§ 6439. Definitions. As used in this article, the following terms have the following meanings: 1. “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. 2. “Title IX Coordinator” shall mean the Title IX Coordinator and/or his or […]
§ 6440. General provisions. 1. Every institution shall: a. adopt written rules implementing this article by amending its code of conduct or other comparable policies; b. annually file with the department on or before the first day of July, beginning in two thousand sixteen, a certificate of compliance with the provisions of this article; and […]
§ 6441. Affirmative consent to sexual activity. 1. Every institution shall adopt the following definition of affirmative consent as part of its code of conduct: “Affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words […]
§ 6442. Policy for alcohol and/or drug use amnesty. 1. Every institution shall adopt and implement the following policy as part of its code of conduct: “The health and safety of every student at the {Institution} is of utmost importance. {Institution} recognizes that students who have been drinking and/or using drugs (whether such use is […]
§ 6443. Students’ bill of rights. Every institution shall adopt and implement the following “Students’ Bill of Rights” as part of its code of conduct which shall be distributed annually to students, made available on each institution’s website, posted in campus residence halls and campus centers, and shall include links or information to file a […]
§ 6444. Response to reports. 1. Every institution shall ensure that reporting individuals are advised of their right to: a. Notify university police or campus security, local law enforcement, and/or state police; b. Have emergency access to a Title IX Coordinator or other appropriate official trained in interviewing victims of sexual assault who shall be […]
§ 6445. Campus climate assessments. 1. Every institution shall conduct, no less than every other year, a campus climate assessment to ascertain general awareness and knowledge of the provisions of this article, including student experience with and knowledge of reporting and college adjudicatory processes, which shall be developed using standard and commonly recognized research methods. […]
§ 6446. Options for confidential disclosure. 1. In accordance with this article, every institution shall ensure that reporting individuals have the following: a. Information regarding privileged and confidential resources they may contact regarding domestic violence, dating violence, stalking or sexual assault; b. Information about counselors and advocates they may contact regarding domestic violence, dating violence, […]
§ 6447. Student onboarding and ongoing education. 1. Every institution shall adopt a comprehensive student onboarding and ongoing education campaign to educate members of the institution’s community about domestic violence, dating violence, stalking, and sexual assault, in compliance with applicable federal laws, including the Clery Act as amended by the Violence Against Women Act reauthorization […]
§ 6448. Privacy in legal challenges. Pursuant to subdivision (i) of rule three thousand sixteen of the civil practice law and rules, in any proceeding brought against an institution which seeks to vacate or modify a finding that a student was responsible for violating an institution’s rules regarding a violation covered by this article, the […]
§ 6449. Reporting aggregate data to the department. 1. Institutions shall annually report to the department the following information about reports of domestic violence, dating violence, stalking and sexual assault: a. The number of such incidents that were reported to the Title IX Coordinator. b. Of those incidents in paragraph a of this subdivision, the […]
