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Students' Bill of Rights Under NYS Education Law Article 129-B

The following explains the Students' Bill of Rights Under New York state Education Law Article 129-B — Enough is Enough Legislation.

You Have the Right To:

 

  • Make a report to University Police, local law enforcement and/or state police.
  • Have disclosures of domestic violence, dating violence, stalking and sexual assault treated seriously.
  • Make a decision about whether or not to disclose a crime or violation and participate in the judicial or conduct process and/or criminal justice process free from pressures from the institution.
  • Participate in a process that is fair, impartial, and provides adequate notice and a meaningful opportunity to be heard.
  • Be treated with dignity and to receive from the institution courteous, fair and respectful health care and counseling services where available.
  • Be free from any suggestion that the reporting individual is at fault when these crimes and violations are committed, or should have acted in a different manner to avoid such crimes or violations.
  • Describe the incident to as few institutional representatives as practicable and not to be required to unnecessarily repeat a description of the incident.
  • Be free from retaliation by the institution, the accused and/or the respondent, and/or their friends, family and acquaintances within the jurisdiction of the institution.
  • Access to at least one level of appeal of a determination.
  • Be accompanied by an advisor of choice who may assist and advise a reporting individual, accused, or respondent throughout the judicial or conduct process including during all meetings and hearings related to such process.
  • Exercise civil right and practice of religion without interference by the investigative, criminal justice, or judicial or conduct process of the institution.

Options in Brief

Students have many options that can be pursued simultaneously, including one or more of the following:

  • Receive resources, such as counseling and medical attention
  • Confidentially or anonymously disclose a crime or violation
  • Make a report to:
    • An employee with the authority to address complaints, including the Title IX coordinator, a student conduct employee, or a human resources employee
    • University Police
    • Local law enforcement
    • Family court or civil court
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