Assembly Bill A10021

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   10021
 
                           I N  A S S E M B L Y
 
                               March 7, 2018
                                ___________
 
 Introduced by M. of A. PAULIN -- 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:
 
   Section 1. The education law is amended by adding a new article  129-C
 to read as follows:
                               ARTICLE 129-C
                      REPORTING OF CERTAIN EMPLOYEES
 
 SECTION 6450. DEFINITIONS.
         6450-A. REPORTING TO THE DEPARTMENT BY INSTITUTIONS.
         6450-B. PUBLISHING  OF  CERTAIN  INFORMATION ON THE DEPARTMENT'S
                   WEBSITE.
   § 6450. DEFINITIONS. AS USED IN  THIS  ARTICLE,  THE  FOLLOWING  TERMS
 SHALL HAVE THE FOLLOWING MEANINGS:
   1.   "DOMESTIC   VIOLENCE",  "DATING  VIOLENCE",  "STALKING"  ,"SEXUAL
 ASSAULT" AND "SEXUAL HARASSMENT" SHALL BE DEFINED BY EACH INSTITUTION IN
 ITS CODE OF CONDUCT IN A MANNER CONSISTENT WITH APPLICABLE FEDERAL DEFI-
 NITIONS.
   2. "INSTITUTION" SHALL MEAN ANY COLLEGE OR UNIVERSITY CHARTERED BY THE
 REGENTS OR INCORPORATED BY SPECIAL ACT OF THE LEGISLATURE THAT MAINTAINS
 A CAMPUS IN NEW YORK.
   3. "INVESTIGATION" SHALL REFER TO THE PROCESS THE INSTITUTION USES  TO
 RESOLVE  COMPLAINTS ABOUT SEXUAL VIOLENCE AND HARASSMENT IN THE FORMS OF
 DOMESTIC VIOLENCE, DATING VIOLENCE, STALKING, SEXUAL ASSAULT, AND SEXUAL
 HARASSMENT. THIS INCLUDES THE FACT-FINDING INVESTIGATION AND ANY HEARING
 AND DECISION-MAKING PROCESS  THE  INSTITUTION  USES  TO  DETERMINE:  (A)
 WHETHER  OR  NOT  THE CONDUCT OCCURRED; AND (B) IF THE CONDUCT OCCURRED,
 WHAT ACTIONS THE SCHOOL WILL TAKE TO END THE SEXUAL VIOLENCE,  ELIMINATE
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
              

                       [ ] is old law to be omitted.
                                                            LBD15007-01-8

 A. 10021                            2
 
 THE  HOSTILE  ENVIRONMENT, AND PREVENT ITS RECURRENCE, WHICH MAY INCLUDE
 IMPOSING SANCTIONS ON THE PERPETRATOR AND  PROVIDING  REMEDIES  FOR  THE
 COMPLAINANT  AND  BROADER  STUDENT POPULATION. THE INVESTIGATION MUST BE
 ADEQUATE,  RELIABLE,  IMPARTIAL,  AND  PROMPT (TITLE IX OF THE EDUCATION
 AMENDMENTS OF 1972 ("TITLE IX"), 20 U.S.C.  §  1681  ET  SEQ.).  IT  MAY
 INCLUDE  THE  JUDICIAL  OR  CONDUCT PROCESS, AS DESCRIBED IN ARTICLE ONE
 HUNDRED TWENTY-NINE-B OF THIS CHAPTER.
   4. "RESPONDENT" SHALL MEAN A PERSON ACCUSED OF A VIOLATION  OF  SEXUAL
 VIOLENCE  OR  HARASSMENT THAT HAS ENTERED AN INSTITUTION'S INVESTIGATION
 PROCESS.
   § 6450-A. REPORTING TO THE DEPARTMENT BY INSTITUTIONS. UPON COMPLETION
 OF AN INSTITUTION'S INVESTIGATION, OF THE CASES WHERE THE RESPONDENT  IS
 AN EMPLOYEE OF AN INSTITUTION, INSTITUTIONS SHALL PROVIDE THE DEPARTMENT
 WITH THE FOLLOWING INFORMATION:
   1.  THE  NAMES  OF  THE  RESPONDENTS WHO WERE FOUND RESPONSIBLE OF THE
 SEXUAL VIOLENCE OR SEXUAL HARASSMENT CONDUCT THROUGH  THE  INSTITUTION'S
 INVESTIGATION PROCESS;
   2. THE YEAR THE INSTITUTION'S INVESTIGATION WAS COMPLETED; AND
   3. THE NAME OF THE INSTITUTION THAT COMPLETED THE INVESTIGATION.
   §  6450-B.  PUBLISHING  OF  CERTAIN  INFORMATION  ON  THE DEPARTMENT'S
 WEBSITE. 1. FOLLOWING RECEIPT OF REPORTING REQUIRED PURSUANT TO  SECTION
 SIXTY-FOUR HUNDRED FIFTY-A OF THIS ARTICLE, THE DEPARTMENT SHALL PUBLISH
 ON  ITS  WEBSITE  A  DATABASE  OF RESPONDENTS WHO WERE FOUND RESPONSIBLE
 THROUGH AN INSTITUTION'S INVESTIGATION PROCESS.
   2. SUCH A DATABASE SHALL INCLUDE:
   A. THE NAME OF THE RESPONDENT;
   B. THE YEAR THE INSTITUTION'S INVESTIGATION WAS COMPLETED; AND
   C. THE NAME OF THE INSTITUTION THAT COMPLETED THE INVESTIGATION.
   § 2. This act shall take effect immediately.