The state Education Department plans to have colleges and universities submit interim data on incidents of domestic violence, dating violence, stalking and sexual assault on campus amid concerns from Thomas DiNapoli, state comptroller, that the department is falling behind with public reporting requirements that are part of the 2015 Enough is Enough act.

DiNapoli’s office said in a recent audit that the state Education Department is struggling to meet parts of the law that established policies to prevent and respond to sexual assault on college campuses and assure students of their right to have sexual violence investigated and prosecuted.

The Enough is Enough Act was signed into law July 7, 2015, and requires colleges and universities that maintain campuses in New York to implement sexual assault, dating violence, domestic violence, and stalking prevention and response policies; maintains student anonymity; requires colleges to adopt an amnesty policy for alcohol and drug use; a students’ bill of rights; and comprehensive training requirements for administrators, staff, and students. Institutions must annually submit to the state Education Department their aggregate data on reported incidents of sexual violence as well as their adjudication and handling.

DiNapoli’s audit found the state Education Department was unlikely to be able to begin providing reports on campus incidents until late 2019, roughly two years later than required by the law. Education Department officials wrote in their response letter that there was confusion about the Enough is Enough Act and the federal Clery Act and how reporting requirements in the two laws were written.

The Education Department received clarity on the issue in June 2016 and presented proposed regulations to the Board of Regents in May 2017. Those regulations were adopted in July 2017, meeting the statutory deadline for regulations to be issued. The mandatory state reporting has been designed to coincide with the federal reporting requirements, which require institutions to report to the federal government every October for the previous calendar year.

“In order to meet the needs of the field while at the same time meeting the statutory deadline for a report to be issued by July 2018, the department will require institutions to submit interim aggregate data to the department in May 2018 (for the period Jan. 1-April 30),” wrote Sharon Cates-Williams, deputy education commissioner. “The department will then submit an interim report to the governor and Legislature by July 2018 based on the data received.”

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The state Education Department and Division of the State Police were charged with helping institutions and ensuring institutions complied with the law. State Education Department officials must receive a copy of relevant rules and policies adopted by institutions and their annual certifications of compliance, and issue regulations on reporting annual incident data. The State Education Department must also issue a report to the Governor and state Legislature regarding the incident data collected from institutions; audit institutions to ensure compliance with the act; and post information and statistics regarding institutions’ compliance with Article 129-B on its website.

The State Police is charged with establishing a sexual assault victims unit to assist colleges, universities, and localities with handling sexual assaults and related crimes; providing training to campus communities; and giving unit staff advanced training in responding to sexual assaults and related crimes.