Student Code of Conduct

Student Code of Conduct

NOVA’s vision is to be a learning-centered organization that promotes student success. This is reflective of the Student Code of Conduct’s approach to provide a safe and supportive learning environment. NOVA’s code of conduct is based on the Colleges Core Values of Care, Excellence, Inclusion, Integrity, and Respect. The Student Code of Conduct outlines expectations of students which supports the College’s Core Values. When a student’s conduct adversely affects the College’s pursuit of its educational objectives, the conduct process may be initiated to address the behavior. NOVA’s approach will be to resolve the misconduct and to help facilitate education and student development. It is the College’s goal that when students engage with the conduct process, they will become better educated students, better all-around members of the College community, and better global citizens.

By enrolling at NOVA, a student accepts its policies and procedures and acknowledges the right of NOVA to take action, up to and including suspension or expulsion in response to misconduct. It is a student’s responsibility to become familiar with the student code of conduct as well as the NOVA’s policies and procedures. Lack of awareness is no excuse for noncompliance.

Student Code of Conduct Video

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

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

The term ‘mitigating circumstance’ means a circumstance or factor relating to an offense that is shared to lessen the severity of the sanctions.

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

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

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

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

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

The term "VCCS" means Virginia Community College System.

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

The term "Office of Student Rights and Responsibilities (OSRR)" should be understood to include all who have responsibility for overseeing the student conduct process in their respective areas (i.e. Coordinator for Student Integrity and Conduct, Director of Student Rights and Responsibilities or their designee).

The term "sanction" means an action that may be imposed after a student has been found responsible for violating the Student Code of Conduct. Sanctions may include but are not limited to, a mandated program, activity, or restriction. Any sanction imposed at the campus level may be applied to the entire College.

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

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

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

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

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

The term "student" means an individual who has applied for admission to the College and has registered for classes.  An individual who is currently enrolled or who has been enrolled within the last year is considered a current student.

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

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

The term "restorative" practices means a culture of care that creates an environment  of repairing harm and rebuilding trust within the college community.

Pre-Hearing Meeting or Conference” means a meeting with a professional staff member of the Office of Student Conduct to discuss the code of conduct or other disciplinary procedures prior to the start of a hearing.

Students enrolling in the College assume an obligation to conduct themselves in a manner that is compatible with the College’s Code of Conduct. NOVA’s Core Values represent the behavioral standard each member of the NOVA community should aspire to. Furthermore, students accept the Colleges policies and procedures and acknowledge the right of NOVA to take action, up to and including suspension or expulsion in response to misconduct. It is a student’s responsibility to become familiar with the student code of conduct. Lack of awareness is not an excuse for noncompliance with NOVA’s policies and procedures. Students are expected to respect the rights of all faculty, staff, and fellow students at NOVA. Behavior directed towards faculty, staff, or students that violates the code of conduct will be investigated by student integrity and conduct. The student code of conduct is applicable for guests of students as well. Students are responsible for the behavior of their guests while on NOVA property.

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

Expressive activity

Includes meetings and other group activities of students and student organizations, speeches, performances, demonstrations, rallies, vigils, the distribution of literature, and many other forms of expression protected by the First Amendment to the U.S. Constitution. (See Free Speech at NOVA)

Freedom of Expression

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

Freedom of Association

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

Freedom from Discrimination

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

Safe Environment

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

Privacy

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

Grievance Process

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

Due Process

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

Academic and Administrative Policies

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

Participation

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

NOVA’s Core Values

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

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

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

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

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

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

  • Disciplinary procedures for students in all credit courses are administered by the Office of Student Rights and Responsibilities (OSRR).
  • Disciplinary procedures for Workforce Development students are administered by OSRR.
  • Disciplinary procedures for charges occurring on multiple campuses are coordinated by OSRR.
  • Disciplinary procedures for the first three instances of academic misconduct are addressed as detailed in the College’s academic integrity policy. Subsequent violations are addressed by OSRR.
  • Students may be charged with violations of the Code of Conduct when the apparent infractions are observed on College property, College sponsored activity, or other locations where the College provides services or when the off-campus behavior negatively affects the teaching and learning environment.

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

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

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

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

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

Prohibited conduct includes the following:

  1. Furnishing false information to any NOVA official, faculty member or office, including falsification of documents, such as: Lying, and/or use of deception
  2. Alteration or misuse of any NOVA document, record or instrument of identification
  3. Misuse or unauthorized use of the NOVA name and/or graphic
  4. Stealing and/or possessing unauthorized material. Taking property belonging to another person or the College without authorization or through unlawful appropriation or possession. No student shall steal, attempt to steal, or assist in the theft of any service, money, property, or item of value not belonging to him or her.
  5. Selling or attempting to sell textbooks or other personal property without permission of the owner
  6. Violating NOVA’s online security policy (See violations of IT security and acceptable use policy) 
  7. Substantially disruptive behavior inside or outside the classroom including but not limited to Student Life activities, College sponsored trips.
  8. Obstructing the free flow of pedestrian or vehicular traffic on NOVA premises or at NOVA sponsored activities
  9. Participating in or inciting a riot, disorderly assembly or demonstration
  10. Destroying or damaging the property of the College or the personal property of another, on or off campus, without permission.
  11. Littering – Improperly disposing of trash of any kind.
  12. Possession of firearms, explosives, other weapons (as defined by the weapons policy ) or dangerous chemicals while on campus unless properly authorized
  13. Violations of College policy by smoking, vaping, or hookah in any College facility or within 25 feet of any College building
  14. Violation of College or classroom policy by unauthorized use of electronic devices in the academic setting
  15. Unauthorized entry into or presence in or on any College building or facility
  16. Speech or behavior which threatens or endangers the health or safety of any person; This can include but is not limited to true threats and incitement, as legally defined.
  17. Creating or contributing to an intimidating or hostile environment for any member of the NOVA community
  18. Discriminatory harassment, defined as speech, actions or conduct which is so severe, pervasive, and objectively offensive, and that so undermines and detracts from the victims educational experience, that the member of the community is effectively denied equal access to educational access benefits or opportunities.
  19. Physical Stalking, or cyberstalking, defined as repetitive, menacing pursuit, following harassment and/or interference with the safety of a member of the NOVA community
  20. Hazing as defined as the practice of rituals and other activities involving harassment, abuse or humiliation used as a way of initiating a person into a group
  21. Sexual misconduct, including but not limited to sexual harassment, non consensual sexual conduct, or sexual exploitation
  22. Lewd or obscene conduct including but not limited to public urination, sexual acts performed in public, surreptitiously taking pictures or video of another person in a locker room or restroom or other location where privacy is expected, possession or distribution of child pornography, possession or distribution of any obscene materials.
  23. Unauthorized Recording: Using electronic or other means to make or disseminate a video, audio, or photographic record of any person(s) where there is a reasonable expectation of privacy and without the person’s consent. The areas include but are not limited to, restrooms, locker rooms, changing areas.
  24. Dating or domestic violence
  25. Retaliation, no person may intimidate, threaten, coerce, harass, discriminate, or take any other adverse action against any other person for the purpose of interfering with any right or privilege provided by the Student Code of Conduct, or because the person has made a report or filed a formal complaint, assisted, or participated or refused to participate in any manner in an investigation, hearing, or any other process described in the Student Code of Conduct.
  26. Violations of campus and College emergency regulations, including but not limited to, failure to comply with emergency evacuation procedures, tampering with fire protection apparatus (ex. Fire extinguisher’s, fire alarms, and other safety equipment).
  27. Failure to comply with the directions of NOVA officials, including campus police officers and others acting in the performance of their duties and/or failure to identify oneself to these persons when requested to do so
  28. Use of alcoholic beverages including the purchase, serving, consumption, possession, or sale of such items on College property or any College sponsored event or activity; being under the influence of alcohol or other controlled substances on College property or any College sponsored event or activity (See complete alcohol and drug policy)  
  29. Gambling or holding a raffle or lottery on the campus or at any College function without proper approval
  30. Possessing, using, selling, manufacturing, or distributing controlled substances (as defined by the College) while on-campus or at college sponsored events.
  31. Violation of federal, state or local laws
  32. Plagiarism – the intentional or unintentional presentation as new and original an idea or product derived from an existing source without properly citing the source of the material
  33. Facilitating academic dishonesty – the intentional or knowing help or attempt to help another to commit an act of academic dishonesty; or to seek answers for assignments, quizzes or tests
  34. Cheating – the intentional use or attempted use of unauthorized materials, information, or study aids in any academic exercise

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

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

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

Violations of the Code of Conduct may result in one or more of the following sanctions for students who are found responsible for violations of the Student Code of Conduct. Please know that any sanction imposed may apply to the entire College. Sanctions include but are not limited to:

Administrative Sanctions:
Disciplinary Warning: A warning to a student that his/her conduct was questionable and/or inappropriate and that further misconduct will result in more severe disciplinary action. Disciplinary warning may include but not limited to a behavior agreement or contract.

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

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

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

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

Loss of Privileges: Loss of privileges includes but is not limited to denial or restriction of the use of a service, participation in a program, event, activity, or participation in a club or organization for a designated period of time.

Revocation of Admission and/or Degree: Admission to or a degree awarded from the College may be revoked for fraud, misrepresentation, or other violations of College standards in obtaining the degree, or for other serious violations if the act was committed while still a student.

Revocation of Degree:
A student’s recognition as a graduate or alumna/us is rescinded. This sanction may occur if a student is found in violation of an Act of Misconduct following their graduation from NOVA, if the Act was committed while considered a student.

Removal From Class or Student Life Activity: If a student is found responsible for violating the student code of conduct, Student Conduct may sanction the student with removal. In this case the student may fail the course and/or forfeit the tuition paid for the course. If possible, in cooperation with the academic division, Student Conduct may approve the student's ability to change classes as a result of a removal sanction.

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

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

Behavioral agreement/contract: May be assigned to students whose behavior has impacted others and who need to enter into an agreement with the College noting that the student will adhere to certain expectations.

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

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

Educational program: May be assigned to students who need educational support on a specific topic.

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

Mentorship: May be assigned to students who need ongoing support for a determined period of time. During the time of mentorship, the student will work with their mentor to develop success goals and a plan to ensure their actions are aligned with the College’s Core Values.

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

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

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

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

 

Pre-Hearing

Pre-hearing conference. The respondent and complainant may elect to have a pre-hearing conference with a representative of Student Conduct, at any time before the scheduled hearing. At a pre-hearing conference, the parties may ask questions about the process.

Informal hearing

A meeting with OSRR and the alleged party to advise them of the allegations, explain the conduct process and attempt to come to a resolution. The alleged will have the opportunity to share any information they have regarding the allegation(s).

Formal hearing

If resolution is not met via an informal hearing, the student has the option to request a formal administrative hearing or a formal hearing by a conduct panel.

Formal hearing Conduct Panel

A panel consisting of three faculty, staff, and students. The panel will hear the case and render a decision.

Alternative Resolution

Based on the nature and fact pattern of a particular incident, the option of alternative resolution may be offered. This may include mediation or restorative practices.  Alternative Resolution can be utilized when the case is well suited for rich educational outcomes and/or when parties have vested interest or need to restore the relationship.

When a report of an alleged violation of the Student Code of Conduct is submitted, OSRR will review the report and determine if charges are warranted. If it is determined that a conduct violation may have taken place, OSRR will initiate the conduct process.

In the event that a student is alleged to have violated the student code of conduct, correspondence with the student will be done via the student’s VCCS email.

Step 1: Informal Hearing

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

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

Students with a documented disability who need accommodations at any stage in the conduct process should notify the Office of Student Rights and Responsibilities (OSRR) in writing, preferably at least three business days prior to the hearing or meeting. However, please note that students can request accommodations at any time.

Step 2: Formal Hearing

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

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

Formal Hearing Process

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

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

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

The College may extend deadlines at its discretion.

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

Hearings will be closed to the public and press. All proceedings and decisions will be confidential except as permitted or required by law. All decisions of the proceedings will be provided to the complainant and accused student and to College officials in alignment with current FERPA policies. Formal Hearings will be recorded.

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

The complainant and the accused student have the following rights:

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

Formal Hearing Conduct Panel

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

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

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

Step 3: Appeal (if applicable)

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

Appeals must be made to the appropriate Administrative Council member:

  1. Appeals for campus processes coordinated by the Office of Student Rights and Responsibilities (OSRR) must be made to a campus Provost.

Appeal Guidelines

  • Sanctions imposed will be in effect while the appeal process takes place. Exceptions may be made on a case-by-case basis when necessary for the integrity of academic programs.
  • Requests for appeal must be submitted via the appeal of violation form and received within five business days of the written notice of the decision. Failure to submit  and appeal form within the allotted time will render the original decision final.
  • The party requesting appeal must show error, as the original finding and sanction are presumed to have been decided reasonably and appropriately. The only grounds for appeal are as follows:
    • A procedural or substantive error occurred that significantly impacted the outcome of the hearing.
    • To consider new evidence, unavailable during the original hearing or investigation, that could substantially impact the original finding or sanction. A summary of this new evidence and its potential impact must be included.
    • The sanctions imposed are substantially disproportionate to the severity of the violation.
  • The Administrative Council member reviews the request to see if it meets the limited grounds and is timely. The Administrative Council member may:
    • Find that the appeal is not timely or substantive and dismiss it. The decision is final.
    • Affirm the finding and sanction imposed in the original decision. The decision is final.
    • Affirm the finding and reduce, but not eliminate, the sanction. The decision is final.
    • Remand the case to the Office of Student Rights and Responsibility (OSRR) or the original panel for consideration of new evidence. The decision of the OSRR or panel is final. In rare cases where the procedural error cannot be resolved by the OSRR or original panel, such as in cases of bias, the Administrative Council member may appoint a new panel to rehear the case. The results of the panel are final.
  • A student who has exhausted the appeal process does not qualify for the right to file a grievance related to the case.

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

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

Conduct records at NOVA are maintained via compliance with the Virginia State Library and Archives Records Retention Schedule and procedures. Per Virginia State Library, records are kept for three years after the end of the academic year. When a student is deemed to present a significant threat to the College community, a notation may be placed in the Student Information System to prevent the student from registering at any VCCS college.

The Medical Education Campus has multiple programs. Students who are accepted into any of their programs must abide by NOVA’s student Code of Conduct in addition to the program requirements and rules listed in the programs handbook.

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

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

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

Academic Grievance

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

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

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