(1) Each institution of higher education shall waive any requirements relating to a minimum required grade point average or disciplinary record requirements required to demonstrate academic success that are part of an institution-sponsored program or activity identified by the institution under subsection (2) of this section for any participant who:

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(a) Has experienced sexual misconduct; and

(b) Has received a waiver in the manner described in subsection (3) of this section.

(2)(a) Each institution of higher education shall identify the institution-sponsored programs or activities that a waiver granted under this section shall apply to.

(b) A student must obtain a separate waiver under this section for each institution-sponsored program or activity.

(3) A student may obtain a waiver under this section from the certified advocate employed by the institution, the Title IX coordinator at the institution, a student basic needs coordinator at the institution, any law enforcement personnel at the institution, the student’s academic advisor at the institution or any disability resource center personnel.

(4) Each institution of higher education shall maintain confidentiality of all materials that contain personally identifiable information for individuals who have requested a waiver under this section unless disclosure is required specifically for the purpose of making required accommodations or if otherwise required by a court of law.

(5) As used in this section, ‘institution-sponsored program or activity’ includes but is not limited to a scholarship provided by an institution of higher education or an institution-sponsored academic or extracurricular activity. [2023 c.550 § 10]