BILL NUMBER: S968

SPONSOR: YOUNG
 
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 ques-
tion 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 appli-
cants to state-operated institutions to state whether they have been
convicted of a violent felony sex offense, or multiple offenses of sexu-
al 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 appli-
cant 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, eliminat-
ing 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 adminis-
tration, 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 evalu-
ate 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 individ-
uals with prior convictions against legitimate concerns for safety on
campus," the Albany Times Union reported that Board of Trustees consid-
ered 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 appli-
cation 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:

2017-18: S.5462-A Passed Senate

 
FISCAL IMPACT:

None.

 
EFFECTIVE DATE:
This act shall take effect immediately.