§ 6439 — Definitions

§ 6439. Definitions. As used in this article, the following terms have\nthe following meanings:\n 1. "Institution" shall mean any college or university chartered by the\nregents or incorporated by special act of the legislature that maintains\na campus in New York.\n 2. "Title IX Coordinator" shall mean the Title IX Coordinator and/or\nhis or her designee or designees.\n 3. "Bystander" shall mean a person who observes a crime, impending\ncrime, conflict, potentially violent or violent behavior, or conduct\nthat is in violation of rules or policies of an institution.\n 4. "Code of conduct" shall mean the written policies adopted by an\ninstitution governing student behavior, rights, and responsibilities\nwhile such student is matriculated in the institution.\n 5. "Confidentiality" may be offered by an individual who is not\nrequired by law to report known incidents of sexual assault or other\ncrimes to institution officials, in a manner consistent with state and\nfederal law, including but not limited to 20 U.S.C. 1092(f) and 20\nU.S.C. 1681(a). Licensed mental health counselors, medical providers\nand pastoral counselors are examples of institution employees who may\noffer confidentiality.\n 6. "Privacy" may be offered by an individual when such individual is\nunable to offer confidentiality under the law but shall still not\ndisclose information learned from a reporting individual or bystander to\na crime or incident more than necessary to comply with this and other\napplicable laws, including informing appropriate institution officials.\nInstitutions may substitute another relevant term having the same\nmeaning, as appropriate to the policies of the institution.\n 7. "Accused" shall mean a person accused of a violation who has not\nyet entered an institution's judicial or conduct process.\n 8. "Respondent" shall mean a person accused of a violation who has\nentered an institution's judicial or conduct process.\n 9. "Reporting individual" shall encompass the terms victim, survivor,\ncomplainant, claimant, witness with victim status, and any other term\nused by an institution to reference an individual who brings forth a\nreport of a violation.\n 10. "Sexual activity" shall have the same meaning as "sexual act" and\n"sexual contact" as provided in 18 U.S.C. 2246(2) and 18 U.S.C. 2246(3).\n 11. "Domestic violence", "dating violence", "stalking" and "sexual\nassault" shall be defined by each institution in its code of conduct in\na manner consistent with applicable federal definitions.\n