New York Lawmaker Proposes Tuition Reimbursement for Sexual Assault Survivors

A new bill introduced by New York State Assembly member Grace Lee aims to require all public and private higher education institutions in the state to reimburse tuition for students who take a leave of absence or withdraw due to sexual assault. The proposed legislation, titled the "Survivor's Choice Act," is a direct response to reports that Cornell University denied a tuition refund to a student involved in the "Cornell 7" gang rape scandal.

Lee, a Democrat representing Manhattan, stated that the bill is intended to provide survivors with the freedom to prioritize their recovery without facing academic or financial penalties. "No survivor of sexual assault should have to choose between their recovery and their education," Lee said in a statement. "The Survivor's Choice Act gives survivors the freedom to step away from school without being punished academically or financially."

If passed, the Survivor's Choice Act would also allow victims of sexual assault, domestic violence, dating violence, or stalking to rollover tuition payments to a future semester upon re-enrollment. Students seeking to utilize the act would need to provide their university with documentation such as an order of protection, a police report, a medical record, or a signed statement from a counselor, advocate, doctor, attorney, or clergy member.

The bill is modeled after policies for active military duty personnel and would guarantee readmission for students in good standing within two years of their withdrawal. It also seeks to protect students from receiving failing grades or "W" (Withdrawal) marks on their transcripts and would require institutions to cover federal aid loans that become due upon withdrawal.

The catalyst for the legislation appears to be the case of Jane Doe, an accuser in the "Cornell 7" incident. Her attorney, Thomas Giffura, reportedly stated that Doe attempted to take a leave of absence following the alleged 2024 gang rape by seven members of Cornell's Chi Phi Fraternity but was denied a tuition refund. According to Giffura, Doe remained on campus for a semester and frequently encountered her alleged assailants.

"Colleges have a responsibility to support survivors not stick them with a tuition bill for a school they can't attend, and we're going to hold them to it," Lee asserted.