NY State Senate Bill 2019-S4374

Senate Bill S4374

2019-2020 Legislative Session

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

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Archive: Last Bill Status - In Senate Committee Higher Education Committee

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

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Actions

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	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to higher education
Mar 11, 2019	referred to higher education

co-Sponsors

2019-S4374 (ACTIVE) - Details

See Assembly Version of this Bill:: A2834
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Amd §6433, Ed L
Versions Introduced in Other Legislative Sessions:: 2013-2014: S7954
2015-2016: S1772, A5148
2017-2018: S3082, A5839
2021-2022: S4422, A4498
2023-2024: S5149, A1230

2019-S4374 (ACTIVE) - Summary

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

2019-S4374 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S4374

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

 
PURPOSE:

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

 
SUMMARY OF SPECIFIC PROVISIONS:

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

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

Section 6 provides that failure to comply with the aforementioned
provisions will result in the suspension of state provided administra-
tive and operations funds, with the exception of funds allocated to
student services and faculty salaries.

 
JUSTIFICATION:

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

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

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

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

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

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


Sexual assaults on and around college campuses, are a vastly underre-
ported crime. As of 2013, under new federal guidelines, colleges were
required for the first time to compile and disclose the number of
reports of dating violence, domestic violence, and stalking on their
campuses.

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

 
LEGISLATIVE HISTORY:

2017-18: S3082 - Referred to Higher Education
2015-15: S.1772 - Referred to Higher Education
2013-14: S.7954 - Referred to Rules

 
FISCAL IMPACT ON STATE:

N/A

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

2019-S4374 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   4374
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                              March 11, 2019
                                ___________
 
 Introduced by Sens. PARKER, BAILEY, MONTGOMERY -- read twice and ordered
   printed,  and  when printed to be committed to the Committee on Higher
   Education
 
 AN ACT to amend the education law, in  relation  to  documenting  campus
   sexual assault and related complaints at SUNY and CUNY institutions

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Section 6433 of the education law, as added by chapter  597
 of the laws of 2003, is amended to read as follows:
   §  6433.  Campus crime reporting and statistics.  1. Each college that
 receives state aid shall indicate in their campus catalog, student hand-
 book and viewbook how to access the campus  crime  statistics  that  are
 filed  annually  with  the  United  States  Department  of  Education as
 required under Title 20 of the U.S. Code Section 1092(f).  Every  campus
 catalog,  student  handbook  and viewbook shall state that "The Advisory
 Committee on Campus Safety will provide upon request  all  campus  crime
 statistics as reported to the United States Department of Education."
   The  information  in the campus catalog, student handbook and viewbook
 shall include the United  States  Department  of  Education's  web  site
 address  for  campus  crime  statistics  and a campus phone number for a
 designated college campus contact who  is  authorized  to  provide  such
 statistics for that college. Whenever an individual requests such campus
 crime  statistics,  the  college shall provide a hard copy mailed to the
 individual within ten days of the  request  and  that  information  will
 include  all  of the statistics that the campus is required to ascertain
 under Title 20 of the U.S. Code Section 1092(f).
   2. The president or  chief  administrative  officer  of  each  college
 shall,  working with the advisory committee on campus safety, take steps
 to inform students and prospective students  of  the  existence  of  the
 campus crime statistics on an annual basis and other campus safety poli-
 cies and procedures of the school.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD05906-01-9

 S. 4374                             2
 
   3.  THE  PRESIDENT  OR  ADMINISTRATIVE  OFFICER  OF EACH SUNY AND CUNY
 INSTITUTION SHALL APPOINT OR DESIGNATE AN EMPLOYEE WITH AT LEAST A BACH-
 ELOR'S DEGREE IN NURSING, PSYCHOLOGY OR SOCIAL WORK WHO SHALL BE RESPON-
 SIBLE FOR COORDINATING COMPLIANCE WITH TITLE IX OF THE EDUCATION  AMEND-
 MENTS  OF  1972  (20 U.S.C. SECTION 1681, ET.  SEQ.) AND TITLE 20 OF THE
 U.S. CODE SECTION 1092(F), AND CREATING  AND/OR  MANAGING  A  SEARCHABLE
 DATABASE  CATALOGUING  THE  STATUS  OF ALL COMPLAINTS, REVIEWS, INVESTI-
 GATIONS, AND RESOLUTIONS BROUGHT TO SUCH INSTITUTION'S  ATTENTION  UNDER
 THESE  PROVISIONS.  SUCH DATABASE SHALL BE MADE AVAILABLE ON THE STUDENT
 LIFE WEB PAGE OF EVERY SUNY AND CUNY INSTITUTION, AND SHALL BE  ACCESSI-
 BLE  BY AN ACTIVE LINK FROM SUCH INSTITUTION'S HOME PAGE BETWEEN SEPTEM-
 BER FIRST AND MAY FIRST OF EACH YEAR.
   4. THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK SHALL DEVELOP  A
 STANDARDIZED, ANONYMOUS SURVEY OF INCIDENCES OF ON-CAMPUS SEXUAL ASSAULT
 THAT SHALL BE DISTRIBUTED TO EACH SUNY INSTITUTION AND SHALL BE ADMINIS-
 TERED  BY SUCH INSTITUTIONS EACH MID-SEMESTER.  FOR THE PURPOSES OF THIS
 SUBDIVISION, "SEXUAL ASSAULT" SHALL MEAN ANY SEX OFFENSE IN ARTICLE  ONE
 HUNDRED THIRTY OF THE PENAL LAW.
   5.  THE  CHANCELLOR OF THE CITY UNIVERSITY OF NEW YORK SHALL DEVELOP A
 STANDARDIZED, ANONYMOUS SURVEY OF INCIDENCES OF ON-CAMPUS SEXUAL ASSAULT
 THAT SHALL BE DISTRIBUTED TO EACH CUNY INSTITUTION AND SHALL BE ADMINIS-
 TERED BY SUCH INSTITUTIONS EACH MID-SEMESTER.  FOR THE PURPOSES OF  THIS
 SUBDIVISION,  "SEXUAL ASSAULT" SHALL MEAN ANY SEX OFFENSE IN ARTICLE ONE
 HUNDRED THIRTY OF THE PENAL LAW.
   6. FAILURE OF A SUNY OR CUNY INSTITUTION TO COMPLY WITH THE PROVISIONS
 OF THIS SECTION SHALL RESULT IN THE  SUSPENSION  OF  ADMINISTRATIVE  AND
 OPERATIONS  FUNDS CONTRIBUTED BY THE STATE PROVIDED, HOWEVER, THAT IN NO
 CASE SHALL SUCH SUSPENSION RESULT IN A REDUCTION OR IN  ANY  WAY  AFFECT
 THE  PORTION OF SUCH INSTITUTION'S BUDGET ALLOCATED FOR STUDENT SERVICES
 AND ALL FACULTY SALARY.
   § 2. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law.

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Senate Bill S4374

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Sponsored By

Kevin S. Parker