N.Y.
Education Law Section 6440
General provisions
1.
Every institution shall:a.
adopt written rules implementing this article by amending its code of conduct or other comparable policies;b.
annually file with the department on or before the first day of July, beginning in two thousand sixteen, a certificate of compliance with the provisions of this article; andc.
file a copy of all written rules and policies adopted as required in this article with the department on or before the first day of July, two thousand sixteen, and once every ten years thereafter, except that the second filing shall coincide with the required filing under article 129-A (Regulation By Colleges of Conduct On Campuses and Other College Property Used For Educational Purposes)article one hundred twenty-nine-A of this chapter, and continue on the same cycle thereafter.2.
All institutional services and protections afforded to reporting individuals under this article shall be available to all students and applicable to conduct that has a reasonable connection to that institution. When such conduct involves students or employees from two or more institutions, such institutions may work collaboratively to address the conduct provided that such collaboration complies with the Family Educational Rights and Privacy Act codified at 20 U.S.C. 1232g; 34 C.F.R. Part 99.3.
If an institution fails to file a certificate of compliance on or before September first beginning in two thousand sixteen, such institution shall be ineligible to receive state aid or assistance until it files such a certificate. The department shall conduct audits of institutions by random selection, at any time after September first, two thousand sixteen, to ensure compliance with the provisions of this article, and shall post information and statistics regarding compliance with this article on the department’s website.4.
A copy of such rules and policies shall be provided by each institution to all students enrolled in said institution using a method and manner appropriate to its institutional culture. Each institution shall also post such rules and policies on its website in an easily accessible manner to the public.5.
The protections in this article apply regardless of race, color, national origin, religion, creed, age, disability, sex, gender identity or expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, or criminal conviction.6.
The provisions of this article shall apply regardless of whether the violation occurs on campus, off campus, or while studying abroad.7.
Institutions shall, where appropriate, utilize applicable state and federal law, regulations, and guidance in writing the policies required pursuant to this article.8.
Nothing in this article shall be construed to limit in any way the provisions of the penal law that apply to the criminal action analogous to the student conduct code violations referenced herein. Action pursued through the criminal justice process shall be governed by the penal law and the criminal procedure law.9.
Nothing in this article shall be construed to create a new private right of action for any person.10.
Nothing in this article shall be construed to prevent an institution from continuing an investigation when required by law to continue such investigation.
Source:
Section 6440 — General provisions, https://www.nysenate.gov/legislation/laws/EDN/6440 (updated Aug. 18, 2017; accessed Oct. 26, 2024).
