§ 23-9.2:3. Power of governing body of educational institution to establishrules and regulations; offenses occurring on property of institution; statedirect student financial assistance; release of educational records.
A. In addition to the powers now enjoyed by it, the board of visitors orother governing body of every educational institution shall have the power:
1. To establish rules and regulations for the acceptance and assistance ofstudents except that (i) individuals who have failed to meet the federalrequirement to register for the selective service shall not be eligible toreceive any state direct student assistance; (ii) the accreditation status ofa Virginia public high school shall not be considered in making admissionsdeterminations for students who have earned a diploma pursuant to therequirements established by the Board of Education; and (iii) the governingboards of the four-year institutions shall establish policies providing forthe admission of certain graduates of Virginia community colleges as setforth in § 23-9.2:3.02.
2. To establish rules and regulations for the conduct of students whileattending such institution.
3. To establish programs, in cooperation with the State Council of HigherEducation and the Office of the Attorney General, to promote compliance amongstudents with the Commonwealth's laws relating to the use of alcoholicbeverages.
4. To establish rules and regulations for the rescission or restriction offinancial aid, within the discretionary authority provided to the institutionby federal or state law and regulations, and the suspension and dismissal ofstudents who fail or refuse to abide by such rules and regulations for theconduct of students.
5. To establish rules and regulations for the employment of professors,teachers, instructors and all other employees and provide for their dismissalfor failure to abide by such rules and regulations.
6. To provide parking and traffic rules and regulations on property owned bysuch institution.
7. To establish guidelines for the initiation or induction into any socialfraternity or sorority in accordance with § 18.2-56.
8. To establish programs, in cooperation with the State Council of HigherEducation for Virginia and the Office of the Attorney General, to promote theawareness and prevention of sexual crimes committed upon students.
B. Upon receipt of an appropriate resolution of the board of visitors orother governing body of an educational institution, the governing body of apolitical subdivision which is contiguous to the institution shall enforcestate statutes and local ordinances with respect to offenses occurring on theproperty of the institution.
The governing bodies of the public institutions of higher education shallassist the State Council of Higher Education in enforcing the provisionsrelated to eligibility for financial aid.
C. Notwithstanding any other provision of state law, the board of visitors orother governing body of every public institution of higher education inVirginia shall establish policies and procedures requiring the notificationof the parent of a dependent student when such student receives mental healthtreatment at the institution's student health or counseling center and suchtreatment becomes part of the student's educational record in accordance withthe federal Health Insurance Portability and Accountability Act (42 U.S.C. §1320d et seq.) and may be disclosed without prior consent as authorized bythe federal Family Educational Rights and Privacy Act (20 U.S.C. § 1232g) andrelated regulations (34 C.F.R. Part 99). Such notification shall only berequired if it is determined that there exists a substantial likelihood that,as a result of mental illness the student will, in the near future, (i) causeserious physical harm to himself or others as evidenced by recent behavior orany other relevant information or (ii) suffer serious harm due to his lack ofcapacity to protect himself from harm or to provide for his basic humanneeds. However, notification may be withheld if the student's treatingphysician or treating clinical psychologist has made a part of the student'srecord a written statement that, in the exercise of his professionaljudgment, the notification would be reasonably likely to cause substantialharm to the student or another person. No public institution of highereducation or employee of a public institution of higher education making adisclosure pursuant to this subsection shall be civilly liable for any harmresulting from such disclosure unless such disclosure constitutes grossnegligence or willful misconduct by the institution or its employees.
D. The board of visitors or other governing body of every public institutionof higher education in Virginia shall establish policies and proceduresrequiring the release of the educational record of a dependent student, asdefined by 20 U.S.C. § 1232g, to a parent at his request.
E. In order to improve the quality of the Commonwealth's work force andeducational programs, the governing bodies of the public institutions ofhigher education shall establish programs to seek to ensure that allgraduates have the technology skills necessary to compete in the 21st Centuryand, particularly, that all students matriculating in teacher-trainingprograms receive instruction in the effective use of educational technology.
(1970, c. 197; 1985, c. 520; 1987, c. 109; 1992, c. 630; 1997, c. 827; 1998,cc. 39, 362, 483, 784; 2001, cc. 664, 673; 2005, c. 818; 2006, c. 121; 2008,cc. 441, 495.)
§ 23-9.2:3. Power of governing body of educational institution to establishrules and regulations; offenses occurring on property of institution; statedirect student financial assistance; release of educational records.
A. In addition to the powers now enjoyed by it, the board of visitors orother governing body of every educational institution shall have the power:
1. To establish rules and regulations for the acceptance and assistance ofstudents except that (i) individuals who have failed to meet the federalrequirement to register for the selective service shall not be eligible toreceive any state direct student assistance; (ii) the accreditation status ofa Virginia public high school shall not be considered in making admissionsdeterminations for students who have earned a diploma pursuant to therequirements established by the Board of Education; and (iii) the governingboards of the four-year institutions shall establish policies providing forthe admission of certain graduates of Virginia community colleges as setforth in § 23-9.2:3.02.
2. To establish rules and regulations for the conduct of students whileattending such institution.
3. To establish programs, in cooperation with the State Council of HigherEducation and the Office of the Attorney General, to promote compliance amongstudents with the Commonwealth's laws relating to the use of alcoholicbeverages.
4. To establish rules and regulations for the rescission or restriction offinancial aid, within the discretionary authority provided to the institutionby federal or state law and regulations, and the suspension and dismissal ofstudents who fail or refuse to abide by such rules and regulations for theconduct of students.
5. To establish rules and regulations for the employment of professors,teachers, instructors and all other employees and provide for their dismissalfor failure to abide by such rules and regulations.
6. To provide parking and traffic rules and regulations on property owned bysuch institution.
7. To establish guidelines for the initiation or induction into any socialfraternity or sorority in accordance with § 18.2-56.
8. To establish programs, in cooperation with the State Council of HigherEducation for Virginia and the Office of the Attorney General, to promote theawareness and prevention of sexual crimes committed upon students.
B. Upon receipt of an appropriate resolution of the board of visitors orother governing body of an educational institution, the governing body of apolitical subdivision which is contiguous to the institution shall enforcestate statutes and local ordinances with respect to offenses occurring on theproperty of the institution.
The governing bodies of the public institutions of higher education shallassist the State Council of Higher Education in enforcing the provisionsrelated to eligibility for financial aid.
C. Notwithstanding any other provision of state law, the board of visitors orother governing body of every public institution of higher education inVirginia shall establish policies and procedures requiring the notificationof the parent of a dependent student when such student receives mental healthtreatment at the institution's student health or counseling center and suchtreatment becomes part of the student's educational record in accordance withthe federal Health Insurance Portability and Accountability Act (42 U.S.C. §1320d et seq.) and may be disclosed without prior consent as authorized bythe federal Family Educational Rights and Privacy Act (20 U.S.C. § 1232g) andrelated regulations (34 C.F.R. Part 99). Such notification shall only berequired if it is determined that there exists a substantial likelihood that,as a result of mental illness the student will, in the near future, (i) causeserious physical harm to himself or others as evidenced by recent behavior orany other relevant information or (ii) suffer serious harm due to his lack ofcapacity to protect himself from harm or to provide for his basic humanneeds. However, notification may be withheld if the student's treatingphysician or treating clinical psychologist has made a part of the student'srecord a written statement that, in the exercise of his professionaljudgment, the notification would be reasonably likely to cause substantialharm to the student or another person. No public institution of highereducation or employee of a public institution of higher education making adisclosure pursuant to this subsection shall be civilly liable for any harmresulting from such disclosure unless such disclosure constitutes grossnegligence or willful misconduct by the institution or its employees.
D. The board of visitors or other governing body of every public institutionof higher education in Virginia shall establish policies and proceduresrequiring the release of the educational record of a dependent student, asdefined by 20 U.S.C. § 1232g, to a parent at his request.
E. In order to improve the quality of the Commonwealth's work force andeducational programs, the governing bodies of the public institutions ofhigher education shall establish programs to seek to ensure that allgraduates have the technology skills necessary to compete in the 21st Centuryand, particularly, that all students matriculating in teacher-trainingprograms receive instruction in the effective use of educational technology.
(1970, c. 197; 1985, c. 520; 1987, c. 109; 1992, c. 630; 1997, c. 827; 1998,cc. 39, 362, 483, 784; 2001, cc. 664, 673; 2005, c. 818; 2006, c. 121; 2008,cc. 441, 495.)
§ 23-9.2:3. Power of governing body of educational institution to establishrules and regulations; offenses occurring on property of institution; statedirect student financial assistance; release of educational records.
A. In addition to the powers now enjoyed by it, the board of visitors orother governing body of every educational institution shall have the power:
1. To establish rules and regulations for the acceptance and assistance ofstudents except that (i) individuals who have failed to meet the federalrequirement to register for the selective service shall not be eligible toreceive any state direct student assistance; (ii) the accreditation status ofa Virginia public high school shall not be considered in making admissionsdeterminations for students who have earned a diploma pursuant to therequirements established by the Board of Education; and (iii) the governingboards of the four-year institutions shall establish policies providing forthe admission of certain graduates of Virginia community colleges as setforth in § 23-9.2:3.02.
2. To establish rules and regulations for the conduct of students whileattending such institution.
3. To establish programs, in cooperation with the State Council of HigherEducation and the Office of the Attorney General, to promote compliance amongstudents with the Commonwealth's laws relating to the use of alcoholicbeverages.
4. To establish rules and regulations for the rescission or restriction offinancial aid, within the discretionary authority provided to the institutionby federal or state law and regulations, and the suspension and dismissal ofstudents who fail or refuse to abide by such rules and regulations for theconduct of students.
5. To establish rules and regulations for the employment of professors,teachers, instructors and all other employees and provide for their dismissalfor failure to abide by such rules and regulations.
6. To provide parking and traffic rules and regulations on property owned bysuch institution.
7. To establish guidelines for the initiation or induction into any socialfraternity or sorority in accordance with § 18.2-56.
8. To establish programs, in cooperation with the State Council of HigherEducation for Virginia and the Office of the Attorney General, to promote theawareness and prevention of sexual crimes committed upon students.
B. Upon receipt of an appropriate resolution of the board of visitors orother governing body of an educational institution, the governing body of apolitical subdivision which is contiguous to the institution shall enforcestate statutes and local ordinances with respect to offenses occurring on theproperty of the institution.
The governing bodies of the public institutions of higher education shallassist the State Council of Higher Education in enforcing the provisionsrelated to eligibility for financial aid.
C. Notwithstanding any other provision of state law, the board of visitors orother governing body of every public institution of higher education inVirginia shall establish policies and procedures requiring the notificationof the parent of a dependent student when such student receives mental healthtreatment at the institution's student health or counseling center and suchtreatment becomes part of the student's educational record in accordance withthe federal Health Insurance Portability and Accountability Act (42 U.S.C. §1320d et seq.) and may be disclosed without prior consent as authorized bythe federal Family Educational Rights and Privacy Act (20 U.S.C. § 1232g) andrelated regulations (34 C.F.R. Part 99). Such notification shall only berequired if it is determined that there exists a substantial likelihood that,as a result of mental illness the student will, in the near future, (i) causeserious physical harm to himself or others as evidenced by recent behavior orany other relevant information or (ii) suffer serious harm due to his lack ofcapacity to protect himself from harm or to provide for his basic humanneeds. However, notification may be withheld if the student's treatingphysician or treating clinical psychologist has made a part of the student'srecord a written statement that, in the exercise of his professionaljudgment, the notification would be reasonably likely to cause substantialharm to the student or another person. No public institution of highereducation or employee of a public institution of higher education making adisclosure pursuant to this subsection shall be civilly liable for any harmresulting from such disclosure unless such disclosure constitutes grossnegligence or willful misconduct by the institution or its employees.
D. The board of visitors or other governing body of every public institutionof higher education in Virginia shall establish policies and proceduresrequiring the release of the educational record of a dependent student, asdefined by 20 U.S.C. § 1232g, to a parent at his request.
E. In order to improve the quality of the Commonwealth's work force andeducational programs, the governing bodies of the public institutions ofhigher education shall establish programs to seek to ensure that allgraduates have the technology skills necessary to compete in the 21st Centuryand, particularly, that all students matriculating in teacher-trainingprograms receive instruction in the effective use of educational technology.
(1970, c. 197; 1985, c. 520; 1987, c. 109; 1992, c. 630; 1997, c. 827; 1998,cc. 39, 362, 483, 784; 2001, cc. 664, 673; 2005, c. 818; 2006, c. 121; 2008,cc. 441, 495.)
