CHAPTER 188-H SEXUAL MISCONDUCT AT INSTITUTIONS OF HIGHER EDUCATION
Confidential Resource Advisors
Section 188-H:7
188-H:7 Confidential Resource Advisors. –
I. Each institution of higher education shall establish a campus security policy that includes the designation of at least one confidential resource advisor. The confidential resource advisor:
(a) May have another role at the institution;
(b) Shall not be a student or a Title IX coordinator; and
(c) Shall be appointed based on experience and a demonstrated ability of the individual to effectively provide victim services related to sexual misconduct.
II. The institution shall designate existing categories of employees that may serve as confidential resource advisors. The designation of an existing category of employees shall not preclude the institution from designating a new or existing employee as a confidential resource advisor or in another confidential role. An institution may partner with a local, state, or national victim advocacy organization to provide a confidential resource advisor under this section. An institution that enrolls fewer than 1,000 residential students may partner with another institution or rape crisis center within the state to provide the services under this section. An institution shall ensure that any partnership entered into under this paragraph shall result in a confidential resource advisor being available to students within a reasonable distance to the student's institution.
III. The confidential resource advisor shall receive training in the awareness and prevention of sexual misconduct and in trauma-informed response and coordinate with on-campus and off-campus rape crisis centers and domestic violence centers within a reasonable time after being designated as a confidential resource advisor.
IV. The confidential resource advisor shall inform the student or employee, or provide resources about how to obtain, including in written format:
(a) Reporting options and the effects of each option.
(b) Counseling services available on campus and through a local rape crisis center or domestic violence center.
(c) Medical and health services available on campus and off campus.
(d) Campus escort services for security.
(e) Available academic and residence life accommodations.
(f) Student loan counseling for students considering temporary permanent withdrawal or half time enrollment regarding loan deferment, forbearance, or other student loan programs.
(g) The investigative and disciplinary process of the institution.
(h) The legal process carried out through local, state, and federal law enforcement agencies.
(i) That the institution's disciplinary process is not to be considered a substitute for the criminal justice process.
(j) Any limits on the ability of the confidential resource advisor to provide privacy or confidentiality to the student.
V. The confidential resource advisor:
(a) May, if appropriate and if directed by the reporting party, assist the reporting party in contacting or reporting to campus or local law enforcement agencies.
(b) Shall notify the student of their rights and the institution's responsibilities regarding a protection order, no contact order, and any other lawful orders issued by the institution or by a criminal, civil, or tribal court.
(c) Shall not be required to report an incident to the institution or a law enforcement agency unless otherwise required to do so by state or federal law and shall provide confidential services to students and employees.
(d) May attend an administrative or institution-based adjudication proceeding as the advisor or support person of the student's or employee's choice.
(e) Shall not disclose confidential information without the prior written consent of the student or employee who shared the information.
(f) Shall not provide services to more than one party in an incident and shall ensure confidentiality is maintained.
VI. Nothing in this section shall be construed to limit either party's right of cross examination of the advisor in a civil or criminal proceeding if the advisor testifies after written consent has been given. A confidential resource advisor shall not act as a counselor or therapist unless the confidential resource advisor is licensed as a counselor in this state and the reporting party engages the confidential resource advisor in that capacity.
VII. Notice to a confidential resource advisor of an alleged act of sexual misconduct or a confidential resource advisor's performance of a service under this section shall not be considered actual or constructive notice of such an alleged act to the institution of higher education at which the confidential resource advisor is employed or provides contracted services.
VIII. If a conflict of interest arises for an institution in which a confidential resource advisor is advocating for a reporting party's need for sexual assault crisis services or campus or law enforcement services, the institution shall not discipline, penalize, or otherwise retaliate against the confidential resource advisor for representing the interest of the reporting party.