New York State Education Department Publishes Interpretative Guidance on “Enough is Enough” Legislation

June 3, 2016

By: Philip J. Zaccheo

On June 2, 2016, the New York State Education Department published joint guidance from the Department and the New York State Office of Campus Safety that is intended to assist colleges and universities in complying with Education Law Article 129-B (the "Enough is Enough" sexual misconduct legislation). The guidance contains numerous interpretations of specific statutory provisions, many of which are consistent with consensus interpretations among New York institutions since the legislation's adoption, but others of which provide new (and in some cases surprising) leeway to institutions in implementing the statutory requirements and/or appear to create additional obligations in doing so. The guidance is intended to be a “living document,” with the Department indicating that “[a]s we receive additional comments and suggestions, we will work with the four higher education sectors, the Governor, and Legislature to make changes to the guidance as needed to ensure that the intent of the law is met.” We will provide additional information and commentary on the guidance in the near future; in the meantime, the guidance can be found here.