                                 CODE OF VIRGINIA

SEXUAL VIOLENCE; POLICY REVIEW; DISCIPLINARY IMMUNITY FOR CERTAIN INDIVIDUALS
WHO MAKE REPORTS (§ 23.1-808)

A. By October 31 of each year, the System, Richard Bland College, each
baccalaureate public institution of higher education, and each nonprofit private
institution of higher education shall certify to the Council that it has
reviewed its sexual violence policy and updated it as appropriate. The Council
and the Department of Criminal Justice Services shall establish criteria for the
certification process and may request information relating to the policies for
the purposes of sharing best practices and improving campus safety. The Council
and the Department of Criminal Justice Services shall report to the Secretary of
Education on the certification status of each such institution by November 30 of
each year.

B. The governing board of each nonprofit private institution of higher education
and each public institution of higher education, including the Virginia Military
Institute in accordance with the provisions of subsection C, shall include as
part of its policy, code, rules, or set of standards governing sexual violence a
provision for immunity from disciplinary action based on (i) curfew violation or
(ii) personal consumption of drugs or alcohol in any case in which disclosure of
such violation or personal consumption is made in conjunction with a good faith
report of an act of sexual violence.

C. The Virginia Military Institute shall be subject to the requirement in
subsection B, provided, however, that the Virginia Military Institute may
include a provision stipulating that in the event that a cadet discloses
personal consumption of drugs or alcohol in conjunction with a good faith report
of an act of sexual violence and the superintendent of the Virginia Military
Institute determines that such cadet&#8217;s personal consumption of drugs or
alcohol constitutes a threat to the cadet&#8217;s well-being or the well-being
of others, the superintendent may require such cadet to attend drug or substance
use disorder counseling.

HISTORY: 2015, cc. 737, 745, § 23-9.2:17; 2016, c. 588; 2020, c. 1041; 2023, c.
160.