A New York state law will require Columbia to release data for the first time on the punishments given to students found responsible of sexual assault, along with several other changes to the University's gender-based misconduct policy.
Known as “Enough is Enough,” the bill passed the state legislature in June and was signed into law on Tuesday by Governor Andrew Cuomo, one of its major proponents.
Notably, the law will also mandate that appeals be heard by a panel of three individuals—rather than the dean of the respondent's undergraduate or graduate school, who serves as the sole appeals officer under the current policy at both Barnard and Columbia.
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While Columbia's policy already complies with many aspects of the law—including a major clause mandating a “yes means yes” definition of consent—legal experts said that “Enough is Enough” also will necessitate stricter implementation and stronger language for some of these existing policies.
The law requires all public and private colleges and universities in New York to report aggregate sexual assault data each year to the state Department of Education, which must in turn release the data to the public every two years.
This aggregate data includes the number of times each type of disciplinary sanction—a punishment that can range from mandatory educational sessions to expulsion—was given to students who were found responsible of sexual assault.
Although Columbia released some aggregate data last September, this information did not include this breakdown of punishments, only a breakdown of whether or not students were found responsible.
“We will now have the information to assess whether Columbia is keeping us safe in the way they handle these disciplinary outcomes, and so will students all across the state,” said Coalition Against Sexual Violence founder Sejal Singh, CC '15, who lobbied for the bill as an organizer for Know Your IX, a national campaign against sexual violence on college campuses.
Enough is Enough states that the state Department of Education does not have to release the breakdown of punishments “if it would compromise the confidentiality of the reporting individual or any other party in the best judgment of the Department.”
It is not yet clear how this provision could affect the release of data, Colby Bruno, senior legal counsel at the Victim Rights Law Center, said.
Student activists first began requesting information on what sanctions were given to students found responsible for gender-based misconduct in fall 2012, when the Columbia University Democrats collected over 1,000 signatures on a petition for the University to release aggregate data.
Additionally, the law will change operating procedures for no-contact orders—administrative instructions that two students must avoid each other during or after a sexual assault case.
Columbia's current policy does not specify who must take on the burden of a no-contact order, often meaning that the complainant must shoulder this responsibility. However, under Enough is Enough, the respondent or student found responsible will be required to “leave the area immediately and without directly contacting the reporting individual.”
Although Columbia's policy recommends that students reporting an incident should not be punished for violating drug or alcohol policy during the time of the incident, the law will explicitly guarantee this immunity for any of the University's codes of conduct.
Know Your IX organizer Zoe Ridolfi-Starr, CC '15, said that while she does not know of any student who was punished for underage drinking or drug use because they reported an assault under the current policy, many survivors—herself among them—nonetheless did not file reports in part because they feared disciplinary action.
Additionally, the law will require Columbia to replace its current definition of affirmative consent—which “requires unambiguous communication and mutual agreement”—with a statewide version defined as “a knowing, voluntary and mutual decision.”
It is unclear whether Columbia meets the law's standards on topics such as prevention education. This determination will ultimately depend upon regulatory guidelines defined by the state Department of Education in the coming months.
As of the most recent revisions to the policy last September, Columbia already provides survivors with a bill of rights and notes on respondents' transcripts if they are found responsible, two of the additional provisions mandated by the new law.
Spokespersons for Barnard and Columbia declined to answer any questions beyond referring to statements from Associate Dean of Equity Amy Zavadil and Executive Vice President for University Life Suzanne Goldberg.
“Enough is Enough is a promising step in the right direction,” Zavadil said in an email. “We are actively reviewing the legislation and will continue our ongoing efforts toward maintaining a safe and respectful campus environment.”
Goldberg said in an email that the University's gender-based misconduct policies have “for some time” reflected key provisions in Enough is Enough, including policies on affirmative consent.
She added, “In recent years [we] have made a major investment in both expanded professional staff, enhanced procedures, data transparency and prevention programming that reflects best practices and the latest federal guidance in complying with Title IX, the Clery Act and other existing law governing gender-based misconduct in all forms.”
