SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2018 SESSION
18102260DBe it enacted by the General Assembly of Virginia:
1. That the Code of Virginia is amended by adding a section numbered 22.1-296.5 as follows:
§ 22.1-296.5. Probable cause of sexual misconduct; job assistance prohibited.
A. No person who is employed by, contracted with, or an agent of a (i) local school board or (ii) private elementary or secondary school that is accredited pursuant to § 22.1-19 shall assist an employee, contractor, or agent in obtaining a new job if such person, school board, or school knows or has probable cause to believe that such employee, contractor, or agent has engaged in sexual misconduct where the victim is a minor or student in violation of Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2 or § 18.2-361, 18.2-366, 18.2-370, 18.2-370.1, 18.2-370.6, 18.2-371, 18.2-374.1, 18.2-374.1:1, 18.2-374.3, 18.2-374.4, or 18.2-386.1.
B. Nothing in this section shall prohibit the routine transmission of administrative and personnel files.
C. The provisions of subsection A shall not apply if:
1.The information giving rise to probable cause has been properly reported to (i) a law-enforcement agency with jurisdiction over the alleged conduct and (ii) any other authorities as required by state and federal law, including Title IX of the Education Amendments of 1972 (20 U.S.C. 1681 et seq.); and
2. Either (i) the matter has been officially closed; (ii) the prosecutor or law-enforcement agency with jurisdiction over the alleged misconduct has investigated the allegation and notified school officials that there is insufficient information to establish probable cause that the employee, contractor, or agent engaged in such sexual misconduct; (iii) the employee, contractor, or agent has been charged with and acquitted or otherwise exonerated of the alleged misconduct; or (iv) the case or investigation remains open and there have been no charges filed against or there has been no indictment of the school employee, contractor, or agent within four years from the date on which the information was reported to law enforcement.