NY Educ L § 6446 (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 6446 - Options for Confidential Disclosure.

§  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,  stalking,  or  sexual   assault;c.  A  plain language explanation of confidentiality which shall, at a   minimum, include the following provision:  "Even  {Institution}  offices   and  employees  who  cannot guarantee confidentiality will maintain your   privacy to the greatest extent possible. The information you provide  to   a  non-confidential  resource  will be relayed only as necessary for the   Title IX Coordinator to investigate and/or seek a resolution.";d. Information about how the institution shall  weigh  a  request  for   confidentiality  and  respond to such a request. Such information shall,   at a minimum, include  that  if  a  reporting  individual  discloses  an   incident to an institution employee who is responsible for responding to   or  reporting  domestic  violence,  dating violence, stalking, or sexual   assault but wishes to maintain confidentiality or does  not  consent  to   the  institution's  request  to  initiate an investigation, the Title IX   Coordinator must weigh the request against the institution's  obligation   to provide a safe, non-discriminatory environment for all members of its   community.   The   institution  shall  assist  with  academic,  housing,   transportation,  employment,  and   other   reasonable   and   available   accommodations regardless of reporting choices;e.  Information  about public awareness and advocacy events, including   guarantees that if an individual discloses information through a  public   awareness  event  such  as candlelight vigils, protests, or other public   event, the institution is not obligated to begin an investigation  based   on such information. The institution may use the information provided at   such  an  event  to  inform  its  efforts  for  additional education and   prevention efforts;f. Information about existing and  available  methods  to  anonymously   disclose   including,   but  not  limited  to  information  on  relevant   confidential  hotlines  provided  by  New  York   state   agencies   and   not-for-profit entities;g.  Information regarding institutional crime reporting including, but   not  limited  to:  reports  of  certain  crimes  occurring  in  specific   geographic  locations that shall be included in the institution's annual   security report pursuant to the Clery Act,  20  U.S.C.  1092(f),  in  an   anonymized manner that identifies neither the specifics of the crime nor   the  identity  of  the  reporting  individual;  that  the institution is   obligated to issue timely warnings of crimes enumerated in the Clery Act   occurring  within  relevant  geography  that  represent  a  serious   or   continuing   threat   to   students   and  employees,  except  in  those   circumstances where issuing such a warning may  compromise  current  law   enforcement  efforts  or  when  the  warning  itself  could  potentially   identify the reporting individual; that a reporting individual shall not   be identified in a timely warning; that the  Family  Educational  Rights   and   Privacy  Act,  20  U.S.C.  1232g,  allows  institutions  to  share   information with parents when i. there is a health or safety  emergency,   or  ii.  when  the  student is a dependent on either parent's prior year   federal income tax return; and that generally, the institution shall not   share information about a report of domestic violence, dating  violence,   stalking,  or  sexual assault with parents without the permission of the   reporting individual. 2. The institution may take  proactive  steps,  such  as  training  or   awareness   efforts,  to  combat  domestic  violence,  dating  violence,   stalking or sexual assault in a general way that does not identify those   who disclose or the information disclosed.3. If the institution determines that an investigation is required, it   shall  notify  the  reporting  individuals  and take immediate action as   necessary to protect and assist them.4. The institution should  seek  consent  from  reporting  individuals   prior  to  conducting  an  investigation.  Declining  to  consent  to an   investigation shall be honored unless the institution determines in good   faith that  failure  to  investigate  does  not  adequately  mitigate  a   potential  risk  of harm to the reporting individual or other members of   the community.   Honoring such a request  may  limit  the  institution's   ability to meaningfully investigate and pursue conduct action against an   accused  individual.  Factors  used to determine whether to honor such a   request include, but are not limited to:a. Whether the accused has a history  of  violent  behavior  or  is  a   repeat offender;b.  Whether  the incident represents escalation in unlawful conduct on   behalf of the accused from previously noted behavior;c. The increased risk that the accused will commit additional acts  of   violence;d. Whether the accused used a weapon or force;e. Whether the reporting individual is a minor; andf.  Whether  the  institution possesses other means to obtain evidence   such as security footage, and whether available  information  reveals  a   pattern of perpetration at a given location or by a particular group.