Note: The “question #’s” in this Q&A refer to the questions on the Annual Aggregate Data Report which is being collected in the IDEx.
Q&A on Enough is Enough Annual Aggregate Data Reporting
Q: What is the “reporting period” for the annual aggregate data reports?
A: The reporting period for the annual aggregate data reports is the calendar year (January 1-December 31).
Q: When are the annual aggregate data reports due?
A: For calendar year 2018, institutions are required to submit a report for the entire 2018 reporting period (January 1, 2018 – December 31, 2018), by no later than December 16, 2019. That report should include both the data reported on the interim data report and any additional data collected between May 2, 2018 and December 31, 2018.
For calendar year 2019 and all subsequent calendar years, the annual aggregate data reports should be submitted to the New York State Education Department anytime between January 1 – October 1 of the calendar year following the reporting period. For example: the data report for the January 1, 2019 – December 31, 2019 reporting period must be submitted no earlier than January 1, 2020 and no later than October 1, 2020.
Q: If my institution has more than one location in New York State do we submit a separate report for each NY campus or one report for all NY campuses combined?
A: You should submit one combined report for all NY campuses.
Q: Where can I find definitions of terms such as “accused”, “incident”, “reporting individual”, “respondent”, etc., for purposes of the annual aggregate data reports?
A: Section 48.1 of the Regulations of the Commissioner of Education provides definitions as they relate to the annual aggregate data reports. The full text of Part 48 of the Regulations of the Commissioner, including the definitions, is provided at the end of this Q&A.
Q: What “incidents” should be included in my response to question #1 on the data report?
A: Every incident, as defined in §48.1(c) of the Commissioner’s Regulations, that is reported to the Title IX Coordinator during the reporting period should be included in the number reported in question #1. Note that it is when the incident is reported to the Title IX Coordinator, not when the incident occurred, that is the determining factor. For example, if an incident, which meets the definition in §48.1(c) of the Commissioner’s Regulations, is reported to the Title IX Coordinator 1 year after it occurred, it should be included in the data report for the reporting period during which it was reported to the Title IX Coordinator.
Any incident that involved a student at the institution, as the reporting individual and/or as the accused or respondent, should be included in your response to this question.
Q: How do we count multiple incidents involving the same accused/respondent?
A: The number of incidents is based upon the number of reporting individuals, not the number of the accused/respondents. Each report by a reporting individual is a separate incident and should be reported as such.
Q: How do I report incidents when the location where it occurred is unknown or unreported?
A: A new question #1(c) has been added to the report to allow institutions to identify the number of incidents for which the location is unknown or unreported.
Q: Do we report cases that are still in process or only those that have concluded during the reporting period?
A: The reporting period (January 1-December 31) is relevant to when an incident was first reported to the Title IX Coordinator, not to when a case was concluded. For example: all incidents reported to the Title IX Coordinator between January 1, 2020 and December 31, 2020, should be included in your data report for that reporting period. The data report for that reporting period is not due to the Department until October 1, 2021, eight months after the end of the reporting period, which should allow enough time for most cases to be investigated, adjudicated and concluded, so that data can also be included in the same data report. In those rare instances in which a case concludes after October 1 of the next year, institutions will be given the opportunity to supplement its data report.
Q: What services constitute the “additional services” referenced in question #1f?
A: Counseling, mental health, medical or legal services, whether those services are provided on-campus or through outside service providers.
Q: My institution provides referrals to additional services whether or not they are requested by the reporting individual. How should we respond to question #1f?
A: Include the total number of referrals made to additional services in your response.
Q: What incidents should be included in our response to question #1g?
A: Incidents included in your response to question #1 for which a reporting individual made a request, in writing or orally, to engage the judicial or conduct process, whether an investigator or hearing model, and those incidents where, pursuant to Education Law §6446(4), the institution made a determination to pursue the judicial or conduct process without the consent of the reporting individual.
Q: What incidents should be included in our response to question #1h?
A: Incidents included in your response to question #1 but not in your answer to question #1g, including those for which there was no institutional jurisdiction over the accused or respondent, and those incidents for which the judicial or conduct process could not otherwise go forward.
Q: Should orders of protection sought and/or obtained from criminal or family court (i.e., not institutional) be reported in my responses to questions #1i and #1j?
A: No. Only “no contact” or similar orders sought from and/or issued by the institution, (including those that are returned as undeliverable) should be included in the response to these questions.
Q: How do we determine when an incident becomes a “case” that must be reported in our response to question #2?
A: A “case” commences upon a respondent’s receipt of a notice of charges pursuant to Education Law §6444(5)(b).
Q: Which cases should be included in the number we report in response to question #2c?
A: Cases in which the respondent was found responsible through the institution’s judicial or conduct process after all levels of appeal were exhausted, including those cases in which the respondent accepted responsibility at any point in the process.
Q: If a respondent received more than one of the listed final sanctions in questions #3a-e, should we report that respondent more than once in our response to those questions?
A: Yes. For example, a respondent may be suspended and receive a notation on their transcript. In that case the respondent should be included in the number reported for both sanctions.
Q: Do I have to answer questions #4a-c?
A: No. Question #4a-c are optional. Institutions are encouraged to provide the requested information about training but are not required to do so.
Q: Who do I contact if I have a question that is not included in this Q&A?
A: Questions about how to complete the data collection form in the IDEx should be directed to: firstname.lastname@example.org.
Questions about the requirements of Article 129-B should be directed to the Department’s Office of College and University Evaluation at: OCUEINFO@nysed.gov.