Cook, Williams, Hyndman, Miller M, Weprin, Simon, Gottfried, Dickens, Galef, Barron, Lavine, Rivera
J, Bichotte Hermelyn, Seawright, Colton, Fahy
MLTSPNSR
Add Art 129-C §§6450 - 6450-b, Ed L
Requires 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; requires publication of certain information.
STATE OF NEW YORK
________________________________________________________________________
5173
2021-2022 Regular Sessions
IN ASSEMBLY
February 11, 2021
___________
Introduced by M. of A. PAULIN, COOK, WILLIAMS, HYNDMAN, M. MILLER,
WEPRIN, SIMON, GOTTFRIED, DICKENS, GALEF, BARRON, LAVINE, J. RIVERA,
BICHOTTE HERMELYN, SEAWRIGHT, COLTON, FAHY -- 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 Assem-bly, do enact as follows:
1 Section 1. The education law is amended by adding a new article 129-C
2 to read as follows:
3 ARTICLE 129-C
4 REPORTING OF CERTAIN EMPLOYEES
5 Section 6450. Definitions.
6 6450-a. Reporting to the department by institutions.
7 6450-b. Publishing of certain information on the department's
8 website.
9 § 6450. Definitions. As used in this article, the following terms
10 shall have the following meanings:
11 1. "Domestic violence", "dating violence", "stalking", "sexual
12 assault" and "sexual harassment" shall be defined by each institution in
13 its code of conduct in a manner consistent with applicable federal defi-
14 nitions.
15 2. "Institution" shall mean any college or university chartered by the
16 regents or incorporated by special act of the legislature that maintains
17 a campus in New York.
18 3. "Investigation" shall refer to the process used to resolve
19 complaints about sexual violence and harassment in the forms of domestic
20 violence, dating violence, stalking, sexual assault, and sexual harass-
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD01969-01-1
A. 5173 2
1 ment. This includes the fact-finding investigation and any hearing and
2 decision-making process used to determine: (a) whether the conduct
3 occurred; and (b) if the conduct occurred, what actions will be taken to
4 end the sexual violence, eliminate the hostile environment, and prevent
5 its recurrence, which may include imposing sanctions on the perpetrator
6 and providing remedies for the complainant and broader student popu-
7 lation. The investigation must be adequate, reliable, impartial, and
8 prompt (Title IX of the Education Amendments of 1972 ("Title IX"), 20
9 U.S.C. § 1681 et seq.). It may include the judicial or conduct process,
10 as described in article one hundred twenty-nine-B of this chapter.
11 4. "Respondent" shall mean a person accused of a violation of sexual
12 violence or harassment that has entered an investigation process.
13 § 6450-a. Reporting to the department by institutions. Upon completion
14 of an investigation, of the cases where the respondent is an employee of
15 an institution, institutions shall provide the department with the
16 following information:
17 1. the names of the respondents who were found responsible for the
18 sexual violence or sexual harassment conduct through the investigation
19 process;
20 2. the year the investigation was completed; and
21 3. the name of the institution that was the place of work for the
22 respondent when the investigation or settlement occurred.
23 § 6450-b. Publishing of certain information on the department's
24 website. 1. Following receipt of reporting required pursuant to section
25 sixty-four hundred fifty-a of this article, the department shall publish
26 on its website a database of respondents who were found responsible
27 through an investigation process.
28 2. Such a database shall include:
29 a. the name of the respondent;
30 b. the year the investigation was completed; and
31 c. the name of the institution that completed the investigation.
32 3. If a respondent was not found responsible due to a settlement or
33 similar agreement with the institution, the database referenced in
34 subdivision two of this section shall include the information required
35 by paragraphs a, b and c of such subdivision.
36 4. In the case of a settlement or similar agreement, the database
37 shall also include a statement that the investigation was not complete
38 due to a settlement or similar agreement.
39 § 2. This act shall take effect immediately.
