§ 6444. Response to reports. 1. Every institution shall ensure that\nreporting individuals are advised of their right to:\n a. Notify university police or campus security, local law enforcement,\nand/or state police;\n b. Have emergency access to a Title IX Coordinator or other\nappropriate official trained in interviewing victims of sexual assault\nwho shall be available upon the first instance of disclosure by a\nreporting individual to provide information regarding options to\nproceed, and, where applicable, the importance of preserving evidence\nand obtaining a sexual assault forensic examination as soon as possible,\nand detailing that the criminal justice process utilizes different\nstandards of proof and evidence and that any questions about whether a\nspecific incident violated the penal law should be addressed to law\nenforcement or to the district attorney. Such official shall also\nexplain whether he or she is authorized to offer the reporting\nindividual confidentiality or privacy, and shall inform the reporting\nindividual of other reporting options;\n c. Disclose confidentially the incident to institution\nrepresentatives, who may offer confidentiality pursuant to applicable\nlaws and can assist in obtaining services for reporting individuals;\n d. Disclose confidentially the incident and obtain services from the\nstate or local government;\n e. Disclose the incident to institution representatives who can offer\nprivacy or confidentiality, as appropriate, and can assist in obtaining\nresources for reporting individuals;\n f. File a report of sexual assault, domestic violence, dating\nviolence, and/or stalking and the right to consult the Title IX\nCoordinator and other appropriate institution representatives for\ninformation and assistance. Reports shall be investigated in accordance\nwith institution policy and a reporting individual's identity shall\nremain private at all times if said reporting individual wishes to\nmaintain privacy;\n g. Disclose, if the accused is an employee of the institution, the\nincident to the institution's human resources authority or the right to\nrequest that a confidential or private employee assist in reporting to\nthe appropriate human resources authority;\n h. Receive assistance from appropriate institution representatives in\ninitiating legal proceedings in family court or civil court; and\n i. Withdraw a complaint or involvement from the institution process at\nany time.\n 2. Every institution shall ensure that, at a minimum, at the first\ninstance of disclosure by a reporting individual to an institution\nrepresentative, the following information shall be presented to the\nreporting individual: "You have the right to make a report to university\npolice or campus security, local law enforcement, and/or state police or\nchoose not to report; to report the incident to your institution; to be\nprotected by the institution from retaliation for reporting an incident;\nand to receive assistance and resources from your institution."\n 3. Every institution shall ensure that reporting individuals have\ninformation about resources, including intervention, mental health\ncounseling, and medical services, which shall include information on\nwhether such resources are available at no cost or for a fee. Every\ninstitution shall also provide information on sexually transmitted\ninfections, sexual assault forensic examinations, and resources\navailable through the New York state office of victim services,\nestablished pursuant to section six hundred twenty-two of the executive\nlaw.\n 4. Every institution shall ensure that individuals are provided the\nfollowing protections and accommodations:\n a. When the accused or respondent is a student, to have the\ninstitution issue a "no contact order" consistent with institution\npolicies and procedures, whereby continued intentional contact with the\nreporting individual would be a violation of institution policy subject\nto additional conduct charges; if the accused or respondent and a\nreporting individual observe each other in a public place, it shall be\nthe responsibility of the accused or respondent to leave the area\nimmediately and without directly contacting the reporting individual.\nBoth the accused or respondent and the reporting individual shall, upon\nrequest and consistent with institution policies and procedures, be\nafforded a prompt review, reasonable under the circumstances, of the\nneed for and terms of a no contact order, including potential\nmodification, and shall be allowed to submit evidence in support of his\nor her request. Institutions may establish an appropriate schedule for\nthe accused and respondents to access applicable institution buildings\nand property at a time when such buildings and property are not being\naccessed by the reporting individual;\n b. To be assisted by the institution's police or security forces, if\napplicable, or other officials in obtaining an order of protection or,\nif outside of New York state, an equivalent protective or restraining\norder;\n c. To receive a copy of the order of protection or equivalent when\nreceived by an institution and have an opportunity to meet or speak with\nan institution representative, or other appropriate individual, who can\nexplain the order and answer questions about it, including information\nfrom the order about the accused's responsibility to stay away from the\nprotected person or persons;\n d. To an explanation of the consequences for violating these orders,\nincluding but not limited to arrest, additional conduct charges, and\ninterim suspension;\n e. To receive assistance from university police or campus security in\neffecting an arrest when an individual violates an order of protection\nor, if university police or campus security does not possess arresting\npowers, then to call on and assist local law enforcement in effecting an\narrest for violating such an order, provided that nothing in this\narticle shall limit current law enforcement jurisdiction and procedures;\n f. When the accused or respondent is a student determined to present a\ncontinuing threat to the health and safety of the community, to subject\nthe accused or respondent to interim suspension pending the outcome of a\njudicial or conduct process consistent with this article and the\ninstitution's policies and procedures. Both the accused or respondent\nand the reporting individual shall, upon request and consistent with the\ninstitution's policies and procedures, be afforded a prompt review,\nreasonable under the circumstances, of the need for and terms of an\ninterim suspension, including potential modification, and shall be\nallowed to submit evidence in support of his or her request;\n g. When the accused is not a student but is a member of the\ninstitution's community and presents a continuing threat to the health\nand safety of the community, to subject the accused to interim measures\nin accordance with applicable collective bargaining agreements, employee\nhandbooks, and rules and policies of the institution;\n h. To obtain reasonable and available interim measures and\naccommodations that effect a change in academic, housing, employment,\ntransportation or other applicable arrangements in order to help ensure\nsafety, prevent retaliation and avoid an ongoing hostile environment,\nconsistent with the institution's policies and procedures. Both the\naccused or respondent and the reporting individual shall, upon request\nand consistent with the institution's policies and procedures, be\nafforded a prompt review, reasonable under the circumstances, of the\nneed for and terms of any such interim measure and accommodation that\ndirectly affects him or her, and shall be allowed to submit evidence in\nsupport of his or her request.\n 5. Every institution shall ensure that every student be afforded the\nfollowing rights:\n a. The right to request that student conduct charges be filed against\nthe accused in proceedings governed by this article and the procedures\nestablished by the institution's rules.\n b. The right to a process in all student judicial or conduct cases,\nwhere a student is accused of sexual assault, domestic violence, dating\nviolence, stalking, or sexual activity that may otherwise violate the\ninstitution's code of conduct, that includes, at a minimum: (i) notice\nto a respondent describing the date, time, location and factual\nallegations concerning the violation, a reference to the specific code\nof conduct provisions alleged to have been violated, and possible\nsanctions; (ii) an opportunity to offer evidence during an\ninvestigation, and to present evidence and testimony at a hearing, where\nappropriate, and have access to a full and fair record of any such\nhearing, which shall be preserved and maintained for at least five years\nfrom such a hearing and may include a transcript, recording or other\nappropriate record; and (iii) access to at least one level of appeal of\na determination before a panel, which may include one or more students,\nthat is fair and impartial and does not include individuals with a\nconflict of interest. In order to effectuate an appeal, a respondent and\nreporting individual in such cases shall receive written notice of the\nfindings of fact, the decision and the sanction, if any, as well as the\nrationale for the decision and sanction. In such cases, any rights\nprovided to a reporting individual must be similarly provided to a\nrespondent and any rights provided to a respondent must be similarly\nprovided to a reporting individual.\n c. Throughout proceedings involving such an accusation of sexual\nassault, domestic violence, dating violence, stalking, or sexual\nactivity that may otherwise violate the institution's code of conduct,\nthe right:\n i. For the respondent, accused, and reporting individual to be\naccompanied by an advisor of choice who may assist and advise a\nreporting individual, accused, or respondent throughout the judicial or\nconduct process including during all meetings and hearings related to\nsuch process. Rules for participation of such advisor shall be\nestablished in the code of conduct.\n ii. To a prompt response to any complaint and to have the complaint\ninvestigated and adjudicated in an impartial, timely, and thorough\nmanner by individuals who receive annual training in conducting\ninvestigations of sexual violence, the effects of trauma, impartiality,\nthe rights of the respondent, including the right to a presumption that\nthe respondent is "not responsible" until a finding of responsibility is\nmade pursuant to the provisions of this article and the institution's\npolicies and procedures, and other issues including, but not limited to\ndomestic violence, dating violence, stalking or sexual assault.\n iii. To an investigation and process that is fair, impartial and\nprovides a meaningful opportunity to be heard, and that is not conducted\nby individuals with a conflict of interest.\n iv. To have the institution's judicial or conduct process run\nconcurrently with a criminal justice investigation and proceeding,\nexcept for temporary delays as requested by external municipal entities\nwhile law enforcement gathers evidence. Temporary delays should not last\nmore than ten days except when law enforcement specifically requests and\njustifies a longer delay.\n v. To review and present available evidence in the case file, or\notherwise in the possession or control of the institution, and relevant\nto the conduct case, consistent with institution policies and\nprocedures.\n vi. To exclude their own prior sexual history with persons other than\nthe other party in the judicial or conduct process or their own mental\nhealth diagnosis and/or treatment from admittance in the institution\ndisciplinary stage that determines responsibility. Past findings of\ndomestic violence, dating violence, stalking, or sexual assault may be\nadmissible in the disciplinary stage that determines sanction.\n vii. To receive written or electronic notice, provided in advance\npursuant to the college or university policy and reasonable under the\ncircumstances, of any meeting they are required to or are eligible to\nattend, of the specific rule, rules or laws alleged to have been\nviolated and in what manner, and the sanction or sanctions that may be\nimposed on the respondent based upon the outcome of the judicial or\nconduct process, at which time the designated hearing or investigatory\nofficer or panel shall provide a written statement detailing the factual\nfindings supporting the determination and the rationale for the sanction\nimposed.\n viii. To make an impact statement during the point of the proceeding\nwhere the decision maker is deliberating on appropriate sanctions.\n ix. To simultaneous (among the parties) written or electronic\nnotification of the outcome of a judicial or conduct process, including\nthe sanction or sanctions.\n x. To be informed of the sanction or sanctions that may be imposed on\nthe respondent based upon the outcome of the judicial or conduct process\nand the rationale for the actual sanction imposed.\n xi. To choose whether to disclose or discuss the outcome of a conduct\nor judicial process.\n xii. To have all information obtained during the course of the conduct\nor judicial process be protected from public release until the appeals\npanel makes a final determination unless otherwise required by law.\n 6. For crimes of violence, including, but not limited to sexual\nviolence, defined as crimes that meet the reporting requirements\npursuant to the federal Clery Act established in 20 U.S.C.\n1092(f)(1)(F)(i)(I)-(VIII), institutions shall make a notation on the\ntranscript of students found responsible after a conduct process that\nthey were "suspended after a finding of responsibility for a code of\nconduct violation" or "expelled after a finding of responsibility for a\ncode of conduct violation." For the respondent who withdraws from the\ninstitution while such conduct charges are pending, and declines to\ncomplete the disciplinary process, institutions shall make a notation on\nthe transcript of such students that they "withdrew with conduct charges\npending." Each institution shall publish a policy on transcript\nnotations and appeals seeking removal of a transcript notation for a\nsuspension, provided that such notation shall not be removed prior to\none year after conclusion of the suspension, while notations for\nexpulsion shall not be removed. If a finding of responsibility is\nvacated for any reason, any such transcript notation shall be removed.\n 7. Institutions that lack appropriate on-campus resources or services\nshall, to the extent practicable, enter into memoranda of understanding,\nagreements or collaborative partnerships with existing community-based\norganizations, including rape-crisis centers and domestic violence\nshelters and assistance organizations, to refer students for assistance\nor make services available to students, including counseling, health,\nmental health, victim advocacy, and legal assistance, which may also\ninclude resources and services for the respondent.\n 8. Institutions shall, to the extent practicable, ensure that students\nhave access to a sexual assault forensic examination by employing the\nuse of a sexual assault nurse examiner in their campus health center or\nentering into memoranda of understanding or agreements with at least one\nlocal health care facility to provide such a service.\n 9. Nothing in this article shall be deemed to diminish the rights of\nany member of the institution's community under any applicable\ncollective bargaining agreement.\n