As part of a slew of groundbreaking efforts to change the way college campuses address matters of sexual assault, the state of New York is working to pass a bill requiring all colleges and universities—both public and private—to note sexual assault violations on student transcripts.
Far too often, students found responsible of sexual assault have the freedom of transferring schools without ever disclosing their past offenses—allowing an institutional ignorance that many find extremely dangerous, especially considering the fact that many sexual assault perpetrators do not stop after one offense. According to The Huffington Post, the new bill addresses this issue by requiring all transcripts of students suspended or expelled for sexual assault violations to notate that the student was removed “after a finding of responsibility for a code of conduct violation.” Additionally, any student who withdraws from a college in New York who was currently in the process of being investigated for sexual assault charges will have “withdrew with conduct charges pending” written on their transcript.
The proposal, which has now passed through the New York Senate and state Assembly, is part of a wider New York movement against sexual assault entitled “Enough Is Enough.” Governor Andrew Cuomo’s legislative package includes not only the transcript requirements, but also the official adoption of an affirmative consent standard when processing sexual assault charges. As a refresher, affirmative consent conforms to the “yes means yes” definition of consent—where only a definitively “knowing, voluntary, and mutual” yes to any sexual act is a viable form of consent. This definition would replace the antiquated “no means no” definition, which fails to address the complexities associated with matters of sexual violence.
The legislation will also touch on other legal matters related to sexual assault on college campuses, including the requirement of available, readable rights to be accessible to all students and sexual assault victims, a statewide amnesty policy that ensures victims won’t be prosecuted for any information in their reports that could lead to campus code violations, and sexual offense reporting requirements that all New York campuses must follow.
According to information released by the Governor’s press office, Governor Cuomo describes the legislation as “a victory for students across New York State,” noting the vitality of such legislation with the statement that “[t]his action is a major step forward to protect students from an issue that has been plaguing schools nationwide for far too long.”
If the “Enough Is Enough” package passes, New York will join only one other state with similar legislation. Currently, the state of Virginia requires certain “violent” sexual offenses to be listed on the offending student’s transcript. While the only language required on the transcript is an indication that the student violated the code of conduct, schools have the right to add additional detail about the specific violation if they wish. Recently, Maryland proposed a similar law, which failed to pass, and a proposal in California is still under discussion.
According to the press office, media icons like Whoopi Goldberg and Lady Gaga (some of our heros!) are all for the “Enough Is Enough” movement, and while many education legislators hold varying beliefs about the proposal, Governor Cuomo is certain that “New York will become a national leader in the fight against sexual assault on college campuses,” setting the stage for future change to follow.