholding diploma or right to register: Imposed when financial obligations have not been met.
Suspension: Exclusion from class(es) and/or all other privileges or activities of South Piedmont Community College for a specific period of time. This sanction is reserved for those offenses warranting discipline more severe than probation, or for repeated misconduct. Students who receive this sanction must get specific written permission from the Vice President of Student Services before returning to campus.
Expulsion: Dismissing a student from campus for an indefinite period. The student loses their student status. The student may be readmitted to South Piedmont Community College only with the approval of the Vice President of Academic Affairs/CAO.
Group Probation: This is given to a college club/organization for a specific period of time. If group violations are repeated during the term of the probation, the charter may be revoked or activities restricted.
Group Restriction: Removing college recognition during the term in which the offense occurred or for a longer period (usually not more than one additional semester). While under restriction, the group may not seek or add members, hold or sponsor events in the physical or virtual college community, or engage in other activities as specified.
Group Charter Revocation: Removal of college recognition for a club/organization for a minimum of two (2) years. Re-charter after that time must be approved by the Vice President of Student Services.

Appeals Procedure:

Students who have been charged with violating the Student Behavioral Code of Conduct and have been issued a sanction may appeal using the procedure below. Failure to follow the procedure will result in forfeiture of the appeal. Students needing assistance in navigating the appeal procedure should contact the Student Services Administrative Assistant for guidance. Once the appeal is received, the appeal will be reviewed by the Vice President of Academic Affairs/CAO to ensure the reason for the appeal meets the criteria for an appeal. Requests that do not meet the criteria for an appeal may be denied without input from the Student Appeals Team. Requests that meet the criteria for an appeal are forwarded to the Student Appeals Team for a hearing.

A student may submit a formal appeal of the Code of Behavioral Conduct violation if the appeal meets one or more of the following: (1) the sanction issued by the Vice President of Student Servicesis too severe for the charge, (2) the Vice President of Student Services did not follow published policy and procedures, or (3) there is evidence of a conflict of interest. The appeal must be received within five (5) business days after notification to the student of the violation and/or sanction. This appeal must be submitted through the Formal Student Code of Conduct Violation Appeal form found here and also on the www.spcc.edu website under Student Panel/Appeal Forms. This form must be completed in its entirety. All documentation supporting the reason for the appeal, including emails, any corrective action being requested, etc., must be attached to the appeal form. The request for a hearing must also be attached and include those faculty and/or staff to whom the student objects and the reasons why the student objects to those persons reviewing the charges against them. Incomplete or insufficient documentation will forfeit the appeals process. (Students needing assistance with completing the form may contact the Student Services Administrative Assistant.) The student will receive notification of receipt of the appeal. The hearing will be held in person (on campus), by conference call (on the phone), or virtually (video conferencing with call-in option).
Within ten (10) business days after receiving the request for a hearing, the Student Appeals Team will review the appeal. The student and the Vice President of Student Services will be notified of the date, time, and location of the hearing, whether it will be in person, by conference call, or virtually. Both parties may present pertinent information. At the discretion of the Student Appeals Team, other pertinent individuals may be contacted for additional information, either in person, by conference call, or virtually.
1. The Student Appeals Team meeting is a conflict resolution and not a judicial proceeding. The student may not record this meeting but may take notes.
2. Minors, under the age of 18, may be accompanied by one parent/legal guardian. The parent/legal guardian may not be active in the meeting discussions.
During the preliminary hearing:
1. The Vice President of Student Services shall provide the team and the student with a written statement of charges against the student.
2. The team shall set a date and time for the hearing, no later than five (5) business days from the date of the preliminary hearing.
3. The team shall provide the student with a statement of their basic procedural rights.
4. The Vice President of Student Services and the student shall exchange any documents they expect to present to the Student Appeals Team.
5. The Vice President of Student Services and the student shall provide names and contact information (email, phone number, mailing address) of their witness(es) to the team, and only to the team. Witness(es) contact information should not be shared with the Associate Vice President nor with the student.
6. The student shall provide the team with a current address and phone number.
7. Members of the team shall inform the parties of any facts that could reasonably affect their ability to give the parties a fair hearing. If either party objects to the continued service of such member or any member of the team concurs in that objection, then such member shall resign from the team. Within one (1) business day, the Vice President of Academic Affairs/CAO shall appoint a new member to the team. The new team member shall be subject to the same qualifications and obligations as the original team members.
The Student Appeals Team shall guarantee the student the following basic procedural rights (due process):
1. The right to specific written notice of the charges.
2. The right to present relevant evidences and witnesses in their defense.
3. The right to a hearing before an impartial Student Appeals Team.
The hearing before the Student Appeals Team shall be confidential and shall be closed to all persons except the following:
1. The student, the Vice President of Student Services, and witness(es).
  1. All witnesses shall give testimony singularly and in the absence of other witnesses; and
  2. All witnesses shall leave the team meeting room immediately upon completion of their testimony.
2. The hearing will be recorded. Recordings will become the property of South Piedmont Community College, and the Vice President of Academic Affairs/CAO will determine access to them. All recordings will be filed in the office of the Vice President of Academic Affairs/CAO.
3. The team shall have the authority to adopt supplementary rules of procedure consistent with this policy.
4. The team shall have the authority to render written advisory opinions concerning the meaning and application of this policy.
5. Within two (2) days of completion of a hearing, the team shall meet in executive session to decide whether there has been a violation of a Student Code of Behavioral Conduct; and if so, to recommend sanctions.
6. Decisions of the team shall be based upon a preponderance of the evidence as determined by a majority of the team.
7. The decision of the team shall be in writing and contain at least:
  1. A statement of the specific provision of the Student Code of Behavioral Conduct that the student violated and a description of the facts supporting that conclusion; and
  2. A statement of the sanction which may or may not be greater than the sanction imposed by the Associate Vice President of Student Affairs; or
  3. A statement that the charges were not proven by a preponderance of the evidence.
8. The Vice President of Academic Affairs/CAO will notify the student (by the student’s SPCC email) and the Vice President of Student Services (by SPCC email) of the decision on the appeal within five (5) business days after the review.
9. The decision of the Student Appeals Team shall be final, unless (1) there is evidence the team did not follow published policy or procedure or (2) there is evidence the team presented a conflict of interest. Should this evidence be presented, the Vice President of Academic Affairs/CAO will review all documentation presented and render a final decision.

Title IX (Sex Discrimination and Harassment)

The U.S. Department of Education’s Office of Civil Rights (OCR) enforces Title IX of the Education Amendments of 1972 that protects people from discrimination based on sex in education programs or activities that receive federal financial assistance. Title IX states, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

South Piedmont Community College (South Piedmont) prohibits discrimination and harassment on the basis of sex and strongly encourages the prompt reporting of, and is committed to timely and fair resolution of, complaints of sex discrimination and harassment. Sexual harassment as defined by Title IX includes Sexual Assault, Dating Violence, Domestic Violence, and Stalking. South Piedmont addresses complaints of Title IX using its Title IX Sexual Harassment Grievance Procedures on our website at www.spcc.edu under Students, Title IX.

The college encourages students to immediately report any instances of Title IX. To report a Title IX complaint, use the Title IX Sex Discrimination and Sexual Harassment form, which can also be found at www.spcc.edu under Student Panel, Reporting Forms, Title IX Sex Discrimination and Sexual Harassment.

South Piedmont will take appropriate measures to investigate all reported incidents, provide supportive measures, protect against retaliatory acts, and follow established procedures for resolution.

Contact Information for the College’s Title IX Coordinators:

Elaine Clodfelter, Title IX Coordinator
titleix@spcc.edu
Lauren Sellers, Deputy Title IX Coordinator
titleix@spcc.edu

Title IX Sexual Harassment Procedure

The College strives to make its campuses inclusive and a safe and welcoming learning environment for all members of the college community. Pursuant to multiple federal and state laws and administrative regulations and pursuant to college policy, the College is committed to providing an educational and employment environment that is free from discrimination based on protected characteristics, harassment, and retaliation for engaging in protected activity.

Title IX is a comprehensive federal law that prohibits discrimination on the basis of sex in any federally funded education program or activity. Under Title IX, discrimination on the basis of sex includes quid pro quo harassment; sexual harassment; and sexual assault, stalking, dating or domestic violence (collectively referred to as “sexual harassment”), pregnancy and related conditions. The College’s Title IX Coordinator has oversight responsibility for handling sexual harassment complaints and for identifying and addressing any patterns and/or systemic problems involving sexual discrimination or harassment.

All allegations involving sexual harassment should be directed to the College’s Title IX Coordinator and addressed under these procedures. For other complaints of discrimination and harassment not related to sexual harassment, refer to Discrimination and Harassment Procedure.

I. DEFINITIONS

The following definitions shall apply to this procedure. The definitions are not intended to operate as speech codes, promote content and viewpoint discrimination or suppress minority viewpoints in the academic setting. Indeed, just because a person’s speech or expression is deemed offensive by others does not mean it constitutes discrimination or harassment.

A. Complainant - an individual who is alleged to have been subjected to conduct that could constitute Sexual Harassment, as defined in these Procedures, and who was participating or attempting to participate in the College’s education program or activity at the time of the alleged Sexual Harassment.

B. Confidential Employees - 1) employees whom the College has specifically designated as Confidential Employees for purposes of providing support and resources to a Complainant; and 2) employees conducting human subjects research as part of a study approved by the College’s Institutional Review Board. The College has designated the following as Confidential Employees: South Piedmont Counselors.

C. Consent - knowing, voluntary, and clean permission by word or action to engage in sexual activity. Consent is evaluated from the perspective of what a reasonable person would conclude are mutually understandable words or actions. Reasonable reciprocation can establish consent. Consent to some sexual contact (such as kissing or fondling) cannot be assumed to be consent for other sexual activity (such as intercourse). A current or previous intimate relationship is not sufficient to constitute consent.

Consent has not been obtained in situations where the individual: i) is forced, coerced, pressured, manipulated or has reasonable fear that they will be injured if they do not submit to the act; ii) is incapable of giving consent or is prevented from resisting due to physical or mental incapacity (including being under the influence of drugs or alcohol); or iii) has a mental or physical disability which inhibits their ability to give consent to sexual activity.

D. Dating Violence - violence on the basis of sex committed by a person who is or has been in a social relationship of a romantic or intimate nature with the Complainant. For purposes of this definition, Dating Violence includes but is not limited to sexual or physical abuse or the threat of such abuse.

E. Domestic Violence - violence on the basis of sex committed by a current or former spouse or intimate partner of the Complainant; by a person with whom the Complainant shares a child in common; by a person with whom the Complainant cohabitates or has cohabitated as a spouse or intimate partner; by a person similarly situated to a spouse of the Complainant under the domestic violence laws of the State; or by any other person against an adult or youth Complainant who is protected from that person’s acts under the domestic violence laws of the State.

F. Education Program or Activity - for purposes of these Procedures, this means any locations, events, or circumstances in which the College exercises substantial control over both the Respondent(s) and the context in which the alleged sexual harassment occurs.

G. Formal Complaint - a verbal or written report alleging sexual harassment against a Respondent that objectively can be understood as a request for the College to investigate the allegation(s) and make a policy violation determination. A Formal Complaint initiates a formal grievance process in which parties are entitled to due process protections. A Formal Complaint is separate and distinct from a Report, which provides only notice to the College of an allegation or concern about sexual harassment and provides an opportunity for the Title IX Coordinator to provide information, resources, and supportive measures.

H. Informal Resolution - a resolution reached regarding an allegation of sexual harassment without going through the entire formal grievance process. Informal Resolution may include mediation, facilitated dialogue, conflict coaching, restorative justice, or other models of alternative dispute resolution. Informal Resolution cannot be used for a student’s allegation of sexual harassment against a college employee.

I. Pregnancy/Pregnancy Related Conditions - pregnancy, childbirth, termination of pregnancy, or lactation, ed medical conditions, recovery

J. Report - notice to the College of an allegation or concern about sexual harassment that provides an opportunity for the Title IX Coordinator to provide information, resources, and supportive measures. When the College receives a report of alleged sexual harassment, the College is deemed to have knowledge of conduct that reasonably may constitute sexual harassment.

K. Respondent - an individual who has been reported to engage in conduct that could constitute Sexual Harassment.

L. Retaliation - to intimidate, threaten, coerce, or discriminate against any person by the College, a student, employee, or a person authorized by the College to provide aid, benefit, or service under the College’s education program or activity, for the purpose of interfering with any right or privilege secured by law or policy, or because the person has made a report or complaint, testified, assisted, participated, or refused to participate in any manner in an investigation, proceeding, or hearing under these Procedures.

The exercise of rights protected by the First Amendment does not constitute retaliation. It is also not retaliation for the College to pursue policy violations against those who make materially false statements in bad faith in the course of a resolution under these Procedures.

M. CriminalSexual Contact - an offense that meets the definition of rape, fondling, incest, or statutory rape as used in the FBI’s Uniform Crime Reporting system.

N. Sexual Harassment - a form of sex discrimination that means harassment on the basis of sex. Sexual Harassment includes hostile environment harassment; quid pro quo harassment; or any instance of sexual assault, dating violence, domestic violence, or stalking.

Hostile environment harassment is unwelcome sex-based conduct, which based on the totality of the circumstances, is subjectively and objectively offensive and is so severe or pervasive that it limits or denies a person’s ability to participate in or benefit from the College’s education program or activity.

Hostile environment harassment is a fact-specific inquiry that includes consideration of the degree to which the conduct affected the Complainant’s ability to access the College’s education program or activity; the type, frequency, and duration of the conduct; the parties’ ages, roles, previous interactions, and other factors that may be relevant; the location of the conduct and the context in which the conduct occurred; and any other sexual harassment in the College’s education program or activity.

Quid pro quo harassment is when a college employee or agent who provides an aid, benefit, or service under the College’s education program or activity and explicitly or impliedly conditions the provision of such aid, benefit, or service on a person’s participation in unwelcome sexual conduct.

O. Stalking - engaging in a course of conduct on the basis of sex, directed at the Complainant, which would cause a reasonable person to fear for their safety or the safety of others or suffer substantial emotional distress.

For purposes of this definition, “course of conduct” means two or more acts, including but not limited to acts in which the Respondent directly, indirectly, or through third parties, by any action, method, device, or means, follows, monitors, observes, surveils, threatens, or communicates to or about a person, or interferes with a person’s property.

P. Standard of Evidence - the College uses “preponderance of the evidence” as the standard for proof of whether a violation of this policy has occurred. In the student due process hearing and employee grievance process, legal terms like “guilt”, “innocence” and “burden of proof” are not applicable. Student and employee due process hearings are conducted to take into account the totality of all evidence available from all relevant sources. The College will find the Respondent either “responsible” or “not responsible” for violating these Procedures.

Q. Supportive Measures - individualized services reasonably available that are non-punitive, non-disciplinary, and not unreasonably burdensome to the other party that are offered to restore or preserve educational access, protect safety, or deter sexual harassment. Examples of support measures are referral to counseling, medical, or other healthcare services; extensions of deadlines or other course-related adjustments; modifications of work or class schedules; campus escort services; mutual restrictions on contact between the parties; leaves of absences; increased security and monitoring of certain areas of the College; and other similar measures.

R. Title IX Coordinator - for purposes of these Procedures, the Title IX Coordinator refers to Elaine Clodfelter. The Title IX Coordinator’s office is in Main 3129 at the OCH Campus and Garibaldi 213 at the LLP Campus. The phone number is 704-272-5302 and the email is eclodfelter@spcc.edu. The Deputy Title IX Coordinator refers to Lauren Sellers. The Deputy Title IX Coordinator’s office is in Building A 1512 at the OCH Campus and Garibaldi 232 at the LLP Campus. The phone number is 704-272-5335 and the email is lsellers@spcc.edu.

II. SCOPE AND APPLICABILITY

A. These Procedures apply to the conduct of and protect:

1. College students and applicants for admission into the College;

2. College employees and applicants for employment;

3. College student organizations; and

4. Third parties participating or attempting to participate in a College education program or activity.

B. These Procedures apply to conduct that occurs in any College Education Program or Activity or under circumstances where the College has disciplinary authority and of which the College has knowledge.

C. When a party is participating in a dual enrollment program (Career and College Promise [CCP] or Early College), the College will coordinate with the party’s school district to determine jurisdiction and coordinate providing supportive measures based on the allegations and identities of the parties.

III. REPORTING

A. Reporting to Local Law Enforcement

Individuals may report sexual harassment directly to local law enforcement agencies by dialing 911. Individuals who make a criminal allegation may also choose to pursue the College’s grievance procedure simultaneously. A criminal investigation into the matter does not release the College from its obligation to conduct its own investigation (nor is a criminal investigation determinative of whether sexual harassment has occurred). However, the College’s investigation may be delayed temporarily while the criminal investigators are gathering evidence. In the event of such a delay, the College must make available supportive measures when necessary to protect the parties and/or the college community.

Individuals may choose not to report alleged sexual harassment to law enforcement authorities. The College respects and supports individuals’ decisions regarding reporting; nevertheless, the College may notify appropriate law enforcement authorities if legally required or warranted by the nature of the allegations.

B. Reporting to College Officials

The College’s Title IX Coordinator oversees compliance with these Procedures and Title IX regulations. Questions about these Procedures should be directed to the Title IX Coordinator. Anyone wishing to make a report relating to sexual harassment may do so by reporting the concern to the College’s Title IX Coordinator in person, by mail, by telephone, by email, or by any other means that results in the Title IX Coordinator receiving the person’s verbal or written report of alleged sexual harassment.

C. Employees’ Mandatory Reporting

All college employees, including student-employees, other than those deemed Confidential Employees, are Mandated Reporters and are expected to promptly report all known details of actual or suspected sexual harassment to appropriate officials immediately. Failure of a Mandated Reporter to report an incident of sexual harassment of which they become aware is a violation of college policy and may subject the employee to disciplinary action.

D. Confidential Employees’ Reporting

Confidential Employees designated by the College are not required to report actual or suspected sexual harassment. Confidential Employees must, however, provide a Complainant with the Title IX Coordinator’s contact information and offer options and resources without any obligation to inform an outside agency unless otherwise required by law.

E. External Contact Information

Concerns about the College’s application of these procedures and compliance with certain federal civil rights laws may be addressed to:

Office for Civil Rights (OCR)

U.S. Department of Education

400 Maryland Avenue, SW

Washington, D.C. 20202-1100

Email: OCR@ed.gov

Phone: (202) 453-6012

Equal Employment Opportunity Commission (EEOC)

131 M Street, NE

Washington, D.C. 20507

Email: info@eeoc.gov

Phone: 1-800-669-4000

IV. GRIEVANCE PROCEDURES

A. Scope

1. Use of these grievance procedures applies to reports alleging sexual harassment carried out by employees, students, or third parties.

2. All reports of sexual harassment are taken seriously. At the same time, those accused of sexual harassment are presumed “not responsible” throughout this grievance procedure.

B. Initial College Response and Assessment

1. After receiving a report of sexual harassment, the Title IX Coordinator takes prompt and appropriate steps to:

Communicate with the individual who reported the alleged conduct;
Offer and implement supportive measures to eliminate and prevent the recurrence of sex harassment, deter retaliation, remedy the effects of sex harassment, and provide due process rights during a college investigation;
Provide the individual with a copy of this Policy and Procedure; and
Determine whether the alleged conduct, as described by the reporting party, falls within the scope of this policy and if so, initiate the investigation and resolution procedures outlined below.
The Title IX Coordinator may delegate the authority to take some or all of these steps to a Deputy Title IX Coordinator.

2. Supportive Measures

Any Party may seek modification or reversal of the College’s decision to provide, deny, modify, or terminate supportive measures applicable to the Party. A request to do so should be made in writing to the Title IX Coordinator.
An impartial employee who has authority to modify or reverse the decision will determine whether to provide, deny, modify, or terminate the supportive measures if they are inconsistent with the definition of supportive measures as defined in this Procedure.
The College will also provide the Parties with the opportunity to seek additional modification or termination of supportive measures applicable to them if circumstances materially change.

3. There is no time limitation on providing a Formal Complaint to the Title IX Coordinator. However, if the Respondent is no longer subject to the College’s jurisdiction and/or significant time has passed, the ability to investigate, respond, and/or provide remedies may be more limited or impossible.

4. False Allegations and Evidence

Deliberately false and/or malicious accusations under this policy or procedure are a serious offense and will be subject to appropriate disciplinary action. This does not include allegations that are made in good faith but are ultimately shown to be erroneous or do not result in a determination of a policy violation.
Witnesses and Parties who knowingly provide false evidence, tamper with or destroy evidence, or deliberately mislead an official conducting an investigation or resolution process can be subject to discipline under appropriate college policies, procedures, and rules.

5. Emergency Removals/Administrative Leave

The College may remove a student Respondent, upon receipt of a report, Formal Complaint, or at any time during the grievance process, on an emergency basis when the College performs an individualized safety and risk analysis and determines that an imminent and serious threat to the health or safety of any student or other individual justifies removal.

The risk analysis is performed by members of the Title IX Team in collaboration with the CARE/BIT Team and must recommend to the appropriate college official to implement or stay an emergency removal of a student and the conditions and duration of such emergency removal.
In all cases in which an emergency removal is imposed, the student shall be given notice and an opportunity to challenge the removal decision immediately following the removal by submitting a written appeal to the President.
Violation of an emergency removal under this Procedure is grounds for independent disciplinary action, up to and including suspension or expulsion.

The College may place an employee on suspension with pay upon receipt of a report, Formal Complaint, or at any time during the grievance process. An employee does not have a right to appeal a determination to place the employee on suspension with pay pending the conclusion of the Title IX grievance procedure. Violation of the terms of the suspension is grounds for independent disciplinary action, up to and including dismissal.

6. The Title IX Coordinator may administratively close a Formal Complaint of sexual harassment at any time if:

The Complainant voluntarily withdraws any or all of the allegations in the Complaint and the Title IX Coordinator declines to initiate a Complaint;
The Respondent is no longer enrolled or employed by the College;
The College is unable to identify the Respondent after taking reasonable steps to do so; or
The College determines the conduct alleged in the Complaint would not constitute a violation of this Policy and Procedure, even if proven.

The Title IX Coordinator will notify the parties if a Formal Complaint of sexual harassment is closed under this section, including the reason(s) for closure, and direct the parties to the appropriate college office or department to resolve the report or complaint. All parties may appeal the Title IX Coordinator’s dismissal of a Formal Complaint under this section by using the appeal procedures in Section VI, below.

7. Confidentiality/Privacy

The College makes every effort to preserve the Parties’ privacy. The College will not share the identity of any individual who has made a report of sexual harassment, any Complainant, any individual who has been reported to be the perpetrator of sexual harassment, any Respondent, or any witness, except as permitted or required by or to fulfill the purposes of applicable laws and regulations.
Parties and Advisors are prohibited from unauthorized disclosure of information obtained by the College through these procedures to the extent that information is the work product of the College, meaning it has been produced, compiled, or written by the College for purposes of its investigation and resolution of a Formal Complaint. It is also a violation of these procedures to publicly disclose institutional work product that contains a Party or witness’s personally identifiable information without authorization or consent.

8. Regardless of when alleged sexual harassment is reported, a Complainant must be participating in or attempting to participate in the College’s education program or activity for a Formal Complaint to be investigated.

9. Consolidation

The College may consolidate complaints of sexual harassment against more than one Respondent, or by more than one Complainant against one or more Respondents, or by one party against another party, when the allegations of sexual harassment arise out of the same facts or circumstances.

C. Informal Resolution

Any party may request the College facilitate an informal resolution to a sexual harassment complaint at any time prior to a final determination. The Title IX Coordinator may offer the parties the opportunity for informal resolution, too.

Upon a request for informal resolution, the Title IX Coordinator determines whether informal resolution is appropriate based on the facts and circumstances of the case. The Title IX Coordinator ensures that any proposed informal resolution is consistent with the College’s obligations to prevent and redress sexual harassment.
A student’s allegations of sexual harassment against a College employee are not eligible for informal resolution.
The Title IX Coordinator provides the parties with written notice of proceeding with an informal resolution, including the allegations of sexual harassment, the requirements of the informal resolution process, the potential terms that may be requested or offered in informal resolution, and what information the College will maintain, including any potential disclosures of information.
The Title IX Coordinator also designates an independent, neutral person to facilitate the informal resolution, which could be the Title IX Coordinator.

Informal resolution is voluntary.

The Complainant and Respondent must provide written consent for informal resolution to take place.
Any party has a right to end the informal resolution process at any time prior to agreeing to a resolution and begin or continue the formal investigation and grievance process.

Informal resolution concludes the matter only when all parties have signed a written agreement that confirms resolution of the allegations.

The resolution agreement must include a waiver of the parties’ right to have a formal grievance process on the allegations that have been informally resolved.
Parties are prohibited from revoking or appealing a resolution agreement. Should the Respondent violate the terms of an informal resolution agreement, such violation will subject the Respondent to an investigation and the formal grievance process contained in this procedure.

If a resolution agreement is not reached, the College will continue with a formal investigation.

D. Investigations

The goal of a formal investigation is to reach a determination as to whether a Respondent has violated one or more college policies prohibiting sexual harassment and if so, remedy the effects of a violation.

The Title IX Coordinator may include possible violations of other college policies that contributed to, arose from, or are otherwise related to alleged violations of this policy and procedure in the scope of an investigation.
The Title IX Coordinator gives written notice to the Complainant and Respondent of the investigation, providing sufficient details to allow the parties to respond and prepare for initial interviews, including the identity of the parties involved (if known), the conduct alleged to be sexual harassment, the date and location of alleged incidents (if known), the specific policies implicated, a statement that the Respondent is presumed not responsible and a determination of responsibility is made at the conclusion of the process, information regarding the parties’ right to an advisor and the right to review relevant evidence, a statement that retaliation is prohibited, information about the confidentiality of the process, and notice that the College prohibits knowingly making false statements or submitting false information during the grievance process.
The Title IX Coordinator designates an investigator to investigate the allegations of sexual harassment. The Title IX Coordinator may serve as the investigator if the Title IX Coordinator is not serving in another role throughout the grievance process.
The investigator is also the decision-maker as to whether a Respondent has violated one or more College policies prohibiting sexual harassment, unless otherwise determined by the Title IX Coordinator.

Parties to an investigation can expect a prompt, thorough, and equitable investigation of complaints, including the opportunity for parties to ask questions, present witnesses and provide information regarding the allegations.
Parties and witnesses should cooperate in the investigation process to the extent required by law and this policy. If a party or witness chooses not to participate or becomes unresponsive, the College reserves the right to continue its grievance process without their participation to ensure a prompt resolution.
The standard of proof used in investigations is preponderance of the evidence. It is the College’s responsibility to establish the standard of proof and gather evidence during investigations.
The College aims to bring all investigations to a resolution within forty-five (45) days from the date the Title IX Coordinator determines an investigation will commence.

Extensions of timeframe for good cause are allowed, so long as written notice and the reason for the delay is provided to the parties. Good cause includes:

The complexity and/or number of the allegations;
The severity and extent of the alleged misconduct;
The number of parties, witnesses, and other types of evidence involved;
The availability of the parties, witnesses, and evidence;
A request by a party to delay an investigation;
The effect of a concurrent criminal investigation or proceeding;
Intervening holidays, College breaks, or other closures;
Good faith efforts to reach a resolution; or
Other unforeseen circumstances.

Investigations typically include interviews with the Complainant, the Respondent, and any witnesses, and the objective evaluation of any physical, documentary, or other evidence as appropriate and available. The College will give the Complainant and the Respondent written notice of any interview, meeting, or hearing at which a party is invited or expected to participate. This written notice may be via e-mail.
The Title IX Coordinator will inform the Complainant and Respondent at regular intervals of the status of its investigation.
The Parties have an equal opportunity to present witnesses and other evidence tending to prove or disprove the allegations.

Interviews conducted as part of an investigation under this procedure may be recorded by the College. Recordings not authorized by the College are prohibited.
The Complainant and Respondent have the right to be accompanied by an advisor of their choosing during all stages of an investigation.

A party may elect to change advisors during the process.
All advisors are subject to the same rules:

During the investigation, the advisor’s role is limited to providing advice, guidance, and support to the Complainant or Respondent. An advisor is not permitted to act as a participant or advocate during the investigative process.
Advisors are expected to maintain the privacy of the records shared with them.
Advisors are expected to refrain from interfering with investigations.
Any advisor who oversteps their role or interferes during an investigation process will be warned once. If the advisor continues to disrupt or otherwise fails to respect the limits of the advisor role, the advisor will be asked to leave. The Title IX Coordinator determines whether the advisor may return or should be replaced by a different advisor.

Prior to finalizing a report, the investigator provides all parties an equal opportunity to review any relevant evidence obtained as part of the investigation that is directly related to the allegations raised in the Formal Complaint.

The Complainant and Respondent may submit a written response to the evidence, including any questions a party wants asked of another party or witness, within three (3) days after receipt of the evidence.

Responses must be submitted to the investigator via email, mail, or hand delivery by 5:00 p.m. eastern standard time on the date responses are due.
Responses may not exceed 10 double-spaced pages on 8.5x11 paper with one-inch margins and 12-point font.

The investigator considers any responses received from the parties and conducts any further investigation necessary or appropriate.

Following an investigation, the investigator submits an investigative report and written determination to the parties that fairly summarizes relevant evidence. The report and determination includes a summary of the allegations; a summary of the response; a summary of the investigative steps taken to verify the allegations and response; a summary of the evidence relevant to a determination of responsibility; a determination on the question of responsibility, including rationale for the result and any discipline sanction that the College is permitted to share pursuant to State or federal law; and the procedures and permissible bases for the parties to appeal.
In cases where the Respondent is a student, after the investigative report and written determination has been sent to the parties, all parties shall have three (3) days to request a hearing. If either party requests a hearing, the hearing procedures described in College Procedure, Discipline and Appeal for Non-Academic Violations shall be followed, except that 1) all parties shall have the right to participate in the hearing to the extent required by Title IX; and 2) a single hearing officer will be utilized in lieu of a committee.

E. The following sanctions may be imposed for those who have violated these procedures:

Students

Verbal or Written Warning
Restrictions
Probation
Administrative withdrawal from a course without refund
Required Counseling
No Contact Directive
Suspension
Expulsion
Other consequences deemed appropriate to the specific violation

Employees

Verbal or Written Warning
Performance Improvement Plan
Required Counseling
Required Training or Education
Transfer or reassignment
Demotion
Suspension with or without Pay
Dismissal
Other consequences or conditions of employment deemed appro-priate to the specific violation

If the investigator or hearing officer finds student expulsion or employee suspension, demotion or dismissal is an appropriate sanction for a Respondent, but the investigator does not have authority to authorize such sanction, the investigator or hearing officer will make a recommendation of the sanction to the appropriate college official after the time for appeal has expired. If the investigator or hearing officer recommends the Respondent be expelled, suspended, demoted, or dismissed, during the time in which either party has to appeal, the Respondent shall remain in their current status (allowed on campus, on emergency removal, or on paid administrative leave) unless otherwise determined by the appropriate College official.

V. APPEALS

After the investigator submits their investigative report and written determination to the Complainant and Respondent, all parties are given an equal opportunity to appeal the determination. Appeals may be based only on these grounds:

Procedural irregularity that would change the outcome;
New evidence that was not reasonably available at the time of the decision that would change the outcome; and/or
The Title IX Coordinator, investigator, or decision-maker had a bias or conflict of interest for or against complainants or respondents generally or the individual Complainant or Respondent that would change the outcome.

Parties must submit any appeal, specifying at least one of the grounds above, to the Vice President of Student Services by 5:00 p.m. eastern standard time via the Title IX Appeal form within three (3) days of receiving the written determination of responsibility.

The College notifies all parties when an appeal is filed and provides all parties with a copy of the appeal and a chance to submit a written statement supporting or challenging the outcome. Parties must submit written statements supporting or challenging the outcome to the Vice President of Student Services by 5:00 p.m. eastern standard time via email or mail, within two (2) days of receiving a copy of an appeal.

Within ten (10) days of receiving an appeal, the Vice President of Student Services shall conduct a review of the record, including the appeal(s) received, any written statements supporting or challenging the outcome, the investigation report and written determination, and any accompanying evidence prior to issuing a written decision to the Complainant and Respondent that describes the result of the appeal and the rationale for the result. If the appeal does not provide information that meets the grounds for appeal, the Vice President of Student Services will deny the appeal.

The Vice President’s written decision is final.

VI. PROTECTION AGAINST RETALIATION

The College will not in any way retaliate against an individual for the purpose of interfering with any right or privilege secured by Title IX or because the individual has made a report or complaint, testified, assisted, participated, or refused to participate in any manner in an investigation, proceeding, or hearing under these procedures.

Retaliation is a violation of college policy regardless of whether the underlying allegations are ultimately found to have merit. Reports of retaliation are treated separately from reports or complaints of sexual harassment.

VII. LIMITED IMMUNITY

The College community encourages the reporting of misconduct and crimes. Sometimes, complainants or witnesses are hesitant to report to college officials or participate in resolution processes because they fear they themselves may be accused of various policy violations. It is in the best interest of this College that as many complainants as possible choose to report to college officials and that witnesses come forward to share what they know. To encourage reporting, the College offers sexual harassment complainants and witnesses amnesty from minor policy violations.

VIII. SUSPENDING PROCEDURES

In cases of emergency or serious misconduct, the College reserves the right to suspend this process and may enact appropriate action for the welfare and safety of the College community.

IX. STUDENT AND EMPLOYEE EDUCATION AND ANNUAL TRAINING

All College employees shall receive annual trainings on the following topics:

The College’s obligation to address sex discrimination in its education programs or activities;
The scope of conduct that constitutes sex discrimination under Title IX, including the definition of “sex-based harassment”; and
All applicable notification and information requirements.

In addition to the training that all college employees must receive, the Title IX Coordinator, investigators/decision-makers, those hearing appeals, and those involved in any informal resolution process shall receive annual trainings on the following topics:

These grievance procedures;
How to serve impartially, including avoiding prejudgment of facts at issue, conflicts of interest, and bias;
Issues of relevance of questions and evidence; and
The types of evidence that are impermissible regardless of relevance.
In addition, for Title IX Coordinators: training on specific Title IX Coordinator responsibilities, the College’s recordkeeping system, and Title IX recordkeeping requirements.

Each year, all students and employees will receive an electronic copy of these procedures sent to their college email address of record. These procedures will be maintained online in the College’s website and a hard copy will be kept on file (in English and Spanish) in the Title IX Coordinator’s office. Other translations will be made available upon request.

X. RECORDKEEPING

The College maintains all records of Title IX grievance proceedings and all materials used to train Title IX personnel for seven (7) years.

XI. PREGNANCY AND RELATED CONDITIONS

The College does not discriminate in its education program or activity against any applicant for admission, student, applicant for employment, or employee on the basis of pregnancy, childbirth, or recovery from these conditions. Title IX regulations require colleges and schools to allow medically necessary absences, provide accommodations, and restore a student’s status upon return to college/school. Under these regulations, a college/school cannot exclude a pregnant student from any educational program and must handle pregnancy-related medical conditions similarly to other temporary disabilities.

The Title IX Coordinator will also notify the student of the process to file a complaint for alleged discrimination, harassment, or retaliation, as applicable.

A. Supportive Measures for Students

Students who are pregnant and are experiencing medical related conditions may be provided with Supportive Measures to prevent sex discrimination and ensure equal access to the College’s education program and activity. Any student seeking Supportive Measures must contact the Title IX Coordinator to discuss appropriate and available Supportive Measures based on their individual needs. Students are encouraged to request Supportive Measures as promptly as possible, as retroactive Supportive Measures may not be available.

Supportive Measures may include, and are not limited to:

Breaks during class to express breast milk or attend to health needs associated with pregnancy or related conditions, including eating, drinking, or using the restroom
Intermittent absences to attend medical appointments
Time extensions for coursework and rescheduling of tests and examinations
Allowing a student to sit or stand, or carry or keep water nearby
Counseling
Changes in physical space or supplies (for example, access to a larger desk or a footrest)
A larger uniform or other required clothing or equipment

Students are encouraged to work with the College’s Title IX office in conjunction with their faculty members to devise a plan for how to best address the student’s needs. The Title IX Coordinator will assist with plan development and implementation as needed.

Supporting documentation for Supportive Measures may be required when it is necessary and reasonable under the circumstances to determine which Supportive Measures to offer.

Information about pregnant students’ requests for Supportive Measures will be shared with faculty and staff only to the extent necessary.

Students experiencing pregnancy-related conditions that manifest as a temporary disability under the Americans with Disabilities Act (ADA), or Section 504 of the Rehabilitation Act are eligible for reasonable accommodations just like any other student with a temporary disability. The Title IX Coordinator will consult with Accessibility Services to ensure the student receives reasonable accommodation for their disability as required by law.

B. Lactation Space Access

The College provides students and employees with access to lactation spaces that are functional, appropriate, and safe. Such spaces are regularly cleaned, shielded from view, and free from the intrusion of others.

Lactation spaces are available at each of the College’s campus locations.

To secure a lactation space, please complete and submit the Title IX-Notice of Pregnancy or Related Conditions (maxient.com). The Title IX Coordinator will assist you in securing an available and accessible space.

C. Employees

Information on pregnancy and related conditions for employees can be found in the Human Resources section of the Policy and Procedure Manual.

D. Policy/Procedure Dissemination and Training

A copy of the policy and procedures will be made available to college employees in the annually required training and posted on the College’s website. The College will alert all new students about the policy and procedures and the locations of these as part of orientation. The Title IX Coordinator(s) will make educational materials available to all members of the college community to promote compliance with the policy and familiarity with its procedures.

Discrimination and Harassment Procedure

The College strives to make its campuses inclusive and a safe and welcoming learning environment for all members of the college community. Pursuant to multiple federal and state laws and administrative regulations and pursuant to college policy, the College prohibits discrimination in its activities, services and programs based on race, color, national origin, religion, sex, gender identity, sexual orientation, pregnancy or related conditions, disability, genetic information, age, political affiliation or veterans’ status.

I. DEFINITIONS

The following definitions shall apply to this Procedure and shall be collectively referred to herein as “Unlawful Discrimination”.

The definitions are not intended to operate as speech codes, promote content and viewpoint discrimination or suppress minority viewpoints in the academic setting. Indeed, just because a person’s speech or expression is deemed offensive by others does not mean it constitutes discrimination or harassment.

In applying these definitions, College administrators shall view the speech or expression in its context and totality and shall apply the following standard: the alleged victim subjectively views the conduct as discrimination or harassment and that the conduct is objectively severe or pervasive enough that a reasonable person would agree that the conduct is discriminatory or harassing.

Discrimination - any act or failure to act that unreasonably differentiates treatment of others based solely on their Protected Status and is sufficiently serious, based on the perspective of a reasonable person, to unreasonably interfere with or limit the ability of that individual to participate in, access or benefit from the College’s programs and activities. Discrimination may be intentional or unintentional.
Harassment - a type of Discrimination that happens when verbal, physical, electronic or other behavior based on a person’s Protected Status interferes with a person’s participation in the College’s programs and activities and it either creates an environment that a reasonable person would find hostile, intimidated or abusive or where submitting to or rejecting the conduct is used as the basis for decisions that affect the person’s participation in the College’s programs and activities.
Harassment may include but is not limited to: threatening or intimidating conduct directed at another because of the individual’s Protected Status; ethnic slurs, negative stereotypes and hostile acts based on an individual’s Protected Status.
Protected Status - race, color, national origin, religion, sex, gender identity, sexual orientation, pregnancy or related conditions, disability, genetic information, age, political affiliation or veterans’ status.
Standard of Evidence - the College uses the Preponderance of the Evidenceas the standard for proof of whether a violation occurred. In the student due process hearing and employee grievance process, legal terms like “guilt, “innocence” and “burden of proof” are not applicable. Student and employee due process hearings are conducted to take into account the totality of all evidence available from all relevant sources. The College will find the alleged Perpetrator either “responsible” or “not responsible” for violating these Procedures.

II. STATEMENTS OF PROHIBITION

Prohibition of Retaliation.

The College strictly prohibits punishing students or employees for asserting their rights to be free from Unlawful Discrimination. Retaliation against any person participating in connection with a complaint of Unlawful Discrimination is strictly prohibited. Reports of retaliation will be addressed through this procedure and/or other applicable college procedures. Retaliation includes, but is not limited to, any form of intimidation, punitive actions from authority figures or peers, reprisal (acts of vengeance) or harassment. Retaliation is a serious violation and should be reported immediately. The College will take appropriate disciplinary action against any employee or student found to have retaliated against another.

Prohibition of Providing False Information.

Any individual who knowingly files a false report or complaint, who knowingly provides false information to college officials, or who intentionally misleads college officials involved in the investigation or resolution of a complaint may be subject to disciplinary action including, but not limited to expulsion or employment termination. The College recognizes that an allegation made in good faith will not be considered false even if the evidence does not confirm the allegation(s) of Unlawful Discrimination.

III. REQUESTING ACCOMMODATIONS

Students.

Students with disabilities wishing to make a request for reasonable accommodations, auxiliary communication aids or services, or materials in alternative accessible formats should contact the College’s Accessibility Services at counselors@spcc.edu. Information provided by students is voluntary and strict confidentiality is maintained. All requests for accommodations will be considered following the appropriate federal and state laws.

The College will also provide reasonable accommodation of a student’s religious beliefs/practices provided such expression/practice does not create a hostile environment for other students and employees and/or the accommodation does not cause an undue hardship for the College.

Employees.

Employees with disabilities wishing to make a request for reasonable accommodations, auxiliary communication aids or services, or materials in alternative accessible formats should contact the College’s Office of Human Resources. Information provided by employees is voluntary and strict confidentiality is maintained.

The College will also provide reasonable accommodation of an employee’s religious beliefs/practices provided such expression/practice does not create a hostile environment for other employees and students and/or the accommodation does not cause an undue hardship for the College.

IV. REPORTING OPTIONS

Student Complaints.

Any student wishing to make a report relating to Unlawful Discrimination may do so by completing the Unlawful Discrimination Report.

For Unlawful Discrimination incidents between students and employees, the Vice President for Student Services, or designee, or the Director of Student Wellness and Advocacy/Title IX Coordinator will work in partnership with the Associate Vice President of Human Resources and Payroll/Deputy Title IX Coordinator to investigate and resolve the allegations.

Employee Complaints.

Any employee wishing to make a report related to Unlawful Discrimination may do so by reporting the concern to the College’s Associate Vice President of Human Resources and Payroll/Deputy Title IX Coordinator.

V. INITIAL INVESTIGATION

As these Procedures apply to both students and employees as either the Complainant or the Respondent, the administrator receiving the incident report will determine if the case should be handled by: 1) the Vice President for Student Services, or designee or Director of Student Wellness and Support/Title IX Coordinator (student/student),: 2) the Associate Vice President of Human Resources and Payroll/Deputy Title IX Coordinator, or designee (employee/employee); or 3) both (student/employee). For incidents involving students and employees, the College will utilize the process for both the student investigation and the employee investigation sections as applicable.

Student Investigation.

Students filing complaints (“Complainants”) are urged to do so by completing the Unlawful Discrimination Report form as soon as possible but no later than thirty (30) days after disclosure or discovery of the facts giving rise to the complaint. Complaints submitted after the thirty (30) day period will still be investigated; however, Complainants should recognize that delays in reporting may significantly impair the ability of college officials to investigate and respond to such complaints. The Vice President of Student Services, or designee, or the Director of Student Wellness and Advocacy/Title IX Coordinator shall fully investigate any complaints and will, as needed and if the complaint also involves an employee, collaborate with the College’s Associate Vice President of Human Resources and Payroll/Deputy Title IX Coordinator. During the course of the investigation, the Vice President, or designee, or the Director may consult with other relevant college administrators and the College Attorney.
During the investigation, and if applicable to the complaint, the Vice President, designee, or Director shall meet with the Complainant and the alleged Perpetrator (“Respondent”) separately and give each party an equal opportunity to provide evidence, including informing the Vice President, designee, or Director of any potential witnesses. Both parties will be given access to any information provided by the other in accordance with any federal or state confidentiality laws.
During the investigation process, the Vice President, or designee, or Director may implement temporary measures in order to facilitate an efficient and thorough investigation process as well as to protect the rights of all parties involved. The temporary actions include but are not limited to: reassignment of class schedules; temporary suspension from campus (but be allowed to complete coursework); or the directives that include no contact between the involved parties.
A confidential file regarding the complaint shall be maintained within the Maxient system. To the extent possible, the College will keep all information relating to the complaint and investigations confidential; however, to maintain compliance with the Clery Act, both parties will be informed of the outcome of any institutional proceedings under these procedures.
The Vice President, designee, or Director shall make every effort to conclude the investigation as soon as possible but no later than thirty (30) calendar days. If the nature of the investigation requires additional time, the Vice President, designee, or Director may have an additional ten (10) calendar days to complete the investigation. The Vice President, designee, or Director shall notify the parties of this extension.
The parties to an investigation will be notified of available counseling services and their options of changing academic situations and other interim measures.

Employee Investigations.

Employees filing complaints (“Complainants”) are urged to do so in writing as soon as possible but no later than thirty (30) days after disclosure or discovery of the facts giving rise to the complaint. Complaints submitted after the thirty (30) day period will still be investigated; however, Complainants should recognize that delays in reporting may significantly impair the ability of college officials to investigate and respond to such complaints. The Associate Vice President of Human Resources and Payroll/Deputy Title IX Coordinator or designee shall fully investigate any complaints. During the course of the investigation, the Associate Vice President of Human Resources and Payroll/Deputy Title IX Coordinator may consult with other relevant college administrators and the College Attorney.
During the investigation, and if applicable to the complaint, the Associate Vice President of Human Resources and Payroll/Deputy Title IX Coordinator shall meet with the Complainant and the alleged Perpetrator (“Respondent”) separately and give each party an equal opportunity to provide evidence, including informing the Associate Vice President of Human Resources and Payroll/Deputy Title IX Coordinator of any potential witnesses. Both parties will be given access to any information provided by the other in accordance with any federal or state confidentiality laws.
During the investigation process, the Associate Vice President of Human Resources and Payroll/Deputy Title IX Coordinator may implement temporary measures in order to facilitate an efficient and thorough investigation process as well as to protect the rights of all parties involved. The Associate Vice President of Human Resources and Payroll/Deputy Title IX Coordinator may suspend an employee with pay pending an investigation if such action is in the College’s best interest.
A confidential file regarding the complaint shall be maintained by the Associate Vice President of Human Resources and Payroll/Deputy Title IX Coordinator. To the extent possible, the College will keep all information relating to the complaint and investigations confidential; however, to maintain compliance with the Clery Act, both parties will be informed of the outcome of any institutional proceedings under these Procedures.
The Associate Vice President of Human Resources and Payroll/Deputy Title IX Coordinator shall make every effort to conclude the investigation as soon as possible but no later than thirty (30) calendar days. If the nature of the investigation requires additional time, the Associate Vice President of Human Resources and Payroll/Deputy Title IX Coordinator may have an additional ten (10) calendar days to complete the investigation and shall notify the parties of this extension.
The parties to an investigation will be notified of available counseling services and other interim measures.
If the Associate Vice President of Human Resources and Payroll/Deputy Title IX Coordinator is named as a Respondent in the Complaint, the President may assign another College administrator to investigate the Complaint. If the President is named as a Respondent in the Complaint, the Chair of the Board of Trustees may appoint a third-party to investigate the Complaint.

VI. RECOMMENDATION AND APPEAL

Students.

After the investigation is complete, the Vice President, designee, or Director will put forward a recommendation of finding, based on the Standard of Evidence, and sanction(s) to both the Complainant and Respondent. If the recommendation is accepted by both parties involved, the recommendation and sanction(s) will become effective. The Vice President, designee, or Director will submit to each party a final outcome letter that will include, but not be limited to, the following:

Determination if the Respondent is responsible or not responsible for violating these Procedures;
Sanction;
Whether monitoring of academic schedules is needed between the parties to ensure that the individuals involved are not in classes together (the Vice President will assist in this process).
Short-term College counseling services available to each party.

If the Vice President’s, designee’s, or Director’s recommendations are not accepted by either the Complainant or the Respondent, either or both parties may appeal and request a formal hearing. If the Vice President, designee, or Director recommends sanctions that they cannot impose (i.e., expulsion), the matter shall automatically be set for a hearing. The Vice President or President will preside over the hearing as the Presiding Officer. The hearing is a conflict resolution at the educational level and not a judicial proceeding in the courts. The process for the hearing is outlined below:

Prior to the hearing, the Complainant and the Respondent have the right to review all evidence, including written statements by the Respondent, the Complainant, or witnesses. Strict rules of evidence do not apply. The Standard of Evidence shall apply for the hearing.
Written notice including the date, time, and location of the hearing will be sent to all parties.
At the hearing, all pertinent parties have a right to speak and be questioned by the Presiding Officer. Cross-examination between parties is not permitted. The College will provide options for questioning without confrontation. Each phase of the hearing will be heard by both parties utilizing Microsoft Teams meetings.
The Complainant and the Respondent are allowed to be accompanied by an advocate. The advocate may not present on behalf of either party unless otherwise instructed to do so by the Presiding Officer. If the Complainant or the Respondent chooses to have an advocate who is an attorney, notification must be provided to the Presiding Officer at least three (3) College business days prior to the hearing date. In this case, the College Attorney will also be present.
Both parties have a right to a written notice of the hearing outcome.

Employees.

After the investigation is complete, the Associate Vice President of Human Resources and Payroll/Deputy Title IX Coordinator will put forward a recommendation of finding, based on the Standard of Evidence, and sanctions to both the Complainant and Respondent. If the recommendation is accepted by both parties involved, the recommendation and sanctions will become effective. A final outcome letter will be submitted to the Complainant and Respondent that may include, but not be limited to, the following:

Determination if the Respondent is responsible, not responsible, or if the decision is deemed inconclusive, or shared responsibility.
Sanction, if appropriate.
Monitoring of academic schedules or workplace schedule if needed.
Short-term counseling services will be offered to each party.

If the Associate Vice President of Human Resources and Payroll/Deputy Title IX Coordinators recommendations are not accepted by either the Complainant or the Respondent, either or both parties may appeal to the President. If the Associate Vice President of Human Resources and Payroll/Deputy Title IX Coordinator recommends sanctions that they cannot impose (i.e., termination) the matter will automatically be forwarded to the President for consideration. The hearing is a conflict resolution at the educational level and not a judicial proceeding in the courts. The process for the appeal is outlined below:

Each party shall have the right to meet with the President separately. Prior to the meeting with the President, the Complainant and the Respondent have the right to review all evidence, including written statements by the Respondent, the Complainant, or witnesses.
Written notice including the date, time, and location of the meeting will be sent to all parties.
At the meeting with the President, each party shall have a right to speak and be questioned by the President and present any written evidence to the President.
The Complainant and the Respondent are allowed to be accompanied by an advocate. The advocate may not present on behalf of either party unless otherwise instructed to do so by the President. If the Complainant or the Respondent chooses to have an advocate who is an attorney, notification must be provided to the President at least three (3) college business days prior to the hearing date. In this case, the College Attorney will also be present.
The President will review the evidence provided by each party and shall consider the statements of the parties. The President’s determination will be based on the Standard of Evidence. Both parties have a right to a written notice of the President’s decision.

If the President is named as a Respondent in the original Complaint, the Associate Vice President of Human Resources and Payroll/Deputy Title IX Coordinator will inform the Chair of the Board of Trustees, who will assign another person to consider the appeal.

Sanctioning.

The following sanctions may be imposed for those who have violated these Procedures.

Students.

Verbal or Written Warning
Probation
Administrative withdrawal from a course without refund
Required Counseling
No Contact Directive
Suspension
Expulsion (President must impose)
Other consequences deemed appropriate

Employees.

Verbal or Written Warning
Performance Improvement Plan
Required Counseling
Required Training or Education
Demotion (President may impose)
Suspend with or without Pay (President must impose)
Termination (President must impose)
Other consequences deemed appropriate to the specific violation

South Piedmont Community College Grievance/Complaint Procedure

South Piedmont is dedicated to resolving student grievances and complaints in a timely, fair, and equitable manner. A grievance is a student allegation that a College decision or action is either discriminatory or has a negative effect on the student’s status at the college. The purpose of the student grievance/complaint procedure is to provide a system to resolve student grievance/complaints against faculty and/or staff.

Any student who believes that a College decision or action is discriminatory or has a negative impact may file a written grievance using the procedure below. Students needing assistance in navigating the procedure should contact the Director of Student Wellness and Advocacy for guidance.

Grievances must be submitted electronically through the SPCC Grievance Form found here and on the SPCC website at www.spcc.edu under Student Panel/Reporting Forms/Grievance Form with all supporting documentation within five (5) business days of the incident upon which the grievance is founded, occurred, or was first brought to your attention.

The Vice President of Student Services will appoint an Investigator(s) to in-formally investigate the grievance in cooperation with the individuals within South Piedmont Community College. The Investigator(s) will submit a written report to the student (through the student’s SPCC email and certified mail) and to the Vice President (through SPCC email) within fifteen (15) business days.
In the event the decision taken by the Investigator(s) is deemed unsatisfactory to the student, the student may file a Formal Complaint-Appeal of Grievance Finding if the appeal meets one of the criteria: (1) policy and/or procedures were not followed, procedural irregular-ity that affected the outcome, (2) sanction too severe for the charge, (3) evidence of a conflict of interest or bias that affected the outcome, or (4) new evidence that was not reasonably available at the time of the determination that could affect the outcome. This formal appeal must be received within five (5) business days of receipt of the decision. The formal appeal must be submitted through the SPCC Formal Complaint-Appeal of Grievance Finding form located here and on the SPCC website under Student Panel/Appeal Forms. This form must be completed in its entirety. All documentation supporting the reason for the appeal, including documentation of the original grievance, emails, the grounds for the complaint, etc., must be attached to the SPCC Formal Complaint Form. The student will receive written notification of receipt of the appeal. Once the appeal is received, the appeal is reviewed by the Vice President of Academic Affairs/Chief Academic Officer (CAO) to ensure the reason for the appeal meets the criteria for an appeal. Requests that do not meet the criteria for an appeal may be denied without input from the Student Appeals Team. Requests that meet the criteria for an appeal are forwarded to the Student Appeals Team for a hearing.
Within (10) business days of receipt of the Formal Complaint appeal, the Student Appeals Team will review the written appeal. The student and SPCC employee(s) will be notified of a date, time, and location of the hearing. The location will be in person (on campus), by conference call (on the phone), or virtually (video conferencing with a call-in option). All parties may present pertinent information. At the discretion of the Student Appeals Team, other pertinent individuals may be contacted for additional information, either in person, by conference call, or virtually.

The appeal meeting is a conflict resolution and not a judicial proceeding.
The student may not record this meeting but may take notes.

The Vice President of Academic Affairs/CAO will notify the student (by SPCC email) and college employee(s) (by SPCC email) on the decision of the appeal within five (5) business days after the review. The decision of the Student Appeals Team is final.

PLEASE NOTE: Retaliation by, or against, any participant [student, employee(s), witnesses(es)] is expressly prohibited. Retaliatory action of any kind taken against individuals as a result of seeking redress under the applicable procedures or serving as a witness in a subsequent investigation dealing with discrimination is prohibited and is conduct subject to discipline. Any person who thinks they have been the victim of retaliation should immediately contact the Director of Student Wellness and Advocacy or the Vice President of Academic Affairs/CAO.

Other Complaint Options:

A student may always file a complaint with:

U.S. Department of Education Office of Civil Rights
Website: www.ed.gov
Phone: 1.800.421.3481
Email: ocr@ed.gov

Equal Employment Opportunity Commission
Website: www.eeoc.gov
Phone: 1.800.669.4000
Email: info@eeoc.gov

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