S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   7529
 
                        2021-2022 Regular Sessions
 
                           I N  A S S E M B L Y
 
                               May 13, 2021
                                ___________
 
 Introduced  by M. of A. SALKA -- read once and referred to the Committee
   on Higher Education
 
 AN ACT to amend the education law, in  relation  to  establishing  first
   amendment  and  free inquiry code of conduct at all state colleges and
   universities; and to amend  the  civil  practice  law  and  rules,  in
   relation  to  bringing  an action for a violation of a first amendment
   and free inquiry code of conduct within one year
 
   THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section  1. Legislative intent and findings. The legislature finds and
 declares the following principles:
   1. The principle of freedom of speech has from the  earliest  days  of
 this  state  been  regarded  as a fundamental tenet of the existence and
 operation of all public colleges and universities in New York.
   2. Students should have freedom to discuss any problem  that  presents
 itself. The response to ideas some may oppose is through open discussion
 rather  than through inhibition or acts of intimidation. Free inquiry is
 indispensable to the good life, public colleges and  universities  exist
 for the sake of such inquiry.
   3.  The  commitment to free and open inquiry is the hallmark of higher
 education. Public postsecondary educational institutions must  guarantee
 that  all members of its community retain the broadest possible latitude
 to speak, write, listen, challenge and learn is what distinguishes high-
 er education. Except insofar as limitations on that freedom  are  neces-
 sary  to the functioning of the institution, public postsecondary educa-
 tional institutions should fully respect and support the freedom of  all
 members of its community to discuss any problem that presents itself.
   4.  The ideas of different members of public postsecondary educational
 institutional communities will often and quite naturally  conflict,  but
 it  is  not  the  proper role of public postsecondary educational insti-
 tutions to attempt to shield individuals from ideas  and  opinions  they
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
              

                                                            LBD11139-01-1

 A. 7529                             2
 
 find  unwelcome, disagreeable, or even deeply offensive. Although public
 postsecondary  educational  institutions  greatly  value  civility,  and
 although all members of its community should share in the responsibility
 for maintaining a climate of mutual respect, concerns about civility and
 mutual  respect  should never be used as a justification for closing off
 discussion of ideas, however offensive,  controversial  or  disagreeable
 those ideas may be to some members of its community.
   5.  The  legislature  hereby declares public postsecondary educational
 institutions shall commit and follow the principles found in  the  First
 Amendment  to  the  United  States Constitution and article one, section
 eight of the New York State Constitution. This shall be ensured  through
 this act.
   §  2.  The  education law is amended by adding a new section 6438-a to
 read as follows:
   § 6438-A. FIRST AMENDMENT AND FREE INQUIRY CODE  OF  CONDUCT.  1.  THE
 FOLLOWING TERMS WHEN USED IN THIS SECTION SHALL HAVE THE FOLLOWING MEAN-
 INGS:
   A.  "BENEFIT" SHALL MEAN AND INCLUDE THE FOLLOWING: (I) RECOGNITION OF
 A STUDENT ORGANIZATION AT THE PUBLIC INSTITUTION  OF  HIGHER  EDUCATION;
 (II) REGISTRATION OF A STUDENT ORGANIZATION AT THE PUBLIC INSTITUTION OF
 HIGHER  EDUCATION; (III) THE USE OF FACILITIES AT THE PUBLIC INSTITUTION
 OF HIGHER EDUCATION FOR MEETINGS OR SPEAKING PURPOSES OF  A  STUDENT  OR
 STUDENT  ORGANIZATION;  (IV)  THE  USE  OF  PUBLIC INSTITUTION OF HIGHER
 EDUCATION CHANNELS OF COMMUNICATION TO BROADCAST INFORMATION ABOUT  SUCH
 MEETINGS,  SPEAKERS  OR  ORGANIZATIONS; AND (V) ACCESS TO RESOURCES THAT
 ARE OTHERWISE AVAILABLE TO OTHER STUDENT  ORGANIZATIONS  AT  THE  PUBLIC
 INSTITUTION OF HIGHER EDUCATION.
   B. "CAMPUS COMMUNITY" SHALL MEAN AND INCLUDE ALL STUDENTS, ADMINISTRA-
 TORS,  FACULTY  AND  STAFF AT THE PUBLIC INSTITUTION OF HIGHER EDUCATION
 AND ANY OF THEIR INVITED GUESTS.
   C. "FIRST AMENDMENT AND FREE INQUIRY CODE  OF  CONDUCT"  OR  "CODE  OF
 CONDUCT" SHALL MEAN THE WRITTEN POLICIES ADOPTED BY A PUBLIC INSTITUTION
 OF  HIGHER  EDUCATION  GOVERNING  FREEDOM OF SPEECH, PRESS, ASSOCIATION,
 ASSEMBLY OR PETITION WHILE SUCH STUDENT IS MATRICULATED IN THE  INSTITU-
 TION AND SHALL BE SUBJECT TO ADMINISTRATIVE PROVISIONS RELATING TO CODES
 OF   CONDUCT   PROVIDED   IN   THIS  ARTICLE  AND  ARTICLE  ONE  HUNDRED
 TWENTY-NINE-B OF THIS TITLE.
   D. "HARASSMENT" SHALL MEAN EXPRESSION THAT IS  UNWELCOME,  SO  SEVERE,
 PERVASIVE,  AND SUBJECTIVELY AND OBJECTIVELY OFFENSIVE THAT A STUDENT IS
 EFFECTIVELY DENIED EQUAL ACCESS TO EDUCATIONAL OPPORTUNITIES OR BENEFITS
 PROVIDED BY THE PUBLIC INSTITUTION OF HIGHER EDUCATION.
   E. "MATERIALLY AND SUBSTANTIALLY DISRUPTS" SHALL MEAN WHEN A  STUDENT,
 GROUP OR STUDENT ORGANIZATION, WITH THE INTENT TO OR KNOWINGLY ACTS IN A
 WAY  THAT SIGNIFICANTLY HINDERS ANOTHER STUDENT, GROUP OR STUDENT ORGAN-
 IZATION'S  EXPRESSIVE  ACTIVITY,  PREVENTS  THE  COMMUNICATION  OF  SUCH
 STUDENT,  GROUP OR STUDENT ORGANIZATION'S MESSAGE OR PREVENTS THE TRANS-
 ACTION OF BUSINESS IN A LAWFUL MEETING, GATHERING OR PROCESSION BY:  (I)
 ENGAGING IN FIGHTING, VIOLENCE, OR ANY  OTHER  UNLAWFUL  BEHAVIOR;  (II)
 PHYSICALLY BLOCKING SUCH STUDENT, GROUP OR STUDENT ORGANIZATION, INCLUD-
 ING  BLOCKING ACCESS TO BUILDINGS, CAMPUS FACILITIES OR CAMPUS PROPERTY;
 (III) TRIGGERING ALARMS LOCATED NEAR  SUCH  STUDENT,  GROUP  OR  STUDENT
 ORGANIZATION,  INCLUDING  FIRE  OR OTHER SAFETY ALARMS OR CREATING UNDUE
 NOISE INTENDED TO DROWN OUT THE SPEECH OF SUCH STUDENT, GROUP OR STUDENT
 ORGANIZATION; OR (IV) USING THREATS OF VIOLENCE TO  PREVENT  ANY  PERSON
 FROM  ATTENDING,  LISTENING TO, VIEWING OR OTHERWISE PARTICIPATING IN AN
 EXPRESSIVE  ACTIVITY.  CONDUCT  THAT   "MATERIALLY   AND   SUBSTANTIALLY

 A. 7529                             3
 
 DISRUPTS"  SHALL  NOT  INCLUDE CONDUCT THAT IS PROTECTED UNDER THE FIRST
 AMENDMENT TO THE UNITED STATES CONSTITUTION OR SECTION EIGHT OF  ARTICLE
 ONE  OF  THE STATE CONSTITUTION. FOR PURPOSES OF THIS SECTION, PROTECTED
 CONDUCT  SHALL  ALSO  INCLUDE, BUT IS NOT LIMITED TO, LAWFUL PROTESTS IN
 THE OUTDOOR AREAS OF CAMPUS GENERALLY ACCESSIBLE TO THE MEMBERS  OF  THE
 PUBLIC  EXCEPT  DURING  TIMES  WHEN  THOSE  AREAS  HAVE BEEN RESERVED IN
 ADVANCE FOR  OTHER  EVENTS,  OR  MINOR,  BRIEF  OR  FLEETING  NONVIOLENT
 DISRUPTIONS OF EVENTS THAT ARE ISOLATED AND SHORT IN DURATION.
   F.  "OUTDOOR  AREA  OF A CAMPUS" SHALL MEAN ANY OUTSIDE AREA OF PUBLIC
 INSTITUTION OF HIGHER EDUCATION'S CAMPS  WHERE  MEMBERS  OF  THE  CAMPUS
 COMMUNITY  ARE COMMONLY ALLOWED, SUCH AS GRASSY AREAS, WALKWAYS OR SIMI-
 LAR COMMON AREAS.  "OUTDOOR AREA OF A CAMPUS" SHALL NOT INCLUDE  OUTDOOR
 AREAS  WHERE ACCESS IS RESTRICTED FROM A MAJORITY OF THE CAMPUS COMMUNI-
 TY.
   G. "PUBLIC INSTITUTION OF HIGHER  EDUCATION"  SHALL  MEAN  ANY  PUBLIC
 TECHNICAL  INSTITUTE,  PUBLIC  JUNIOR  COLLEGE, PUBLIC SENIOR COLLEGE OR
 UNIVERSITY, LAW SCHOOL, MEDICAL SCHOOL,  PROFESSIONAL  SCHOOL  OR  OTHER
 INSTITUTION  OF HIGHER EDUCATION ADMINISTERED BY THE STATE UNIVERSITY OF
 NEW YORK OR THE CITY UNIVERSITY OF NEW YORK.
   H. "STUDENT" SHALL MEAN ANY PERSON WHO IS ENROLLED ON A  FULL-TIME  OR
 PART-TIME BASIS IN A PUBLIC INSTITUTION OF HIGHER EDUCATION.
   I. "STUDENT ORGANIZATION" SHALL MEAN AN OFFICIALLY RECOGNIZED GROUP AT
 A  PUBLIC  INSTITUTION  OF HIGHER EDUCATION, OR A GROUP SEEKING OFFICIAL
 RECOGNITION, COMPRISED OF ADMITTED STUDENTS THAT RECEIVE, OR ARE SEEKING
 TO RECEIVE BENEFITS THROUGH THE PUBLIC INSTITUTIONS OF HIGHER EDUCATION.
   J. "EXPELLED" SHALL MEAN THE  IMMEDIATE  REMOVAL  OF  A  STUDENT  FROM
 ATTENDING COURSES OR BEING PHYSICALLY PRESENT AT A PUBLIC INSTITUTION OF
 HIGHER EDUCATION FOR A PERIOD OF NO LESS THAN FIVE YEARS.
   2. A. ALL OUTDOOR AREAS OF A CAMPUS SHALL BE DEEMED A PUBLIC FORUM FOR
 THE  CAMPUS  COMMUNITY.  NO PUBLIC INSTITUTION OF HIGHER EDUCATION SHALL
 CREATE A FREE SPEECH ZONE OR DESIGNATE ANY OUTDOOR AREA OF CAMPUS  WHERE
 EXPRESSIVE   ACTIVITIES  ARE  PROHIBITED.  EXPRESSIVE  ACTIVITIES  SHALL
 INCLUDE BUT ARE NOT LIMITED TO: ANY LAWFUL VERBAL, WRITTEN,  AUDIO-VISU-
 AL,  OR  ELECTRONIC MEANS BY WHICH A STUDENT OR STUDENT ORGANIZATION MAY
 COMMUNICATE IDEAS TO ONE ANOTHER, INCLUDING ALL FORMS OF PEACEFUL ASSEM-
 BLY, PROTESTS, SPEECHES AND GUEST SPEAKERS, DISTRIBUTION OF  LITERATURE,
 PAMPHLETS,  POLICY  PAPERS,  PLACARDS,  CARRYING  SIGNS  OR  CIRCULATING
 PETITIONS.
   B. SUBJECT ONLY TO THE REQUIREMENTS  OF  THIS  SECTION,  ANY  STUDENT,
 GROUP  OR  STUDENT  ORGANIZATION  WHO WISHES TO ENGAGE IN NON-COMMERCIAL
 EXPRESSIVE ACTIVITY ON A PUBLIC INSTITUTION OF HIGHER EDUCATION'S CAMPUS
 SHALL BE PERMITTED TO DO SO FREELY IF THE STUDENT OR  STUDENT  ORGANIZA-
 TION'S CONDUCT IS NOT UNLAWFUL AND DOES NOT MATERIALLY AND SUBSTANTIALLY
 DISRUPT THE FUNCTIONING OF THE PUBLIC INSTITUTION OF HIGHER EDUCATION.
   C. NOTHING IN THIS SECTION SHALL PROHIBIT PUBLIC INSTITUTIONS OF HIGH-
 ER  EDUCATION  FROM MAINTAINING AND ENFORCING REASONABLE TIME, PLACE AND
 MANNER RESTRICTIONS THAT ARE NARROWLY TAILORED TO  SERVE  A  SIGNIFICANT
 INSTITUTIONAL  INTEREST  ONLY  WHEN  SUCH  RESTRICTIONS  MAINTAIN CLEAR,
 PUBLISHED CONTENT AND VIEWPOINT-NEUTRAL CRITERIA, AND PROVIDE FOR  AMPLE
 ALTERNATIVE  MEANS  OF EXPRESSION. ANY SUCH RESTRICTIONS SHALL ALLOW FOR
 MEMBERS OF THE CAMPUS COMMUNITY TO SPONTANEOUSLY  AND  CONTEMPORANEOUSLY
 ASSEMBLE  AND  DISTRIBUTE  LITERATURE.  NOTHING IN THIS SECTION SHALL BE
 INTERPRETED AS LIMITING THE RIGHT OF EXPRESSIVE ACTIVITIES ELSEWHERE  ON
 A PUBLIC INSTITUTION OF HIGHER EDUCATION'S CAMPUS.
   D.  NOTHING  IN THIS SECTION SHALL BE INTERPRETED AS PREVENTING PUBLIC
 INSTITUTIONS OF HIGHER EDUCATION FOR PROHIBITING, LIMITING OR  RESTRICT-

 A. 7529                             4

 ING  EXPRESSION  THAT THE FIRST AMENDMENT TO THE UNITED STATES CONSTITU-
 TION OR SECTION EIGHT OF ARTICLE ONE OF THE STATE CONSTITUTION DOES  NOT
 PROTECT OR PROHIBIT HARASSMENT ON SUCH INSTITUTION'S CAMPUS.
   E. NOTHING IS THIS SECTION SHALL ENABLE A STUDENT OR STUDENT ORGANIZA-
 TION  TO  ENGAGE  IN CONDUCT THAT INTENTIONALLY, MATERIALLY AND SUBSTAN-
 TIALLY DISRUPTS ANOTHER'S EXPRESSIVE ACTIVITY IF THAT ACTIVITY IS OCCUR-
 RING IN A CAMPUS SPACE RESERVED FOR THAT ACTIVITY  UNDER  THE  EXCLUSIVE
 USE OR CONTROL OF A PARTICULAR STUDENT OR STUDENT ORGANIZATION.
   3.  NO  PUBLIC INSTITUTION OF HIGHER EDUCATION SHALL DENY A RELIGIOUS,
 POLITICAL OR IDEOLOGICAL STUDENT ORGANIZATION ANY BENEFIT  OR  PRIVILEGE
 AVAILABLE  TO  ANY OTHER STUDENT ORGANIZATION, OR OTHERWISE DISCRIMINATE
 AGAINST SUCH AN ORGANIZATION, BASED ON THE EXPRESSION OF  THE  ORGANIZA-
 TION INCLUDING ANY REQUIREMENT THAT A LEADER OR MEMBER OF SUCH ORGANIZA-
 TION:
   A. AFFIRMS AND ADHERES TO THE ORGANIZATION'S SINCERELY HELD BELIEFS;
   B. COMPLIES WITH THE ORGANIZATION'S STANDARDS OF CONDUCT; OR
   C.  FURTHERS  THE ORGANIZATION'S MISSION OR PURPOSE, AS DEFINED BY THE
 STUDENT ORGANIZATION, INCLUDING BUT NOT LIMITED TO ITS MISSION STATEMENT
 OR ANY CHARTER FIELD WITH ITS RESPECTIVE PUBLIC  INSTITUTION  OF  HIGHER
 EDUCATION.
   4.  A.  PUBLIC  INSTITUTIONS  OF HIGHER EDUCATION SHALL MAKE PUBLIC IN
 THEIR HANDBOOKS, ON THEIR PUBLIC WEBSITE, AND THROUGH THEIR  ORIENTATION
 PROGRAM FOR INCOMING STUDENTS THE POLICIES, REGULATIONS AND EXPECTATIONS
 OF  STUDENTS  REGARDING  FREE  EXPRESSION ON CAMPUS CONSISTENT WITH THIS
 SECTION. SUCH POLICIES, REGULATIONS AND EXPECTATIONS SHALL BE WRITTEN IN
 THE FIRST AMENDMENT AND FREE INQUIRY CODE OF CONDUCT. ALL  STUDENTS  WHO
 ARE  ENROLLED  AT  A  PUBLIC  INSTITUTION  OF  HIGHER EDUCATION SHALL BE
 PROVIDED A COPY OF SUCH CODE OF CONDUCT WHICH SHALL BE SIGNED, DATED AND
 RETURNED TO SUCH INSTITUTION PRIOR TO A STUDENT  ATTENDING  ANY  STUDENT
 ORIENTATION  OR  EDUCATIONAL  COURSE WHETHER IN PERSON OR THROUGH REMOTE
 MEANS. FAILURE TO SIGN SUCH CODE OF  CONDUCT  SHALL  RESULT  IN  A  HOLD
 PLACED  ON  THE  STUDENT'S  ACCOUNT,  BARRING  HIM OR HER FROM ATTENDING
 COURSES UNTIL SUCH MATTER IS REMEDIED.
   B. ALL FIRST AMENDMENT AND FREE INQUIRY CODE OF CONDUCTS SHALL CONTAIN
 THE FOLLOWING WRITTEN TEXT IN AT LEAST TWELVE-POINT FONT:
   "AS A STUDENT OF A PUBLIC INSTITUTION OF HIGHER EDUCATION OF THE STATE
 UNIVERSITY OF NEW YORK OR CITY UNIVERSITY OF NEW YORK, I . . . . .  .  .
 (THE BLANK SPACE TO BE FILLED WITH STUDENT'S FULL LEGAL NAME) WILL ABIDE
 BY THE FOLLOWING CODE OF CONDUCT TO UPHOLD THE FIRST AMENDMENT GUARANTEE
 OF  RIGHT  OF FREE SPEECH AND LAWFUL ASSEMBLY AND FREE INQUIRY DURING MY
 TIME AS A STUDENT AT THIS INSTITUTION. AS SUCH I WILL NOT ENGAGE IN  ANY
 BEHAVIOR  TO  HARASS  OR  MATERIALLY OR SUBSTANTIALLY DISRUPT EXPRESSIVE
 ACTIVITY INCLUDING COURSES,  SEMINARS,  LECTURES,  SPEAKING  EVENTS  AND
 EVENTS  UNDERTAKEN  BY CAMPUS COMMUNITY GROUPS, STUDENT ORGANIZATIONS OR
 ORGANIZATIONS INVITED BY SUCH GROUPS OR ORGANIZATIONS.
   FURTHERMORE, I WILL NOT ENGAGE IN ANY PRACTICES TO PHYSICALLY  DISRUPT
 OR  PREVENT THE DISSEMINATION OF INFORMATION BY STUDENT ORGANIZATIONS OR
 GUESTS THEREOF INCLUDING LEAFLETS, PAMPHLETS, POLICY PAPERS,  PETITIONS,
 BUMPER STICKERS, BOOKS AND OTHER ITEMS.
   FOR  PURPOSES  OF  THIS  CODE  OF CONDUCT, SUBSTANTIALLY DISRUPTING AN
 EVENT ON THE CAMPUS COMMUNITY INCLUDES:
   1. ENGAGING IN FIGHTING, VIOLENT, OR OTHER UNLAWFUL BEHAVIOR;
   2. PHYSICALLY BLOCKING  A  STUDENT,  GROUP  OR  STUDENT  ORGANIZATION,
 INCLUDING  BLOCKING  ACCESS  TO  BUILDINGS,  CAMPUS FACILITIES OR CAMPUS
 PROPERTY FOR THE PURPOSE OF DISRUPTING OR PREVENTING AN EVENT ON CAMPUS;

 A. 7529                             5
 
   3. TRIGGERING ALARMS NEAR A STUDENT, GROUP  OR  STUDENT  ORGANIZATION,
 INCLUDING  FIRE OR OTHER SAFETY ALARMS TO CREATE UNDUE NOISE INTENDED TO
 DROWN OUT THE SPEECH OF SUCH STUDENT, GROUP OR STUDENT ORGANIZATION; OR
   4.  USING  THREATS  OF  VIOLENCE TO PREVENT ANY PERSON FROM ATTENDING,
 LISTENING TO, VIEWING OR OTHERWISE PARTICIPATING IN AN EXPRESSIVE ACTIV-
 ITY.
   THE USE OF PHYSICAL FORCE AND/OR VIOLENCE TO PREVENT THE  EXERCISE  OF
 THE  RIGHTS  OF  EXPRESSION  GUARANTEED UNDER THE FIRST AMENDMENT OF THE
 UNITED STATES CONSTITUTION OR SECTION EIGHT OF ARTICLE ONE OF THE  STATE
 CONSTITUTION,  AND  THOSE PROVIDING FOR FREE INQUIRY AND DEBATE WILL NOT
 BE TOLERATED AND MAY SUBJECT ANY OFFENDER TO  PERMANENT  EXPULSION  FROM
 HIS/HER PUBLIC COLLEGE OR UNIVERSITY.
   I UNDERSTAND THAT FAILURE TO ABIDE BY THIS CODE OF CONDUCT WILL AFFECT
 MY  STANDING AT THIS PUBLIC COLLEGE OR UNIVERSITY. FURTHERMORE, I UNDER-
 STAND THAT I WILL BE AFFORDED AN OPPORTUNITY TO DEFEND MYSELF  IF  I  AM
 ALLEGED TO HAVE VIOLATED THE TERMS OF THIS CODE IN ACCORDANCE WITH PROC-
 ESSES  ESTABLISHED BY THE CHANCELLOR OF MY RESPECTIVE PUBLIC INSTITUTION
 OF HIGHER EDUCATION."
   C. ANY STUDENT FOUND TO BE IN VIOLATION OF SUCH CODE OF CONDUCT  SHALL
 BE  SUSPENDED AND PROHIBITED FROM ATTENDING COURSES AND BEING PHYSICALLY
 PRESENT AT THE PUBLIC INSTITUTION OF HIGHER EDUCATION FOR A PERIOD OF NO
 LESS THAN ONE FALL SEMESTER OR SPRING SEMESTER, WHICH EVER  FALLS  IMME-
 DIATELY  AFTER  THEY  HAVE  BEEN FOUND TO BE IN VIOLATION OF THE CODE OF
 CONDUCT. ANY STUDENT FOUND TO BE IN VIOLATION OF SUCH  CODE  OF  CONDUCT
 AFTER  A  PREVIOUS  VIOLATION  OF SUCH CODE OF CONDUCT SHALL BE EXPELLED
 FROM THE PUBLIC INSTITUTION OF HIGHER EDUCATION. ALL FEES, INCLUDING BUT
 NOT LIMITED TO REGISTRATION FEES,  TUITION  AND  STUDENT  ACTIVITY  FEES
 SHALL  CONTINUE  TO BE THE RESPONSIBILITY OF THE STUDENT IN VIOLATION OF
 THE CODE OF CONDUCT FOR THE ACADEMIC SEMESTER SUCH VIOLATION WAS FOUND.
   D. EACH PUBLIC INSTITUTION OF HIGHER EDUCATION SHALL KEEP  A  COPY  OF
 SUCH  CODE  OF  CONDUCT  AGREEMENTS  SIGNED BY STUDENTS PURSUANT TO THIS
 SECTION AND SHALL PROVIDE A COPY AT THE REQUEST OF ANY  STUDENT  WHO  IS
 FACING VIOLATIONS AGAINST THE CODE OF CONDUCT.
   5.  PUBLIC  INSTITUTIONS  OF HIGHER EDUCATION SHALL DEVELOP MATERIALS,
 PROGRAMS, AND PROCEDURES TO ENSURE THAT ALL ADMINISTRATORS, FACULTY  AND
 STAFF  AT  THE PUBLIC INSTITUTION OF HIGHER EDUCATION WHO HAVE RESPONSI-
 BILITY FOR DISCIPLINE OR EDUCATION OF STUDENTS, INCLUDING BUT NOT LIMIT-
 ED TO CAMPUS POLICE OFFICERS, RESIDENCE LIFE OFFICIALS  AND  PROFESSORS,
 UNDERSTAND  THE POLICIES, REGULATIONS, AND DUTIES IN PUBLIC INSTITUTIONS
 OF HIGHER EDUCATION  REGARDING  FREE  EXPRESSION  ON  CAMPUS  WHICH  ARE
 CONSISTENT WITH THIS SECTION.
   6.  A. EACH PUBLIC INSTITUTION OF HIGHER EDUCATION SHALL PUBLICLY POST
 ON THEIR WEBSITE, AS WELL AS SUBMIT TO THE GOVERNOR, THE TEMPORARY PRES-
 IDENT OF THE SENATE, THE MINORITY LEADER OF THE SENATE, THE  SPEAKER  OF
 THE  ASSEMBLY,  AND  THE  MINORITY  LEADER OF THE ASSEMBLY NO LATER THAN
 NOVEMBER THIRTIETH OF EACH YEAR A REPORT WHICH SHALL DETAIL  THE  COURSE
 OF  ACTION  IMPLEMENTED  BY THE INSTITUTION TO BE IN COMPLIANCE WITH THE
 REQUIREMENTS OF THIS SECTION. A REPORT SHALL ALSO BE SUBMITTED WHEN  ANY
 CHANGES OR UPDATES TO THE CHOSEN COURSE OF ACTION IS MADE BY SUCH INSTI-
 TUTION. THE INFORMATION REQUIRED IN THE REPORT SHALL BE:
   (I)  ACCESSIBLE  FROM  THE INSTITUTION'S INTERNET WEBSITE HOME PAGE BY
 USE OF NOT MORE THAN THREE LINKS;
   (II) SEARCHABLE BY KEYWORDS AND PHRASES; AND
   (III) ACCESSIBLE TO THE PUBLIC WITHOUT REQUIRING REGISTRATION  OR  USE
 OF A USERNAME, A PASSWORD OR ANOTHER USER IDENTIFICATION.
   B. THE REPORT SHALL INCLUDE:

 A. 7529                             6
 
   (I)  A  DESCRIPTION OF ANY BARRIERS TO OR INCIDENTS OF FREE EXPRESSION
 OCCURRING ON THE  PUBLIC  INSTITUTIONS  OF  HIGHER  EDUCATION'S  CAMPUS,
 INCLUDING BUT NOT LIMITED TO INCIDENTS WHICH VIOLATE THE FIRST AMENDMENT
 AND  FREE  INQUIRY  CODE  OF CONDUCT PROVIDED FOR IN SUBDIVISION FOUR OF
 THIS  SECTION  AND  SHALL  INCLUDE INCIDENTS WHICH ATTEMPTED TO BLOCK OR
 PROHIBITED SPEAKERS AND ANY INVESTIGATIONS INTO  A  STUDENT  OR  STUDENT
 ORGANIZATION  FOR THEIR SPEECH. THE DESCRIPTION SHALL INCLUDE THE NATURE
 OF EACH BARRIER OR INCIDENT AS WELL AS WHAT DISCIPLINARY ACTION, IF ANY,
 WERE TAKEN AGAINST THE MEMBERS OF THE CAMPUS COMMUNITY DETERMINED TO  BE
 RESPONSIBLE  FOR  THOSE SPECIFIC BARRIERS. INCIDENTS INVOLVING A STUDENT
 SHALL BE REPORTED WITHOUT REVEALING A STUDENT'S PERSONALLY  IDENTIFIABLE
 INFORMATION; AND
   (II) ANY OTHER INFORMATION EACH PUBLIC INSTITUTION OF HIGHER EDUCATION
 DEEMS VALUABLE FOR THE PUBLIC TO EVALUATE WHETHER FREE EXPRESSION RIGHTS
 FOR  ALL MEMBERS OF THE CAMPUS COMMUNITY HAVE BEEN EQUALLY PROTECTED AND
 ENFORCED CONSISTENT WITH THE PROVISIONS OF THIS SECTION.
   7. IF A PUBLIC INSTITUTION OF HIGHER EDUCATION IS SUED FOR AN  ALLEGED
 VIOLATION  OF  THE  FIRST AMENDMENT OF THE UNITED STATES CONSTITUTION OR
 SECTION EIGHT OF ARTICLE ONE OF THE STATE CONSTITUTION, A  SUPPLEMENTARY
 REPORT  WITH A COPY OF THE COMPLAINT, OR ANY AMENDED COMPLAINT, SHALL BE
 SUBMITTED TO THE GOVERNOR, THE TEMPORARY PRESIDENT OF  THE  SENATE,  THE
 MINORITY  LEADER  OF  THE  SENATE,  THE SPEAKER OF THE ASSEMBLY, AND THE
 MINORITY LEADER OF THE ASSEMBLY WITHIN THIRTY  DAYS  OF  RECEIVING  SUCH
 COMPLAINT.
   8.  ANY PERSON OR STUDENT ASSOCIATION AGGRIEVED BY A VIOLATION OF THIS
 SECTION MAY BRING AN ACTION AGAINST THE  PUBLIC  INSTITUTION  OF  HIGHER
 EDUCATION AND ITS EMPLOYEES ACTING IN THEIR OFFICIAL CAPACITIES, RESPON-
 SIBLE  FOR  THE VIOLATION AND SEEK APPROPRIATE RELIEF, INCLUDING BUT NOT
 LIMITED TO, INJUNCTIVE RELIEF, MONETARY DAMAGES,  REASONABLE  ATTORNEYS'
 FEES  AND  COURT  COSTS.  IF  A  COURT OF COMPETENT JURISDICTION FINDS A
 VIOLATION AND SEEKS APPROPRIATE RELIEF AGAINST A PUBLIC  INSTITUTION  OF
 HIGHER  EDUCATION,  THE  COURT  SHALL IMPOSE A CIVIL PENALTY OF AT LEAST
 FIVE THOUSAND DOLLARS. ANY PERSON OR STUDENT ORGANIZATION AGGRIEVED BY A
 VIOLATION OF THIS SECTION MAY ASSERT SUCH  VIOLATION  AS  A  DEFENSE  OR
 COUNTER  CLAIM IN ANY DISCIPLINARY ACTION OR IN ANY CIVIL OR ADMINISTRA-
 TIVE PROCEEDINGS BROUGHT AGAINST SUCH STUDENT OR  STUDENT  ORGANIZATION.
 NOTHING IN THIS SECTION SHALL BE INTERPRETED TO LIMIT ANY OTHER REMEDIES
 AVAILABLE TO ANY PERSON OR STUDENT ORGANIZATION.
   9. A PERSON INJURED BY A VIOLATION OF THIS SECTION MAY BRING AN ACTION
 IN  HIS OR HER OWN NAME AGAINST THE PUBLIC INSTITUTION FOR HIGHER EDUCA-
 TION NO MORE THAN ONE YEAR AFTER THE DAY THE  CAUSE  OF  ACTION  ACCRUES
 PURSUANT  TO  SECTION  TWO HUNDRED FIFTEEN OF THE CIVIL PRACTICE LAW AND
 RULES. FOR PURPOSES OF CALCULATING THE ONE YEAR LIMITATION PERIOD,  EACH
 DAY THAT THE VIOLATION PERSISTS, AND EACH DAY THAT A POLICY IN VIOLATION
 OF  THIS  SECTION REMAINS IN EFFECT, SHALL CONSTITUTE A NEW DAY THAT THE
 CAUSE OF ACTION HAS ACCRUED. NOTHING IN THIS SECTION SHALL BE  CONSTRUED
 TO  PREVENT  ANY  CRIMINAL  CHARGES  OR CIVIL PENALTIES SOUGHT AGAINST A
 STUDENT OF A PUBLIC INSTITUTION OF HIGHER EDUCATION BROUGHT ON BY HIS OR
 HER ALLEGED DISRUPTION OF AN ASSEMBLY OF PERSONS ON THE PROPERTY OF SUCH
 PUBLIC INSTITUTION OF HIGHER EDUCATION.
   § 3. Section 215 of the civil practice law and  rules  is  amended  by
 adding a new subdivision 10 that reads as follows:
   10.  AN  ACTION  BY  A STUDENT PURSUANT TO SUBDIVISION NINE OF SECTION
 SIXTY-FOUR HUNDRED THIRTY-EIGHT-A OF THE EDUCATION LAW.
   § 4. This act shall take effect on the sixtieth  day  after  it  shall
 have become a law. Effective immediately, the addition, amendment and/or

 A. 7529                             7
 
 repeal  of  any  rule  or regulation necessary for the implementation of
 this act on its effective date are authorized to be made  and  completed
 by  the  commissioner of the department of education and the chancellors
 of  the state university of New York and the city university of New York
 on or before such effective date.