{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/23.1-806.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/23.1-806.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/23.1-806.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/23.1-806.html"}],"law_id":79931,"edition_id":1,"section_id":79931,"structure_id":15299,"section_number":"23.1-806","catch_line":"Reporting of acts of sexual violence","history":"2015, cc. 737, 745, \u00a7 23-9.2:15; 2016, c. 588.","full_text":"A\n\nFor purposes of this section:\n\t\t\t“Campus” means (i) any building or property owned or controlled by an institution of higher education within the same reasonably contiguous geographic area of the institution and used by the institution in direct support of, or in a manner relating to, the institution’s educational purposes, including residence halls, and (ii) any building or property that is within or reasonably contiguous to the area described in clause (i) that is owned by the institution but controlled by another person, is frequently used by students, and supports institutional purposes, such as a food or other retail vendor.\n\t\t\t“Noncampus building or property” means (i) any building or property owned or controlled by a student organization officially recognized by an institution of higher education or (ii) any building or property owned or controlled by an institution of higher education that is used in direct support of, or in relation to, the institution’s educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the institution.\n\t\t\t“Public property” means all public property, including thoroughfares, streets, sidewalks, and parking facilities, that is within the campus, or immediately adjacent to and accessible from the campus.\n\t\t\t“Responsible employee” means a person employed by a public institution of higher education or nonprofit private institution of higher education who has the authority to take action to redress sexual violence, who has been given the duty of reporting acts of sexual violence or any other misconduct by students to the Title IX coordinator or other appropriate institution designee, or whom a student could reasonably believe has this authority or duty.\n\t\t\t“Sexual violence” means physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent.\n\t\t\t“Title IX coordinator” means an employee designated by a public institution of higher education or nonprofit private institution of higher education to coordinate the institution’s efforts to comply with and carry out the institution’s responsibilities under Title IX (20 U.S.C. § 1681 et seq.). If no such employee has been designated by the institution, the institution shall designate an employee who will be responsible for receiving information of alleged acts of sexual violence from responsible employees in accordance with subsection B.B\n\nAny responsible employee who in the course of his employment obtains information that an act of sexual violence may have been committed against a student attending the institution or may have occurred on campus, in or on a noncampus building or property, or on public property shall report such information to the Title IX coordinator as soon as practicable after addressing the immediate needs of the victim.C\n\nUpon receipt of information pursuant to subsection B, the Title IX coordinator or his designee shall promptly report the information, including any personally identifiable information, to a review committee established pursuant to subsection D. Nothing in this section shall prevent the Title IX coordinator or any other responsible employee from providing any information to law enforcement with the consent of the victim.D\n\nEach public institution of higher education and nonprofit private institution of higher education shall establish a review committee for the purposes of reviewing information relating to acts of sexual violence, including information reported pursuant to subsection C. Such review committee shall consist of three or more persons and shall include the Title IX coordinator or his designee, a representative of law enforcement, and a student affairs representative. If the institution has established a campus police department pursuant to Article 3 (§ 23.1-809 et seq.), the representative of law enforcement shall be a member of such department; otherwise, the representative of law enforcement shall be a representative of campus security. The review committee may be the threat assessment team established under § 23.1-805 or a separate body. The review committee may obtain law-enforcement records, criminal history record information as provided in §§ 19.2-389 and 19.2-389.1, health records as provided in § 32.1-127.1:03, available institutional conduct or personnel records, and known facts and circumstances of the information reported pursuant to subsection C or information or evidence known to the institution or to law enforcement. The review committee shall be considered to be a threat assessment team established pursuant to § 23.1-805 for purposes of (i) obtaining criminal history record information and health records and (ii) the Virginia Freedom of Information Act (§ 2.2-3700 et seq.). The review committee shall conduct its review in compliance with federal privacy law.E\n\nUpon receipt of information of an alleged act of sexual violence reported pursuant to subsection C, the review committee shall meet within 72 hours to review the information and shall meet again as necessary as new information becomes available.F\n\nIf, based on consideration of all factors, the review committee, or if the committee cannot reach a consensus, the representative of law enforcement on the review committee, determines that the disclosure of the information, including personally identifiable information, is necessary to protect the health or safety of the student or other individuals as set forth in 34 C.F.R. § 99.36, the representative of law enforcement on the review committee shall immediately disclose such information to the law-enforcement agency that would be responsible for investigating the alleged act of sexual violence. Such disclosure shall be for the purposes of investigation and other actions by law enforcement. Upon such disclosure, the Title IX coordinator or his designee shall notify the victim that such disclosure is being made. The provisions of this subsection shall not apply if the law-enforcement agency responsible for investigating the alleged act of sexual violence is located outside the United States.G\n\nIn cases in which the alleged act of sexual violence would constitute a felony violation of Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2, the representative of law enforcement on the review committee shall inform the other members of the review committee and shall within 24 hours consult with the attorney for the Commonwealth or other prosecutor responsible for prosecuting the alleged act of sexual violence and provide to him the information received by the review committee without disclosing personally identifiable information, unless such information was disclosed pursuant to subsection F. In addition, if such consultation does not occur and any other member of the review committee individually concludes that the alleged act of sexual violence would constitute a felony violation of Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2, that member shall within 24 hours consult with the attorney for the Commonwealth or other prosecutor responsible for prosecuting the alleged act of sexual violence and provide to him the information received by the review committee without disclosing personally identifiable information, unless such information was disclosed pursuant to subsection F.H\n\nAt the conclusion of the review, the Title IX coordinator and the law-enforcement representative shall each retain (i) the authority to proceed with any further investigation or adjudication allowed under state or federal law and (ii) independent records of the review team’s considerations, which shall be maintained under applicable state and federal law.I\n\nNo responsible employee shall be required to make a report pursuant to subsection B if:1\n\nThe responsible employee obtained the information through any communication considered privileged under state or federal law or the responsible employee obtained the information in the course of providing services as a licensed health care professional, an employee providing administrative support for such health care professionals, a professional counselor, an accredited rape crisis or domestic violence counselor, a campus victim support personnel, a member of clergy, or an attorney; or2\n\nThe responsible employee has actual knowledge that the same matter has already been reported to the Title IX coordinator or to the attorney for the Commonwealth or the law-enforcement agency responsible for investigating the alleged act of sexual violence.J\n\nAny responsible employee who makes a report required by this section or testifies in a judicial or administrative proceeding as a result of such report is immune from any civil liability alleged to have resulted therefrom unless such person acted in bad faith or with malicious intent.K\n\nThe provisions of this section shall not require a person who is the victim of an alleged act of sexual violence to report such violation.L\n\nThe institution shall ensure that a victim of an alleged act of sexual violence is informed of (i) the available law-enforcement options for investigation and prosecution; (ii) the importance of collection and preservation of evidence; (iii) the available options for a protective order; (iv) the available campus options for investigation and adjudication under the institution’s policies; (v) the victim’s rights to participate or decline to participate in any investigation to the extent permitted under state or federal law; (vi) the applicable federal or state confidentiality provisions that govern information provided by a victim; (vii) the available on-campus resources and any unaffiliated community resources, including sexual assault crisis centers, domestic violence crisis centers, or other victim support services; and (viii) the importance of seeking appropriate medical attention.","order_by":null,"text":{"0":{"id":286267,"text":"For purposes of this section:\n\t\t\t“Campus” means (i) any building or property owned or controlled by an institution of higher education within the same reasonably contiguous geographic area of the institution and used by the institution in direct support of, or in a manner relating to, the institution’s educational purposes, including residence halls, and (ii) any building or property that is within or reasonably contiguous to the area described in clause (i) that is owned by the institution but controlled by another person, is frequently used by students, and supports institutional purposes, such as a food or other retail vendor.\n\t\t\t“Noncampus building or property” means (i) any building or property owned or controlled by a student organization officially recognized by an institution of higher education or (ii) any building or property owned or controlled by an institution of higher education that is used in direct support of, or in relation to, the institution’s educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the institution.\n\t\t\t“Public property” means all public property, including thoroughfares, streets, sidewalks, and parking facilities, that is within the campus, or immediately adjacent to and accessible from the campus.\n\t\t\t“Responsible employee” means a person employed by a public institution of higher education or nonprofit private institution of higher education who has the authority to take action to redress sexual violence, who has been given the duty of reporting acts of sexual violence or any other misconduct by students to the Title IX coordinator or other appropriate institution designee, or whom a student could reasonably believe has this authority or duty.\n\t\t\t“Sexual violence” means physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent.\n\t\t\t“Title IX coordinator” means an employee designated by a public institution of higher education or nonprofit private institution of higher education to coordinate the institution’s efforts to comply with and carry out the institution’s responsibilities under Title IX (20 U.S.C. § 1681 et seq.). If no such employee has been designated by the institution, the institution shall designate an employee who will be responsible for receiving information of alleged acts of sexual violence from responsible employees in accordance with subsection B.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":286268,"text":"Any responsible employee who in the course of his employment obtains information that an act of sexual violence may have been committed against a student attending the institution or may have occurred on campus, in or on a noncampus building or property, or on public property shall report such information to the Title IX coordinator as soon as practicable after addressing the immediate needs of the victim.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":286269,"text":"Upon receipt of information pursuant to subsection B, the Title IX coordinator or his designee shall promptly report the information, including any personally identifiable information, to a review committee established pursuant to subsection D. Nothing in this section shall prevent the Title IX coordinator or any other responsible employee from providing any information to law enforcement with the consent of the victim.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":286270,"text":"Each public institution of higher education and nonprofit private institution of higher education shall establish a review committee for the purposes of reviewing information relating to acts of sexual violence, including information reported pursuant to subsection C. Such review committee shall consist of three or more persons and shall include the Title IX coordinator or his designee, a representative of law enforcement, and a student affairs representative. If the institution has established a campus police department pursuant to Article 3 (§ 23.1-809 et seq.), the representative of law enforcement shall be a member of such department; otherwise, the representative of law enforcement shall be a representative of campus security. The review committee may be the threat assessment team established under § 23.1-805 or a separate body. The review committee may obtain law-enforcement records, criminal history record information as provided in §§ 19.2-389 and 19.2-389.1, health records as provided in § 32.1-127.1:03, available institutional conduct or personnel records, and known facts and circumstances of the information reported pursuant to subsection C or information or evidence known to the institution or to law enforcement. The review committee shall be considered to be a threat assessment team established pursuant to § 23.1-805 for purposes of (i) obtaining criminal history record information and health records and (ii) the Virginia Freedom of Information Act (§ 2.2-3700 et seq.). The review committee shall conduct its review in compliance with federal privacy law.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":286271,"text":"Upon receipt of information of an alleged act of sexual violence reported pursuant to subsection C, the review committee shall meet within 72 hours to review the information and shall meet again as necessary as new information becomes available.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":286272,"text":"If, based on consideration of all factors, the review committee, or if the committee cannot reach a consensus, the representative of law enforcement on the review committee, determines that the disclosure of the information, including personally identifiable information, is necessary to protect the health or safety of the student or other individuals as set forth in 34 C.F.R. § 99.36, the representative of law enforcement on the review committee shall immediately disclose such information to the law-enforcement agency that would be responsible for investigating the alleged act of sexual violence. Such disclosure shall be for the purposes of investigation and other actions by law enforcement. Upon such disclosure, the Title IX coordinator or his designee shall notify the victim that such disclosure is being made. The provisions of this subsection shall not apply if the law-enforcement agency responsible for investigating the alleged act of sexual violence is located outside the United States.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":286273,"text":"In cases in which the alleged act of sexual violence would constitute a felony violation of Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2, the representative of law enforcement on the review committee shall inform the other members of the review committee and shall within 24 hours consult with the attorney for the Commonwealth or other prosecutor responsible for prosecuting the alleged act of sexual violence and provide to him the information received by the review committee without disclosing personally identifiable information, unless such information was disclosed pursuant to subsection F. In addition, if such consultation does not occur and any other member of the review committee individually concludes that the alleged act of sexual violence would constitute a felony violation of Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2, that member shall within 24 hours consult with the attorney for the Commonwealth or other prosecutor responsible for prosecuting the alleged act of sexual violence and provide to him the information received by the review committee without disclosing personally identifiable information, unless such information was disclosed pursuant to subsection F.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":286274,"text":"At the conclusion of the review, the Title IX coordinator and the law-enforcement representative shall each retain (i) the authority to proceed with any further investigation or adjudication allowed under state or federal law and (ii) independent records of the review team’s considerations, which shall be maintained under applicable state and federal law.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":286275,"text":"No responsible employee shall be required to make a report pursuant to subsection B if:","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"I1"},"9":{"id":286276,"text":"The responsible employee obtained the information through any communication considered privileged under state or federal law or the responsible employee obtained the information in the course of providing services as a licensed health care professional, an employee providing administrative support for such health care professionals, a professional counselor, an accredited rape crisis or domestic violence counselor, a campus victim support personnel, a member of clergy, or an attorney; or","type":"section","prefixes":["I","1"],"prefix":"1","entire_prefix":"I1","prefix_anchor":"I1","level":2,"prior_prefix":"I","next_prefix":"I2"},"10":{"id":286277,"text":"The responsible employee has actual knowledge that the same matter has already been reported to the Title IX coordinator or to the attorney for the Commonwealth or the law-enforcement agency responsible for investigating the alleged act of sexual violence.","type":"section","prefixes":["I","2"],"prefix":"2","entire_prefix":"I2","prefix_anchor":"I2","level":2,"prior_prefix":"I1","next_prefix":"J"},"11":{"id":286278,"text":"Any responsible employee who makes a report required by this section or testifies in a judicial or administrative proceeding as a result of such report is immune from any civil liability alleged to have resulted therefrom unless such person acted in bad faith or with malicious intent.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I2","next_prefix":"K"},"12":{"id":286279,"text":"The provisions of this section shall not require a person who is the victim of an alleged act of sexual violence to report such violation.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J","next_prefix":"L"},"13":{"id":286280,"text":"The institution shall ensure that a victim of an alleged act of sexual violence is informed of (i) the available law-enforcement options for investigation and prosecution; (ii) the importance of collection and preservation of evidence; (iii) the available options for a protective order; (iv) the available campus options for investigation and adjudication under the institution’s policies; (v) the victim’s rights to participate or decline to participate in any investigation to the extent permitted under state or federal law; (vi) the applicable federal or state confidentiality provisions that govern information provided by a victim; (vii) the available on-campus resources and any unaffiliated community resources, including sexual assault crisis centers, domestic violence crisis centers, or other victim support services; and (viii) the importance of seeking appropriate medical attention.","type":"section","prefixes":["L"],"prefix":"L","entire_prefix":"L","prefix_anchor":"L","level":1,"prior_prefix":"K"}},"ancestry":[{"id":15299,"edition_id":1,"name":"Campus Safety; General Provisions","identifier":"2","label":"article","depth":4,"order_by":1,"parent_id":15081,"metadata":{},"date_created":"2026-06-26 03:53:45","date_modified":"2026-06-26 03:53:45","permalink":{"id":185321,"object_type":"structure","relational_id":15299,"identifier":"2","token":"23.1\/II\/8\/2","url":"\/23.1\/II\/8\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":15081,"edition_id":1,"name":"Health and Campus Safety","identifier":"8","label":"chapter","depth":3,"order_by":1,"parent_id":13112,"metadata":{},"date_created":"2026-06-26 03:52:03","date_modified":"2026-06-26 03:52:03","permalink":{"id":185297,"object_type":"structure","relational_id":15081,"identifier":"8","token":"23.1\/II\/8","url":"\/23.1\/II\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13112,"edition_id":1,"name":"Students and Campus","identifier":"II","label":"subtitle","depth":2,"order_by":1,"parent_id":13111,"metadata":{},"date_created":"2026-06-26 03:44:18","date_modified":"2026-06-26 03:44:18","permalink":{"id":184847,"object_type":"structure","relational_id":13112,"identifier":"II","token":"23.1\/II","url":"\/23.1\/II\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13111,"edition_id":1,"name":"Institutions of Higher Education; Other Educational and Cultural Institutions","identifier":"23.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:44:18","date_modified":"2026-06-26 03:44:18","permalink":{"id":184581,"object_type":"structure","relational_id":13111,"identifier":"23.1","token":"23.1","url":"\/23.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83963,"structure_id":15299,"section_number":"23.1-803","catch_line":"First warning notification and emergency broadcast system required","url":"\/23.1-803\/","token":"23.1\/II\/8\/2\/23.1-803","metadata":false},{"id":68545,"structure_id":15299,"section_number":"23.1-804","catch_line":"Institutional crisis and emergency management plan","url":"\/23.1-804\/","token":"23.1\/II\/8\/2\/23.1-804","metadata":false},{"id":68118,"structure_id":15299,"section_number":"23.1-805","catch_line":"Violence prevention committee; threat assessment team","url":"\/23.1-805\/","token":"23.1\/II\/8\/2\/23.1-805","metadata":false},{"id":79931,"structure_id":15299,"section_number":"23.1-806","catch_line":"Reporting of acts of sexual violence","url":"\/23.1-806\/","token":"23.1\/II\/8\/2\/23.1-806","metadata":false},{"id":67295,"structure_id":15299,"section_number":"23.1-807","catch_line":"Sexual assault; memoranda of understanding; policies","url":"\/23.1-807\/","token":"23.1\/II\/8\/2\/23.1-807","metadata":false},{"id":70337,"structure_id":15299,"section_number":"23.1-807.1","catch_line":"Baccalaureate public institutions of higher education; provision of physical evidence recovery kits","url":"\/23.1-807.1\/","token":"23.1\/II\/8\/2\/23.1-807.1","metadata":false},{"id":79376,"structure_id":15299,"section_number":"23.1-808","catch_line":"Sexual violence; policy review; disciplinary immunity for certain individuals who make reports","url":"\/23.1-808\/","token":"23.1\/II\/8\/2\/23.1-808","metadata":false},{"id":61952,"structure_id":15299,"section_number":"23.1-808.1","catch_line":"Human trafficking awareness and prevention training; first-year orientation","url":"\/23.1-808.1\/","token":"23.1\/II\/8\/2\/23.1-808.1","metadata":false},{"id":58251,"structure_id":15299,"section_number":"23.1-808.2","catch_line":"Campus safety and emergency preparedness training; first-year completion and biennial review","url":"\/23.1-808.2\/","token":"23.1\/II\/8\/2\/23.1-808.2","metadata":false}],"previous_section":{"id":68118,"structure_id":15299,"section_number":"23.1-805","catch_line":"Violence prevention committee; threat assessment team","url":"\/23.1-805\/","token":"23.1\/II\/8\/2\/23.1-805","metadata":false},"next_section":{"id":67295,"structure_id":15299,"section_number":"23.1-807","catch_line":"Sexual assault; memoranda of understanding; policies","url":"\/23.1-807\/","token":"23.1\/II\/8\/2\/23.1-807","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/23.1-806\/","history_text":"

This law was first created in 2015. The record of its establishment is cataloged in chapters 737<\/a> and 745<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2016, chapter 588<\/a>.<\/p>","references":false,"refers_to":[{"id":75662,"section_number":"18.2-61","catch_line":"Rape","order_by":null,"url":"\/18.2-61\/"},{"id":81089,"section_number":"19.2-389","catch_line":"(Effective July 1, 2026) Dissemination of criminal history record information","order_by":null,"url":"\/19.2-389\/"},{"id":63594,"section_number":"19.2-389.1","catch_line":"Dissemination of juvenile record information","order_by":null,"url":"\/19.2-389.1\/"},{"id":55569,"section_number":"2.2-3700","catch_line":"Short title; policy","order_by":null,"url":"\/2.2-3700\/"},{"id":68118,"section_number":"23.1-805","catch_line":"Violence prevention committee; threat assessment team","order_by":null,"url":"\/23.1-805\/"},{"id":60667,"section_number":"23.1-809","catch_line":"Public institutions of higher education; establishment of campus police departments authorized; employment of officers","order_by":null,"url":"\/23.1-809\/"},{"id":58930,"section_number":"32.1-127.1:03","catch_line":"Health records privacy","order_by":null,"url":"\/32.1-127.1_03\/"}],"permalink":{"id":185335,"object_type":"law","relational_id":79931,"identifier":"23.1-806","token":"23.1\/II\/8\/2\/23.1-806","url":"\/23.1-806\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/23.1-806\/","token":"23.1\/II\/8\/2\/23.1-806","dublin_core":{"Title":"Reporting of acts of sexual violence","Type":"Text","Format":"text\/html","Identifier":"\u00a7 23.1-806","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For purposes of this section:\n\t\t\t“Campus<\/span>” means (i) any building or property owned or controlled by an institution of higher education within the same reasonably contiguous geographic area of the institution and used by the institution in direct support of, or in a manner relating to, the institution’s educational purposes, including residence halls, and (ii) any building or property that is within or reasonably contiguous to the area described in clause (i) that is owned by the institution but controlled by another person, is frequently used by students, and supports institutional purposes, such as a food or other retail vendor.\n\t\t\t“Noncampus building or property<\/span>” means (i) any building or property owned or controlled by a student organization officially recognized by an institution of higher education or (ii) any building or property owned or controlled by an institution of higher education that is used in direct support of, or in relation to, the institution’s educational purposes, is frequently used by students, and is not within the same reasonably contiguous geographic area of the institution.\n\t\t\t“Public property<\/span>” means all public property<\/span>, including thoroughfares, streets, sidewalks, and parking facilities, that is within the campus<\/span>, or immediately adjacent to and accessible from the campus<\/span>.\n\t\t\t“Responsible employee<\/span>” means a person employed by a public institution of higher education<\/span> or nonprofit private institution of higher education<\/span><\/span> who has the authority to take action to redress sexual violence<\/span>, who has been given the duty of reporting acts of sexual violence<\/span> or any other misconduct by students to the Title IX coordinator<\/span> or other appropriate institution designee, or whom a student could reasonably believe has this authority or duty.\n\t\t\t“Sexual violence<\/span>” means physical sexual acts perpetrated against a person’s will or where a person is incapable of giving consent.\n\t\t\t“Title IX coordinator<\/span>” means an employee designated by a public institution of higher education<\/span> or nonprofit private institution of higher education<\/span><\/span> to coordinate the institution’s efforts to comply with and carry out the institution’s responsibilities under Title IX (20 U.S.C. § 1681 et seq.). If no such employee has been designated by the institution, the institution shall designate an employee who will be responsible for receiving information of alleged acts of sexual violence<\/span> from responsible employees<\/span> in accordance with subsection B. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any responsible employee<\/span> who in the course of his employment obtains information that an act of sexual violence<\/span> may have been committed against a student attending the institution or may have occurred on campus<\/span>, in or on a noncampus building or property<\/span>, or on public property<\/span> shall report such information to the Title IX coordinator<\/span> as soon as practicable after addressing the immediate needs of the victim. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Upon receipt of information pursuant to subsection B, the Title IX coordinator<\/span> or his designee shall promptly report the information, including any personally identifiable information, to a review committee established pursuant to subsection D. Nothing in this section shall prevent the Title IX coordinator<\/span> or any other responsible employee<\/span> from providing any information to law<\/span> enforcement with the consent of the victim. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Each public institution of higher education<\/span> and nonprofit private institution of higher education<\/span><\/span> shall establish a review committee for the purposes of reviewing information relating to acts of sexual violence<\/span>, including information reported pursuant to subsection C. Such review committee shall consist of three or more persons and shall include the Title IX coordinator<\/span> or his designee, a representative of law<\/span> enforcement, and a student affairs representative. If the institution has established a campus<\/span> police department pursuant to Article 3 (§ 23.1-809<\/a> et seq.), the representative of law<\/span> enforcement shall be a member of such department; otherwise, the representative of law<\/span> enforcement shall be a representative of campus<\/span> security. The review committee may be the threat assessment team established under § 23.1-805<\/a> or a separate body. The review committee may obtain law<\/span>-enforcement records, criminal history record information as provided in §§ 19.2-389<\/a> and 19.2-389.1<\/a>, health records as provided in § 32.1-127.1:03<\/a>, available institutional conduct or personnel records, and known facts<\/span> and circumstances of the information reported pursuant to subsection C or information or evidence<\/span> known to the institution or to law<\/span> enforcement. The review committee shall be considered to be a threat assessment team established pursuant to § 23.1-805<\/a> for purposes of (i) obtaining criminal history record information and health records and (ii) the Virginia Freedom of Information Act (§ 2.2-3700<\/a> et seq.). The review committee shall conduct its review in compliance with federal privacy law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Upon receipt of information of an alleged act of sexual violence<\/span> reported pursuant to subsection C, the review committee shall meet within 72 hours to review the information and shall meet again as necessary as new information becomes available. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> If, based on consideration of all factors, the review committee, or if the committee cannot reach a consensus, the representative of law<\/span> enforcement on the review committee, determines that the disclosure of the information, including personally identifiable information, is necessary to protect the health or safety of the student or other individuals as set forth in 34 C.F.R. § 99.36, the representative of law<\/span> enforcement on the review committee shall immediately disclose such information to the law<\/span>-enforcement agency that would be responsible for investigating the alleged act of sexual violence<\/span>. Such disclosure shall be for the purposes of investigation and other actions by law<\/span> enforcement. Upon such disclosure, the Title IX coordinator<\/span> or his designee shall notify the victim that such disclosure is being made. The provisions of this subsection shall not apply if the law<\/span>-enforcement agency responsible for investigating the alleged act of sexual violence<\/span> is located outside the United States. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> In cases in which the alleged act of sexual violence<\/span> would constitute a felony<\/span> violation of Article 7 (§ 18.2-61<\/a> et seq.) of Chapter 4 of Title 18.2, the representative of law<\/span> enforcement on the review committee shall inform the other members of the review committee and shall within 24 hours consult with the attorney for the Commonwealth or other prosecutor responsible for prosecuting the alleged act of sexual violence<\/span> and provide to him the information received by the review committee without disclosing personally identifiable information, unless such information was disclosed pursuant to subsection F. In addition, if such consultation does not occur and any other member of the review committee individually concludes that the alleged act of sexual violence<\/span> would constitute a felony<\/span> violation of Article 7 (§ 18.2-61<\/a> et seq.) of Chapter 4 of Title 18.2, that member shall within 24 hours consult with the attorney for the Commonwealth or other prosecutor responsible for prosecuting the alleged act of sexual violence<\/span> and provide to him the information received by the review committee without disclosing personally identifiable information, unless such information was disclosed pursuant to subsection F. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> At the conclusion of the review, the Title IX coordinator<\/span> and the law<\/span>-enforcement representative shall each retain (i) the authority to proceed with any further investigation or adjudication allowed under state or federal law<\/span> and (ii) independent records of the review team’s considerations, which shall be maintained under applicable state and federal law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> No responsible employee<\/span> shall be required to make a report pursuant to subsection B if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The responsible employee<\/span> obtained the information through any communication considered privileged under state or federal law<\/span> or the responsible employee<\/span> obtained the information in the course of providing services as a licensed health care professional, an employee providing administrative support for such health care professionals, a professional counselor, an accredited rape<\/span> crisis or domestic violence counselor, a campus<\/span> victim support personnel, a member of clergy, or an attorney; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The responsible employee<\/span> has actual knowledge that the same matter has already been reported to the Title IX coordinator<\/span> or to the attorney for the Commonwealth or the law<\/span>-enforcement agency responsible for investigating the alleged act of sexual violence<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> Any responsible employee<\/span> who makes a report required by this section or testifies in a judicial or administrative proceeding as a result of such report is immune from any civil liability alleged to have resulted therefrom unless such person acted in bad faith or with malicious<\/span> intent<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> The provisions of this section shall not require a person who is the victim of an alleged act of sexual violence<\/span> to report such violation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

L.<\/span> The institution shall ensure that a victim of an alleged act of sexual violence<\/span> is informed of (i) the available law<\/span>-enforcement options for investigation and prosecution<\/span>; (ii) the importance of collection and preservation of evidence<\/span>; (iii) the available options for a protective order<\/span>; (iv) the available campus<\/span> options for investigation and adjudication under the institution’s policies; (v) the victim’s rights to participate or decline to participate in any investigation to the extent permitted under state or federal law<\/span>; (vi) the applicable federal or state confidentiality provisions that govern information provided by a victim; (vii) the available on-campus<\/span> resources and any unaffiliated community resources, including sexual assault<\/span> crisis centers, domestic violence crisis centers, or other victim support services; and (viii) the importance of seeking appropriate medical attention. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nREPORTING OF ACTS OF SEXUAL VIOLENCE (\u00a7 23.1-806)\n\nA. For purposes of this section:\n\t\t\t“Campus” means (i) any building or property owned or controlled\nby an institution of higher education within the same reasonably contiguous\ngeographic area of the institution and used by the institution in direct support\nof, or in a manner relating to, the institution’s educational purposes,\nincluding residence halls, and (ii) any building or property that is within or\nreasonably contiguous to the area described in clause (i) that is owned by the\ninstitution but controlled by another person, is frequently used by students,\nand supports institutional purposes, such as a food or other retail vendor.\n\t\t\t“Noncampus building or property” means (i) any building or\nproperty owned or controlled by a student organization officially recognized by\nan institution of higher education or (ii) any building or property owned or\ncontrolled by an institution of higher education that is used in direct support\nof, or in relation to, the institution’s educational purposes, is\nfrequently used by students, and is not within the same reasonably contiguous\ngeographic area of the institution.\n\t\t\t“Public property” means all public property, including\nthoroughfares, streets, sidewalks, and parking facilities, that is within the\ncampus, or immediately adjacent to and accessible from the campus.\n\t\t\t“Responsible employee” means a person employed by a public\ninstitution of higher education or nonprofit private institution of higher\neducation who has the authority to take action to redress sexual violence, who\nhas been given the duty of reporting acts of sexual violence or any other\nmisconduct by students to the Title IX coordinator or other appropriate\ninstitution designee, or whom a student could reasonably believe has this\nauthority or duty.\n\t\t\t“Sexual violence” means physical sexual acts perpetrated against\na person’s will or where a person is incapable of giving consent.\n\t\t\t“Title IX coordinator” means an employee designated by a public\ninstitution of higher education or nonprofit private institution of higher\neducation to coordinate the institution’s efforts to comply with and carry\nout the institution’s responsibilities under Title IX (20 U.S.C. §\n1681 et seq.). If no such employee has been designated by the institution, the\ninstitution shall designate an employee who will be responsible for receiving\ninformation of alleged acts of sexual violence from responsible employees in\naccordance with subsection B.\n\nB. Any responsible employee who in the course of his employment obtains\ninformation that an act of sexual violence may have been committed against a\nstudent attending the institution or may have occurred on campus, in or on a\nnoncampus building or property, or on public property shall report such\ninformation to the Title IX coordinator as soon as practicable after addressing\nthe immediate needs of the victim.\n\nC. Upon receipt of information pursuant to subsection B, the Title IX\ncoordinator or his designee shall promptly report the information, including any\npersonally identifiable information, to a review committee established pursuant\nto subsection D. Nothing in this section shall prevent the Title IX coordinator\nor any other responsible employee from providing any information to law\nenforcement with the consent of the victim.\n\nD. Each public institution of higher education and nonprofit private institution\nof higher education shall establish a review committee for the purposes of\nreviewing information relating to acts of sexual violence, including information\nreported pursuant to subsection C. Such review committee shall consist of three\nor more persons and shall include the Title IX coordinator or his designee, a\nrepresentative of law enforcement, and a student affairs representative. If the\ninstitution has established a campus police department pursuant to Article 3\n(§ 23.1-809 et seq.), the representative of law enforcement shall be a\nmember of such department; otherwise, the representative of law enforcement\nshall be a representative of campus security. The review committee may be the\nthreat assessment team established under § 23.1-805 or a separate body. The\nreview committee may obtain law-enforcement records, criminal history record\ninformation as provided in §§ 19.2-389 and 19.2-389.1, health records\nas provided in § 32.1-127.1:03, available institutional conduct or\npersonnel records, and known facts and circumstances of the information reported\npursuant to subsection C or information or evidence known to the institution or\nto law enforcement. The review committee shall be considered to be a threat\nassessment team established pursuant to § 23.1-805 for purposes of (i)\nobtaining criminal history record information and health records and (ii) the\nVirginia Freedom of Information Act (§ 2.2-3700 et seq.). The review\ncommittee shall conduct its review in compliance with federal privacy law.\n\nE. Upon receipt of information of an alleged act of sexual violence reported\npursuant to subsection C, the review committee shall meet within 72 hours to\nreview the information and shall meet again as necessary as new information\nbecomes available.\n\nF. If, based on consideration of all factors, the review committee, or if the\ncommittee cannot reach a consensus, the representative of law enforcement on the\nreview committee, determines that the disclosure of the information, including\npersonally identifiable information, is necessary to protect the health or\nsafety of the student or other individuals as set forth in 34 C.F.R. §\n99.36, the representative of law enforcement on the review committee shall\nimmediately disclose such information to the law-enforcement agency that would\nbe responsible for investigating the alleged act of sexual violence. Such\ndisclosure shall be for the purposes of investigation and other actions by law\nenforcement. Upon such disclosure, the Title IX coordinator or his designee\nshall notify the victim that such disclosure is being made. The provisions of\nthis subsection shall not apply if the law-enforcement agency responsible for\ninvestigating the alleged act of sexual violence is located outside the United\nStates.\n\nG. In cases in which the alleged act of sexual violence would constitute a\nfelony violation of Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title\n18.2, the representative of law enforcement on the review committee shall inform\nthe other members of the review committee and shall within 24 hours consult with\nthe attorney for the Commonwealth or other prosecutor responsible for\nprosecuting the alleged act of sexual violence and provide to him the\ninformation received by the review committee without disclosing personally\nidentifiable information, unless such information was disclosed pursuant to\nsubsection F. In addition, if such consultation does not occur and any other\nmember of the review committee individually concludes that the alleged act of\nsexual violence would constitute a felony violation of Article 7 (§ 18.2-61\net seq.) of Chapter 4 of Title 18.2, that member shall within 24 hours consult\nwith the attorney for the Commonwealth or other prosecutor responsible for\nprosecuting the alleged act of sexual violence and provide to him the\ninformation received by the review committee without disclosing personally\nidentifiable information, unless such information was disclosed pursuant to\nsubsection F.\n\nH. At the conclusion of the review, the Title IX coordinator and the\nlaw-enforcement representative shall each retain (i) the authority to proceed\nwith any further investigation or adjudication allowed under state or federal\nlaw and (ii) independent records of the review team’s considerations,\nwhich shall be maintained under applicable state and federal law.\n\nI. No responsible employee shall be required to make a report pursuant to\nsubsection B if:\n\n 1. The responsible employee obtained the information through any communication\n considered privileged under state or federal law or the responsible employee\n obtained the information in the course of providing services as a licensed\n health care professional, an employee providing administrative support for\n such health care professionals, a professional counselor, an accredited rape\n crisis or domestic violence counselor, a campus victim support personnel, a\n member of clergy, or an attorney; or\n\n 2. The responsible employee has actual knowledge that the same matter has\n already been reported to the Title IX coordinator or to the attorney for the\n Commonwealth or the law-enforcement agency responsible for investigating the\n alleged act of sexual violence.\n\nJ. Any responsible employee who makes a report required by this section or\ntestifies in a judicial or administrative proceeding as a result of such report\nis immune from any civil liability alleged to have resulted therefrom unless\nsuch person acted in bad faith or with malicious intent.\n\nK. The provisions of this section shall not require a person who is the victim\nof an alleged act of sexual violence to report such violation.\n\nL. The institution shall ensure that a victim of an alleged act of sexual\nviolence is informed of (i) the available law-enforcement options for\ninvestigation and prosecution; (ii) the importance of collection and\npreservation of evidence; (iii) the available options for a protective order;\n(iv) the available campus options for investigation and adjudication under the\ninstitution’s policies; (v) the victim’s rights to participate or\ndecline to participate in any investigation to the extent permitted under state\nor federal law; (vi) the applicable federal or state confidentiality provisions\nthat govern information provided by a victim; (vii) the available on-campus\nresources and any unaffiliated community resources, including sexual assault\ncrisis centers, domestic violence crisis centers, or other victim support\nservices; and (viii) the importance of seeking appropriate medical attention.\n\nHISTORY: 2015, cc. 737, 745, \u00a7 23-9.2:15; 2016, c. 588.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}