S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  4662

                       2013-2014 Regular Sessions

                          I N  A S S E M B L Y

                            February 7, 2013
                               ___________

Introduced  by  M.  of  A.  GLICK,  JAFFEE, TITONE, LAVINE, ROSA, AUBRY,
  LUPARDO, PAULIN, CROUCH -- Multi-Sponsored by  --  M.  of  A.  ABBATE,
  BARRON,  CERETTO, DUPREY, ENGLEBRIGHT, FAHY, FARRELL, GOTTFRIED, GRAF,
  MARKEY, McDONALD, McDONOUGH, MOYA, ORTIZ, ROSENTHAL, SWEENEY,  WEISEN-
  BERG -- read once and referred to the Committee on Higher Education

AN  ACT  to  amend  the education law, in relation to child sexual abuse
  reporting and child abuse in higher educational settings

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section 1. The education law is amended by adding a new article 107 to
read as follows:
                                ARTICLE 107
            CHILD SEXUAL ABUSE IN HIGHER EDUCATIONAL SETTINGS
SECTION 5300. DEFINITIONS.
        5301. DUTIES  TO  REPORT  CHILD  SEXUAL ABUSE IN A HIGHER EDUCA-
                TIONAL SETTING.
        5302. CONFIDENTIALITY OF RECORDS.
        5303. PENALTIES FOR FAILURE TO COMPLY.
        5304. DUTIES OF THE COMMISSIONER; CHILD SEXUAL ABUSE IN A HIGHER
                EDUCATIONAL SETTING.
        5305. UNREPORTED RESIGNATION AGAINST PUBLIC POLICY.
  S 5300. DEFINITIONS. FOR THE PURPOSES OF THIS  ARTICLE  THE  FOLLOWING
TERMS SHALL HAVE THE FOLLOWING MEANINGS:
  1.  "CHILD" OR "CHILDREN" SHALL MEAN A PERSON OR PERSONS UNDER THE AGE
OF EIGHTEEN YEARS PRESENT IN A HIGHER EDUCATIONAL SETTING INCLUDING  BUT
NOT  LIMITED TO A CHILD PARTICIPATING IN ANY SPORTS CAMP OR OTHER EDUCA-
TIONAL PROGRAM CONDUCTED IN SUCH  EDUCATIONAL  SETTING,  BUT  SHALL  NOT
INCLUDE A STUDENT ENROLLED IN SUCH COLLEGE.
  2.  "CHILD  SEXUAL ABUSE" SHALL MEAN THE FOLLOWING ACTS COMMITTED IN A
HIGHER EDUCATIONAL SETTING BY AN EMPLOYEE OR VOLUNTEER AGAINST A  CHILD:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD08197-01-3

              

A. 4662                             2

ANY  CONDUCT  PROHIBITED  BY  ARTICLE  ONE HUNDRED THIRTY OR TWO HUNDRED
SIXTY-THREE OF THE PENAL LAW.
  3. "COLLEGE" SHALL MEAN PUBLIC OR PRIVATE COLLEGES, TECHNICAL SCHOOLS,
UNIVERSITIES  AND  OTHER INSTITUTIONS FOR HIGHER EDUCATION AUTHORIZED TO
CONFER DEGREES.
  4. "EMPLOYEE" SHALL MEAN ANY  PERSON  RECEIVING  COMPENSATION  FROM  A
COLLEGE,  OR  AN  EMPLOYEE  OF  A  CONTRACTED SERVICE PROVIDER PROVIDING
SERVICES TO A COLLEGE  OR  SPORTS  CAMP  OR  OTHER  EDUCATIONAL  PROGRAM
CONDUCTED  IN  A  HIGHER EDUCATIONAL SETTING.  PROVIDED THAT THE DUTY TO
TRANSMIT AN ORAL OR WRITTEN REPORT AS REQUIRED  BY  SECTION  FIFTY-THREE
HUNDRED  ONE  OF  THIS  ARTICLE  SHALL ONLY APPLY TO THOSE EMPLOYEES WHO
PROVIDE SERVICES ON A REGULAR BASIS IN A HIGHER EDUCATIONAL SETTING,  IS
EIGHTEEN YEARS OLD OR OLDER, AND, IS IN DIRECT CONTACT WITH CHILDREN.
  5.  "HIGHER  EDUCATIONAL SETTING" SHALL MEAN THE FACILITIES, BUILDINGS
AND GROUNDS OF A COLLEGE OR LEGALLY AFFILIATED WITH A COLLEGE, THE VEHI-
CLES PROVIDED BY THE COLLEGE FOR THE TRANSPORTATION OF CHILDREN  TO  AND
FROM  SPORTS CAMPS OR OTHER EDUCATIONAL PROGRAMS CONDUCTED BY A COLLEGE,
AND ALL CO-CURRICULAR AND EXTRA-CURRICULAR ACTIVITY SITES  BOTH  ON  AND
OFF COLLEGE GROUNDS.
  6. "LAW ENFORCEMENT AUTHORITIES" SHALL MEAN A MUNICIPAL POLICE DEPART-
MENT, SHERIFF'S DEPARTMENT, THE DIVISION OF STATE POLICE, OR ANY OFFICER
WITH  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.  NOTWITHSTANDING ANY OTHER PROVISION OF
LAW, LAW ENFORCEMENT AUTHORITIES SHALL NOT INCLUDE ANY CHILD  PROTECTIVE
SERVICE OR ANY SOCIETY FOR THE PREVENTION OF CRUELTY TO CHILDREN AS SUCH
TERMS  ARE  DEFINED  IN  SECTION FOUR HUNDRED TWENTY-THREE OF THE SOCIAL
SERVICES LAW.
  7. "PARENT" SHALL MEAN EITHER OR BOTH OF THE PARENTS OR OTHER  PERSONS
LEGALLY  RESPONSIBLE  FOR  A  CHILD INCLUDING BUT NOT LIMITED TO A CHILD
PARTICIPATING IN ANY SPORTS CAMP OR OTHER EDUCATIONAL PROGRAM  CONDUCTED
IN  SUCH  EDUCATIONAL SETTING, BUT SHALL NOT INCLUDE ANY PARENT OR OTHER
PERSON LEGALLY RESPONSIBLE FOR A STUDENT ENROLLED IN SUCH COLLEGE.
  8. "PRESIDENT" SHALL MEAN THE CHIEF EXECUTIVE OFFICER OF A COLLEGE  OR
HIS  OR  HER  DESIGNEE  OR  FOR THE STATE UNIVERSITY OF THE STATE OF NEW
YORK, THE CHIEF ADMINISTRATIVE OFFICER OF A COLLEGE OR HIS OR HER DESIG-
NEE.
  9. "SPORTS COACH" SHALL MEAN AN EMPLOYEE OR  VOLUNTEER  SERVING  AS  A
COACH  OF AN INTERSCHOOL, EXTRAMURAL, INTRAMURAL ATHLETIC TEAM OR SPORTS
CAMP.
  10. "VOLUNTEER" SHALL MEAN ANY PERSON, OTHER  THAN  AN  EMPLOYEE,  WHO
PROVIDES  SERVICES  TO  A  COLLEGE  OR  SPORTS CAMP OR OTHER EDUCATIONAL
PROGRAM CONDUCTED IN A HIGHER EDUCATIONAL SETTING.   PROVIDED  THAT  THE
DUTY  TO  TRANSMIT  AN  ORAL  OR  WRITTEN  REPORT AS REQUIRED BY SECTION
FIFTY-THREE HUNDRED ONE OF THIS ARTICLE SHALL ONLY APPLY TO A  VOLUNTEER
WHO  IS  EIGHTEEN  YEARS  OLD  OR  OLDER, WHO IS UNDER THE DIRECTION AND
SUPERVISION OF  A  COLLEGE,  SPORTS  CAMP  OR  EDUCATIONAL  PROGRAM  AND
PROVIDES  SERVICES ON AN ARRANGED AND REGULAR BASIS DIRECTLY TO A SPORTS
CAMP OR OTHER EDUCATIONAL PROGRAM CONDUCTED FOR  THE  EXCLUSIVE  BENEFIT
AND  PARTICIPATION  OF  CHILDREN, AND WHO IS IN DIRECT CONTACT WITH SUCH
CHILDREN.
  S 5301. DUTIES TO REPORT CHILD SEXUAL ABUSE IN  A  HIGHER  EDUCATIONAL
SETTING.  1.  (A)  ANY  EMPLOYEE OR VOLUNTEER, INCLUDING ADMINISTRATORS,
PROFESSORS, SPORTS COACHES, OR ATHLETIC  DIRECTORS  OF  A  COLLEGE,  WHO
WITNESSES  AN  ACT OF CHILD SEXUAL ABUSE, AND KNOWS OR REASONABLY SHOULD
HAVE KNOWN THAT THE CHILD IS UNDER  EIGHTEEN  YEARS  OLD,  IN  A  HIGHER

A. 4662                             3

EDUCATIONAL  SETTING  SHALL  PROMPTLY, ORALLY OR IN WRITING, REPORT SUCH
ABUSE TO LAW ENFORCEMENT AUTHORITIES.  SUCH EMPLOYEE OR VOLUNTEER  SHALL
ALSO  PROMPTLY  REPORT  SUCH ABUSE ORALLY OR IN WRITING TO THE PRESIDENT
WHO  HAS  OVERSIGHT  OF  THE HIGHER EDUCATIONAL SETTING IN WHICH THE ACT
ALLEGEDLY OCCURRED AND PROVIDE REASONABLY AVAILABLE  INFORMATION  NECES-
SARY  FOR  THE  PRESIDENT  TO  COMPLETE  A WRITTEN REPORT AS REQUIRED BY
SUBDIVISION TWO OF THIS SECTION.
  (B) ANY EMPLOYEE OR VOLUNTEER, INCLUDING  ADMINISTRATORS,  PROFESSORS,
SPORTS  COACHES OR ATHLETIC DIRECTORS OF A COLLEGE, WHO, IN OTHER THAN A
PRIVILEGED CAPACITY AS SET FORTH IN  ARTICLE  FORTY-FIVE  OF  THE  CIVIL
PRACTICE  LAW AND RULES, RECEIVES AN ALLEGATION OF CHILD SEXUAL ABUSE IN
A HIGHER EDUCATIONAL SETTING FROM A CHILD WHO HAS BEEN SUBJECTED TO SUCH
ALLEGED ABUSE SHALL PROMPTLY, ORALLY OR IN WRITING, REPORT SUCH ABUSE TO
LAW ENFORCEMENT AUTHORITIES UNLESS SUCH  ALLEGATION  IS  RECEIVED  BY  A
PERSON  OR  OFFICIAL  DELINEATED IN SECTION FOUR HUNDRED THIRTEEN OF THE
SOCIAL SERVICES LAW AND SUCH ALLEGATION WAS RECEIVED  IN  SUCH  INDIVID-
UAL'S  PROFESSIONAL  OR  OFFICIAL  CAPACITY.    EMPLOYEES  OR VOLUNTEERS
REQUIRED TO REPORT TO LAW ENFORCEMENT AUTHORITIES  SHALL  ALSO  PROMPTLY
REPORT  SUCH  ABUSE  ORALLY OR IN WRITING TO THE PRESIDENT WHO HAS OVER-
SIGHT OF THE HIGHER EDUCATIONAL  SETTING  IN  WHICH  THE  ACT  ALLEGEDLY
OCCURRED AND PROVIDE THE INFORMATION NECESSARY, TO THE EXTENT REASONABLY
AVAILABLE,  FOR THE PRESIDENT TO COMPLETE THE WRITTEN REPORT AS REQUIRED
BY SUBDIVISION TWO OF THIS SECTION.
  2. UPON RECEIPT OF SUCH ALLEGATION  A  PRESIDENT  SHALL  (A)  PROMPTLY
COMPLETE  A WRITTEN REPORT OF SUCH ALLEGATION INCLUDING THE FULL NAME OF
THE CHILD ALLEGED TO BE ABUSED; THE NAME  OF  THE  CHILD'S  PARENT;  THE
IDENTITY OF THE PERSON MAKING THE ALLEGATION AND HIS OR HER RELATIONSHIP
TO  THE  ALLEGED  CHILD  VICTIM; THE NAME OF THE PERSON AGAINST WHOM THE
ALLEGATION WAS MADE; AND A LISTING OF THE SPECIFIC ALLEGATIONS OF  CHILD
SEXUAL  ABUSE  IN A HIGHER EDUCATIONAL SETTING; AND, (B) PROMPTLY REPORT
SUCH ALLEGED ABUSE TO LAW ENFORCEMENT AUTHORITIES.
  3.  IF THE LAW ENFORCEMENT AUTHORITY TO WHICH THE PRESIDENT, EMPLOYEE,
OR VOLUNTEER SUBMITS THEIR ORAL OR WRITTEN  REPORT  DOES  NOT  HAVE  THE
AUTHORITY  PURSUANT  TO LAW TO UNDERTAKE AN INVESTIGATION OF THE ALLEGA-
TION OF CHILD SEXUAL ABUSE, THEN SUCH AUTHORITY SHALL ENSURE  THAT  SUCH
REPORT  IS  PROMPTLY TRANSMITTED TO A MUNICIPAL POLICE DEPARTMENT, SHER-
IFF'S DEPARTMENT, THE DIVISION OF STATE POLICE OR ANY OFFICER THEREOF.
  4. ANY PERSON WHO REASONABLY AND IN GOOD FAITH MAKES A REPORT OF ALLE-
GATIONS OF CHILD  SEXUAL  ABUSE  IN  A  HIGHER  EDUCATIONAL  SETTING  AS
REQUIRED AND IN THE MANNER DESCRIBED IN THIS SECTION SHALL HAVE IMMUNITY
FROM  CIVIL  LIABILITY  WHICH  MIGHT  OTHERWISE RESULT BY REASON OF SUCH
ACTIONS.
  5. THE OBLIGATIONS CREATED BY THIS ARTICLE  ARE  IN  ADDITION  TO  ANY
OTHER MANDATED REPORTING REQUIREMENTS IMPOSED BY LAW.
  S 5302. CONFIDENTIALITY OF RECORDS. REPORTS AND OTHER WRITTEN MATERIAL
SUBMITTED  PURSUANT  TO  THIS  ARTICLE, AND PHOTOGRAPHS TAKEN CONCERNING
SUCH REPORTS IN THE POSSESSION OF ANY PERSON AUTHORIZED TO RECEIVE  SUCH
INFORMATION,  PURSUANT  TO THIS ARTICLE, SHALL BE CONFIDENTIAL AND SHALL
NOT BE REDISCLOSED EXCEPT TO A DISTRICT ATTORNEY'S OFFICE, LAW  ENFORCE-
MENT AUTHORITIES INVOLVED IN AN INVESTIGATION OF CHILD SEXUAL ABUSE IN A
HIGHER  EDUCATIONAL  SETTING  OR  AS EXPRESSLY AUTHORIZED OR REQUIRED BY
STATE OF FEDERAL LAW OR PURSUANT TO A COURT-ORDERED SUBPOENA. THE PRESI-
DENT SHALL EXERCISE REASONABLE  CARE  IN  PREVENTING  SUCH  UNAUTHORIZED
DISCLOSURE.  WILLFUL  DISCLOSURE OF A WRITTEN RECORD REQUIRED TO BE KEPT
CONFIDENTIAL PURSUANT TO THIS SECTION TO  A  PERSON  NOT  AUTHORIZED  TO
RECEIVE OR REVIEW SUCH RECORD IS A CLASS A MISDEMEANOR.

A. 4662                             4

  S 5303. PENALTIES FOR FAILURE TO COMPLY. WILLFUL FAILURE BY AN EMPLOY-
EE  OR  VOLUNTEER WHO HAS RECEIVED TRAINING AND NOTICE THAT HE OR SHE IS
REQUIRED TO PROVIDE OR TRANSMIT AN ORAL OR WRITTEN REPORT OF AN  ALLEGA-
TION  OF  CHILD  SEXUAL ABUSE AS REQUIRED BY THIS ARTICLE, TO PROVIDE OR
TRANSMIT SUCH REPORT, SHALL BE A CLASS A MISDEMEANOR.
  S  5304.  DUTIES  OF  THE COMMISSIONER; CHILD SEXUAL ABUSE IN A HIGHER
EDUCATIONAL SETTING. 1. THE COMMISSIONER SHALL PREPARE A  FORM  FOR  THE
RECORDING  AND  TRANSMITTING  OF  ALLEGATIONS OF CHILD SEXUAL ABUSE IN A
HIGHER EDUCATIONAL SETTING. SUCH FORM SHALL INCLUDE: (I) ALL DEFINITIONS
SET OUT IN SECTION FIVE THOUSAND THREE HUNDRED OF THIS ARTICLE; AND (II)
ADEQUATE SPACE FOR THE INCLUSION OF  ANY  OTHER  INFORMATION  WHICH  THE
PERSON MAKING OR FILING THE REPORT BELIEVES WOULD BE HELPFUL IN DESCRIB-
ING  OR  EXPLAINING THE CIRCUMSTANCES SURROUNDING AN ALLEGATION OF CHILD
SEXUAL ABUSE IN A HIGHER EDUCATIONAL  SETTING  IN  ACCORDANCE  WITH  THE
PROVISIONS OF THIS ARTICLE.
  2.  THE COMMISSIONER SHALL PROMULGATE RULES AND REGULATIONS FOR TRAIN-
ING NECESSARY BY COLLEGES FOR THE IMPLEMENTATION OF THIS ARTICLE.   SUCH
RULES AND REGULATIONS SHALL PROVIDE THAT: (A) NOTICE BE GIVEN TO EMPLOY-
EES  AND VOLUNTEERS REQUIRED TO PROVIDE OR TRANSMIT A REPORT OF AN ALLE-
GATION OF CHILD SEXUAL ABUSE PURSUANT TO THIS  ARTICLE  OF  THEIR  OBLI-
GATION  TO  REPORT  AND THE PENALTIES FOR FAILURE TO PROVIDE OR TRANSMIT
SUCH REPORT; (B) POLICIES AND PROCEDURES, WHICH SHALL  BE  AVAILABLE  IN
WRITTEN  OR  ELECTRONIC  FORM,  BE  PROVIDED TO EMPLOYEES AND VOLUNTEERS
REQUIRED TO PROVIDE OR TRANSMIT A REPORT OF AN ALLEGATION OF CHILD SEXU-
AL ABUSE PURSUANT TO THIS ARTICLE, REGARDING THE DUTY  TO  REPORT  CHILD
SEXUAL  ABUSE.  SUCH POLICIES AND PROCEDURES SHALL INCLUDE THE PROCEDURE
BY WHICH SUCH REPORTS ARE MADE; AND (C) TRAINING PROVIDED BE AT  NOMINAL
OR  NO COST TO A COLLEGE, BUT IN NO EVENT SHALL FEES OR COSTS BE CHARGED
TO EMPLOYEES OR VOLUNTEERS.
  S 5305. UNREPORTED RESIGNATION AGAINST PUBLIC POLICY. 1.  A  PRESIDENT
SHALL  NOT  MAKE ANY AGREEMENT TO WITHHOLD FROM LAW ENFORCEMENT AUTHORI-
TIES THE FACT THAT AN ALLEGATION OF  CHILD  SEXUAL  ABUSE  IN  A  HIGHER
EDUCATIONAL  SETTING WAS MADE AGAINST AN EMPLOYEE OR VOLUNTEER IN RETURN
FOR THE RESIGNATION OR VOLUNTARY SUSPENSION OF SUCH INDIVIDUAL FROM  HIS
OR HER POSITION.
  2.  EACH VIOLATION OF SUBDIVISION ONE OF THIS SECTION SHALL CONSTITUTE
A CLASS E FELONY, AND MAY ALSO BE PUNISHABLE BY A CIVIL PENALTY  NOT  TO
EXCEED TWENTY THOUSAND DOLLARS.
  S 2. This act shall take effect immediately, provided that the duty to
submit  or transmit a report as required by article 107 of the education
law as added by this act shall take effect on the one hundred  eightieth
day after this act shall have become a law and shall only apply to those
reportable  incidents which occur on or after the effective date of this
act.