Enforcement and Penalty

Section 188-H:15

    188-H:15 Memoranda of Understanding With Rape Crisis Centers or Domestic Violence Centers. –
I. An institution of higher education shall enter into and maintain a memorandum of understanding with a rape crisis center or domestic violence center to:
(a) Assist in developing the institution's policies, programing, and training regarding sexual misconduct involving students or employees.
(b) Provide an off-campus alternative for students and employees of the institution to receive free and confidential sexual assault crisis services, including access to a sexual assault nurse examiner if available, or free and confidential domestic violence crisis services in response to sexual misconduct.
(c) Ensure that a student or employee of the institution may access free and confidential counseling and advocacy services either on campus or off campus.
(d) Ensure cooperation and training between the institution and the crisis center or agency to ensure an understanding of the roles that the institution, crisis center, and agency should play in responding to reports and disclosures of sexual misconduct against students and employees of the institution and the institution's protocols for providing support and services to such students and employees.
II. A memorandum of understanding may include an agreement, including a fee structure, between the rape crisis center or domestic violence center and the institution of higher education to provide confidential victim services. Confidential victim services may include case consultation and training fees for confidential resource advisors, consultation fees for the development and implementation of student education and prevention programs, the development of staff training and prevention curriculum, and confidential on-site office space for an advocate from a rape crisis center or domestic violence center to meet with students.
III. The commission may waive the requirements of this section in the case of an institution that demonstrates that it acted in good faith but was unable to obtain a signed memorandum.

Source. 2020, 24:18, eff. Jan. 16, 2021.