N.Y. Education Law § 6440: General provisions

§ 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; and

c. 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

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.