N.Y. Education Law Section 6439

As used in this article, the following terms have the following meanings:


“Institution” shall mean any college or university chartered by the regents or incorporated by special act of the legislature that maintains a campus in New York.


“Title IX Coordinator” shall mean the Title IX Coordinator and/or his or her designee or designees.


“Bystander” shall mean a person who observes a crime, impending crime, conflict, potentially violent or violent behavior, or conduct that is in violation of rules or policies of an institution.


“Code of conduct” shall mean the written policies adopted by an institution governing student behavior, rights, and responsibilities while such student is matriculated in the institution.


“Confidentiality” may be offered by an individual who is not required by law to report known incidents of sexual assault or other crimes to institution officials, in a manner consistent with state and federal law, including but not limited to 20 U.S.C. 1092(f) and 20 U.S.C. 1681(a). Licensed mental health counselors, medical providers and pastoral counselors are examples of institution employees who may offer confidentiality.


“Privacy” may be offered by an individual when such individual is unable to offer confidentiality under the law but shall still not disclose information learned from a reporting individual or bystander to a crime or incident more than necessary to comply with this and other applicable laws, including informing appropriate institution officials. Institutions may substitute another relevant term having the same meaning, as appropriate to the policies of the institution.


“Accused” shall mean a person accused of a violation who has not yet entered an institution’s judicial or conduct process.


“Respondent” shall mean a person accused of a violation who has entered an institution’s judicial or conduct process.


“Reporting individual” shall encompass the terms victim, survivor, complainant, claimant, witness with victim status, and any other term used by an institution to reference an individual who brings forth a report of a violation.


“Sexual activity” shall have the same meaning as “sexual act” and “sexual contact” as provided in 18 U.S.C. 2246(2) and 18 U.S.C. 2246(3).


“Domestic violence”, “dating violence”, “stalking” and “sexual assault” shall be defined by each institution in its code of conduct in a manner consistent with applicable federal definitions.

Source: Section 6439 — Definitions, https://www.­nysenate.­gov/legislation/laws/EDN/6439 (updated Aug. 18, 2017; accessed Nov. 25, 2023).

Nov. 25, 2023

Last modified:
Aug. 18, 2017

§ 6439’s source at nysenate​.gov

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