Legislation

Search OpenLegislation Statutes
This entry was published on 2017-08-18
The selection dates indicate all change milestones for the entire volume, not just the location being viewed. Specifying a milestone date will retrieve the most recent version of the location before that date.
SECTION 6440
General provisions
Education (EDN) CHAPTER 16, TITLE 7, ARTICLE 129-B
§ 6440. General provisions. 1. Every institution shall:

a. adopt written rules implementing this article by amending its code
of conduct or other comparable policies;

b. annually file with the department on or before the first day of
July, beginning in two thousand sixteen, a certificate of compliance
with the provisions of this article; and

c. file a copy of all written rules and policies adopted as required
in this article with the department on or before the first day of July,
two thousand sixteen, and once every ten years thereafter, except that
the second filing shall coincide with the required filing under article
one hundred twenty-nine-A of this chapter, and continue on the same
cycle thereafter.

2. All institutional services and protections afforded to reporting
individuals under this article shall be available to all students and
applicable to conduct that has a reasonable connection to that
institution. When such conduct involves students or employees from two
or more institutions, such institutions may work collaboratively to
address the conduct provided that such collaboration complies with the
Family Educational Rights and Privacy Act codified at 20 U.S.C. 1232g;
34 C.F.R. Part 99.

3. If an institution fails to file a certificate of compliance on or
before September first beginning in two thousand sixteen, such
institution shall be ineligible to receive state aid or assistance until
it files such a certificate. The department shall conduct audits of
institutions by random selection, at any time after September first, two
thousand sixteen, to ensure compliance with the provisions of this
article, and shall post information and statistics regarding compliance
with this article on the department's website.

4. A copy of such rules and policies shall be provided by each
institution to all students enrolled in said institution using a method
and manner appropriate to its institutional culture. Each institution
shall also post such rules and policies on its website in an easily
accessible manner to the public.

5. The protections in this article apply regardless of race, color,
national origin, religion, creed, age, disability, sex, gender identity
or expression, sexual orientation, familial status, pregnancy,
predisposing genetic characteristics, military status, domestic violence
victim status, or criminal conviction.

6. The provisions of this article shall apply regardless of whether
the violation occurs on campus, off campus, or while studying abroad.

7. Institutions shall, where appropriate, utilize applicable state and
federal law, regulations, and guidance in writing the policies required
pursuant to this article.

8. Nothing in this article shall be construed to limit in any way the
provisions of the penal law that apply to the criminal action analogous
to the student conduct code violations referenced herein. Action pursued
through the criminal justice process shall be governed by the penal law
and the criminal procedure law.

9. Nothing in this article shall be construed to create a new private
right of action for any person.

10. Nothing in this article shall be construed to prevent an
institution from continuing an investigation when required by law to
continue such investigation.