New york state law dating a minor
Summary of Provisions: Section 1 of the bill would amend the education law by adding a new article 129-B that provides the following: A Statewide Uniform Definition of Affirmative Consent to Sexual Activity: This legislation implements a statewide definition of affirmative consent to read as follows: "Affirmative consent is a knowing, voluntary and mutual decision among all participants to engage in sexual activity. DEPENDING ON THE DEGREE OF INTOXICATION, SOMEONE WHO IS UNDER THE INFLUENCE OF ALCOHOL, DRUGS, OR OTHER INTOXICANTS MAY BE INCAPACITATED AND THEREFORE UNABLE TO CONSENT. CONSENT CANNOT BE GIVEN WHEN IT IS THE RESULT OF ANY COERCION, INTIMIDATION, FORCE, OR THREAT OF HARM. WHEN CONSENT IS WITHDRAWN OR CAN NO LONGER BE GIVEN, SEXUAL ACTIV- ITY MUST STOP. STRONGLY ENCOURAGES STUDENTS TO REPORT DOMESTIC VIOLENCE, DATING VIOLENCE, STALKING, OR SEXUAL ASSAULT TO INSTITUTION OFFICIALS.Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. A BYSTANDER ACTING IN GOOD FAITH OR A REPORTING INDIVIDUAL ACTING IN GOOD FAITH THAT DISCLOSES ANY INCIDENT OF DOMESTIC VIOLENCE, DATING VIOLENCE, STALKING, OR SEXUAL ASSAULT TO OFFICIALS OR LAW ENFORCEMENT WILL NOT BE SUBJECT TO CODE OF CONDUCT ACTION FOR VIOLATIONS OF ALCOHOL AND/OR DRUG USE POLICIES OCCURRING AT OR NEAR THE TIME OF THE COMMISSION OF THE DOMESTIC VIOLENCE, DATING VIOLENCE, STALKING, OR SEXU- AL ASSAULT." 2. EVERY INSTITUTION SHALL ADOPT AND IMPLEMENT THE FOLLOWING "STUDENTS' BILL OF RIGHTS" AS PART OF ITS CODE OF CONDUCT WHICH SHALL BE DISTRIBUTED ANNUALLY TO STUDENTS, MADE AVAIL- ABLE ON EACH INSTITUTION'S WEBSITE, POSTED IN CAMPUS RESIDENCE HALLS AND CAMPUS CENTERS, AND SHALL INCLUDE LINKS OR INFORMATION TO FILE A REPORT AND SEEK A RESPONSE, PURSUANT TO SECTION SIXTY-FOUR HUNDRED FORTY-FOUR OF THIS ARTICLE, AND THE OPTIONS FOR CONFIDENTIAL DISCLOSURE PURSUANT TO SECTION SIXTY-FOUR HUNDRED FORTY-SIX OF THIS ARTICLE: "ALL STUDENTS HAVE THE RIGHT TO: 1.Students' Bill of Rights: Requires that an institution adopt and implement a "Students' Bill of Rights" as part of its code of conduct. INSTITUTIONS MAY SUBSTITUTE ANOTHER RELEVANT TERM HAVING THE SAME MEAN- ING, AS APPROPRIATE TO THE POLICIES OF THE INSTITUTION. "ACCUSED" SHALL MEAN A PERSON ACCUSED OF A VIOLATION WHO HAS NOT YET ENTERED AN INSTITUTION'S JUDICIAL OR CONDUCT PROCESS. "RESPONDENT" SHALL MEAN A PERSON ACCUSED OF A VIOLATION WHO HAS ENTERED AN INSTITUTION'S JUDICIAL OR CONDUCT PROCESS. "REPORTING INDIVIDUAL" SHALL ENCOMPASS THE TERMS VICTIM, SURVIVOR, COMPLAINANT, CLAIMANT, WITNESS WITH VICTIM STATUS, AND ANY OTHER TERM USED BY AN INSTITUTION TO REFERENCE AN INDIVIDUAL WHO BRINGS FORTH A REPORT OF A VIOLATION. "SEXUAL ACTIVITY" SHALL HAVE THE SAME MEANING AS "SEXUAL ACT" AND "SEXUAL CONTACT" AS PROVIDED IN 18 U. MAKE A DECISION ABOUT WHETHER OR NOT TO DISCLOSE A CRIME OR VIOLATION AND PARTICIPATE IN THE JUDICIAL OR CONDUCT PROCESS AND/OR CRIMINAL JUSTICE PROCESS FREE FROM PRESSURE BY THE INSTITUTION; 4.The Bill of Rights shall include, but is not limited to, the opportunity to report a sexual assault to law enforcement or the institution, to be protected from retaliation, and to access services and resources. PARTICIPATE IN A PROCESS THAT IS FAIR, IMPARTIAL, AND PROVIDES ADEQUATE NOTICE AND A MEANINGFUL OPPORTUNITY TO BE HEARD; 5.
TO AN EXPLANATION OF THE CONSEQUENCES FOR VIOLATING THESE ORDERS, INCLUDING BUT NOT LIMITED TO ARREST, ADDITIONAL CONDUCT CHARGES, AND INTERIM SUSPENSION; E.
The appropriations added in sections 4, 5 and 6 of the bill shall take effect immediately. BOTH THE ACCUSED OR RESPONDENT AND THE REPORTING INDIVIDUAL SHALL, UPON REQUEST AND CONSISTENT WITH INSTITUTION POLICIES AND PROCEDURES, BE AFFORDED A PROMPT REVIEW, REASONABLE UNDER THE CIRCUMSTANCES, OF THE NEED FOR AND TERMS OF A NO CONTACT ORDER, INCLUDING POTENTIAL MODIFICATION, AND SHALL BE ALLOWED TO SUBMIT EVIDENCE IN SUPPORT OF HIS OR HER REQUEST.
S T A T E O F N E W Y O R K ________________________________________________________________________ 5965 2015-2016 Regular Sessions I N S E N A T E June 14, 2015 ___________ Introduced by Sen. INSTI- TUTIONS MAY ESTABLISH AN APPROPRIATE SCHEDULE FOR THE ACCUSED AND RESPONDENTS TO ACCESS APPLICABLE INSTITUTION BUILDINGS AND PROPERTY AT A TIME WHEN SUCH BUILDINGS AND PROPERTY ARE NOT BEING ACCESSED BY THE REPORTING INDIVIDUAL; B.
Institutions can act to lessen the incidence of these crimes and respond strongly when they learn of such incidents. EVERY INSTITUTION SHALL ENSURE THAT REPORTING INDIVIDUALS HAVE INFORMATION ABOUT RESOURCES, INCLUDING INTERVENTION, MENTAL HEALTH COUN- SELING, AND MEDICAL SERVICES, WHICH SHALL INCLUDE INFORMATION ON WHETHER SUCH RESOURCES ARE AVAILABLE AT NO COST OR FOR A FEE.
This legislation would build on the reforms already made within the public university system by enacting similar policies in all colleges and universities across the State. EVERY INSTITUTION SHALL ALSO PROVIDE INFORMATION ON SEXUALLY TRANSMITTED INFECTIONS, SEXU- AL ASSAULT FORENSIC EXAMINATIONS, AND RESOURCES AVAILABLE THROUGH THE S.