New York Laws
Article 129-B - Implementation by Colleges and Universities of Sexual Assault, Dating Violence, Domestic Violence and Stalking Prevention and Response Policies and Procedures
6444 - Response to Reports.

§ 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 available upon the first instance of disclosure by a
reporting individual to provide information regarding options to
proceed, and, where applicable, the importance of preserving evidence
and obtaining a sexual assault forensic examination as soon as possible,
and detailing that the criminal justice process utilizes different
standards of proof and evidence and that any questions about whether a
specific incident violated the penal law should be addressed to law
enforcement or to the district attorney. Such official shall also
explain whether he or she is authorized to offer the reporting
individual confidentiality or privacy, and shall inform the reporting
individual of other reporting options;

c. Disclose confidentially the incident to institution
representatives, who may offer confidentiality pursuant to applicable
laws and can assist in obtaining services for reporting individuals;

d. Disclose confidentially the incident and obtain services from the
state or local government;

e. Disclose the incident to institution representatives who can offer
privacy or confidentiality, as appropriate, and can assist in obtaining
resources for reporting individuals;

f. File a report of sexual assault, domestic violence, dating
violence, and/or stalking and the right to consult the Title IX
Coordinator and other appropriate institution representatives for
information and assistance. Reports shall be investigated in accordance
with institution policy and a reporting individual's identity shall
remain private at all times if said reporting individual wishes to
maintain privacy;

g. Disclose, if the accused is an employee of the institution, the
incident to the institution's human resources authority or the right to
request that a confidential or private employee assist in reporting to
the appropriate human resources authority;

h. Receive assistance from appropriate institution representatives in
initiating legal proceedings in family court or civil court; and

i. Withdraw a complaint or involvement from the institution process at
any time.

2. Every institution shall ensure that, at a minimum, at the first
instance of disclosure by a reporting individual to an institution
representative, the following information shall be presented to the
reporting individual: "You have the right to make a report to university
police or campus security, local law enforcement, and/or state police or
choose not to report; to report the incident to your institution; to be
protected by the institution from retaliation for reporting an incident;
and to receive assistance and resources from your institution."

3. Every institution shall ensure that reporting individuals have
information about resources, including intervention, mental health
counseling, and medical services, which shall include information on
whether such resources are available at no cost or for a fee. Every
institution shall also provide information on sexually transmitted
infections, sexual assault forensic examinations, and resources
available through the New York state office of victim services,
established pursuant to section six hundred twenty-two of the executive
law.


4. Every institution shall ensure that individuals are provided the
following protections and accommodations:

a. When the accused or respondent is a student, to have the
institution issue a "no contact order" consistent with institution
policies and procedures, whereby continued intentional contact with the
reporting individual would be a violation of institution policy subject
to additional conduct charges; if the accused or respondent and a
reporting individual observe each other in a public place, it shall be
the responsibility of the accused or respondent to leave the area
immediately and without directly contacting the reporting individual.
Both the accused or respondent and the reporting individual shall, upon
request and consistent with institution policies and procedures, be
afforded a prompt review, reasonable under the circumstances, of the
need for and terms of a no contact order, including potential
modification, and shall be allowed to submit evidence in support of his
or her request. Institutions may establish an appropriate schedule for
the accused and respondents to access applicable institution buildings
and property at a time when such buildings and property are not being
accessed by the reporting individual;

b. To be assisted by the institution's police or security forces, if
applicable, or other officials in obtaining an order of protection or,
if outside of New York state, an equivalent protective or restraining
order;

c. To receive a copy of the order of protection or equivalent when
received by an institution and have an opportunity to meet or speak with
an institution representative, or other appropriate individual, who can
explain the order and answer questions about it, including information
from the order about the accused's responsibility to stay away from the
protected person or persons;

d. To an explanation of the consequences for violating these orders,
including but not limited to arrest, additional conduct charges, and
interim suspension;

e. To receive assistance from university police or campus security in
effecting an arrest when an individual violates an order of protection
or, if university police or campus security does not possess arresting
powers, then to call on and assist local law enforcement in effecting an
arrest for violating such an order, provided that nothing in this
article shall limit current law enforcement jurisdiction and procedures;

f. When the accused or respondent is a student determined to present a
continuing threat to the health and safety of the community, to subject
the accused or respondent to interim suspension pending the outcome of a
judicial or conduct process consistent with this article and the
institution's policies and procedures. Both the accused or respondent
and the reporting individual shall, upon request and consistent with the
institution's policies and procedures, be afforded a prompt review,
reasonable under the circumstances, of the need for and terms of an
interim suspension, including potential modification, and shall be
allowed to submit evidence in support of his or her request;

g. When the accused is not a student but is a member of the
institution's community and presents a continuing threat to the health
and safety of the community, to subject the accused to interim measures
in accordance with applicable collective bargaining agreements, employee
handbooks, and rules and policies of the institution;

h. To obtain reasonable and available interim measures and
accommodations that effect a change in academic, housing, employment,
transportation or other applicable arrangements in order to help ensure
safety, prevent retaliation and avoid an ongoing hostile environment,
consistent with the institution's policies and procedures. Both the

accused or respondent and the reporting individual shall, upon request
and consistent with the institution's policies and procedures, be
afforded a prompt review, reasonable under the circumstances, of the
need for and terms of any such interim measure and accommodation that
directly affects him or her, and shall be allowed to submit evidence in
support of his or her request.

5. Every institution shall ensure that every student be afforded the
following rights:

a. The right to request that student conduct charges be filed against
the accused in proceedings governed by this article and the procedures
established by the institution's rules.

b. The right to a process in all student judicial or conduct cases,
where a student is accused of sexual assault, domestic violence, dating
violence, stalking, or sexual activity that may otherwise violate the
institution's code of conduct, that includes, at a minimum: (i) notice
to a respondent describing the date, time, location and factual
allegations concerning the violation, a reference to the specific code
of conduct provisions alleged to have been violated, and possible
sanctions; (ii) an opportunity to offer evidence during an
investigation, and to present evidence and testimony at a hearing, where
appropriate, and have access to a full and fair record of any such
hearing, which shall be preserved and maintained for at least five years
from such a hearing and may include a transcript, recording or other
appropriate record; and (iii) access to at least one level of appeal of
a determination before a panel, which may include one or more students,
that is fair and impartial and does not include individuals with a
conflict of interest. In order to effectuate an appeal, a respondent and
reporting individual in such cases shall receive written notice of the
findings of fact, the decision and the sanction, if any, as well as the
rationale for the decision and sanction. In such cases, any rights
provided to a reporting individual must be similarly provided to a
respondent and any rights provided to a respondent must be similarly
provided to a reporting individual.

c. Throughout proceedings involving such an accusation of sexual
assault, domestic violence, dating violence, stalking, or sexual
activity that may otherwise violate the institution's code of conduct,
the right:

i. For the respondent, accused, and reporting individual to be
accompanied by an advisor of choice who may assist and advise a
reporting individual, accused, or respondent throughout the judicial or
conduct process including during all meetings and hearings related to
such process. Rules for participation of such advisor shall be
established in the code of conduct.

ii. To a prompt response to any complaint and to have the complaint
investigated and adjudicated in an impartial, timely, and thorough
manner by individuals who receive annual training in conducting
investigations of sexual violence, the effects of trauma, impartiality,
the rights of the respondent, including the right to a presumption that
the respondent is "not responsible" until a finding of responsibility is
made pursuant to the provisions of this article and the institution's
policies and procedures, and other issues including, but not limited to
domestic violence, dating violence, stalking or sexual assault.

iii. To an investigation and process that is fair, impartial and
provides a meaningful opportunity to be heard, and that is not conducted
by individuals with a conflict of interest.

iv. To have the institution's judicial or conduct process run
concurrently with a criminal justice investigation and proceeding,
except for temporary delays as requested by external municipal entities

while law enforcement gathers evidence. Temporary delays should not last
more than ten days except when law enforcement specifically requests and
justifies a longer delay.

v. To review and present available evidence in the case file, or
otherwise in the possession or control of the institution, and relevant
to the conduct case, consistent with institution policies and
procedures.

vi. To exclude their own prior sexual history with persons other than
the other party in the judicial or conduct process or their own mental
health diagnosis and/or treatment from admittance in the institution
disciplinary stage that determines responsibility. Past findings of
domestic violence, dating violence, stalking, or sexual assault may be
admissible in the disciplinary stage that determines sanction.

vii. To receive written or electronic notice, provided in advance
pursuant to the college or university policy and reasonable under the
circumstances, of any meeting they are required to or are eligible to
attend, of the specific rule, rules or laws alleged to have been
violated and in what manner, and the sanction or sanctions that may be
imposed on the respondent based upon the outcome of the judicial or
conduct process, at which time the designated hearing or investigatory
officer or panel shall provide a written statement detailing the factual
findings supporting the determination and the rationale for the sanction
imposed.

viii. To make an impact statement during the point of the proceeding
where the decision maker is deliberating on appropriate sanctions.

ix. To simultaneous (among the parties) written or electronic
notification of the outcome of a judicial or conduct process, including
the sanction or sanctions.

x. To be informed of the sanction or sanctions that may be imposed on
the respondent based upon the outcome of the judicial or conduct process
and the rationale for the actual sanction imposed.

xi. To choose whether to disclose or discuss the outcome of a conduct
or judicial process.

xii. To have all information obtained during the course of the conduct
or judicial process be protected from public release until the appeals
panel makes a final determination unless otherwise required by law.

6. For crimes of violence, including, but not limited to sexual
violence, defined as crimes that meet the reporting requirements
pursuant to the federal Clery Act established in 20 U.S.C.
1092(f)(1)(F)(i)(I)-(VIII), institutions shall make a notation on the
transcript of students found responsible after a conduct process that
they were "suspended after a finding of responsibility for a code of
conduct violation" or "expelled after a finding of responsibility for a
code of conduct violation." For the respondent who withdraws from the
institution while such conduct charges are pending, and declines to
complete the disciplinary process, institutions shall make a notation on
the transcript of such students that they "withdrew with conduct charges
pending." Each institution shall publish a policy on transcript
notations and appeals seeking removal of a transcript notation for a
suspension, provided that such notation shall not be removed prior to
one year after conclusion of the suspension, while notations for
expulsion shall not be removed. If a finding of responsibility is
vacated for any reason, any such transcript notation shall be removed.

7. Institutions that lack appropriate on-campus resources or services
shall, to the extent practicable, enter into memoranda of understanding,
agreements or collaborative partnerships with existing community-based
organizations, including rape-crisis centers and domestic violence
shelters and assistance organizations, to refer students for assistance

or make services available to students, including counseling, health,
mental health, victim advocacy, and legal assistance, which may also
include resources and services for the respondent.

8. Institutions shall, to the extent practicable, ensure that students
have access to a sexual assault forensic examination by employing the
use of a sexual assault nurse examiner in their campus health center or
entering into memoranda of understanding or agreements with at least one
local health care facility to provide such a service.

9. Nothing in this article shall be deemed to diminish the rights of
any member of the institution's community under any applicable
collective bargaining agreement.

Structure New York Laws