CHAPTER 188-H SEXUAL MISCONDUCT AT INSTITUTIONS OF HIGHER EDUCATION
Collaboration with Law Enforcement
Section 188-H:6
188-H:6 Collaboration With Law Enforcement. –
I. Each institution of higher education shall adopt policies and procedures with the local law enforcement agency having primary jurisdiction over the city or town wherein the institution's primary campus is located to establish the respective roles and responsibilities of each party related to the prevention of and response to on-campus and off-campus sexual misconduct. Institutions of higher education and local law enforcement agencies shall develop policies and procedures that comply with all applicable state and federal confidentiality and privacy laws and:
(a) Delineate sharing protocols for investigative responsibilities.
(b) Provide protocols for investigations, including standards for notification and communication and measures to promote evidence preservation.
(c) Coordinate training, programing, and requirements on issues related to sexual misconduct.
(d) Ensure that reporting parties are able to move safely and comfortably between classes, extracurriculars, sports, and campus jobs.
(e) Develop a protocol for sharing information about specific crimes, which may include a mechanism for sharing information anonymously, that:
(1) Requires that the reporting party authorized or requested that such information be shared and is fully and accurately informed about what procedures shall occur if the information is shared; and
(2) Is carried out in a manner that is consistent with the General Education Provisions Act, 20 U.S.C. section 1221, and any other applicable provisions under state law.
(f) Establish the methods for sharing the Clery Act reporting requirements and for facilitating the issuance of timely warnings and emergency notifications required by the Clery Act relative to crimes that may pose a serious threat to the campus or near campus communities.
(g) Develop methods for notifying the appropriate county attorney's office.
(h) Update such policies and procedures biennially.
II. 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 adopt joint policies and procedures with the local law enforcement agency having primary jurisdiction over the city or town wherein the institution's primary campus is located.
III. Notwithstanding any general or special law to the contrary, a member of the department of state police or a local police department who acts as a first responder to a report of sexual misconduct at an institution of higher education shall receive training in the awareness of dating violence, domestic violence, sexual assault, and stalking and in trauma-informed response, subject to appropriation.