Section 350.341 - Required memorandum of understanding; contents; exceptions from requirement(1) Except as provided in subsection (4) of this section, each institution of higher education shall enter into and maintain a memorandum of understanding with a community-based domestic and sexual violence advocacy agency that is in the same county as the institution.(2) The memorandum of understanding entered into under this section shall ensure that the community-based domestic and sexual violence advocacy agency will: (a) Assist in developing the institution's training regarding sexual misconduct that involves students and employees;(b) Provide an accessible off-campus alternative where students and employees of the institution can receive free and confidential sexual misconduct crisis services, including but not limited to access to a sexual assault nurse examiner, if available, and to domestic violence crisis services in response to sexual misconduct;(c) Ensure that a student or employee of the institution can access free and confidential counseling and advocacy services either on campus or off campus; and(d) Ensure cooperation and training between the institution and the community-based domestic and sexual violence advocacy agency to ensure an understanding of the roles that the institution or center should play in responding to reports and disclosures of sexual misconduct against students and employees of the institution and the institution's protocols for providing support and services to students and employees who have been the victims of sexual misconduct.(3)(a) A memorandum of understanding entered into under this section may include an agreement, including a fee structure, between the community-based domestic and sexual violence advocacy agency and the institution of higher education for the provision of confidential victim services.(b) As used in this subsection, "confidential victim services" means case consultation and training fees for certified advocates, consultation fees for the development and implementation of student education and prevention programs, the development of staff training and prevention curriculum and confidential on-site office space for a representative from a community-based domestic and sexual violence advocacy agency to meet with students or employees of the institution of higher education.(4) Notwithstanding subsection (1) of this section: (a) Upon written application by an institution of higher education, the Higher Education Coordinating Commission may waive the requirements of this section if the commission determines that, despite reasonable efforts, the institution was unable to enter into a memorandum of understanding with a community-based domestic and sexual violence advocacy agency. A waiver under this paragraph shall be no longer than one year in duration, but an institution may subsequently apply for a waiver renewal.(b) This section does not apply to a satellite campus or branch campus of an institution of higher education if the satellite campus or branch campus has 1,000 or fewer enrolled students who reside on campus.Amended by 2024 Ch. 46,§ 4, eff. 3/27/2024.Added by 2023 Ch. 550, § 7