MN 135A.15 Checklist for Postsecondary Institutions
Minnesota Statute §135A.15 requires postsecondary institutions to have an agreement called a Memorandum of Understanding (MOU) that defines the responsibilities of campus officials and law enforcement. Components of the MOU must include:
Institutions must share the MOU with their employees who work on the campus location the MOU is affiliated. If an institution and law enforcement agency participate in a sexual assault protocol team, such as a county or regional sexual assault response team (SART), the institution does not need to follow this provision.
Memorandum of Understanding Template (OHE)
Building Partnerships among Law Enforcement Agencies, Colleges and Universities (justice.gov)
University of Minnesota System
Institutions must offer a clear and understandable written policy and procedure to address sexual harassment and sexual violence. The policy must include victims’ rights under the Crime Victims bill of rights such as assistance from the Crime Victims Reparations Board and the Commissioner of Public Safety. The policy must also include how to report incidents of sexual violence and the disciplinary process to resolve such reports.
Institutions must coordinate with local law enforcement to create and administer a Memorandum of Understanding or participation in a Coordinated Community Response team. The MOU must be updated every two (2) years and delivered electronically to campus community.
Institutions must maintain an online reporting system that informs reporters of sexual violence about access to the information being reported and access to on- and off-campus resources that support victims of sexual violence.
Institutions must participate in the Office of Higher Education Sexual Assault Data Report. Data collection on incidents, resolutions, and disciplinary actions, including previous incidents that were not resolved by October 1 of each year. Data collected in a given year is data from the previous calendar year.
Institutions must ensure privacy of data. Incidents of sexual assault are private data under section 13.02 subdivision 12. Information can be shared with Campus Security officials and campus officials tasked with the investigation and adjudication, but otherwise limit access unless authorized by the student involved in the report.
Comprehensive training for employees involved in the intervention and response to reports of sexual violence. Specific training requirements for campus security officers, campus administrators who investigate or adjudicate cases, employees who respond to victims of sexual violence, and student health service professionals.
Institutions must provide comprehensive training to students defined by statute 136A.103. Topics that must be covered include the definition of consent, preventing and reducing the prevalence of sexual violence, procedures to report a sexual assault, and on and off campus resources to support victims of sexual assault
Institutions must distribute its sexual misconduct policy at student course registration.