District of Columbia Code Division VI. Education, Libraries, and Public Institutions. § 38-3502. Confidential resource advisor role and responsibilities.

(a)(1) Each institution shall employ or contract for at least 2 confidential resource advisors to serve as confidential resources for students and employees seeking resources pertaining to sexual misconduct.

(2) An institution shall notify all students and employees, in writing, of the identities, contact information for, and availability of its confidential resource advisors.

(1) Options for reporting sexual misconduct to the institution's public safety personnel, District or federal law enforcement, or the institution's Title IX Coordinator, and the processes required for making a complaint to each entity;

(2) Information pertaining to free and low-cost legal and sexual misconduct response services available through local legal services providers, sexual misconduct resource providers, and the District's Crime Victim Compensation Program;

(3) Information pertaining to securing protection or no contact orders, restraining orders, or similar lawful orders issued by a criminal or civil court;

(4) Information pertaining to the assisted party's rights and the institution's responsibilities regarding protection orders, no contact orders, and any other lawful orders issued by the institution or by a court of law;

(5) The investigative processes of District and federal law enforcement agencies and legal processes of District judicial bodies pertaining to sexual misconduct;

(6) Medical and health services available through the institution and at facilities that are unaffiliated with the institution, including free medical forensic exams available through local sexual assault nurse examiner programs;

(7) Counseling and mental health services available through the institution and available through local providers outside the institution;

(8) For students considering changes in their enrollment status such that the housing arrangements, healthcare, or insurance coverage available through the institution would be disrupted or terminated, rent assistance resources, healthcare resources, and insurance resources available outside the institution;

(9) The formal and informal resolution processes pertaining to sexual misconduct available at the institution and available outside the institution through sexual misconduct resource providers;

(10) A description of the supportive measures available at the institution, including through the institution's Title IX office and disabilities services office;

(11) Information about the Title IX Coordinator's role in providing students with supportive measures and in assisting students with maintaining academic progress, such as withdrawing from or taking an incomplete grade in a class;  and

(12) For students considering changes in their enrollment status, referrals to loan counseling services pertaining to loan deferment, loan default, forbearance, or other student loan or grant programs.

(i)(1) Notwithstanding § 4-1321.02, when an individual is acting in the individual's capacity as a confidential resource advisor, an assisted party's communications with the confidential resource advisor relating to an incident of sexual misconduct shall be confidential, may not be disclosed to the institution or law enforcement authorities, and shall be privileged against disclosure in any legal or administrative proceeding unless:

(2) To the extent the disclosure of information covered in paragraph (1) of this subsection would not be permitted under the Family Educational Rights and Privacy Act of 1974, approved August 21, 1974 (88 Stat. 571;  20 U.S.C. § 1232g et seq.), and its implementing regulations (34 C.F.R Part 99), the exceptions to confidentiality in paragraph (1) of this subsection shall not apply.

(j)(1) If a confidential resource advisor is required by statute or by a court of law to disclose a confidential communication, the confidential resource advisor shall inform the student or employee who made the confidential communication of the requirement to disclose at least 7 calendar days in advance of disclosure, unless prohibited by law, a court order, or subpoena from disclosing the requirement to disclose information.

(2) If the assisted party notifies the confidential resource provider that the individual has filed a motion for a protective order or a motion to quash prior to the date disclosure is due, the confidential resource provider shall not disclose the required information until there is a ruling by the court on such motion and shall only make the disclosure as determined by the court.

(k)(1) An institution may contract with a victim advocacy organization to provide confidential resource advisors as required under this section.

(2) An institution that enrolls fewer than 1,000 residential students may partner with another institution or sexual misconduct resource provider in the District to provide the services required under this section.

(3) An institution shall ensure that any contract entered into under this subsection shall result in a confidential resource advisor being available within a reasonable distance from the institution or by electronic means.