Bill > SB967

This bill requires California community college districts, the California State University, the University of California, and independent postsecondary institutions to adopt comprehensive policies and protocols regarding sexual assault, domestic violence, dating violence, and stalking to receive state funds for student financial assistance. Key provisions include mandating an "affirmative consent" standard, which means voluntary, conscious, and ongoing agreement to sexual activity, and clarifying that lack of protest or silence does not constitute consent, nor does a past relationship. The bill also specifies that an accused individual cannot claim they believed consent was given if that belief stemmed from their own intoxication or recklessness, or if they failed to take reasonable steps to ascertain consent. Furthermore, it prohibits claiming belief in consent if the accused knew or should have known the complainant was unable to consent due to being asleep, incapacitated by drugs or alcohol, or unable to communicate due to a mental or physical condition. Institutions must also implement victim-centered policies for reporting and responding to incidents, provide written information about resources, ensure victim advocates can participate, offer trauma-informed training for campus officials, and establish procedures for confidential reporting. Additionally, students participating in investigations will not face disciplinary action for minor policy violations around the time of the incident, unless those violations are egregious. The bill also mandates prevention and outreach programs, including incorporating information about affirmative consent and student rights into new student orientations, and encourages collaboration with on-campus and community-based organizations for student support services.