S T A T E   O F   N E W   Y O R K
       ________________________________________________________________________
                                         4569
                              2015-2016 Regular Sessions
                                   I N  S E N A T E
                                    March 28, 2015
                                      ___________
       Introduced  by  Sen.  SKELOS -- read twice and ordered printed, and when
         printed to be committed to the Committee on Rules
       AN ACT to amend the education law, in relation to the implementation  by
         all  colleges  and  universities  in  the  state of New York of sexual
         assault, dating violence, domestic violence, and  stalking  prevention
         and response policies and procedures
         THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
       BLY, DO ENACT AS FOLLOWS:
    1    Section 1. The education law is amended by adding a new article  129-B
    2  to read as follows:
    3                                ARTICLE 129-B
    4            IMPLEMENTATION BY COLLEGES AND UNIVERSITIES OF SEXUAL
    5          ASSAULT, DATING VIOLENCE, DOMESTIC VIOLENCE, AND STALKING
    6               PREVENTION AND RESPONSE POLICIES AND PROCEDURES
    7  SECTION 6439. GENERAL PROVISIONS.
    8          6440. DEFINITION OF AFFIRMATIVE CONSENT TO SEXUAL ACTIVITY.
    9          6441. POLICY FOR ALCOHOL AND/OR DRUG USE AMNESTY IN SEXUAL VIOLEN
   10                  CASES.
   11          6442. VICTIM AND SURVIVOR BILL OF RIGHTS.
   12          6443  RESPONSE TO REPORTS.
   13          6444. CAMPUS CLIMATE ASSESSMENTS.
   14          6445. OPTIONS FOR CONFIDENTIAL DISCLOSURE.
   15          6446. STUDENT ONBOARDING AND ONGOING EDUCATION.
   16          6447. PRIVACY IN LEGAL CHALLENGES TO CONDUCT FINDINGS.
   17    S  6439.  GENERAL PROVISIONS. 1. THE TRUSTEES OR OTHER GOVERNING BOARD
   18  OF EACH COLLEGE AND UNIVERSITY CHARTERED BY THE REGENTS OR  INCORPORATED
   19  BY  SPECIAL  ACT OF THE LEGISLATURE AND WHICH MAINTAINS A CAMPUS, UNLESS
   20  OTHERWISE PROVIDED, SHALL ADOPT WRITTEN RULES FOR IMPLEMENTING ALL POLI-
   21  CIES REQUIRED PURSUANT TO THIS ARTICLE AND FOR THE MAINTENANCE OF PUBLIC
   22  ORDER ON COLLEGE CAMPUSES AND OTHER COLLEGE  PROPERTY  USED  FOR  EDUCA-
        EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                             [ ] is old law to be omitted.
                                                                  LBD10276-01-5
       S. 4569                             2
    1  TIONAL  PURPOSES AND PROVIDE A PROGRAM FOR THE ENFORCEMENT THEREOF. SUCH
    2  POLICIES SHALL ALSO APPLY TO CONDUCT THAT HAS A NEXUS TO  A  COLLEGE  OR
    3  UNIVERSITY PROGRAM AND/OR TAKES PLACE OUTSIDE OF A COLLEGE OR UNIVERSITY
    4  PROPERTY BUT IS IN VIOLATION OF FEDERAL, STATE OR LOCAL LAW.
    5    2.  SEXUAL  ASSAULT,  DOMESTIC  VIOLENCE, DATING VIOLENCE AND STALKING
    6  AFFECT THOUSANDS OF COLLEGE AND UNIVERSITY STUDENTS IN  NEW  YORK  STATE
    7  AND  ACROSS  THE  NATION.  IN  ADDITION  TO  THE  TRAUMA  CAUSED BY SUCH
    8  VIOLENCE, MANY VICTIMS AND SURVIVORS  DROP  OUT  OF  SCHOOL,  EXPERIENCE
    9  DIFFICULTY  WORKING, AND SEE PROMISING OPPORTUNITIES CUT SHORT. WHILE IT
   10  IS NOT JUST COLLEGE OR UNIVERSITY STUDENTS THAT EXPERIENCE THESE CRIMES,
   11  THESE INSTITUTIONS HAVE UNIQUE OPPORTUNITIES TO EDUCATE MEMBERS  OF  THE
   12  COLLEGE COMMUNITY ABOUT THESE CRIMES AND INCIDENTS SO THAT WE CAN BETTER
   13  SAFEGUARD  STUDENTS. THEREFORE, EACH COLLEGE AND UNIVERSITY MUST DEVELOP
   14  AND IMPLEMENT THE POLICIES REQUIRED PURSUANT TO THIS ARTICLE.
   15    3. EACH COLLEGE AND UNIVERSITY SHALL ANNUALLY FILE WITH THE DEPARTMENT
   16  ON OR BEFORE THE FIRST DAY OF JULY A CERTIFICATE OF COMPLIANCE WITH  THE
   17  PROVISIONS OF THIS ARTICLE.
   18    4.  IF  A COLLEGE OR UNIVERSITY FAILS TO FILE A CERTIFICATE OF COMPLI-
   19  ANCE PURSUANT TO SUBDIVISION THREE OF THIS SECTION WITHIN SIXTY DAYS  OF
   20  THE  TIME  REQUIRED, SUCH COLLEGE OR UNIVERSITY SHALL NOT BE ELIGIBLE TO
   21  RECEIVE ANY STATE AID OR ASSISTANCE UNTIL SUCH CERTIFICATE OF COMPLIANCE
   22  IS DULY FILED.
   23    5. EACH COLLEGE AND UNIVERSITY SHALL FILE A COPY OF ALL WRITTEN  RULES
   24  AND  POLICIES ADOPTED AS REQUIRED IN THIS ARTICLE WITH THE DEPARTMENT ON
   25  OR BEFORE THE FIRST DAY OF JULY, TWO THOUSAND SIXTEEN,  AND  ONCE  EVERY
   26  TEN  YEARS THEREAFTER, EXCEPT THAT THE SECOND FILING SHALL COINCIDE WITH
   27  THE REQUIRED FILING UNDER ARTICLE  ONE  HUNDRED  TWENTY-NINE-A  OF  THIS
   28  CHAPTER, AND CONTINUE ON THE SAME CYCLE THEREAFTER.
   29    6.  A  COPY  OF SUCH RULES AND POLICIES SHALL BE GIVEN BY EACH COLLEGE
   30  AND UNIVERSITY TO ALL STUDENTS ENROLLED IN SAID COLLEGE  OR  UNIVERSITY.
   31  EACH  COLLEGE  AND UNIVERSITY SHALL ALSO POST SUCH RULES AND POLICIES ON
   32  ITS WEBSITE IN AN EASILY ACCESSIBLE MANNER TO THE PUBLIC.
   33    7. COLLEGES AND UNIVERSITIES  SHALL  REFER  TO  APPLICABLE  STATE  AND
   34  FEDERAL  LAW,  REGULATIONS  AND POLICY GUIDANCE IN DEVELOPING AND IMPLE-
   35  MENTING THE POLICIES REQUIRED PURSUANT TO THIS ARTICLE, INCLUDING REFER-
   36  ENCE TO STATE AND FEDERAL DEFINITIONS OF TERMS NOT SPECIFICALLY  DEFINED
   37  HEREIN.
   38    S  6440.  DEFINITION  OF  AFFIRMATIVE CONSENT TO SEXUAL ACTIVITY. EACH
   39  COLLEGE AND UNIVERSITY SHALL ADOPT A UNIFORM DEFINITION  OF  AFFIRMATIVE
   40  CONSENT  IN  THEIR CODE OF STUDENT CONDUCT OR SIMILAR DOCUMENT GOVERNING
   41  STUDENT BEHAVIOR. THIS DEFINITION SHALL STATE THAT "AFFIRMATIVE  CONSENT
   42  IS  A  CLEAR,  UNAMBIGUOUS,  KNOWING,  INFORMED, AND VOLUNTARY AGREEMENT
   43  BETWEEN ALL PARTICIPANTS TO ENGAGE  IN  SEXUAL  ACTIVITY.    CONSENT  IS
   44  ACTIVE, NOT PASSIVE. SILENCE OR LACK OF RESISTANCE CANNOT BE INTERPRETED
   45  AS CONSENT. SEEKING AND HAVING CONSENT ACCEPTED IS THE RESPONSIBILITY OF
   46  THE  PERSON(S) INITIATING EACH SPECIFIC SEXUAL ACT REGARDLESS OF WHETHER
   47  THE PERSON INITIATING THE ACT IS UNDER THE  INFLUENCE  OF  DRUGS  AND/OR
   48  ALCOHOL.  CONSENT  TO ANY SEXUAL ACT OR PRIOR CONSENSUAL SEXUAL ACTIVITY
   49  BETWEEN OR WITH ANY PARTY DOES NOT CONSTITUTE CONSENT TO ANY OTHER SEXU-
   50  AL ACT. THE DEFINITION OF CONSENT DOES NOT VARY  BASED  UPON  A  PARTIC-
   51  IPANT'S  SEX,  SEXUAL ORIENTATION, GENDER IDENTITY OR GENDER EXPRESSION.
   52  CONSENT MAY BE INITIALLY GIVEN BUT WITHDRAWN AT ANY TIME.  WHEN  CONSENT
   53  IS  WITHDRAWN  OR  CANNOT  BE  GIVEN, SEXUAL ACTIVITY MUST STOP. CONSENT
   54  CANNOT BE GIVEN WHEN A PERSON IS  INCAPACITATED.  INCAPACITATION  OCCURS
   55  WHEN  AN  INDIVIDUAL  LACKS THE ABILITY TO FULLY AND KNOWINGLY CHOOSE TO
   56  PARTICIPATE IN SEXUAL ACTIVITY. INCAPACITATION INCLUDES  IMPAIRMENT  DUE
       S. 4569                             3
    1  TO  DRUGS OR ALCOHOL (WHETHER SUCH USE IS VOLUNTARY OR INVOLUNTARY), THE
    2  LACK OF CONSCIOUSNESS OR BEING ASLEEP, BEING  INVOLUNTARILY  RESTRAINED,
    3  IF  ANY  OF  THE  PARTIES  ARE  UNDER THE AGE OF 17, OR IF AN INDIVIDUAL
    4  OTHERWISE  CANNOT CONSENT. CONSENT CANNOT BE GIVEN WHEN IT IS THE RESULT
    5  OF ANY COERCION, INTIMIDATION, FORCE, OR THREAT OF HARM."
    6    S 6441. POLICY FOR ALCOHOL AND/OR DRUG USE AMNESTY IN SEXUAL  VIOLENCE
    7  CASES.  1.  A  BYSTANDER WHO REPORTS IN GOOD FAITH OR A VICTIM REPORTING
    8  SEXUAL VIOLENCE TO COLLEGE OR UNIVERSITY OFFICIALS  OR  LAW  ENFORCEMENT
    9  SHALL  NOT BE SUBJECT TO CAMPUS CONDUCT ACTION FOR VIOLATIONS OF ALCOHOL
   10  AND DRUG USE POLICIES OCCURRING AT OR NEAR THE  TIME  OF  THE  INCIDENT.
   11  EACH  COLLEGE  AND  UNIVERSITY  SHALL  ADOPT AND IMPLEMENT THE FOLLOWING
   12  POLICY:     "THE  HEALTH  AND   SAFETY   OF   EVERY   STUDENT   AT   THE
   13  (COLLEGE/UNIVERSITY)   IS  OF  UTMOST  IMPORTANCE.  (COLLEGE/UNIVERSITY)
   14  RECOGNIZES THAT STUDENTS WHO  HAVE  BEEN  DRINKING  AND/OR  USING  DRUGS
   15  (WHETHER  SUCH  USE  IS  VOLUNTARY  OR INVOLUNTARY) AT THE TIME A SEXUAL
   16  VIOLENCE INCIDENT OCCURS MAY BE HESITANT TO REPORT SUCH INCIDENTS DUE TO
   17  FEAR   OF   POTENTIAL    CONSEQUENCES    FOR    THEIR    OWN    CONDUCT.
   18  (COLLEGE/UNIVERSITY) STRONGLY ENCOURAGES STUDENTS TO REPORT INCIDENTS OF
   19  SEXUAL VIOLENCE TO CAMPUS OFFICIALS. A BYSTANDER REPORTING IN GOOD FAITH
   20  OR   A   VICTIM/SURVIVOR   REPORTING   A  SEXUAL  VIOLENCE  INCIDENT  TO
   21  (COLLEGE/UNIVERSITY) OFFICIALS OR LAW ENFORCEMENT WILL NOT BE SUBJECT TO
   22  CAMPUS CONDUCT ACTION FOR VIOLATIONS OF ALCOHOL AND/OR DRUG USE POLICIES
   23  OCCURRING AT OR NEAR THE TIME OF THE SEXUAL VIOLENCE INCIDENT."
   24    2. FOR PURPOSES OF THIS ARTICLE, THE TERM "SEXUAL VIOLENCE" SHALL MEAN
   25  PHYSICAL SEXUAL ACTS PERPETRATED AGAINST A PERSON'S WILL OR  PERPETRATED
   26  WHERE A PERSON IS INCAPABLE OF GIVING CONSENT INCLUDING, BUT NOT LIMITED
   27  TO, RAPE, SEXUAL ASSAULT, SEXUAL BATTERY, SEXUAL ABUSE, AND SEXUAL COER-
   28  CION.    THE  TERM "BYSTANDER" SHALL MEAN A PERSON WHO OBSERVES A CRIME,
   29  IMPENDING CRIME, CONFLICT, UNACCEPTABLE BEHAVIOR, OR CONDUCT THAT IS  IN
   30  VIOLATION OF RULES OR POLICIES OF A COLLEGE OR UNIVERSITY.
   31    S  6442.  VICTIM  AND  SURVIVOR  BILL  OF  RIGHTS. 1. EACH COLLEGE AND
   32  UNIVERSITY SHALL ADOPT A VICTIM AND SURVIVOR BILL OF RIGHTS.  THIS  BILL
   33  OF RIGHTS SHALL STATE THE FOLLOWING: "ALL VICTIMS AND SURVIVORS HAVE THE
   34  RIGHT  TO:  (A)  MAKE  A  REPORT  TO  LOCAL LAW ENFORCEMENT AND/OR STATE
   35  POLICE; (B) HAVE DISCLOSURES OF SEXUAL VIOLENCE TREATED  SERIOUSLY;  (C)
   36  MAKE A DECISION ABOUT WHETHER OR NOT TO DISCLOSE A CRIME OR INCIDENT AND
   37  PARTICIPATE IN THE CONDUCT OR CRIMINAL JUSTICE PROCESS FREE FROM OUTSIDE
   38  PRESSURES FROM COLLEGE/UNIVERSITY OFFICIALS; (D) BE TREATED WITH DIGNITY
   39  AND  TO  RECEIVE  FROM COLLEGE/UNIVERSITY OFFICIALS COURTEOUS, FAIR, AND
   40  RESPECTFUL HEALTH CARE AND COUNSELING SERVICES; (E)  BE  FREE  FROM  ANY
   41  SUGGESTION  THAT  THE  VICTIM/SURVIVOR IS AT FAULT WHEN THESE CRIMES AND
   42  VIOLATIONS ARE COMMITTED, OR SHOULD HAVE ACTED IN A DIFFERENT MANNER  TO
   43  AVOID  SUCH  A CRIME; (F) DESCRIBE THE INCIDENT TO AS FEW INDIVIDUALS AS
   44  PRACTICABLE AND NOT TO BE REQUIRED TO UNNECESSARILY REPEAT A DESCRIPTION
   45  OF THE INCIDENT; (G) BE FREE FROM RETALIATION BY THE COLLEGE/UNIVERSITY,
   46  THE ACCUSED, AND/OR THEIR FRIENDS, FAMILY  AND  ACQUAINTANCES;  AND  (H)
   47  EXERCISE  CIVIL  RIGHTS AND PRACTICE OF RELIGION WITHOUT INTERFERENCE BY
   48  THE  INVESTIGATIVE,  CRIMINAL  JUSTICE,  OR  CONDUCT  PROCESS   OF   THE
   49  COLLEGE/UNIVERSITY."
   50    2.  IN  ACCORDANCE  WITH  PROVISIONS OF THIS SECTION, EACH COLLEGE AND
   51  UNIVERSITY SHALL LIST THE FOLLOWING OPTIONS IN BRIEF: VICTIMS AND SURVI-
   52  VORS HAVE MANY OPTIONS THAT CAN BE PURSUED SIMULTANEOUSLY, INCLUDING ONE
   53  OR MORE OF THE FOLLOWING: (A) RECEIVE RESOURCES, SUCH AS COUNSELING  AND
   54  MEDICAL ATTENTION; (B) CONFIDENTIALLY OR ANONYMOUSLY DISCLOSE A CRIME OR
   55  VIOLATION;  (C)  MAKE  A  REPORT  TO  AN  EMPLOYEE WITH THE AUTHORITY TO
   56  ADDRESS COMPLAINTS,  INCLUDING  THE  TITLE  IX  COORDINATOR,  A  STUDENT
       S. 4569                             4
    1  CONDUCT  EMPLOYEE,  A  HUMAN  RESOURCES  EMPLOYEE,  UNIVERSITY POLICE OR
    2  CAMPUS SECURITY, OR FAMILY COURT OR CIVIL COURT; AND (D) MAKE  A  REPORT
    3  TO LOCAL LAW ENFORCEMENT AND/OR STATE POLICE.
    4    3. THIS BILL OF RIGHTS SHALL BE DISTRIBUTED ANNUALLY TO STUDENTS, MADE
    5  AVAILABLE  ON  EACH  COLLEGE  AND UNIVERSITY WEBSITE, AND POSTED IN EACH
    6  CAMPUS RESIDENCE HALL, DINING HALL, AND STUDENT UNION OR  CAMPUS  CENTER
    7  AND  SHALL  INCLUDE  LINKS  OR  INFORMATION  TO FILE A REPORT AND SEEK A
    8  RESPONSE, PURSUANT TO SECTION SIXTY-FOUR  HUNDRED  FORTY-THREE  OF  THIS
    9  ARTICLE, AND THE OPTIONS FOR CONFIDENTIAL DISCLOSURE PURSUANT TO SECTION
   10  SIXTY-FOUR HUNDRED FORTY-FOUR OF THIS ARTICLE.
   11    S 6443. RESPONSE TO REPORTS. 1. IN ACCORDANCE WITH THE VICTIM/SURVIVOR
   12  BILL OF RIGHTS SET FORTH IN SECTION SIXTY-FOUR HUNDRED FORTY-TWO OF THIS
   13  ARTICLE AND THE RIGHT OF VICTIMS AND SURVIVORS TO MAKE A REPORT TO LOCAL
   14  LAW  ENFORCEMENT  AND/OR STATE POLICE, EACH COLLEGE AND UNIVERSITY SHALL
   15  ENSURE THAT VICTIMS AND SURVIVORS ARE PROVIDED WITH THE FOLLOWING INFOR-
   16  MATION:
   17    A. THE RIGHT TO NOTIFY LOCAL LAW ENFORCEMENT AND/OR STATE POLICE;
   18    B. THE RIGHT TO REPORT  CONFIDENTIALLY  THE  INCIDENT  TO  COLLEGE  OR
   19  UNIVERSITY  OFFICIALS,  WHO  MAY  MAINTAIN  CONFIDENTIALITY  PURSUANT TO
   20  APPLICABLE LAWS, AND CAN ASSIST IN OBTAINING SERVICES  FOR  THE  VICTIMS
   21  AND SURVIVORS;
   22    C.  THE  RIGHT  TO  DISCLOSE  CONFIDENTIALLY  THE  INCIDENT AND OBTAIN
   23  SERVICES FROM NEW YORK STATE, NEW YORK CITY, OR COUNTY SERVICES;
   24    D. THE RIGHT TO REPORT THE INCIDENT TO COLLEGE OR UNIVERSITY OFFICIALS
   25  WHO CAN OFFER PRIVACY AND CAN ASSIST IN OBTAINING RESOURCES;
   26    E. THE RIGHT TO FILE  A  CRIMINAL  COMPLAINT  WITH  UNIVERSITY  POLICE
   27  AND/OR CAMPUS SECURITY;
   28    F.  THE  RIGHT  TO FILE A REPORT OF SEXUAL ASSAULT, DOMESTIC VIOLENCE,
   29  DATING VIOLENCE, AND/OR STALKING, AND THE RIGHT TO CONSULT THE TITLE  IX
   30  COORDINATOR  FOR  INFORMATION  AND ASSISTANCE. REPORTS SHALL BE INVESTI-
   31  GATED  IN  ACCORDANCE  WITH  COLLEGE  OR   UNIVERSITY   POLICY   AND   A
   32  VICTIM/SURVIVOR'S  IDENTITY  SHALL  REMAIN  PRIVATE AT ALL TIMES IF SAID
   33  VICTIM/SURVIVOR WISHES TO MAINTAIN CONFIDENTIALITY;
   34    G. WHEN THE ACCUSED IS AN EMPLOYEE, THE RIGHT TO REPORT  THE  INCIDENT
   35  TO  THE  COLLEGE OR UNIVERSITY HUMAN RESOURCES AUTHORITY OR THE RIGHT TO
   36  REQUEST THAT A CONFIDENTIAL OR PRIVATE EMPLOYEE ASSIST IN  REPORTING  TO
   37  THE APPROPRIATE HUMAN RESOURCES AUTHORITY. DISCIPLINARY PROCEEDINGS WILL
   38  BE  CONDUCTED IN ACCORDANCE WITH APPLICABLE COLLECTIVE BARGAINING AGREE-
   39  MENTS. WHEN THE ACCUSED IS AN EMPLOYEE OF AN AFFILIATED ENTITY OR VENDOR
   40  OF THE COLLEGE, COLLEGE OR UNIVERSITY OFFICIALS WILL, AT THE REQUEST  OF
   41  THE  VICTIM/SURVIVOR,  ASSIST  IN REPORTING TO THE APPROPRIATE OFFICE OF
   42  THE VENDOR OR AFFILIATED ENTITY AND, IF THE RESPONSE OF  THE  VENDOR  OR
   43  AFFILIATED  ENTITY IS NOT DEEMED SUFFICIENT BY THE COLLEGE OR UNIVERSITY
   44  OFFICIALS, ASSIST IN OBTAINING A PERSONA NON GRATA  LETTER,  SUBJECT  TO
   45  LEGAL REQUIREMENTS AND COLLEGE POLICY;
   46    H.  THE  RIGHT TO WITHDRAW A COMPLAINT OR INVOLVEMENT FROM THE COLLEGE
   47  OR UNIVERSITY PROCESS AT ANY TIME.
   48    2. EACH COLLEGE AND UNIVERSITY SHALL ENSURE THAT VICTIMS AND SURVIVORS
   49  HAVE INFORMATION ABOUT RESOURCES, INCLUDING INTERVENTION, MENTAL  HEALTH
   50  COUNSELING,  AND  MEDICAL.  THE POLICY SHALL ALSO PROVIDE INFORMATION ON
   51  SEXUALLY TRANSMITTED INFECTIONS, SEXUAL ASSAULT  FORENSIC  EXAMINATIONS,
   52  AND  RESOURCES  AVAILABLE  THROUGH THE OFFICE OF VICTIM SERVICES, ESTAB-
   53  LISHED PURSUANT TO SECTION SIX HUNDRED TWENTY-TWO OF THE EXECUTIVE LAW.
   54    3. EACH COLLEGE AND UNIVERSITY SHALL ENSURE THAT VICTIMS AND SURVIVORS
   55  HAVE THE FOLLOWING PROTECTIONS AND ACCOMMODATIONS:
       S. 4569                             5
    1    A. WHEN THE ACCUSED IS A STUDENT, TO HAVE  THE  COLLEGE  ISSUE  A  "NO
    2  CONTACT  ORDER," WHEREBY CONTINUED CONTACT WITH THE PROTECTED INDIVIDUAL
    3  WOULD BE A VIOLATION OF COLLEGE OR UNIVERSITY POLICY  SUBJECT  TO  ADDI-
    4  TIONAL  CONDUCT  CHARGES;  IF THE ACCUSED AND A PROTECTED PERSON OBSERVE
    5  EACH OTHER IN A PUBLIC PLACE, IT IS THE RESPONSIBILITY OF THE ACCUSED TO
    6  LEAVE THE AREA IMMEDIATELY AND WITHOUT DIRECTLY CONTACTING THE PROTECTED
    7  PERSON;
    8    B.  TO  HAVE  ASSISTANCE  FROM UNIVERSITY POLICE OR CAMPUS SECURITY OR
    9  OTHER  COLLEGE  OR  UNIVERSITY  OFFICIALS  IN  OBTAINING  AN  ORDER   OF
   10  PROTECTION OR, IF OUTSIDE OF NEW YORK STATE, AN EQUIVALENT PROTECTIVE OR
   11  RESTRAINING ORDER;
   12    C. TO RECEIVE A COPY OF THE ORDER OF PROTECTION OR EQUIVALENT AND HAVE
   13  AN  OPPORTUNITY  TO  MEET OR SPEAK WITH A COLLEGE OR UNIVERSITY OFFICIAL
   14  WHO CAN EXPLAIN THE ORDER  AND  ANSWER  QUESTIONS  ABOUT  IT,  INCLUDING
   15  INFORMATION  FROM  THE  ORDER ABOUT THE ACCUSED'S RESPONSIBILITY TO STAY
   16  AWAY FROM THE PROTECTED PERSON OR PERSONS; THAT BURDEN DOES NOT REST  ON
   17  THE PROTECTED PERSON OR PERSONS;
   18    D.  A  RIGHT TO AN EXPLANATION OF THE CONSEQUENCES FOR VIOLATING THESE
   19  ORDERS, INCLUDING BUT NOT LIMITED TO ARREST, ADDITIONAL CONDUCT CHARGES,
   20  AND INTERIM SUSPENSION;
   21    E. TO RECEIVE ASSISTANCE FROM UNIVERSITY POLICE OR CAMPUS SECURITY  IN
   22  EFFECTING  AN  ARREST WHEN AN INDIVIDUAL VIOLATES AN ORDER OF PROTECTION
   23  OR, IF UNIVERSITY POLICE OR CAMPUS SECURITY DOES NOT  POSSESS  ARRESTING
   24  POWERS, THEN TO CALL ON AND ASSIST LOCAL LAW ENFORCEMENT IN EFFECTING AN
   25  ARREST FOR VIOLATING SUCH AN ORDER;
   26    F.  WHEN  THE ACCUSED IS A STUDENT AND PRESENTS A CONTINUING THREAT TO
   27  THE HEALTH AND SAFETY OF THE COMMUNITY, TO SUBJECT THE ACCUSED TO INTER-
   28  IM SUSPENSION PENDING THE OUTCOME OF A CONDUCT PROCESS;
   29    G. WHEN THE ACCUSED IS NOT A STUDENT BUT IS A MEMBER  OF  THE  COLLEGE
   30  COMMUNITY  AND  PRESENTS A CONTINUING THREAT TO THE HEALTH AND SAFETY OF
   31  THE COMMUNITY, TO SUBJECT THE ACCUSED TO INTERIM MEASURES IN  ACCORDANCE
   32  WITH  APPLICABLE  COLLECTIVE  BARGAINING AGREEMENTS, EMPLOYEE HANDBOOKS,
   33  AND RULES AND POLICIES OF THE COLLEGE OR UNIVERSITY;
   34    H. WHEN THE ACCUSED IS NOT A MEMBER OF THE COLLEGE COMMUNITY, TO  HAVE
   35  ASSISTANCE FROM UNIVERSITY POLICE OR CAMPUS SECURITY OR OTHER COLLEGE OR
   36  UNIVERSITY OFFICIALS IN OBTAINING A PERSONA NON GRATA LETTER, SUBJECT TO
   37  APPLICABLE LEGAL REQUIREMENTS AND POLICIES; AND
   38    I.  TO  OBTAIN  REASONABLE AND AVAILABLE INTERIM MEASURES AND ACCOMMO-
   39  DATIONS THAT EFFECT A CHANGE IN ACADEMIC, HOUSING, EMPLOYMENT, TRANSPOR-
   40  TATION, OR OTHER APPLICABLE ARRANGEMENTS  IN  ORDER  TO  ENSURE  SAFETY,
   41  PREVENT RETALIATION, AND AVOID AN ONGOING HOSTILE ENVIRONMENT.
   42    4.  EACH COLLEGE AND UNIVERSITY SHALL ENSURE THAT STUDENTS PARTICIPAT-
   43  ING IN THE STUDENT CONDUCT OR JUDICIAL PROCESS BE AFFORDED THE FOLLOWING
   44  RIGHTS AND RESPONSIBILITIES:
   45    A. THE RIGHT TO FILE STUDENT  CONDUCT  CHARGES  AGAINST  THE  ACCUSED.
   46  CONDUCT  PROCEEDINGS ARE GOVERNED BY THE PROCEDURES SET FORTH IN COLLEGE
   47  OR UNIVERSITY RULES AS WELL AS FEDERAL AND NEW YORK STATE  LAW,  INCLUD-
   48  ING,  WHERE  APPLICABLE, THE DUE PROCESS PROVISIONS OF THE UNITED STATES
   49  CONSTITUTION AND NEW YORK STATE CONSTITUTION.
   50    B. THROUGHOUT CONDUCT PROCEEDINGS, THE ACCUSED AND THE VICTIM/SURVIVOR
   51  SHALL BE PROVIDED:
   52    (1) THE SAME OPPORTUNITY TO HAVE ACCESS TO AN ADVISOR OF THEIR CHOICE,
   53  WHERE PARTICIPATION OF THE ADVISOR IN ANY PROCEEDING SHALL BE IN COMPLI-
   54  ANCE WITH APPLICABLE FEDERAL LAWS AND THE STUDENT CODE OF CONDUCT.
   55    (2) THE RIGHT TO A PROMPT RESPONSE TO ANY COMPLAINT AND  TO  HAVE  THE
   56  COMPLAINT  INVESTIGATED  AND  ADJUDICATED  IN  AN IMPARTIAL, TIMELY, AND
       S. 4569                             6
    1  THOROUGH MANNER BY INDIVIDUALS WHO RECEIVE ANNUAL TRAINING IN CONDUCTING
    2  INVESTIGATIONS OF SEXUAL VIOLENCE, THE  EFFECTS  OF  TRAUMA,  AND  OTHER
    3  ISSUES  RELATED  TO  SEXUAL VIOLENCE INCLUDING BUT NOT LIMITED TO SEXUAL
    4  ASSAULT, DOMESTIC VIOLENCE, DATING VIOLENCE, AND STALKING.
    5    (3) THE RIGHT TO AN INVESTIGATION AND PROCESS THAT IS FAIR, IMPARTIAL,
    6  AND PROVIDES A MEANINGFUL OPPORTUNITY TO BE HEARD.
    7    (4)  THE  RIGHT TO RECEIVE WRITTEN OR ELECTRONIC NOTICE OF ANY MEETING
    8  OR HEARING THEY ARE REQUIRED TO OR ARE ELIGIBLE TO ATTEND.
    9    (5) THE RIGHT TO HAVE A CONDUCT PROCESS RUN CONCURRENTLY WITH A CRIMI-
   10  NAL JUSTICE INVESTIGATION AND PROCEEDING, EXCEPT FOR TEMPORARY DELAYS AS
   11  REQUESTED BY EXTERNAL MUNICIPAL ENTITIES WHILE LAW  ENFORCEMENT  GATHERS
   12  EVIDENCE.  TO  COMPLY WITH FEDERAL LAW, TEMPORARY DELAYS SHOULD NOT LAST
   13  MORE THAN TEN DAYS EXCEPT WHEN LAW ENFORCEMENT SPECIFICALLY REQUESTS AND
   14  JUSTIFIES A LONGER DELAY.
   15    (6) THE RIGHT TO REVIEW AVAILABLE EVIDENCE IN THE CASE FILE.
   16    (7) THE RIGHT TO A RANGE OF OPTIONS FOR PROVIDING TESTIMONY VIA ALTER-
   17  NATIVE ARRANGEMENTS, INCLUDING TELEPHONE/VIDEOCONFERENCING OR TESTIFYING
   18  WITH A ROOM PARTITION.
   19    (8) THE RIGHT TO EXCLUDE PRIOR SEXUAL HISTORY OR  PAST  MENTAL  HEALTH
   20  HISTORY  FROM  ADMITTANCE  IN THE COLLEGE DISCIPLINARY STAGE THAT DETER-
   21  MINES RESPONSIBILITY. PAST SEXUAL VIOLENCE FINDINGS MAY BE ADMISSIBLE IN
   22  THE DISCIPLINARY STAGE THAT DETERMINES SANCTION.
   23    (9) THE RIGHT TO ASK QUESTIONS OF THE DECISION MAKER AND VIA THE DECI-
   24  SION MAKER INDIRECTLY REQUEST RESPONSES FROM OTHER PARTIES AND ANY OTHER
   25  WITNESSES PRESENT.
   26    (10) THE RIGHT TO MAKE AN IMPACT STATEMENT DURING  THE  POINT  OF  THE
   27  PROCEEDING WHERE THE DECISION MAKER IS DELIBERATING ON APPROPRIATE SANC-
   28  TIONS.
   29    (11)  THE  RIGHT  TO SIMULTANEOUS (AMONG THE PARTIES) WRITTEN OR ELEC-
   30  TRONIC NOTIFICATION OF THE OUTCOME OF A  CONDUCT  PROCEEDING,  INCLUDING
   31  THE SANCTION OR SANCTIONS.
   32    (12)  THE  RIGHT TO KNOW THE SANCTION OR SANCTIONS THAT MAY BE IMPOSED
   33  ON THE ACCUSED BASED UPON THE OUTCOME OF THE CONDUCT PROCEEDING AND  THE
   34  REASON  FOR  THE ACTUAL SANCTION IMPOSED. FOR STUDENTS FOUND RESPONSIBLE
   35  FOR COMMITTING SEXUAL ASSAULT, THE AVAILABLE SANCTIONS SHALL  BE  EITHER
   36  IMMEDIATE SUSPENSION WITH ADDITIONAL REQUIREMENTS OR EXPULSION.
   37    C. THE RIGHT TO CHOOSE WHETHER TO DISCLOSE OR DISCUSS THE OUTCOME OF A
   38  CONDUCT HEARING.
   39    S  6444.  CAMPUS  CLIMATE  ASSESSMENTS. 1. EACH COLLEGE AND UNIVERSITY
   40  SHALL CONDUCT A CAMPUS CLIMATE ASSESSMENT AIMED AT ASCERTAINING  GENERAL
   41  AWARENESS  AND  KNOWLEDGE OF PROVISIONS OF THIS ARTICLE, DEVELOPED USING
   42  STANDARD AND COMMONLY RECOGNIZED RESEARCH  METHODS,  AND  SHALL  CONDUCT
   43  SUCH ASSESSMENT NO LESS THAN EVERY OTHER YEAR.
   44    2.  THE  ASSESSMENT  SHALL  INCLUDE  QUESTIONS  COVERING  AT LEAST THE
   45  FOLLOWING TOPICS REGARDING STUDENT AND EMPLOYEE KNOWLEDGE ABOUT (A)  THE
   46  TITLE IX COORDINATOR'S ROLE; (B) CAMPUS POLICIES AND PROCEDURES ADDRESS-
   47  ING  SEXUAL  ASSAULT;  (C)  HOW AND WHERE TO REPORT SEXUAL VIOLENCE AS A
   48  VICTIM, SURVIVOR OR WITNESS; (D) THE AVAILABILITY OF  RESOURCES  ON  AND
   49  OFF CAMPUS, SUCH AS COUNSELING, HEALTH, AND ACADEMIC ASSISTANCE; (E) THE
   50  PREVALENCE OF VICTIMIZATION AND PERPETRATION OF SEXUAL ASSAULT, DOMESTIC
   51  VIOLENCE,  DATING  VIOLENCE, AND STALKING ON AND OFF CAMPUS DURING A SET
   52  TIME PERIOD; (F) BYSTANDER  ATTITUDES  AND  BEHAVIOR;  AND  (G)  WHETHER
   53  VICTIMS  AND  SURVIVORS  REPORTED  TO  THE  COLLEGE OR UNIVERSITY AND/OR
   54  POLICE, AND REASONS WHY THEY DID OR DID NOT REPORT.
       S. 4569                             7
    1    3. EACH COLLEGE AND UNIVERSITY SHALL TAKE STEPS TO ENSURE THAT ANSWERS
    2  TO SUCH ASSESSMENTS REMAIN ANONYMOUS AND  NO  INDIVIDUAL  RESPONDENT  IS
    3  IDENTIFIED.
    4    4.  EACH COLLEGE AND UNIVERSITY SHALL PUBLISH DETAILED RESULTS OF SUCH
    5  SURVEYS ON THEIR INTERNET WEBSITE PROVIDED THAT NO PERSONALLY  IDENTIFI-
    6  ABLE  INFORMATION  OR  INFORMATION WHICH CAN REASONABLY LEAD A READER TO
    7  IDENTIFY AN INDIVIDUAL RESPONDENT SHALL BE SHARED.
    8    5. NOTHING IN THIS SECTION SHALL BE SUBJECT TO DISCOVERY  OR  ADMITTED
    9  INTO  EVIDENCE  IN A FEDERAL OR STATE COURT PROCEEDING OR CONSIDERED FOR
   10  OTHER PURPOSES IN ANY ACTION FOR DAMAGES  BROUGHT  BY  A  PRIVATE  PARTY
   11  AGAINST A COLLEGE OR UNIVERSITY.
   12    S  6445.  OPTIONS  FOR CONFIDENTIAL DISCLOSURE. IN ACCORDANCE WITH THE
   13  VICTIM/SURVIVOR BILL OF RIGHTS SET FORTH IN SECTION  SIXTY-FOUR  HUNDRED
   14  FORTY-TWO OF THIS ARTICLE, EACH COLLEGE AND UNIVERSITY SHALL ENSURE THAT
   15  VICTIMS  AND  SURVIVORS  HAVE THE FOLLOWING INFORMATION: (A) INFORMATION
   16  REGARDING PRIVILEGED AND CONFIDENTIAL RESOURCES THEY MAY CONTACT REGARD-
   17  ING VIOLENCE; (B)  INFORMATION  ABOUT  NON-PROFESSIONAL  COUNSELORS  AND
   18  ADVOCATES  THEY  MAY  CONTACT  REGARDING  VIOLENCE; (C) A PLAIN LANGUAGE
   19  EXPLANATION OF THE DIFFERENCES BETWEEN PRIVACY AND CONFIDENTIALITY;  (D)
   20  INFORMATION ABOUT HOW THE COLLEGE OR UNIVERSITY WILL WEIGH A REQUEST FOR
   21  CONFIDENTIALITY AND RESPOND TO SUCH A REQUEST. SUCH INFORMATION SHALL AT
   22  MINIMUM  INCLUDE  THAT  IF  A VICTIM/SURVIVOR DISCLOSES AN INCIDENT TO A
   23  COLLEGE OR UNIVERSITY EMPLOYEE WHO IS RESPONSIBLE FOR RESPONDING  TO  OR
   24  REPORTING  SEXUAL  VIOLENCE OR SEXUAL HARASSMENT, BUT WISHES TO MAINTAIN
   25  CONFIDENTIALITY OR DOES NOT CONSENT  TO  THE  INSTITUTION'S  REQUEST  TO
   26  INITIATE  AN  INVESTIGATION,  THE  TITLE  IX  COORDINATOR MUST WEIGH THE
   27  REQUEST AGAINST THE COLLEGE OR  UNIVERSITY'S  OBLIGATION  TO  PROVIDE  A
   28  SAFE,  NON-DISCRIMINATORY  ENVIRONMENT FOR ALL MEMBERS OF ITS COMMUNITY.
   29  THE COLLEGE OR UNIVERSITY WILL ASSIST WITH ACADEMIC, HOUSING,  TRANSPOR-
   30  TATION,  EMPLOYMENT,  AND  OTHER REASONABLE AND AVAILABLE ACCOMMODATIONS
   31  REGARDLESS OF REPORTING CHOICES. THE  COLLEGE  OR  UNIVERSITY  MAY  TAKE
   32  PROACTIVE STEPS, SUCH AS TRAINING OR AWARENESS EFFORTS, TO COMBAT SEXUAL
   33  VIOLENCE  IN  A GENERAL WAY THAT DOES NOT IDENTIFY THOSE WHO DISCLOSE OR
   34  THE INFORMATION DISCLOSED. THE COLLEGE OR UNIVERSITY  MAY  SEEK  CONSENT
   35  FROM  THOSE WHO DISCLOSE PRIOR TO CONDUCTING AN INVESTIGATION. DECLINING
   36  TO CONSENT TO AN INVESTIGATION WILL BE HONORED  UNLESS  THE  COLLEGE  OR
   37  UNIVERSITY DETERMINES IN GOOD FAITH THAT FAILURE TO INVESTIGATE DOES NOT
   38  ADEQUATELY MITIGATE A POTENTIAL RISK OF HARM TO THE DISCLOSING PERSON OR
   39  OTHER  MEMBERS  OF  THE COMMUNITY. HONORING SUCH A REQUEST MAY LIMIT THE
   40  COLLEGE OR UNIVERSITY'S ABILITY TO MEANINGFULLY INVESTIGATE  AND  PURSUE
   41  CONDUCT  ACTION AGAINST AN ACCUSED INDIVIDUAL. IF THE COLLEGE OR UNIVER-
   42  SITY DETERMINES THAT AN INVESTIGATION IS REQUIRED, IT  WILL  NOTIFY  THE
   43  DISCLOSING  PERSON AND TAKE IMMEDIATE ACTION AS NECESSARY TO PROTECT AND
   44  ASSIST THEM. FACTORS USED TO DETERMINE WHETHER TO HONOR A CONFIDENTIALI-
   45  TY REQUEST INCLUDE, BUT ARE NOT LIMITED TO: (1) WHETHER THE ACCUSED  HAS
   46  A  HISTORY  OF VIOLENT BEHAVIOR OR IS A REPEAT OFFENDER; (2) WHETHER THE
   47  INCIDENT REPRESENTS ESCALATION IN UNLAWFUL  CONDUCT  ON  BEHALF  OF  THE
   48  ACCUSED  FROM PREVIOUSLY NOTED BEHAVIOR; (3) THE INCREASED RISK THAT THE
   49  ACCUSED WILL COMMIT ADDITIONAL ACTS OF VIOLENCE; (4) WHETHER THE ACCUSED
   50  USED A WEAPON OR FORCE; (5) WHETHER THE VICTIM/SURVIVOR IS A MINOR;  AND
   51  (6)  WHETHER  THE  COLLEGE OR UNIVERSITY POSSESSES OTHER MEANS TO OBTAIN
   52  EVIDENCE SUCH AS SECURITY FOOTAGE,  AND  WHETHER  AVAILABLE  INFORMATION
   53  REVEALS A PATTERN OF PERPETRATION AT A GIVEN LOCATION OR BY A PARTICULAR
   54  GROUP;  (E)  INFORMATION  ABOUT  PUBLIC  AWARENESS  AND ADVOCACY EVENTS,
   55  INCLUDING GUARANTEES THAT IF AN INDIVIDUAL DISCLOSES INFORMATION THROUGH
   56  A PUBLIC AWARENESS EVENT SUCH AS CANDLELIGHT VIGILS, PROTESTS, OR  OTHER
       S. 4569                             8
    1  PUBLIC  EVENT,  THE  COLLEGE  OR UNIVERSITY IS NOT OBLIGATED TO BEGIN AN
    2  INVESTIGATION BASED ON SUCH INFORMATION. THE COLLEGE OR  UNIVERSITY  MAY
    3  USE  THE INFORMATION PROVIDED AT SUCH AN EVENT TO INFORM ITS EFFORTS FOR
    4  ADDITIONAL EDUCATION AND PREVENTION EFFORTS; (F) INFORMATION ABOUT METH-
    5  ODS  TO ANONYMOUSLY DISCLOSE INCLUDING BUT NOT LIMITED TO INFORMATION ON
    6  RELEVANT CONFIDENTIAL HOTLINES PROVIDED BY NEW YORK STATE  AGENCIES  AND
    7  NOT-FOR-PROFIT  ENTITIES;  (G) INFORMATION REGARDING INSTITUTIONAL CRIME
    8  REPORTING INCLUDING BUT NOT LIMITED TO: REPORTS OF CERTAIN CRIMES OCCUR-
    9  RING IN SPECIFIC GEOGRAPHIC LOCATIONS THAT  SHALL  BE  INCLUDED  IN  THE
   10  COLLEGE  OR UNIVERSITY ANNUAL SECURITY REPORT PURSUANT TO THE CLERY ACT,
   11  20 U.S.C.  1092(F), IN AN ANONYMIZED MANNER THAT NEITHER IDENTIFIES  THE
   12  SPECIFICS  OF THE CRIME OR THE IDENTITY OF THE VICTIM/SURVIVOR; THAT THE
   13  COLLEGE OR UNIVERSITY IS OBLIGATED TO ISSUE TIMELY  WARNINGS  OF  CRIMES
   14  ENUMERATED  IN  THE  CLERY  ACT OCCURRING WITHIN RELEVANT GEOGRAPHY THAT
   15  REPRESENT A SERIOUS OR CONTINUING  THREAT  TO  STUDENTS  AND  EMPLOYEES,
   16  EXCEPT  IN  THOSE CIRCUMSTANCES WHERE ISSUING SUCH A WARNING MAY COMPRO-
   17  MISE CURRENT LAW ENFORCEMENT EFFORTS OR WHEN THE  WARNING  ITSELF  COULD
   18  POTENTIALLY  IDENTIFY  THE  VICTIM/SURVIVOR;  THAT  A VICTIM OR SURVIVOR
   19  SHALL NOT BE IDENTIFIED IN A TIMELY WARNING; THAT THE FAMILY EDUCATIONAL
   20  RIGHTS AND PRIVACY ACT, 20 U.S.C. 1232(G), ALLOWS INSTITUTIONS TO  SHARE
   21  INFORMATION WITH PARENTS WHEN (1) THERE IS A HEALTH OR SAFETY EMERGENCY,
   22  OR  (2)  WHEN  THE  STUDENT IS A DEPENDENT ON EITHER PARENT'S PRIOR YEAR
   23  FEDERAL INCOME TAX RETURN, AND THAT GENERALLY, THE COLLEGE OR UNIVERSITY
   24  SHALL NOT SHARE INFORMATION ABOUT  A  REPORT  OF  SEXUAL  VIOLENCE  WITH
   25  PARENTS WITHOUT THE PERMISSION OF THE VICTIM/SURVIVOR.
   26    S  6446. STUDENT ONBOARDING AND ONGOING EDUCATION. 1. EACH COLLEGE AND
   27  UNIVERSITY SHALL ADOPT A COMPREHENSIVE STUDENT  ONBOARDING  AND  ONGOING
   28  EDUCATION  CAMPAIGN  TO  EDUCATE  MEMBERS  OF  THE COLLEGE OR UNIVERSITY
   29  COMMUNITY ABOUT SEXUAL ASSAULT, DOMESTIC VIOLENCE, DATING  VIOLENCE  AND
   30  STALKING,  IN  COMPLIANCE  WITH  APPLICABLE  FEDERAL LAWS, INCLUDING THE
   31  CLERY ACT AS AMENDED BY THE VIOLENCE AGAINST WOMEN  ACT  REAUTHORIZATION
   32  OF 2013, 20 U.S.C. 1092(F).
   33    2.  INCLUDED  IN  THIS CAMPAIGN IT SHALL BE A REQUIREMENT THAT ALL NEW
   34  FIRST-YEAR AND TRANSFER STUDENTS  SHALL,  DURING  THE  COURSE  OF  THEIR
   35  ONBOARDING  TO  THEIR  COLLEGE  OR  UNIVERSITY,  RECEIVE TRAINING ON THE
   36  FOLLOWING TOPICS, USING A METHOD AND MANNER APPROPRIATE TO THE  INSTITU-
   37  TIONAL CULTURE OF EACH COLLEGE OR UNIVERSITY: (A) THE COLLEGE OR UNIVER-
   38  SITY  PROHIBITS  SEXUAL  HARASSMENT,  INCLUDING  SEXUAL  VIOLENCE, OTHER
   39  VIOLENCE OR THREATS OF VIOLENCE, AND WILL OFFER RESOURCES TO ANY VICTIMS
   40  AND SURVIVORS OF SUCH VIOLENCE WHILE TAKING ADMINISTRATIVE  AND  CONDUCT
   41  ACTION  REGARDING  ANY ACCUSED INDIVIDUAL WITHIN THE JURISDICTION OF THE
   42  COLLEGE OR UNIVERSITY;  (B)  RELEVANT  DEFINITIONS  INCLUDING,  BUT  NOT
   43  LIMITED TO, THE DEFINITIONS OF SEXUAL VIOLENCE AND CONSENT; (C) POLICIES
   44  APPLY  EQUALLY  TO ALL STUDENTS REGARDLESS OF SEXUAL ORIENTATION, GENDER
   45  IDENTITY, OR GENDER EXPRESSION; (D) THE ROLE OF THE TITLE  IX  COORDINA-
   46  TOR,  UNIVERSITY  POLICE  OR CAMPUS SECURITY, AND OTHER RELEVANT OFFICES
   47  THAT ADDRESS SEXUAL VIOLENCE PREVENTION AND RESPONSE; (E)  AWARENESS  OF
   48  VIOLENCE,  ITS  IMPACT  ON  VICTIMS  AND SURVIVORS AND THEIR FRIENDS AND
   49  FAMILY, AND ITS LONG-TERM IMPACT; (F) THE POLICIES REQUIRED BY  SECTIONS
   50  SIXTY-FOUR HUNDRED FORTY-THREE AND SIXTY-FOUR HUNDRED FORTY-FOUR OF THIS
   51  ARTICLE,  INCLUDING:  (1) HOW TO REPORT SEXUAL VIOLENCE AND OTHER CRIMES
   52  CONFIDENTIALLY TO COLLEGE OR UNIVERSITY OFFICIALS, CAMPUS  LAW  ENFORCE-
   53  MENT  AND  SECURITY,  AND  LOCAL  LAW ENFORCEMENT; AND (2) HOW TO OBTAIN
   54  SERVICES AND SUPPORT; (G) BYSTANDER INTERVENTION AND THE  IMPORTANCE  OF
   55  TAKING  ACTION,  WHEN ONE CAN SAFELY DO SO, TO PREVENT VIOLENCE; (H) THE
   56  PROTECTIONS OF THE POLICY FOR ALCOHOL AND/OR DRUG USE AMNESTY IN  SEXUAL
       S. 4569                             9
    1  VIOLENCE  CASES  AS  OUTLINED IN SECTION SIXTY-FOUR HUNDRED FORTY-ONE OF
    2  THIS ARTICLE; (I) RISK  ASSESSMENT  AND  REDUCTION  INCLUDING,  BUT  NOT
    3  LIMITED  TO,  STEPS  THAT POTENTIAL VICTIMS AND SURVIVORS AND BYSTANDERS
    4  CAN TAKE TO LOWER THE INCIDENCE OF SEXUAL VIOLENCE; AND (J) CONSEQUENCES
    5  AND SANCTIONS FOR INDIVIDUALS WHO COMMIT THESE CRIMES.
    6    3.  EACH  COLLEGE AND UNIVERSITY SHALL CONDUCT THESE TRAININGS FOR ALL
    7  NEW STUDENTS, WHETHER FIRST-YEAR OR TRANSFER,  UNDERGRADUATE,  GRADUATE,
    8  OR PROFESSIONAL.
    9    4.  EACH  COLLEGE AND UNIVERSITY SHALL USE MULTIPLE METHODS TO EDUCATE
   10  STUDENTS ABOUT VIOLENCE PREVENTION AND WILL ALSO  SHARE  INFORMATION  ON
   11  SEXUAL VIOLENCE PREVENTION WITH PARENTS OF ENROLLING STUDENTS.
   12    5. EACH COLLEGE AND UNIVERSITY SHALL OFFER TO ALL STUDENTS GENERAL AND
   13  SPECIALIZED  TRAINING  IN  SEXUAL  VIOLENCE PREVENTION. EACH COLLEGE AND
   14  UNIVERSITY SHALL CONDUCT A CAMPAIGN, COMPLIANT WITH THE REQUIREMENTS  OF
   15  THE  VIOLENCE  AGAINST  WOMEN  ACT,  20 U.S.C.   1092(F), TO EDUCATE THE
   16  STUDENT POPULATION. FURTHER,  EACH  COLLEGE  AND  UNIVERSITY  SHALL,  AS
   17  APPROPRIATE,  PROVIDE OR EXPAND SPECIFIC TRAINING TO INCLUDE GROUPS SUCH
   18  AS INTERNATIONAL STUDENTS, STUDENTS THAT ARE ALSO EMPLOYEES, LEADERS AND
   19  OFFICERS OF REGISTERED OR RECOGNIZED STUDENT ORGANIZATIONS,  AND  ONLINE
   20  AND  DISTANCE EDUCATION STUDENTS. EACH COLLEGE AND UNIVERSITY SHALL ALSO
   21  PROVIDE SPECIFIC TRAINING TO MEMBERS OF GROUPS IDENTIFIED AS  LIKELY  TO
   22  ENGAGE IN HIGH-RISK BEHAVIOR.
   23    6.  EACH COLLEGE AND UNIVERSITY SHALL REQUIRE THAT STUDENT LEADERS AND
   24  OFFICERS OF STUDENT ORGANIZATIONS RECOGNIZED BY OR REGISTERED  WITH  THE
   25  COLLEGE  OR  UNIVERSITY,  AS  WELL  AS  THOSE SEEKING RECOGNITION BY THE
   26  COLLEGE OR UNIVERSITY, COMPLETE TRAINING ON SEXUAL  VIOLENCE  PREVENTION
   27  AS  PART  OF THE APPROVAL PROCESS, AND EACH COLLEGE AND UNIVERSITY SHALL
   28  REQUIRE THAT  STUDENT-ATHLETES  COMPLETE  TRAINING  ON  SEXUAL  VIOLENCE
   29  PREVENTION  PRIOR  TO PARTICIPATING IN INTERCOLLEGIATE ATHLETIC COMPETI-
   30  TION.
   31    7. METHODS OF TRAINING AND EDUCATING STUDENTS MAY INCLUDE, BUT ARE NOT
   32  LIMITED TO: (A) PRESIDENT'S WELCOME MESSAGING; (B) PEER THEATER AND PEER
   33  EDUCATIONAL PROGRAMS; (C) ONLINE TRAINING; (D)  SOCIAL  MEDIA  OUTREACH;
   34  (E)  FIRST-YEAR  SEMINARS  AND TRANSITIONAL COURSES; (F) COURSE SYLLABI;
   35  (G) FACULTY TEACH-INS; (H) INSTITUTION-WIDE READING PROGRAMS; (I)  POST-
   36  ERS,  BULLETIN BOARDS, AND OTHER TARGETED PRINT AND EMAIL MATERIALS; (J)
   37  PROGRAMMING SURROUNDING LARGE RECURRING CAMPUS  EVENTS;  (K)  PARTNERING
   38  WITH  NEIGHBORING COLLEGES AND UNIVERSITIES TO OFFER TRAINING AND EDUCA-
   39  TION; (L) PARTNERING WITH STATE AND LOCAL COMMUNITY  ORGANIZATIONS  THAT
   40  PROVIDE  OUTREACH,  SUPPORT,  CRISIS  INTERVENTION, COUNSELING AND OTHER
   41  RESOURCES TO VICTIMS AND SURVIVORS  OF  CRIMES  TO  OFFER  TRAINING  AND
   42  EDUCATION;  AND  (M)  OUTREACH AND PARTNERING WITH LOCAL BUSINESSES THAT
   43  ATTRACT STUDENTS TO ADVERTISE AND EDUCATE ABOUT THESE POLICIES.
   44    8. EACH COLLEGE AND UNIVERSITY MUST ENGAGE IN AN OCCASIONAL ASSESSMENT
   45  OF ITS PROGRAM AND POLICIES ESTABLISHED PURSUANT TO PROVISIONS  OF  THIS
   46  ARTICLE, IN ORDER TO DETERMINE EFFECTIVENESS AND RELEVANCE FOR STUDENTS,
   47  BY  EITHER  ASSESSING  ITS  OWN PROGRAMMING OR BY CONDUCTING A REVIEW OF
   48  POLICIES OF OTHER COLLEGES AND UNIVERSITIES AND PUBLISHED STUDIES.
   49    S 6447. PRIVACY IN  LEGAL  CHALLENGES  TO  CONDUCT  FINDINGS.  IN  ANY
   50  PROCEEDING  BROUGHT  AGAINST  A  COLLEGE  OR UNIVERSITY CHARTERED BY THE
   51  REGENTS OR INCORPORATED BY SPECIAL ACT  OF  THE  LEGISLATURE  AND  WHICH
   52  MAINTAINS A CAMPUS, CHALLENGING A FINDING THAT A STUDENT WAS RESPONSIBLE
   53  FOR  A  VIOLATION  OF THE COLLEGE OR UNIVERSITY RULES, THE PLEADINGS AND
   54  OTHER PAPERS OF SUCH A PROCEEDING SHALL NOT NAME OR PROVIDE  IDENTIFYING
   55  INFORMATION  ABOUT  TESTIFYING WITNESSES (INCLUDING A VICTIM OR SURVIVOR
   56  OF A CRIME) WITH THE EXCEPTION OF THE PETITIONER, INDIVIDUALS TESTIFYING
       S. 4569                            10
    1  IN THEIR PROFESSIONAL OR EXPERT CAPACITY, AND WITNESSES WHO  WAIVE  THIS
    2  RIGHT  TO  PRIVACY  IN  A  NOTARIZED  INSTRUMENT PRESENTED TO THE COURT.
    3  WITNESSES SHALL BE IDENTIFIED ONLY AS NUMBERED WITNESSES.
    4    S  2.  This act shall take effect immediately; provided, however, that
    5  sections  sixty-four  hundred  thirty-nine,  sixty-four  hundred  forty,
    6  sixty-four hundred forty-one, sixty-four hundred forty-three, sixty-four
    7  hundred  forty-five, and sixty-four hundred forty-six of article 29-B of
    8  the education law, as added by section  one  of  this  act,  shall  take
    9  effect  on  the  one  hundred eightieth day after it shall have become a
   10  law;  sections  sixty-four  hundred  forty-two  and  sixty-four  hundred
   11  forty-seven  of  article  29-B of the education law, as added by section
   12  one of this act, shall take effect on the sixtieth day  after  it  shall
   13  have  become a law, and section sixty-four hundred forty-four of article
   14  29-B of the education law, as added by section one of  this  act,  shall
   15  take  effect  on  the  four hundred twenty-fifth day after it shall have
   16  become a law.