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2020 SESSION

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20103133D
HOUSE BILL NO. 913 Offered January 8, 2020 Prefiled January 7, 2020 A BILL to amend and reenact § 23.1-808 of the Code of Virginia, relating to institutions of higher education; sexual violence policies; immunity from disciplinary action; certain students who make reports. ----------
Patrons-- Helmer, Bulova, Collins, Coyner, Hudson, Aird, Ayala, Bourne, Carter, Delaney, Gooditis, Guy, Hayes, Hurst, Jenkins, Krizek, Lopez, McQuinn, Mugler, Murphy, Price, Rasoul, Roem, Samirah, Scott, Tyler and Willett
---------- Referred to Committee on Education ----------

Be it enacted by the General Assembly of Virginia:

1. That § 23.1-808 of the Code of Virginia is amended and reenacted as follows:

§ 23.1-808. Sexual violence policy; review; contents.

A. By October 31 of each year, the System, Richard Bland College, each baccalaureate public institution of higher education, and each nonprofit private institution of higher education shall certify to the Council that it has reviewed its sexual violence policy and updated it as appropriate. The Council and the Department of Criminal Justice Services shall establish criteria for the certification process and may request information relating to the policies for the purposes of sharing best practices and improving campus safety. The Council and the Department of Criminal Justice Services shall report to the Secretary of Education on the certification status of each such institution by November 30 of each year.

B. The System, Richard Bland College, each baccalaureate public institution of higher education, and each nonprofit private institution of higher education shall include in its sexual violence policy a requirement that any enrolled student who (i) reports to any individual employed by the institution that an act of sexual violence occurred on campus, in or on a noncampus building or property, or on public property, as such terms are defined in § 23.1-806, and (ii) the institution determines, as a result of any investigation relating to such alleged act of sexual violence, committed a separate, unrelated, nonviolent act that violates the institution's code, rules, or set of standards governing student conduct is immune from disciplinary action for such violation.