Relates to the implementation by all colleges and universities in the state of New York of sexual assault, dating violence, domestic violence, and stalking prevention and response policies and procedures

Summary of specific provisions

Sexual assault, domestic violence, dating violence and stalking affect thousands of college students in New York State and across the nation. In addition to the trauma caused by such violence, many victims drop out of school, experience difficulty working, and see promising opportunities cut short. While it is not just college students that experience these crimes, colleges and universities have unique opportunities to educate members of the college community about these crimes and incidents so that we may better safeguard students.

Colleges and universities can act to lessen the incidence of these crimes and respond strongly when they learn of such incidents. Under the leadership of Governor Cuomo, the State University of New York (SUNY) undertook a system-wide review of sexual assault prevention and response and, in coordination with the Governor's Office and experts inside and outside the SUNY System, developed uniform system-wide policies that have been called cutting-edge and national models.

This legislation would build on the reforms already made within the public university system by enacting similar policies in all colleges and universities across the state that include:

*Definition of Affirmative Consent to Sexual Activity *Policy for Alcohol and/or Drug Use Amnesty in Sexual Violence Cases *Victim and Survivor Bill of Rights *Response to Reports *Campus Climate Assessments *Options for Confidential Disclosure *Student Onboarding and Ongoing Education Guide *Privacy in Legal Challenges to Conduct Findings

Such policies shall be developed and implemented for the academic year beginning no more than one year after passage of this legislation.

Definition of Affirmative Consent to Sexual Activity

This definition of affirmative consent requires that both parties engaging in sexual activity consent to doing so. Those who are asleep or incapacitated such that they cannot make a decision about sexual activity cannot consent. Consent is active, not passive, and all parties maintain their own rights to determine whether they wish to

engage in sexual activity without such activity being imposed upon them against their consent.

Policy for Alcohol and/or Drug Use Amnesty in Sexual Violence Cases

Colleges and universities must take reports of sexual violence seriously and this legislation recognizes that sexual violence is more devastating than minor alcohol and drug use violations of the campus code. This provision makes clear that no bystander who reports in good faith or victim who reports sexual violence shall be charged with an alcohol or drug use violation of the college code of conduct. This provision is intended to encourage reporting of these crimes and quell any fear by victims or bystanders that they will be charged with an alcohol or drug use violation of college policy for coming forward.

Victim and Survivor Bill of Rights

This Bill of Rights states clearly and plainly that colleges and universities take these crimes seriously, will support victims and survivors of these crimes, and will offer them opportunities to disclose these crimes, seek resources, and report to law enforcement and/or campus professionals. This Bill of Rights shall be distributed widely to students and college community members and shall be sent electronically to students at least once annually.

Response to Reports

This policy requires that institutions notify students about rights and resources available to them and how the college or university will respond to reports of sexual assault, domestic violence, dating violence and stalking.. The policy includes a list of resources to disclose and report violence, intervention, medical and mental health counseling availability, protection and accommodations, and information about the student-conduct process.

Campus Climate Assessments

Starting in the academic year that begins at least one year following passage of this legislation, all colleges and universities shall conduct a campus climate assessment developed using standard and commonly recognized research methods and shall conduct such assessment no less than every other year. The climate assessment prepared by the State University of New York may serve as one acceptable model for such an assessment. Each college or university shall take care to ensure that answers to such surveys remain anonymous and no individual respondent is identified. Each college or university shall publish high-level results of such surveys on their website provided that no personally identifiable information or information which can reasonably lead a reader to identify an individual respondent shall be shared. This will encourage transparency and provide an incentive to improve in lagging areas.

Options for Confidential Disclosure

This policy requires that institutions use plain language to notify students about the laws surrounding confidentiality and privacy, which can be confusing, and to list confidential and private resources that

students can reach out to, as well as provide technical information about how institutions will respond to requests for confidentiality.

Student Onboarding and Ongoing Education Guide

Modern research on disclosure and educating students recognizes that sexual assault and related violence prevention cannot be effectively taught during a single orientation session, but rather should be part of a year-round campaign. This policy draws heavily from the Violence Against Women Act (VAWA), the First Report of the White House Task Force to Protect Students From Sexual Assault, and cutting-edge research regarding effective education methods. These policies also comply with VAWA's training requirements. While all students are offered generalized and specialized training, all athletes must complete such training prior to competing in intercollegiate athletics and all officers and leaders of clubs and organizations must complete such training prior to their club or organization being recognized by, or registered with, the college or university. This will encourage positive modeling of behavior by students who are looked at as leaders and role models on campus.

Privacy in Legal Challenges to Conduct Findings

One method of intimidating victims or survivors as well as witnesses who come forward to report incidents of sexual violence, or other related violations of college code, is by naming them publicly in court documents or threatening to do so if the victim or survivor does not recant or withdraw the complaint. This provision of the legislation provides exceptions for testifying witnesses, except for those witnesses that testify in their professional capacity (such as victims/survivors, police officers, college officials, investigators, and medical professionals), and witnesses that give written consent to being disclosed.

Justification

Sexual assault, domestic violence, dating violence and stalking affect thousands of college and university students in New York state and across the nation. In addition to the trauma caused by such violence, many victims and survivors drop out of school, experience difficulty working, and see promising opportunities cut short. While it is not just college or university students that experience these crimes, these institutions have a unique opportunities to education members of the college community about these crimes and incidents so that we can better safeguard students. Therefore, each college and university must develop and implement the policies required pursuant to this article.

Prior legislative history

New Bill.

Fiscal implications

No cost to the state.

Effective date

This act shall take effect immediately: provided, however, that sections sixty-four hundred thirty-nine, sixty-four hundred forty, sixty-four hundred forty-one, sixty-four hundred forty-three, sixty-four hundred forty-five, and sixty-four hundred forty -six of article 29-B of the education law, as added by section one of this act, shall take effect on the one hundred eightieth day after it shall have become law; sections sixty-four hundred forty-two and sixty-four hundred forty-seven of article 29-B of the education law, as added by section one of this act, shall take effect on the sixtieth day after it shall have become a law, and section sixty-four hundred forty-four of article 29-B of the education law, as added by section one of this act, shall take effect on the four hundred twenty-fifth day after it shall have become law.