N.Y. Education Law § 6434: Investigation of crimes and crime reporting

§ 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.