(1) It is the duty of each institution of higher education that has probable cause to believe that any student is committing or has committed any offense, a violation of which is a Class A misdemeanor or any of the five (5) categories of felonies as classified under § 40-35-110, upon the institution's grounds or within any building or structure under its supervision, to report the probable cause to the appropriate law enforcement officer.
(2) Subsection (a) shall not apply if the offense the student is believed to have committed is a sexual assault of any kind and the victim of the assault does not consent to the reporting of the offense.