NY State Senate Bill 2013-S7954

Senate Bill S7954

2013-2014 Legislative Session

Relates to compliance with federal reporting standards for incidences of sexual assault on SUNY and CUNY campuses

download bill text pdf

Archive: Last Bill Status - In Senate Committee Rules Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Oct 29, 2014	referred to rules

2013-S7954 (ACTIVE) - Details

Current Committee:: Senate Rules
Law Section:: Education Law
Laws Affected:: Amd §6433, Ed L
Versions Introduced in Other Legislative Sessions:: 2015-2016: S1772
2017-2018: S3082
2019-2020: S4374
2021-2022: S4422
2023-2024: S5149

2013-S7954 (ACTIVE) - Summary

Relates to compliance with federal reporting standards for incidences of sexual assault on SUNY and CUNY campuses.

2013-S7954 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S7954

TITLE OF BILL:  An act to amend the education law, in relation to
documenting campus sexual assault and related complaints at SUNY and
CUNY institutions

PURPOSE:  To address the alarming increase of sexual assaults on
public university and college campuses.

SUMMARY OF SPECIFIC PROVISIONS:

Section 3 requires that the president or administrative officer of
each SUNY and CUNY institution appoint or designate an employee
meeting certain education qualifications with the responsibility of
coordinating compliance with Title IX and XX and creating a data base
cataloguing incidents, status and disposition of sexual assault
incidents and to make such data available on the institution's web
page by an active link between September 1st and May 1st of every
year.

Sections 4 and 5 require the Chancellor of SUNY and the Chancellor of
CUNY to develop an anonymous and standardized survey of on-campus
sexual assault incidents.

Section 6 provides that failure to comply with the aforementioned
provisions will result in the suspension of state provided

administrative and operations funds, with the exception of funds
allocated to student services and faculty salaries.

JUSTIFICATION:  In 2013 there were more than twice as many incidents
of sexual assault reported as five years earlier and such offenses
climbed by 40 percent overall between 2012 and 2013. The New York
State Coalition Against Sexual Assault reports that:

* At least 1 in 4 college women will be the victim of a sexual assault
during her academic career;

* At least 80% of all sexual assaults are committed by an
acquaintance;

* More than 70% of rape victims knew their attackers, compared to
about half of all violent crime victims;

* There are 35.3 incidents of sexual assault per 1,000 female students
on a campus

The NYS Office of Domestic and Sexual Violence and the NYS Office of
Victim Services have reported that Intimate Partner Violence, sexual
assault, and stalking are widespread on college campuses and that they
may occur one at a time or concurrently. Moreover these offices report
that nearly 89% of females reported experiencing at least one incident
of physical or sexual aggression by the end of college and that 42% of
the stalking incidences reported by college women were perpetrated by
a current or former partner.

Sexual assaults on and around college campuses, are a vastly
underreported crime. As of 2013, under new federal guidelines,


colleges were required for the first time to compile and disclose the
number of reports of dating violence, domestic violence, and stalking
on their campuses.

This bill codifies the requirement for public universities, colleges
and institutions in New York State to report these incidents.
Moreover, this bill but moreover makes the reporting of incidents a
consumer information tool for students in determining the institution
of higher learning they will attend.

LEGISLATIVE HISTORY:  N/A

FISCAL IMPACT ON STATE:  N/A

EFFECTIVE DATE:  This act shall take effect on the sixtieth day after
the bill shall become law.

2013-S7954 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  7954

                            I N  S E N A T E

                            October 29, 2014
                               ___________

Introduced  by  Sen.  PARKER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Rules

AN ACT to amend the education law, in  relation  to  documenting  campus
  sexual assault and related complaints at SUNY and CUNY institutions

  THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. Section 6433 of the education law, as added by chapter  597
of the laws of 2003, is amended to read as follows:
  S  6433.  Campus crime reporting and statistics.  1. Each college that
receives state aid shall indicate in their campus catalog, student hand-
book and viewbook how to access the campus  crime  statistics  that  are
filed  annually  with  the  United  States  Department  of  Education as
required under Title 20 of the U.S. Code Section 1092(f).  Every  campus
catalog,  student  handbook  and viewbook shall state that "The Advisory
Committee on Campus Safety will provide upon request  all  campus  crime
statistics as reported to the United States Department of Education."
  The  information  in the campus catalog, student handbook and viewbook
shall include the United  States  Department  of  Education's  web  site
address  for  campus  crime  statistics  and a campus phone number for a
designated college campus contact who  is  authorized  to  provide  such
statistics for that college. Whenever an individual requests such campus
crime  statistics,  the  college shall provide a hard copy mailed to the
individual within ten days of the  request  and  that  information  will
include  all  of the statistics that the campus is required to ascertain
under Title 20 of the U.S. Code Section 1092(f).
  2. The president or  chief  administrative  officer  of  each  college
shall,  working with the advisory committee on campus safety, take steps
to inform students and prospective students  of  the  existence  of  the
campus crime statistics on an annual basis and other campus safety poli-
cies and procedures of the school.
  3.  THE  PRESIDENT  OR  ADMINISTRATIVE  OFFICER  OF EACH SUNY AND CUNY
INSTITUTION SHALL APPOINT OR DESIGNATE AN EMPLOYEE WITH AT LEAST A BACH-
ELOR'S DEGREE IN NURSING, PSYCHOLOGY OR SOCIAL WORK WHO SHALL BE RESPON-
SIBLE FOR COORDINATING COMPLIANCE WITH TITLE IX OF THE EDUCATION  AMEND-

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.

                                                           LBD15684-04-4

S. 7954                             2

MENTS  OF  1972  (20 U.S.C. SECTION 1681, ET.  SEQ.) AND TITLE 20 OF THE
U.S. CODE SECTION 1092(F), AND CREATING  AND/OR  MANAGING  A  SEARCHABLE
DATABASE  CATALOGUING  THE  STATUS  OF ALL COMPLAINTS, REVIEWS, INVESTI-
GATIONS,  AND  RESOLUTIONS BROUGHT TO SUCH INSTITUTION'S ATTENTION UNDER
THESE PROVISIONS.  SUCH DATABASE SHALL BE MADE AVAILABLE ON THE  STUDENT
LIFE  WEB PAGE OF EVERY SUNY AND CUNY INSTITUTION, AND SHALL BE ACCESSI-
BLE BY AN ACTIVE LINK FROM SUCH INSTITUTION'S HOME PAGE BETWEEN  SEPTEM-
BER FIRST AND MAY FIRST OF EACH YEAR.
  4.  THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK SHALL DEVELOP A
STANDARDIZED, ANONYMOUS SURVEY OF INCIDENCES OF ON-CAMPUS SEXUAL ASSAULT
THAT SHALL BE DISTRIBUTED TO EACH SUNY INSTITUTION AND SHALL BE ADMINIS-
TERED BY SUCH INSTITUTIONS EACH MID-SEMESTER.  FOR THE PURPOSES OF  THIS
SUBDIVISION,  "SEXUAL ASSAULT" SHALL MEAN ANY SEX OFFENSE IN ARTICLE ONE
HUNDRED THIRTY OF THE PENAL LAW.
  5. THE CHANCELLOR OF THE CITY UNIVERSITY OF NEW YORK SHALL  DEVELOP  A
STANDARDIZED, ANONYMOUS SURVEY OF INCIDENCES OF ON-CAMPUS SEXUAL ASSAULT
THAT SHALL BE DISTRIBUTED TO EACH CUNY INSTITUTION AND SHALL BE ADMINIS-
TERED  BY SUCH INSTITUTIONS EACH MID-SEMESTER.  FOR THE PURPOSES OF THIS
SUBDIVISION, "SEXUAL ASSAULT" SHALL MEAN ANY SEX OFFENSE IN ARTICLE  ONE
HUNDRED THIRTY OF THE PENAL LAW.
  6. FAILURE OF A SUNY OR CUNY INSTITUTION TO COMPLY WITH THE PROVISIONS
OF  THIS  SECTION  SHALL  RESULT IN THE SUSPENSION OF ADMINISTRATIVE AND
OPERATIONS FUNDS CONTRIBUTED BY THE STATE PROVIDED, HOWEVER, THAT IN  NO
CASE  SHALL  SUCH  SUSPENSION RESULT IN A REDUCTION OR IN ANY WAY AFFECT
THE PORTION OF SUCH INSTITUTION'S BUDGET ALLOCATED FOR STUDENT  SERVICES
AND ALL FACULTY SALARY.
  S  2.  This  act  shall take effect on the sixtieth day after it shall
have become a law.

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