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 › 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.