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This entry was published on 2017-08-18
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SECTION 6439
Definitions
Education (EDN) CHAPTER 16, TITLE 7, ARTICLE 129-B
§ 6439. Definitions. As used in this article, the following terms have
the following meanings:

1. "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.

2. "Title IX Coordinator" shall mean the Title IX Coordinator and/or
his or her designee or designees.

3. "Bystander" shall mean a person who observes a crime, impending
crime, conflict, potentially violent or violent behavior, or conduct
that is in violation of rules or policies of an institution.

4. "Code of conduct" shall mean the written policies adopted by an
institution governing student behavior, rights, and responsibilities
while such student is matriculated in the institution.

5. "Confidentiality" may be offered by an individual who is not
required by law to report known incidents of sexual assault or other
crimes to institution officials, in a manner consistent with state and
federal law, including but not limited to 20 U.S.C. 1092(f) and 20
U.S.C. 1681(a). Licensed mental health counselors, medical providers
and pastoral counselors are examples of institution employees who may
offer confidentiality.

6. "Privacy" may be offered by an individual when such individual is
unable to offer confidentiality under the law but shall still not
disclose information learned from a reporting individual or bystander to
a crime or incident more than necessary to comply with this and other
applicable laws, including informing appropriate institution officials.
Institutions may substitute another relevant term having the same
meaning, as appropriate to the policies of the institution.

7. "Accused" shall mean a person accused of a violation who has not
yet entered an institution's judicial or conduct process.

8. "Respondent" shall mean a person accused of a violation who has
entered an institution's judicial or conduct process.

9. "Reporting individual" shall encompass the terms victim, survivor,
complainant, claimant, witness with victim status, and any other term
used by an institution to reference an individual who brings forth a
report of a violation.

10. "Sexual activity" shall have the same meaning as "sexual act" and
"sexual contact" as provided in 18 U.S.C. 2246(2) and 18 U.S.C. 2246(3).

11. "Domestic violence", "dating violence", "stalking" and "sexual
assault" shall be defined by each institution in its code of conduct in
a manner consistent with applicable federal definitions.