education law article 129 b

Article 129-B Implementation By Colleges and Universities of Sexual Assault, Dating Violence, Domestic Violence and Stalking Prevention and Response Policies and Procedures

Accessed: Aug. 24, 2024

Last modified: Aug. 18, 2017

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NYS Education Law, Article 129-B (Sections 6439-6449)

Nys education law, article 129-b (sections 6439-6449):, sexual assault, dating violence, domestic violence and stalking prevention and response policies and procedures.

In July 2015, N.Y. S. Governor Andrew Cuomo signed the “Enough is Enough” law. This legislation is intended to communicate and provide definitions, require education and training, and articulate policies and procedures aimed at addressing sexual assault, dating violence, domestic violence and stalking prevention and response.  Five Towns College has adopted and implemented the regulations under Article 129-B of the Education Law, as required.. Regularly throughout each semester, education and training about this law will be offered on campus. Please take the time to learn and become educated to help prevent these acts from happening.

• As a general statement, Five Towns College does not tolerate acts of harassment or sexual assault and will discipline perpetrators as provided by institutional policy, state, and federal law. Thus, sexual harassment or sexual assault, as defined herein, and as stated in Article 129-B and Title IX, is, in any form, unacceptable behavior.  Click here for the Sexual Misconduct Policies and Procedures .

• Affirmative Consent, as defined in Article 129-B, is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. 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. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity, or gender expression.

• Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act. Consent is required regardless of whether the person initiating the act is under the influence of drugs ad/or alcohol. Consent may be initially given but withdrawn at any time.

• Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. 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 activity must stop.

• Students, faculty and staff are required to act and conduct themselves with mutual respect for all members of the College community so the campus is a safe and secure work and academic environment. Any reports of conduct deviating from the expectations under this Code of Conduct will be taken seriously and vigilantly.

• Sexual harassment, in part, is defined as unwelcome sexual advances, requests for sexual favors, oral or written communications or physical conduct of a sexual nature. This type of behavior by any member of the college community is in direct violation of College policy, is unacceptable, and must be reported. Students found to have engaged in such conduct shall be dismissed from the College and/or other appropriate action will be taken.

• Members of the College community are advised that confidential resources are available from the Five Towns College Counseling Center and from off-campus Crisis Hotlines available 24/7 and referenced under 24/7 Resources: Where to Get Help. All other communications with College Administrators, Public Safety Officers, faculty or other personnel are afforded as much privacy as is practicable as provided under local, state and federal law.

Alcohol and/or Drug Use Amnesty Policy

The health and safety of every student at Five Towns College is of utmost importance. Five Towns College recognizes that students who have been drinking and/or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their own conduct. Five Towns College strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to institution officials. 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 Five Towns College officials or law enforcement will not be subject to Five Towns College 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 sexual assault.

Further, depending on the facts of any incident, the College may provide amnesty in additional circumstances. (Article 129-B, section 6442)

Evidentiary Standards in Disciplinary, Grievance, N.Y.S. Education Law, Article 129-B, Title IX of the Education Amendments of 1972, and Federal/State Penal Codes

•   Students should be apprised of the different standards applied to the evidence submitted in various instances by the appropriate judicial bodies when making decisions.

•   For complaints, charges, or incidents that fall under the Five Towns College Code of Conduct and may be general discipline or grievance matters, the preponderance of the evidence standard is applied or a more likely than not standard based on the evidence submitted.

•   For complaints, misconduct, or reports that may fall under the Five Towns College Code of Conduct and may be deemed to be either sexual harassment, sexual assault or any type of domestic violence, dating violence, stalking and/or sexual assault, the standard applied is a preponderance of the evidence standard.

•   For criminal conduct, violent crimes etc. subject to the Penal Codes, a beyond the reasonable doubt will be applied by the local, state or federal governing body but this is outside the scope of Five Towns College.

•   Further, students are advised that in some instances should certain conduct be deemed to be a violation of the Code of Conduct and be treated as a disciplinary matter, that will occur separately from any other proceeding being investigated as either a Title IX, Article 129-B violation and/or as a criminal matter subject to investigation by police or other investigation outside of the institution’s disciplinary scope.

Rockefeller University

Sexual respect for students: title ix and 129-b policy.

The Rockefeller University is committed to fostering an environment of safety, transparency, and respect for all who work, study, and live on the university campus. In keeping with this mission, the university is dedicated to maintaining an educational environment that is free from sex discrimination, sexual harassment, and sexual violence. The Rockefeller University also prohibits retaliation against any individual who reports or participates in an investigation of alleged sexual misconduct against a student. Rockefeller is committed to responding promptly, fair, and equitably to Title IX/129-B complaints or alleged violations in accordance with the university’s policy. For additional information about prohibited conduct, procedures for handling Title IX/129-B complaints, and resources for available to students, please see The Rockefeller University Policy for Allegations of Sexual Misconduct Concerning a Student (Policy Under Title IX & NY Education Law Art. 129-B .

The Rockefeller University Title IX Coordinator is: Virginia Huffman, VP Human Resources 1230 Founder’s Hall Room 203 New York, NY 10065 Tel: (212) 327-7261 Email: [email protected]

What is Title IX?

Title IX refers to a section of the U.S. Education Amendments of 1972 (Title IX). It is a federal law that prohibits discrimination on the basis of sex in educational programs and activities at institutions that receive federal financial assistance.

What is Article 129-B?

Article 129-B of the New York Education Law (Article 129-B) describes standards and procedures for New York colleges and universities to follow in addressing campus sexual misconduct and discrimination.

2023 Title IX/129-B Campus Climate Survey . From June 21, 2021, to June 27, 2023, Rockefeller administered a student climate survey regarding Title IX. A summary of the results is available here .

2021 Title IX/129-B Campus Climate Survey . From May 19, 2021, to June 1, 2021, Rockefeller administered a student climate survey regarding Title IX. A summary of the results is available here .

2020 Report of Formal Title IX Complaints . The university has submitted this report of Formal Title IX Complaints to the New York State Department of Education as required by Article 129-B.

How to Report an Incident

The Rockefeller University strongly encourages anyone who experiences, observes, or may have knowledge of gender-based harassment, sexual harassment, sexual assault, domestic violence, dating violence, stalking, sexual exploitation or any other sexually related misconduct against a student to report the incident to the University. Incident Reports can be made online or to any one or more of the following university officials:

• Title IX Coordinator Virginia Huffman, VP Human Resources 1230 Founder’s Hall Room 203 New York, NY 10065 Tel: (212) 327-7261 Email: [email protected]
• James Rogers, Director of Campus Security at: ext. 7339, Nurses Residence, 1st Floor Hospital, [email protected]
• Executive Officers of the University
• Department Heads of the Dean’s Office, Human Resources, Office of General Counsel, Housing, and Security; and
• from the Dean’s Office, Emily Harms, Senior Associate Dean; Andrea Morris, Director of Career and Professional Development; Marta Delgado, Director, Graduate Program Administrator of Finance and Student Affairs; and Kristen Cullen, Graduate Admissions Administrator and Registrar, Tania Granados, HR, Director of Employment, Kim Preston, Director HR Compliance

Please be advised that reports made to the above university officials will be forwarded to the Title IX Coordinator. Accordingly, the above individuals cannot guarantee confidentiality but will maintain privacy to the greatest extent possible.

If there is an emergency on campus, please call Campus Security at ext. 1111 from a campus phone or (212) 327-7111 from a cellphone. You may also contact the New York Police Department at: 911

Medical Assistance

If you or someone you know has been a victim of sexual assault, there are many New York Hospitals that offer assistance to patients seeking a forensic examination through the New York State Sexual Assault Forensic Examiner (SAFE) Program. SAFE-Designated Hospitals are listed by County on the website link .

You may also contact University Health & Wellness (UHW) for confidential assistance at (212) 327-8414 or visit UHW in Room 114 of The Rockefeller University Hospital.

Confidential Resources

Certain individuals, including licensed mental health counselors, advocates, and health care professionals, will maintain the confidentiality of information provided by a complainant, accused, or reporting individual. These confidential resources are not required or permitted to disclose any identifying information regarding an incident to any outside party, including other individuals at the University, unless the person who provided information to them has consented to disclosure.

Confidential On Campus Resources Include:

University Health & Wellness (UHW) Confidential Resources are available through University Health & Wellness, (“UHW”), which is located at The Hospital Room 118 and can be contacted by phone at: (212) 327-8414. UHW is open Monday through Friday, 9 a.m. to 5 p.m. UHW is staffed by nurse practitioners, a University Health & Wellness nurse who can offer basic medical advice or first aid when such treatment is necessary in advance of a student or employee receiving private medical attention.

• Janica Barnett, Director, UHW email: [email protected]

The University offers o n – site counseling with Weill – Cornell affiliated Mental Health Specialis ts. Please co ntact UHW (X8414) or call (212) 327 – 7257 to schedule an appointment:

• Eric Goldwa s er, D O, Ph.D. , Psychiatrist
• Lorraine Lothwell, MD, Psychiatrist
• Laura Bhatt, LCSW
• Lauren Rosenblum-Niles, LCSW

University Health & Wellness provides on-site/telehealth confidential counseling and medical services to employees and students. To schedule a confidential appointment, please call UHW at (212) 327-8414.

Confidential Off-Campus Resources Include:

• Victim Intervention Program (New York-Presbyterian Hospital/Weill Cornell Medical Center) : Offers a New York State-designed Sexual Assault Forensic Examiner (SAFE) Program and provides specialized care to victims of sexual assault or sexual violence. The Victim Prevention Program is located at 525 East 68th Street, New York, NY 10065, (212) 746-9414. See  http://www.nyp.org/clinical-services/social-work/victim-intervention-program
• New York State Domestic and Sexual Violence Hotline: 800-942-6906
• New York State Office of Victim Services: 800-247-8035 or www.ovs.ny.gov
• Safe Horizon’s Rape/Sexual Assault and Domestic Violence Hotline: 800-621-HOPE (4673)
• The New York State Department of Health maintains a list of additional resources available to victims of sexual violence at  www.health.ny.gov/prevention/sexual_violence/

A report of sexual misconduct against a student may also be made to the U.S. Department of Health & Human Services, Office for Civil Rights (“OCR”) at:  https://www.hhs.gov/ocr/filing-with-ocr/index.html

Virginia Huffman Title IX Coordinator

The Rockefeller University 1230 York Avenue Founders Hall, Room 203 New York, NY 10065

• 212-327-7261
• [email protected]

N.Y. Education Law Article 129-B Notice of Audit Issued to New York Colleges and Universities

Many institutions are reporting receipt of a letter dated June 26, 2017 from the New York Office of Campus Safety with an attached Notice of Audit (“Notice”) pursuant to New York Education Law Article 129-B (N.Y. Educ. Law §§ 6439–6449). The Notice seeks data submissions relating to the provision of Article 129-B and it includes 23 separate requests for information and documentation.  The response to the Notice must be postmarked no later than July 7, 2017.

This audit comes at a time when key institutional personnel, including student affairs professionals, are away from the office on vacation and some institutions are closed. In addition, the short turnaround requested (fewer than 10 calendar days over a major holiday weekend) gives very little time to gather the responsive materials, let alone review and redact them if necessary. The time period is far less than what is required to respond to a discovery demand under the New York Civil Practice Law and Rules.

We believe that it is unclear whether FERPA permits the release of personally identifiable student information to the New York Office of Campus Safety, which is an office of the New York Division of Criminal Justice Services and not an office of an education agency.

The Audit Request

The statute at § 6449 provides only for the collection of aggregate data, consistent with the statute’s emphasis on confidentiality and respect for the privacy of those involved in the process. Section 6449(3) emphasizes that, even when collecting aggregate information “the department shall not release the information, as provided for in this section, if it would compromise the confidentiality of reporting individuals or any other party….”

Eleven of the 13 requests in the Notice contain statutory references to the applicable section of Article 129-B as authority for the requested data. Two of the requests, numbers 9 and 10, contain no reference to the statute and there does not appear to be any specific section of the statute that supports the sensitive nature of the data sought in requests 9 and 10. Additionally, request number 4 seeks copies of all “no contact orders” issue by the institution, although there does not appear to be a statutory basis for such a request. Number 6(a) seeks data on all students subject to interim suspension, although that request also appears to be beyond the scope of the referenced statutory section.

Compliance Next Steps

Notwithstanding the unrealistic time frame to respond to the audit requests and credible questions about the statutory basis for specific requests, institutions must begin to prepare a response.  

Request an Extension

We encourage institutions that do not anticipate that they will be able to comply with the aforementioned deadline to contact Deputy Director Stacey Hamilton by telephone to request an extension and follow up with a written request and/or confirmation.

Prepare Materials for Submission  

Institutions should plan to submit easily accessible data such as policies, blank forms, website material by July 7, 2017, or the extended deadline, and include a cover letter indicating that, where applicable, additional materials will follow as soon as possible. In that cover letter, the institution may articulate the factors, if applicable, that make it difficult to respond within the narrow time frame allotted. One of those factors may be that the materials have to be carefully reviewed in order to redact confidential information in accordance with the privacy considerations emphasized in Article 129-B and other privacy laws.

We suggest that with regard to request numbers 1, 2, 3, 5, 6(b), 7, 8, 11, 12 and 13, institutions collect the documents and data developed over the past academic year (Fall 2016 to Spring 2017). Note that for request number 12 regarding campus climate assessments, institutions should exercise care when preparing a response to prevent the identification of any particular student.

Concerns with Respect to Disclosure

Request number 4 asks for information and documents regarding each request for a “no contact order” received by the institution. Institutions may decide to provide a copy of the institution’s template “no contact order” language, rather than specific orders, together with data on the number of orders issued and the number of orders that were changed. Although the New York State Office of Campus Safety appears to be seeking copies of specific “no contact orders” that include the names of the students, it is unclear that they have the right to this personally identifiable information under FERPA.

Similar consideration applies to request number 6(a). It may be acceptable in the initial response to provide aggregate data on interim suspensions and not data that could identify a specific student. In light of the statute’s emphasis on confidentiality and privacy, and the fact that the statute refers to aggregate data, the Office of Campus Safety may not have the authority to receive personally identifiable information.

A separate issue is the scope of request numbers 9 and 10, which seek an academic year’s worth of records relating to all reports of incidents covered by Article 129-B and all records involving misconduct hearings covered by Article 129-B. These requests are overly broad, are seriously inconsistent with the statute’s emphasis on confidentiality and privacy, and are not in accord with the statute’s authorization to collect aggregate data. Institutions should be consistent in the documentation provided for each case and should make sure information does not contain personally identifiable information about students while this issue remains unresolved.

In a letter to the Office of Campus Safety dated June 29, 2017, the Commission on Independent Colleges & Universities in New York (CICU) has raised the question of redacting personal information pertaining to students.

Related Posts

• Further Breaking News for New York State Institutions: State Provides Clarification on Article 129-B Audit
• Breaking News for New York Institutions: State to Narrow Scope of Article 129-B Audit

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