SENATE BILL NO. 539 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on Education and Health on January 31, 2008) (Patron Prior to Substitute--Senator Obenshain) A BILL to amend the Code of Virginia by adding in Chapter 1 of Title 23 a section numbered 23-9.2:9, relating to violence prevention and threat assessment at each public institution of higher education in the Commonwealth.

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding in Chapter 1 of Title 23 a section numbered 23-9.2:9 as follows:

§ 23-9.2:9. Violence prevention committee; threat assessment team.

A. Each public college or university shall have in place policies and procedures for the prevention of violence on campus, including assessment and intervention with individuals whose behavior poses a threat to the safety of the campus community.   

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. Once formed, each committee shall develop a clear statement of: (i) mission, (ii) membership, and (iii) leadership. Such statement shall be published and available to the campus community.

C. Each committee shall be charged with: (i) providing guidance to students, faculty, and staff regarding recognition of threatening or aberrant behavior that may represent a threat to the community; (ii) identification of members of the university community to whom threatening behavior should be reported; and (iii) policies and procedures for the assessment of individuals whose behavior may present a threat, appropriate means of intervention with such individuals, and sufficient means of action, including interim suspension or medical separation to resolve potential threats.

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 pursuant to subsection C.

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. 

SENATE BILL NO. 539 Offered January 9, 2008 Prefiled January 9, 2008 A BILL to amend the Code of Virginia by adding in Chapter 1 of Title 23 a section numbered 23-9.2:9, relating to threat assessment teams at each public institution of higher education in the Commonwealth. ---------- Patron-- Obenshain ---------- Referred to Committee on Education and Health ----------

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding in Chapter 1 of Title 23 a section numbered 23-9.2:9 as follows:

§ 23-9.2:9. Threat assessment team; establishment; duties.

A. The board of visitors or other governing body of every public institution of higher education in the Commonwealth shall establish a threat assessment team that includes student and faculty representatives, law enforcement, human resources, legal counsel, and mental health professionals in order to address incidents of aberrant, dangerous, or threatening behavior on campus and to provide guidance and best practices for preventing violence.   

B. The board of visitors or other governing body shall determine the infrastructure of the threat assessment team that may include, but not be limited to, the following areas: (i) mission statement; (ii) membership; and (iii) leadership of the team.

C. Each threat assessment team, with the assistance of counsel, shall develop and adopt a campus-wide threat assessment policy that provides (i) guidance to students, faculty, and staff about how to recognize and address threatening behavior, including the identification of specific individuals on the threat assessment team with whom to share information and when that information may be shared; and (ii) access to a range of support services for students including mental health services, crisis management, and comprehensive and compassionate services for victims.

D. Each threat assessment team shall regularly seek cooperation from: (i) residential life; (ii) academic affairs; (iii) law enforcement; (iv) the counseling center; and (v) student judicial affairs in order to successfully monitor any threatening behavior.