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 › 6440 - General Provisions.

§ 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
c. file a copy of all written rules and policies adopted  as  required
  in  this article with the department on or before the first day of July,
  two thousand sixteen, and once every ten years thereafter,  except  that
  the  second filing shall coincide with the required filing under article
  one hundred twenty-nine-A of this chapter,  and  continue  on  the  same
  cycle thereafter.
2.  All  institutional  services and protections afforded to reporting
  individuals under this article shall be available to  all  students  and
  applicable   to  conduct  that  has  a  reasonable  connection  to  that
  institution. When such conduct involves students or employees  from  two
  or  more  institutions,  such  institutions  may work collaboratively to
  address the conduct provided that such collaboration complies  with  the
  Family  Educational  Rights and Privacy Act codified at 20 U.S.C. 1232g;
  34 C.F.R. Part 99.
3. If an institution fails to file a certificate of compliance  on  or
  before   September   first  beginning  in  two  thousand  sixteen,  such
  institution shall be ineligible to receive state aid or assistance until
  it files such a certificate. The  department  shall  conduct  audits  of
  institutions by random selection, at any time after September first, two
  thousand  sixteen,  to  ensure  compliance  with  the provisions of this
  article, and shall post information and statistics regarding  compliance
  with this article on the department's website.
4.  A  copy  of  such  rules  and  policies  shall be provided by each
  institution to all students enrolled in said institution using a  method
  and  manner  appropriate  to its institutional culture. Each institution
  shall also post such rules and policies on  its  website  in  an  easily
  accessible manner to the public.
5.  The  protections  in this article apply regardless of race, color,
  national origin, religion, creed, age, disability, sex, gender  identity
  or   expression,   sexual   orientation,   familial  status,  pregnancy,
  predisposing genetic characteristics, military status, domestic violence
  victim status, or criminal conviction.
6. The provisions of this article shall apply  regardless  of  whether
  the violation occurs on campus, off campus, or while studying abroad.
7. Institutions shall, where appropriate, utilize applicable state and
  federal  law, regulations, and guidance in writing the policies required
  pursuant to this article.
8. Nothing in this article shall be construed to limit in any way  the
  provisions  of the penal law that apply to the criminal action analogous
  to the student conduct code violations referenced herein. Action pursued
  through the criminal justice process shall be governed by the penal  law
  and the criminal procedure law.
9.  Nothing in this article shall be construed to create a new private
  right of action for any person.
10.  Nothing  in  this  article  shall  be  construed  to  prevent  an
  institution  from  continuing  an  investigation when required by law to
  continue such investigation.