Law / United States / 
Virginia
Reports of sexual violence at institutions of higher education: personally identifiable information and the review committee
Va. Code Ann. § 23.1-806(C), (F), (G)
In force.
A sensitive categories rule binding public and private bodies.
- Obligation class
- Disclosure, Prohibition
- Audit expectation
- none
What it requires
- If you are a public institution of higher education or a nonprofit private institution of higher education, have the Title IX coordinator or a designee promptly report information received about an act of sexual violence, including any personally identifiable information, to the institution's review committee (Va. Code Ann. 23.1-806(C)).
- When the review committee, or the law-enforcement representative if the committee cannot reach a consensus, determines that disclosing 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, have the law-enforcement representative immediately disclose it to the law-enforcement agency responsible for investigating, and have the Title IX coordinator notify the victim that the disclosure is being made; this does not apply if that agency is located outside the United States (Va. Code Ann. 23.1-806(F)).
- When the alleged act of sexual violence would constitute a felony under Article 7 of Chapter 4 of Title 18.2, have the law-enforcement representative consult the prosecutor within 24 hours and provide the information the review committee received without disclosing personally identifiable information, unless it was disclosed under subsection F (Va. Code Ann. 23.1-806(G)).
These lines are LexLint's reading of the law's text.
What record it asks for
Logging duty
Subsections C, F and G of section 23.1-806 govern when personally identifiable information about a reported act of sexual violence goes to the review committee, to law enforcement and to a prosecutor. They set no separate duty to keep a log; subsection H separately requires retention of independent records of the review.
- Kind
- None
- As of
What this law does
The Title IX coordinator of a public or nonprofit private institution of higher education, or a designee, must promptly report information received about an act of sexual violence, including any personally identifiable information, to the institution's review committee.
If the review committee, or the law-enforcement representative when the committee cannot reach a consensus, determines that disclosing the information, including personally identifiable information, is necessary to protect the health or safety of the student or other individuals as set out in the federal FERPA regulation, the law-enforcement representative must immediately disclose it to the law-enforcement agency responsible for investigating, and the Title IX coordinator must notify the victim that the disclosure is being made.
The disclosure duty in subsection F does not apply if the law-enforcement agency responsible for investigating the alleged act of sexual violence is located outside the United States.
Where the alleged act would constitute a felony under Article 7 of Chapter 4 of Title 18.2, the law-enforcement representative must within 24 hours consult the attorney for the Commonwealth or other responsible prosecutor and provide the information the review committee received without disclosing personally identifiable information, unless that information was disclosed under subsection F.
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