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.
STATE OF NEW YORK
________________________________________________________________________
6632
2015-2016 Regular Sessions
IN ASSEMBLY
March 30, 2015
___________
Introduced by M. of A. GLICK -- read once and referred to the Committee
on Higher Education
AN ACT to amend the education law, in relation 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
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new article 129-B
2 to read as follows:
3 ARTICLE 129-B
4 IMPLEMENTATION BY COLLEGES AND UNIVERSITIES OF SEXUAL
5 ASSAULT, DATING VIOLENCE, DOMESTIC VIOLENCE, AND STALKING
6 PREVENTION AND RESPONSE POLICIES AND PROCEDURES
7 Section 6439. General provisions.
8 6440. Definition of affirmative consent to sexual activity.
9 6441. Policy for alcohol and/or drug use amnesty in sexual violence
10 cases.
11 6442. Victim and survivor bill of rights.
12 6443 Response to reports.
13 6444. Campus climate assessments.
14 6445. Options for confidential disclosure.
15 6446. Student onboarding and ongoing education.
16 6447. Privacy in legal challenges to conduct findings.
17 § 6439. General provisions. 1. The trustees or other governing board
18 of each college and university chartered by the regents or incorporated
19 by special act of the legislature and which maintains a campus, unless
20 otherwise provided, shall adopt written rules for implementing all poli-
21 cies required pursuant to this article and for the maintenance of public
22 order on college campuses and other college property used for educa-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD10276-01-5
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1 tional purposes and provide a program for the enforcement thereof. Such
2 policies shall also apply to conduct that has a nexus to a college or
3 university program and/or takes place outside of a college or university
4 property but is in violation of federal, state or local law.
5 2. Sexual assault, domestic violence, dating violence and stalking
6 affect thousands of college and university students in New York state
7 and across the nation. In addition to the trauma caused by such
8 violence, many victims and survivors drop out of school, experience
9 difficulty working, and see promising opportunities cut short. While it
10 is not just college or university students that experience these crimes,
11 these institutions have unique opportunities to educate members of the
12 college community about these crimes and incidents so that we can better
13 safeguard students. Therefore, each college and university must develop
14 and implement the policies required pursuant to this article.
15 3. Each college and university shall annually file with the department
16 on or before the first day of July a certificate of compliance with the
17 provisions of this article.
18 4. If a college or university fails to file a certificate of compli-
19 ance pursuant to subdivision three of this section within sixty days of
20 the time required, such college or university shall not be eligible to
21 receive any state aid or assistance until such certificate of compliance
22 is duly filed.
23 5. Each college and university shall file a copy of all written rules
24 and policies adopted as required in this article with the department on
25 or before the first day of July, two thousand sixteen, and once every
26 ten years thereafter, except that the second filing shall coincide with
27 the required filing under article one hundred twenty-nine-A of this
28 chapter, and continue on the same cycle thereafter.
29 6. A copy of such rules and policies shall be given by each college
30 and university to all students enrolled in said college or university.
31 Each college and university shall also post such rules and policies on
32 its website in an easily accessible manner to the public.
33 7. Colleges and universities shall refer to applicable state and
34 federal law, regulations and policy guidance in developing and imple-
35 menting the policies required pursuant to this article, including refer-
36 ence to state and federal definitions of terms not specifically defined
37 herein.
38 § 6440. Definition of affirmative consent to sexual activity. Each
39 college and university shall adopt a uniform definition of affirmative
40 consent in their code of student conduct or similar document governing
41 student behavior. This definition shall state that "Affirmative consent
42 is a clear, unambiguous, knowing, informed, and voluntary agreement
43 between all participants to engage in sexual activity. Consent is
44 active, not passive. Silence or lack of resistance cannot be interpreted
45 as consent. Seeking and having consent accepted is the responsibility of
46 the person(s) initiating each specific sexual act regardless of whether
47 the person initiating the act is under the influence of drugs and/or
48 alcohol. Consent to any sexual act or prior consensual sexual activity
49 between or with any party does not constitute consent to any other sexu-
50 al act. The definition of consent does not vary based upon a partic-
51 ipant's sex, sexual orientation, gender identity or gender expression.
52 Consent may be initially given but withdrawn at any time. When consent
53 is withdrawn or cannot be given, sexual activity must stop. Consent
54 cannot be given when a person is incapacitated. Incapacitation occurs
55 when an individual lacks the ability to fully and knowingly choose to
56 participate in sexual activity. Incapacitation includes impairment due
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1 to drugs or alcohol (whether such use is voluntary or involuntary), the
2 lack of consciousness or being asleep, being involuntarily restrained,
3 if any of the parties are under the age of 17, or if an individual
4 otherwise cannot consent. Consent cannot be given when it is the result
5 of any coercion, intimidation, force, or threat of harm."
6 § 6441. Policy for alcohol and/or drug use amnesty in sexual violence
7 cases. 1. A bystander who reports in good faith or a victim reporting
8 sexual violence to college or university officials or law enforcement
9 shall not be subject to campus conduct action for violations of alcohol
10 and drug use policies occurring at or near the time of the incident.
11 Each college and university shall adopt and implement the following
12 policy: "The health and safety of every student at the
13 (College/University) is of utmost importance. (College/University)
14 recognizes that students who have been drinking and/or using drugs
15 (whether such use is voluntary or involuntary) at the time a sexual
16 violence incident occurs may be hesitant to report such incidents due to
17 fear of potential consequences for their own conduct.
18 (College/University) strongly encourages students to report incidents of
19 sexual violence to campus officials. A bystander reporting in good faith
20 or a victim/survivor reporting a sexual violence incident to
21 (College/University) officials or law enforcement will not be subject to
22 campus conduct action for violations of alcohol and/or drug use policies
23 occurring at or near the time of the sexual violence incident."
24 2. For purposes of this article, the term "sexual violence" shall mean
25 physical sexual acts perpetrated against a person's will or perpetrated
26 where a person is incapable of giving consent including, but not limited
27 to, rape, sexual assault, sexual battery, sexual abuse, and sexual coer-
28 cion. The term "bystander" shall mean a person who observes a crime,
29 impending crime, conflict, unacceptable behavior, or conduct that is in
30 violation of rules or policies of a college or university.
31 § 6442. Victim and survivor bill of rights. 1. Each college and
32 university shall adopt a victim and survivor bill of rights. This bill
33 of rights shall state the following: "All victims and survivors have the
34 right to: (a) Make a report to local law enforcement and/or state
35 police; (b) Have disclosures of sexual violence treated seriously; (c)
36 Make a decision about whether or not to disclose a crime or incident and
37 participate in the conduct or criminal justice process free from outside
38 pressures from college/university officials; (d) Be treated with dignity
39 and to receive from college/university officials courteous, fair, and
40 respectful health care and counseling services; (e) Be free from any
41 suggestion that the victim/survivor is at fault when these crimes and
42 violations are committed, or should have acted in a different manner to
43 avoid such a crime; (f) Describe the incident to as few individuals as
44 practicable and not to be required to unnecessarily repeat a description
45 of the incident; (g) Be free from retaliation by the college/university,
46 the accused, and/or their friends, family and acquaintances; and (h)
47 Exercise civil rights and practice of religion without interference by
48 the investigative, criminal justice, or conduct process of the
49 college/university."
50 2. In accordance with provisions of this section, each college and
51 university shall list the following options in brief: victims and survi-
52 vors have many options that can be pursued simultaneously, including one
53 or more of the following: (a) Receive resources, such as counseling and
54 medical attention; (b) Confidentially or anonymously disclose a crime or
55 violation; (c) Make a report to an employee with the authority to
56 address complaints, including the title IX coordinator, a student
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1 conduct employee, a human resources employee, university police or
2 campus security, or family court or civil court; and (d) Make a report
3 to local law enforcement and/or state police.
4 3. This bill of rights shall be distributed annually to students, made
5 available on each college and university website, and posted in each
6 campus residence hall, dining hall, and student union or campus center
7 and shall include links or information to file a report and seek a
8 response, pursuant to section sixty-four hundred forty-three of this
9 article, and the options for confidential disclosure pursuant to section
10 sixty-four hundred forty-four of this article.
11 § 6443. Response to reports. 1. In accordance with the victim/survivor
12 bill of rights set forth in section sixty-four hundred forty-two of this
13 article and the right of victims and survivors to make a report to local
14 law enforcement and/or state police, each college and university shall
15 ensure that victims and survivors are provided with the following infor-
16 mation:
17 a. The right to notify local law enforcement and/or state police;
18 b. The right to report confidentially the incident to college or
19 university officials, who may maintain confidentiality pursuant to
20 applicable laws, and can assist in obtaining services for the victims
21 and survivors;
22 c. The right to disclose confidentially the incident and obtain
23 services from New York state, New York city, or county services;
24 d. The right to report the incident to college or university officials
25 who can offer privacy and can assist in obtaining resources;
26 e. The right to file a criminal complaint with university police
27 and/or campus security;
28 f. The right to file a report of sexual assault, domestic violence,
29 dating violence, and/or stalking, and the right to consult the title IX
30 coordinator for information and assistance. Reports shall be investi-
31 gated in accordance with college or university policy and a
32 victim/survivor's identity shall remain private at all times if said
33 victim/survivor wishes to maintain confidentiality;
34 g. When the accused is an employee, the right to report the incident
35 to the college or university human resources authority or the right to
36 request that a confidential or private employee assist in reporting to
37 the appropriate human resources authority. Disciplinary proceedings will
38 be conducted in accordance with applicable collective bargaining agree-
39 ments. When the accused is an employee of an affiliated entity or vendor
40 of the college, college or university officials will, at the request of
41 the victim/survivor, assist in reporting to the appropriate office of
42 the vendor or affiliated entity and, if the response of the vendor or
43 affiliated entity is not deemed sufficient by the college or university
44 officials, assist in obtaining a persona non grata letter, subject to
45 legal requirements and college policy;
46 h. The right to withdraw a complaint or involvement from the college
47 or university process at any time.
48 2. Each college and university shall ensure that victims and survivors
49 have information about resources, including intervention, mental health
50 counseling, and medical. The policy shall also provide information on
51 sexually transmitted infections, sexual assault forensic examinations,
52 and resources available through the office of victim services, estab-
53 lished pursuant to section six hundred twenty-two of the executive law.
54 3. Each college and university shall ensure that victims and survivors
55 have the following protections and accommodations:
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1 a. When the accused is a student, to have the college issue a "no
2 contact order," whereby continued contact with the protected individual
3 would be a violation of college or university policy subject to addi-
4 tional conduct charges; if the accused and a protected person observe
5 each other in a public place, it is the responsibility of the accused to
6 leave the area immediately and without directly contacting the protected
7 person;
8 b. To have assistance from university police or campus security or
9 other college or university officials in obtaining an order of
10 protection or, if outside of New York state, an equivalent protective or
11 restraining order;
12 c. To receive a copy of the order of protection or equivalent and have
13 an opportunity to meet or speak with a college or university official
14 who can explain the order and answer questions about it, including
15 information from the order about the accused's responsibility to stay
16 away from the protected person or persons; that burden does not rest on
17 the protected person or persons;
18 d. A right to an explanation of the consequences for violating these
19 orders, including but not limited to arrest, additional conduct charges,
20 and interim suspension;
21 e. To receive assistance from university police or campus security in
22 effecting an arrest when an individual violates an order of protection
23 or, if university police or campus security does not possess arresting
24 powers, then to call on and assist local law enforcement in effecting an
25 arrest for violating such an order;
26 f. When the accused is a student and presents a continuing threat to
27 the health and safety of the community, to subject the accused to inter-
28 im suspension pending the outcome of a conduct process;
29 g. When the accused is not a student but is a member of the college
30 community and presents a continuing threat to the health and safety of
31 the community, to subject the accused to interim measures in accordance
32 with applicable collective bargaining agreements, employee handbooks,
33 and rules and policies of the college or university;
34 h. When the accused is not a member of the college community, to have
35 assistance from university police or campus security or other college or
36 university officials in obtaining a persona non grata letter, subject to
37 applicable legal requirements and policies; and
38 i. To obtain reasonable and available interim measures and accommo-
39 dations that effect a change in academic, housing, employment, transpor-
40 tation, or other applicable arrangements in order to ensure safety,
41 prevent retaliation, and avoid an ongoing hostile environment.
42 4. Each college and university shall ensure that students participat-
43 ing in the student conduct or judicial process be afforded the following
44 rights and responsibilities:
45 a. The right to file student conduct charges against the accused.
46 Conduct proceedings are governed by the procedures set forth in college
47 or university rules as well as federal and New York state law, includ-
48 ing, where applicable, the due process provisions of the United States
49 constitution and New York state constitution.
50 b. Throughout conduct proceedings, the accused and the victim/survivor
51 shall be provided:
52 (1) The same opportunity to have access to an advisor of their choice,
53 where participation of the advisor in any proceeding shall be in compli-
54 ance with applicable federal laws and the student code of conduct.
55 (2) The right to a prompt response to any complaint and to have the
56 complaint investigated and adjudicated in an impartial, timely, and
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1 thorough manner by individuals who receive annual training in conducting
2 investigations of sexual violence, the effects of trauma, and other
3 issues related to sexual violence including but not limited to sexual
4 assault, domestic violence, dating violence, and stalking.
5 (3) The right to an investigation and process that is fair, impartial,
6 and provides a meaningful opportunity to be heard.
7 (4) The right to receive written or electronic notice of any meeting
8 or hearing they are required to or are eligible to attend.
9 (5) The right to have a conduct process run concurrently with a crimi-
10 nal justice investigation and proceeding, except for temporary delays as
11 requested by external municipal entities while law enforcement gathers
12 evidence. To comply with federal law, temporary delays should not last
13 more than ten days except when law enforcement specifically requests and
14 justifies a longer delay.
15 (6) The right to review available evidence in the case file.
16 (7) The right to a range of options for providing testimony via alter-
17 native arrangements, including telephone/videoconferencing or testifying
18 with a room partition.
19 (8) The right to exclude prior sexual history or past mental health
20 history from admittance in the college disciplinary stage that deter-
21 mines responsibility. Past sexual violence findings may be admissible in
22 the disciplinary stage that determines sanction.
23 (9) The right to ask questions of the decision maker and via the deci-
24 sion maker indirectly request responses from other parties and any other
25 witnesses present.
26 (10) The right to make an impact statement during the point of the
27 proceeding where the decision maker is deliberating on appropriate sanc-
28 tions.
29 (11) The right to simultaneous (among the parties) written or elec-
30 tronic notification of the outcome of a conduct proceeding, including
31 the sanction or sanctions.
32 (12) The right to know the sanction or sanctions that may be imposed
33 on the accused based upon the outcome of the conduct proceeding and the
34 reason for the actual sanction imposed. For students found responsible
35 for committing sexual assault, the available sanctions shall be either
36 immediate suspension with additional requirements or expulsion.
37 c. The right to choose whether to disclose or discuss the outcome of a
38 conduct hearing.
39 § 6444. Campus climate assessments. 1. Each college and university
40 shall conduct a campus climate assessment aimed at ascertaining general
41 awareness and knowledge of provisions of this article, developed using
42 standard and commonly recognized research methods, and shall conduct
43 such assessment no less than every other year.
44 2. The assessment shall include questions covering at least the
45 following topics regarding student and employee knowledge about (a) The
46 title IX coordinator's role; (b) Campus policies and procedures address-
47 ing sexual assault; (c) How and where to report sexual violence as a
48 victim, survivor or witness; (d) The availability of resources on and
49 off campus, such as counseling, health, and academic assistance; (e) The
50 prevalence of victimization and perpetration of sexual assault, domestic
51 violence, dating violence, and stalking on and off campus during a set
52 time period; (f) Bystander attitudes and behavior; and (g) Whether
53 victims and survivors reported to the college or university and/or
54 police, and reasons why they did or did not report.
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1 3. Each college and university shall take steps to ensure that answers
2 to such assessments remain anonymous and no individual respondent is
3 identified.
4 4. Each college and university shall publish detailed results of such
5 surveys on their Internet website provided that no personally identifi-
6 able information or information which can reasonably lead a reader to
7 identify an individual respondent shall be shared.
8 5. Nothing in this section shall be subject to discovery or admitted
9 into evidence in a federal or state court proceeding or considered for
10 other purposes in any action for damages brought by a private party
11 against a college or university.
12 § 6445. Options for confidential disclosure. In accordance with the
13 victim/survivor bill of rights set forth in section sixty-four hundred
14 forty-two of this article, each college and university shall ensure that
15 victims and survivors have the following information: (a) information
16 regarding privileged and confidential resources they may contact regard-
17 ing violence; (b) information about non-professional counselors and
18 advocates they may contact regarding violence; (c) a plain language
19 explanation of the differences between privacy and confidentiality; (d)
20 information about how the college or university will weigh a request for
21 confidentiality and respond to such a request. Such information shall at
22 minimum include that if a victim/survivor discloses an incident to a
23 college or university employee who is responsible for responding to or
24 reporting sexual violence or sexual harassment, but wishes to maintain
25 confidentiality or does not consent to the institution's request to
26 initiate an investigation, the title IX coordinator must weigh the
27 request against the college or university's obligation to provide a
28 safe, non-discriminatory environment for all members of its community.
29 The college or university will assist with academic, housing, transpor-
30 tation, employment, and other reasonable and available accommodations
31 regardless of reporting choices. The college or university may take
32 proactive steps, such as training or awareness efforts, to combat sexual
33 violence in a general way that does not identify those who disclose or
34 the information disclosed. The college or university may seek consent
35 from those who disclose prior to conducting an investigation. Declining
36 to consent to an investigation will be honored unless the college or
37 university determines in good faith that failure to investigate does not
38 adequately mitigate a potential risk of harm to the disclosing person or
39 other members of the community. Honoring such a request may limit the
40 college or university's ability to meaningfully investigate and pursue
41 conduct action against an accused individual. If the college or univer-
42 sity determines that an investigation is required, it will notify the
43 disclosing person and take immediate action as necessary to protect and
44 assist them. Factors used to determine whether to honor a confidentiali-
45 ty request include, but are not limited to: (1) Whether the accused has
46 a history of violent behavior or is a repeat offender; (2) Whether the
47 incident represents escalation in unlawful conduct on behalf of the
48 accused from previously noted behavior; (3) The increased risk that the
49 accused will commit additional acts of violence; (4) Whether the accused
50 used a weapon or force; (5) Whether the victim/survivor is a minor; and
51 (6) Whether the college or university possesses other means to obtain
52 evidence such as security footage, and whether available information
53 reveals a pattern of perpetration at a given location or by a particular
54 group; (e) information about public awareness and advocacy events,
55 including guarantees that if an individual discloses information through
56 a public awareness event such as candlelight vigils, protests, or other
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1 public event, the college or university is not obligated to begin an
2 investigation based on such information. The college or university may
3 use the information provided at such an event to inform its efforts for
4 additional education and prevention efforts; (f) information about meth-
5 ods to anonymously disclose including but not limited to information on
6 relevant confidential hotlines provided by New York state agencies and
7 not-for-profit entities; (g) information regarding institutional crime
8 reporting including but not limited to: reports of certain crimes occur-
9 ring in specific geographic locations that shall be included in the
10 college or university annual security report pursuant to the clery act,
11 20 U.S.C. 1092(f), in an anonymized manner that neither identifies the
12 specifics of the crime or the identity of the victim/survivor; that the
13 college or university is obligated to issue timely warnings of crimes
14 enumerated in the clery act occurring within relevant geography that
15 represent a serious or continuing threat to students and employees,
16 except in those circumstances where issuing such a warning may compro-
17 mise current law enforcement efforts or when the warning itself could
18 potentially identify the victim/survivor; that a victim or survivor
19 shall not be identified in a timely warning; that the family educational
20 rights and privacy act, 20 U.S.C. 1232(g), allows institutions to share
21 information with parents when (1) there is a health or safety emergency,
22 or (2) when the student is a dependent on either parent's prior year
23 federal income tax return, and that generally, the college or university
24 shall not share information about a report of sexual violence with
25 parents without the permission of the victim/survivor.
26 § 6446. Student onboarding and ongoing education. 1. Each college and
27 university shall adopt a comprehensive student onboarding and ongoing
28 education campaign to educate members of the college or university
29 community about sexual assault, domestic violence, dating violence and
30 stalking, in compliance with applicable federal laws, including the
31 clery act as amended by the violence against women act reauthorization
32 of 2013, 20 U.S.C. 1092(f).
33 2. Included in this campaign it shall be a requirement that all new
34 first-year and transfer students shall, during the course of their
35 onboarding to their college or university, receive training on the
36 following topics, using a method and manner appropriate to the institu-
37 tional culture of each college or university: (a) The college or univer-
38 sity prohibits sexual harassment, including sexual violence, other
39 violence or threats of violence, and will offer resources to any victims
40 and survivors of such violence while taking administrative and conduct
41 action regarding any accused individual within the jurisdiction of the
42 college or university; (b) Relevant definitions including, but not
43 limited to, the definitions of sexual violence and consent; (c) Policies
44 apply equally to all students regardless of sexual orientation, gender
45 identity, or gender expression; (d) The role of the title IX coordina-
46 tor, university police or campus security, and other relevant offices
47 that address sexual violence prevention and response; (e) Awareness of
48 violence, its impact on victims and survivors and their friends and
49 family, and its long-term impact; (f) The policies required by sections
50 sixty-four hundred forty-three and sixty-four hundred forty-four of this
51 article, including: (1) How to report sexual violence and other crimes
52 confidentially to college or university officials, campus law enforce-
53 ment and security, and local law enforcement; and (2) How to obtain
54 services and support; (g) Bystander intervention and the importance of
55 taking action, when one can safely do so, to prevent violence; (h) The
56 protections of the policy for alcohol and/or drug use amnesty in sexual
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1 violence cases as outlined in section sixty-four hundred forty-one of
2 this article; (i) Risk assessment and reduction including, but not
3 limited to, steps that potential victims and survivors and bystanders
4 can take to lower the incidence of sexual violence; and (j) Consequences
5 and sanctions for individuals who commit these crimes.
6 3. Each college and university shall conduct these trainings for all
7 new students, whether first-year or transfer, undergraduate, graduate,
8 or professional.
9 4. Each college and university shall use multiple methods to educate
10 students about violence prevention and will also share information on
11 sexual violence prevention with parents of enrolling students.
12 5. Each college and university shall offer to all students general and
13 specialized training in sexual violence prevention. Each college and
14 university shall conduct a campaign, compliant with the requirements of
15 the violence against women act, 20 U.S.C. 1092(f), to educate the
16 student population. Further, each college and university shall, as
17 appropriate, provide or expand specific training to include groups such
18 as international students, students that are also employees, leaders and
19 officers of registered or recognized student organizations, and online
20 and distance education students. Each college and university shall also
21 provide specific training to members of groups identified as likely to
22 engage in high-risk behavior.
23 6. Each college and university shall require that student leaders and
24 officers of student organizations recognized by or registered with the
25 college or university, as well as those seeking recognition by the
26 college or university, complete training on sexual violence prevention
27 as part of the approval process, and each college and university shall
28 require that student-athletes complete training on sexual violence
29 prevention prior to participating in intercollegiate athletic competi-
30 tion.
31 7. Methods of training and educating students may include, but are not
32 limited to: (a) President's welcome messaging; (b) Peer theater and peer
33 educational programs; (c) Online training; (d) Social media outreach;
34 (e) First-year seminars and transitional courses; (f) Course syllabi;
35 (g) Faculty teach-ins; (h) Institution-wide reading programs; (i) Post-
36 ers, bulletin boards, and other targeted print and email materials; (j)
37 Programming surrounding large recurring campus events; (k) Partnering
38 with neighboring colleges and universities to offer training and educa-
39 tion; (l) Partnering with state and local community organizations that
40 provide outreach, support, crisis intervention, counseling and other
41 resources to victims and survivors of crimes to offer training and
42 education; and (m) Outreach and partnering with local businesses that
43 attract students to advertise and educate about these policies.
44 8. Each college and university must engage in an occasional assessment
45 of its program and policies established pursuant to provisions of this
46 article, in order to determine effectiveness and relevance for students,
47 by either assessing its own programming or by conducting a review of
48 policies of other colleges and universities and published studies.
49 § 6447. Privacy in legal challenges to conduct findings. In any
50 proceeding brought against a college or university chartered by the
51 regents or incorporated by special act of the legislature and which
52 maintains a campus, challenging a finding that a student was responsible
53 for a violation of the college or university rules, the pleadings and
54 other papers of such a proceeding shall not name or provide identifying
55 information about testifying witnesses (including a victim or survivor
56 of a crime) with the exception of the petitioner, individuals testifying
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1 in their professional or expert capacity, and witnesses who waive this
2 right to privacy in a notarized instrument presented to the court.
3 Witnesses shall be identified only as numbered witnesses.
4 § 2. This act shall take effect immediately; provided, however, that
5 sections sixty-four hundred thirty-nine, sixty-four hundred forty,
6 sixty-four hundred forty-one, sixty-four hundred forty-three, sixty-four
7 hundred forty-five, and sixty-four hundred forty-six of article 29-B of
8 the education law, as added by section one of this act, shall take
9 effect on the one hundred eightieth day after it shall have become a
10 law; sections sixty-four hundred forty-two and sixty-four hundred
11 forty-seven of article 29-B of the education law, as added by section
12 one of this act, shall take effect on the sixtieth day after it shall
13 have become a law, and section sixty-four hundred forty-four of article
14 29-B of the education law, as added by section one of this act, shall
15 take effect on the four hundred twenty-fifth day after it shall have
16 become a law.
