New York Consolidated Laws, Education Law - EDN § 3021-a. Notification of accusatory instrument alleging a sex offense
Current as of January 01, 2021 | Updated by FindLaw Staff
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1. For purposes of this section:
(a) The term “employee” means any person receiving compensation from a school district, charter school, board of cooperation 1 educational services, private elementary or secondary school, special education schools, or employee of a contracted service provider or worker placed within the school under a public assistance employment program pursuant to title nine-B of article five of the social services law, and consistent with the provisions of such title for the provision of services to such district or school, its students or employees, directly or through contract, whereby such services performed by such person involved direct student contact.
(b) The term “sex offense” means an offense for which registration as a sex offender is required pursuant to article six-C of the correction law.
2. When an accusatory instrument has been filed alleging the commission of a sex offense by a person known to be an employee of a school district, charter school, board of cooperative educational services, private elementary or secondary school, or special education schools, it is the responsibility of the district attorney to immediately notify the superintendent of schools or school administrator that employs such employee of the accusatory instrument and the sex offense or offenses alleged therein.
3. Nothing in this section shall be deemed to diminish the rights, privileges, or remedies of any employee contained within section three thousand twenty-a of this article, or section seventy-five of the civil service law, or under any collective bargaining agreement or employment contract.
Powers to Direct Investment Functions.
a. When one or more persons are given authority by the terms of a governing instrument to direct, consent to or disapprove a fiduciary's actual or proposed investment decisions, such persons shall be considered to be investment advisers and fiduciaries when exercising such authority unless the governing instrument otherwise provides.
b. If a governing instrument provides that a fiduciary is to follow the direction of an investment adviser, and the fiduciary acts in accordance with such a direction, then except in cases of willful misconduct or gross negligence on the part of the fiduciary so directed, the fiduciary shall not be liable for any loss resulting directly or indirectly from any such act.
c. If a governing instrument provides that a fiduciary is to make decisions with the consent of an investment adviser, then except in cases of willful misconduct or gross negligence on the part of the fiduciary, the fiduciary shall not be liable for any loss resulting directly or indirectly from any act taken or omitted as a result of such investment adviser's failure to provide such consent after having been requested to do so by the fiduciary.
d. For purposes of this section, “investment decision” means with respect to any investment, the retention, purchase, sale, exchange, tender or other transaction affecting the ownership thereof or rights therein and with respect to nonpublicly traded investments, the valuation thereof, and an adviser with authority with respect to such decisions is an investment adviser.
e. Whenever a governing instrument provides that a fiduciary is to follow the direction of an investment adviser with respect to investment decisions, then, except to the extent that the governing instrument provides otherwise, the fiduciary shall have no duty to:
(1) Monitor the conduct of the investment adviser;
(2) Provide advice to the investment adviser or consult with the investment adviser; or
(3) Communicate with or warn or apprise any beneficiary or third party concerning instances in which the fiduciary would or might have exercised the fiduciary's own discretion in a manner different from the manner directed by the investment adviser.
Absent clear and convincing evidence to the contrary, the actions of the fiduciary pertaining to matters within the scope of the investment adviser's authority, such as confirming that the investment adviser's directions have been carried out and recording and reporting actions taken at the investment adviser's direction, shall be presumed to be administrative actions taken by the fiduciary solely to allow the fiduciary to perform those duties assigned to the fiduciary under the governing instrument. Such administrative actions shall not be deemed to constitute an undertaking by the fiduciary to monitor the investment adviser or otherwise participate in actions within the scope of the investment adviser's authority.
Cite this article: FindLaw.com - New York Consolidated Laws, Education Law - EDN § 3021-a. Notification of accusatory instrument alleging a sex offense - last updated January 01, 2021 | https://codes.findlaw.com/ny/education-law/edn-sect-3021-a/
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