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2016 SESSION
16101126DBe it enacted by the General Assembly of Virginia:
1. That § 23-9.2:18 of the Code of Virginia is amended and reenacted as follows:
§ 23-9.2:18. Academic transcripts; suspension, permanent dismissal, or withdrawal from institution.
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 an offense involving sexual violence under the institution's
code, rules, or set of standards governing student conduct stating that such
student was suspended for, was permanently dismissed for, or withdrew from the
institution while under investigation for an offense involving sexual violence
under the institution's code, rules, or set of standards. Such notation shall
be substantially in the following form: "[Suspended, Dismissed, or
Withdrew while under investigation] for a violation of [insert name of
institution's code, rules, or set of standards]." Each such institution
shall (a) notify each student that any such suspension, permanent dismissal, or
withdrawal will be documented on the student's academic transcript and;
(b) adopt a procedure for removing such notation from the academic transcript
of any student who is subsequently found not to have committed an offense
involving sexual violence under the institution's code, rules, or set of
standards governing student conduct; and
(c) require the dean of students or similar such individual at any other institution
of higher education within or outside the Commonwealth to submit
to it a letter certifying the good
standing of any student who seeks
admission to the institution that requires the letter of
certification and who, at
the time such student withdraws from the other institution within
or outside the Commonwealth, is determined
to be in good standing according to the
institution's code, rules, or set of standards governing such a determination and is not
under investigation or subject to any
pending institutional proceedings for a violation
of the institution's code, rules, or set of standards
governing student conduct. For purposes of this section,
"sexual violence" means physical sexual acts perpetrated against a
person's will or against a person incapable of giving consent.
B. The institution shall remove from a student's academic transcript any notation placed on such transcript pursuant to subsection A due to such student's suspension if the student (i) completed the term of the suspension and any conditions thereof and (ii) has been determined by the institution to be in good standing according to the institution's code, rules, or set of standards governing such a determination.
C. The provisions of this section shall apply only to a student who is taking or has taken a course at a campus of a public or private institution of higher education located in the Commonwealth; however, the provisions of this section shall not apply to any public institution of higher education established pursuant to Chapter 10 (§ 23-92 et seq.).