What's happening
This bill requires New York colleges to report employees found responsible for sexual misconduct, with names published in a public database.
Why it matters
Creates a public record of college employees found responsible for sexual misconduct. , meaning anyone can look up whether a current or former employee has been found responsible for such behavior through their institution’s official process.
Could increase transparency and accountability in higher education. , possibly deterring institutions from quietly handling or covering up cases, and alerting future employers or the public to past misconduct by staff.
May have privacy and due process implications for employees. , since names are published after an institutional—not necessarily a criminal—finding, which could impact reputations and careers even if there was no criminal conviction.
Standardizes reporting across all New York colleges and universities. , ensuring that the same information (names, year, institution) is collected and made public in a centralized database, potentially closing gaps in how institutions report and track employee misconduct.
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Who cares
Colleges and universities with New York campuses
Covered institutions would have to report employees found responsible for sexual violence or sexual harassment, along with the investigation completion year and institution name.
New York State Education Department
The department would have to publish a website database containing the reported names, investigation years and institutions.
College and university employees
Employees found responsible through their institution’s investigation process would be named in the department’s online database.
Students and campus sexual violence advocates
They would gain access to a statewide database identifying employees found responsible through institutional investigations.
Headline styles
Report College Staff Misconduct
Plain English, a few words. Used as the page title.
Sponsors
21 Co-sponsors
- Ellen C. Jaffee
- Vivian Cook
- Walter T. Mosley
- Jaime R. Williams
- Alicia Hyndman
- Michael G. Miller
- Felix Ortiz
- Anthony D'Urso
- David Weprin
- Jo Anne Simon
- Richard Gottfried
- Inez E. Dickens
- Sandy Galef
- Clifford Crouch
- Charles Barron
- Charles Lavine
- Jose Rivera
- Rodneyse Bichotte Hermelyn
- Rebecca Seawright
- Carmen E. Arroyo
- Patricia Fahy
2 Multi-sponsors
History
- Referred to higher education
Full text
2 pagesUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
10021
IN ASSEMBLY
March 7, 2018
Introduced by M. of A. PAULIN -- read once and referred to the Committee on Higher Education
AN ACT to amend the education law, in relation to the reporting of employees of colleges and universities who were found responsible through the institution's decision-making process of sexual assault, dating violence, domestic violence, stalking, or sexual harassment; and requires publication of certain information
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. The education law is amended by adding a new article 129-C to read as follows:
ARTICLE 129-C
REPORTING OF CERTAIN EMPLOYEES
Section 6450. Definitions.
6450-a. Reporting to the department by institutions.
6450-b. Publishing of certain information on the department's
website.
§ 6450. Definitions. As used in this article, the following terms shall have the following meanings:
1. "Domestic violence", "dating violence", "stalking" ,"sexual assault" and "sexual harassment" shall be defined by each institution in its code of conduct in a manner consistent with applicable federal definitions.
2. "Institution" shall mean any college or university chartered by the regents or incorporated by special act of the legislature that maintains a campus in New York.
3. "Investigation" shall refer to the process the institution uses to resolve complaints about sexual violence and harassment in the forms of domestic violence, dating violence, stalking, sexual assault, and sexual harassment. This includes the fact-finding investigation and any hearing and decision-making process the institution uses to determine: (a) whether or not the conduct occurred; and (b) if the conduct occurred, what actions the school will take to end the sexual violence, eliminate
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD15007-01-8
A. 10021 2
the hostile environment, and prevent its recurrence, which may include imposing sanctions on the perpetrator and providing remedies for the complainant and broader student population. The investigation must be adequate, reliable, impartial, and prompt (Title IX of the Education Amendments of 1972 ("Title IX"), 20 U.S.C. § 1681 et seq.). It may include the judicial or conduct process, as described in article one hundred twenty-nine-B of this chapter.
4. "Respondent" shall mean a person accused of a violation of sexual violence or harassment that has entered an institution's investigation process.
§ 6450-a. Reporting to the department by institutions. Upon completion of an institution's investigation, of the cases where the respondent is an employee of an institution, institutions shall provide the department with the following information:
1. the names of the respondents who were found responsible of the sexual violence or sexual harassment conduct through the institution's investigation process;
2. the year the institution's investigation was completed; and
3. the name of the institution that completed the investigation.
§ 6450-b. Publishing of certain information on the department's website. 1. Following receipt of reporting required pursuant to section sixty-four hundred fifty-a of this article, the department shall publish on its website a database of respondents who were found responsible through an institution's investigation process.
2. Such a database shall include:
a. the name of the respondent;
b. the year the institution's investigation was completed; and
c. the name of the institution that completed the investigation.
§ 2. This act shall take effect immediately.
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.