Expand AllClick here for a more accessible versionArticle XX-G states the MOUs should be in place by December 31, 2022.
No, your institution can utilize any MOU that has been approved by your legal counsel in collaboration with the local centers.
Schools and institutions are expected to obtain the required Memorandums of Understanding (MOU). However, if a school or institution exhausts all efforts to find a partner rape crisis center and domestic violence program but is unable to, they may pursue a Good-Faith Waiver. Waivers can be sought through the annual attestation of compliance. The Department of Education will only grant the waiver if the school or institution can prove that it acted in good faith but was unable to attain the MOUs. One of the following documentation options must be submitted to the Pennsylvania Department of Education to obtain a waiver:
- A letter from a rape crisis center or domestic violence program stating they are unable to partner with the institution.
- A letter on the institution's letterhead indicating that the institution made request(s) to enter into the MOU with a rape crisis center or domestic violence program; however, the institution received no response to the request(s) or the local center was unable to provide services at this time.
Please submit documentation to David Stewart at ra-highereducation@pa.gov.
There could be a fee-for-service as part of the MOU that you negotiate
with the local centers. It is up to the institution as to how you put that in
place.
If your institution is referring students to a local center via your
website, you are not in compliance of Article XX-G. While this will meet
minimum requirements, it must be in the form of a formal MOU.
The specificity of the MOU is up to your IHE, legal team and local
center.
It is the IHE’s responsibility.
Schools and institutions can enter an agreement with one agency that provides both services. They may contract with one or more than one if resources and required services are accessible.
Yes. Institutions and schools that do not have full-time students are required to have MOUs and an education program for employees, regardless of student status.
No. Schools and institutions with existing MOUs may maintain the MOU if it meets the established requirements. Existing MOUs can also be updated to meet the requirements the next time it will be renewed.
Yes, If services are realistically able to be provided to the student or employee.
No. While involving advocates in educational programs is required and engaging them with the campus community is encouraged, schools and institutions must only provide the option for off-campus services to students and faculty. This can be done by giving students and faculty the contact information of the centers and their advocates. If the school/institution and center agree to create office hours for an advocate to be on campus, it is best practice for the advocate to be located away from the school's Title IX and Student Conduct Offices.
The school/institution should educate the rape crisis center and domestic violence program on its policies and procedures for reporting, investigating, and adjudicating student and employee complaints. Additionally, the rape crisis center and domestic violence program should teach the institution/school about their processes when a victim reaches out. If possible, schools/institutions should travel to and tour the facilities of the rape crisis center and domestic violence center with which they are creating an MOU.
No. The prevention program should be developed in consultation with the local agencies but can be facilitated by the school/institution.
For additional information, please contact David Stewart, RA-EDITSONUSPA@pa.gov