Assembly Bill A5148

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  5148

                       2015-2016 Regular Sessions

                          I N  A S S E M B L Y

                            February 12, 2015
                               ___________

Introduced by M. of A. WALKER -- read once and referred to the Committee
  on Higher Education

AN  ACT  to  amend  the education law, in relation to documenting campus
  sexual assault and related complaints at SUNY and CUNY institutions

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1. Section 6433 of the education law, as added by chapter 597
of the laws of 2003, is amended to read as follows:
  S 6433. Campus crime reporting and statistics.  1. Each  college  that
receives state aid shall indicate in their campus catalog, student hand-
book  and  viewbook  how  to access the campus crime statistics that are
filed annually  with  the  United  States  Department  of  Education  as
required  under  Title 20 of the U.S. Code Section 1092(f). Every campus
catalog, student handbook and viewbook shall state  that  "The  Advisory
Committee  on  Campus  Safety will provide upon request all campus crime
statistics as reported to the United States Department of Education."
  The information in the campus catalog, student handbook  and  viewbook
shall  include  the  United  States  Department  of Education's web site
address for campus crime statistics and a  campus  phone  number  for  a
designated  college  campus  contact  who  is authorized to provide such
statistics for that college. Whenever an individual requests such campus
crime statistics, the college shall provide a hard copy  mailed  to  the
individual  within  ten  days  of  the request and that information will
include all of the statistics that the campus is required  to  ascertain
under Title 20 of the U.S. Code Section 1092(f).
  2.  The  president  or  chief  administrative  officer of each college
shall, working with the advisory committee on campus safety, take  steps
to  inform  students  and  prospective  students of the existence of the
campus crime statistics on an annual basis and other campus safety poli-
cies and procedures of the school.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07007-01-5

              

A. 5148                             2

  3. THE PRESIDENT OR ADMINISTRATIVE  OFFICER  OF  EACH  SUNY  AND  CUNY
INSTITUTION SHALL APPOINT OR DESIGNATE AN EMPLOYEE WITH AT LEAST A BACH-
ELOR'S DEGREE IN NURSING, PSYCHOLOGY OR SOCIAL WORK WHO SHALL BE RESPON-
SIBLE  FOR COORDINATING COMPLIANCE WITH TITLE IX OF THE EDUCATION AMEND-
MENTS  OF  1972  (20 U.S.C. SECTION 1681, ET.  SEQ.) AND TITLE 20 OF THE
U.S. CODE SECTION 1092(F), AND CREATING  AND/OR  MANAGING  A  SEARCHABLE
DATABASE  CATALOGUING  THE  STATUS  OF ALL COMPLAINTS, REVIEWS, INVESTI-
GATIONS, AND RESOLUTIONS BROUGHT TO SUCH INSTITUTION'S  ATTENTION  UNDER
THESE  PROVISIONS.  SUCH DATABASE SHALL BE MADE AVAILABLE ON THE STUDENT
LIFE WEB PAGE OF EVERY SUNY AND CUNY INSTITUTION, AND SHALL BE  ACCESSI-
BLE  BY AN ACTIVE LINK FROM SUCH INSTITUTION'S HOME PAGE BETWEEN SEPTEM-
BER FIRST AND MAY FIRST OF EACH YEAR.
  4. THE CHANCELLOR OF THE STATE UNIVERSITY OF NEW YORK SHALL DEVELOP  A
STANDARDIZED, ANONYMOUS SURVEY OF INCIDENCES OF ON-CAMPUS SEXUAL ASSAULT
THAT SHALL BE DISTRIBUTED TO EACH SUNY INSTITUTION AND SHALL BE ADMINIS-
TERED  BY SUCH INSTITUTIONS EACH MID-SEMESTER.  FOR THE PURPOSES OF THIS
SUBDIVISION, "SEXUAL ASSAULT" SHALL MEAN ANY SEX OFFENSE IN ARTICLE  ONE
HUNDRED THIRTY OF THE PENAL LAW.
  5.  THE  CHANCELLOR OF THE CITY UNIVERSITY OF NEW YORK SHALL DEVELOP A
STANDARDIZED, ANONYMOUS SURVEY OF INCIDENCES OF ON-CAMPUS SEXUAL ASSAULT
THAT SHALL BE DISTRIBUTED TO EACH CUNY INSTITUTION AND SHALL BE ADMINIS-
TERED BY SUCH INSTITUTIONS EACH MID-SEMESTER.  FOR THE PURPOSES OF  THIS
SUBDIVISION,  "SEXUAL ASSAULT" SHALL MEAN ANY SEX OFFENSE IN ARTICLE ONE
HUNDRED THIRTY OF THE PENAL LAW.
  6. FAILURE OF A SUNY OR CUNY INSTITUTION TO COMPLY WITH THE PROVISIONS
OF THIS SECTION SHALL RESULT IN THE  SUSPENSION  OF  ADMINISTRATIVE  AND
OPERATIONS  FUNDS CONTRIBUTED BY THE STATE PROVIDED, HOWEVER, THAT IN NO
CASE SHALL SUCH SUSPENSION RESULT IN A REDUCTION OR IN  ANY  WAY  AFFECT
THE  PORTION OF SUCH INSTITUTION'S BUDGET ALLOCATED FOR STUDENT SERVICES
AND ALL FACULTY SALARY.
  S 2. This act shall take effect on the sixtieth  day  after  it  shall
have become a law.