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§ 11-601. Written policies on sexual assaults required

West's Annotated Code of MarylandEducationEffective: July 1, 2015

West's Annotated Code of Maryland
Education (Refs & Annos)
Division III. Higher Education [Titles 10-20] (Refs & Annos)
Title 11. Maryland Higher Education Commission (Refs & Annos)
Subtitle 6. Sexual Assault Policy (Refs & Annos)
Effective: July 1, 2015
MD Code, Education, § 11-601
§ 11-601. Written policies on sexual assaults required
In general
(a)(1) By August 1, 1993, the governing body of each institution of higher education shall adopt and submit to the Commission a written policy on sexual assault.
(2) The policy adopted under paragraph (1) of this subsection shall apply to each student, faculty member, and employee of the institution and inform the students, faculty members, and employees of their rights and duties under the policy.
Distribution and posting of sexual assault policy
(b)(1) Each institution of higher education shall post at appropriate locations on each campus and distribute to its students, faculty members, and employees a copy of the policy adopted under subsection (a) of this section.
(2) Each institution of higher education shall implement the policy adopted under subsection (a) of this section.
Construction with Higher Education Act of 1965
(c) The sexual assault policy required under subsection (a) of this section shall conform with § 485(f) of the Higher Education Act of 19651 as amended and Title IX of the Education Amendments of 1972 and shall include procedures for reporting an incident of sexual assault and for taking disciplinary actions against a violator of the policy, including provisions for:
(1) Informing a victim of a sexual assault of the right to file criminal charges with the appropriate law enforcement official;
(2) The prompt assistance of campus authorities, at the request of the victim, in notifying the appropriate law enforcement officials and disciplinary authorities of an incident of sexual assault;
(3) Designation of the nearest hospitals equipped with the Department of State Police Sexual Assault Evidence Collection Kit;
(4) Full and prompt cooperation from campus personnel in obtaining appropriate medical attention, including transporting the victim to the nearest designated hospital;
(5) Offering counseling to a victim of sexual assault from mental health services provided by the institution, other victim service entities, or the nearest State designated rape crisis program;
(6) After a campus sexual assault has been reported, and upon the request of the alleged victim, the transfer of the alleged victim to alternative classes or housing, if such alternatives are available and feasible;
(7) Prohibiting the imposition of a campus conduct action, except for a mandatory intervention for substance abuse, for a violation of the alcohol or drug use policies of the institution of higher education for a student who reports to the institution or a law enforcement officer an incidence of sexual assault or who participates in an investigation of a sexual assault as a witness if:
(i) The institution of higher education determines the violation occurred during or near the time of the alleged sexual assault;
(ii) The student is determined to have made the report of sexual assault or is participating in an investigation as a witness in good faith; and
(iii) The institution of higher education determines that the violation was not an act that was reasonably likely to place the health or safety of another individual at risk;
(8) Prohibiting the institution of higher education from retaliating against a student who files a complaint for sexual assault or who participates as a witness in an investigation of a sexual assault; and
(9) Pursuing formalized agreements with:
(i) The local law enforcement agency that complies with the relevant provisions of Title IX of the Education Amendments of 1972 and clearly states when a school will refer a matter to local law enforcement; and
(ii) A State designated rape crisis program, federally recognized sexual assault coalition, or both that formalizes a commitment to provide trauma-informed services to victims of sexual assault and improve the overall response to sexual assault by the institution of higher education.
Sexual assault policies
(d) The Commission shall:
(1) Coordinate the development of the sexual assault policies; and
(2) Periodically review and make recommendations for changes in these policies.
Sexual assault campus climate survey
(e)(1) The Commission, in consultation with institutions of higher education, shall establish procedures for the administration of a sexual assault campus climate survey by each institution of higher education.
(2) The procedures shall require each institution of higher education to provide for the completion of the survey by various methods, including online.
Biennial development and administration of survey
(f) On or before March 1, 2016, and at least every 2 years thereafter, each institution of higher education shall:
(1) Develop an appropriate sexual assault campus climate survey using nationally recognized best practices for research and climate surveys; and
(2) Administer the sexual assault campus climate survey to students in accordance with the procedures established under subsection (e) of this section.
Reports by institutions of higher education
(g)(1) On or before June 1, 2016, and every 2 years thereafter, each institution of higher education shall submit to the Commission:
(i) A report on school specific results of the sexual assault survey; and
(ii) A report aggregating the data collected by the institution regarding sexual assault complaints made to the institution, including the:
1. Types of misconduct;
2. Outcome of each complaint;
3. Disciplinary actions taken by the institution;
4. Accommodations made to students in accordance with the sexual assault policy established under subsection (c) of this section; and
5. Number of reports involving alleged nonstudent perpetrators.
(2) In reporting the data under paragraph (1) of this subsection, the institution of higher education shall make reasonable efforts to protect student privacy.
(3) An institution of higher education shall submit the data required under paragraph (1) of this subsection together with the reporting requirements of the federal Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act, as amended by the Violence Against Women Reauthorization Act of 2013.
Reports by Commission
(h) On or before October 1, 2016, and every 2 years thereafter, the Commission shall:
(1) Report to the Governor and, in accordance with § 2-1246 of the State Government Article, the Senate Education, Health, and Environmental Affairs Committee, the Senate Budget and Taxation Committee, the House Health and Government Operations Committee, and the House Appropriations Committee on the reports required under subsection (g) of this section; and
(2) Publish the reports required under subsection (g) of this section on the Commission's Web site and in any other location or venue the Commission determines is necessary or appropriate.
Private causes of action
(i) Nothing in this subtitle shall be construed to confer a private cause of action upon any person to enforce the provisions of this subtitle.

Credits

Added as Education § 11-701 by Acts 1993, c. 226, § 1, eff. June 1, 1993. Amended by Acts 1994, c. 165, § 3, eff. July 1, 1994; Acts 1994, c. 166, § 3, eff. July 1, 1994; Acts 1995, c. 3, § 2, eff. March 7, 1995. Renumbered as Education § 11-601 by Acts 1996, c. 10, § 16, eff. April 9, 1996. Amended by Acts 2015, c. 436, § 1, eff. July 1, 2015.

Footnotes

Pub.L. 89-329, Nov. 8, 1965, 79 Stat. 1219, codified at 20 U.S.C.A. § 1092.
MD Code, Education, § 11-601, MD EDUC § 11-601
Current through all legislation from the 2017 Regular Session of the General Assembly
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