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BILL NUMBER:S1849

TITLE OF BILL:

An act to amend the education law, in relation to the powers and duties regarding student housing and safety of councils of state-operated institutions

PURPOSE:

SUMMARY OF PROVISIONS:

This bill amends paragraph h of subdivision 3 of section 356 of the education law. It adds to the powers of SUNY campus councils and makes them responsible for specific campus safety issues. The areas of responsibility include training, support services, victims assistance, prevention programs, and orientation and educational materials.

JUSTIFICATION:

The Senate Democratic Task Force on Women's Issues held hearings in Rochester, Buffalo, and Westchester on the Issue of crimes against women on college campuses. One of the major conclusions from the hearings was that victims assistance services and counseling needed improvement. The Task Force has found that there is a great need for more sensitivity by college staff and administrators in dealing with victims of sexual assault. Testimony from these hearings has revealed that counseling services for victims of sexual assault were lacking in terms of the quality of response. This bill more specifically defines the responsibility for councils to develop programs and services in these areas.

LEGISLATIVE HISTORY:

S.3982 (2009-10), Referred to Higher Education Committee

FISCAL IMPLICATIONS:

None.

EFFECTIVE DATE:

This act shall take effect immediately.

Text

STATE OF NEW YORK
________________________________________________________________________

1849

2011-2012 Regular Sessions

IN SENATE

January 13, 2011
___________

Introduced by Sens. OPPENHEIMER, DIAZ -- read twice and ordered printed,
  and when printed to be committed to the Committee on Higher Education

AN  ACT to amend the education law, in relation to the powers and duties
  regarding student housing and safety  of  councils  of  state-operated
  institutions

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

  Section 1. Paragraph h of subdivision 3 of section 356 of  the  educa-
tion  law,  as amended by chapter 552 of the laws of 1985, is amended to
read as follows:
  h. prescribe for and exercise supervision  over  student  housing  and
safety INCLUDING EXPLICITLY PROVIDING FOR: (1) TRAINING FOR CAMPUS SECU-
RITY  AND  OTHER INSTITUTION PERSONNEL, INCLUDING CAMPUS DISCIPLINARY OR
JUDICIAL BOARDS, THAT ADDRESSES ISSUES OF RAPE,  SEXUAL  HARASSMENT  AND
OTHER GENDER-MOTIVATED OFFENSES; (2) THE DEVELOPMENT OF SUPPORT SERVICES
AND  PROGRAMS,  INCLUDING  MEDICAL  OR PSYCHOLOGICAL COUNSELING, SPECIF-
ICALLY TARGETED TO ASSIST VICTIMS RECOVERING FROM RAPE OR OTHER  GENDER-
MOTIVATED  OFFENSES;  (3)  THE CREATION, DISSEMINATION, AND PROVISION OF
ASSISTANCE AND INFORMATION ABOUT OPTIONS AVAILABLE ON AND OFF-CAMPUS  TO
VICTIMS OF RAPE OR OTHER GENDER-MOTIVATED OFFENSES TO BRING DISCIPLINARY
OR  OTHER  LEGAL  ACTION;  AND  (4) IMPLEMENTATION OF RAPE EDUCATION AND
PREVENTION PROGRAMS, INCLUDING MANDATORY ORIENTATION ON SUCH TOPICS  FOR
INCOMING  STUDENTS, REGULAR WORKSHOPS AND SYMPOSIA FOR CURRENT STUDENTS,
FACULTY AND STAFF,  AND  PEER  EDUCATION  PROGRAMS  ON  RAPE  AND  OTHER
GENDER-MOTIVATED   OFFENSES.   FOR   THE   PURPOSE  OF  THIS  PARAGRAPH,
"GENDER-MOTIVATED OFFENSE" MEANS ANY CONDUCT THAT HARASSES,  INTIMIDATES
OR  OTHERWISE  INJURES  A PERSON THAT IS MOTIVATED, AT LEAST IN PART, BY
SUCH PERSON'S SEX, SEXUAL ORIENTATION OR PERCEIVED  SEXUAL  ORIENTATION,
REGARDLESS  OF WHETHER SUCH CONDUCT CONSTITUTES A CRIME UNDER THE LAW OF
THIS STATE;
  S 2. This act shall take effect immediately.

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD01098-01-1