Bill > A2271

Introduced Session

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

Committee Categories

Joe Danielsen (D)*,  Valerie Vainieri Huttle (D)*, 

Introduced, Referred to Assembly Higher Education Committee (on 02/04/2016)