S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5173
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 11, 2021
                                ___________
 
 Introduced  by  M.  of  A.  PAULIN,  COOK, WILLIAMS, HYNDMAN, M. MILLER,
   WEPRIN, SIMON, GOTTFRIED, DICKENS, GALEF, BARRON,  LAVINE,  J. RIVERA,
   BICHOTTE HERMELYN,  SEAWRIGHT,  COLTON, FAHY -- read once and referred
   to the Committee on Higher Education
 
 AN ACT to amend the education law,  in  relation  to  the  reporting  of
   employees  of  colleges  and  universities  who were found responsible
   through the institution's decision-making process of  sexual  assault,
   dating  violence,  domestic  violence, stalking, or sexual harassment;
   and requires publication of certain information
 
   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-C
 to read as follows:
                               ARTICLE 129-C
                      REPORTING OF CERTAIN EMPLOYEES
 SECTION 6450.   DEFINITIONS.
         6450-A. REPORTING TO THE DEPARTMENT BY INSTITUTIONS.
         6450-B. PUBLISHING OF CERTAIN INFORMATION  ON  THE  DEPARTMENT'S
                   WEBSITE.
   §  6450.  DEFINITIONS.  AS  USED  IN THIS ARTICLE, THE FOLLOWING TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1.  "DOMESTIC  VIOLENCE",  "DATING  VIOLENCE",   "STALKING",   "SEXUAL
 ASSAULT" AND "SEXUAL HARASSMENT" SHALL BE DEFINED BY EACH INSTITUTION IN
 ITS CODE OF CONDUCT IN A MANNER CONSISTENT WITH APPLICABLE FEDERAL DEFI-
 NITIONS.
   2. "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.
   3.  "INVESTIGATION"  SHALL  REFER  TO  THE  PROCESS  USED  TO  RESOLVE
 COMPLAINTS ABOUT SEXUAL VIOLENCE AND HARASSMENT IN THE FORMS OF DOMESTIC
 VIOLENCE, DATING VIOLENCE, STALKING, SEXUAL ASSAULT, AND SEXUAL  HARASS-

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

                                                            LBD01969-01-1

 A. 5173                             2
 
 MENT.  THIS  INCLUDES THE FACT-FINDING INVESTIGATION AND ANY HEARING AND
 DECISION-MAKING PROCESS USED  TO  DETERMINE:  (A)  WHETHER  THE  CONDUCT
 OCCURRED; AND (B) IF THE CONDUCT OCCURRED, WHAT ACTIONS WILL BE TAKEN TO
 END  THE SEXUAL VIOLENCE, ELIMINATE THE HOSTILE ENVIRONMENT, AND PREVENT
 ITS RECURRENCE, WHICH MAY INCLUDE IMPOSING SANCTIONS ON THE  PERPETRATOR
 AND  PROVIDING  REMEDIES  FOR  THE COMPLAINANT AND BROADER STUDENT POPU-
 LATION. THE INVESTIGATION MUST BE  ADEQUATE,  RELIABLE,  IMPARTIAL,  AND
 PROMPT  (TITLE  IX  OF THE EDUCATION AMENDMENTS OF 1972 ("TITLE IX"), 20
 U.S.C. § 1681 ET SEQ.). IT MAY INCLUDE THE JUDICIAL OR CONDUCT  PROCESS,
 AS DESCRIBED IN ARTICLE ONE HUNDRED TWENTY-NINE-B OF THIS CHAPTER.
   4.  "RESPONDENT"  SHALL MEAN A PERSON ACCUSED OF A VIOLATION OF SEXUAL
 VIOLENCE OR HARASSMENT THAT HAS ENTERED AN INVESTIGATION PROCESS.
   § 6450-A. REPORTING TO THE DEPARTMENT BY INSTITUTIONS. UPON COMPLETION
 OF AN INVESTIGATION, OF THE CASES WHERE THE RESPONDENT IS AN EMPLOYEE OF
 AN INSTITUTION, INSTITUTIONS  SHALL  PROVIDE  THE  DEPARTMENT  WITH  THE
 FOLLOWING INFORMATION:
   1.  THE  NAMES  OF  THE RESPONDENTS WHO WERE FOUND RESPONSIBLE FOR THE
 SEXUAL VIOLENCE OR SEXUAL HARASSMENT CONDUCT THROUGH  THE  INVESTIGATION
 PROCESS;
   2. THE YEAR THE INVESTIGATION WAS COMPLETED; AND
   3.  THE  NAME  OF  THE  INSTITUTION THAT WAS THE PLACE OF WORK FOR THE
 RESPONDENT WHEN THE INVESTIGATION OR SETTLEMENT OCCURRED.
   § 6450-B.  PUBLISHING  OF  CERTAIN  INFORMATION  ON  THE  DEPARTMENT'S
 WEBSITE.  1. FOLLOWING RECEIPT OF REPORTING REQUIRED PURSUANT TO SECTION
 SIXTY-FOUR HUNDRED FIFTY-A OF THIS ARTICLE, THE DEPARTMENT SHALL PUBLISH
 ON ITS WEBSITE A DATABASE OF  RESPONDENTS  WHO  WERE  FOUND  RESPONSIBLE
 THROUGH AN INVESTIGATION PROCESS.
   2. SUCH A DATABASE SHALL INCLUDE:
   A. THE NAME OF THE RESPONDENT;
   B. THE YEAR THE INVESTIGATION WAS COMPLETED; AND
   C. THE NAME OF THE INSTITUTION THAT COMPLETED THE INVESTIGATION.
   3.  IF  A  RESPONDENT WAS NOT FOUND RESPONSIBLE DUE TO A SETTLEMENT OR
 SIMILAR AGREEMENT WITH  THE  INSTITUTION,  THE  DATABASE  REFERENCED  IN
 SUBDIVISION  TWO  OF THIS SECTION SHALL INCLUDE THE INFORMATION REQUIRED
 BY PARAGRAPHS A, B AND C OF SUCH SUBDIVISION.
   4. IN THE CASE OF A SETTLEMENT  OR  SIMILAR  AGREEMENT,  THE  DATABASE
 SHALL  ALSO  INCLUDE A STATEMENT THAT THE INVESTIGATION WAS NOT COMPLETE
 DUE TO A SETTLEMENT OR SIMILAR AGREEMENT.
   § 2. This act shall take effect immediately.