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Each individual is considered a responsible adult and is expected to maintain standards of conduct appropriate to membership in the college community. Emphasis is placed on standards of student conduct rather than on limits or restrictions of students. Guidelines and regulations governing student conduct usually are developed by representatives of the students, faculty, and administration. The college refrains from imposing a rigid code of discipline, but it reserves the right to take disciplinary action compatible with its own best interest if such action is clearly necessary.
The policies contained in this catalog pertain to student rights and responsibilities. Additional policies may be found at http://es.vccs.edu/. Failure to meet standards of conduct acceptable to the college may result in disciplinary probation, suspension, or another penalty depending on the nature of the offense. Unless specified otherwise, a disciplinary probation period is for the duration of one semester. Students who are dismissed must reapply to the college. Readmission is not assured.
As part of the Virginia Community College System, ESCC guarantees to students the privilege of exercising their rights of citizenship under the Constitution of the United States without fear of prejudice. Special care is taken to ensure due process and to spell out defined routes of appeal when students feel their rights have been violated.
Application of Laws
The laws of the United States, the laws of the Commonwealth of Virginia, the ordinances of Accomack County and Northampton County, and regulations of the Virginia Community College System are fully applicable on the campus. These laws and regulations were not written by the college and cannot be altered or suspended by college officials.
A single act may simultaneously violate a federal law, a state law, a county ordinance, and a college regulation. Judgment and punishment by one governmental agency for a violation of its laws and a second judgment and punishment by a different governmental agency for a violation of its laws, even though based on the same act, does not constitute double jeopardy.
The policy of the college in cases of violation of state, federal, or county laws is to state the facts to the appropriate authorities, and to neither press for, nor interfere with, their judgment and punishment. Separate action by the college for violation of the college rules will be conducted without reference to the action of other authorities.
ESCC has, for its orderly and effective conduct, special regulations in addition to the laws of the land. These regulations supplement, but do not supersede, higher laws and regulations.
Sexual Harassment
Sexual Misconduct and Title IX
Eastern Shore Community College is committed to providing a safe and secure learning environment free from sexual misconduct or other forms of inappropriate behavior. Examples of sexual misconduct include, but are not limited to sexual harassment, sexual assault, sexual exploitation, and sexual violence. As a result of this commitment, ESCC will investigate all reports of sexual misconduct. Reported cases of sexual misconduct will be adjudicated in accordance with the ESCC’s student disciplinary procedures. Incidents of alleged sexual misconduct shall be reported to the college’s Title IX Coordinator.
As a recipient of federal funds, Eastern Shore Community College is required to comply with Title IX of the Higher Education Amendments of 1972, 20 U.S.C. § 1681 et seq. (“Title IX”), which prohibits discrimination on the basis of sex in educational programs or activities, admission and employment. Under certain circumstances, sexual misconduct, sexual harassment, and similar conduct constitute sexual discrimination prohibited by Title IX. Inquiries concerning the application of Title IX may be referred to the College’s Title IX Coordinator or to the U.S. Department of Education’s Office for Civil Rights. The Title IX Coordinator may be contacted by phone at 757.789.1759 or by email at TitleIXCoordinator@es.vccs.edu.
The college’s Title IX Policy applies to all campus community members, including students, faculty, staff and third parties, e.g., contractors and visitors. Conduct that occurs off campus can be the subject of a complaint or report and will be evaluated to determine whether it violates this Policy, e.g. if off-campus harassment has continuing effects that create a hostile environment on campus.
The full policy is accessible online at https://es.vccs.edu/about/college-policies/.
Weapons and Firearms on Campus
Possession or carrying of any weapon by any person, except a law-enforcement officer, is prohibited on campus property.
Any individual in violation of this prohibition shall be directed to remove the weapon immediately. Failure to comply may result in a student or employee disciplinary action, and/or arrest.
The college’s Weapons on Campus Policy is available online at https://es.vccs.edu/.
Expressive Activity
Eastern Shore Community College (ESCC) is committed to supporting the exercise of constitutionally protected expression. College property is primarily dedicated to academic, student life and administrative functions. But it also represents the “marketplace of ideas,” and especially for students, many areas of campus represent a public forum for speech and other expressive activities. Indoors or outdoors, ESCC will not interfere with the rights of individuals and groups to the free expression of their views or impermissibly regulate their speech based on its content or viewpoint. However, the College has established reasonable time, place, and manner restrictions on expressive activity. No event or expressive activity shall be permitted to violate or hinder the rights of others within the campus community or substantially disrupt normal college operations. ESCC’s Policy on Expressive Activity contains the policy and procedures for expressive activity.
Disclaimer
All opinions expressed by individuals purporting to be a current or former student, faculty, or staff member of this institution, on websites not affiliated with Eastern Shore Community College (ESCC), social media channels, blogs or other online or traditional publications, are solely their opinions and do not necessarily reflect the opinions or values of ESCC, the Virginia Community College System, or the State Board for Community Colleges, which do not endorse and are not responsible or liable for any such content.
ESCC Policy on Expressive Activity
I. PURPOSE
To establish Eastern Shore Community College’s policy regarding expressive activity in all ESCC buildings, grounds or other spaces controlled by the college. Issuance serves to notify employees of the policy.
II. AUTHORITY
The President has given the Vice-President of Finance & Administration and the Vice-President of Academics & Student Affairs the responsibility and authority to establish and enforce the Expressive Activity Policy.
III. APPLICABLITY
This policy does not apply in instances when speakers, performers, groups, etc. are invited by ESCC or to external groups that arrange to use ESCC space through a Facilities Use Agreement.
IV. DEFINITIONS
The term “expressive activity” includes:
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Speeches, performances, demonstrations, rallies, vigils, and other events by students, student organizations, and outside groups invited by student organizations;
V. POLICY
ESCC property is primarily dedicated to academics, student life and administrative functions. It also represents the “marketplace of ideas,” and especially for students, many areas of campus represent a public forum for speech and other expressive activities. ESCC may place restrictions on expressive activities occurring indoors, primarily to prevent disturbances within the learning environment. However, especially for students and student organizations, the outdoor areas of campus remain venues for free expression, including speeches, demonstrations, and the distribution of literature.
Indoors or outdoors, ESCC will not interfere with the rights of individuals and groups to the free expression of their views or impermissibly regulate their speech based on its content or viewpoint. Nevertheless, ESCC may establish reasonable time, place, and manner restrictions on expressive activity. Such restrictions will be content-neutral, narrowly tailored to serve a significant governmental interest, and allow ample alternative channels for communication of the information.
No event or expressive activity shall be permitted that violates or hinders the rights of others within the campus community or substantially disrupts normal college operations.
VI. PROCEDURES
Reserving Campus Facilities
Note: Anyone reserving campus facilities must work with the Facilities Rental staff of Workforce Development Services and abide by the official Facilities Rental Policy and Procedures.
If students, student organizations, or college employees desire to reserve campus facilities, they shall submit their requests to the appropriate college administrator a minimum of 24 hours in advance of the planned activity. For certain types of activities, such as rallies or other gatherings of more than 50 people, etc… more notice may be required to allow for sufficient logistical support and to ensure the safety and security of the campus.
If individuals or organizations who are not members of the ESCC community (i.e., not students, student organizations, or college employees) desire to reserve campus facilities, they must be sponsored by a recognized student organization or the college itself to conduct expressive activities or events on campus.
The following indoor areas are not available for expressive activity: administration offices, library, computer labs, science and technical labs, and classrooms during instructional hours. Any other restrictions on expressive activities occurring in indoor facilities will (a) apply equally to all individuals and organizations and (b) not depend upon the content or viewpoint of the expression or the possible reaction to that expression.
Students, student organizations, and college employees may request to reserve campus facilities on a first-come, first-served basis. These requests may be denied for the following reasons only:
During an event, the student, student organization, or college employee requesting the reservation is responsible for preserving and maintaining the facility it reserved. If it causes any damage to those facilities, it (and its officers, if applicable) shall assume responsibility.
When assessing a request to reserve campus facilities, ESCC administrators will not consider the content or viewpoint of the expression or the possible reaction to that expression, nor will they impose restrictions on students, student organizations, or college employees due to the content or viewpoint of their expression or the possible reaction to that expression. In the event that other persons react negatively to a student’s, student organizations, or college employee’s expression, college officials (including college police or security) will take all available steps to ensure public safety while allowing the expressive activity to continue.
VII. Spontaneous Expressive Activity
For indoor campus facilities, areas in which students, student organizations, and their sponsored guests may engage in spontaneous expressive activities are designated by signage indicating such. Areas so designated will (a) apply equally to all students and student organizations and (b) not depend upon the content or viewpoint of the expression or the possible reaction to that expression.
For outdoor campus facilities and areas, students, student organizations, and their sponsored guests may freely engage in spontaneous expressive activities as long as they do not (a) block access to campus buildings, (b) obstruct vehicular or pedestrian traffic, (c) substantially disrupt previously scheduled campus events, (d) substantially disrupt college operations, (e) constitute unlawful activity; or (f) create a clear and present threat to public safety, according to the college’s police or security department.
No college personnel may impose restrictions on students, student organizations, or their sponsored guests who are engaging in spontaneous expressive activities due to the content or viewpoint of their expression or the possible reaction to that expression. In the event that other persons react negatively to these activities, college officials (including college police or security) will take all available steps to ensure public safety while allowing the expressive activity to continue.
[1] In the event that multiple individuals or organizations submit conflicting reservation requests, the following order of precedence shall govern: (1) official college sponsored activities and events; (2) recognized student organization activities and events; (3) student activities and events; and (4) all other activities and events.
[2] The expression of competing viewpoints or multiple speakers in proximity to each other does not, without more, constitute a substantial disruption.
POLICY ON EXPRESSIVE ACTIVITY
Frequently Asked Questions for Students
What is expressive activity?[1]
Expressive activities are speech-related activities, including:
What kind of speech is protected by the First Amendment?
The U.S. Constitution protects most speech, with very limited exceptions. In outdoor spaces, the college may place reasonable limits only on the time, place, and, manner of your expressive activity, and those limits must not depend on the content or viewpoint of the expressive activity. In addition, for outdoor areas, students, student organizations, and their guests are not required to give notice before engaging in expressive activity. In other words, students, student organizations, employees, and guests may engage in spontaneous expressive activities as long as they do not engage in any of the conduct listed in Number 3 below. (There may be exceptions to this general rule; for example, your college may have an outdoor facility that requires a reservation to use.)
Indoors, colleges may place restrictions on expressive activities, as long as any rules apply to everyone equally and are not based on the content or viewpoint of the speech. The college may determine that certain indoor facilities are not available for expressive activity. Common examples of such areas include: (1) administrative offices, (2) libraries, (3) hallways, and (4) classrooms during instructional hours.
What kind of actions related to protected speech can be regulated?
Most speech is protected by the Constitution, but sometimes, the actions that a speaker takes during an expressive activity are disruptive enough to allow a college to intervene, regardless of what is actually being expressed. For outdoor facilities and areas, students, student organizations, and their guests may freely engage in expressive activity as long as they do not also engage in any of the following:
Additionally, the First Amendment does not protect speech that is designed to incite or produce imminent lawless action, and that is likely to incite or produce such action. Other types of unprotected speech include true threats and harassment in limited circumstances. A true threat is a serious expression of an intent to commit an act of unlawful violence against a particular individual or group of individuals. Unprotected harassment is behavior that is extreme and pervasive and so serious that it prevents a reasonable person from receiving his or her education.
How can someone reserve campus facilities for speech activities?
Request submission
Contact Workforce Development at 757.789.7979 to reserve campus facilities. Spaces are reserved on a first-come-first served basis. The college can state in advance that certain spaces cannot be reserved for speech activities. Common examples include libraries, offices, hallways, and classrooms during instructional hours. Any other restrictions on expressive activities that occur in indoor facilities must apply equally to everyone and not depend on the content or viewpoint of the expression, or the possible reaction to the expression.
b. Timing
Colleges usually cannot require more than 24-hour advance notice unless the event requires additional planning to ensure safety and sufficient logistical support. You are encouraged to request the facility as soon as possible.
c. Denials
When assessing a request to reserve a facility, the college must not consider the content (unless the facility is used only for certain purposes, for example, only for the college’s administration use) or viewpoint of the expressive activity, or the possible reaction to the expressive activity. If a facility or space is generally available to be reserved, the college can refuse a reservation by a student, student organization, or employee only for the following reasons:
d. Responsibility for the space
Anyone who reserves a facility or space is responsible for maintaining the space and will be responsible for any damages, cleaning costs, or other costs.
Is the college required to have indoor areas available for spontaneous expressive activities?
No. The college is not required to have an indoor area designated for spontaneous speech activities. However, if it chooses to create one or more, college officials must post that the area is available for students, student organizations, employees and their guests to engage in expressive activities. The area must be available for all students, student organizations, employees, and guests equally, and not depend on the content or viewpoint of the expression or the possible reaction to it.
6. What do I do if someone or a group tries to disrupt my, my organization’s or invited guest’s speech?
To report a disruption of protected speech, please complete the Incident Report Form. In cases of emergency, please call 911 or 757.789.7990
7. I have additional questions.
Please contact Eve Belote, Associate VP of Administration at 757.789.1767 or ebelote@es.vccs.edu for more information.
[1] The words “speech” and “expressive activity” may be used interchangeably.
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