Laws and Regulations
As a public institution of higher education in the state of New York, Purchase College is required to comply with Title IX of the Education Amendments of 1972, the Violence Against Women Act (VAWA), the Clery Act, Education Law Article 129-B (“Enough is Enough”), and the Gender Expression Non-Discrimination Act (GENDA).
Title IX of the Education Amendments of 1972 prohibits discrimination on the basis of sex in education programs or activities that receive federal funding. Title IX states, “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.” Title IX applies to activities including, but not limited to, employment, recruitment, admissions, sex-based harassment, discipline, and treatment of pregnant and parenting students.
For more information on Title IX of the Education Amendments of 1972, please visit the U.S. Department of Education Office of Civil Rights’ Title IX webpage.
Under the Violence against Women Act (VAWA), colleges and universities are required to report dating violence, domestic violence, sexual assault, and stalking. Colleges are universities are also required by the act to implement specific student discipline procedures, including notifying victims of their rights. Finally, colleges and universities must adopt policies aimed at addressing and preventing sexual violence on campus.
The Clery Act requires colleges and universities that receive federal funding to report annual statistics on crime, including sexual assault and rape, that occur on or near the campus. Under this law, colleges and universities are also required to develop and implement policies regarding campus crime.
To view the full text of the applicable laws, see:
Education Law 129-B
New York Education Law Article 129-B requires all colleges and universities in the state of New York to “implement uniform prevention and response policies and procedures relating to sexual assault, domestic violence, dating violence, and stalking.” Additionally, this law requires that colleges and universities in New York implement a policy of amnesty for alcohol and/or drug use as it pertains to reporting parties in instances of alleged sexual misconduct. The law also requires that colleges and universities adopt and implement a “Student Bill of Rights.”
Education Law Article 129-B also implemented a state-wide uniform definition of “affirmative consent.” That definition is as follows: “Affirmative consent 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.”
The Gender Expression Non-Discrimination Act (GENDA) prohibits discrimination of gender identity or expression. The law defines gender identity or expression as “a person’s actual or perceived gender-related identity, appearance, behavior, expression, or other gender-related characteristic regardless of the sex assigned to that person at birth, including, but not limited to, the status of being transgender. GENDA also includes offenses regarding gender identity or expression within the list of offenses which may be treated as hate crimes by the State.