N.Y. Education Law § 6445: Campus climate assessments

§ 6445. Campus climate assessments. 1. Every institution shall

conduct, no less than every other year, a campus climate assessment to

ascertain general awareness and knowledge of the provisions of this

article, including student experience with and knowledge of reporting

and college adjudicatory processes, which shall be developed using

standard and commonly recognized research methods.

2. The assessment shall include questions covering, but not be limited

to, the following:

a. the Title IX Coordinator's role;

b. campus policies and procedures addressing sexual assault;

c. how and where to report domestic violence, dating violence,

stalking or sexual assault as a victim, survivor or witness;

d. the availability of resources on and off campus, such as

counseling, health and academic assistance;

e. the prevalence of victimization and perpetration of domestic

violence, dating violence, stalking, or sexual assault on and off campus

during a set time period;

f. bystander attitudes and behavior;

g. whether reporting individuals disclosed to the institution and/or

law enforcement, experiences with reporting and institution processes,

and reasons why they did or did not report;

h. the general awareness of the difference, if any, between the

institution's policies and the penal law; and

i. general awareness of the definition of affirmative consent.

3. Every institution shall take steps to ensure that answers to such

assessments remain anonymous and that no individual is identified.

Institutions shall publish results of the surveys on their website

provided that no personally identifiable information or information

which can reasonably lead a reader to identify an individual shall be

shared.

4. Information discovered or produced as a result of complying with

this section shall not be subject to discovery or admitted into evidence

in any federal or state court proceeding or considered for other

purposes in any action for damages brought by a private party against an

institution, unless, in the discretion of the court, any such

information is deemed to be material to the underlying claim or defense.