The Title IX Coordinator shall maintain, in a confidential manner, for at least five (5) years, paper or electronic files of all complaints, witness statements, documentary evidence, written investigative reports, review committee records, written corrective action reports, sanctions, appeal hearings and associated documents, the responses taken campus personnel for each complaint, including any interim and permanent steps taken with respect to the complainant and the respondent, and a narrative of all action taken to prevent recurrence of any harassing incident(s), including any written documentation.
AA. This Policy shall be forwarded to the VCCS Office of System Counsel in July of each year to be reviewed and updated as necessary.
Disciplinary Transcript Notations
Students who have been suspended for, have been permanently dismissed for, or have withdrawn from PDCCC while under investigation for an offense involving sexual violence under the college’s sexual misconduct policy will have a notation stating either “Suspended/Dismissed for a violation of, or withdrew while under investigation for a violation of PDCCC’s sexual misconduct policy” placed on their permanent records.
Furthermore, in order to alert other institutions of higher education of a student who was dismissed for exhibiting threatening or dangerous behavior, or otherwise has committed an act of misconduct, colleges may place a statement on the transcript, which shall state “Misconduct Dismissal.”
Prior to making any disciplinary notation on a transcript, colleges shall notify the student in writing of such action and give the student the right to appeal. The appeal may be part of the college’s normal process for conduct cases. Each college shall adopt a policy on disciplinary transcript notations that is consistent with this policy.
Student Information System (SIS) Records Indicators
In addition to the above, PDCCC may place on a student’s SIS record an XTA service indicator when a student is dismissed for misconduct, exhibits threatening behavior, or is determined to be a potential threat. PDCCC shall use the XTA indicator only after a threat assessment team has made a determination that the student poses a threat to the campus community.
PDCCC also may place on a student’s SIS record an XIT service indicator when a student is under investigation for an act of sexual violence. If the student is found “not responsible” following an investigation, PDCCC shall remove the indicator immediately.
For each indicator, prior to placing a service indicator on a student’s SIS record, PDCCC shall notify the student that the college will place the service indicator on the student’s SIS record. PDCCC shall explain the reason for the service indicator and give the student the right to appeal.
If students who have been dismissed for misconduct or had a service indicator placed on a student’s SIS record, or both, request that transcripts of their records be sent to another college, a statement may be placed on transcripts stating “additional information available upon request from the designated college official.”
Amending Student Records
Under the provisions of the Family Educational Rights and Privacy Act (“FERPA”), students must have an opportunity to challenge the accuracy of the information that led to the application of the indicator to their record at the college placing the indicator. The challenge may only address the accuracy of the information, any misleading information, or a violation of the student’s privacy rights. PDCCC shall decide whether to amend the record as requested within a reasonable time after the college receives the request. If PDCCC decides not to amend the record as requested, it shall inform the student of its decision and of his or her right to a hearing. If the student prevails at the hearing, the record shall be corrected and the indicator should be removed, unless other facts support the continued use of the indicator. If PDCCC prevails, the student has the right to place a statement in his or her record challenging the college’s actions. The college must maintain the statement with the contested part of the record for as long as the record is maintained and disclose the statement whenever it discloses the portion of the record to which the statement relates.
Use of Service Indicators in Admission Decisions
If a student with an XTA on his or her student record at one Virginia community college applies to another community college (“the new college”), the new college shall conduct an independent threat assessment to determine whether the applicant continues to pose a threat to the campus community.