2023 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; and
f.  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.