United States: New York State Enacts Campus Sexual Assault Law

On October 5, 2015, New York State's new campus sexual assault law, known as "Enough is Enough," went into effect. This law, signed by Governor Cuomo on July 7, 2015, governs how colleges and universities in New York State handle sexual assault, dating violence and stalking.

Many of the provisions in the new law parallel those in the Campus Sexual Violence Elimination (SaVE) Act and Title IX with some imposing greater requirements. For example, the new law covers more institutions since it applies to "any college or university that is chartered by the regents or incorporated by an act of the state legislature that maintains a campus in New York."

This law significantly expands the obligations of colleges and universities in dealing with sexual assault, both on and off campus, as follows:

Rights of reporting individuals. Institutions must ensure that "reporting individuals are advised of their right[s]" as enumerated under the law. For example, students must have emergency access upon the first instance of disclosure to the Title IX Coordinator or another appropriate official trained in interviewing victims of sexual assault and able to provide information regarding options to proceed, the importance of preserving evidence, and confidentiality and privacy.

  • Protections and accommodations for reporting individuals. Institutions must ensure that reporting individuals are protected from reprisal after making a disclosure of an incident of sexual violence. The law requires that institutions adopt policies and procedures to insulate the reporting individual from the accused by way of a "no contact order."
  • Review rights. Both the complainant and the accused must have the right to request and review any modification of any interim measure or accommodation that affects him or her, including a no contact order.
  • Procedural rights. Institutions must adopt policies and procedures that protect all students' rights in proceedings involving accusations of sexual violence. Institutions must have a procedure for alleged violations by a student that includes: (i) detailed notice to the accused describing the date, time, location and factual allegations concerning the violation, (ii) an opportunity to offer evidence and examine the record, (iii) a right to one level of appeal, and (iv) an opportunity for the complainant to submit an impact statement at the point in the proceeding where the appropriate sanction is being deliberated.
  • Standardized policy for alcohol and drug amnesty. Institutions must adopt the statutes' policy language, ensuring that individuals who report incidents of dating violence, stalking or sexual assault will not be subject to code of conduct action for violations of drug or alcohol policies.
  • Withdrawal rights. Complainants must have the right to withdraw a complaint or involvement in the institution's process at any time.
  • Transcript Documentation. For crimes of violence, including but not limited to sexual violence, institutions are required to make a notation on the transcript of a student found responsible for such conduct that they were suspended or expelled "after a finding of responsibility for a code of conduct violation."
  • Appeals. Institutions are required to have a process for appeals seeking removal of a transcript notation. Under the law, notations of expulsion cannot be removed, and suspension notations cannot be removed for one (1) year after the completion of the suspension. In the event a finding of responsibility is vacated, for any reason, the notation must be removed.
  • Certificate of Compliance. Institutions must file a certificate with the state affirming their compliance with the law no later than July 1, 2016. Failure to do so will result in the school's losing all state "aid or assistance."
  • Campus Survey. At least every other year, institutions must conduct a survey of the student body which assesses, among other things, students' knowledge of school policy and student views on the prevalence of sexual violence on and off campus. (This provision does not go into effect until one year from enactment of the law.)
  • Onboarding and ongoing education. Institutions are required to provide training to first-year and transfer students on topics including sexual and interpersonal violence, the school's policies and procedures, bystander intervention, and risk assessment and reduction.

Annual reporting requirement. Annually, institutions must report aggregate data to the New York State Department of Education regarding complaints, code of conduct proceedings, determinations and sanctions.

The law also requires that institutions revise their policies so as to include specific language, including a definition that sets forth the statute that defines affirmative consent and a standardized student bill of rights. The law also mandates the Department of Education to promulgate regulations.

What This Means to Private Colleges and Universities

Covered institutions must file a certificate of compliance affirming that they have satisfied their obligations under the law by July 1, 2016. Noncompliance by a school will result in their losing state financial aid or assistance. Given the time frame, institutions should take the following proactive steps to ensure compliance with the new requirements:

Begin reviewing their existing policies and procedures and revise such policies to include the requisite language set forth in the statute and satisfy the other requirements under the law.

Train Title IX Coordinators or appropriate personnel to ensure that they handle reports of sexual violence appropriately and in compliance with the law.

Review existing policies and procedures for handling reports of alleged violations to ensure that these policies protect all students' rights in proceedings involving accusations of sexual violence and otherwise satisfy the requirements under the law.

Special thanks to Daniella M. Muller, an associate in the Sexual Assault Investigation and Consulting Group, for her assistance preparing this alert.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

In association with
Related Video
Up-coming Events Search
Font Size:
Mondaq on Twitter
Register for Access and our Free Biweekly Alert for
This service is completely free. Access 250,000 archived articles from 100+ countries and get a personalised email twice a week covering developments (and yes, our lawyers like to think you’ve read our Disclaimer).
Email Address
Company Name
Confirm Password
Mondaq Topics -- Select your Interests
 Law Performance
 Law Practice
 Media & IT
 Real Estate
 Wealth Mgt
Asia Pacific
European Union
Latin America
Middle East
United States
Worldwide Updates
Check to state you have read and
agree to our Terms and Conditions

Terms & Conditions and Privacy Statement

Mondaq.com (the Website) is owned and managed by Mondaq Ltd and as a user you are granted a non-exclusive, revocable license to access the Website under its terms and conditions of use. Your use of the Website constitutes your agreement to the following terms and conditions of use. Mondaq Ltd may terminate your use of the Website if you are in breach of these terms and conditions or if Mondaq Ltd decides to terminate your license of use for whatever reason.

Use of www.mondaq.com

You may use the Website but are required to register as a user if you wish to read the full text of the content and articles available (the Content). You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these terms & conditions or with the prior written consent of Mondaq Ltd. You may not use electronic or other means to extract details or information about Mondaq.com’s content, users or contributors in order to offer them any services or products which compete directly or indirectly with Mondaq Ltd’s services and products.


Mondaq Ltd and/or its respective suppliers make no representations about the suitability of the information contained in the documents and related graphics published on this server for any purpose. All such documents and related graphics are provided "as is" without warranty of any kind. Mondaq Ltd and/or its respective suppliers hereby disclaim all warranties and conditions with regard to this information, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. In no event shall Mondaq Ltd and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available from this server.

The documents and related graphics published on this server could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. Mondaq Ltd and/or its respective suppliers may make improvements and/or changes in the product(s) and/or the program(s) described herein at any time.


Mondaq Ltd requires you to register and provide information that personally identifies you, including what sort of information you are interested in, for three primary purposes:

  • To allow you to personalize the Mondaq websites you are visiting.
  • To enable features such as password reminder, newsletter alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our information providers who provide information free for your use.

Mondaq (and its affiliate sites) do not sell or provide your details to third parties other than information providers. The reason we provide our information providers with this information is so that they can measure the response their articles are receiving and provide you with information about their products and services.

If you do not want us to provide your name and email address you may opt out by clicking here .

If you do not wish to receive any future announcements of products and services offered by Mondaq by clicking here .

Information Collection and Use

We require site users to register with Mondaq (and its affiliate sites) to view the free information on the site. We also collect information from our users at several different points on the websites: this is so that we can customise the sites according to individual usage, provide 'session-aware' functionality, and ensure that content is acquired and developed appropriately. This gives us an overall picture of our user profiles, which in turn shows to our Editorial Contributors the type of person they are reaching by posting articles on Mondaq (and its affiliate sites) – meaning more free content for registered users.

We are only able to provide the material on the Mondaq (and its affiliate sites) site free to site visitors because we can pass on information about the pages that users are viewing and the personal information users provide to us (e.g. email addresses) to reputable contributing firms such as law firms who author those pages. We do not sell or rent information to anyone else other than the authors of those pages, who may change from time to time. Should you wish us not to disclose your details to any of these parties, please tick the box above or tick the box marked "Opt out of Registration Information Disclosure" on the Your Profile page. We and our author organisations may only contact you via email or other means if you allow us to do so. Users can opt out of contact when they register on the site, or send an email to unsubscribe@mondaq.com with “no disclosure” in the subject heading

Mondaq News Alerts

In order to receive Mondaq News Alerts, users have to complete a separate registration form. This is a personalised service where users choose regions and topics of interest and we send it only to those users who have requested it. Users can stop receiving these Alerts by going to the Mondaq News Alerts page and deselecting all interest areas. In the same way users can amend their personal preferences to add or remove subject areas.


A cookie is a small text file written to a user’s hard drive that contains an identifying user number. The cookies do not contain any personal information about users. We use the cookie so users do not have to log in every time they use the service and the cookie will automatically expire if you do not visit the Mondaq website (or its affiliate sites) for 12 months. We also use the cookie to personalise a user's experience of the site (for example to show information specific to a user's region). As the Mondaq sites are fully personalised and cookies are essential to its core technology the site will function unpredictably with browsers that do not support cookies - or where cookies are disabled (in these circumstances we advise you to attempt to locate the information you require elsewhere on the web). However if you are concerned about the presence of a Mondaq cookie on your machine you can also choose to expire the cookie immediately (remove it) by selecting the 'Log Off' menu option as the last thing you do when you use the site.

Some of our business partners may use cookies on our site (for example, advertisers). However, we have no access to or control over these cookies and we are not aware of any at present that do so.

Log Files

We use IP addresses to analyse trends, administer the site, track movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.


This web site contains links to other sites. Please be aware that Mondaq (or its affiliate sites) are not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of these third party sites. This privacy statement applies solely to information collected by this Web site.

Surveys & Contests

From time-to-time our site requests information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose any information requested. Information requested may include contact information (such as name and delivery address), and demographic information (such as postcode, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the functionality of the site.


If a user elects to use our referral service for informing a friend about our site, we ask them for the friend’s name and email address. Mondaq stores this information and may contact the friend to invite them to register with Mondaq, but they will not be contacted more than once. The friend may contact Mondaq to request the removal of this information from our database.


This website takes every reasonable precaution to protect our users’ information. When users submit sensitive information via the website, your information is protected using firewalls and other security technology. If you have any questions about the security at our website, you can send an email to webmaster@mondaq.com.

Correcting/Updating Personal Information

If a user’s personally identifiable information changes (such as postcode), or if a user no longer desires our service, we will endeavour to provide a way to correct, update or remove that user’s personal data provided to us. This can usually be done at the “Your Profile” page or by sending an email to EditorialAdvisor@mondaq.com.

Notification of Changes

If we decide to change our Terms & Conditions or Privacy Policy, we will post those changes on our site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner. We will use information in accordance with the privacy policy under which the information was collected.

How to contact Mondaq

You can contact us with comments or queries at enquiries@mondaq.com.

If for some reason you believe Mondaq Ltd. has not adhered to these principles, please notify us by e-mail at problems@mondaq.com and we will use commercially reasonable efforts to determine and correct the problem promptly.