N.Y.
Education Law Section 6434
Investigation of crimes and crime reporting
1.
Each college shall adopt and implement a plan providing for the investigation of any hate crime or violent felony offense occurring at or on the grounds of each such institution, and providing for the investigation of a report of any missing student. Such plans shall provide for the coordination of the investigation of such crimes and reports with local law enforcement agencies. Such plans shall include, but not be limited to, written agreements with appropriate local law enforcement agencies providing for the prompt investigation of such crimes and reports and a requirement that the institution shall notify the appropriate law enforcement agency as soon as practicable but in no case more than twenty-four hours after a report of a hate crime, or a violent felony or a report that a student who resides in housing owned or operated by such institution is missing; provided that each institution shall:(1)
inform each victim of a sexual offense of their options to notify proper law enforcement authorities, including on-campus and local police;(2)
inform the victim of a sexual offense of the right to report or not to report such offense to local law enforcement agencies; and(3)
offer the option to be assisted by campus authorities in notifying such authorities, if the victim of sexual assault so chooses, all in compliance with applicable federal law, including, but not limited to, the federal Campus Sexual Assault Victims’ Bill of Rights under Title 20 U.S. Code Section 1092(f).2.
As used in this section, the following terms shall have the following meanings:a.
“Local law enforcement agencies” means any agency or agencies employing peace officers or police officers for the enforcement of the laws of the state, and which has or have jurisdiction under provisions of the criminal procedure law over offenses occurring at or on the grounds of any institution subject to the provisions of this section.b.
“Missing student” means any student of an institution subject to the provisions of this section, who resides in a facility owned or operated by such institution and who is reported to such institution as missing from his or her residence.c.
“Violent felony offense” means a violent felony offense as defined in subdivision one of section 70.02 of the penal law.d.
“Hate crime” shall have the same meaning as section 485.05 of the penal law.
Source:
Section 6434 — Investigation of crimes and crime reporting, https://www.nysenate.gov/legislation/laws/EDN/6434 (updated Oct. 13, 2023; accessed Dec. 21, 2024).
