Law / United States / 
Virginia
Threat assessment teams at public institutions of higher education: criminal history and health records, notification and redisclosure
Va. Code Ann. § 23.1-805(D)-(F), (H), (J)
In force.
A sensitive categories rule binding government bodies.
- Obligation class
- Disclosure, Prohibition
- Audit expectation
- none
What it requires
- If you are a public institution of higher education and your threat assessment team makes a preliminary determination that an individual poses an articulable and significant threat of violence to others, obtain any available criminal history record information and health records, notify the campus police department, local law enforcement and the local attorney for the Commonwealth in writing within 24 hours, and disclose any specific threat of violence in that notification (Va. Code Ann. 23.1-805(F)).
- Do not let any member or invited representative of the threat assessment team redisclose criminal history record information or health information obtained under section 23.1-805, or use any record of an individual beyond the purpose for which it was disclosed to the team (Va. Code Ann. 23.1-805(H)).
- When otherwise consistent with state and federal law, notify the receiving institution of higher education or place of employment when a student or employee your threat assessment team determined to pose an articulable and significant threat of violence to others is transferring there (Va. Code Ann. 23.1-805(J)).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
Subsections D to F, H and J of section 23.1-805 govern how a threat assessment team obtains, discloses and limits the use of criminal history and health records. They set no duty to keep a log of access or disclosure.
- Kind
- None
- As of
What this law does
The governing board of each public institution of higher education must establish a threat assessment team that includes members from law enforcement, mental health professionals and representatives of student affairs and human resources. Upon a preliminary determination that an individual poses a threat of violence to self or others, exhibits significantly disruptive behavior or needs assistance, the team may obtain criminal history record information and health records.
Upon a preliminary determination that an individual poses an articulable and significant threat of violence to others, the team must obtain any available criminal history record information and health records, notify the campus police department, local law enforcement and the local attorney for the Commonwealth in writing within 24 hours, and disclose any specific threat of violence the individual poses as part of that notification.
No member or invited representative of a threat assessment team may redisclose criminal history record information or health information obtained under the section, or use any record of an individual beyond the purpose for which it was disclosed to the team.
When otherwise consistent with state and federal law, a public institution of higher education that knows a student or employee its threat assessment team determined to pose an articulable and significant threat of violence to others is transferring to another institution of higher education or place of employment must notify that institution or employer of the investigation and determination.
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