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; disciplinary immunity for certain individuals who make reports.
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 governing board of each nonprofit private institution of higher education and each public institution of higher education except the Virginia Military Institute shall include as part of its policy, code, rules, or set of standards governing sexual violence a provision for immunity from disciplinary action based on personal consumption of drugs or alcohol where such disclosure is made in conjunction with a good faith report of an act of sexual violence.