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This entry was published on 2017-08-18
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SECTION 6434
Investigation of crimes and crime reporting
Education (EDN) CHAPTER 16, TITLE 7, ARTICLE 129-A
§ 6434. Investigation of crimes and crime reporting. 1. Each college
shall adopt and implement a plan providing for the investigation of any
violent felony offense occurring at or on the grounds of each such
institution, and providing for the investigation of a report of any
missing student. Such plans shall provide for the coordination of the
investigation of such crimes and reports with local law enforcement
agencies. Such plans shall include, but not be limited to, written
agreements with appropriate local law enforcement agencies providing for
the prompt investigation of such crimes and reports and a requirement
that the institution shall notify the appropriate law enforcement agency
as soon as practicable but in no case more than twenty-four hours after
a report of a violent felony or that a student who resides in housing
owned or operated by such institution is missing; provided that each
institution shall: (1) inform each victim of a sexual offense of their
options to notify proper law enforcement authorities, including
on-campus and local police; (2) inform the victim of a sexual offense of
the right to report or not to report such offense to local law
enforcement agencies; and (3) offer the option to be assisted by campus
authorities in notifying such authorities, if the victim of sexual
assault so chooses, all in compliance with applicable federal law,
including, but not limited to, the federal Campus Sexual Assault
Victims' Bill of Rights under Title 20 U.S. Code Section 1092(f).

2. As used in this section, the following terms shall have the
following meanings:

a. "Local law enforcement agencies" means any agency or agencies
employing peace officers or police officers for the enforcement of the
laws of the state, and which has or have jurisdiction under provisions
of the criminal procedure law over offenses occurring at or on the
grounds of any institution subject to the provisions of this section.

b. "Missing student" means any student of an institution subject to
the provisions of this section, who resides in a facility owned or
operated by such institution and who is reported to such institution as
missing from his or her residence.

c. "Violent felony offense" means a violent felony offense as defined
in subdivision one of section 70.02 of the penal law.