I. SCOPE
This procedure applies to situations in which the University must or may provide information about a student to their Parents without the student’s consent.
II. POLICY STATEMENT
This policy sets forth how and when the University may or must make parental notifications without the consent of the student pursuant to Va. Code § 23.1-1303(B)(5), and the Family Educational Rights and Privacy Act. 34 C.F.R. § 99.31
Per Va. Code § 23.1-1303(B)(5), the University is required to notify a student’s parent whenever the student receives mental health treatment at the University’s student health or counseling center and it is determined that there exists a substantial likelihood that, as a result of mental illness, the student will, in the near future, (1) cause serious harm to themselves or others or (2) suffer serious harm due to a lack of capacity to protect themselves or to provide for basic human needs. A notification is not required pursuant to Va. Code § 23.1-1303(B)(5) if a mental health professional (as defined in the statute) who is treating the student has made a part of the student’s record a written statement that in the exercise of their professional judgment the notification would be reasonably likely to cause substantial harm to the student or others.
In making the determination whether to make a parental notification and/or if one is required by Va. Code § 23.1-1303(B)(5), the University will consider the totality of the circumstances pertaining to the threat to the health or safety of a student or other individual. The evidence employed will include recent behavior or any other relevant information. Also, evidence that the student may suffer serious harm due to his/her lack of capacity to protect himself/herself from harm or to provide for his/her basic human needs will be considered.
The University may make parental notifications without the consent of the student in other circumstances as permitted by FERPA and 34 C.F.R. § 99.31 as explained in the attached procedures.
III. DEFINITIONS
Parent: A parent of a student includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian. Unless there is good cause to do otherwise, the University will use the information contained in the student’s university records to identify the individual(s) to receive notification under this policy.
IV. COMPLIANCE
The Dean of Students, Student Conduct, Counseling and Psychological Services (CAPS), and Student Health Services (SHS) professional staff are responsible for implementing this policy and for compliance with the attached procedures for parental notifications and all relevant laws.
V. DATES
A. Effective Date
This policy will become effective upon the date of approval by the Executive Vice President for Finance and Administration and the Provost and Executive Vice President.
B. Date of Most Recent Review
This policy was last reviewed and revised on November 1, 2023.
VI. TIMELINE FOR REVIEW
This policy shall be reviewed annually.
VII. SIGNATURES
Approved:
______/S___________
Deb Dickenson
Executive Vice President for Finance and Administration
Approved:
______/S___________
Kenneth D. Walsh
Interim Provost and Executive Vice President
Date initially approved: May 7, 2008
Revision Approved: November 1, 2023
Page last updated: December 12, 2023