Rozic, Brown E, Barclay, Eichenstein, Stern, Miller, Giglio JA, Walsh, Gandolfo, Durso, Jensen,
McDonough, Brabenec, Reilly, Brown K, Palmesano, Giglio JM, Mikulin, Simpson, Novakhov, Angelino,
Friend, Bendett, Beephan, Lemondes, Manktelow, Morinello, Chang, Gallahan, Flood, Byrnes,
DeStefano, Slater, Smith
MLTSPNSR
Add §6436-a, Ed L
Enacts the "dismantling student antisemitism act", or "DSA act"; requires mandatory sensitivity training that includes the topic of antisemitism; includes reporting requirements regarding antisemitism complaints and disciplinary processes.
STATE OF NEW YORK
________________________________________________________________________
8279
2023-2024 Regular Sessions
IN ASSEMBLY
November 27, 2023
___________
Introduced by M. of A. RA -- read once and referred to the Committee on
Higher Education
AN ACT to amend the education law, in relation to establishing the
"dismantling student antisemitism act"
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Short title. This act shall be known and may be cited as
2 the "dismantling student antisemitism act" or "DSA act".
3 § 2. The education law is amended by adding a new section 6436-a to
4 read as follows:
5 § 6436-a. Dismantling student antisemitism act. 1. The chancellors of
6 the city university of New York and state university of New York, and
7 all presidents of accredited higher education institutions, shall:
8 (a) amend current policies and procedures which require all college
9 and university administrators, faculty, staff and students to attend
10 sensitivity training seminars, to include training pertaining to antise-
11 mitism;
12 (b) establish, and implement on an ongoing basis, a training program
13 for all current and new employees regarding the policies and procedures
14 established pursuant to this section;
15 (c) consult with an expert in the areas of antisemitism awareness,
16 prevention, and Jewish history and culture to conduct the sensitivity
17 training described in paragraph (a) of this subdivision;
18 (d) provide information pertaining to such policies and procedures to
19 the department;
20 (e) make such information available to the public, including alumni,
21 regarding who to contact with questions regarding this policy and how to
22 report violations of this policy;
23 (f) ensure that appropriate investigation is made into complaints of
24 hate and discrimination related to antisemitism and that discipline is
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD13533-02-3
A. 8279 2
1 imposed for such behavior in accordance with each entity's policies and
2 processes; and
3 (g) maintain records to ensure compliance with annual training,
4 reporting, and alternative supervision requirements.
5 2. The chancellors of the city university of New York and state
6 university of New York, and all presidents of accredited higher educa-
7 tion institutions shall adopt and publish a uniform hate and discrimi-
8 nation policy statement related to antisemitism. Each such institution
9 shall publish such policy statement on its website.
10 3. (a) The chancellors of the city university of New York and state
11 university of New York, and all presidents of accredited higher educa-
12 tion institutions shall record incidents of hate and discrimination
13 related to antisemitism on all campuses throughout the academic year and
14 submit an aggregated report of these incidents to the department by July
15 first of each year. Such report shall include, but not be limited to:
16 (i) the number of such incidents that were reported;
17 (ii) the number of reporting individuals who sought the institution's
18 judicial or conduct process;
19 (iii) the number of cases processed through the institution's judicial
20 or conduct process;
21 (iv) the number of respondents who were found responsible through the
22 institution's judicial or conduct process;
23 (v) the number of respondents who were found not responsible through
24 the institution's judicial or conduct process;
25 (vi) a description of the final sanctions imposed by the institution
26 for each incident for which a respondent was found responsible through
27 the institution's judicial or conduct process, as provided for in
28 subparagraph (iv) of this paragraph;
29 (vii) the number of cases in the institution's judicial or conduct
30 process that were closed prior to a final determination after the
31 respondent withdrew from the institution and declined to complete the
32 disciplinary process; and
33 (viii) the number of cases in the institution's judicial or conduct
34 process that were closed prior to a final determination because the
35 complaint was withdrawn by the reporting individual.
36 (b) Such report shall:
37 (i) not reflect personal information, as provided for in paragraph (a)
38 of this subdivision, if, in the best judgment of the department, it
39 would compromise the confidentiality of reporting individuals or any
40 other party;
41 (ii) be delivered by the department to the governor, the temporary
42 president of the senate, the speaker of the assembly, and the minority
43 leaders of the assembly and senate by December thirty-first of each
44 year; and
45 (iii) be made publicly available by the department and all accredited
46 higher education institutions each year.
47 § 3. This act shall take effect immediately.
