Bill > A05859

This bill enacts the "Assuring College Campus and Educational Safety and Support (ACCESS) Act," which expands protections against harassment for students and applicants at educational institutions. The bill broadens the definition of harassment by removing the requirement that harassment must be "severe or pervasive" and instead considers any action that subjects an individual to inferior terms or conditions based on protected characteristics (such as race, gender, sexual orientation, disability, etc.) to be an unlawful discriminatory practice. The bill requires colleges and universities to take proactive steps to prevent and address harassment, including: promulgating anti-harassment rules, establishing reporting mechanisms, creating investigation procedures, implementing deterrent penalties, clearly communicating policies to students and staff, consistently administering those policies, and taking measures to prevent harassment by non-affiliated individuals on campus. Importantly, the bill stipulates that a student's failure to formally complain about harassment does not absolve an educational institution of responsibility. The legislation also provides an affirmative defense for institutions if the harassing conduct is considered merely a "petty slight" or "trivial inconvenience" by a reasonable victim with the same protected characteristics. The bill aims to create more comprehensive and proactive protections against harassment in educational settings.

Government Affairs

https://www.nysenate.gov/legislation/bills/2025/A5859