Code of Massachusetts Regulations
610 CMR - BOARD OF HIGHER EDUCATION
Title 610 CMR 14.00 - Coordination with Local Law Enforcement to Prevent and Respond to Sexual Misconduct
Section 14.03 - Memoranda of Understanding

Universal Citation: 610 MA Code of Regs 610.14

Current through Register 1531, September 27, 2024

(1) Each institution shall, to the extent feasible, enter into an MOU with each local law enforcement agency having jurisdiction to report as a first responder to an incident of sexual misconduct occurring on or around each campus of the institution. The purpose of the MOU is to facilitate opportunities for communication between the institution and the local law enforcement agencies and to establish the respective roles and responsibilities of both the institution and the law enforcement agency regarding the prevention of and response to sexual misconduct; to share information, in accordance with applicable federal and state confidentiality laws, and the consent of the victim, regarding sexual misconduct incidents involving students or other campus community members of the institution; and to identify opportunities for sharing best practices and training resources. Each MOU shall:

(a) identify the primary points of contact for the institution and for the local law enforcement agency on matters involving the interpretation and enforcement of the MOU;

(b) describe the jurisdiction of the local law enforcement agency based on the location and type of incident, including jurisdiction for investigating an incident of sexual misconduct occurring on or around the institution's campus;

(c) provide for cross-jurisdictional or multi-jurisdictional response to and investigation of an incident of sexual misconduct by the institution and the local law enforcement agency, as appropriate;

(d) delineate the institution's operational and investigative responsibilities and procedures under state or federal law, including Title IX of the federal Education Amendments of 1972, to respond to complaints of sexual misconduct;

(e) describe protocols and standards for reporting, notification, communication and information-sharing between the institution and the local law enforcement agency, subject to applicable federal and state confidentiality and privacy laws, and subject to victim consent; and

(f) identify methods for notifying the appropriate district attorney's office.

(2) Coordination with Multiple Local Law Enforcement Agencies. If an institution is subject to the jurisdiction of more than one local law enforcement agency, one MOU among the institution and multiple, relevant local law enforcement agencies shall comply with 610 CMR 14.03.

(3) Periodic Review and Revision. Each institution shall review the MOU(s) with each law enforcement agency that is a signatory every three years. As part of the review process, the institution shall contact each signatory local law enforcement agency to discuss how changes in policies or procedures at either the institution or the local law enforcement agency may impact the provisions of the MOU. If changes in policies or procedures are identified that impact the provisions of the MOU, the institution and the local law enforcement agency(ies) shall update the MOU, as necessary. Such review and revision process may also consider input from internal and external entities.

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