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8 CRR-NY 48.2NY-CRR

STATE COMPILATION OF CODES, RULES AND REGULATIONS OF THE STATE OF NEW YORK

TITLE 8. EDUCATION DEPARTMENT

CHAPTER II. REGULATIONS OF THE COMMISSIONER

SUBCHAPTER A. HIGHER AND PROFESSIONAL EDUCATION

PART 48. ANNUAL AGGREGATE DATA REPORTING BY NEW YORK STATE INSTITUTIONS OF HIGHER EDUCATION RELATED TO REPORTS OF DOMESTIC VIOLENCE, DATING VIOLENCE, STALKING AND SEXUAL ASSAULT

8 CRR-NY 48.2

48.2 Annual aggregate data reporting.

On or before October 1, 2019, and by October 1st of each subsequent year thereafter, institutions shall report to the department the following information concerning incidents that were reported during the prior calendar year in a form and manner prescribed by the commissioner:

(a) the following numbers of incidents reported to the title IX coordinator (which shall be established based upon the number of reporting individuals, not by the number of the accused or respondents):

(1) the number of incidents that occurred on campus;

(2) the number of incidents that occurred off campus; and

(3) the total of incidents in (1) and (2) above.

(i) of those incidents reported in this paragraph:

(a) the number of incidents that the title IX coordinator is aware of, that were reported to law enforcement, which shall include, but not be limited to, the State Police;

(b) the number of incidents reported to campus police/campus security/campus public safety; and

(c) the number of incidents that the title IX coordinator is aware of, for which the reporting individual requested referral to additional services through the institution, including counseling, mental health, medical or legal services, whether those services were provided on-campus or through outside service providers.

(b) of those incidents reported in paragraph (a)(3) of this section;

(1) the number of incidents for which the reporting individual sought the institution's judicial or conduct process (which includes incidents for which a reporting individual made a request, in writing or orally, to engage the judicial or conduct process, whether an investigator or hearing model, and those incidents where, pursuant to section 6446[4] of the Education Law, the institution made a determination to pursue the judicial or conduct process without the consent of the reporting individual);

(2) the number of incidents that are not included in paragraph (1) of this subdivision, including those for which there was no institutional jurisdiction over the accused or respondent, and those incidents for which the judicial or conduct process could not otherwise go forward; and

(3) the number of incidents for which the reporting individual sought an order of no contact with the respondent(s), and the number of no contact orders issued.

(c) of those incidents reported in paragraph (b)(1) of this section, the number of cases processed through the institution's judicial or conduct process, (which process shall commence upon a respondent’s receipt of a notice of charges pursuant to section 6444[5][b] of the Education Law);

(d) of those cases in subdivision (c) of this section, the number of respondents who were found responsible through the institution's judicial or conduct process after all levels of appeal were exhausted, which number shall include those cases in which the respondent accepted responsibility at any point in the process;

(e) of those cases in subdivision (c) of this section, the number of respondents who were found not responsible through the institution's judicial or conduct process, or whose finding of responsibility was overturned on appeal;

(f) a description of the final sanctions imposed by the institution for each incident for which a respondent was found responsible for sexual assault, dating violence, domestic violence or stalking, as provided in subdivision (d) of this section, through the institution's judicial or conduct process, which shall be defined as:

(1) the number of respondents found responsible who were expelled/dismissed from the institution;

(2) the number of respondents found responsible who were suspended from the institution;

(3) the number of respondents found responsible who received sanctions other than expulsion/dismissal or suspension;

(4) the number of respondents found responsible who received a notation added to their official transcript noting a violation of the institutions’ code of conduct; and

(5) the number of respondents found responsible who received a notation added to their official transcript noting withdrawal from the institution with conduct charges pending;

(g) the number of cases in the institution’s judicial or conduct process that were closed prior to a final determination after the respondent withdrew from the institution and declined to complete the disciplinary process;

(h) the number of cases in the institution's judicial or conduct process that were closed because the complaint was withdrawn by the reporting individual prior to a final determination or an informal resolution was reached. Such number shall include all cases, regardless of the stage at which the reporting individual withdrew the complaint or the informal resolution was reached; and

(i) additional training information. Institutions may additionally report the number of trainings held by the institution, the number of staff trained, and the number of students trained during the reporting period.

8 CRR-NY 48.2

Current through August 15, 2021

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