N.Y. Education Law 6442 – Policy for alcohol and/or drug use amnesty
§ 6442. Policy for alcohol and/or drug use amnesty. 1. Every institution shall adopt and implement the following policy as part of its code of conduct: "The health and safety of every student at the {Institution} is of utmost importance. {Institution} 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. {Institution} 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 {Institution's} officials or law enforcement will not be subject to {Institution's} 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."
Terms Used In N.Y. Education Law 6442
- Bystander: shall mean a person who observes a crime, impending crime, conflict, potentially violent or violent behavior, or conduct that is in violation of rules or policies of an institution. See N.Y. Education Law 6439
- Code of conduct: shall mean the written policies adopted by an institution governing student behavior, rights, and responsibilities while such student is matriculated in the institution. See N.Y. Education Law 6439
- Institution: shall mean any college or university chartered by the regents or incorporated by special act of the legislature that maintains a campus in New York. See N.Y. Education Law 6439
2. Nothing in this section shall be construed to limit an institution's ability to provide amnesty in additional circumstances.