S. 5965 2
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
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-
S. 5965 3
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.
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
S. 5965 4
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
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
S. 5965 5
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-
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
S. 5965 6
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
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;
S. 5965 7
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
RESPONDENT IS "NOT RESPONSIBLE" UNTIL A FINDING OF RESPONSIBILITY IS
MADE PURSUANT TO THE PROVISIONS OF THIS ARTICLE AND THE INSTITUTION'S
S. 5965 8
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
THE TRANSCRIPT OF SUCH STUDENTS THAT THEY "WITHDREW WITH CONDUCT CHARGES
PENDING." EACH INSTITUTION SHALL PUBLISH A POLICY ON TRANSCRIPT
S. 5965 9
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
PURPOSES IN ANY ACTION FOR DAMAGES BROUGHT BY A PRIVATE PARTY AGAINST AN
S. 5965 10
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
RETURN; AND THAT GENERALLY, THE INSTITUTION SHALL NOT SHARE INFORMATION
S. 5965 11
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;
E. AWARENESS OF VIOLENCE, ITS IMPACT ON VICTIMS AND SURVIVORS AND
THEIR FRIENDS AND FAMILY, AND ITS LONG-TERM IMPACT;
S. 5965 12
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
THE COURT TO REDACT SUCH NAME AND IDENTIFYING BIOGRAPHICAL INFORMATION
AND SO ADVISE THE PARTIES.
S. 5965 13
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
SHALL NOT BE INCLUDED IN THE PLEADINGS AND OTHER PAPERS FROM SUCH
PROCEEDING ABSENT A WAIVER OR CAUSE SHOWN AS DETERMINED BY THE COURT.
S. 5965 14
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.
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
S. 5965 15
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.
