S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   5859
 
                        2025-2026 Regular Sessions
 
                           I N  A S S E M B L Y
 
                             February 24, 2025
                                ___________
 
 Introduced  by  M.  of  A.  LASHER, ROZIC, COLTON, CUNNINGHAM, DINOWITZ,
   EICHENSTEIN, GLICK, LAVINE, O'PHARROW, SAYEGH, SEAWRIGHT,  ZACCARO  --
   read once and referred to the Committee on Governmental Operations
 
 AN ACT to amend the executive law, in relation to harassment of students
   and applicants at certain educational institutions

   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:
 
   Section 1. Short title. This act shall be known and may  be  cited  as
 the "assuring college campus and educational safety and support (ACCESS)
 act".
   §  2. Subdivision 4 of section 296 of the executive law, as separately
 amended by chapters 202 and 748 of the laws of 2022, is amended to  read
 as follows:
   4.  (A)  It shall be an unlawful discriminatory practice for an educa-
 tional institution to deny the use  of  its  facilities  to  any  person
 otherwise  qualified, OR WITH RESPECT TO ANY PROGRAM, CLASS OR ACTIVITY,
 TO EXCLUDE FROM PARTICIPATION, DENY THE BENEFITS THEREOF, OR SUBJECT  TO
 DISCRIMINATION, or to permit the harassment of any student or applicant,
 by  reason of [his] SUCH INDIVIDUAL'S race, color, religion, disability,
 national origin, citizenship or immigration status, sexual  orientation,
 gender  identity  or  expression,  military  status,  sex,  age, marital
 status, or status as a victim of domestic violence, except that any such
 institution which establishes or maintains a policy of educating persons
 of one sex exclusively may admit students of only one sex.
   (B) FOR THE PURPOSES OF PARAGRAPH (A) OF THIS SUBDIVISION,  HARASSMENT
 IS AN UNLAWFUL DISCRIMINATORY PRACTICE WHEN IT SUBJECTS AN INDIVIDUAL TO
 INFERIOR  TERMS,  CONDITIONS  OR  PRIVILEGES  OF SERVICES, REGARDLESS OF
 WHETHER SUCH HARASSMENT WOULD BE CONSIDERED SEVERE  OR  PERVASIVE  UNDER
 PRECEDENT  APPLIED  TO  HARASSMENT  CLAIMS,  BECAUSE OF THE INDIVIDUAL'S
 MEMBERSHIP IN ONE OR MORE OF THE PROTECTED CATEGORIES  LISTED  IN  PARA-
 GRAPH  (A)  OF  THIS  SUBDIVISION. THE FACT THAT SUCH INDIVIDUAL DID NOT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.
                                                            LBD06519-05-5
              

 A. 5859                             2
 
 MAKE A COMPLAINT ABOUT THE HARASSMENT  TO  THE  EDUCATIONAL  INSTITUTION
 SHALL NOT BE DETERMINATIVE OF WHETHER SUCH EDUCATIONAL INSTITUTION SHALL
 BE  LIABLE.  NOTHING  IN  THIS SUBDIVISION SHALL IMPLY THAT A STUDENT OR
 APPLICANT  SHALL BE REQUIRED TO DEMONSTRATE THE EXISTENCE OF AN INDIVID-
 UAL TO WHOM SUCH STUDENT'S OR APPLICANT'S TREATMENT SHALL  BE  COMPARED.
 IT  SHALL  BE AN AFFIRMATIVE DEFENSE TO LIABILITY UNDER THIS SUBDIVISION
 THAT HARASSING CONDUCT DOES NOT RISE ABOVE THE LEVEL OF WHAT  A  REASON-
 ABLE  VICTIM OF DISCRIMINATION WITH THE SAME PROTECTED CHARACTERISTIC OR
 CHARACTERISTICS WOULD CONSIDER PETTY SLIGHTS OR TRIVIAL INCONVENIENCES.
   (C) AN EDUCATIONAL INSTITUTION  SHALL  BE  DEEMED  TO  HAVE  PERMITTED
 HARASSMENT  UNDER  PARAGRAPH (A) OF THIS SUBDIVISION IF SUCH EDUCATIONAL
 INSTITUTION FAILS TO ACT WITH REASONABLE CARE TO PREVENT ACTS OF HARASS-
 MENT OR TO PROMPTLY CURTAIL AND REMEDY ACTS OF HARASSMENT.
   (D) A COLLEGE OR UNIVERSITY SHALL ALSO BE  DEEMED  TO  HAVE  PERMITTED
 HARASSMENT  UNDER  PARAGRAPH  (A) OF THIS SUBDIVISION IF SUCH COLLEGE OR
 UNIVERSITY FAILS TO:
   (1) PROMULGATE RULES  THAT  PROHIBIT  HARASSMENT,  INCLUDING  BUT  NOT
 LIMITED TO HARASSMENT THAT IS AN UNLAWFUL DISCRIMINATORY PRACTICE PURSU-
 ANT TO PARAGRAPH (B) OF THIS SUBDIVISION;
   (2) ESTABLISH MECHANISMS AND PROCEDURES FOR STUDENTS AND APPLICANTS TO
 REPORT INCIDENTS OF HARASSMENT;
   (3)  ESTABLISH  MECHANISMS AND PROCEDURES TO RESPOND TO AND STOP INCI-
 DENTS OF HARASSMENT, AND TO INVESTIGATE  AND  ADJUDICATE  VIOLATIONS  OF
 RULES ESTABLISHED IN ACCORDANCE WITH SUBPARAGRAPH ONE OF THIS PARAGRAPH;
   (4) PROVIDE FOR PENALTIES SUFFICIENT TO REASONABLY DETER VIOLATIONS OF
 RULES ESTABLISHED IN ACCORDANCE WITH SUBPARAGRAPH ONE OF THIS PARAGRAPH;
   (5)  CLEARLY  COMMUNICATE  TO STUDENTS, APPLICANTS, FACULTY, AND STAFF
 THE RULES, MECHANISMS, PROCEDURES, AND PENALTIES ESTABLISHED IN  ACCORD-
 ANCE WITH SUBPARAGRAPHS ONE, TWO, THREE AND FOUR OF THIS PARAGRAPH;
   (6)  CONSISTENTLY  AND  EFFECTIVELY  ADMINISTER THE RULES, MECHANISMS,
 PROCEDURES, AND PENALTIES ESTABLISHED IN ACCORDANCE  WITH  SUBPARAGRAPHS
 ONE, TWO, THREE AND FOUR OF THIS PARAGRAPH; OR
   (7) TAKE REASONABLE MEASURES TO PREVENT THE PRESENCE ON SUCH COLLEGE'S
 OR UNIVERSITY'S CAMPUS OR AT COLLEGE OR UNIVERSITY FACILITIES AND EVENTS
 OF INDIVIDUALS WHO ARE NOT AFFILIATED WITH THE COLLEGE OR UNIVERSITY AND
 WHO ENGAGE IN THE HARASSMENT OF STUDENTS OR APPLICANTS.
   § 3. This act shall take effect immediately.