Maine Revised Statutes Title 20-A Sec. 12991 – Memoranda of understanding
Current as of: 2023 | Check for updates
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1. Requirement. No later than July 1, 2023, an institution of higher education shall enter into and maintain a memorandum of understanding with a sexual assault support center and domestic violence resource center that is funded by the Department of Health and Human Services to:
A. Provide an off-campus option for students and employees of the institution to receive free and confidential sexual assault crisis services, including access to a sexual assault nurse examiner, if available, or free and confidential domestic violence crisis services; [PL 2021, c. 733, §2 (NEW).]
B. Ensure that a student or employee of the institution may access free and confidential advocacy services either on campus or off campus related to sexual violence, intimate partner violence or stalking; [PL 2021, c. 733, §2 (NEW).]
C. Ensure cooperation and training between the institution and the sexual assault support center or domestic violence resource center regarding the roles that the institution, sexual assault support center and domestic violence resource center should play in responding to reports and disclosures of sexual violence, intimate partner violence and stalking against students and employees of the institution and the institution’s protocols for providing support and services to such students and employees; [PL 2021, c. 733, §2 (NEW).]
D. Ensure that a student or employee of the institution has access to mental health services, either on campus or off campus, relating to sexual violence, intimate partner violence or stalking; and [PL 2021, c. 733, §2 (NEW).]
E. Make referrals for civil legal representation to assist with civil protections, including but not limited to those related to protections under Title IX of the federal Education Amendments of 1972, Public Law 92-318, as amended, or protection from abuse orders. [PL 2021, c. 733, §2 (NEW).]
[PL 2021, c. 733, §2 (NEW).]
Terms Used In Maine Revised Statutes Title 20-A Sec. 12991
- Department: means the Department of Education. See Maine Revised Statutes Title 20-A Sec. 1
- Employee: means an individual who is employed by an institution of higher education, including a full-time, part-time or contracted employee, or an individual who was employed by an institution of higher education, including a full-time, part-time or contracted employee, but has taken a leave of absence or terminated the employment as a result of having been a victim of sexual violence, intimate partner violence or stalking or for any other reason. See Maine Revised Statutes Title 20-A Sec. 12981
- institution: means a public, private, nonprofit or for-profit postsecondary school chartered, incorporated or otherwise organized in the State with an established physical presence in the State. See Maine Revised Statutes Title 20-A Sec. 12981
- Intimate partner violence: means any of the acts that constitute abuse under Title 19?A, section 4002, subsection 1, paragraphs A to H that are committed by an individual who is or has been in a social relationship with another individual of an intimate nature regardless of whether the individuals were or are sexual partners. See Maine Revised Statutes Title 20-A Sec. 12981
- Public law: A public bill or joint resolution that has passed both chambers and been enacted into law. Public laws have general applicability nationwide.
- Sexual violence: means conduct that constitutes:
A. See Maine Revised Statutes Title 20-A Sec. 12981Stalking: means conduct that constitutes the crime of stalking under Title 17?A, section 210?A. See Maine Revised Statutes Title 20-A Sec. 12981 Student: means an individual who is enrolled or is seeking to be enrolled in an institution of higher education in this State and is a candidate for a degree or diploma or graduate certificate or has taken a leave of absence as a result of having been a victim of sexual violence, intimate partner violence or stalking. See Maine Revised Statutes Title 20-A Sec. 12981 Trauma-informed response: means a response by an individual who has received specific training in the complexities of trauma caused by intimate partner violence, sexual violence or stalking including training on:
2. Confidential victim services; fees. A memorandum of understanding may include an agreement, including a fee structure, between the sexual assault support center or domestic violence resource center under subsection 1 and the institution of higher education to provide confidential victim services. Confidential victim services may include case consultation and training fees for confidential resource advisors, consultation fees for the development and implementation of sexual violence, intimate partner violence and stalking education and prevention programs for students, the development of trauma-informed response staff training and prevention curricula and private on-site office space for an advocate from the sexual assault support center and domestic violence resource center to meet with students or employees.
[PL 2021, c. 733, §2 (NEW).]
SECTION HISTORY
PL 2021, c. 733, §2 (NEW).