Gov. Brown Signs Bill That Will Require CA University, College and Jr. College Students Who Have Sex To Be Able To Show They Had "Affirmative Consent" Of Their Sex Partner(s)...Or Risk Potential School Discipline
New law's text: "Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time...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 bill's legal standards
(Sept. 29, 2014) -- CA university, college and junior college students who engage in sexual activity will now risk school discipline unless they can show they had the "affirmative consent" of their sex partner(s) [current or former partners] in choosing to have sex and that the consent remained ongoing while engaging in the sexual activity.
Governor Jerry Brown has signed into law SB 967, authored by incoming state Senate President Pro Tem Kevin de Leon (D., Los Angeles), effectively requiring the governing boards of every CA Community College District, CSU Trustees, UC Regents and independent postsecondary schools [as a condition forreceiving state funds for student financial assistance] to adopt a policy on sexual assault, domestic violence, dating violence, and stalking, involving a student, both on and off campus, which must include:
[Scroll down for further]
[SB 967 text] (1) 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. It is the responsibility of each person involved in the sexual activity to ensure that he or she has the affirmative consent of the other or others to engage in the sexual activity. Lack of protest or resistance does not mean consent, nor does silence mean consent. Affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time. The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.
(2) A policy that, in the evaluation of complaints in any 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 either of the following circumstances:
(A)The accused's belief in affirmative consent arose from the intoxication or recklessness of the accused.
(B)The accused did not take reasonable steps, in the circumstances known to the accused at the time, to ascertain whether the complainant affirmatively consented.
(3)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.
(4)A policy that, in the evaluation of complaints in the 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 any of the following circumstances:
(A)The complainant was asleep or unconscious.
(B)The complainant was incapacitated due to the influence of drugs, alcohol, or medication, so that the complainant could not understand the fact, nature, or extent of the sexual activity.
(C)The complainant was unable to communicate due to a mental or physical condition.
The governing boards/trustees/regents must also adopt "detailed and victim-centered policies and protocols regarding sexual assault, domestic violence, dating violence, and stalking involving a student that comport with best practices and current professional standards."
The measure also requires that "outreach programming" must be "included as part of every incoming student's orientation.
To view the Senate vote tally (27-9) that sent the bill to the Assembly, click here (LB area Senator Lara voted "yes.)
To view the Assembly vote tally (57-20) on final passage, click here (Assemblywoman Lowenthal voted "yes.)
To view the Senate vote on final passage (36-0, concurrence in Assembly amendments), click here. (Sen. Lara voted "yes.")
A state Senate legislative analysis listed the following support/opposition:
SUPPORT:(Verified 8/26/14)
California Coalition Against Sexual Assault
California Communities United Institute
California Partnership to End Domestic Violence
California State University
California State University Student Association
Superintendent of Public Instruction, Tom Torlakson
University of California
University of California Student Association
University of California, Davis
OPPOSITION : (Verified 8/26/14)
National Coalition for Men
Stop Abusive and Violent Relationships
