NY Educ L § 6444 (2021)
2021 New York Laws EDN - Education Title 7 - State and City Colleges and Institutions-Cornell University 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; andi. 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.