§ 6440 — General provisions

§ 6440. General provisions. 1. Every institution shall:\n a. adopt written rules implementing this article by amending its code\nof conduct or other comparable policies;\n b. annually file with the department on or before the first day of\nJuly, beginning in two thousand sixteen, a certificate of compliance\nwith the provisions of this article; and\n c. file a copy of all written rules and policies adopted as required\nin this article with the department on or before the first day of July,\ntwo thousand sixteen, and once every ten years thereafter, except that\nthe second filing shall coincide with the required filing under article\none hundred twenty-nine-A of this chapter, and continue on the same\ncycle thereafter.\n 2. All institutional services and protections afforded to reporting\nindividuals under this article shall be available to all students and\napplicable to conduct that has a reasonable connection to that\ninstitution. When such conduct involves students or employees from two\nor more institutions, such institutions may work collaboratively to\naddress the conduct provided that such collaboration complies with the\nFamily Educational Rights and Privacy Act codified at 20 U.S.C. 1232g;\n34 C.F.R. Part 99.\n 3. If an institution fails to file a certificate of compliance on or\nbefore September first beginning in two thousand sixteen, such\ninstitution shall be ineligible to receive state aid or assistance until\nit files such a certificate. The department shall conduct audits of\ninstitutions by random selection, at any time after September first, two\nthousand sixteen, to ensure compliance with the provisions of this\narticle, and shall post information and statistics regarding compliance\nwith this article on the department's website.\n 4. A copy of such rules and policies shall be provided by each\ninstitution to all students enrolled in said institution using a method\nand manner appropriate to its institutional culture. Each institution\nshall also post such rules and policies on its website in an easily\naccessible manner to the public.\n 5. The protections in this article apply regardless of race, color,\nnational origin, religion, creed, age, disability, sex, gender identity\nor expression, sexual orientation, familial status, pregnancy,\npredisposing genetic characteristics, military status, domestic violence\nvictim status, or criminal conviction.\n 6. The provisions of this article shall apply regardless of whether\nthe violation occurs on campus, off campus, or while studying abroad.\n 7. Institutions shall, where appropriate, utilize applicable state and\nfederal law, regulations, and guidance in writing the policies required\npursuant to this article.\n 8. Nothing in this article shall be construed to limit in any way the\nprovisions of the penal law that apply to the criminal action analogous\nto the student conduct code violations referenced herein. Action pursued\nthrough the criminal justice process shall be governed by the penal law\nand the criminal procedure law.\n 9. Nothing in this article shall be construed to create a new private\nright of action for any person.\n 10. Nothing in this article shall be construed to prevent an\ninstitution from continuing an investigation when required by law to\ncontinue such investigation.\n