NY State Senate Bill 2023-S5149

Senate Bill S5149

2023-2024 Legislative Session

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

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Current 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 03, 2024	referred to higher education
Feb 23, 2023	referred to higher education

co-Sponsors

2023-S5149 (ACTIVE) - Details

See Assembly Version of this Bill:: A1230
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
2019-2020: S4374, A2834
2021-2022: S4422, A4498

2023-S5149 (ACTIVE) - Summary

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

2023-S5149 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S5149

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 1: Section 6433 of the education law, as added by chapter597 of
the laws of 2003, is amended.

Section 2: This act shall take effect on the sixtieth day after it shall
have become a law.

JUSTIFICATION:

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 perpe-
trated by a current or former partner.

Sexual assaults on and around college campuses, are a vastly under-re-
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
information tool for students in determining the institution of higher
learning they will attend.

 
LEGISLATIVE HISTORY:

2021-22: S4422 - Referred to Higher Education

2019-20: S4374 -Referred to Higher Education

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 it shall have
become a law.

2023-S5149 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5149
 
                        2023-2024 Regular Sessions
 
                             I N  S E N A T E
 
                             February 23, 2023
                                ___________
 
 Introduced  by  Sens.  PARKER, BAILEY -- 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.
                                                            LBD04624-01-3
 S. 5149                             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 S5149

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Sponsored By

Kevin S. Parker