Assemblyman Fred W. Thiele, Jr. (I, D, WF-Sag Harbor) announced he helped pass legislation requiring all New York colleges to implement uniform policies and procedures regarding sexual assault, dating violence, domestic violence, stalking and activity that may otherwise violate codes of conduct ().

“Sexual assault on college campuses is an alarming problem that cannot be tolerated,” Thiele said. “Colleges and universities should be safe places to learn and grow, not insulated bubbles where serious crimes are buried and treated like simple campus disciplinary issues. This law requires colleges to address this issue in a way that protects the rights of their students.”

Under the measure, all colleges in New York are required to adopt a specific standard for consent in their codes of conduct. Consent is defined as a knowing, voluntary and mutual decision among all participants to engage in sexual activity. The standard also makes clear that prior consent to sexual activity does not necessarily demonstrate future consent, nor does silence or a lack of resistance.

Additionally, the legislation provides amnesty to anyone who reports an incident of sexual assault, dating violence, domestic violence or stalking from being subject to disciplinary action for violating the college’s drug and alcohol policy. Colleges are also required to adopt a bill of rights that makes clear, among other things, a student’s right:

• to be treated with dignity and without retaliation from the institution;
• to make a report to local and/or state police;
• to choose whether to disclose an incident and to participate in the judicial process without pressure from the institution;
• to a fair and impartial judicial process;
• to be accompanied by an advisor of choice; and
• to at least one level of appeal which shall be heard by a panel.

Many of these provisions are already in place at New York’s public colleges, but this ensures every student is afforded these rights, Thiele noted.

The legislation also:

• establishes minimum requirements for how a college or university must respond to reports of sexual or domestic violence, and includes a requirement for immediate access to a Title IX coordinator or other appropriately trained individual to help victims understand their options;
• requires colleges to provide students with information on accessing resources – including for health and mental health services – and requires them to report sexual assault-related statistics to the State Education Department;
• requires campus climate assessments to be administered by the college every two years and for the survey results to be made public;
• implements student training and outreach programs to raise awareness; and
• appropriates $4.5 million to create a new sexual assault victims unit within the state police, another $4.5 million for rape crisis centers and $1 million for training on campuses.

“Right now, too many instances of sexual assault on college campuses go unreported,” Assemblyman Thiele said. “We need to create an environment that makes it easier for student victims to come forward and get the justice and assistance they deserve.”