                                 CODE OF VIRGINIA

VIOLENCE PREVENTION COMMITTEE; THREAT ASSESSMENT TEAM (§ 23.1-805)

A. Each public institution of higher education shall establish policies and
procedures for the prevention of violence on campus, including assessment of and
intervention with individuals whose behavior poses a threat to the safety of the
campus community.

B. The governing board of each public institution of higher education shall
determine a violence prevention committee structure on campus composed of
individuals charged with education on and prevention of violence on campus. Each
violence prevention committee shall include representatives from student
affairs, law enforcement, human resources, counseling services, residence life,
and other constituencies as needed and shall consult with legal counsel as
needed. Each violence prevention committee shall develop a clear statement of
mission, membership, and leadership. Such statement shall be published and made
available to the campus community.

C. Each violence prevention committee shall (i) provide guidance to students,
faculty, and staff regarding recognition of threatening or aberrant behavior
that may represent a physical threat to the community; (ii) identify members of
the campus community to whom threatening behavior should be reported; (iii)
establish policies and procedures that outline circumstances under which all
faculty and staff are required to report behavior that may represent a physical
threat to the community, provided that such report is consistent with state and
federal law; and (iv) establish policies and procedures for (a) the assessment
of individuals whose behavior may present a threat, (b) appropriate means of
intervention with such individuals, and (c) sufficient means of action,
including interim suspension, referrals to community services boards or health
care providers for evaluation or treatment, medical separation to resolve
potential physical threats, and notification of family members or guardians, or
both, unless such notification would prove harmful to the individual in
question, consistent with state and federal law.

D. The governing board of each public institution of higher education shall
establish a threat assessment team that includes members from law enforcement,
mental health professionals, and representatives of student affairs and human
resources. College or university counsel shall be invited to provide legal
advice. Each such threat assessment team may invite other representatives from
campus to participate in individual cases, but no such representative shall be
considered a member of the threat assessment team. Each threat assessment team
shall implement the assessment, intervention, and action policies set forth by
the violence prevention committee pursuant to subsection C.

E. Each threat assessment team shall establish relationships or utilize existing
relationships with mental health agencies and local and state law-enforcement
agencies to expedite assessment of and intervention with individuals whose
behavior may present a threat to safety. Upon a preliminary determination that
an individual poses a threat of violence to self or others or exhibits
significantly disruptive behavior or a need for assistance, the threat
assessment team may obtain criminal history record information as provided in
&#xA7;&#xA7; 19.2-389 and 19.2-389.1 and health records as provided in &#xA7;
32.1-127.1:03.

F. Upon a preliminary determination that an individual poses an articulable and
significant threat of violence to others, the threat assessment team shall:

   1. Obtain any available criminal history record information as provided in
   &#xA7;&#xA7; 19.2-389 and 19.2-389.1 and any available health records as
   provided in &#xA7; 32.1-127.1:03;

   2. Notify in writing within 24 hours upon making such preliminary
   determination (i) the campus police department, (ii) local law enforcement for
   the city or county in which the public institution of higher education is
   located, local law enforcement for the city or county in which the individual
   resides, and, if known to the threat assessment team, local law enforcement
   for the city or county in which the individual is located, and (iii) the local
   attorney for the Commonwealth in any jurisdiction where the threat assessment
   team has notified local law enforcement; and

   3. Disclose any specific threat of violence posed by the individual as part of
   such notification.

G. The custodians of any criminal history record information or health records
shall, upon request from a threat assessment team pursuant to subsections E and
F, produce the information or records requested.

H. No member or invited representative of a threat assessment team shall
redisclose any criminal history record information or health information
obtained pursuant to this section or otherwise use any record of an individual
beyond the purpose for which such disclosure was made to the threat assessment
team.

I. Each threat assessment team member shall complete a minimum of eight hours of
initial training within 12 months of appointment to the threat assessment team
and shall complete a minimum of two hours of threat assessment training each
academic year thereafter. Training shall be conducted by the Department of
Criminal Justice Services (the Department) or an independent entity approved by
the Department.

J. When otherwise consistent with applicable state and federal law, in the event
that a public institution of higher education has knowledge that a student or
employee who was determined pursuant to an investigation by the
institution&#8217;s threat assessment team to pose an articulable and
significant threat of violence to others is transferring to another institution
of higher education or place of employment, the public institution of higher
education from which the individual is transferring shall notify the institution
of higher education or place of employment to which the individual is
transferring of such investigation and determination.

HISTORY: 2008, cc. 450, 533, § 23-9.2:10; 2010, cc. 456, 524; 2013, c. 710;
2014, cc. 793, 799; 2016, c. 588; 2023, cc. 226, 227.