N.Y. Comp. Codes R. & Regs. tit. 8 § 48.1

Current through Register Vol. 46, No. 45, November 2, 2024

Section 48.1 - Definitions

For purposes of this Part:

(a) Accused shall mean a person accused of a violation who has not yet entered an institution's judicial or conduct process.

(b) Domestic violence, dating violence, stalking and sexual assault shall be defined by each institution in its code of conduct in a manner consistent with applicable federal definitions.

(c) Incident shall mean an incident of domestic violence, dating violence, stalking or sexual assault, where the reporting individual and/or the accused were subject to the code of conduct at the time of the incident.

(d) Institution shall mean any college or university chartered by the Board of Regents or incorporated by special act of the Legislature and that maintains a campus in New York.

(e) Reporting individual shall encompass the terms victim, survivor, complainant, claimant, witness with victim status, and any other term used by an institution to reference an individual who brings forth a report of a violation.

(f) Respondent shall mean a person accused of a violation who has entered an institution's judicial or conduct process.

(g) Title IX coordinator shall mean the Title IX Coordinator and/or his or her designee or designees.

(h) On campus shall be defined as campus is defined in the Higher Education Act (Clery Act), 20 U.S.C. § 1092(f)(6)(A)(ii).

(i) Off campus shall be defined as any location not included in the definition of on campus.

N.Y. Comp. Codes R. & Regs. Tit. 8 § 48.1

Adopted New York State Register August 2, 2017 /Volume XXXIX, Issue 31, eff.8/2/2017