Senate Bill S3459

2019-2020 Legislative Session

Requires reporting of employees of colleges and universities found responsible for sexual assault, dating violence, domestic violence, stalking, or sexual harassment

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Archive: Last Bill Status - In Senate Committee Higher Education Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 08, 2020	referred to higher education
Feb 07, 2019	referred to higher education

co-Sponsors

2019-S3459 (ACTIVE) - Details

See Assembly Version of this Bill:: A3639
Current Committee:: Senate Higher Education
Law Section:: Education Law
Laws Affected:: Add Art 129-C §§6450 - 6450-b, Ed L
Versions Introduced in Other Legislative Sessions:: 2017-2018: A10021
2021-2022: A5173

2019-S3459 (ACTIVE) - Summary

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.

2019-S3459 (ACTIVE) - Sponsor Memo

                                
 
BILL NUMBER: S3459

SPONSOR: BIAGGI
 
TITLE OF BILL:  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 harass-
ment; and requires publication of certain information

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill is related to any employee of any institution, a college or
university chartered by the regents or incorporated by special act of
the legislature that maintains a campus in New York. This bill estab-
lishes an online database of employee respondents of claims of sexual
violence and sexual harassment, as defined by federal language, who were
found responsible through the institution investigation process. This
database will contain no identifiable information regarding the person
who filed the claim.

 
SUMMARY OF SPECIFIC PROVISIONS:

This act amends the education law by adding a new article 129-C.

Section one adds a new section 6450, which provides definitions.

A new section 6450-A is added to establish reporting procedures for
colleges and universities to report to the department of education accu-
sations of sexual violence and sexual harassment, where the respondent
was an employee and the accused was found responsible through the inves-
tigation process.

Section 6450-8 is added to require that the department of education
shall publish on the department of education website a database of
respondents who were found responsible through the investigation proc-
ess.

Section two provides the effective date.

 
JUSTIFICATION:

Under federal Title IX, schools and universities are obligated to
respond to allegations of sexual violence and harassment. Reporting
individuals are protected from retaliation as a result of their accusa-
tion, and their confidentiality is upheld if at all possible.

In 2015, the New York State education law was amended to add Article
129-b, which enhances the goals of Title IX to support victims of sexual
violence and sexual assault to seek justice through their institution's
investigation process, separate from the formal police and, court
system.

Title IX and New York Article129-b ensure confidentiality of the report-
ing individuals. Many schools have interpreted this to mean that no
information about the investigation should be released.  Because of
this, respondents of sexual violence and harassment who were found
responsible through an institution's investigation process are able to
remain confidential.

In instances where the respondent is an employee, findings of responsi-
bility often result in some sort of action by the institution, in the
form of forced resignation, demotion, etc. This is thought to solve the
immediate issue of preventing the employee from interacting with the
reporting individual and with other members of the institution.

However, because confidentiality is often extended to the respondent,
these employees are then able to seek employment at other institutions,
without the new institutions being cognizant of the accusations or
results of the investigation. Likewise, students at the new institution
will have no knowledge of the investigation at the prior institution. In
cases where an employee remains on campus, students are never aware that
the employee was found responsible for sexual violence or sexual harass-
ment and are unable to protect themselves.

This act establishes an online database of employee respondents of
claims of sexual violence and sexual harassment, who were found respon-
sible through the institution's investigation process. This database
will contain no identifiable information regarding the person who filed
the claim. As a result, confidentiality of the reporting individual will
not be breached, and the public will be informed about the results of
institution investigations. Through this database, students will be
better protected from any potential future incidents of sexual violence
or sexual harassment.

 
PRIOR LEGISLATIVE HISTORY:

None

 
FISCAL IMPLICATION:

None to the state.

 
EFFECTIVE DATE:
This act shall take effect immediately.

2019-S3459 (ACTIVE) - Bill Text download pdf

                            
 
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   3459
 
                        2019-2020 Regular Sessions
 
                             I N  S E N A T E
 
                             February 7, 2019
                                ___________
 
 Introduced  by  Sen.  BIAGGI -- read twice and ordered printed, and when
   printed to be committed 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  USED  TO  RESOLVE
 COMPLAINTS ABOUT SEXUAL VIOLENCE AND HARASSMENT IN THE FORMS OF DOMESTIC
 VIOLENCE, DATING VIOLENCE, STALKING, SEXUAL ASSAULT, AND SEXUAL  HARASS-
 MENT.  THIS  INCLUDES THE FACT-FINDING INVESTIGATION AND ANY HEARING AND
 DECISION-MAKING PROCESS USED  TO  DETERMINE:  (A)  WHETHER  THE  CONDUCT
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD01504-01-9

 S. 3459                             2
 
 OCCURRED; AND (B) IF THE CONDUCT OCCURRED, WHAT ACTIONS WILL BE TAKEN TO
 END  THE SEXUAL VIOLENCE, ELIMINATE THE HOSTILE ENVIRONMENT, AND PREVENT
 ITS RECURRENCE, WHICH MAY INCLUDE IMPOSING SANCTIONS ON THE  PERPETRATOR
 AND  PROVIDING  REMEDIES  FOR  THE COMPLAINANT AND BROADER STUDENT POPU-
 LATION. 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 INVESTIGATION PROCESS.
   § 6450-A. REPORTING TO THE DEPARTMENT BY INSTITUTIONS. UPON COMPLETION
 OF AN 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 FOR THE
 SEXUAL VIOLENCE OR SEXUAL HARASSMENT CONDUCT THROUGH  THE  INVESTIGATION
 PROCESS;
   2. THE YEAR THE INVESTIGATION WAS COMPLETED; AND
   3.  THE  NAME  OF  THE  INSTITUTION THAT WAS THE PLACE OF WORK FOR THE
 RESPONDENT WHEN THE INVESTIGATION OR SETTLEMENT OCCURRED.
   § 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 INVESTIGATION PROCESS.
   2. SUCH A DATABASE SHALL INCLUDE:
   A. THE NAME OF THE RESPONDENT;
   B. THE YEAR THE INVESTIGATION WAS COMPLETED; AND
   C. THE NAME OF THE INSTITUTION THAT COMPLETED THE INVESTIGATION.
   3.  IF  A  RESPONDENT WAS NOT FOUND RESPONSIBLE DUE TO A SETTLEMENT OR
 SIMILAR AGREEMENT WITH  THE  INSTITUTION,  THE  DATABASE  REFERENCED  IN
 SUBDIVISION  TWO  OF THIS SECTION SHALL INCLUDE THE INFORMATION REQUIRED
 BY PARAGRAPHS A, B AND C OF SUCH SUBDIVISION.
   4. IN THE CASE OF A SETTLEMENT  OR  SIMILAR  AGREEMENT,  THE  DATABASE
 SHALL  ALSO  INCLUDE A STATEMENT THAT THE INVESTIGATION WAS NOT COMPLETE
 DUE TO A SETTLEMENT OR SIMILAR AGREEMENT.
   § 2. This act shall take effect immediately.

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Senate Bill S3459

Sponsored By

Archive: Last Bill Status - In Senate Committee Higher Education Committee

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co-Sponsors

2019-S3459 (ACTIVE) - Details

2019-S3459 (ACTIVE) - Summary

2019-S3459 (ACTIVE) - Sponsor Memo

2019-S3459 (ACTIVE) - Bill Text download pdf

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Sponsored By

Alessandra Biaggi

Archive: Last Bill Status - In Senate Committee Higher Education Committee

Actions

co-Sponsors

David Carlucci

Andrew Gounardes

Brad Hoylman-Sigal

Julia Salazar

2019-S3459 (ACTIVE) - Details

2019-S3459 (ACTIVE) - Summary

2019-S3459 (ACTIVE) - Sponsor Memo

2019-S3459 (ACTIVE) - Bill Text download pdf

Comments