RSA 188-H:5 · Task Force on Sexual Misconduct

188-H:5 Task Force on Sexual Misconduct. –

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I.

There shall be a task force on sexual misconduct at institutions of higher education. The task force shall consist of the following members:

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(a)

The chancellor of the university system of New Hampshire, or designee.

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(b)

The chancellor of the community college system of New Hampshire, or designee.

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(c)

The director of higher education, division of educator support and higher education, department of education, or designee.

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(d)

Two representatives of the private 4-year colleges in New Hampshire, with not more than one representative from any such college, appointed by the governor and council on recommendation by the New Hampshire College and University Council.

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(e)

The president of the New Hampshire Association of Campus Law Enforcement Administrators, or designee.

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(f)

The commissioner of the department of health and human services, or designee.

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(g)

The attorney general, or designee.

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(h)

The following members, who shall be appointed by the governor, one of whom shall be a student attending a public institution of higher education in this state; one of whom shall be a student attending a private institution of higher education in this state; one of whom shall be a student attending an institution in the community college system of New Hampshire; one of whom shall be a representative of the university of New Hampshire recommended by the president of the university; 3 of whom shall be representatives recommended by the New Hampshire Coalition Against Domestic and Sexual Violence; one of whom shall be a representative recommended by the New Hampshire Campus Consortium Against Sexual and Interpersonal Violence; one of whom shall be a researcher with experience in the development and design of sexual misconduct climate surveys; one of whom shall be a researcher of statistics, data analytics, or econometrics with experience in higher education survey analysis; one of whom shall be a representative of the Prevention Innovations Research Center at the University of New Hampshire; and one of whom shall represent Every Voice New Hampshire.

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II.

The task force shall develop a base sexual misconduct climate survey for distribution to institutions of higher education and provide such institutions with any related recommendations respecting the content, timing, and application of the survey. The task force shall deliver its base survey and related recommendations, including but not limited to, recommendations on achieving statistically valid response rates, to each institution of higher education no less often than biennially and for the first time by March 31, 2021.

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III.

In developing the base sexual misconduct climate survey, the task force shall:

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(a)

Utilize best practices from peer-reviewed research and consult with individuals with expertise in the development and use of sexual misconduct climate surveys by institutions of higher education.

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(b)

Review sexual misconduct climate surveys which have been developed and previously utilized by institutions.

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(c)

Provide opportunities for written comment from organizations that work directly with victims and survivors of sexual misconduct to ensure the adequacy and appropriateness of the proposed content.

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(d)

Consult with institutions on strategies for optimizing the effectiveness of the survey.

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(e)

Account for the diverse needs and differences of the state's institutions of higher education.

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IV.

The base sexual misconduct climate surveys shall gather information on topics that may include, but shall not be limited to:

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(a)

The number of incidents, both reported and unreported, of sexual misconduct at the institution of higher education.

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(b)

When and where incidents of sexual misconduct occurred.

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(c)

Student awareness of institutional policies and procedures related to campus sexual misconduct.

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(d)

Whether a student reported the sexual misconduct, and if so, to which campus resource or law enforcement agency such report was made, and, if not, the reason for the student's decision not to report.

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(e)

Whether a student was informed of or referred to local, state, campus or other resources, or victim support services, including appropriate medical care and legal services.

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(f)

Whether a student was provided the option of protection from retaliation, access to school-based accommodations, and criminal justice remedies.

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(g)

Contextual factors, such as the involvement of force, incapacitation, or coercion.

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(h)

Demographic information that could be used to identify at-risk groups including but not limited to gender.

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(i)

Perceptions of campus safety among members of the campus community and confidence in the institution's ability to protect against and respond to incidents of sexual misconduct.

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(j)

Whether the student has chosen to withdraw or taken a leave of absence from the institution or transferred to another institution due to either being the reporting party or responding party in an allegation of sexual misconduct.

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(k)

Whether the student has withdrawn from any classes or been placed on academic probation as a result of the incident.

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(l)

Other questions as determined by the task force.

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V.

The base sexual misconduct climate survey shall collect anonymous responses and shall not provide the disclosure of any identifying information.

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VI.

There shall be established within the division a data repository for all summaries of sexual misconduct climate surveys submitted by institutions of higher education to the division in accordance with this section. An institution of higher education shall submit its sexual misconduct climate survey, accompanied by the anonymized raw data supporting such survey, to the director. The director shall ensure that the sexual misconduct climate survey data submitted by all institutions will be available to the public in an easily accessible manner on the division's website.

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VII.

Each institution of higher education shall publish on the institution's website in an easily accessible manner:

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(a)

The results of the survey.

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(b)

The annual security report required under 20 U.S.C. section 1092, otherwise known as the Clery Act.

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(c)

A link to the division's statewide data on sexual misconduct climate survey data as set forth in paragraph VIII.

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VIII.

The director shall adopt rules, pursuant to RSA 541-A, including deadlines for dissemination and collection of survey information, consistent with the purposes of this statute, and shall promote the effective solicitation to achieve the highest practical response rate, collection, and publication of statistical information gathered from the state's institutions of higher education. Source. 2020, 24:18, eff. Jan. 16, 2021. Collaboration with Law Enforcement

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