Student Services Policy Part 2
CVCC protects the privacy of students in accordance with the Family Educational Rights and Privacy Act (FERPA) of 1974 (the “Act”), as amended, enacted as section 444 of the General Education Provisions Act. A copy of the Federal Regulations setting out the requirements for the protection of the privacy of students under the act is available at Federal FERPA Regulations (see Title 34 - Education, Subtitle A, Part 99), or in Student Services.
Under this Act, students have the right to:
- Inspect and review their education records;
- Seek amendment of their education records that they believe to be inaccurate, misleading, or otherwise in violation of their privacy rights;
- Consent to disclosures of personally identifiable information contained in their record, except to the extent that the Act (and in particular section 99.31) authorizes disclosure without consent; or
- File with the US Department of Education a complaint under Sections 99.63 and 99.64 concerning alleged failures by the College to comply with the requirements of the Act.
A student may exercise the right to inspect and review the student's own education record by making written request to the Director of Student Records.
A student may request amendment(s) to the student's own record under section 99.20 of the Act by contacting the Director of Student Records. The Director of Student Records will attempt to resolve the issue. If the student is not satisfied with the resolution offered by the Director of Student Records, then the student may commence formal student due process procedures according to Policy 3.19: Student Due Process.
Education records are records that are directly related to a student and that are maintained by an educational institution. These records contain both directory information and personally identifiable information about the student. The information may be recorded in any way, including, but not limited to, handwriting, print, computer media, videotape, audiotape, film, microfilm, microfiche, and email. Some examples of education records are grades, transcripts, class rosters, student course schedules, student financial information, student discipline files, health records, and disabilities education act records.
In accordance with 34 CFR 99.31 of FERPA CVCC does disclose education records to CVCC officials, including faculty and/or staff, who are determined to have a legitimate educational interest. Faculty/staff are considered to have a legitimate educational interest if they might reasonably need to access information to academically advise a student or assist the student in a transaction with CVCC. All full-time faculty/staff have access to the student database through their secure user name and login.
Directory Information is information contained in a student’s education record that would not generally be considered harmful or an invasion of privacy if disclosed. In accordance with 34 CFR 99.3 (a) of FERPA, each institution is required to define its directory items.
At CVCC, the following information is defined to be directory information:
- Student identification number
- Major field of study
- Participation in officially recognized activities and sports
- Weight and height of members of athletic teams
- Date(s) of attendance
- Enrollment status (full-time, part-time, or not enrolled)
- Degrees, honors, and awards received
- Class level (Freshman or Sophomore)
- Most recent previous educational agency or institution attended
In accordance with 34 CFR 99.37(d) of FERPA, the institution is NOT required to release directory information-it is at the discretion of the institution. It is not CVCC’s practice to release directory information to third parties except for those that CVCC deems to have a legitimate educational interest in the information or who provide a service on behalf of CVCC.
Notice is made each semester to inform students that they may opt out of having their directory information made available by submitting a completed “Request to Withhold Directory Information Form” found on the CVCC Portal under Forms. Requests will be processed in a timely manner as they are received and shall be effective at the date/time of processing. A request to withhold directory information is in effect permanently, even if the student is no longer enrolled at CVCC, and can only be removed by the student in writing by submitting a completed “Request to Release Directory Information Form” found on the CVCC Portal under Forms.
Students should be aware that a request to withhold directory information results in the following:
- Student name/address is excluded from printed/electronic material such as media releases for honors/high honors announcements or awards/scholarships received, commencement programs, awards programs, etc.
- Enrollment and degree-awarded inquiries from third parties, such as potential employers, insurance companies, and others will neither receive a confirmation of enrollment nor graduation.
- No information will be released to any person(s) on the telephone or via email.
- No information will be included in sports information programs.
- Personal information changes must be made only by the student in person at Student Records with a valid, government-issued photo ID.
- It is important to note that a student’s request for confidentiality does not permit the student to be anonymous in class (including an online class) nor to impede or be excluded from class communication.
The student’s request for withholding of directory information does not prevent disclosure to CVCC employees who require this information to perform their job duties or disclosure required from a lawfully-issued subpoena.
Personally Identifiable Information
Personally identifiable information is information that directly identifies the student or information that a reasonable person in the school community would use to identify the student with reasonable certainty. This information could be requested by a person who CVCC reasonably believes knows the identity of the student to whom the education record relates. Under the Act, disclosure of personally identifiable information can be disclosed if CVCC obtains the signature of the student on a document specifically identifying the information to be disclosed, the reason for the disclosure, and the parties to whom the disclosure will be made. Oral consent for disclosure does not meet FERPA requirements.
In accordance with 34 CFR 99.31(8) of FERPA CVCC may not disclose personally identifiable information to the parents of an “eligible student” without the written consent of the student unless the disclosure is to parents of a dependent student as defined in section 152 of the Internal Revenue Code of 1986. An “eligible student” means a student who is 18 years of age or is attending an institution of postsecondary education. Parents must provide appropriate tax return information documenting the dependent status of the student before disclosure will be made without his/her written consent. Policy 3.17 is applicable for all students, regardless of the mode of instructional delivery for the courses in which the students are enrolled.
In accordance with 34 CFR 99.31 of FERPA, CVCC is also allowed to disclose personally identifiable information from the education record of a student without consent when the disclosure is made to one of the following:
- School officials with legitimate educational interest
- Other postsecondary institutions to which the student seeks to or intends to enroll or is already enrolled for purposes related to the enrollment or transfer
- Specified officials for audit or evaluation purposes
- Appropriate parties in connection with financial aid to a student
- State and/or local officials or authorities to whom this information is specifically allowed to be reported or disclosed
- Organizations conducting certain studies for or on behalf of CVCC
- Accrediting organizations to carry out their accrediting functions
- To comply with a judicial order or lawfully issued subpoena
- Appropriate officials in cases of health and safety emergencies
- The parent of a student who is not an eligible student or to the student
- Disclosure in connection with a disciplinary proceeding
- The final results of the disciplinary proceeding conducted to the victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense
- Disclosure to a parent of a student regarding the student’s violation of any Federal, State, or local law or any rule or policy of CVCC governing the use or possession of alcohol or a controlled substance
- Disclosure concerning sex offenders and other individuals required to register under section 170101 of the Violent Crime Control and Law Enforcement Act of 1994
FERPA protection of personally identifiable information in a student’s education record ends at the time of death.
Policy 3.18: Student Code of Conduct applies to all student behavior issues other than issues covered by Policy 3.18.2: Sexual Harassment or Unlawful Discrimination.
Catawba Valley Community College (CVCC) students are expected to conduct themselves in accordance with the values of the Valley Way:
- Student Success
- Lifelong Learning
At CVCC, these values inform accepted standards of scholarship and conduct. All CVCC students and staff, regardless of the location or delivery method of their services and classes, have the right to a safe, peaceful, and honest educational environment. Therefore, when in the judgment of CVCC college personnel, a student’s conduct disrupts or threatens to disrupt the College community, appropriate disciplinary action will be taken to restore and protect the safety, peace, and integrity of the community.
The purpose of the Student Code of Conduct is not to restrict student freedom, but to protect the rights of all students in their academic pursuits. All College employees have the authority to take immediate actions and begin disciplinary proceedings for violations of the Student Code of Conduct.
As stated in Policy 1.1: Compliance with CVCC Policies, CVCC students are expected to comply with all CVCC policies. Failure to comply may result in disciplinary action. Students are prohibited from engaging in any conduct which materially and adversely affects the educational process, including, but not limited to, the following:
- Interruption or in any manner interfering with normal CVCC operations. Examples of violations to normal CVCC operations include, but are not limited to, the following:
- Disruption or obstruction of teaching, research, administration, disciplinary proceedings, or other on- or off-campus college-authorized activities;
- Mental or physical abuse of any person on College premises or at College-sponsored or College-supervised functions, including verbal or physical actions which threaten or endanger the health or safety of any such persons or which promote hatred or racial prejudice;
- Participating in conduct that disturbs peace and order of the College. This includes, but is not limited to, yelling, screaming, or talking in an unnecessary or unreasonably loud voice, or using any device which produces loud and/or disruptive noises.
- The use of defamatory speech or like expressive behavior; or the use of any speech or behavior implying a physical threat or likely to provoke violence or retaliation in person or via electronic means;
- Violation of state or College regulations regarding the operation and parking of motor vehicles. See Policy 4.9: Parking Policy;
- Fiscal irresponsibility, such as failure to pay College charges, fees, defaulted payments, levied fines, failure to repay college-funded loans, or fraudulent financial transactions with the College;
- Forgery, altering, or misusing College documents, records, or instruments of identification with intent to deceive;
- Tampering with a fire alarm or other safety equipment belonging to the College, except with reasonable belief in the need for such alarm or equipment;
- Gambling on the College campus or at College-sponsored functions off-campus;
- Participation in gatherings or demonstrations that interfere with another’s ability to freely access College facilities or property. Students shall not disrupt or interfere with the College’s educational processes or College functions. Students shall comply with any instruction of a College employee to leave the scene of a disruptive gathering or demonstration;
- Violating the terms of any disciplinary sanction or any College regulation during the period of disciplinary sanction;
- Trespassing, including unauthorized entry or presence on the property of the College or in a College facility or any portion thereof to which entry or presence has been restricted; unauthorized presence in a College facility during closed hours;
- Violation of any College policy, prohibited behavior, local, state, or federal criminal law on College premises adversely affecting the College community’s pursuit of its proper educational purposes.
- Failure to comply with instructions of College officials acting in performance of their duties.
- Destruction, damage, or misuse of CVCC equipment, facilities, or property. This includes, but is not limited to, the acceptable use of technology. See Policy 4.18: Technology Resources (Acceptable Use).
- Physical abuse of another person in the CVCC community;
- Attempted or actual theft of, misuse of, or intentional damage to College property; or theft of or damage to property of a member of the College community or a campus visitor on college premises or at college functions;
- Participation in hazing-defined as an act which endangers the mental or physical health or safety of a student, or which destroys or removes public or private property, for the purpose of initiation, admission into, affiliation with or as a condition for continued membership in a group or organization. The express implied consent of the victim is not a defense. Apathy or acquiescence in the presence of hazing are not neutral acts; they are a violation of this rule.
- Plagiarism and other forms of academic cheating. See Policy 2.16: Academic Honesty.
- Sexual Harassment of Unlawful Discrimination. (see Policy 3.18.2) Discrimination and Harassment Policy.
- Violation of CVCC policies including those regarding the use and/or possession of
- firearms or other weapons as described in Policy 4.10: Firearms/Weapons Possession;
- alcoholic beverages as described in Policy 4.11: Alcoholic Beverages;
- illegal drugs or controlled substances as described in Policy 4.12: Illegal Drugs/Controlled Substances;
- and/or tobacco products as described in Policy 4.13: Tobacco Products;
- Making a threat to the safety of the CVCC community; or
- Commission of any other action which, in the opinion of the administration or faculty, may be contrary to the best interest of the CVCC community.
Policy 3.18.1 applies to student behavior sanctions that may be imposed for violations of Policy 3.18: Student Code of Conduct. Violations of Policy 3.18.2: Sexual Harassment or Unlawful Discrimination are governed by that policy and handled under Procedure 3.18.2: Sexual Harassment Procedure.
Student behavior sanctions are designed to educate students, guide future decision-making and deter further inappropriate behavior. Students found in violation of the Student Code of Conduct will be challenged to evaluate their behavior and reflect on their actions and the effects on the campus community. The following behavior sanctions are examples of those that may be imposed for violation of the Student Code of Conduct.
Any faculty or staff may use his/her discretion to give a sanction of Warning, General Probation, or Interim (Emergency) Suspension to any student in violation of the Student Code of Conduct and who is disrupting the educational process.
Faculty or staff will submit the “Warning, General Probation, Interim (Emergency) Suspension Form” to the immediate supervisor to document this behavior sanction. This Form is found on in the Portal or in the Office of the Dean of Access, Development, and Success.
- Warning: A written communication which gives official notice to the student that a violation of the Student Code of Conduct has occurred and that any subsequent violation of the Student Code of Conduct will carry heavier penalties because of this prior infraction.
- General Probation: An individual may be placed on General Probation when involved in a minor disciplinary offense. General Probation has two (2) important implications: the individual is given a chance to show capability and willingness to observe the Student Code of Conduct without further penalty, and if the student errs again, further action will be taken.
- Interim (Emergency) Suspension: Exclusion from class and/or other privileges or activities for conduct that poses a threat to the health or well-being of any member of the academic community or activities of the College as set forth in the notice, until a final decision has been made concerning the alleged violation.
Faculty have the authority to impose the Loss of Academic Credit or Grade Sanction in accordance with Policy 2.16: Academic Honesty Policy. Faculty will submit the “Student Conduct Violation Form” to their immediate supervisor to document this behavior sanction. This Form is found on in the Portal online or in the Office of the Dean of Access, Development, and Success.
- Loss of Academic Credit or Grade: Imposed as a result of violating Policy 2.16: Academic Honesty. Sanctions may include the requirement to redo the assignment, loss of credit for the assignment, or loss of credit for the class.
The President, Vice Presidents, and the Dean of the School of Access, Development, and Success (ADS) have the authority to impose the following sanctions.
- Restrictive Probation: Restrictive Probation results in loss of good standing and becomes a matter of record. Restrictive conditions may limit activity in the College community. Generally the student will not be eligible for initiation into any local or national organization, and may not receive any College award or other honorary recognition. The student may not occupy a position of leadership or responsibility with any College or student organization, publications, or activity.
- Suspension: Exclusion from class(es), and/or all privileges or activities of the College for a specific period of time. This sanction is reserved for those offenses warranting discipline more severe than probation, or for repeated misconduct. Students who receive this sanction must get specific written permission from the Dean of ADS before returning to campus. This sanction shall be recorded on the student transcript in accordance with the State Board of Community Colleges Code 1D SBCCC 400.2 (d).
- Restitution: Paying for damaging, misusing, destroying, or losing property belonging to the College, College personnel, or students.
- Withholding transcript, diploma, or right to register or participate in commencement ceremonies: Imposed when financial obligations are not met. (Student will not be allowed to register until all financial obligations are met.)
- Campus Service: Assigning a specific campus service project and number of contact work hours to be completed for a designated department on the College campus.
- Group Probation: This is given to a College club or other organized group for a specific period of time. If group violations are repeated during the term of the sanction, the charter may be revoked or activities restricted.
- Group Restriction: Removing College recognition during the semester in which the violation occurred or for a longer period (usually not more than one additional semester). While under restriction, the group may not seek or add members, hold or sponsor events in the College community, or engage in other activities as specified.
- Group Charter Revocation: Removal of College recognition for a group, club, society, or other organizations for a minimum of two years. Re-charter after that time must be approved by the College President.
Permanent expulsion of a student from CVCC must be authorized by the President.
- Expulsion: Permanently dismissing a student from campus. Expulsion is the most severe disciplinary sanction and must be authorized by the College President. The student loses student status and may not return to campus unless authorized by the College President. Expelled students are liable for all tuition and fees. This sanction shall be recorded on the student transcript in accordance with the State Board of Community Colleges Code 1D SBCCC 400.2 (d).
Suspensions and expulsions for disciplinary reasons shall be recorded in the student ’s permanent record and on the transcript in accordance with the State Board of Community Colleges Code 1D SBCCC 400.2 (d).
Students are entitled to appeal any disciplinary action in accordance with CVCC’s Policy 3.19: Student Due Process.
Catawba Valley Community College is fully committed to providing a learning and working environment that is free from prohibited discrimination. The College does not practice or condone discrimination based on race, color, national origin, religion, sex, sexual orientation, gender, gender identity or expression, pregnancy, disability, genetic information, age, political affiliation or veterans’ status in the administration or in any of its education programs and activities and employment practices.
For issues related to sexual harassment, assault and violence, see Procedure 3.18.2: Sexual Harassment Procedure.
For issues related to all other types of unlawful discrimination and harassment, see Procedure 3.18.3: Unlawful Discrimination and Harassment Procedure.
Legal Reference: Title VII of the Civil Rights Act of 1964; The Americans with Disabilities Act of 1990; Section 504 of the Rehabilitations Act of 1973; The Age Discrimination in Employment Act of 1967; Equal Pay Act of 1963; Title II of the Genetic Information Nondiscrimination Act of 2008; Title IX of the Higher Education Amendments of 1972; Lily Ledbetter Act; NC Equal Employment Practices Act; NC Retaliatory Employment Discrimination Act; Jeanne Clery Disclosure Act of Campus Security Policy and Campus Statistic Act of 1990; Campus Sexual Assault Victim’s Bill of Rights of 1992; Violence Against Women Act of 1994; Campus Sexual Violence Elimination Act of 2013.
Updated June 2020