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2015 SESSION

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15104866D
HOUSE BILL NO. 1888 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the House Committee for Courts of Justice on February 6, 2015) (Patron Prior to Substitute--Delegate Jones) A BILL to amend the Code of Virginia by adding in Chapter 1 of Title 23 a section numbered 23-9.2:15, relating to academic transcripts; suspension, permanent dismissal, or withdrawal from institution.

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding in Chapter 1 of Title 23 a section numbered 23-9.2:15 as follows:

§ 23-9.2:15. Academic transcripts; suspension, permanent dismissal, or withdrawal from institution; sexual misconduct.

A. The registrar of each (i) private institution of higher education that is eligible to participate in the Tuition Assistance Grant Program or to receive project financing from the Virginia College Building Authority pursuant to the Educational Facilities Authority Act of 1972 (§ 23-30.39 et seq.) and (ii) public institution of higher education, or the other employee, office, or department of the institution that is responsible for maintaining student academic records, shall include a prominent notation on the academic transcript of each student who has been suspended for, has been permanently dismissed for, or withdraws from the institution while under investigation for a violation of the institution's code, rules, or set of standards governing student sexual misconduct that would constitute any felony violation of Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2. Such notation shall state (a) the specific violation in the institution's code, rules, or set of standards that the student committed or, if the student withdrew from the institution while under investigation, was alleged to have committed and (b) whether such student was either suspended or permanently dismissed for such violation or whether such student withdrew from the institution while under investigation for such violation. Each such institution shall (1) notify each student that any such suspension, dismissal, or withdrawal will be documented on his academic transcript and (2) adopt a procedure for removing such notation from the academic transcript of any student who is subsequently found not to have violated the institution's code, rules, or set of standards governing student sexual misconduct.

B. Any person who has a notation placed on his academic transcript pursuant to subsection A may file an action against the institution seeking the removal of the notation. Such action shall be filed in the circuit court serving the jurisdiction in which the institution is located no later than 30 days after the exhaustion of all administrative appeals. The institution shall bear the burden of proof to establish by a preponderance of the evidence that the violation of the institution's code, rules, or set of standards governing student sexual misconduct occurred or that the student withdrew from the institution while under investigation for a violation of the institution's code, rules, or set of standards governing student sexual misconduct.