BILL NUMBER:  S5462A

 TITLE OF BILL :

An act to amend the education law, in relation to directing the board
of trustees of the state university to include, on every application
for admission to a state-operated institution, a question on whether
the applicant has been convicted of any violent felony sex offense or
multiple counts of sexual misconduct

 PURPOSE OR GENERAL IDEA OF BILL :

Directs the Board of Trustees of the State University to require
applicants to state-operated institutions to state whether they have
been convicted of a violent felony sex offense, or multiple offenses
of sexual misconduct.

 SUMMARY OF SPECIFIC PROVISIONS :

Section 1 of the bill amends Section 355 of the Education Law by
adding a new subdivision 17-a. Subdivision 17-a requires the Board of
Trustees of the State University to adopt rules providing that each
application for admission to a state-operated institution shall
require the applicant to state whether he or she has ever been
convicted of a violent felony sex offense, as defined in subdivision
one of Section 70.80 of the Penal Law, in New York or of an offense in
              

any other jurisdiction in the United States. The bill also requires
the reporting of more than one conviction of sexual misconduct as
defined in penal law section 130.20.

If an applicant has been convicted of such offense or offenses, he or
she shall identify the violent felony sex or multiple sexual
misconduct offense or offenses of which he or she was convicted, the
date or dates of such conviction or convictions, and the court or
courts in which such conviction or convictions were rendered.

 JUSTIFICATION :

In September, 2016, the Board of Trustees of the State University of
New York (SUNY) approved a change, to take effect on July 1, 2017,
eliminating the question on applications about whether a student has
ever been convicted of a felony. Prospective students will instead "be
asked to declare a prior felony conviction post-admission and only
when they seek campus housing or participation in clinical or field
experiences, internships, or study abroad programs." According to SUNY
administration, it will not conduct background checks or search
Megan's Law sex offender lists before admission.

Prior to the adoption of these new rules, SUNY established a "Ban the
Box Workgroup comprised of system and campus representatives, to
evaluate its admissions policies and practices." According to SUNY,
this workgroup did not include any representation from women's rights
or victims' rights organizations. Additionally, no women's rights or
victims' rights groups testified at a public hearing on this issue in
May, 2016.

While the goal of SUNY's new policy is to "balance the right of
individuals with prior convictions against legitimate concerns for
safety on campus," the Albany Times Union reported that Board of
Trustees considered an exception in the case of a prospective student
convicted of a felony sex offense, but decided against it.

Research by the United States Department of Justice and The White
House Council on Women and Girls indicates that 1 in 5 college females
are the victims of actual or attempted sexual assault, and only 12% of
student victims report the assault to law enforcement.
The goal of SUNY's new policy is admirable, since its report found
that "62.5 percent of candidates who were asked to disclose prior
felony convictions on SUNY admissions applications did not complete
the application process." However, by eliminating the conviction
question even for violent sexual felonies, SUNY's new policy puts
college students at risk from convicted sex offenders and contradicts
the major changes New York State has instituted in the last few years
to fight the disturbing rise in campus sexual assaults.

 PRIOR LEGISLATIVE HISTORY :

This is a new bill.

 FISCAL IMPACT :

None.

 EFFECTIVE DATE :
This act shall take effect immediately.