§ 20-A §12986 — Confidential resource advisors

1.
Confidential resource advisor designated.
Each institution shall designate at least one confidential resource advisor to provide emergency and ongoing support to survivors of sexual violence, intimate partner violence and stalking. The confidential resource advisor must be designated based on the confidential resource advisor's experience in advocating on behalf of victims of sexual assault or domestic violence and a demonstrated ability to effectively provide victim services related to sexual violence, intimate partner violence or stalking. The confidential resource advisor may have another role at the institution of higher education, but may not be a student or a Title IX coordinator and may not have any other job responsibilities that may create a conflict of interest, including but not limited to being general counsel, director of athletics, dean of students or any employee who serves on a judicial or hearing board overseeing reports of sexual violence, intimate partner violence or stalking or to whom an appeal of such a proceeding might be made. The confidential resource advisor shall maintain a physical presence on campus that provides the confidential resource advisor a place to meet discreetly and privately with students or employees in-person or remotely. An institution may contract or partner with a local, state or national victim advocacy organization to provide a confidential resource advisor under this subsection.
2.
Additional designation; partnership.
Each institution of higher education shall designate existing categories of employees who may also serve as confidential resource advisors. This subsection may not be construed to limit an institution of higher education from designating a new or existing employee as a confidential resource advisor. An institution of higher education that enrolls fewer than 1,000 residential students may partner with another institution of higher education or local sexual assault support center within the State to provide the services under this section. Any partnership entered into under this subsection must ensure that the confidential resource advisor is available to a student within a reasonable distance from the student's institution of higher education.
3.
Training.
A confidential resource advisor must receive the following training:
4.
Coordination.
A confidential resource advisor shall coordinate with on-campus, if any, and off-campus sexual assault support centers and domestic violence resource centers within a reasonable time after being designated as a confidential resource advisor.
5.
Information and resources.
A confidential resource advisor is responsible for providing the following information and resources regarding incidents of sexual violence, intimate partner violence or stalking to students and employees:
6.
Direct assistance.
If requested by the reporting party, the confidential resource advisor, using only the student or employee's identifying information, shall coordinate with the campus resources to arrange possible school-provided supportive measures, including those available through any memoranda of understanding with sexual assault support centers and domestic violence resource centers, and including but not limited to:
7.
Additional actions.
A confidential resource advisor, regarding an alleged incident of sexual violence, intimate partner violence or stalking reported to the advisor:
8.
Notice.
A report to a confidential resource advisor of an alleged incident of sexual violence, intimate partner violence or stalking or a confidential resource advisor's performance of a service under this section may not be considered actual or constructive notice of such an alleged incident to the institution of higher education at which the confidential resource advisor is employed or provides contracted services.
9.
Retaliation.
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 support services or campus or local law enforcement agency services, the institution may not discipline, penalize or otherwise retaliate against the confidential resource advisor for representing the interest of the reporting party.
10.
Privileged communications.
Communications between a reporting party and a confidential resource advisor are privileged from disclosure as follows.
11.
Confidential criminal history record information.
Notwithstanding any provision of law to the contrary, a criminal justice agency, whether directly or through any intermediary, may disseminate confidential criminal history record information to a confidential resource advisor for the purpose of planning for the safety of the party the confidential resource advisor is advising. A confidential resource advisor who receives confidential criminal history record information pursuant to this subsection shall use it solely for the purpose authorized by this subsection and may not further disseminate the information.
12.
Cross-examination.
Nothing in this section may be construed to limit either party's right of cross-examination of the confidential resource advisor in a civil or criminal proceeding if the confidential resource advisor testifies after written consent has been given or in accordance with subsection 10.

Legislative History

PL 2021, c. 733, §2 (NEW).