WILLIAM DONALD SCHAEFER, Governor

Ch. 226

(B)     (1) EACH INSTITUTION OF HIGHER EDUCATION SHALL POST AT
APPROPRIATE LOCATIONS ON EACH CAMPUS AND DISTRIBUTE TO ITS STUDENTS,
FACULTY MEMBERS, AND EMPLOYEES A COPY OF THE POLICY ADOPTED UNDER
SUBSECTION (A) OF THIS SECTION.

(2) EACH INSTITUTION OF HIGHER EDUCATION SHALL IMPLEMENT THE
POLICY ADOPTED UNDER SUBSECTION (A) OF THIS SECTION.

(C)     THE SEXUAL ASSAULT POLICY REQUIRED UNDER SUBSECTION (A) OF
THIS SECTION SHALL CONFORM WITH SECTION 485(F)(2) OF THE HIGHER
EDUCATION REAUTHORIZATION ACT OF 1992 SECTION 485(F) OF THE HIGHER
EDUCATION ACT OF 1965 AS AMENDED BY SECTION 486(C)(2) OF THE HIGHER
EDUCATION AMENDMENTS OF 1992 AND SHALL INCLUDE PROCEDURES FOR
REPORTING AN INCIDENT OF SEXUAL ASSAULT AND FOR TAKING DISCIPLINARY
ACTIONS AGAINST A VIOLATOR OF THE POLICY, INCLUDING PROVISIONS FOR:

(1)      INFORMING A VICTIM OF A SEXUAL ASSAULT OF THE RIGHT TO FILE
CRIMINAL CHARGES WITH THE APPROPRIATE LAW ENFORCEMENT OFFICIAL;

(2)      THE PROMPT ASSISTANCE OF CAMPUS AUTHORITIES, AT THE
REQUEST OF THE VICTIM, IN NOTIFYING THE APPROPRIATE LAW ENFORCEMENT
OFFICIALS AND DISCIPLINARY AUTHORITIES OF AN INCIDENT OF SEXUAL ASSAULT;

(3)      DESIGNATION OF THE NEAREST HOSPITALS EQUIPPED WITH THE
MARYLAND STATE POLICE SEXUAL ASSAULT EVIDENCE COLLECTION KIT;

(4)      FULL AND PROMPT COOPERATION FROM CAMPUS PERSONNEL IN
OBTAINING APPROPRIATE MEDICAL ATTENTION, INCLUDING TRANSPORTING THE
VICTIM TO THE NEAREST DESIGNATED HOSPITAL;

(5)      OFFERING COUNSELING TO A VICTIM OF SEXUAL ASSAULT FROM
MENTAL HEALTH SERVICES PROVIDED BY THE INSTITUTION, OTHER VICTIM
SERVICE ENTITIES, OR BY OTHER VICTIMS OF SEXUAL ASSAULT THE NEAREST
STATE DESIGNATED RAPE CRISIS PROGRAM; AND

(6)      AFTER A CAMPUS SEXUAL ASSAULT HAS BEEN REPORTED, AND
UPON THE REQUEST OF THE ALLEGED VICTIM, THE TRANSFER OF THE ALLEGED
VICTIM TO ALTERNATIVE CLASSES OR HOUSING, IF SUCH ALTERNATIVES ARE
AVAILABLE AND FEASIBLE.

(D)     THE COMMISSION SHALL:

(1)      COORDINATE THE DEVELOPMENT OF THE SEXUAL ASSAULT
POLICIES; AND

(2)      PERIODICALLY REVIEW AND MAKE RECOMMENDATIONS FOR
CHANGES IN THESE POLICIES.

(E) NOTHING IN THIS SUBTITLE SHALL BE CONSTRUED TO CONFER A PRIVATE
CAUSE OF ACTION UPON ANY PERSON TO ENFORCE THE PROVISIONS OF THIS SUBTITLE.

SECTION 2. AND BE IT FURTHER ENACTED, That this Act shall take effect
October June 1, 1993.

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