Bill
Bill > S2223
NJ S2223
NJ S2223Requires institutions of higher education to adopt affirmative consent standard and other policies regarding sexual assault, domestic violence, dating violence, and stalking.
summary
Introduced
01/13/2026
01/13/2026
In Committee
01/13/2026
01/13/2026
Crossed Over
Passed
Dead
Introduced Session
2026-2027 Regular Session
Bill Summary
This bill requires institutions of higher education to adopt an affirmative consent standard and numerous other policies regarding sexual assault, domestic violence, dating violence, and stalking. Under the bill, in order to receive State funds for student assistance programs, the governing board of each institution of higher education must adopt a policy concerning sexual assault, domestic violence, dating violence, and stalking involving a student, both on and off campus. The policy must include all of the following: - an affirmative consent standard in the determination of whether consent was given by both parties to sexual activity. "Affirmative consent" means affirmative, conscious, and voluntary agreement to engage in sexual activity; - a policy that, in the evaluation of a complaint in a disciplinary process, it shall not be a valid excuse to alleged lack of affirmative consent that the accused believed that the complainant consented to the sexual activity under certain circumstances; - a policy that the standard used in determining whether the elements of the complaint against the accused have been demonstrated is the preponderance of the evidence; and - a policy that, in the evaluation of a complaint in a disciplinary process, it shall not be a valid excuse that the accused believed that the complainant affirmatively consented to the sexual activity if the accused knew or reasonably should have known that the complainant was unable to consent to the sexual activity under certain circumstances. In order to receive State aid for student assistance programs, the governing board of each institution of higher education must also: - adopt detailed and victim-centered policies and protocols outlined in the bill regarding sexual assault, domestic violence, dating violence, and stalking involving a student that comport with best practices and current professional standards; - enter into memoranda of understanding, agreements, or collaborative partnerships with existing on-campus and community-based organizations to refer students for assistance or make services available to students, including counseling, health, mental health, victim advocacy, and legal assistance, and including resources for the accused; and - implement comprehensive prevention and outreach programs addressing sexual assault, domestic violence, dating violence, and stalking.
AI Summary
This bill mandates that institutions of higher education must adopt specific policies regarding sexual assault, domestic violence, dating violence, and stalking to continue receiving State funds for student assistance programs. Key provisions include establishing an "affirmative consent" standard, which means that consent to sexual activity must be a clear, conscious, and voluntary agreement that is ongoing and can be revoked at any time, and it clarifies that a lack of protest or silence does not constitute consent. The bill also states that an accused individual's belief that consent was given is not a valid excuse if that belief stemmed from their own intoxication or recklessness, or if they failed to take reasonable steps to ascertain consent. Furthermore, it outlines that the standard for determining guilt in disciplinary processes will be "preponderance of the evidence," meaning it is more likely than not that the elements of the complaint are true. The bill also prohibits the excuse that the accused believed consent was given if they knew or should have known the complainant was unable to consent due to being asleep, unconscious, incapacitated by substances, or unable to communicate due to a mental or physical condition. Beyond consent standards, institutions must implement victim-centered protocols for responding to incidents, including privacy protections, initial response procedures, victim interviews, contacting and interviewing the accused, witness identification, providing information about resources, the role of victim advocates, investigating alcohol or drug involvement, and ensuring complainants or witnesses are not disciplined for minor policy violations related to the incident. Additionally, institutions are required to collaborate with on-campus and community organizations to provide services like counseling and legal assistance to students, and to implement comprehensive prevention and outreach programs to educate students about these issues and the institution's policies, with outreach being a mandatory part of new student orientation.
Committee Categories
Education
Sponsors (1)
Last Action
Introduced in the Senate, Referred to Senate Higher Education Committee (on 01/13/2026)
Official Document
bill text
bill summary
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bill summary
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bill summary
| Document Type | Source Location |
|---|---|
| State Bill Page | https://www.njleg.state.nj.us/bill-search/2026/S2223 |
| BillText | https://pub.njleg.gov/Bills/2026/S2500/2223_I1.HTM |
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