TITLE XV
EDUCATION

CHAPTER 188-H
SEXUAL MISCONDUCT AT INSTITUTIONS OF HIGHER EDUCATION

Training for Individuals and Institutions Involved in the Disciplinary Process

Section 188-H:10

    188-H:10 Training for Individuals Involved in the Disciplinary Process. –
An individual who participates in the implementation of an institution of higher education's disciplinary process, including an individual responsible for resolving complaints of reported incidents, shall have training or experience in handling sexual misconduct complaints and the operations of the institution's disciplinary process. The training shall include, but not be limited to:
I. Information on working with and interviewing persons subjected to sexual misconduct.
II. Information on particular types of conduct that constitute sexual misconduct, including same-sex dating violence, domestic violence, sexual assault, and stalking.
III. Information on consent and the role drugs and alcohol may play in an individual's ability to consent.
IV. The effects of trauma, including any neurobiological impact on a person.
V. Cultural competence training regarding how sexual misconduct may impact students differently depending on factors that contribute to a student's cultural background, including but not limited to national origin, sex, ethnicity, religion, gender identity, gender expression, and sexual orientation.
VI. Ways to communicate sensitively and compassionately with a reporting party of sexual misconduct including, but not limited to, an awareness of responding to a reporting party with consideration of that party's cultural background and providing services to or assisting in locating services for the reporting party. Ways to communicate sensitively with a responding party, including an awareness of the emotional impact of being wrongly accused.
VII. Training and information regarding how dating violence, domestic violence, sexual assault, and stalking may impact students with developmental or intellectual disabilities.

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