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

                                  8244

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                              June 14, 2015
                               ___________

Introduced by M. of A. GLICK, PAULIN, ARROYO, BARRETT, BARRON, BICHOTTE,
  BLAKE,  BRENNAN,  BRINDISI,  BRONSON,  CRESPO,  CUSICK, DAVILA, ENGLE-
  BRIGHT, FAHY, FARRELL,  GALEF,  JAFFEE,  KAMINSKY,  LINARES,  LUPARDO,
  McDONALD,  MORELLE,  MOSLEY,  MOYA, OTIS, PICHARDO, PRETLOW, ROBINSON,
  ROSENTHAL, ROZIC, RYAN, SANTABARBARA, SCHIMEL, SEAWRIGHT, SIMON, SIMO-
  TAS, STECK, STIRPE, THIELE, TITONE, WALKER, WEINSTEIN, WEPRIN, ZEBROW-
  SKI -- (at request of the Governor) -- read once and referred  to  the
  Committee on Higher Education

AN  ACT to amend the education law, in relation to the implementation by
  colleges and universities of sexual assault, dating violence, domestic
  violence and stalking prevention and response policies and procedures;
  and to amend the civil practice law and rules, in relation to  privacy
  of name in certain legal challenges to college/university disciplinary
  findings; and making appropriations therefor

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

  Section 1. The education law is amended by adding a new article  129-B
to read as follows:
                              ARTICLE 129-B
     IMPLEMENTATION BY COLLEGES AND UNIVERSITIES OF SEXUAL ASSAULT,
     DATING VIOLENCE, DOMESTIC VIOLENCE AND STALKING PREVENTION AND
                    RESPONSE POLICIES AND PROCEDURES
SECTION 6439. DEFINITIONS.
        6440. GENERAL PROVISIONS.
        6441. AFFIRMATIVE CONSENT TO SEXUAL ACTIVITY.
        6442. POLICY FOR ALCOHOL AND/OR DRUG USE AMNESTY.
        6443. STUDENTS' BILL OF RIGHTS.
        6444. RESPONSE TO REPORTS.
        6445. CAMPUS CLIMATE ASSESSMENTS.
        6446. OPTIONS FOR CONFIDENTIAL DISCLOSURE.
        6447. STUDENT ONBOARDING AND ONGOING EDUCATION.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD12034-02-5
              

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        6448. PRIVACY IN LEGAL CHALLENGES.
        6449. REPORTING AGGREGATE DATA TO THE DEPARTMENT.
  S 6439. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS HAVE
THE FOLLOWING MEANINGS:
  1. "INSTITUTION" SHALL MEAN ANY COLLEGE OR UNIVERSITY CHARTERED BY THE
REGENTS OR INCORPORATED BY SPECIAL ACT OF THE LEGISLATURE THAT MAINTAINS
A CAMPUS IN NEW YORK.
  2.  "TITLE  IX COORDINATOR" SHALL MEAN THE TITLE IX COORDINATOR AND/OR
HIS OR HER DESIGNEE OR DESIGNEES.
  3. "BYSTANDER" SHALL MEAN A PERSON WHO  OBSERVES  A  CRIME,  IMPENDING
CRIME,  CONFLICT,  POTENTIALLY  VIOLENT  OR VIOLENT BEHAVIOR, OR CONDUCT
THAT IS IN VIOLATION OF RULES OR POLICIES OF AN INSTITUTION.
  4. "CODE OF CONDUCT" SHALL MEAN THE WRITTEN  POLICIES  ADOPTED  BY  AN
INSTITUTION  GOVERNING  STUDENT  BEHAVIOR,  RIGHTS, AND RESPONSIBILITIES
WHILE SUCH STUDENT IS MATRICULATED IN THE INSTITUTION.
  5. "CONFIDENTIALITY" MAY BE  OFFERED  BY  AN  INDIVIDUAL  WHO  IS  NOT
REQUIRED  BY  LAW  TO  REPORT KNOWN INCIDENTS OF SEXUAL ASSAULT OR OTHER
CRIMES TO INSTITUTION OFFICIALS, IN A MANNER CONSISTENT WITH  STATE  AND
FEDERAL  LAW,  INCLUDING  BUT  NOT  LIMITED  TO 20 U.S.C. 1092(F) AND 20
U.S.C. 1681(A). LICENSED MENTAL HEALTH COUNSELORS, MEDICAL PROVIDERS AND
PASTORAL COUNSELORS ARE EXAMPLES OF INSTITUTION EMPLOYEES WHO MAY  OFFER
CONFIDENTIALITY.
  6.  "PRIVACY"  MAY BE OFFERED BY AN INDIVIDUAL WHEN SUCH INDIVIDUAL IS
UNABLE TO OFFER CONFIDENTIALITY  UNDER  THE  LAW  BUT  SHALL  STILL  NOT
DISCLOSE INFORMATION LEARNED FROM A REPORTING INDIVIDUAL OR BYSTANDER TO
A  CRIME  OR  INCIDENT MORE THAN NECESSARY TO COMPLY WITH THIS AND OTHER
APPLICABLE LAWS, INCLUDING INFORMING APPROPRIATE INSTITUTION  OFFICIALS.
INSTITUTIONS  MAY SUBSTITUTE ANOTHER RELEVANT TERM HAVING THE SAME MEAN-
ING, AS APPROPRIATE TO THE POLICIES OF THE INSTITUTION.
  7. "ACCUSED" SHALL MEAN A PERSON ACCUSED OF A VIOLATION  WHO  HAS  NOT
YET ENTERED AN INSTITUTION'S JUDICIAL OR CONDUCT PROCESS.
  8.  "RESPONDENT"  SHALL  MEAN  A PERSON ACCUSED OF A VIOLATION WHO HAS
ENTERED AN INSTITUTION'S JUDICIAL OR CONDUCT PROCESS.
  9. "REPORTING INDIVIDUAL" SHALL ENCOMPASS THE TERMS VICTIM,  SURVIVOR,
COMPLAINANT,  CLAIMANT,  WITNESS  WITH VICTIM STATUS, AND ANY OTHER TERM
USED BY AN INSTITUTION TO REFERENCE AN INDIVIDUAL  WHO  BRINGS  FORTH  A
REPORT OF A VIOLATION.
  10.  "SEXUAL ACTIVITY" SHALL HAVE THE SAME MEANING AS "SEXUAL ACT" AND
"SEXUAL CONTACT" AS PROVIDED IN 18 U.S.C. 2246(2) AND 18 U.S.C. 2246(3).
  11. "DOMESTIC VIOLENCE", "DATING  VIOLENCE",  "STALKING"  AND  "SEXUAL
ASSAULT"  SHALL BE DEFINED BY EACH INSTITUTION IN ITS CODE OF CONDUCT IN
A MANNER CONSISTENT WITH APPLICABLE FEDERAL DEFINITIONS.
  S 6440. GENERAL PROVISIONS.  1. EVERY INSTITUTION SHALL:
  A. ADOPT WRITTEN RULES IMPLEMENTING THIS ARTICLE BY AMENDING ITS  CODE
OF CONDUCT OR OTHER COMPARABLE POLICIES;
  B.  ANNUALLY  FILE  WITH  THE DEPARTMENT ON OR BEFORE THE FIRST DAY OF
JULY, BEGINNING IN TWO THOUSAND SIXTEEN,  A  CERTIFICATE  OF  COMPLIANCE
WITH THE PROVISIONS OF THIS ARTICLE; AND
  C.  FILE  A COPY OF ALL WRITTEN RULES AND POLICIES ADOPTED AS REQUIRED
IN THIS ARTICLE WITH THE DEPARTMENT ON OR BEFORE THE FIRST DAY OF  JULY,
TWO  THOUSAND  SIXTEEN, AND ONCE EVERY TEN YEARS THEREAFTER, EXCEPT THAT
THE SECOND FILING SHALL COINCIDE WITH THE REQUIRED FILING UNDER  ARTICLE
ONE  HUNDRED  TWENTY-NINE-A  OF  THIS  CHAPTER, AND CONTINUE ON THE SAME
CYCLE THEREAFTER.
  2. ALL INSTITUTIONAL SERVICES AND PROTECTIONS  AFFORDED  TO  REPORTING
INDIVIDUALS  UNDER  THIS  ARTICLE SHALL BE AVAILABLE TO ALL STUDENTS AND

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APPLICABLE TO CONDUCT THAT HAS A REASONABLE CONNECTION TO THAT  INSTITU-
TION.  WHEN SUCH CONDUCT INVOLVES STUDENTS OR EMPLOYEES FROM TWO OR MORE
INSTITUTIONS, SUCH INSTITUTIONS MAY WORK COLLABORATIVELY TO ADDRESS  THE
CONDUCT PROVIDED THAT SUCH COLLABORATION COMPLIES WITH THE FAMILY EDUCA-
TIONAL  RIGHTS  AND  PRIVACY  ACT CODIFIED AT 20 U.S.C. 1232G; 34 C.F.R.
PART 99.
  3. IF AN INSTITUTION FAILS TO FILE A CERTIFICATE OF COMPLIANCE  ON  OR
BEFORE  SEPTEMBER FIRST BEGINNING IN TWO THOUSAND SIXTEEN, SUCH INSTITU-
TION SHALL BE INELIGIBLE TO RECEIVE STATE AID  OR  ASSISTANCE  UNTIL  IT
FILES  SUCH A CERTIFICATE. THE DEPARTMENT SHALL CONDUCT AUDITS OF INSTI-
TUTIONS BY RANDOM SELECTION, AT ANY  TIME  AFTER  SEPTEMBER  FIRST,  TWO
THOUSAND SIXTEEN, TO ENSURE COMPLIANCE WITH THE PROVISIONS OF THIS ARTI-
CLE, AND SHALL POST INFORMATION AND STATISTICS REGARDING COMPLIANCE WITH
THIS ARTICLE ON THE DEPARTMENT'S WEBSITE.
  4.  A COPY OF SUCH RULES AND POLICIES SHALL BE PROVIDED BY EACH INSTI-
TUTION TO ALL STUDENTS ENROLLED IN SAID INSTITUTION USING A  METHOD  AND
MANNER APPROPRIATE TO ITS INSTITUTIONAL CULTURE.  EACH INSTITUTION SHALL
ALSO POST SUCH RULES AND POLICIES ON ITS WEBSITE IN AN EASILY ACCESSIBLE
MANNER TO THE PUBLIC.
  5.  THE  PROTECTIONS  IN THIS ARTICLE APPLY REGARDLESS OF RACE, COLOR,
NATIONAL ORIGIN, RELIGION, CREED, AGE, DISABILITY, SEX, GENDER  IDENTITY
OR  EXPRESSION,  SEXUAL ORIENTATION, FAMILIAL STATUS, PREGNANCY, PREDIS-
POSING  GENETIC  CHARACTERISTICS,  MILITARY  STATUS,  DOMESTIC  VIOLENCE
VICTIM STATUS, OR CRIMINAL CONVICTION.
  6.  THE  PROVISIONS  OF THIS ARTICLE SHALL APPLY REGARDLESS OF WHETHER
THE VIOLATION OCCURS ON CAMPUS, OFF CAMPUS, OR WHILE STUDYING ABROAD.
  7. INSTITUTIONS SHALL, WHERE APPROPRIATE, UTILIZE APPLICABLE STATE AND
FEDERAL LAW, REGULATIONS, AND GUIDANCE IN WRITING THE POLICIES  REQUIRED
PURSUANT TO THIS ARTICLE.
  8.  NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO LIMIT IN ANY WAY THE
PROVISIONS OF THE PENAL LAW THAT APPLY TO THE CRIMINAL ACTION  ANALOGOUS
TO THE STUDENT CONDUCT CODE VIOLATIONS REFERENCED HEREIN. ACTION PURSUED
THROUGH  THE CRIMINAL JUSTICE PROCESS SHALL BE GOVERNED BY THE PENAL LAW
AND THE CRIMINAL PROCEDURE LAW.
  9. NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO CREATE A NEW  PRIVATE
RIGHT OF ACTION FOR ANY PERSON.
  10.  NOTHING IN THIS ARTICLE SHALL BE CONSTRUED TO PREVENT AN INSTITU-
TION FROM CONTINUING AN INVESTIGATION WHEN REQUIRED BY LAW  TO  CONTINUE
SUCH INVESTIGATION.
  S  6441.  AFFIRMATIVE CONSENT TO SEXUAL ACTIVITY. 1. EVERY INSTITUTION
SHALL ADOPT THE FOLLOWING DEFINITION OF AFFIRMATIVE CONSENT AS  PART  OF
ITS  CODE  OF CONDUCT: "AFFIRMATIVE CONSENT IS A KNOWING, VOLUNTARY, AND
MUTUAL DECISION AMONG ALL PARTICIPANTS TO  ENGAGE  IN  SEXUAL  ACTIVITY.
CONSENT  CAN  BE  GIVEN  BY  WORDS OR ACTIONS, AS LONG AS THOSE WORDS OR
ACTIONS CREATE CLEAR PERMISSION REGARDING WILLINGNESS TO ENGAGE  IN  THE
SEXUAL  ACTIVITY.  SILENCE OR LACK OF RESISTANCE, IN AND OF ITSELF, DOES
NOT DEMONSTRATE CONSENT. THE DEFINITION OF CONSENT DOES NOT  VARY  BASED
UPON A PARTICIPANT'S SEX, SEXUAL ORIENTATION, GENDER IDENTITY, OR GENDER
EXPRESSION."
  2.  EACH  INSTITUTION'S  CODE  OF  CONDUCT SHALL REFLECT THE FOLLOWING
PRINCIPLES AS GUIDANCE FOR THE INSTITUTION'S COMMUNITY:
  A. CONSENT TO ANY SEXUAL  ACT  OR  PRIOR  CONSENSUAL  SEXUAL  ACTIVITY
BETWEEN OR WITH ANY PARTY DOES NOT NECESSARILY CONSTITUTE CONSENT TO ANY
OTHER SEXUAL ACT.
  B. CONSENT IS REQUIRED REGARDLESS OF WHETHER THE PERSON INITIATING THE
ACT IS UNDER THE INFLUENCE OF DRUGS AND/OR ALCOHOL.

A. 8244                             4

  C. CONSENT MAY BE INITIALLY GIVEN BUT WITHDRAWN AT ANY TIME.
  D.  CONSENT  CANNOT  BE  GIVEN  WHEN  A PERSON IS INCAPACITATED, WHICH
OCCURS WHEN AN INDIVIDUAL LACKS  THE  ABILITY  TO  KNOWINGLY  CHOOSE  TO
PARTICIPATE IN SEXUAL ACTIVITY. INCAPACITATION MAY BE CAUSED BY THE LACK
OF  CONSCIOUSNESS OR BEING ASLEEP, BEING INVOLUNTARILY RESTRAINED, OR IF
AN INDIVIDUAL OTHERWISE CANNOT CONSENT.   DEPENDING  ON  THE  DEGREE  OF
INTOXICATION,  SOMEONE  WHO IS UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR
OTHER INTOXICANTS MAY BE INCAPACITATED AND THEREFORE UNABLE TO CONSENT.
  E. CONSENT CANNOT BE GIVEN WHEN IT IS  THE  RESULT  OF  ANY  COERCION,
INTIMIDATION, FORCE, OR THREAT OF HARM.
  F.  WHEN CONSENT IS WITHDRAWN OR CAN NO LONGER BE GIVEN, SEXUAL ACTIV-
ITY MUST STOP.
  S 6442. POLICY FOR ALCOHOL AND/OR DRUG USE AMNESTY. 1. EVERY  INSTITU-
TION  SHALL ADOPT AND IMPLEMENT THE FOLLOWING POLICY AS PART OF ITS CODE
OF CONDUCT: "THE HEALTH AND SAFETY OF EVERY STUDENT AT THE {INSTITUTION}
IS OF UTMOST IMPORTANCE. {INSTITUTION} RECOGNIZES THAT STUDENTS WHO HAVE
BEEN DRINKING AND/OR USING DRUGS  (WHETHER  SUCH  USE  IS  VOLUNTARY  OR
INVOLUNTARY)  AT  THE  TIME  THAT VIOLENCE, INCLUDING BUT NOT LIMITED TO
DOMESTIC VIOLENCE, DATING VIOLENCE, STALKING, OR SEXUAL  ASSAULT  OCCURS
MAY BE HESITANT TO REPORT SUCH INCIDENTS DUE TO FEAR OF POTENTIAL CONSE-
QUENCES   FOR  THEIR  OWN  CONDUCT.  {INSTITUTION}  STRONGLY  ENCOURAGES
STUDENTS TO REPORT DOMESTIC  VIOLENCE,  DATING  VIOLENCE,  STALKING,  OR
SEXUAL  ASSAULT  TO  INSTITUTION  OFFICIALS.  A BYSTANDER ACTING IN GOOD
FAITH OR A REPORTING INDIVIDUAL ACTING IN GOOD FAITH THAT DISCLOSES  ANY
INCIDENT  OF  DOMESTIC  VIOLENCE,  DATING  VIOLENCE, STALKING, OR SEXUAL
ASSAULT TO {INSTITUTION'S} OFFICIALS OR  LAW  ENFORCEMENT  WILL  NOT  BE
SUBJECT  TO  {INSTITUTION'S}  CODE  OF  CONDUCT ACTION FOR VIOLATIONS OF
ALCOHOL AND/OR DRUG USE POLICIES OCCURRING AT OR NEAR THE  TIME  OF  THE
COMMISSION OF THE DOMESTIC VIOLENCE, DATING VIOLENCE, STALKING, OR SEXU-
AL ASSAULT."
  2.  NOTHING  IN  THIS  SECTION  SHALL  BE CONSTRUED TO LIMIT AN INSTI-
TUTION'S ABILITY TO PROVIDE AMNESTY IN ADDITIONAL CIRCUMSTANCES.
  S 6443. STUDENTS' BILL OF RIGHTS. EVERY INSTITUTION  SHALL  ADOPT  AND
IMPLEMENT  THE  FOLLOWING "STUDENTS' BILL OF RIGHTS" AS PART OF ITS CODE
OF CONDUCT WHICH SHALL BE DISTRIBUTED ANNUALLY TO STUDENTS, MADE  AVAIL-
ABLE ON EACH INSTITUTION'S WEBSITE, POSTED IN CAMPUS RESIDENCE HALLS AND
CAMPUS  CENTERS, AND SHALL INCLUDE LINKS OR INFORMATION TO FILE A REPORT
AND SEEK A RESPONSE, PURSUANT TO SECTION SIXTY-FOUR  HUNDRED  FORTY-FOUR
OF THIS ARTICLE, AND THE OPTIONS FOR CONFIDENTIAL DISCLOSURE PURSUANT TO
SECTION SIXTY-FOUR HUNDRED FORTY-SIX OF THIS ARTICLE: "ALL STUDENTS HAVE
THE  RIGHT  TO:  1.  MAKE A REPORT TO LOCAL LAW ENFORCEMENT AND/OR STATE
POLICE; 2. HAVE  DISCLOSURES  OF  DOMESTIC  VIOLENCE,  DATING  VIOLENCE,
STALKING, AND SEXUAL ASSAULT TREATED SERIOUSLY; 3. MAKE A DECISION ABOUT
WHETHER  OR  NOT TO DISCLOSE A CRIME OR VIOLATION AND PARTICIPATE IN THE
JUDICIAL OR CONDUCT PROCESS AND/OR CRIMINAL JUSTICE  PROCESS  FREE  FROM
PRESSURE  BY  THE INSTITUTION; 4. PARTICIPATE IN A PROCESS THAT IS FAIR,
IMPARTIAL, AND PROVIDES ADEQUATE NOTICE AND A MEANINGFUL OPPORTUNITY  TO
BE HEARD; 5. BE TREATED WITH DIGNITY AND TO RECEIVE FROM THE INSTITUTION
COURTEOUS,  FAIR,  AND  RESPECTFUL  HEALTH CARE AND COUNSELING SERVICES,
WHERE AVAILABLE; 6. BE FREE FROM ANY SUGGESTION THAT THE REPORTING INDI-
VIDUAL IS AT FAULT WHEN THESE CRIMES AND VIOLATIONS  ARE  COMMITTED,  OR
SHOULD  HAVE  ACTED  IN  A  DIFFERENT  MANNER  TO  AVOID  SUCH CRIMES OR
VIOLATIONS; 7.  DESCRIBE THE INCIDENT TO AS  FEW  INSTITUTION  REPRESEN-
TATIVES  AS  PRACTICABLE  AND  NOT BE REQUIRED TO UNNECESSARILY REPEAT A
DESCRIPTION OF THE INCIDENT; 8. BE PROTECTED  FROM  RETALIATION  BY  THE
INSTITUTION,  ANY  STUDENT,  THE  ACCUSED  AND/OR THE RESPONDENT, AND/OR

A. 8244                             5

THEIR FRIENDS, FAMILY AND ACQUAINTANCES WITHIN THE JURISDICTION  OF  THE
INSTITUTION;  9.  ACCESS  TO  AT LEAST ONE LEVEL OF APPEAL OF A DETERMI-
NATION; 10. BE ACCOMPANIED BY AN ADVISOR OF CHOICE WHO  MAY  ASSIST  AND
ADVISE  A  REPORTING  INDIVIDUAL,  ACCUSED, OR RESPONDENT THROUGHOUT THE
JUDICIAL OR CONDUCT PROCESS INCLUDING DURING ALL MEETINGS  AND  HEARINGS
RELATED  TO SUCH PROCESS; AND 11.  EXERCISE CIVIL RIGHTS AND PRACTICE OF
RELIGION WITHOUT INTERFERENCE BY THE INVESTIGATIVE, CRIMINAL JUSTICE, OR
JUDICIAL OR CONDUCT PROCESS OF THE INSTITUTION."
  S 6444. RESPONSE TO REPORTS. 1. EVERY INSTITUTION  SHALL  ENSURE  THAT
REPORTING INDIVIDUALS ARE ADVISED OF THEIR RIGHT TO:
  A. NOTIFY UNIVERSITY POLICE OR CAMPUS SECURITY, LOCAL LAW ENFORCEMENT,
AND/OR STATE POLICE;
  B.  HAVE EMERGENCY ACCESS TO A TITLE IX COORDINATOR OR OTHER APPROPRI-
ATE OFFICIAL TRAINED IN INTERVIEWING VICTIMS OF SEXUAL ASSAULT WHO SHALL
BE  AVAILABLE UPON THE FIRST INSTANCE OF DISCLOSURE BY A REPORTING INDI-
VIDUAL TO PROVIDE INFORMATION REGARDING OPTIONS TO PROCEED,  AND,  WHERE
APPLICABLE, THE IMPORTANCE OF PRESERVING EVIDENCE AND OBTAINING A SEXUAL
ASSAULT FORENSIC EXAMINATION AS SOON AS POSSIBLE, AND DETAILING THAT THE
CRIMINAL  JUSTICE  PROCESS  UTILIZES  DIFFERENT  STANDARDS  OF PROOF AND
EVIDENCE AND THAT  ANY  QUESTIONS  ABOUT  WHETHER  A  SPECIFIC  INCIDENT
VIOLATED  THE PENAL LAW SHOULD BE ADDRESSED TO LAW ENFORCEMENT OR TO THE
DISTRICT ATTORNEY. SUCH OFFICIAL SHALL ALSO EXPLAIN WHETHER HE OR SHE IS
AUTHORIZED TO OFFER THE REPORTING INDIVIDUAL CONFIDENTIALITY OR PRIVACY,
AND SHALL INFORM THE REPORTING INDIVIDUAL OF OTHER REPORTING OPTIONS;
  C. DISCLOSE  CONFIDENTIALLY  THE  INCIDENT  TO  INSTITUTION  REPRESEN-
TATIVES,  WHO  MAY OFFER CONFIDENTIALITY PURSUANT TO APPLICABLE LAWS AND
CAN ASSIST IN OBTAINING SERVICES FOR REPORTING INDIVIDUALS;
  D. DISCLOSE CONFIDENTIALLY THE INCIDENT AND OBTAIN SERVICES  FROM  THE
STATE OR LOCAL GOVERNMENT;
  E.  DISCLOSE THE INCIDENT TO INSTITUTION REPRESENTATIVES WHO CAN OFFER
PRIVACY OR CONFIDENTIALITY, AS APPROPRIATE, AND CAN ASSIST IN  OBTAINING
RESOURCES FOR REPORTING INDIVIDUALS;
  F.  FILE  A  REPORT  OF  SEXUAL  ASSAULT,  DOMESTIC  VIOLENCE,  DATING
VIOLENCE, AND/OR STALKING AND THE RIGHT TO CONSULT THE TITLE IX  COORDI-
NATOR  AND OTHER APPROPRIATE INSTITUTION REPRESENTATIVES FOR INFORMATION
AND ASSISTANCE. REPORTS SHALL BE INVESTIGATED IN ACCORDANCE WITH  INSTI-
TUTION POLICY AND A REPORTING INDIVIDUAL'S IDENTITY SHALL REMAIN PRIVATE
AT ALL TIMES IF SAID REPORTING INDIVIDUAL WISHES TO MAINTAIN PRIVACY;
  G.  DISCLOSE,  IF  THE  ACCUSED IS AN EMPLOYEE OF THE INSTITUTION, THE
INCIDENT TO THE INSTITUTION'S HUMAN RESOURCES AUTHORITY OR THE RIGHT  TO
REQUEST  THAT  A CONFIDENTIAL OR PRIVATE EMPLOYEE ASSIST IN REPORTING TO
THE APPROPRIATE HUMAN RESOURCES AUTHORITY;
  H. RECEIVE ASSISTANCE FROM APPROPRIATE INSTITUTION REPRESENTATIVES  IN
INITIATING LEGAL PROCEEDINGS IN FAMILY COURT OR CIVIL COURT; AND
  I. WITHDRAW A COMPLAINT OR INVOLVEMENT FROM THE INSTITUTION PROCESS AT
ANY TIME.
  2.  EVERY  INSTITUTION  SHALL  ENSURE THAT, AT A MINIMUM, AT THE FIRST
INSTANCE OF DISCLOSURE BY  A  REPORTING  INDIVIDUAL  TO  AN  INSTITUTION
REPRESENTATIVE,  THE  FOLLOWING  INFORMATION  SHALL  BE PRESENTED TO THE
REPORTING INDIVIDUAL: "YOU HAVE THE RIGHT TO MAKE A REPORT TO UNIVERSITY
POLICE OR CAMPUS SECURITY, LOCAL LAW ENFORCEMENT, AND/OR STATE POLICE OR
CHOOSE NOT TO REPORT; TO REPORT THE INCIDENT TO YOUR INSTITUTION; TO  BE
PROTECTED BY THE INSTITUTION FROM RETALIATION FOR REPORTING AN INCIDENT;
AND TO RECEIVE ASSISTANCE AND RESOURCES FROM YOUR INSTITUTION."
  3.  EVERY  INSTITUTION  SHALL  ENSURE  THAT REPORTING INDIVIDUALS HAVE
INFORMATION ABOUT RESOURCES, INCLUDING INTERVENTION, MENTAL HEALTH COUN-

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SELING, AND MEDICAL SERVICES, WHICH SHALL INCLUDE INFORMATION ON WHETHER
SUCH RESOURCES ARE AVAILABLE AT NO COST OR FOR A FEE. EVERY  INSTITUTION
SHALL ALSO PROVIDE INFORMATION ON SEXUALLY TRANSMITTED INFECTIONS, SEXU-
AL  ASSAULT  FORENSIC  EXAMINATIONS, AND RESOURCES AVAILABLE THROUGH THE
NEW YORK STATE  OFFICE  OF  VICTIM  SERVICES,  ESTABLISHED  PURSUANT  TO
SECTION SIX HUNDRED TWENTY-TWO OF THE EXECUTIVE LAW.
  4.  EVERY  INSTITUTION  SHALL ENSURE THAT INDIVIDUALS ARE PROVIDED THE
FOLLOWING PROTECTIONS AND ACCOMMODATIONS:
  A. WHEN THE ACCUSED OR RESPONDENT IS A STUDENT, TO HAVE  THE  INSTITU-
TION ISSUE A "NO CONTACT ORDER" CONSISTENT WITH INSTITUTION POLICIES AND
PROCEDURES,  WHEREBY  CONTINUED  INTENTIONAL  CONTACT WITH THE REPORTING
INDIVIDUAL WOULD BE A VIOLATION OF INSTITUTION POLICY SUBJECT  TO  ADDI-
TIONAL  CONDUCT  CHARGES;  IF  THE ACCUSED OR RESPONDENT AND A REPORTING
INDIVIDUAL OBSERVE EACH OTHER IN A PUBLIC PLACE, IT SHALL BE THE RESPON-
SIBILITY OF THE ACCUSED OR RESPONDENT TO LEAVE THE AREA IMMEDIATELY  AND
WITHOUT  DIRECTLY  CONTACTING THE REPORTING INDIVIDUAL. BOTH THE ACCUSED
OR RESPONDENT AND THE  REPORTING  INDIVIDUAL  SHALL,  UPON  REQUEST  AND
CONSISTENT  WITH  INSTITUTION  POLICIES  AND  PROCEDURES,  BE AFFORDED A
PROMPT REVIEW, REASONABLE UNDER THE CIRCUMSTANCES, OF THE NEED  FOR  AND
TERMS OF A NO CONTACT ORDER, INCLUDING POTENTIAL MODIFICATION, AND SHALL
BE  ALLOWED TO SUBMIT EVIDENCE IN SUPPORT OF HIS OR HER REQUEST.  INSTI-
TUTIONS MAY ESTABLISH  AN  APPROPRIATE  SCHEDULE  FOR  THE  ACCUSED  AND
RESPONDENTS TO ACCESS APPLICABLE INSTITUTION BUILDINGS AND PROPERTY AT A
TIME  WHEN  SUCH  BUILDINGS  AND  PROPERTY ARE NOT BEING ACCESSED BY THE
REPORTING INDIVIDUAL;
  B. TO BE ASSISTED BY THE INSTITUTION'S POLICE OR SECURITY  FORCES,  IF
APPLICABLE,  OR  OTHER OFFICIALS IN OBTAINING AN ORDER OF PROTECTION OR,
IF OUTSIDE OF NEW YORK STATE, AN EQUIVALENT  PROTECTIVE  OR  RESTRAINING
ORDER;
  C.  TO  RECEIVE  A  COPY OF THE ORDER OF PROTECTION OR EQUIVALENT WHEN
RECEIVED BY AN INSTITUTION AND HAVE AN OPPORTUNITY TO MEET OR SPEAK WITH
AN INSTITUTION REPRESENTATIVE, OR OTHER APPROPRIATE INDIVIDUAL, WHO  CAN
EXPLAIN  THE  ORDER AND ANSWER QUESTIONS ABOUT IT, INCLUDING INFORMATION
FROM THE ORDER ABOUT THE ACCUSED'S RESPONSIBILITY TO STAY AWAY FROM  THE
PROTECTED PERSON OR PERSONS;
  D.  TO  AN EXPLANATION OF THE CONSEQUENCES FOR VIOLATING THESE ORDERS,
INCLUDING BUT NOT LIMITED TO ARREST,  ADDITIONAL  CONDUCT  CHARGES,  AND
INTERIM SUSPENSION;
  E.  TO RECEIVE ASSISTANCE FROM UNIVERSITY POLICE OR CAMPUS SECURITY IN
EFFECTING AN ARREST WHEN AN INDIVIDUAL VIOLATES AN ORDER  OF  PROTECTION
OR,  IF  UNIVERSITY POLICE OR CAMPUS SECURITY DOES NOT POSSESS ARRESTING
POWERS, THEN TO CALL ON AND ASSIST LOCAL LAW ENFORCEMENT IN EFFECTING AN
ARREST FOR VIOLATING SUCH AN ORDER, PROVIDED THAT NOTHING IN THIS  ARTI-
CLE SHALL LIMIT CURRENT LAW ENFORCEMENT JURISDICTION AND PROCEDURES;
  F. WHEN THE ACCUSED OR RESPONDENT IS A STUDENT DETERMINED TO PRESENT A
CONTINUING  THREAT TO THE HEALTH AND SAFETY OF THE COMMUNITY, TO SUBJECT
THE ACCUSED OR RESPONDENT TO INTERIM SUSPENSION PENDING THE OUTCOME OF A
JUDICIAL OR CONDUCT PROCESS CONSISTENT WITH THIS ARTICLE AND THE  INSTI-
TUTION'S POLICIES AND PROCEDURES. BOTH THE ACCUSED OR RESPONDENT AND THE
REPORTING  INDIVIDUAL SHALL, UPON REQUEST AND CONSISTENT WITH THE INSTI-
TUTION'S POLICIES AND PROCEDURES, BE AFFORDED A PROMPT  REVIEW,  REASON-
ABLE  UNDER  THE  CIRCUMSTANCES, OF THE NEED FOR AND TERMS OF AN INTERIM
SUSPENSION, INCLUDING POTENTIAL MODIFICATION, AND SHALL  BE  ALLOWED  TO
SUBMIT EVIDENCE IN SUPPORT OF HIS OR HER REQUEST;
  G.  WHEN  THE  ACCUSED  IS NOT A STUDENT BUT IS A MEMBER OF THE INSTI-
TUTION'S COMMUNITY AND PRESENTS A CONTINUING THREAT TO  THE  HEALTH  AND

A. 8244                             7

SAFETY  OF  THE COMMUNITY, TO SUBJECT THE ACCUSED TO INTERIM MEASURES IN
ACCORDANCE WITH APPLICABLE COLLECTIVE  BARGAINING  AGREEMENTS,  EMPLOYEE
HANDBOOKS, AND RULES AND POLICIES OF THE INSTITUTION;
  H.  TO  OBTAIN  REASONABLE AND AVAILABLE INTERIM MEASURES AND ACCOMMO-
DATIONS THAT EFFECT A CHANGE IN ACADEMIC, HOUSING, EMPLOYMENT, TRANSPOR-
TATION OR OTHER APPLICABLE ARRANGEMENTS IN ORDER TO HELP ENSURE  SAFETY,
PREVENT RETALIATION AND AVOID AN ONGOING HOSTILE ENVIRONMENT, CONSISTENT
WITH  THE  INSTITUTION'S  POLICIES  AND  PROCEDURES. BOTH THE ACCUSED OR
RESPONDENT AND THE REPORTING INDIVIDUAL SHALL, UPON REQUEST AND CONSIST-
ENT WITH THE INSTITUTION'S POLICIES AND PROCEDURES, BE AFFORDED A PROMPT
REVIEW, REASONABLE UNDER THE CIRCUMSTANCES, OF THE NEED FOR AND TERMS OF
ANY SUCH INTERIM MEASURE AND ACCOMMODATION THAT DIRECTLY AFFECTS HIM  OR
HER,  AND  SHALL  BE ALLOWED TO SUBMIT EVIDENCE IN SUPPORT OF HIS OR HER
REQUEST.
  5. EVERY INSTITUTION SHALL ENSURE THAT EVERY STUDENT BE  AFFORDED  THE
FOLLOWING RIGHTS:
  A.  THE RIGHT TO REQUEST THAT STUDENT CONDUCT CHARGES BE FILED AGAINST
THE ACCUSED IN PROCEEDINGS GOVERNED BY THIS ARTICLE AND  THE  PROCEDURES
ESTABLISHED BY THE INSTITUTION'S RULES.
  B.    THE RIGHT TO A PROCESS IN ALL STUDENT JUDICIAL OR CONDUCT CASES,
WHERE A STUDENT IS ACCUSED OF SEXUAL ASSAULT, DOMESTIC VIOLENCE,  DATING
VIOLENCE,  STALKING,  OR  SEXUAL ACTIVITY THAT MAY OTHERWISE VIOLATE THE
INSTITUTION'S CODE OF CONDUCT, THAT INCLUDES, AT A MINIMUM:  (I)  NOTICE
TO  A RESPONDENT DESCRIBING THE DATE, TIME, LOCATION AND FACTUAL ALLEGA-
TIONS CONCERNING THE VIOLATION, A REFERENCE  TO  THE  SPECIFIC  CODE  OF
CONDUCT  PROVISIONS  ALLEGED  TO  HAVE BEEN VIOLATED, AND POSSIBLE SANC-
TIONS; (II) AN OPPORTUNITY TO OFFER EVIDENCE  DURING  AN  INVESTIGATION,
AND  TO  PRESENT EVIDENCE AND TESTIMONY AT A HEARING, WHERE APPROPRIATE,
AND HAVE ACCESS TO A FULL AND FAIR RECORD OF  ANY  SUCH  HEARING,  WHICH
SHALL  BE  PRESERVED  AND MAINTAINED FOR AT LEAST FIVE YEARS FROM SUCH A
HEARING AND MAY INCLUDE A TRANSCRIPT,  RECORDING  OR  OTHER  APPROPRIATE
RECORD;  AND  (III) ACCESS TO AT LEAST ONE LEVEL OF APPEAL OF A DETERMI-
NATION BEFORE A PANEL, WHICH MAY INCLUDE ONE OR MORE STUDENTS,  THAT  IS
FAIR  AND  IMPARTIAL AND DOES NOT INCLUDE INDIVIDUALS WITH A CONFLICT OF
INTEREST. IN ORDER TO EFFECTUATE AN APPEAL, A RESPONDENT  AND  REPORTING
INDIVIDUAL IN SUCH CASES SHALL RECEIVE WRITTEN NOTICE OF THE FINDINGS OF
FACT,  THE  DECISION  AND THE SANCTION, IF ANY, AS WELL AS THE RATIONALE
FOR THE DECISION AND SANCTION. IN SUCH CASES, ANY RIGHTS PROVIDED  TO  A
REPORTING  INDIVIDUAL MUST BE SIMILARLY PROVIDED TO A RESPONDENT AND ANY
RIGHTS PROVIDED TO A RESPONDENT MUST BE SIMILARLY PROVIDED TO A  REPORT-
ING INDIVIDUAL.
  C.  THROUGHOUT  PROCEEDINGS  INVOLVING  SUCH  AN  ACCUSATION OF SEXUAL
ASSAULT, DOMESTIC VIOLENCE, DATING VIOLENCE, STALKING, OR SEXUAL  ACTIV-
ITY  THAT  MAY  OTHERWISE VIOLATE THE INSTITUTION'S CODE OF CONDUCT, THE
RIGHT:
  I. FOR THE RESPONDENT, ACCUSED, AND REPORTING INDIVIDUAL TO BE  ACCOM-
PANIED  BY  AN  ADVISOR  OF CHOICE WHO MAY ASSIST AND ADVISE A REPORTING
INDIVIDUAL, ACCUSED, OR RESPONDENT THROUGHOUT THE  JUDICIAL  OR  CONDUCT
PROCESS INCLUDING DURING ALL MEETINGS AND HEARINGS RELATED TO SUCH PROC-
ESS. RULES FOR PARTICIPATION OF SUCH ADVISOR SHALL BE ESTABLISHED IN THE
CODE OF CONDUCT.
  II.  TO  A  PROMPT RESPONSE TO ANY COMPLAINT AND TO HAVE THE COMPLAINT
INVESTIGATED AND ADJUDICATED  IN  AN  IMPARTIAL,  TIMELY,  AND  THOROUGH
MANNER BY INDIVIDUALS WHO RECEIVE ANNUAL TRAINING IN CONDUCTING INVESTI-
GATIONS  OF  SEXUAL  VIOLENCE,  THE EFFECTS OF TRAUMA, IMPARTIALITY, THE
RIGHTS OF THE RESPONDENT, INCLUDING THE RIGHT TO A PRESUMPTION THAT  THE

A. 8244                             8

RESPONDENT  IS  "NOT  RESPONSIBLE"  UNTIL A FINDING OF RESPONSIBILITY IS
MADE PURSUANT TO THE PROVISIONS OF THIS ARTICLE  AND  THE  INSTITUTION'S
POLICIES  AND PROCEDURES, AND OTHER ISSUES INCLUDING, BUT NOT LIMITED TO
DOMESTIC VIOLENCE, DATING VIOLENCE, STALKING OR SEXUAL ASSAULT.
  III.  TO  AN  INVESTIGATION  AND  PROCESS  THAT IS FAIR, IMPARTIAL AND
PROVIDES A MEANINGFUL OPPORTUNITY TO BE HEARD, AND THAT IS NOT CONDUCTED
BY INDIVIDUALS WITH A CONFLICT OF INTEREST.
  IV. TO HAVE THE INSTITUTION'S JUDICIAL OR CONDUCT PROCESS RUN  CONCUR-
RENTLY  WITH A CRIMINAL JUSTICE INVESTIGATION AND PROCEEDING, EXCEPT FOR
TEMPORARY DELAYS AS REQUESTED BY EXTERNAL MUNICIPAL ENTITIES  WHILE  LAW
ENFORCEMENT GATHERS EVIDENCE. TEMPORARY DELAYS SHOULD NOT LAST MORE THAN
TEN DAYS EXCEPT WHEN LAW ENFORCEMENT SPECIFICALLY REQUESTS AND JUSTIFIES
A LONGER DELAY.
  V.  TO  REVIEW  AND  PRESENT  AVAILABLE  EVIDENCE IN THE CASE FILE, OR
OTHERWISE IN THE POSSESSION OR CONTROL OF THE INSTITUTION, AND  RELEVANT
TO  THE  CONDUCT  CASE,  CONSISTENT WITH INSTITUTION POLICIES AND PROCE-
DURES.
  VI. TO EXCLUDE THEIR OWN PRIOR SEXUAL HISTORY WITH PERSONS OTHER  THAN
THE  OTHER  PARTY IN THE JUDICIAL OR CONDUCT PROCESS OR THEIR OWN MENTAL
HEALTH DIAGNOSIS AND/OR TREATMENT FROM  ADMITTANCE  IN  THE  INSTITUTION
DISCIPLINARY  STAGE  THAT  DETERMINES  RESPONSIBILITY.  PAST FINDINGS OF
DOMESTIC VIOLENCE, DATING VIOLENCE, STALKING, OR SEXUAL ASSAULT  MAY  BE
ADMISSIBLE IN THE DISCIPLINARY STAGE THAT DETERMINES SANCTION.
  VII.  TO  RECEIVE  WRITTEN  OR  ELECTRONIC NOTICE, PROVIDED IN ADVANCE
PURSUANT TO THE COLLEGE OR UNIVERSITY POLICY AND  REASONABLE  UNDER  THE
CIRCUMSTANCES,  OF  ANY  MEETING THEY ARE REQUIRED TO OR ARE ELIGIBLE TO
ATTEND, OF THE SPECIFIC  RULE,  RULES  OR  LAWS  ALLEGED  TO  HAVE  BEEN
VIOLATED  AND  IN WHAT MANNER, AND THE SANCTION OR SANCTIONS THAT MAY BE
IMPOSED ON THE RESPONDENT BASED UPON THE  OUTCOME  OF  THE  JUDICIAL  OR
CONDUCT  PROCESS,  AT WHICH TIME THE DESIGNATED HEARING OR INVESTIGATORY
OFFICER OR PANEL SHALL PROVIDE A WRITTEN STATEMENT DETAILING THE FACTUAL
FINDINGS SUPPORTING THE DETERMINATION AND THE RATIONALE FOR THE SANCTION
IMPOSED.
  VIII. TO MAKE AN IMPACT STATEMENT DURING THE POINT OF  THE  PROCEEDING
WHERE THE DECISION MAKER IS DELIBERATING ON APPROPRIATE SANCTIONS.
  IX.  TO SIMULTANEOUS (AMONG THE PARTIES) WRITTEN OR ELECTRONIC NOTIFI-
CATION OF THE OUTCOME OF A JUDICIAL OR CONDUCT  PROCESS,  INCLUDING  THE
SANCTION OR SANCTIONS.
  X.  TO BE INFORMED OF THE SANCTION OR SANCTIONS THAT MAY BE IMPOSED ON
THE RESPONDENT BASED UPON THE OUTCOME OF THE JUDICIAL OR CONDUCT PROCESS
AND THE RATIONALE FOR THE ACTUAL SANCTION IMPOSED.
  XI. TO CHOOSE WHETHER TO DISCLOSE OR DISCUSS THE OUTCOME OF A  CONDUCT
OR JUDICIAL PROCESS.
  XII. TO HAVE ALL INFORMATION OBTAINED DURING THE COURSE OF THE CONDUCT
OR  JUDICIAL  PROCESS BE PROTECTED FROM PUBLIC RELEASE UNTIL THE APPEALS
PANEL MAKES A FINAL DETERMINATION UNLESS OTHERWISE REQUIRED BY LAW.
  6. FOR CRIMES OF  VIOLENCE,  INCLUDING,  BUT  NOT  LIMITED  TO  SEXUAL
VIOLENCE,  DEFINED AS CRIMES THAT MEET THE REPORTING REQUIREMENTS PURSU-
ANT   TO   THE   FEDERAL   CLERY   ACT   ESTABLISHED   IN   20    U.S.C.
1092(F)(1)(F)(I)(I)-(VIII),  INSTITUTIONS  SHALL  MAKE A NOTATION ON THE
TRANSCRIPT OF STUDENTS FOUND RESPONSIBLE AFTER A  CONDUCT  PROCESS  THAT
THEY  WERE  "SUSPENDED  AFTER  A FINDING OF RESPONSIBILITY FOR A CODE OF
CONDUCT VIOLATION" OR "EXPELLED AFTER A FINDING OF RESPONSIBILITY FOR  A
CODE  OF  CONDUCT  VIOLATION." FOR THE RESPONDENT WHO WITHDRAWS FROM THE
INSTITUTION WHILE SUCH CONDUCT CHARGES  ARE  PENDING,  AND  DECLINES  TO
COMPLETE THE DISCIPLINARY PROCESS, INSTITUTIONS SHALL MAKE A NOTATION ON

A. 8244                             9

THE TRANSCRIPT OF SUCH STUDENTS THAT THEY "WITHDREW WITH CONDUCT CHARGES
PENDING."   EACH  INSTITUTION  SHALL  PUBLISH  A  POLICY  ON  TRANSCRIPT
NOTATIONS AND APPEALS SEEKING REMOVAL OF A  TRANSCRIPT  NOTATION  FOR  A
SUSPENSION,  PROVIDED  THAT  SUCH NOTATION SHALL NOT BE REMOVED PRIOR TO
ONE YEAR AFTER CONCLUSION OF THE SUSPENSION, WHILE NOTATIONS FOR  EXPUL-
SION  SHALL  NOT BE REMOVED.   IF A FINDING OF RESPONSIBILITY IS VACATED
FOR ANY REASON, ANY SUCH TRANSCRIPT NOTATION SHALL BE REMOVED.
  7. INSTITUTIONS THAT LACK APPROPRIATE ON-CAMPUS RESOURCES OR  SERVICES
SHALL, TO THE EXTENT PRACTICABLE, ENTER INTO MEMORANDA OF UNDERSTANDING,
AGREEMENTS  OR  COLLABORATIVE PARTNERSHIPS WITH EXISTING COMMUNITY-BASED
ORGANIZATIONS, INCLUDING RAPE-CRISIS CENTERS AND DOMESTIC VIOLENCE SHEL-
TERS AND ASSISTANCE ORGANIZATIONS, TO REFER STUDENTS FOR  ASSISTANCE  OR
MAKE  SERVICES  AVAILABLE  TO  STUDENTS,  INCLUDING  COUNSELING, HEALTH,
MENTAL HEALTH, VICTIM ADVOCACY, AND LEGAL  ASSISTANCE,  WHICH  MAY  ALSO
INCLUDE RESOURCES AND SERVICES FOR THE RESPONDENT.
  8. INSTITUTIONS SHALL, TO THE EXTENT PRACTICABLE, ENSURE THAT STUDENTS
HAVE  ACCESS  TO  A SEXUAL ASSAULT FORENSIC EXAMINATION BY EMPLOYING THE
USE OF A SEXUAL ASSAULT NURSE EXAMINER IN THEIR CAMPUS HEALTH CENTER  OR
ENTERING INTO MEMORANDA OF UNDERSTANDING OR AGREEMENTS WITH AT LEAST ONE
LOCAL HEALTH CARE FACILITY TO PROVIDE SUCH A SERVICE.
  9.  NOTHING  IN THIS ARTICLE SHALL BE DEEMED TO DIMINISH THE RIGHTS OF
ANY MEMBER OF THE INSTITUTION'S COMMUNITY UNDER ANY  APPLICABLE  COLLEC-
TIVE BARGAINING AGREEMENT.
  S  6445.  CAMPUS  CLIMATE  ASSESSMENTS.  1.  EVERY  INSTITUTION  SHALL
CONDUCT, NO LESS THAN EVERY OTHER YEAR, A CAMPUS CLIMATE  ASSESSMENT  TO
ASCERTAIN  GENERAL  AWARENESS  AND  KNOWLEDGE  OF THE PROVISIONS OF THIS
ARTICLE, INCLUDING STUDENT EXPERIENCE WITH AND  KNOWLEDGE  OF  REPORTING
AND COLLEGE ADJUDICATORY PROCESSES, WHICH SHALL BE DEVELOPED USING STAN-
DARD AND COMMONLY RECOGNIZED RESEARCH METHODS.
  2. THE ASSESSMENT SHALL INCLUDE QUESTIONS COVERING, BUT NOT BE LIMITED
TO, THE FOLLOWING:
  A. THE TITLE IX COORDINATOR'S ROLE;
  B. CAMPUS POLICIES AND PROCEDURES ADDRESSING SEXUAL ASSAULT;
  C.  HOW AND WHERE TO REPORT DOMESTIC VIOLENCE, DATING VIOLENCE, STALK-
ING OR SEXUAL ASSAULT AS A VICTIM, SURVIVOR OR WITNESS;
  D. THE AVAILABILITY OF RESOURCES ON AND  OFF  CAMPUS,  SUCH  AS  COUN-
SELING, HEALTH AND ACADEMIC ASSISTANCE;
  E.  THE  PREVALENCE  OF  VICTIMIZATION  AND  PERPETRATION  OF DOMESTIC
VIOLENCE, DATING VIOLENCE, STALKING, OR SEXUAL ASSAULT ON AND OFF CAMPUS
DURING A SET TIME PERIOD;
  F. BYSTANDER ATTITUDES AND BEHAVIOR;
  G. WHETHER REPORTING INDIVIDUALS DISCLOSED TO THE  INSTITUTION  AND/OR
LAW  ENFORCEMENT,  EXPERIENCES WITH REPORTING AND INSTITUTION PROCESSES,
AND REASONS WHY THEY DID OR DID NOT REPORT;
  H. THE GENERAL AWARENESS OF THE DIFFERENCE, IF ANY, BETWEEN THE INSTI-
TUTION'S POLICIES AND THE PENAL LAW; AND
  I. GENERAL AWARENESS OF THE DEFINITION OF AFFIRMATIVE CONSENT.
  3. EVERY INSTITUTION SHALL TAKE STEPS TO ENSURE THAT ANSWERS  TO  SUCH
ASSESSMENTS  REMAIN  ANONYMOUS  AND  THAT  NO  INDIVIDUAL IS IDENTIFIED.
INSTITUTIONS SHALL PUBLISH RESULTS  OF  THE  SURVEYS  ON  THEIR  WEBSITE
PROVIDED  THAT  NO  PERSONALLY  IDENTIFIABLE  INFORMATION OR INFORMATION
WHICH CAN REASONABLY LEAD A READER TO IDENTIFY AN  INDIVIDUAL  SHALL  BE
SHARED.
  4.  INFORMATION  DISCOVERED  OR PRODUCED AS A RESULT OF COMPLYING WITH
THIS SECTION SHALL NOT BE SUBJECT TO DISCOVERY OR ADMITTED INTO EVIDENCE
IN ANY FEDERAL  OR  STATE  COURT  PROCEEDING  OR  CONSIDERED  FOR  OTHER

A. 8244                            10

PURPOSES IN ANY ACTION FOR DAMAGES BROUGHT BY A PRIVATE PARTY AGAINST AN
INSTITUTION,  UNLESS,  IN THE DISCRETION OF THE COURT, ANY SUCH INFORMA-
TION IS DEEMED TO BE MATERIAL TO THE UNDERLYING CLAIM OR DEFENSE.
  S  6446.  OPTIONS  FOR  CONFIDENTIAL DISCLOSURE. 1. IN ACCORDANCE WITH
THIS ARTICLE, EVERY INSTITUTION SHALL ENSURE THAT REPORTING  INDIVIDUALS
HAVE THE FOLLOWING:
  A.  INFORMATION  REGARDING  PRIVILEGED AND CONFIDENTIAL RESOURCES THEY
MAY CONTACT REGARDING DOMESTIC VIOLENCE, DATING  VIOLENCE,  STALKING  OR
SEXUAL ASSAULT;
  B. INFORMATION ABOUT COUNSELORS AND ADVOCATES THEY MAY CONTACT REGARD-
ING DOMESTIC VIOLENCE, DATING VIOLENCE, STALKING, OR SEXUAL ASSAULT;
  C.  A  PLAIN LANGUAGE EXPLANATION OF CONFIDENTIALITY WHICH SHALL, AT A
MINIMUM, INCLUDE THE FOLLOWING PROVISION:  "EVEN  {INSTITUTION}  OFFICES
AND  EMPLOYEES  WHO  CANNOT GUARANTEE CONFIDENTIALITY WILL MAINTAIN YOUR
PRIVACY TO THE GREATEST EXTENT POSSIBLE. THE INFORMATION YOU PROVIDE  TO
A  NON-CONFIDENTIAL  RESOURCE  WILL BE RELAYED ONLY AS NECESSARY FOR THE
TITLE IX COORDINATOR TO INVESTIGATE AND/OR SEEK A RESOLUTION.";
  D. INFORMATION ABOUT HOW THE INSTITUTION SHALL  WEIGH  A  REQUEST  FOR
CONFIDENTIALITY  AND  RESPOND TO SUCH A REQUEST. SUCH INFORMATION SHALL,
AT A MINIMUM, INCLUDE THAT IF A REPORTING INDIVIDUAL DISCLOSES AN  INCI-
DENT  TO AN INSTITUTION EMPLOYEE WHO IS RESPONSIBLE FOR RESPONDING TO OR
REPORTING  DOMESTIC  VIOLENCE,  DATING  VIOLENCE,  STALKING,  OR  SEXUAL
ASSAULT  BUT  WISHES  TO MAINTAIN CONFIDENTIALITY OR DOES NOT CONSENT TO
THE INSTITUTION'S REQUEST TO INITIATE AN  INVESTIGATION,  THE  TITLE  IX
COORDINATOR  MUST WEIGH THE REQUEST AGAINST THE INSTITUTION'S OBLIGATION
TO PROVIDE A SAFE, NON-DISCRIMINATORY ENVIRONMENT FOR ALL MEMBERS OF ITS
COMMUNITY. THE INSTITUTION SHALL ASSIST WITH ACADEMIC,  HOUSING,  TRANS-
PORTATION, EMPLOYMENT, AND OTHER REASONABLE AND AVAILABLE ACCOMMODATIONS
REGARDLESS OF REPORTING CHOICES;
  E.  INFORMATION  ABOUT PUBLIC AWARENESS AND ADVOCACY EVENTS, INCLUDING
GUARANTEES THAT IF AN INDIVIDUAL DISCLOSES INFORMATION THROUGH A  PUBLIC
AWARENESS  EVENT  SUCH  AS CANDLELIGHT VIGILS, PROTESTS, OR OTHER PUBLIC
EVENT, THE INSTITUTION IS NOT OBLIGATED TO BEGIN AN INVESTIGATION  BASED
ON SUCH INFORMATION. THE INSTITUTION MAY USE THE INFORMATION PROVIDED AT
SUCH  AN  EVENT  TO  INFORM  ITS  EFFORTS  FOR  ADDITIONAL EDUCATION AND
PREVENTION EFFORTS;
  F. INFORMATION ABOUT EXISTING AND  AVAILABLE  METHODS  TO  ANONYMOUSLY
DISCLOSE INCLUDING, BUT NOT LIMITED TO INFORMATION ON RELEVANT CONFIDEN-
TIAL  HOTLINES  PROVIDED  BY  NEW YORK STATE AGENCIES AND NOT-FOR-PROFIT
ENTITIES;
  G. INFORMATION REGARDING INSTITUTIONAL CRIME REPORTING INCLUDING,  BUT
NOT  LIMITED  TO:    REPORTS  OF  CERTAIN  CRIMES  OCCURRING IN SPECIFIC
GEOGRAPHIC LOCATIONS THAT SHALL BE INCLUDED IN THE INSTITUTION'S  ANNUAL
SECURITY  REPORT  PURSUANT  TO  THE  CLERY ACT, 20 U.S.C. 1092(F), IN AN
ANONYMIZED MANNER THAT IDENTIFIES NEITHER THE SPECIFICS OF THE CRIME NOR
THE IDENTITY OF THE REPORTING INDIVIDUAL; THAT THE INSTITUTION IS  OBLI-
GATED  TO  ISSUE  TIMELY  WARNINGS OF CRIMES ENUMERATED IN THE CLERY ACT
OCCURRING WITHIN RELEVANT GEOGRAPHY THAT REPRESENT A SERIOUS OR CONTINU-
ING THREAT TO STUDENTS AND  EMPLOYEES,  EXCEPT  IN  THOSE  CIRCUMSTANCES
WHERE  ISSUING  SUCH  A  WARNING  MAY COMPROMISE CURRENT LAW ENFORCEMENT
EFFORTS OR WHEN  THE  WARNING  ITSELF  COULD  POTENTIALLY  IDENTIFY  THE
REPORTING  INDIVIDUAL;  THAT A REPORTING INDIVIDUAL SHALL NOT BE IDENTI-
FIED IN A TIMELY WARNING; THAT THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY
ACT, 20 U.S.C. 1232G, ALLOWS  INSTITUTIONS  TO  SHARE  INFORMATION  WITH
PARENTS  WHEN I. THERE IS A HEALTH OR SAFETY EMERGENCY, OR II.  WHEN THE
STUDENT IS A DEPENDENT ON EITHER PARENT'S PRIOR YEAR FEDERAL INCOME  TAX

A. 8244                            11

RETURN;  AND THAT GENERALLY, THE INSTITUTION SHALL NOT SHARE INFORMATION
ABOUT A REPORT OF DOMESTIC VIOLENCE, DATING VIOLENCE, STALKING, OR SEXU-
AL ASSAULT WITH PARENTS WITHOUT THE PERMISSION OF THE REPORTING INDIVID-
UAL.
  2.  THE  INSTITUTION  MAY  TAKE  PROACTIVE  STEPS, SUCH AS TRAINING OR
AWARENESS EFFORTS, TO COMBAT DOMESTIC VIOLENCE, DATING VIOLENCE,  STALK-
ING  OR SEXUAL ASSAULT IN A GENERAL WAY THAT DOES NOT IDENTIFY THOSE WHO
DISCLOSE OR THE INFORMATION DISCLOSED.
  3. IF THE INSTITUTION DETERMINES THAT AN INVESTIGATION IS REQUIRED, IT
SHALL NOTIFY THE REPORTING INDIVIDUALS  AND  TAKE  IMMEDIATE  ACTION  AS
NECESSARY TO PROTECT AND ASSIST THEM.
  4.  THE  INSTITUTION  SHOULD  SEEK  CONSENT FROM REPORTING INDIVIDUALS
PRIOR TO CONDUCTING AN INVESTIGATION. DECLINING TO CONSENT TO AN  INVES-
TIGATION  SHALL  BE  HONORED  UNLESS  THE INSTITUTION DETERMINES IN GOOD
FAITH THAT FAILURE TO INVESTIGATE DOES NOT ADEQUATELY MITIGATE A  POTEN-
TIAL  RISK  OF  HARM TO THE REPORTING INDIVIDUAL OR OTHER MEMBERS OF THE
COMMUNITY.  HONORING SUCH A REQUEST MAY LIMIT THE INSTITUTION'S  ABILITY
TO MEANINGFULLY INVESTIGATE AND PURSUE CONDUCT ACTION AGAINST AN ACCUSED
INDIVIDUAL.  FACTORS  USED  TO DETERMINE WHETHER TO HONOR SUCH A REQUEST
INCLUDE, BUT ARE NOT LIMITED TO:
  A. WHETHER THE ACCUSED HAS A HISTORY  OF  VIOLENT  BEHAVIOR  OR  IS  A
REPEAT OFFENDER;
  B.  WHETHER  THE INCIDENT REPRESENTS ESCALATION IN UNLAWFUL CONDUCT ON
BEHALF OF THE ACCUSED FROM PREVIOUSLY NOTED BEHAVIOR;
  C. THE INCREASED RISK THAT THE ACCUSED WILL COMMIT ADDITIONAL ACTS  OF
VIOLENCE;
  D. WHETHER THE ACCUSED USED A WEAPON OR FORCE;
  E. WHETHER THE REPORTING INDIVIDUAL IS A MINOR; AND
  F.  WHETHER  THE  INSTITUTION POSSESSES OTHER MEANS TO OBTAIN EVIDENCE
SUCH AS SECURITY FOOTAGE, AND WHETHER AVAILABLE  INFORMATION  REVEALS  A
PATTERN OF PERPETRATION AT A GIVEN LOCATION OR BY A PARTICULAR GROUP.
  S 6447. STUDENT ONBOARDING AND ONGOING EDUCATION. 1. EVERY INSTITUTION
SHALL  ADOPT  A  COMPREHENSIVE  STUDENT ONBOARDING AND ONGOING EDUCATION
CAMPAIGN TO EDUCATE MEMBERS OF THE INSTITUTION'S COMMUNITY ABOUT  DOMES-
TIC  VIOLENCE, DATING VIOLENCE, STALKING, AND SEXUAL ASSAULT, IN COMPLI-
ANCE WITH APPLICABLE FEDERAL LAWS, INCLUDING THE CLERY ACT AS AMENDED BY
THE VIOLENCE AGAINST  WOMEN  ACT  REAUTHORIZATION  OF  2013,  20  U.S.C.
1092(F).
  2.  INCLUDED  IN  THIS  CAMPAIGN  SHALL  BE A REQUIREMENT THAT ALL NEW
FIRST-YEAR AND TRANSFER STUDENTS  SHALL,  DURING  THE  COURSE  OF  THEIR
ONBOARDING  TO  THEIR  RESPECTIVE  INSTITUTION,  RECEIVE TRAINING ON THE
FOLLOWING TOPICS, USING A METHOD AND MANNER APPROPRIATE TO THE  INSTITU-
TIONAL CULTURE OF EACH INSTITUTION:
  A.  THE  INSTITUTION  PROHIBITS  SEXUAL AND INTERPERSONAL VIOLENCE AND
WILL OFFER RESOURCES TO ANY VICTIMS AND SURVIVORS OF SUCH VIOLENCE WHILE
TAKING ADMINISTRATIVE AND CONDUCT ACTION REGARDING ANY ACCUSED  INDIVID-
UAL WITHIN THE JURISDICTION OF THE INSTITUTION;
  B. RELEVANT DEFINITIONS INCLUDING, BUT NOT LIMITED TO, THE DEFINITIONS
OF  SEXUAL ASSAULT, DOMESTIC VIOLENCE, DATING VIOLENCE, STALKING, CONFI-
DENTIALITY, PRIVACY, AND CONSENT;
  C. POLICIES APPLY EQUALLY TO ALL STUDENTS REGARDLESS OF SEXUAL  ORIEN-
TATION, GENDER IDENTITY, OR GENDER EXPRESSION;
  D.  THE  ROLE OF THE TITLE IX COORDINATOR, UNIVERSITY POLICE OR CAMPUS
SECURITY, AND OTHER RELEVANT OFFICES  THAT  ADDRESS  DOMESTIC  VIOLENCE,
DATING VIOLENCE, STALKING, AND SEXUAL ASSAULT PREVENTION AND RESPONSE;

A. 8244                            12

  E.  AWARENESS  OF  VIOLENCE,  ITS  IMPACT ON VICTIMS AND SURVIVORS AND
THEIR FRIENDS AND FAMILY, AND ITS LONG-TERM IMPACT;
  F.  BYSTANDER  INTERVENTION  AND  THE  IMPORTANCE  OF TAKING ACTION TO
PREVENT VIOLENCE WHEN ONE CAN SAFELY DO SO;
  G. RISK ASSESSMENT AND REDUCTION INCLUDING, BUT NOT LIMITED TO,  STEPS
THAT  POTENTIAL  VICTIMS, PERPETRATORS, AND BYSTANDERS CAN TAKE TO LOWER
THE INCIDENCE OF VIOLATIONS, WHICH MAY  CONTAIN  INFORMATION  ABOUT  THE
DANGERS  OF  DRUG AND ALCOHOL USE, INCLUDING UNDERAGE DRINKING AND BINGE
DRINKING, INVOLUNTARY CONSUMPTION OF INCAPACITATING DRUGS AND THE DANGER
OF MISLABELED DRUGS AND ALCOHOL, THE IMPORTANCE  OF  COMMUNICATION  WITH
TRUSTED  FRIENDS  AND  FAMILY  WHETHER  ON CAMPUS OR OFF CAMPUS, AND THE
AVAILABILITY OF INSTITUTION OFFICIALS WHO CAN ANSWER GENERAL OR SPECIFIC
QUESTIONS ABOUT RISK REDUCTION; AND
  H. CONSEQUENCES AND SANCTIONS FOR INDIVIDUALS WHO COMMIT THESE  CRIMES
AND CODE OF CONDUCT VIOLATIONS.
  3.  EVERY INSTITUTION SHALL TRAIN ALL NEW STUDENTS, WHETHER FIRST-YEAR
OR TRANSFER, UNDERGRADUATE, GRADUATE, OR PROFESSIONAL.
  4. EVERY INSTITUTION SHALL USE MULTIPLE METHODS  TO  EDUCATE  STUDENTS
ABOUT  VIOLENCE  PREVENTION  AND  SHALL  SHARE  INFORMATION  ON DOMESTIC
VIOLENCE, DATING VIOLENCE, STALKING AND SEXUAL ASSAULT  PREVENTION  WITH
PARENTS OF ENROLLING STUDENTS.
  5.  EVERY INSTITUTION SHALL OFFER TO ALL STUDENTS GENERAL AND SPECIFIC
TRAINING IN DOMESTIC VIOLENCE,  DATING  VIOLENCE,  STALKING  AND  SEXUAL
ASSAULT  PREVENTION  AND SHALL CONDUCT A CAMPAIGN THAT COMPLIES WITH THE
VIOLENCE AGAINST WOMEN ACT, 20 U.S.C. 1092(F), TO  EDUCATE  THE  STUDENT
POPULATION.  THEY  SHALL,  AS  APPROPRIATE,  PROVIDE  OR EXPAND SPECIFIC
TRAINING TO INCLUDE GROUPS SUCH AS INTERNATIONAL STUDENTS, STUDENTS THAT
ARE ALSO EMPLOYEES, LEADERS AND OFFICERS  OF  REGISTERED  OR  RECOGNIZED
STUDENT  ORGANIZATIONS, AND ONLINE AND DISTANCE EDUCATION STUDENTS. THEY
SHALL ALSO PROVIDE SPECIFIC TRAINING  TO  MEMBERS  OF  GROUPS  THAT  THE
INSTITUTION IDENTIFIES AS HIGH-RISK POPULATIONS.
  6.  EVERY INSTITUTION SHALL REQUIRE THAT EACH STUDENT LEADER AND OFFI-
CER OF STUDENT ORGANIZATIONS RECOGNIZED BY OR REGISTERED WITH THE INSTI-
TUTION, AS  WELL  AS  THOSE  SEEKING  RECOGNITION  BY  THE  INSTITUTION,
COMPLETE  TRAINING  ON  DOMESTIC VIOLENCE, DATING VIOLENCE, STALKING, OR
SEXUAL ASSAULT PREVENTION PRIOR TO RECEIVING  RECOGNITION  OR  REGISTRA-
TION,  AND  EACH  INSTITUTION  SHALL  REQUIRE  THAT EACH STUDENT-ATHLETE
COMPLETE TRAINING ON DOMESTIC VIOLENCE, DATING  VIOLENCE,  STALKING,  OR
SEXUAL  ASSAULT  PREVENTION  PRIOR  TO  PARTICIPATING IN INTERCOLLEGIATE
ATHLETIC COMPETITION.
  7. EVERY INSTITUTION  MUST  REGULARLY  ASSESS  PROGRAMS  AND  POLICIES
ESTABLISHED  PURSUANT  TO  THIS  ARTICLE  TO DETERMINE EFFECTIVENESS AND
RELEVANCE FOR STUDENTS.
  S 6448. PRIVACY IN LEGAL CHALLENGES.  PURSUANT TO SUBDIVISION  (I)  OF
RULE  THREE THOUSAND SIXTEEN OF THE CIVIL PRACTICE LAW AND RULES, IN ANY
PROCEEDING BROUGHT AGAINST AN INSTITUTION WHICH SEEKS TO VACATE OR MODI-
FY A FINDING THAT A STUDENT WAS  RESPONSIBLE  FOR  VIOLATING  AN  INSTI-
TUTION'S  RULES  REGARDING A VIOLATION COVERED BY THIS ARTICLE, THE NAME
AND  IDENTIFYING  BIOGRAPHICAL  INFORMATION  OF  ANY  STUDENT  SHALL  BE
PRESUMPTIVELY  CONFIDENTIAL  AND  SHALL NOT BE INCLUDED IN THE PLEADINGS
AND OTHER PAPERS FROM SUCH PROCEEDING ABSENT A WAIVER OR CAUSE SHOWN  AS
DETERMINED  BY  THE  COURT.   SUCH WITNESSES SHALL BE IDENTIFIED ONLY AS
NUMBERED WITNESSES. IF SUCH A NAME OR IDENTIFYING BIOGRAPHICAL  INFORMA-
TION  APPEARS  IN  A  PLEADING  OR PAPER FILED IN SUCH A PROCEEDING, THE
COURT, ABSENT SUCH A WAIVER OR CAUSE SHOWN, SHALL DIRECT  THE  CLERK  OF

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THE  COURT  TO REDACT SUCH NAME AND IDENTIFYING BIOGRAPHICAL INFORMATION
AND SO ADVISE THE PARTIES.
  S  6449.  REPORTING  AGGREGATE DATA TO THE DEPARTMENT. 1. INSTITUTIONS
SHALL ANNUALLY REPORT TO THE DEPARTMENT THE FOLLOWING INFORMATION  ABOUT
REPORTS  OF  DOMESTIC  VIOLENCE,  DATING  VIOLENCE,  STALKING AND SEXUAL
ASSAULT:
  A. THE NUMBER OF SUCH INCIDENTS THAT WERE REPORTED  TO  THE  TITLE  IX
COORDINATOR.
  B.  OF  THOSE INCIDENTS IN PARAGRAPH A OF THIS SUBDIVISION, THE NUMBER
OF REPORTING  INDIVIDUALS  WHO  SOUGHT  THE  INSTITUTION'S  JUDICIAL  OR
CONDUCT PROCESS.
  C.  OF THOSE REPORTING INDIVIDUALS IN PARAGRAPH B OF THIS SUBDIVISION,
THE NUMBER OF CASES PROCESSED  THROUGH  THE  INSTITUTION'S  JUDICIAL  OR
CONDUCT PROCESS.
  D.  OF  THOSE  CASES IN PARAGRAPH C OF THIS SUBDIVISION, THE NUMBER OF
RESPONDENTS WHO WERE FOUND RESPONSIBLE THROUGH THE  INSTITUTION'S  JUDI-
CIAL OR CONDUCT PROCESS.
  E.  OF  THOSE  CASES IN PARAGRAPH C OF THIS SUBDIVISION, THE NUMBER OF
RESPONDENTS WHO WERE FOUND NOT  RESPONSIBLE  THROUGH  THE  INSTITUTION'S
JUDICIAL OR CONDUCT PROCESS.
  F. A DESCRIPTION OF THE FINAL SANCTIONS IMPOSED BY THE INSTITUTION FOR
EACH  INCIDENT FOR WHICH A RESPONDENT WAS FOUND RESPONSIBLE, AS PROVIDED
IN PARAGRAPH D OF THIS SUBDIVISION, THROUGH THE  INSTITUTION'S  JUDICIAL
OR CONDUCT PROCESS.
  G.  THE NUMBER OF CASES IN THE INSTITUTION'S JUDICIAL OR CONDUCT PROC-
ESS THAT WERE CLOSED PRIOR TO A FINAL DETERMINATION AFTER THE RESPONDENT
WITHDREW FROM THE INSTITUTION AND DECLINED TO COMPLETE THE  DISCIPLINARY
PROCESS.
  H.  THE NUMBER OF CASES IN THE INSTITUTION'S JUDICIAL OR CONDUCT PROC-
ESS THAT WERE CLOSED BECAUSE THE COMPLAINT WAS WITHDRAWN BY THE  REPORT-
ING INDIVIDUAL PRIOR TO A FINAL DETERMINATION.
  2.  THE DEPARTMENT SHALL CREATE A REPORTING MECHANISM FOR INSTITUTIONS
TO EFFICIENTLY AND UNIFORMLY PROVIDE THE INFORMATION OUTLINED IN  SUBDI-
VISION ONE OF THIS SECTION.
  3.  THE  DEPARTMENT SHALL NOT RELEASE THE INFORMATION, AS PROVIDED FOR
IN THIS SECTION, IF IT WOULD COMPROMISE THE CONFIDENTIALITY OF REPORTING
INDIVIDUALS OR ANY OTHER PARTY IN THE BEST JUDGMENT OF THE DEPARTMENT.
  4. WITHIN ONE YEAR OF THE EFFECTIVE DATE OF THIS ARTICLE, THE  DEPART-
MENT  SHALL  ISSUE REGULATIONS IN CONSULTATION WITH REPRESENTATIVES FROM
THE STATE UNIVERSITY OF NEW YORK,  CITY  UNIVERSITY  OF  NEW  YORK,  AND
PRIVATE  AND INDEPENDENT COLLEGES AND UNIVERSITIES, AND WITHIN TWO YEARS
OF THE EFFECTIVE DATE OF THIS  ARTICLE  THE  DEPARTMENT  SHALL  ISSUE  A
REPORT  TO  THE  GOVERNOR,  THE  TEMPORARY  PRESIDENT OF THE SENATE, THE
SPEAKER OF THE ASSEMBLY AND THE CHAIRS OF THE HIGHER  EDUCATION  COMMIT-
TEES  IN  EACH  HOUSE  REGARDING  THE  DATA  COLLECTED  PURSUANT TO THIS
SECTION.
  S 2. Rule 3016 of the civil practice  law  and  rules  is  amended  by
adding a new subdivision (i) to read as follows:
  (I)  PRIVACY OF NAME IN CERTAIN LEGAL CHALLENGES TO COLLEGE/UNIVERSITY
DISCIPLINARY FINDINGS. IN ANY PROCEEDING BROUGHT AGAINST  A  COLLEGE  OR
UNIVERSITY  THAT  IS CHARTERED BY THE REGENTS OR INCORPORATED BY SPECIAL
ACT OF THE LEGISLATURE, WHICH PROCEEDING SEEKS TO  VACATE  OR  MODIFY  A
FINDING  THAT  A  STUDENT  WAS RESPONSIBLE FOR A VIOLATION OF COLLEGE OR
UNIVERSITY RULES REGARDING A VIOLATION COVERED BY  ARTICLE  ONE  HUNDRED
TWENTY-NINE-B  OF  THE EDUCATION LAW, THE NAME AND IDENTIFYING BIOGRAPH-
ICAL INFORMATION OF ANY STUDENT SHALL BE PRESUMPTIVELY CONFIDENTIAL  AND

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SHALL  NOT  BE  INCLUDED  IN  THE  PLEADINGS  AND OTHER PAPERS FROM SUCH
PROCEEDING ABSENT A WAIVER OR CAUSE SHOWN AS DETERMINED  BY  THE  COURT.
SUCH WITNESSES SHALL BE IDENTIFIED ONLY AS NUMBERED WITNESSES. IF SUCH A
NAME  OR  IDENTIFYING  BIOGRAPHICAL INFORMATION APPEARS IN A PLEADING OR
PAPER FILED IN SUCH A PROCEEDING, THE COURT, ABSENT  SUCH  A  WAIVER  OR
CAUSE SHOWN, SHALL DIRECT THE CLERK OF THE COURT TO REDACT SUCH NAME AND
IDENTIFYING BIOGRAPHICAL INFORMATION AND SO ADVISE THE PARTIES.
  S  3. The executive law is amended by adding a new section 232 to read
as follows:
  S 232. SEXUAL ASSAULT VICTIMS UNIT. THERE IS HEREBY ESTABLISHED WITHIN
THE DIVISION OF STATE POLICE THE  SEXUAL  ASSAULT  VICTIMS  UNIT,  WHICH
SHALL  BE  A  SPECIALIZED UNIT HAVING ADVANCED TRAINING IN RESPONDING TO
SEXUAL ASSAULTS, INCLUDING CAMPUS SEXUAL ASSAULTS, AND  RELATED  CRIMES.
THE  SEXUAL  ASSAULT VICTIMS UNIT SHALL PERFORM SUCH TASKS AS DETERMINED
BY THE SUPERINTENDENT, WHICH SHALL INCLUDE BUT NOT BE LIMITED TO PROVID-
ING ASSISTANCE, INCLUDING FORENSIC SUPPORT SERVICES, TO CAMPUS POLICE OR
LOCAL POLICE OR SHERIFF'S DEPARTMENTS, AND PROVIDING TRAINING TO COLLEGE
CAMPUS COMMUNITIES.
  S  4.  The  sum  of  four  million  five  hundred   thousand   dollars
($4,500,000)  is hereby appropriated to the division of state police out
of any moneys in the state treasury in the general fund to the credit of
the state purposes account, not otherwise appropriated, and  made  imme-
diately  available,  for  the  purpose of carrying out the provisions of
section 232 of the executive law as added by section three of this  act.
Such moneys shall be payable on the audit and warrant of the comptroller
on  vouchers  certified  or  approved  by  the director of the budget as
submitted by the superintendent of state police in the manner prescribed
by law.
  S  5.  The  sum  of  four  million  five  hundred   thousand   dollars
($4,500,000)  is  hereby appropriated to miscellaneous aid to localities
out of any moneys in the state treasury in the general fund to the cred-
it of the local assistance account, not otherwise appropriated, and made
immediately available, for services and expenses of rape crisis centers,
including but not limited to prevention, education and  victim  services
on college campuses in the state. Notwithstanding any law to the contra-
ry,  the  office  of  victim services and the department of health shall
administer the program and allocate funds pursuant to a plan approved by
the director of the budget. Such allocation methodology shall  be  based
in  part  on  the  following  factors:  certification  status, number of
programs, and regional  diversity.  Funds  hereby  appropriated  may  be
transferred  or  suballocated  to  any state department or agency.  Such
moneys shall be payable on the audit and warrant of the  comptroller  on
vouchers  certified  or  approved  by  the director of the budget in the
manner prescribed by law.
  S 6. The sum of one million dollars ($1,000,000) is  hereby  appropri-
ated  to  miscellaneous aid to localities out of any moneys in the state
treasury in the general fund to  the  credit  of  the  local  assistance
account, not otherwise appropriated, and made immediately available, for
services  and  expenses  of  college  campuses  for  training  and other
expenses related to implementation of article  129-b  of  the  education
law, pursuant to a plan administered and approved by the director of the
budget.  Funds hereby appropriated may be transferred or suballocated to
any state department or agency. Such moneys  shall  be  payable  on  the
audit  and  warrant of the comptroller on vouchers certified or approved
by the director of the budget in the manner prescribed by law.

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  S 7. This act shall take effect immediately;  provided  that  sections
one,  two  and  three of this act shall take effect on the ninetieth day
after it shall have become a law, provided, however, that sections  6445
and  6449 of article 129-B of the education law, as added by section one
of this act, shall take effect one year after it shall have become law.