Text of NY A 4842 (2004)

Skip to main content New York State Assembly Speaker Carl E. Heastie Assembly Members Legislative Info Public Hearings Speaker's Press Assembly Reports Committees & More Bill Search Home Laws Legislative Calendar Public Hearing Schedule Assembly Calendars Assembly Committee Agenda Javascript must be enabled to properly view this page. Bill No.: Summary Actions Floor Votes Memo Text A04842 Summary: BILL NOA04842 SAME ASNo same as SPONSORO'Donnell (MS) COSPNSRStringer MLTSPNSR Add SS240, 356-a & 6206-a, Ed L Requires state colleges to develop and implement policies and procedures regarding bias related crimes and bias related violations.Go to top A04842 Text: STATE OF NEW YORK ________________________________________________________________________ 4842 2003-2004 Regular Sessions IN ASSEMBLY February 20, 2003 ___________ Introduced by M. of A. O'DONNELL, STRINGER -- read once and referred to the Committee on Higher Education AN ACT to amend the education law, in relation to bias related crimes on college campuses The People of the State of New York, represented in Senate and Assem- bly, do enact as follows: 1 Section 1. The education law is amended by adding a new section 240 2 to read as follows: 3 § 240. Bias related crime; college campuses. 1. Every college or 4 university in this state, that is not a state operated institution or 5 community college as defined in section three hundred fifty of this 6 chapter or section sixty-two hundred two of this chapter, is hereby 7 authorized and directed to develop and implement policies and procedures 8 to address bias related crimes and violations on its campus. Such poli- 9 cies and procedures shall include, but shall not be limited to: 10 a. a specific and comprehensive definition of the terms "bias related 11 crimes" and "bias related violations", which shall encompass, but not be 12 limited to, the definition of "hate crimes" as specified in article four 13 hundred eighty-five of the penal law; 14 b. a description of the general expectation of such college or univer- 15 sity toward student conduct as it relates to actions that may be consid- 16 ered or interpreted as bias related; 17 c. specific sanctions for students of such college or university for 18 conduct constituting a bias related crime or bias related violation; and 19 d. procedures governing the enforcement of bias related crimes or bias 20 related violations occurring at such college or university, including: 21 i. the manner in which such sanctions shall be administered; and 22 ii. the person, board, committee, agency, group or other body, or such 23 college or university responsible for the administration of such sanc- 24 tions. EXPLANATION--Matter in italics (underscored) is new; matter in brackets [ ] is old law to be omitted. LBD01421-01-3 A. 4842 2 1 e. such policies and procedures shall be made available upon request 2 and shall be included in the school handbook or bulletin. 3 2. All policies and procedures developed by a college or university 4 pursuant to this section shall be submitted to each institution's 5 respective governing board for approval prior to their implementation. 6 The board shall have ninety days from its receipt of such policies and 7 procedures to either approve such policies and procedures or notify such 8 college or university in writing of any necessary changes that shall be 9 made to such policies and procedures before such policies and procedures 10 can be approved. Such writing shall explain why such changes are neces- 11 sary and shall include specific recommendations to assist such college 12 or university in making such changes. 13 3. All colleges and universities, as defined in this section, shall 14 include, during any general campus orientation given to incoming fresh- 15 men and transfer students, information regarding bias related crimes and 16 violations and notify such freshmen and transfer students about the 17 policies and procedures at such college or university. 18 4. All colleges and universities, as defined in this section, shall 19 designate an office where bias related crimes or violations may be 20 reported. Such reports may be made in person or by any commonly used 21 means of communication. Any office so designated shall record any report 22 made, whether the person making the report uses his or her name or makes 23 such report anonymously. 24 § 2. The education law is amended by adding a new section 356-a to 25 read as follows: 26 § 356-a. Bias related crime; college campuses. 1. Every state-operated 27 institution or community college, as those terms are defined in section 28 three hundred fifty of this article, is hereby authorized and directed 29 to develop and implement policies and procedures to address bias related 30 crimes and violations on its campus. Such policies and procedures shall 31 include, but shall not be limited to: 32 a. a specific and comprehensive definition of the terms "bias related 33 crimes" and "bias related violations", which shall encompass, but not be 34 limited to, the definition of "hate crimes" as specified in article four 35 hundred eighty-five of the penal law; 36 b. a description of the general expectation of such institution or 37 college toward student conduct as it relates to actions that may be 38 considered or interpreted as bias related; 39 c. specific sanctions for students of such institution or college for 40 conduct constituting a bias related crime or bias related violation; and 41 d. procedures governing the enforcement of bias related crimes or bias 42 related violations occurring at such institution or college, including: 43 i. the manner in which such sanctions shall be administered; and 44 ii. the person, board, committee, agency, group or other body, or such 45 institution or college responsible for the administration of such sanc- 46 tions. 47 e. such policies and procedures shall be made available upon request 48 and shall be included in the school handbook or bulletin. 49 2. All policies and procedures developed by a state-operated institu- 50 tion or community college pursuant to this section shall be submitted to 51 the board of trustees of the state university of New York for approval 52 prior to their implementation. The state university shall have ninety 53 days from its receipt of such policies and procedures to either approve 54 such policies and procedures or notify such institution or college in 55 writing of any necessary changes that shall be made to such policies and 56 procedures before such policies and procedures can be approved. Such A. 4842 3 1 writing shall explain why such changes are necessary and shall include 2 specific recommendations to assist such institution or college in making 3 such changes. 4 3. All state-operated institutions and community colleges shall 5 include, during any general campus orientation given to incoming fresh- 6 men and transfer students, information regarding bias related crimes and 7 violations and notify such freshmen and transfer students about the 8 policies and procedures at such institution or community college. 9 4. All state-operated institutions and community colleges shall desig- 10 nate an office where bias related crimes or violations may be reported. 11 Such reports may be made in person or by any commonly used means of 12 communication. Any office so designated shall record any report made, 13 whether the person making the report uses his or her name or makes such 14 report anonymously. 15 § 3. The education law is amended by adding a new section 6206-a to 16 read as follows: 17 § 6206-a. Bias related crime; college campuses. 1. Every city univer- 18 sity institution, as that term is defined in section sixty-two hundred 19 two of this article, is hereby authorized and directed to develop and 20 implement policies and procedures to address bias related crimes and 21 violations on its campus. Such policies and procedures shall include, 22 but shall not be limited to: 23 a. a specific and comprehensive definition of the terms "bias related 24 crimes" and "bias related violations", which shall encompass, but not be 25 limited to, the definition of "hate crimes" as specified in article four 26 hundred eighty-five of the penal law; 27 b. a description of the general expectation of such city university 28 institution toward student conduct as it relates to actions that may be 29 considered or interpreted as bias related; 30 c. specific sanctions for students of such city university institution 31 for conduct constituting a bias related crime or bias related violation; 32 and 33 d. procedures governing the enforcement of bias related crimes or bias 34 related violations occurring at such city university institution, 35 including: 36 i. the manner in which such sanctions shall be administered; and 37 ii. the person, board, committee, agency, group or other body, or such 38 city university institution responsible for the administration of such 39 sanctions. 40 e. such policies and procedures shall be made available upon request 41 and shall be included in the school handbook or bulletin. 42 2. All policies and procedures developed by a city university institu- 43 tion pursuant to this section shall be submitted to the board of trus- 44 tees of the city university for approval prior to their implementation. 45 The board shall have ninety days from its receipt of such policies and 46 procedures to either approve such policies and procedures or notify such 47 city university institution in writing of any necessary changes that 48 shall be made to such policies and procedures before such policies and 49 procedures can be approved. Such writing shall explain why such changes 50 are necessary and shall include specific recommendations to assist such 51 city university institution in making such changes. 52 3. All city university institutions shall include, during any general 53 campus orientation given to incoming freshmen and transfer students, 54 information regarding bias related crimes and violations and notify such 55 freshmen and transfer students about the policies and procedures at such 56 institution. A. 4842 4 1 4. All city university institutions shall designate an office where 2 bias related crimes or violations may be reported. Such reports may be 3 made in person or by any commonly used means of communication. Any 4 office so designated shall record any report made, whether the person 5 making the report uses his or her name or makes such report anonymously. 6 § 4. This act shall take effect on the ninetieth day after it shall 7 have become a law. Go to top Sitemap Request Information Directions and Maps