Bill Text: NY A03639 | 2019-2020 | General Assembly | Introduced

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Bill Title: 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.

Spectrum: Partisan Bill (Democrat 22-1)

Status: (Introduced - Dead) 2020-01-08 - referred to higher education [A03639 Detail]

Download: New_York-2019-A03639-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3639
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 30, 2019
                                       ___________
        Introduced  by M. of A. PAULIN, JAFFEE, COOK, MOSLEY, WILLIAMS, HYNDMAN,
          M. G. MILLER, ORTIZ, D'URSO, WEPRIN, SIMON, GOTTFRIED, DICKENS, GALEF,
          CROUCH, BARRON, LAVINE, RIVERA, BICHOTTE, SEAWRIGHT, ARROYO,  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.
                                                                   LBD01504-01-9
        A. 3639                             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.