188-H:1 Definitions. – In this subdivision: I. " Commission " means the higher education commission established in RSA 21-N:8-a. II. " Director " means the director of the department of education, division of educator support and higher education. III. " Division " means the department of education, division of educator support and higher education. […]
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 […]
188-H:11 Institutional Training. – Each institution of higher education shall ensure that its Title IX coordinator and members of its special or campus police force or the campus safety personnel employed by the institution are educated in the awareness of sexual misconduct and in trauma-informed response. Source. 2020, 24:18, eff. Jan. 16, 2021.
188-H:12 Data Reporting Requirements. – Annually, not later than October 1, an institution of higher education shall prepare and submit to the director, the commissioner of the department of health and human services, the clerks of the senate and house of representatives, and the chairpersons of the senate and house committees with jurisdiction over […]
188-H:13 Amnesty. – A reporting party or a witness that causes an investigation of sexual misconduct, or drug or alcohol use, shall not be subject to a disciplinary proceeding or sanction for a violation of the institution of higher education’s student conduct policy related to the incident unless the institution determine that the report […]
188-H:14 Enforcement and Penalty. – Upon determination, after reasonable notice and opportunity for a hearing, that an institution of higher education has violated or failed to carry out any provision of this chapter or any rule adopted under this chapter, the director may impose a civil penalty upon such institution for each violation not […]
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 […]
188-H:2 Adoption of Policies Required. – I. Each institution of higher education shall adopt a policy on sexual misconduct, consistent with applicable state and federal law, which shall be publicly available on campus in locations where students regularly congregate including, but not limited to, dining and recreational facilities, libraries, bookstores, student unions and student […]
188-H:3 Notice of Rights. – Each institution of higher education shall provide both the accuser and the responding party with written notice of the institution’s decision to proceed with an institutional disciplinary process regarding an allegation of sexual misconduct sufficiently in advance of a disciplinary hearing to provide both the reporting and responding parties […]
188-H:4 Sexual Misconduct Climate Surveys. – Each institution of higher education shall biennially conduct a sexual misconduct climate survey of all students at said institution. Each institution’s sexual misconduct climate survey shall include a base set of common questions recommended by the task force on sexual misconduct and approved by the director, hereinafter described […]
188-H:5 Task Force on Sexual Misconduct. – I. There shall be a task force on sexual misconduct at institutions of higher education. The task force shall consist of the following members: (a) The chancellor of the university system of New Hampshire, or designee. (b) The chancellor of the community college system of New Hampshire, […]
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 […]
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 […]
188-H:8 Privilege for Confidential Resource Advisors. – I. In this section: (a) " Confidential communication " means information transmitted between a victim, as defined in paragraph (b), of an alleged sexual assault, alleged domestic abuse, alleged sexual harassment, or alleged stalking, and a confidential resource advisor in the course of that relationship and in […]
188-H:9 Awareness Programming. – An institution of higher education, with guidance from its Title IX coordinator, local law enforcement, and the rape crisis center or the domestic violence center, shall provide mandatory annual sexual misconduct primary prevention and awareness programming for all students and all employees of the institution that shall include: I. An […]
