Student Policies and Procedures

Student Rights and Responsibilities 

Mountain Gateway Community College holds certain expectations of students to share the responsibility of maintaining a safe, secure, and honest academic environment.

By applying for admission to the College, each student agrees to abide by the policies and procedures governing student conduct. The statement below outlines the rights each student has as a member of the college community as well as the responsibilities each student has to continue within that community.

Each student has the privilege of exercising his or her rights without fear of prejudice provided he/she respects the laws of the Commonwealth, the policies of Mountain Gateway and the rights of others on campus. Such rights include the following:

• Students are free to pursue their educational goals. Appropriate opportunities for learning in the classroom and on campus are provided through the curricula offered by the college.
• No disciplinary sanctions may be imposed without due process, except as provided in the Student Conduct Policy below.
• Students have the right to freedom of expression, inquiry, and assembly provided actions do not interfere with the rights of others or the effective operation of the college.
• Academic evaluation of student performance shall be fair- not arbitrary or inconsistent.
• Members of the college community, including students, have the right to expect safety, protection of property, and the continuity of the educational process.

Each student, as a responsible adult, shall maintain standards of conduct appropriate to membership in the college community. Such responsibilities include the following:

• Each student has the responsibility to demonstrate respect for his or herself as well as faculty, staff, and other students.
• Each student has the responsibility to know, understand, and abide by the regulations and policies of the college.
• Each student has the responsibility to pay all fines and debts to the college.
• Each student has the responsibility to maintain academic integrity and abide by the academic honesty policy of the college.

Mountain Gateway Community College’s Student Code of Conduct is hereby amended to include the following provisions and any violation of such shall be grounds for discipline under the College’s Student Code of Conduct policy. All other provisions remain unchanged and applicable:

A. Disruptive Acts

1. Disrupting or obstructing the normal learning, living, or work environments of other members of the College community or the functions or activities of the College (as well as activities conducted on the College’s property with its permission) is prohibited. Examples include: blocking entrances, corridors or exits; interfering with ongoing educational activities, cultural events, or recreational, extracurricular or athletic programs; unauthorized presence in a building after normal closing hours or after notice that the building is being closed; interfering with vehicular or pedestrian traffic; creating unsanitary conditions; and interfering with any other effort to protect the health and safety of members of the College community or larger public.  

2. No person may obstruct, disrupt, or attempt by physical force to cancel or discontinue speech by any speaker or the observation of speech by any person intending to see or hear a speaker.  

B. Violations of Laws, Regulations, and Ordinances  

1. Prohibited conduct includes violations of federal, state, or local laws, regulations, orders, or ordinances.  

a. Students have a continuing duty to promptly report Student Services any arrests for violations of federal, state, local, or international law, excluding minor traffic violations that do not result in injury to others. This duty applies regardless of where the arrest occurred (inside or outside the Commonwealth of Virginia) and regardless of whether the College is in session at the time of the arrest. An arrest includes the issuance of a written citation or summons regardless of whether the student is taken into custody by law enforcement. Charges related to driving under the influence of alcohol or other drugs are not “minor traffic violations” and must be reported.

 C. Masking to Conceal Identity  

1. Consistent with Virginia Code § 18.2-422, any individual who is present on College property or attending a College event who is wearing a mask, hood, or other device whereby a substantial portion of the face is hidden or covered so as to conceal the identity of the wearer, must present a valid college or government issued identification document containing both the person’s legal name and photograph when requested by an authorized college employee or otherwise establish the individual’s identity to the satisfaction of the authorized college employee.  

D. Encampments

1. The construction or occupation of a Camping Tent is prohibited.  

a. “Camping Tent” means any collapsible tent or structure, typically having as its basic components a flexible material supported by a framework, designed, intended, or used as temporary shelter while camping or on recreational outdoor outings.  Camping Tents may include tents known as “pup tents,” “dome tents,” “cabin tents,” “hiker tents,” and “backpacking tents.”  

b. A “Camping Tent” does not include a tent with all sides entirely open and where there is an unobstructed view into such tent from the outside at all angles.  All other conduct provisions apply to the use of open tents.  

c. Only tents approved in advance pursuant to the MGCC college facility use rules shall be permitted.  No Camping Tents shall be permitted at any time.  All tents of any type must be removed no later than campus closing time.

2. Camping is prohibited on property owned, leased, or operated by the College, Virginia Community College System, or their foundations.  

a. “Camping” means the act of using any part of the property or facilities for living accommodation purposes, such as establishment of temporary or permanent living quarters, sleeping outdoors overnight or making preparations for overnight sleeping (including the laying down of bedding), storing personal belongings, using any tent, shelter, or similar structure regardless of size for sleeping; sleeping in, on, or under parked vehicles, or setting up temporary or permanent sleeping areas outdoors or in structures not designated for human occupancy.  

b. “Camping” does not include the use of College, VCCS, or their foundations’ property that has been wholly or partially designated as sleeping or relaxation areas; a tailgating activity in conjunction with a College, VCCS, or foundation event; or the use of temporary hammocks or lounge furniture for recreation or studying activities outdoors on College, VCCS, or foundation owned property during the hours the college is open.  

3. These prohibitions shall not apply to the College, the Virginia Community College System Office, or the College or System foundations or to Non-Camping Tents erected for their use.    

4. These prohibitions shall not apply to federal, state, or local governments or their agencies or to Non-Camping Tents erected for their use.  

E. Applicability:  

1. The Code of Conduct, including this Addendum, shall apply both to the conduct of individual students as well as student organizations.

2. Each recognized student organization shall represent that its activities and the activities of its members will not violate federal, state, or local law; or the College’s Code of Conduct, including this Addendum.  

3. The Code of Conduct, including this Addendum, applies to all student activities within College, VCCS, or their foundations’ programs or activities wherever located.  The Code of Conduct, including this Addendum, also applies to all student conduct occurring on the College campus and on any property owned, leased, or operated by the College, VCCS, or their foundations. The Code of Conduct, including this Addendum, additionally applies to any property used as a student residence and in regard to which students have expressly agreed to abide by or provided written consent to be governed by College policies. Violations of other College or VCCS policies may result in disciplinary action under the Student Code of Conduct.  

Student Conduct, Policy Procedure and Sanctions

This Student Code of Conduct outlines the expectations of students enrolled at Mountain Gateway Community College (MGCC). Students are subject to college jurisdiction, meaning it is expected that the Conduct Code be maintained while a student at the college. By enrolling, students agree to adhere to college policies and contribute to a respectful academic environment. The college reserves the right to take disciplinary action against any student whose conduct, in the opinion of college representatives, adversely affects the college’s pursuit of its educational objectives. Students who are involved in the conduct process should expect any sanctions imposed to be enforced at all college campuses in Clifton Forge, Virginia and Buena Vista, Virginia.

The Code of Conduct shall apply both to the conduct of individual students as well as student organizations. Each recognized student organization’s activities and the activities of its members will not violate federal, state, or local law; or the college’s Code of Conduct.

The Code of Conduct applies to all student activities within the college, VCCS, or their foundations’ programs or activities wherever located. The Code of Conduct also applies to all student conduct occurring on the college campus and on any property owned, leased, or operated by the college, VCCS, or their foundations. The Code of Conduct additionally applies to any property used as a student residence and in regard to which students have expressly agreed to abide by or provided written consent to be governed by college policies. The Code of Conduct also applies to acts of misconduct or criminal acts that are not committed on college property if the acts arise from college activities that are being conducted off the college’s campuses, or if the conduct undermines the security of the college community or the integrity of the educational process or poses a serious threat to self or others.

Our Vision:
The College changes lives, strengthens community, and provides pathways to success.

Our Values:
Accessibility - We value the opportunity to provide the residents of our service region appropriate pathways through which they can achieve educational and professional goals without barriers of cost, distance, or time.

Learning - We value the process of teaching and learning, the sharing of knowledge, the importance of innovation, and the empowering of all students with the tools to reach their academic potential and maximum career success.

Community - We value the diverse perspectives, backgrounds, and beliefs that collectively form the MGCC community, and we embrace these differences among students, employees, and community members as ways to enrich, grow and thrive-as individuals and as an institution.

Integrity - We value the belief that the dream of educational attainment is best realized when all members of the MGCC community respect academic honesty, promote accountability, and demonstrate responsibility for themselves and others.

Definitions

As used in this Code of Conduct, the following terms shall have the following meanings:

Academic Dishonesty - This is when a student intentionally engages in deceptive conduct to gain an unfair advantage in his/her academic work.

Advisor - Any one person designated by the accused student to support the student through the conduct process. This person can include, but is not limited to a parent, friend, college faculty or staff member, or attorney (at the student’s own expense).

Prohibited Conduct

Violating the student code of conduct by engaging in prohibited behavior is subject to disciplinary action. Violations include, but are not limited to, the following:

1. Abuse: Any physical or verbal behavior, action, or words that restrict a person’s rightful actions and cause a reasonable person to feel threatened or intimidated.
   1. Physical Abuse is defined as the use of physical force or violence that attempts to or causes harm, restricts the freedom, action, or movement of another person, or endangers the health or safety of another person and restricts his/her rights. Physical abuse also includes physical behavior that involves an expressed or implied threat to interfere with an individual’s personal safety, academic efforts, employment, or participation in college-sponsored extracurricular activities or causes the person to have a reasonable apprehension that such harm is about to occur.
   2. Verbal Abuse is defined as any verbal, written, visual, or gesture directed to someone that would cause a reasonable person to feel fear or intimidation and could interfere with an individual’s personal safety, academic efforts, employment, or participation in college-sponsored activities. This can include excessive yelling, name-calling, insulting, and other forms of verbal abuse.
2. Bomb Threat/Threats of Mass Violence: Students who make a threat of mass violence against college property and people on it, or encourage, incite, entice, or solicit any person to commit such a threat, shall be disciplined by the college and recommended for criminal prosecution to the full extent of the law. See Threat Assessment Team and Threat Incident Report for additional details.
3. Cheating: This is a form of academic dishonesty. Using or attempting to use unauthorized materials, information, or study aids in any academic exercise. This includes using another person’s work and then submitting as one’s own work; allowing another to take an examination in one’s name; submitting identical or similar papers in more than one course without obtaining permission from the instructors of all the courses involved. See Academic Integrity and Dishonesty Policy
4. College Misrepresentation: Unauthorized use of the college’s name, logo, and/or other official college graphics.
5. Copyright Infringement: Conduct or activities that violate federal copyright laws including, but not limited to, written or electronic media.
6. Data Misrepresentation: This is a form of academic dishonesty. Fabricating data; deliberately presenting assignment data that were not gathered in accordance with assigned guidelines or are deliberately fabricated; or providing an inaccurate account of the method by which the data were gathered and generated. See Academic Integrity and Dishonesty Policy
7. Destruction of Property: Attempted or actual damage to property of the college or personal property of another, on or off campus, without permission.
8. Dishonesty: Furnishing false information to any college official, faculty member, office, or fellow student including, forgery, lying, or deception.
9. Disruptive Acts:
   1. Disrupting or obstructing the normal learning, living, or work environments of other members of the college community or the functions or activities of the college (as well as activities conducted on the college’s property with its permission) is prohibited. Examples include: blocking entrances, corridors or exits; interfering with ongoing educational activities, cultural events, or recreational, extracurricular or athletic programs; unauthorized presence in a building after normal closing hours or after notice that the building is being closed; interfering with vehicular or pedestrian traffic; creating unsanitary conditions; and interfering with any other effort to protect the health and safety of members of the college community or larger public. 
   2. No person may obstruct, disrupt, or attempt by physical force to cancel or discontinue speech by any speaker or the observation of speech by any person intending to see or hear a speaker.
   3. Substantially unmanageable behavior inside or outside of the classroom or an administrative office, that interferes with teaching, research, administration, or other college or college-authorized activities, or infringes on the rights of others. This includes disruptive behavior at student activities or during college-sponsored trips.
10. Emergency Safety: Violations of campus or college emergency regulations, such as failing to comply with emergency evacuation procedures.
11. Encampment:
    1. The construction or occupation of a Camping Tent is prohibited.
       1. “Camping Tent” means any collapsible tent or structure, typically having as its basic components a flexible material supported by a framework, designed, intended, or used as temporary shelter while camping or on recreational outdoor outings. Camping Tents may include tents known as “pup tents,” “dome tents,” “cabin tents,” “hiker tents,” and “backpacking tents.”
       2. “Camping Tent” does not include a tent with all sides entirely open and where there is an unobstructed view into such tent from the outside at all angles. All other conduct provisions apply to the use of open tents.
       3. Only tents approved in advance pursuant to the college Facility Use Rules shall be permitted. No Camping Tents shall be permitted at any time. All tents of any type must be removed no later than 11:00 p.m.
    2. Camping is prohibited on property owned, leased, or operated by the college, Virginia Community college System, or their foundations.
       1. “Camping” means the act of using any part of the property or facilities for living accommodation purposes, such as establishment of temporary or permanent living quarters, sleeping outdoors overnight or making preparations for overnight sleeping (including the laying down of bedding), storing personal belongings, using any tent, shelter, or similar structure regardless of size for sleeping; sleeping in, on, or under parked vehicles, or setting up temporary or permanent sleeping areas outdoors or in structures not designated for human occupancy.
       2. “Camping” does not include the use of college, VCCS, or their foundations’ property that has been wholly or partially designated as sleeping or relaxation areas; a tailgating activity in conjunction with a college, VCCS, or foundation event; or the use of temporary hammocks or lounge furniture for recreation or studying activities outdoors on college, VCCS, or foundation owned property during the hours of 6:00 a.m. until 11:00 p.m.
    3. These prohibitions shall not apply to the college, the Virginia Community College System Office, or the college or System foundations or to Non-Camping Tents erected for their use.
    4. These prohibitions shall not apply to federal, state, or local governments or their agencies or to Non-Camping Tents erected for their use.
12. Facilitating Academic Dishonesty: This is a form of academic dishonesty. Helping or attempting to help another commit an act of academic dishonesty or seeking unauthorized answers for assignments, quizzes, or tests. See Academic Integrity and Dishonesty Policy
13. Failure to Comply: Failure to obey the directions of authorized college officials given in the performance of his/her duties, including, but not limited to, failure to identify oneself when requested to do so; failure to comply with the terms of a disciplinary sanction; refusal to vacate a college facility when directed to do so.
14. Falsifying Documentation: Alteration or misuse of any college document or record. This includes any instrument of identification.
15. Fire Setting: Unauthorized setting of fires, or attempt to do so, on college property.
16. Gambling: An organized opportunity for others to bet or risk something of value (like money) based on a chance outcome that is out of his/her control or influence with the understanding that they will either gain increased value or lose his/her original value determined by the specific outcome is prohibited on campus without proper approval. Examples include, but are not limited to, holding a raffle or lottery on campus or at college functions without permission or approval.
17. Harassment: Defined as severe, pervasive, and objectively offensive speech or actions that undermine equal access to educational benefits or opportunities.
18. Hazing: “Hazing” means to recklessly or intentionally endanger the health or safety of a student or students or to inflict bodily injury on a student or students in connection with or for the purpose of initiation, admission into or affiliation with or as a condition for continued membership in a club, organization, association, fraternity, sorority, or student body regardless of whether the student or students so endangered or injured participated voluntarily in the relevant activity. Under Virginia law, hazing that causes bodily injury is a criminal act, whereby a person convicted is guilty of Class 1 misdemeanor. Instances of hazing which cause bodily injury shall be adjudicated under this policy, and reported to the applicable Commonwealth’s Attorney’s office in compliance with Virginia Code § 18.2-56. See Hazing Policy.
19. Indecent Conduct: Lewd or obscene conduct, including but not limited to public urination, performing sexual acts in public, or surreptitiously taking pictures or videos of individuals in private areas like locker rooms or restrooms. This also includes unauthorized recording or sharing video, audio, or photograph of any person(s) without his/her consent in any place where there is a reasonable expectation of privacy.
20. Interference with Safety Equipment/Personnel: Tampering with or unauthorized use of or interference with fire or emergency equipment (including but not limited to fire extinguishers, fire alarms, and other apparatus) and interference with the actions of emergency personnel.
21. Littering: Improperly disposing of trash of any kind. This includes leaving, throwing, or dropping trash anywhere other than in containers designated for trash disposal. This also includes dumping substances or objects into bodies of water.
22. Masking to Conceal Identity: Consistent with Virginia Code § 18.2-422, any individual who is present on college property or attending a college event who is wearing a mask, hood, or other device whereby a substantial portion of the face is hidden or covered so as to conceal the identity of the wearer, must present a valid college or government issued identification document containing both the person’s legal name and photograph when requested by a Security Officer or otherwise establish the individual’s identity to the satisfaction of a Campus Administrator.
23. Minors on Campus: Bringing a minor on campus in violation of college policies is prohibited conduct. While the college community generally welcomes students and their families to our campuses, safety and other operational goals require that minors who are not enrolled in courses or participating in college-sponsored events or activities always remain under the direct supervision of a responsible adult or family member.  See Minors on Campus
24. Parking: Students are expected to comply with college parking regulations. Parking spaces for persons with disabilities and visitors’ areas are reserved for those purposes. Vehicles improperly parked in those areas may be ticketed or towed at the owner’s expense. Repeated offenses of the college’s parking policies may result in disciplinary action under this Code.
25. Plagiarism: This is a form of academic dishonesty. Presenting as new and original an idea or product derived from an existing source without proper citation. This may include unauthorized use of AI tools. See Academic Integrity and Dishonesty Policy.
26. Possession/Distribution/Consumption of Alcohol and Marijuana: Use of alcoholic beverages or marijuana products without a college-granted use permit as detailed under college facility policies, including the purchase, serving, consumption, possession, or sale on college property or at college-sponsored events; being under the influence of alcohol or marijuana on college property or at college-sponsored events in violation of the Mountain Gateway Community College Policy. See MGCC Drug and Alcohol Prevention Program
27. Possession/Distribution/Consumption of Illegal Drugs or Controlled Substances: Possessing, using, selling, manufacturing, distributing, or being under the influence of controlled substances while on campus or at college-sponsored events, in violation of the Mountain Gateway Community College Illegal Drugs Policy. See MGCC Drug and Alcohol Prevention Program
28. Retaliation: Engaging in intimidation, threats, coercion, harassment, discrimination, or other adverse action against any other person for the purpose of interfering with any right or privilege provided under a policy, or because the person has made a report or filed a formal complaint, testified, assisted, or participated or refused to participate in any manner in an investigation or process afforded under policy.  Action is generally deemed adverse if it would deter a reasonable person in the same circumstance from opposing practices prohibited by a policy.
29. Riot: Participating in or inciting a violent disturbance of the peace in a crowd or disorder in an assembly.
30. Sexual Exploitation: Sexual exploitation occurs when a person takes non-consensual or abusive sexual advantage of another for his/her own advantage or benefit, or to benefit or advantage anyone other than the one being exploited, and that behavior does not otherwise constitute one of other sexual harassment offenses. Examples of sexual exploitation include prostituting another person; non-consensual video or audiotaping of otherwise consensual sexual activity; going beyond the boundaries of consent (such as letting your friends hide in the closet to watch you having consensual sex) and knowingly transmitting HIV or another sexually transmitted disease to another person.
31. Sexual Harassment: Engaging in conduct on the basis of sex that satisfies one or more of the following:
    1. Quid Pro Quo: The submission to or rejection of such conduct is used as the basis for educational or employment decisions affecting the student or employee either explicitly or implicitly.
    2. Hostile Environment: Unwelcome conduct determined by a reasonable person to be so severe, pervasive, and objectively offensive that it effectively denies a person equal access to an education program or activity of the college, including a student’s educational experience or an employee’s work performance; and
    3. Clery Act/VAWA Offenses: Sexual assault /sexual violence, dating violence, domestic violence, and stalking, as defined in this policy.
32. Sexual Misconduct: Engaging in Sexual Harassment as defined herein, that falls outside of the jurisdiction for a formal complaint and the processes set forth in the Sexual Harassment Policy pursuant to Title IX. See Sexual Harassment Policy
33. Stalking: Engaging in a course of conduct directed at a specific person that would cause a reasonable person to fear for his/her safety or the safety of others or suffer substantial emotional distress. Such conduct can occur in person or online, but the conduct must involve an education program or activity of the college. See Sexual Harassment Policy
34. Threatening or Intimidating Behavior: Any words or actions that express, imply, or encourage an actual threat to the safety or well-being of others or college property. This includes fighting words that inherently are likely to provoke a violent reaction.
35. Theft: Stealing or possessing unauthorized material, including taking property belonging to another person or to the college without authorization or through unlawful means.
36. Tobacco/Smoking Violation: Violating college policy by smoking, vaping, using a hookah, or consuming any type of tobacco product in any college facility or outside of designated areas, or within 25 feet of any college building.
37. Unapproved Animals: Unapproved animals, including pets, are not permitted in college buildings or at college-sponsored activities on or off campus unless stated otherwise. This prohibition does not apply to Service Animals that support people with disabilities.
38. Unauthorized Use of Electronic Devices: Violating established classroom or college policy by unauthorized use of electronic devices in the academic setting.
39. Unauthorized Use of Facilities, Property, or Resources: Unauthorized entry, use, or occupation of college buildings or facilities.
40. Unprofessional or Inappropriate Behavior within a Program-Specific Setting, Clinical Environment, or Internship Experience: Conduct that is non-compliant with standards and expectations set forth in academic programming handbooks in a program in which the student is participating. This includes the professional or accreditation standards identified in the program handbook and/or a violation of clinical or other affiliated site expectations or guidelines as part of the program curriculum.
41. Violation of IT Security Policies: Violating the college’s online security policy. See MGCC Computer Guidelines
42. Violations of Laws, Regulations, and Ordinances: Prohibited conduct includes violations of federal, state, or local laws, regulations, orders, or ordinances.
    1. Students have a continuing duty to promptly report to the Office of Student Rights and Responsibilities, any arrests for violations of federal, state, local, or international law, excluding minor traffic violations that do not result in injury to others. This duty applies regardless of where the arrest occurred (inside or outside the Commonwealth of Virginia) and regardless of whether the college is in session at the time of the arrest. An arrest includes the issuance of a written citation or summons regardless of whether the student is taken into custody by law enforcement. Charges related to driving under the influence of alcohol or other drugs are not “minor traffic violations” and must be reported.
43. Weapons Violation: Possession or carrying of any weapon by any person, except a police officer, is prohibited on college property in academic buildings, administrative office buildings, student centers, child care centers, dining facilities and places of like kind where people congregate, or while attending any sporting, entertainment, or educational events. Entry upon the aforementioned college property in violation of this prohibition is expressly forbidden. A student in violation of this prohibition will be asked to remove the weapon immediately and may be subject to a referral for further discipline under this Policy. For additional definitions, including what constitutes a “weapon” for purposes of this policy, refer to the MGCC Weapons Policy
    VA Weapons Regulation - VA Weapons Policy.

Disciplinary Procedures

All students are afforded the right to due process for any violation. This process is defined below:

1. Incident Report is Submitted
   1. Any academic or administrative official, faculty member, student, or member of the public may file a complaint against any student for misconduct. Reports can be submitted to MGCC Threat Incident Report
   2. Any administrator, college official, faculty member, or student wishing to file complaints against a college employee must follow a separate protocol as outlined in the human resource policy manual or the formal complaint procedure. The complaint procedure is available at [Insert HR College Reporting Procedures/Link Here].
   3. If the alleged violation involves allegations of Sexual Harassment as defined herein, the report must be referred to the Title IX Coordinator for evaluation under the college’s Policy on Sexual Harassment (VCCS Appendix I to Section 6.0, as adopted by the college). See Sexual Harassment Policy     The Mountain Gateway Community College’s policy takes precedence for any conduct falling within its jurisdiction.
      1. If the Title IX Coordinator determines that the conduct as alleged does not fall under that policy, then the Coordinator will refer the matter back to the Associate Vice President of Student Affairs to be addressed as described herein.
      2. If the Title IX Coordinator determines that the conduct as alleged does fall under that policy, the referral to the Title IX Coordinator should be documented. The alleged violation will be adjudicated through Title IX procedures and not through the Conduct Code described herein.

d.  If the Associate Vice President of Student Affairs believes that the alleged conduct presents an immediate danger to the community, the report will be immediately referred to the Mountain Gateway Community College Care/Threat Assessment Team.

1. The Associate Vice President of Student Affairs may also proceed with interim actions afforded under this policy and concurrently proceed with the processes described herein after the referral to the Care/Threat Assessment Team is made.
2. The Associate Vice President of Student Affairs may take additional actions after/if receiving a recommendation from the Care/Threat Assessment Team.

e.  If the alleged violation involves academic dishonesty, the case will be adjudicated through the college’s Academic Dishonesty Policy and Procedures as found in Academic Integrity and Dishonesty Policy

1. Review of the Report
   1. When the Associate Vice President of Student Affairs receives a formal complaint that a student has allegedly violated the Conduct Code, the Associate Vice President of Student Affairs shall investigate the alleged violation. After completing the preliminary investigation, the Associate Vice President of Student Affairs will either:
      1. Dismiss the allegation as unfounded, or
      2. Issue a notice of incident and schedule an informal hearing between the student and Associate Vice President of Student Affairs to discuss the charges.
2. Informal Hearing
   1. If the Associate Vice President of Student Affairs determines an informal hearing is required as described in Provision 2, a notice of incident and informal hearing meeting request will be sent to the student via mail and/or college-provided email address contained in the college record.
      1. The notice of incident will inform the student of the alleged violation of the student code of conduct.
      2. The notice will instruct the student to respond within five (5) business days from the date of the correspondence to arrange an informal hearing.
      3. An informal hearing time will be set after consultation with all parties involved but must occur within fourteen (14) business days of the date the notice of incident was sent to the student.
      4. If the student fails to respond or appear, the Associate Vice President of Student Affairs may not make an inference of responsibility due to the student failing to respond or appear. The Associate Vice President of Student Affairs may still find the student responsible, if supported by the weight of the evidence obtained, and impose sanctions.
   2. During the informal hearing, the Associate Vice President of Student Affairs will advise students of allegation(s) and explain the student conduct process and clarify student’s rights and responsibilities. The student may present his/her case and any mitigating circumstances. Every effort will be made to resolve the matter by mutual agreement.
   3. After the informal hearing, the Associate Vice President of Student Affairs will take one of the courses of action listed in the Provision 4, “Disposition of a Violation”.
3. Disposition of a Violation As a result of the informal hearing, the Associate Vice President of Student Affairs may select one of the following (4a, 4b, or 4c) as a course of action, depending on the circumstances:
   1. Proceed administratively if it is determined that the facts of the alleged violation are not in dispute by the student.
      1. When the facts of the alleged violation are not in dispute, the Associate Vice President of Student Affairs may administratively dispose of any violation.
      2. In administratively disposing of a violation, the Associate Vice President of Student Affairs may impose any disciplinary action authorized under the section entitled “Sanctions.” Mitigating circumstances presented by the student shall be considered. Whether the mitigation offered by the student is sufficient to affect the final disposition is within the discretion of the Associate Vice President of Student Affairs.
      3. The Associate Vice President of Student Affairs will prepare a decision letter within five (5) business days and forward a copy to the student and to other appropriate administrative personnel.
         1. The decision letter will set forth both the finding and rationale in support of the finding.
         2. The decision letter will outline any sanctions imposed.
         3. The decision letter will become part of the student’s conduct record.
         4. The decision letter will include information on the appeal process.
         5. In cases of suspension or dismissal, the complainant must also be notified of the outcome in compliance with Code of Virginia § 23.1-412.
   2. Proceed administratively if it is determined that the facts of the alleged violation are in dispute and/or must be further investigated.
      1. When the facts of the alleged violation are in dispute, the Associate Vice President of Student Affairs may elect to gather additional information concerning the allegation and then choose to administratively dispose of the violation or refer the case to a formal conduct hearing.
      2. If the Associate Vice President of Student Affairs elects to gather more information, follow-up with the accused student must occur within ten (10) business days of the informal hearing.
      3. If the Associate Vice President of Student Affairs, upon initial review of the report in Provision 2 above, determines that the alleged violation, if founded, could result in a sanction of suspension or dismissal from the college or program and the student disputes the facts of the alleged violation, the Associate Vice President of Student Affairs must refer the case to a Conduct Hearing Committee and proceed under 4c. The Associate Vice President of Student Affairs may elect to defer to the Conduct Hearing Committee as described in 4c at any time prior to rendering a determination if facts discovered during the investigation, in the discretion of the Associate Vice President of Student Affairs, warrant review by the Conduct Committee.
      4. In administratively disposing of the violation where the facts are in dispute, the Associate Vice President of Student Affairs will:
         1. Make a finding of responsible or not responsible.
         2. If the student is found responsible, the Associate Vice President of Student Affairs will impose disciplinary measures authorized under the section entitled “Sanctions.” Mitigating circumstances presented by the student shall be considered. Whether the mitigation offered by the student is sufficient to affect the final disposition is within the discretion of the Associate Vice President of Student Affairs.
         3. Prepare a decision letter and forward a copy to the student and to other appropriate administrative personnel.
            1. The decision letter will set forth both the finding and rationale in support of the finding.
            2. The decision letter will outline any sanctions imposed.
            3. The decision letter will become part of the student’s conduct record.
            4. The decision letter will include information on the appeal process.
   3. Refer the case to a formal conduct hearing.
      1. When the Associate Vice President of Student Affairs decides 4a and 4b do not apply and decides to refer the case directly to a conduct hearing, the steps outlined in Provision 5 “Formal Conduct Hearing” will be followed.
      2. The Associate Vice President of Student Affairs will prepare a formal complaint based on the allegation along with a list of witnesses and documentary evidence supporting the allegations.
4. Formal Conduct Hearing
   1. The conduct hearing committee will be selected by the Associate Vice President of Student Affairs.
      1. The committee shall consist of three (3) members composed of a combination of staff and faculty plus one student member. All members must be trained in the conduct process. Associate Vice President of Student Affairs To the extent possible, the committee should be composed of individuals uninvolved in the allegation and without prior knowledge of it.
      2. The names of the hearing committee members shall be provided to the student at the time of selection. The student may object to a committee member on the basis of bias or other good cause shown and request that another person be chosen from the list in that same category. One student-requested substitution, with written justification, is permitted.
      3. A committee member who is selected for the hearing may request that another person be chosen if the selected member believes he/she cannot provide a fair judgment in the matter. The objecting committee member must provide a written justification to the Associate Vice President of Student Affairs in support of removal. The removal of the proposed committee member is at the discretion of the Associate Vice President of Student Affairs.
   2. The conduct hearing committee will set the date, time, and place for the hearing.
      1. The Associate Vice President of Student Affairs will notify the student by email, mail, or by hand delivery of information pertaining to the date, time, and place of the hearing. The notice of the hearing will be sent within five (5) business days following confirmation of the hearing committee membership.
      2. The hearing will take place within ten (10) business days of the selection of the conduct hearing committee, unless an extension is mutually agreed upon between the student and the college.
      3. The Associate Vice President of Student Affairs will have the discretion to alter the arrangements of the hearing for good cause.
   3. The conduct hearing committee will hold the hearing as scheduled and determine a ruling whether or not the student is present, provided the committee has confirmation that the student received actual notice of the date, time, and place of the hearing.
   4. The student alleged to have violated the Conduct Code has the right to be accompanied by an advisor, who may come from within or outside the college. The participation of the advisor shall be restricted to advising the accused only. The advisor shall not participate in the actual proceedings of the hearing, to include discussion with the Associate Vice President of Student Affairs or examination of the witnesses. The advisor shall be required to sign a confidentiality agreement as a condition of participation.
   5. The committee will presume a student is not responsible for the alleged violation unless and until the facts and information presented support a decision to the contrary. A student will be found in violation when the preponderance of the evidence (over 50%) indicates that the student has violated the Conduct Code.
   6. The committee will proceed as follows during the hearing:
      1. The Associate Vice President of Student Affairs reads the complaint.
      2. The Associate Vice President of Student Affairs presents the college’s case. Any person giving testimony may be questioned, at the completion of the witness’s testimony, by the student. The Associate Vice President of Student Affairs has the right to ask questions of the witness at any time and to recall witnesses at his/her discretion.
      3. The student presents his/her defense and any mitigating circumstances. The committee shall not require the student to testify, nor shall the committee prevent the student from testifying. Any person giving testimony on behalf of the student may also be questioned by the Associate Vice President of Student Affairs.
      4. The Associate Vice President of Student Affairs and the student may present rebuttal evidence and argument.
      5. Committee members may freely question witnesses at any time.
      6. In a closed meeting, the conduct hearing committee will discuss the case and vote whether or not there has been a violation of the Conduct Code. If a majority of the committee (at least 2 out of 3 voting members) find the student violated the Conduct Code.
      7. The committee will select and recommend an appropriate sanction from the list in the section entitled “Sanctions”. Determination of the sanction must be approved by a majority of the committee members. The committee must also provide a rationale for the recommended sanction.
      8. The committee will notify the Associate Vice President of Student Affairs of the committee’s decision and its recommended sanction in writing, if any, within 24 hours of the conclusion of the hearing.
   7. The Associate Vice President of Student Affairs has the discretion to accept the hearing committee’s recommended sanctions or impose another sanction supported by the evidence. After the Associate Vice President of Student Affairs makes the final determination on any sanctions, the officer will then prepare a decision letter and forward a copy to the student, the hearing committee, and other appropriate college personnel within five (5) business days of the conclusion of the hearing.
      1. The decision letter will set forth both the finding and rationale in support of the finding.
      2. The decision letter will outline any sanctions imposed (if a student is found responsible).
      3. The decision letter will become part of the student’s conduct record.
      4. The decision letter will include information on the appeal process (if a student is found responsible).
      5. This notification will be sent via the student’s college-provided email account and/or physical mail to the student.
      6. New information that becomes available after the conclusion of the hearing but prior to the final decision of the [Associate Vice President of Student Affairs] may, at the discretion of the Associate Vice President of Student Affairs, be referred to the conduct hearing committee for reconsideration of the case.
      7. In cases of suspension or dismissal, the complainant must also be notified of the outcome in compliance with the Code of Virginia § 23.1-412.
   8. Hearing Records
      1. All relevant evidence will be given to the committee during the hearing and be made part of the hearing record.
      2. The hearing record will also include a copy of the notice of the hearing that was provided to the student.
      3. The hearing record will be forwarded to the Associate Vice President of Student Affairs and securely maintained.8

General Provisions

1. Throughout the conduct process, the student may continue to attend classes, unless the Associate Vice President of Student Affairs determines that the student’s continued presence poses a significant disruption to the educational rights of other students.  The Associate Vice President of Student Affairs must make a request for interim action from a college-designated administrator, who can approve or deny the recommended interim action. Depending on the nature of the alleged violation, interim actions may include, but are not limited to, interim suspension 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. If an interim action is determined to be needed, the Associate Vice President of Student Affairs will notify the student in writing of the specific facts and circumstances that make the action necessary. This decision is not appealable.
2. Students needing assistance or disability accommodation with respect to these procedures must request such in a timely manner so that appropriate actions can be taken without unnecessary delays to the process. Students should contact Associate Vice President ofv Student Affairs. Her email is sostling@mgcc.edu with requests or contact our Single Stop/ ADA Coordinator hfasig@mgcc.edu  with questions or for assistance.
3. The college investigates all reports of sexual harassment or sexual misconduct. Incidents of alleged sexual harassment should be reported to the college’s Title IX Coordinator, by submitting Students should contact the HR Director at atolley@mgcc.edu  See Sexual Harassment Policy. The Sexual Harassment policy takes precedence for any conduct falling within its jurisdiction.
4. Conduct violations that are specific to a program of study, as detailed in a program handbook, must be adjudicated through this Conduct Code.
5. A student is presumed to be mentally and physically fit to participate in educational programming when he or she enrolls. If a student’s conduct indicates they may not be fit, the college can require an evaluation of fitness to continue educational programming. The student will be required to follow any recommendations made by the evaluator.

Academic Integrity Policy Statement

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. The following conduct, including Cheating, Data Misrepresentation, Facilitating Academic Dishonesty, or Plagiarism, in addition to others at the college’s discretion, will be adjudicated in accordance with processes set forth by the college’s Academic Integrity policy and process, consistent with the terms and definitions herein.

Integrity and Dishonesty Policy.

Student Conduct Records Retention

Mountain Gateway Community College follows Library of Virginia standards on retaining student conduct records; see Code of Virginia § 42.1-85. More information can be found on the Library of Virginia records management and retention website under schedule GS-111.

Permanent sanctions on the student transcript, such as suspension or dismissal, are retained indefinitely.

Concluding Statement

This policy aims to foster an environment conducive to learning. All students are expected to understand and comply with these guidelines to maintain their standing within the college community.

Academic Integrity, Policy Procedure and Sanctions:

Academic Integrity

Below is a list of violations of academic integrity that are subject to disciplinary action. This list is not all-inclusive.

1. Cheating on an examination or quiz - either giving or receiving information
2. Copying information from another person for graded assignments
3. Using, accessing, or possessing unauthorized materials during tests
4. Collaboration during examinations
5. Buying, selling, providing, or stealing papers, examinations, or other work to be submitted for a class
6. Substituting for another person, or arranging such a substitution for yourself
7. Plagiarism - the intentional or accidental presentation of another’s words or ideas as your own. This includes:
   • Using the exact language of someone else without the use of quotation marks and without giving proper credit to the author. This includes memorizing exact wording but not giving credit to the author on a paper or exam.
   • Presenting the sequence of ideas or arranging the material of someone else even though such is expressed in one’s own words, without giving appropriate acknowledgement.
   • Submitting a document written by someone else but representing it as one’s own.
   • Ignorance of what constitutes plagiarism is not a defense for such a serious infraction.
8. Collusion with another person or persons in submitting work for credit in class or lab, unless such collaboration is approved in advance by the instructor
9. Falsifying documentation
10. Multiple Submissions - It is a violation of academic honesty to submit substantial portions of the same work for credit more than once without the explicit consent of the instructor to whom the material is being submitted
11. Unauthorized use of artificial intelligence (AI) or other automated writing tools to complete assignments unless otherwise stated by the course instructor
12. Having knowledge of an academic integrity violation and not reporting the violation to instructor or college personnel

Policy, Procedure, and Sanctions

Faculty members who have evidence of academic misconduct will:

1. Investigate the matter. Review the facts of the matter and the proposed penalty with the appropriate Program Head.
2. Faculty may then take one or more of the following actions (this information should be included on the class syllabus):
   • Require the work to be accomplished again
   • Award a grade of zero (0) for the assignment
   • Assign a grade of F for the course
3. The Associate Vice President of Student Affairs  will send the student a copy of the Academic Misconduct Notification Letter by Mountain Gateway email or hand delivery within seven business days of becoming aware of the misconduct. The letter should include the charges and sanctions, notify the student that a Report of Academic Misconduct will be filed with the Program Head, and inform the student of the appeal process.
4. Complete a Report of Academic Misconduct Form. A copy of this report, a copy of the Academic Misconduct Notification Letter, and all supporting documentation, will be kept in the office of the Associate Vice President of Student Affairs. The incident will be recorded on the log kept by the office of Associate Vice President of Student Affairs and the hard copy will remain on file in the office of the Associate Vice President of Student Affairs for five years. The report will be destroyed at the end of the five-year period. Electronic copies and logs are housed and kept indefinitely. This information becomes a part of the students’ educational record but is not included on academic transcripts.

First Incident of Academic Misconduct

If this is the first incident of academic misconduct, the instructor’s sanction will be the only penalty. A student may not withdraw from a class in which they received a grade of F for academic misconduct. A grade change will be initiated if a student withdraws before final grades are posted. The incident will be recorded on the log kept by the office of Associate Vice President of Student Affairs and the hard copy will remain on file in the office of the Associate Vice President of Student Affairs for five years. The report will be destroyed at the end of the five-year period. Electronic copies and log are housed and kept indefinitely. This information becomes a part of the students’ educational record but is not included on academic transcripts.

Exceptions include:

(1) In the case of a restricted enrollment program, if a signed agreement for entry into the program has specific clauses about the penalties for academic misconduct or the penalties are defined in the program’s student handbook, those will be followed in addition to or instead of the instructor’s sanction.

(2) In cases of falsified documentation, the case will be referred directly to the Associate Vice President of Student Affairs (or designee) for a conduct committee hearing.

Appeals Process for first incident of Academic Misconduct

If a student wishes to appeal a first incident of academic misconduct made by a faculty member, he/she must complete the Appeal of First Incident of Academic Misconduct Form. The form should be submitted to the office of Associate Vice President of Student Affairs within five business days of being notified of the charge by the faculty member. Students may still attend class while making an appeal of academic misconduct to the student conduct committee. Student Conduct Committee hearing will be held to hear the appeal.

Possible sanctions include:

• Support the penalty imposed by the faculty member
• Award a grade of zero (0) for the assignment
• Assign a grade of F for the course
• Require the work to be accomplished again
• Return the student to former status

Unless the committee returns the student to former status, the report will become a part of the student’s educational record at Mountain Gateway Community College.

All decisions of the Student Conduct Committee will be reviewed by the Associate Vice President of Student Affairs (or designee) prior to notifying the student of the decision. If there is a need to revisit the sanctions imposed, the Committee Chair will ask for a voice vote by e-mail notification within five business days of the review of the Associate Vice President. The Associate Vice President of Student Affairs (or designee) will contact the student in writing via Mountain Gateway email account with the decision of the Student Conduct Committee.

Second Incident of Academic Misconduct

In the case of a second incident of academic misconduct, defined by two reports being filed in the office of the Associate Vice President of Student Affairs, the Associate Vice President of Student Affairs (or designee) will refer the case to the Student Conduct Committee to be heard. The committee may take one of the following actions:

• Support the penalty imposed by the faculty member
• Award a grade of zero (0) for the assignment
• Assign a grade of F for the course
• Require the work to be accomplished again
• Suspension from the college
• Expulsion
• Return the student to former status

Unless the committee returns the student to former status, the report will become a part of the student’s educational record at Mountain Gateway Community College. A student may not withdraw from a class in which they received a grade of F for academic misconduct. A grade change will be initiated if a student withdraws before final grades are posted.

All decisions of the Student Conduct Committee will be reviewed by the Associate Vice President of Student Affairs (or designee) prior to notifying the student of the decision. If there is a need to revisit the sanctions imposed, the Committee Chair will ask for a voice vote by e-mail notification within five business days of the review of the Associate Vice President. The Associate Vice President of Student Affairs (or designee) will contact the student in writing via Mountain Gateway email account with the decision of the Student Conduct Committee.

Third Incident of Academic Misconduct

In the case of a third incident of academic misconduct, defined by three reports being filed in the office of the Associate Vice President of Student Affairs, the case will be referred to the Associate Vice President of Student Affairs (or designee) to be heard by the Student Conduct Committee. The decision of the committee will become part of the student’s educational record. The committee may take one of the following actions:

• Suspension
• Expulsion
• Return the student to former status

Unless the committee returns the student to former status, the report will become a part of the student’s educational record at Mountain Gateway Community College.

All decisions of the Student Conduct Committee will be reviewed by the Associate Vice President of Student Affairs (or designee) prior to notifying the student of the decision. If there is a need to revisit the sanctions imposed, the Committee Chair will ask for a voice vote by e-mail notification within five business days of the review of the Associate Vice President. The Associate Vice President of Student Affairs (or designee) will contact the student in writing via Mountain Gateway email account with the decision of the Student Conduct Committee.

In the case of a second or third offense, all appeals for previous offenses must be completed before hearings are held on those charges.

Three or More Incidents of Misconduct

If a student receives a total of three or more misconduct reports (academic, student, or a combination of both) then the student will automatically be referred to the Student Conduct committee. Disciplinary sanctions available to the Student Conduct Committee are listed below.

• Suspension: Exclusion from classes and other privileges or activities as set forth in the notice for a definite period of time not to exceed two years.
• Expulsion: Termination of student status for an indefinite period. The conditions of readmission, if any, shall be stated in the order of expulsion.

Student Conduct Committee Procedure

The Student Conduct Committee will be convened for student misconduct and academic misconduct allegations on the recommendation of the Associate Vice President of Student Affairs (or designee). The following procedure will be followed:

1. Within five business days of the recommendation of a hearing by the Associate Vice President of Student Affairs (or designee), the student will be sent written notification of the charges and student rights. The written notification will be sent to the student’s Mountain Gateway email account.
2. From the date the notification is emailed to the student’s Mountain Gateway email address, the student will have five business days to respond to the charges.
3. A date for the hearing will be scheduled and reported in writing to the student within ten business days of receipt of the student’s response or the end of the period given for the student to respond. The hearing date will be no more than thirty calendar days from the date the hearing notification is emailed. This period may be extended under reasonable circumstances at the discretion of the Associate Vice President of Student Affairs (or designee).
4. The hearing will be held whether or not the student responds and/or is present.
5. If the student is unable to make the hearing date for good cause, he/she/they should contact the Chair of the Student Conduct committee within five business days of receiving the hearing notification to reschedule the hearing.
6. The Student Conduct Committee will consist of a quorum of three or more members, including the chairperson, elected, or appointed at the beginning of the academic year. Substitutions for members who are unavailable may be made by the Student Conduct Committee Chair.
7. The accused student has the right to be advised by counsel or an advisor who may come from within or outside the institution. Counsel may be present at the hearing and may advise the student during the hearing, but will not be allowed to address the committee.
8. The hearing will begin no later than five minutes after the appointed time, with or without the student and his/her/their counsel present, as long as a quorum of college representatives is present.
9. A transcript will be kept of the proceedings. Written transcripts will be retained in the Office of the Associate Vice President of Student Affairs for five years. Electronic copies and the conduct log are stored indefinitely.
10. The format below will be followed:
    • The committee chair will state the purpose.
    • All persons present will introduce themselves.
    • The committee chair will present the charges.
    • The committee chair will present possible sanctions.
    • The committee chair will ask involved members of the college to speak.
    • The student may ask questions of speakers after all have presented their case.
    • The committee may ask questions of the speakers.
    • The student will be asked to speak.
    • The committee may ask questions of the student or college representatives.
    • All parties except the Student Conduct Committee will be excused, so the committee can discuss the case in private.
    • A vote will be taken of Student Conduct Committee members. The chair is a voting member. A decision will be made by a simple majority vote.
    • Written recommendation will be made by the Student Conduct Committee to the Associate Vice President of Student Affairs.
    • Within five business days of receipt of the committee’s recommendation, the Associate Vice President of Student Affairs (or designee) shall act on the recommendations and provide written notification via Mountain Gateway student email to the student and the Student Conduct Committee of the decision.
11. Findings of the Student Conduct Committee may be appealed to the Vice President of Academic Affairs. The Vice President Appeal - Student Conduct Committee Form must be completed and be received by the Vice President’s office within five business days after the student is notified of the committee’s decision. The Vice President will review the written record and reach a determination.
12. The decision of the Vice President of Academic Affairs is final. There are no further appeals in student misconduct or academic misconduct cases.
13. The student will be allowed to continue with the class until the decision is finalized. However, if no decision is made by the end of the academic semester, an interim grade of “I” (Incomplete) will be issued. Once a student conduct committee decision is made and the student is suspended, dismissed, expelled or fails the course then the student is not allowed to continue to attend class unless appealing to the Vice President of Academic Affairs.

Online and Off-Campus Students

Students who take courses online or at off-campus locations follow the same procedures outlined above. These students may submit all required documentation through their Mountain Gateway student email address. Meetings and hearings can be conducted through a phone call or using web-conferencing technology if the student is not available to come to campus.

Access to Higher Education:

3. Within the limits of its facilities, MGCC shall be open to all applicants who are qualified according to its admission requirements.
   1. The institution shall make clear the characteristics and expectations of students which it considers relevant to its program.
   2. Under no circumstances may an applicant be denied admission because of race, creed, gender, national origin, disability, or any other non-merit factor. Specific program admittance may be limited due to space, academic history, and factors relevant to career job performance.

Classroom Expression:

4. Discussion and expression of all views relevant to the subject matter are permitted in the classroom, subject only to the responsibility of the instructor to maintain order.
   1. Students are responsible for learning the content of any course for which they are enrolled.
   2. Requirements may include participation in classroom discussion and submission of written exercises.
5. Academic evaluation of student performances shall be neither prejudicial nor capricious.
6. Information about student views, beliefs and political associations acquired by persons in the course of their work as instructors and counselors is confidential and is not to be disclosed except with the student’s permission or under legal compulsion. Questions relating to intellectual or skills capacity are not subject to this section except that notice of disclosure must be made to the student.

Campus Expression:

7. Discussion and expression of all views are permitted within MGCC subject only to reasonable restrictions to ensure that the mission of MGCC is not disrupted and to maintain order.
8. Students, groups, and campus organizations may invite and hear any persons of their own choosing subject only to the requirements for use of institutional facilities. (See sections 7 and 13.)
9. Organizations and groups may be established within MGCC for any legitimate and legal purpose. Affiliation with an extramural organization shall not, in itself, disqualify the institution branch or chapter from institution privileges.
10. The following regulations apply to organizations on campus
    1. A group shall become an organization when formally recognized by MGCC. All groups that meet the following requirements shall be recognized.
       1. A group shall submit a list of officers, including an advisor selected from the faculty or staff and copies of the constitution and bylaws to the appropriate institution official or body. All changes and amendments shall be submitted within one week after they become effective.
       2. Where there is affiliation with an extramural organization, that organization’s constitution and bylaws shall be filed with the appropriate institution official or body. All amendments shall be submitted within a reasonable time after they become effective.
       3. All sources of outside funds shall be disclosed.
    2. Upon recognition of the organization, the institution shall make clear that said recognition infers neither approval nor disapproval of the aims, objectives and policies of the organization.
    3. Organizations of a continuing nature must annually institute proceedings for formal recognition if they are to continue receiving the benefits of Sections 14, 15, 16 and 17.
    4. Any organization may conduct on or off campus activities subject to the approval of the Student Government Association and the appropriate college administrators.
    5. Any organization which engages in illegal activities, on or off campus, may have sanctions imposed against it, including withdrawal of institution recognition for a period not exceeding one year.
11. Membership in all institution-related organizations, within the limits of their facilities, shall be open to any member of the institution community who is willing to subscribe to the stated aims and meet the stated obligations of the organizations.
12. Membership lists are primarily for the use of the organization. Names and addresses of officers and members may be required as a condition of access to institution funds.
13. Institution facilities may be assigned depending on availability to organizations, groups and individuals within the institution community for regular business meetings, for social programs and for programs open to the public.
    1. Reasonable conditions may be imposed to regulate the timeliness of requests, to determine the appropriateness of the space assigned, to regulate time and use and to insure proper maintenance.
    2. Preference shall be given to programs designed for audiences consisting primarily of members of the institutional community.
    3. Allocation of space shall be made based on priority of requests and the demonstrated needs of the organization, group or individual.
    4. The institution may delegate the assignment function to an administrative official.
    5. Charges may be imposed for any unusual costs for use of facilities.
    6. Physical abuse of assigned facilities shall result in reasonable limitations on future allocation of space to offending parties and restitution for damages.
    7. The individual, group or organization requesting space must inform MGCC of the general purpose of any meeting open to persons other than members and must provide the names of outside speakers.
    8. Solicitation of funds on or off the college campus will be permitted only with prior approval.
14. The authority to allocate student activity funds or institutional student fees for use by recognized organizations shall be delegated to a body in which student participation in the decisional process is assured.
    1. Approval of requests for funds is conditioned upon submission of budgets to and approval by this body.
    2. Financial accountability is required for all allocated funds, including statement of income and expenses on a regular basis. Failure of an organization to submit an accurate financial statement may result in withdrawal of future funding. Otherwise, organizations shall have independent control over the expenditure of allocated funds.
15. No individual, group, or organization may use the institution’s name without the express authorization of the institution except to identify the institutional affiliation. Institution approval or disapproval of any policy may not be stated or implied by an individual, group, or organization.

Publications:

16. A student, group, or organization may distribute written material on campus without prior approval providing such distribution does not disrupt the operations of MGCC.
17. The student press is to be free of censorship. The editors and managers shall not be subject to disciplinary action because of student, faculty, administration, alumni or community disapproval of editorial policy or content. Similar freedom is assured oral statements of views on an institution controlled and student operated radio or television station. This editorial freedom entails a corollary obligation under the canons of responsible journalism, the First Amendment and applicable regulations of the Federal Communications Commission.
18. All student communications shall explicitly state on the editorial page or in broadcast that the opinions expressed are not necessarily those of the institution or its student body.
19. All constituents of the institutional community are free, individually and collectively, to express their views on issues of institutional policy and on matters of interest to the student body. Clearly defined means shall be provided for student expression on all institutional policies affecting academic and student affairs.

Student Participation and Demonstration:

20. The role of student government and its responsibilities shall be made explicit. There should be no review of student government actions except where review procedures are agreed upon in advance or those that are required by state or college policy.
21. On questions of educational policy, students are entitled to a participatory function.
    1. Faculty-student committees shall be created to consider questions of policy affecting student life.
    2. Students shall be designated as members of standing and special committees concerned with institutional policy affecting academic and student affairs, including those concerned with curriculum, discipline, admissions, and allocation of student funds.
22. The right of peaceful protest is granted. MGCC retains the right to assure the safety of individuals, the protection of property and the continuity of the educational process.
23. Orderly picketing and other forms of peaceful protests are permitted on institution premises with the following qualifications
    1. Such activities must not interfere with entrance or exit from facilities, movement within institution facilities or interrupt classes or damage property.
    2. The institution may choose to impose its own disciplinary sanctions without involving local enforcement bodies.
24. Orderly picketing and orderly demonstrations are permitted in public areas subject to the requirements of noninterference.
25. Every student has the right to be interviewed on campus by any organization that has been approved to recruit at MGCC.
    
    Any student, group or organization may protest against any such organization provided that protest does not interfere with any other student’s right to have such an interview.

Violation of Law and Institutional Discipline:

26. If a student is charged with or convicted of an off-campus violation of law, the matter is of no disciplinary concern to MGCC unless the student is incarcerated and unable to comply with academic requirements or the student represents a clear threat to any member of the college community. The institution may impose sanctions for grave misconduct off campus demonstrating flagrant disregard for the rights of others. In such cases expulsion is not permitted until the student has been adjudged guilty in a court of a law.
27. The institution may institute its own proceedings against a student who violates a law on campus which is also a violation of a published institution regulation. (Note: Institutional rules and regulations differ from civil and criminal laws.)

Sexual Harassment and Sexual Assault (Title IX):

28. Mountain Gateway Community College does not discriminate on the basis of sex in education programs or activities, as required by the United States Department of Education, Office for Civil Rights. The College informs students and employees of definitions of sexual harassment and sexual violence, the procedures of filing complaints, process for resolution and their rights before, during and after proceedings. Additional information can be found at http://www.mgcc.edu/title-ix-clery-act-vawa.

Sexual Harassment:

29. Mountain Gateway Community College prohibits the harassment of any male or female, full- or part- time students by any and all MGCC employees or students. Sexual harassment is defined as unwelcome sexual advances, requests for sexual favors and/or other verbal or physical conduct or written communications of an intimidating, hostile or offensive sexual nature, regardless of where such conduct might occur. Sexual harassment also shall be construed as repeated verbal, physical or written acts that may create a sexually uncomfortable atmosphere.
30. Complaints of unwelcome sexual advances or repeated sexual expressions creating a hostile environment, threats of penalties in order to gain sexual favors or promises seeking to induce sexual favors may be raised through the following procedures:
    1. A report of the incident should be made to the Associate Vice President of Student Affairs if the accused is a student. MGCC’s policy is that the Associate Vice President of Student Affairs will then contact the police. It is the victim’s decision to file charges. If the accused is an employee, the report should be made to the employee’s divisional supervisor. The director/supervisor will inform the accuser of the options for resolution that are available. The options may include mediation, invoking procedures as set forth in the MGCC Code of Conduct, the involvement of law enforcement officials and advising the accuser to seek the advice of an attorney. The anonymity of both the victim and the accuser will be protected whenever possible
    2. The director/supervisor will meet with the accused to review the incident and, based on the director’s/supervisor’s findings and options selected by the accuser, take appropriate action. Action taken may include documentation, referring the case to the College’s disciplinary process and/or involving law enforcement officials.
    3. If either the accuser or the accused is not satisfied with the decision of the director/supervisor, then an appeal may be made to that person’s supervisor, up to and including the President of the College or designee.

Threat Assessment:

31. Mountain Gateway Community College is concerned about the safety, health and well-being of students, faculty, and staff. There are tools in place meant to address issues regarding potential threats and activities disruptive to the mission of the College.
    
    The College has a Threat Assessment Team (TAT/Care Team) that meets to address referrals on individuals who may be acting in ways that signal the potential for harm to themselves or to others. The TAT is charged with addressing all reported behavioral or mental health incidents which occur on campus, the Rockbridge Regional Center, classes/training at an off-site location or on an electronic site, including e-mail, blogs, and Canvas postings.
    
    Anyone may make a referral and a process is in place for handling each case in a proper, prompt and professional manner, respecting the rights and privacy of all parties involved. Questions regarding the TAT may be addressed to the Associate Vice President of Student Affairs at (540) 863-2826.

Bullying:

32. Mountain Gateway Community College is committed to maintaining a safe and comfortable environment that facilitates learning and other productive activities. As such, no acts of bullying will be tolerated. Encouraging fighting, using profanity, exhibiting obscene gestures or taking any actions to create a climate of imminent danger or instill in others fear of bodily harm are not considered appropriate and will not be allowed. Immediate action will be taken by the administration.

Sexual Assault:

33. Sexual assault is defined as sexual intercourse without consent, including rape (whether by acquaintance or stranger), sodomy or other forms of sexual penetration. To constitute lack of consent, the acts must be committed by force, threat of force, intimidation or through the use of the victim’s mental helplessness of which the accused was aware or should have been aware. Mental helplessness includes incapacitation by alcohol or other drugs. Sexual assault also includes intentionally touching either directly or through clothing, of the victim’s genitals, breasts, thighs or buttocks without the victim’s consent, as well as touching or fondling of the accused by the victim when the victim is forced to do so against his or her will.
34. Sexual assault is a crime and as such carries severe penalties as prescribed by law. Due to the criminal nature of the sexual assault, both the accuser and the accused should seek legal advice. It should be noted, however, that the College’s disciplinary proceeding is not a court of law; and as a result, legal representation is not permitted.
35. The reporting and disciplinary procedures for sexual assault are similar to those for sexual harassment with the following notable exceptions:
    1. The accused may be suspended from the College prior to the start of disciplinary procedures. If the accused is an employee, the suspension will be with pay until such time that guilt is adjudged. If the accused is a student and adjudged not guilty, then the student will incur no financial loss resulting from lost tuition.
    2. The College may close the disciplinary procedure to the College community.
    3. The College may involve law enforcement officials immediately upon notification that an incident has occurred.
    4. The College’s disciplinary procedure may be suspended pending the outcome of criminal proceedings.
    5. An individual convicted in a court of law of a sexual assault that occurred at the College or at a College supported activity may be expelled regardless of whether charges are brought through the College’s disciplinary procedures.

Accident & Health Insurance:

36. Certain courses at the College include field/laboratory experiences which require safe and prudent behavior on behalf of students and instructors during travel to and from activities, as well as at on-site activities.
    
    MGCC does not provide accident or health insurance for individual students in these activities. The College assumes no financial responsibility for medical care or emergency services required due to accident or illness of enrolled students.
    
    Students are encouraged and may be required to obtain accident or health insurance or to provide certified proof of such coverage before participating in certain classes and activities.

Animals:

37. Animals are not permitted in classrooms or other indoor spaces. An exception is made for service animals that accompany persons with disabilities; however, the animal must be under control at all times and the College does not assume responsibility for the care and supervision of the animal. Emotional support animals (ESA) and pets that meet the requirements of Virginia law and local Alleghany County ordinances are permitted in outdoor areas of campus only and cannot be left in vehicles. ESA’s and pets are not permitted inside MGCC buildings and facilities.

Children:

38. Children are not permitted to accompany their parents to classes and are not to be left unattended on campus. Arrangements should be made for off-campus child care.

Contagious Diseases:

39. MGCC is committed to the safety, health and well-being of students, especially during the winter season when illnesses are most prevalent. Students should protect themselves and be respectful of others, both at college facilities and throughout the community. Students who are ill should take care of themselves.
    
    Students should not attend classes or other large gatherings if they are ill, and should visit a doctor if it appears that a serious condition may be developing. If college officials observe a student exhibiting symptoms of an illness that may be contagious to others, they may ask that the student leave and return when their symptoms subside.

Dress Code:

40. As the U.S. Department of Education’s Manual on School Uniforms notes, “Dress Codes and/or Uniforms by themselves cannot solve all of the problems of school discipline, but they can be one positive contributing factor to discipline and safety.” This statement is synonymous with MGCC’s goal of maintaining a school climate that effectively fosters learning, provides a setting preparing students for expectations in the adult workplace, and strives for safety, a sense of community, and respect for others. Therefore, sexually provocative or distracting clothing will not be allowed, and for the purposes of hygiene, MGCC requires the body and feet to be appropriately attired.

NOTE: However dressed, instructors have the prerogative to ask students to leave their classroom setting if the student’s appearance is distracting to the instructor’s learning environment.

HIV/AIDS Policy:

41. Discrimination against persons who are HIV positive or who may have AIDS is incompatible with the goals of MGCC and will not be tolerated. Students, staff, and faculty who are HIV positive or who have AIDS will be able to remain in the College as long as they are physically and mentally able to perform their role. Persons in the college community who need assistance in dealing with issues of HIV/AIDS are encouraged to seek the confidential services of an advisor in Student Services, who will refer the person to an appropriate community agency. Information concerning an individual’s HIV status will not be provided to anyone without the expressed written permission of the individual.

Inclement Weather/Emergency Closing Policy:

42. Decisions concerning the closing or late opening of MGCC due to inclement weather will be made by a college administrator in consultation with personnel who live in various parts of the region. The decision is generally made before 5:30 a.m. for day classes and 3:00p.m. for night classes. Students may access this information through local radio and TV stations, the college website, the college switchboard, or an email to official VCCS student email addresses. Students registered with the college’s emergency alert system, MGCC Alert, will be notified of closing or emergencies by text messages, email, and phone (specified by student when registering for MGCC Alert).
    
    Late Openings- During a late opening, MGCC classes will begin meeting as scheduled starting at the late opening start time. For example, if the announcement says that MGCC opens at 10:00 a.m., 8:30 a.m. - 9:45 a.m. classes will not meet. 10:00 a.m. and later starting classes will met as scheduled.
    
    Students should always check with their instructors for proper guidelines for their particular courses, especially if the course meets for a longer period of time than what is shown in the example.

Radio Stations

WKEY-AM- 103.5 Big Country (simulcast on 1340AM)
WJVR-FM- 101.9 The River (simulcast on 1230AM)
WSLC 610 AM/WSLQ 99 FM-Roanoke
WSLW AM 1310 (SportsTalk 1310) -White Sulphur Springs, WV
WXLK 92 FM-Roanoke
WRON FM 103.1, The Bear- Ronceverte, WV
WRON -AM 1400(Newstalk 1400)- Ronceverte, WV
WVTF (RadioIQ/NPR) 89.1 FM-Roanoke

Television Stations

WDBJ 7-Roanoke
WSLS 10-Roanoke

Students are urged to listen for information concerning school closing or delayed opening. Each student must ultimately decide whether it is possible or safe to come to class when the College is open. Every attempt will be made to work with students who are forced to be absent due to weather.

Substance Abuse:

43. Unauthorized manufacture, distribution and/or possession of alcoholic beverages, illegal drugs or controlled substances are prohibited from campus or campus-related functions by both state and federal laws. Students who violate state or federal laws may be referred by college authorities for criminal prosecution.
    
    Whether or not a criminal charge is brought, a student is subject to college discipline for illegally manufacturing, distributing, possessing, or using any alcoholic beverage, illegal drug or controlled substance. Any student found to have engaged in such conduct is subject to the entire range of sanctions specified by the College, including suspension or expulsion. Additional information can be found at http://www.mgcc.edu/mgcc-drug-and-alcohol-prevention-program. 

Tobacco Use:

43. MGCC buildings are tobacco free. Smoking and the use of all other tobacco products are prohibited. Designated smoking areas are identified throughout the campus grounds and should be used by smokers.
44. MGCC prohibits the use of tobacco products in all College owned or leased buildings and vehicles. E-cigs (vapor) devices are also prohibited. Designated smoking areas are identified throughout the campus and grounds.

Title IV Crime Statistics Reporting Requirement:

45. The following information is applicable to the Campus Security Act section of Title IV of the Higher Education Act of 1965. This information sets forth the provisions of compliance of this act to strengthen the security concerns applicable to campus life at MGCC.
    
    The College administration is concerned with the well being and safety of all students and will strictly enforce regulations necessary for the protection of all. Specific policies and crime figures are found on the MGCC web site. Upon request to the Vice President for Finance and Administration or the Associate Vice President of Student Affairs, a copy of the Annual Security Report will be provided.

Privacy:

46. Students have the same rights of privacy as any other citizen and surrender none of those rights by becoming members of the academic community.
47. The institution is neither arbiter nor enforcer of student morals. No inquiry is permitted into the activities of students away from the campus where their behavior is subject to regulation and control by public authorities.
    
    Photographs: Photographs taken of individual students or groups of students in buildings or outdoors on campus may be used by the College for release to newspapers, online and digital or other media, and for reproduction in the College’s publications. If a student does not want a photograph to be used in promotion of the College, that student must notify the photographer at the time the photo is taken or notify the College Public Relations Officer within 24 hours after the photograph is taken.
    
    By attending MGCC and/or participating in on-campus events such as those held on the Clifton Forge campus and those held at the Rockbridge Regional Center, you consent to being photographed, filmed, and/or otherwise recorded. Your presence constitutes your consent to such photography, filming, and/or recording and to use, in any and all media in perpetuity, of his/her appearance, voice and name for any purpose whatsoever in connection with the production of promotional materials for Mountain Gateway Community College.

Student Records:

48. The privacy and confidentiality of all student records shall be reserved. Official student academic records, supporting documents, and other student files shall be maintained only by members of the institution staff employed for that purpose. A separate student academic folder will be maintained which may include, but not be limited to, academic records, supporting documents and general educational records; records of disciplinary proceedings; psychiatric records; and financial aid records.
49. No entry may be made on a student’s academic record and no document may be placed in his or her file without actual notice to the student. Publication of grades, announcement of honors and written correspondence shall constitute notice.
50. Access to his or her records and files is guaranteed to every student subject only to reasonable regulation as to time, place and supervision.
51. A student may challenge the accuracy of any entry or the presence of any item by bringing the equivalent of an equitable action against the appropriate person before the judicial body to which the student would be responsible under Section 1.E.
52. No record may be made in relation to any of the following matters except upon the express written request of the student. The completion of an admission or employment application constitutes permission.
    1. Race
    2. Religion
    3. Political or social views
    4. Membership in any organization other than honorary and professional organizations directly related to the educational process.
53. No information in any student file may be released to anyone except with the prior written consent of the student concerned or as stated below:
    1. Members of the faculty, staff and administration may have access for internal education purposes as well as routinely necessary administrative and statistical purposes.
    2. The following data may be given any inquirer: school or division of enrollment, periods of enrollment and degrees awarded, honors, major field and date.
    3. If an inquiry is made in person or by mail, the following information may be given in addition to that in Subsection B: address and telephone number, date of birth and confirmation of signature.
    4. Properly identified officials from federal, state and local government agencies may be given the following information upon express request in addition to that in Subsections B and C: name and address of parent or guardian if a student is a minor and any information required under legal compulsion.
    5. Unless under legal compulsion, personal access to a student’s file shall be denied to any person making an inquiry.
54. The Family Educational Rights and Privacy Act of 1974 provides for the denial of the release of information in Section B and C by written notification by the student. Notification shall be provided to the registrar at the beginning of each semester. Upon graduation or withdrawal from MGCC, the information contained in the student academic folder will be retained in accordance with the above policy and may be destroyed three years from the date of the student’s separation from the College.

Use of Facilities/MGCC Property

55. Bulletin Boards: Glass-enclosed bulletin boards are for official use. All notices posted must have the approval of the President or, in his absence, the Vice President for Academic Affairs. All notices posted on the board will stay for a period of no more than one week. Unofficial bulletin boards in the Moomaw Center are used by the Office of Student Services. Students may place notices on these boards after securing approval from the Coordinator of Student Activities.
56. Lost and Found: Found items should be turned into Student Services where they may be claimed for up to two weeks before being discarded.
57. Parking Regulations: Parking space is provided for the students subject to the following regulations:
    1. No vehicles shall be parked on the campus more than 12 consecutive hours without prior written permission
    2. All motorized vehicles shall be operated in compliance with Virginia state law
    3. The maximum safe speed on campus is indicated by speed limit signs
    4. Illegal parking will be monitored by the Alleghany County Sheriff’s Department and ticketed as appropriate.
58. Room Use: In order to avoid confusion in the use of rooms for extracurricular activities, all student groups requesting facilities should make application through the Student Activities Office. The request should include the name of the group, time, room number and any special facilities required. There is no charge for campus and course-related usage.
59. Telephones: Office telephones should not be used by students. Student cell phones must be turned off during class and in the Library. Students should be courteous to others in their use of cell phones at all times.