Virginia Code that gives authority to establish and operate campus violence prevention committees and threat assessment teams.
AUTHORITY FOR A TEAM VA Code § 23-9.2:10. B. The board of visitors or other governing body of each public institution of higher education shall determine a committee structure on campus of individuals charged with education and prevention of violence on campus. Each committee shall include representatives from student affairs, law enforcement, human resources, counseling services, residence life, and other constituencies as needed. Such committee shall also consult with legal counsel as needed. D. The board of visitors or other governing body of each public institution of higher education shall establish a specific threat assessment team that shall include members from law enforcement, mental health professionals, representatives of student affairs and human resources, and, if available, college or university counsel. Such team shall implement the assessment, intervention and action policies set forth by the committee.
Virginia Code that allows the team to access criminal history record information and health records for the purpose of threat assessment and case management.
RECORDS ACCESS VA Code § 23-9.2:10. E. Each threat assessment team shall establish relationships or utilize existing relationships with local and state law-enforcement agencies as well as mental health agencies to expedite assessment and intervention with individuals whose behavior may present a threat to safety. Upon a preliminary determination that an individual poses a threat of violence to self or others, or exhibits significantly disruptive behavior or need for assistance, a threat assessment team may obtain criminal history record information, as provided in§§19.2-389 and 19.2-389.1, and health records, as provided in§32.1-127.1:03. No member of a threat assessment team shall re-disclose any criminal history record information or health information obtained pursuant to this section or otherwise use any record of an individual beyond the purpose for which such disclosure was made to the threat assessment team.
This section of Code is specific to dissemination of criminal history records information.
CRIMINAL HISTORY RECORD INFORMATION VA Code: §19.2-389. Dissemination of criminal history record information. A. Criminal history record information shall be disseminated, whether directly or through an intermediary, only to: (25.) Members of a threat assessment team established by a public institution of higher education pursuant to §23- 9.2:10, for the purpose of assessing or intervening with an individual whose behavior may present a threat to safety;
This section of Code addresses the dissemination of juvenile records information.
JUVENILE RECORD INFORMATION VA Code: 19.2-389.1. Dissemination of juvenile record information. Record information maintained in the Central Criminal Records Exchange pursuant to the provisions of §16.1-299 shall be disseminated only: (x) to members of a threat assessment team established by a public institution of higher education pursuant to § 23- 9.2:10, to aid in the assessment or intervention with individuals whose behavior may present a threat to safety.
Virginia Code that allows health care entities to share information from health records with a threat assessment team when the records have to do with a student at that Virginia college or university.
VIRGINIA HEALTH RECORDS PRIVACY ACT VA Code: § 32.1-127.1:03. Health records privacy. D. Health care entities may, and, when required by other provisions of state law, shall, disclose health records: (35.) To a threat assessment team established by a public institution of higher education pursuant to §23-9.2:10 when such records concern a student at the public institution of higher education, including a student who is a minor.
The Virginia Code now also allows threat assessment team records to be excluded from Freedom of Information Act (FOIA) requests.
TAT RECORDS EXCLUSION FROM FOIA VA Code:§2.2-3705.4. The following records are excluded from the provisions of this chapter but may be disclosed by the custodian in his discretion, except where such disclosure is prohibited by law: (8.) Records of a threat assessment team established by a public institution of higher education pursuant to§23- 9.2:10 relating to the assessment or intervention with a specific individual.
Threat Assessment Team (TAT) RECORDS EXCLUSION FROM FOIA
However, in the event an individual who has been under assessment commits an act, or is prosecuted for the commission of an act that has caused the death of, or caused serious bodily injury, including any felony sexual assault, to another person, the records of such threat assessment team concerning the individual under assessment shall be made available as provided by this chapter, with the exception of any criminal history records obtained pursuant to§19.2-389 or 19.2-389.1, health records obtained pursuant to§32.1-127.1:03, or scholastic records as defined in§22.1-289. The public body providing such records shall remove information identifying any person who provided information to the threat assessment team under a promise of confidentiality.
REPORTING OF ACTS OF SEXUAL VIOLENCE VA Code 23-9.2:15. Requires each institution of higher education or private nonprofit institution of higher education to establish a review committee for the purposes of reviewing information related to acts of sexual violence that are reported to the Title IX Coordinator or his designee. The review committee may be the threat assessment team established under 23-9.2:10. The review committee may obtain law enforcement records, criminal history record information, health records, available institutional conduct or personnel records, and known facts and circumstances of the information reported or known to the institution or law enforcement. The review committee shall conduct its review in compliance with federal privacy law, meet within 72 hours to review the information and shall meet again as necessary as new information becomes available. At the conclusion of the review, the Title IX Coordinator and the law enforcement representative shall each retain authority to proceed with any further investigation or adjudication allowed under state or federal law.