Certification of Review of Sexual Violence Policies by Virginia Higher Education Institutions
- Pursuant to Chapter 737 of the 2015 Acts of Assembly, each public institution of higher education or private nonprofit institution of higher education and the State Board for Community Colleges shall certify to the State Council of Higher Education for Virginia (SCHEV) that it has reviewed its sexual violence policy and updated it as appropriate.
- For institutions of higher education, the certification must be completed by the chief executive (president/superintendent/chancellor). The Chancellor of the Virginia Community College System (VCCS) shall sign the certification on behalf of the State Board for Community Colleges, and such certification shall be effective for all of the individual VCCS institutions.
- An institution shall certify that it reviewed its policies within the context of all applicable federal and state laws, regulations, and guidance including:
- The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 C.F.R. Part 99)
- The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (20 USC § 1092(f)), as revised by the implementing regulations of the Violence Against Women Act (VAWA) (34 C.F. R. Part 668, effective July 1, 2015).
- Title IX of the Education Amendments of 1972 (Title IX), 20 U.S.C. §§ 1681 et seq.
- Title IX implementing regulations (34 C.F.R. Part 106)
All applicable requirements of the Code of Virginia, including the provisions of Chapter 707, Chapter 737, and Chapter 771 of the 2015 Acts of Assembly (HB 1785, HB 1930 / SB 712, SB 1193).
The certification should include a statement that the review was conducted in coordination with the institution's legal counsel (counsel with the Office of the Attorney General for public institutions, or in-house or retained counsel for private institutions).
For purposes of assisting SCHEV in compiling information regarding best practices and improving campus safety, institutions are requested to provide substantive information on policy updates and to state whether policies have been reviewed and approved by the Office for Civil Rights. SCHEV acknowledges that only certain institutions under investigation or monitoring by the Office for Civil Rights will have the opportunity to seek such review.
- U. S. Department of Education's Office for Civil Rights Dear Colleague Letters and related resources:
- January 19, 2001 Revised Sexual Harassment Guidance
- April 4, 2011 Dear Colleague Letter: Sexual Violence
- April 29, 2014 Questions and Answers on Title IX and Sexual Violence
- April 24, 2015 Dear Colleague Letter: Title IX Coordinators
- April 24, 2015 Title IX Resource Guide.
Deadline for submission is October 31, annually.