Bill Text: NY A03967 | 2019-2020 | General Assembly | Introduced

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Bill Title: Requires colleges to educate the campus community on bias-related crime, hazing, underage drinking and illegal drug use; expands authority of colleges to regulate conduct by college and student government organizations and clubs, athletic teams and clubs, alumni organizations, fraternities, sororities, and any other organization that has access to and use of the college facilities; requires colleges to adopt rules prohibiting hazing, underage drinking and illegal drug use; requires colleges to inform incoming students of and to train residence hall staff in the prohibitions against hazing, underage drinking and illegal drug use; requires colleges to establish penalties for hazing, underage drinking and illegal drug use.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2020-01-08 - referred to higher education [A03967 Detail]

Download: New_York-2019-A03967-Introduced.html

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                STATE OF NEW YORK
        ________________________________________________________________________
                                          3967
                               2019-2020 Regular Sessions
                   IN ASSEMBLY
                                    January 31, 2019
                                       ___________
        Introduced by M. of A. WEPRIN -- read once and referred to the Committee
          on Higher Education
        AN  ACT to amend the education law, in relation to hazing, serving alco-
          hol to minors and illegal drug offenses
          The People of the State of New York, represented in Senate and  Assem-
        bly, do enact as follows:
     1    Section  1.  Subdivision  1  of  section 6430 of the education law, as
     2  amended by chapter 75 of the laws of 2004, is amended and a new subdivi-
     3  sion 7 is added to read as follows:
     4    1. The trustees or other governing board of every college chartered by
     5  the regents or incorporated by special act of the legislature and  which
     6  maintains a campus, unless otherwise provided, shall adopt written rules
     7  for  implementing all policies required pursuant to this article and for
     8  the maintenance of public order on college campuses  and  other  college
     9  property  used  for  educational  purposes and provide a program for the
    10  enforcement thereof. Such rules shall prohibit, among other things,  any
    11  action  or  situation  which  recklessly  or intentionally endangers the
    12  mental or physical health [or involves the forced consumption of  liquor
    13  or  drugs  for  the  purpose  of initiation into or affiliation with any
    14  organization] of any individual.  Such rules shall govern the conduct of
    15  students, faculty and other staff as well as visitors and  other  licen-
    16  sees  and  invitees  on  such campuses and property.   The penalties for
    17  violations of such rules shall be clearly set forth  therein  and  shall
    18  include  provisions  for the ejection of a violator from such campus and
    19  property, in the case of a  student  or  faculty  violator  his  or  her
    20  suspension,  expulsion, or other appropriate disciplinary action, and in
    21  the case of an organization which authorizes such conduct,  recision  of
    22  permission  for  that  organization  to operate on campus property. Such
    23  penalties shall be in addition to any penalty pursuant to the penal  law
    24  or any other law to which a violator or organization may be subject.
         EXPLANATION--Matter in italics (underscored) is new; matter in brackets
                              [ ] is old law to be omitted.
                                                                   LBD06721-01-9
        A. 3967                             2
     1    7.  For the purposes of this article, organizations shall include, but
     2  not be limited to, recognized college or  student  government  organiza-
     3  tions  or clubs, alumni organizations, athletic teams and clubs, frater-
     4  nities and sororities or any campus or university organization or  group
     5  that has access to and use of college facilities.
     6    § 2. Paragraphs a and c of subdivision 3 of section 6431 of the educa-
     7  tion  law,  as amended by chapter 13 of the laws of 2009, are amended to
     8  read as follows:
     9    a. educating the campus community, including  security  personnel  and
    10  those  persons  who  advise or supervise students, about sexual assault,
    11  domestic violence, bias related crime, hazing, underage drinking,  ille-
    12  gal  drug  use,  and  stalking  offenses  pursuant to section sixty-four
    13  hundred  thirty-two,  section  sixty-four  hundred  thirty-eight-a,  and
    14  section sixty-four hundred thirty-eight-b of this article;
    15    c.  reporting sexual assaults, domestic violence, hazing, bias related
    16  crime, and stalking incidents  and  assisting  victims  during  investi-
    17  gations;
    18    §  3.  The  education law is amended by adding two new sections 6438-a
    19  and 6438-b to read as follows:
    20    § 6438-a.  Hazing information and prevention. 1.  Each  college  shall
    21  adopt  rules  that  prohibit  conduct  which intentionally or recklessly
    22  involves the forced consumption of alcohol or drugs, or any other behav-
    23  ior that may endanger the mental or physical health and safety of  indi-
    24  viduals.
    25    2.  Each  college shall inform incoming students about prohibitions on
    26  hazing  through  programs  which  may   include   workshops,   seminars,
    27  discussion  groups  and  media  presentations,  in  order to disseminate
    28  information about hazing, promote  discussion,  encourage  reporting  of
    29  incidents  of  hazing  and facilitate prevention of such incidents. Such
    30  information shall include, but not be limited to:
    31    a. the applicable laws, ordinances and regulations  regarding  hazing,
    32  including the penalties for violation under law;
    33    b.  the  procedures and penalties in effect at the college for dealing
    34  with hazing; and
    35    c. the availability of counseling and other support services  for  the
    36  victims of hazing.
    37    3. Each college shall develop policies for the training of appropriate
    38  staff,  including,  but not limited to, resident life staff, coaches and
    39  other personnel regarding hazing and the procedures  for  enforcing  and
    40  reporting such incidents to the proper college officials.
    41    4. Each college shall review disciplinary procedures pertaining to all
    42  organizations  as  defined  by  subdivision  seven of section sixty-four
    43  hundred thirty of this article.  Such penalties may include, but not  be
    44  limited  to,  the  revocation of such organization's right to operate on
    45  such campus, use campus facilities or be recognized by  the  college  or
    46  university.    Where  such  organization  is  a  fraternity or sorority,
    47  commonly identified as a Greek letter organization, such  penalties  may
    48  include,  but  not  be  limited to, the withdrawal of the recognition of
    49  such organization from such campus.
    50    5. College rules may include provisions for the disciplinary action of
    51  students who fail to report known instances of hazing and immunity  from
    52  college disciplinary action for good faith reporting of hazing.
    53    §  6438-b.  Alcohol and drug abuse information and prevention. 1. Each
    54  college shall inform incoming students about  prohibitions  on  underage
    55  drinking  and  substance  abuse through programs which may include work-
    56  shops, seminars, discussion groups and media presentations in  order  to
        A. 3967                             3
     1  disseminate  information  about  underage  drinking and substance abuse,
     2  promote discussion, and facilitate prevention of  such  incidents.  Such
     3  information shall include, but not be limited to:
     4    a.  the applicable laws, ordinances and regulations regarding underage
     5  drinking and illegal drug use, including  the  penalties  for  violation
     6  under law;
     7    b.  the  procedures and penalties in effect at the college for dealing
     8  with underage drinking and drug use; and
     9    c. the availability of  counseling  and  other  support  services  for
    10  substance abusers.
    11    2. Each college shall develop policies for the training of appropriate
    12  staff,  including,  but not limited to, resident life staff, coaches and
    13  other personnel regarding underage drinking and drug and  alcohol  abuse
    14  and  the  procedures  for  enforcing and reporting such incidents to the
    15  proper college officials.
    16    3. Each college shall review current disciplinary procedures  pertain-
    17  ing  to  all  organizations  as  defined by subdivision seven of section
    18  sixty-four hundred thirty of this article  and  may  provide  additional
    19  penalties regarding illegal drug use and underage drinking.
    20    §  4.  This act shall take effect on the first of July next succeeding
    21  the date on which it shall have become a law.