Bill Text: IA HF2359 | 2017-2018 | 87th General Assembly | Introduced
Bill Title: A bill for an act relating to sexual assault policies adopted by state and accredited private postsecondary institutions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2018-02-14 - Introduced, referred to Education. H.J. 270. [HF2359 Detail]
Download: Iowa-2017-HF2359-Introduced.html
House File 2359 - Introduced HOUSE FILE BY HALL A BILL FOR 1 An Act relating to sexual assault policies adopted by state and 2 accredited private postsecondary institutions. 3 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: TLSB 6069YH (4) 87 kh/rj PAG LIN 1 1 Section 1. Section 260C.14, subsection 18, Code 2018, is 1 2 amended to read as follows: 1 3 18. Develop and implement a written policy, which is 1 4concerning sexual assault as defined in section 915.40, and 1 5 domestic violence, dating violence, and stalking as defined in 1 6 the federal Higher Education Act of 1965, 20 U.S.C. {1092(f), 1 7 involving a student, both on and off campus. The policy shall 1 8 be disseminated during student registration or orientation, 1 9 addressingand shall do all of the followingfour areas 1 10 relating to sexual abuse: 1 11 a. Include an affirmative consent standard in the 1 12 determination of whether consent was given by both parties to 1 13 sexual activity. For purposes of this subsection, "affirmative 1 14 consent" means affirmative, conscious, and voluntary agreement 1 15 to engage in sexual activity. Under such standard, each person 1 16 engaged in the sexual activity is responsible for ensuring that 1 17 the person has the affirmative consent of any other person 1 18 engaging in the sexual activity. Silence or lack of protest 1 19 or resistance does not mean consent. Affirmative consent must 1 20 be ongoing throughout a sexual activity and can be revoked at 1 21 any time. The existence of a dating relationship between the 1 22 persons involved, or the fact of past sexual relations between 1 23 the persons, shall not by itself be assumed to be an indicator 1 24 of consent. 1 25 b. Address the following four affected areas: 1 26 (1) Counseling. 1 27b.(2) Campus security. 1 28c.(3) Education, including prevention, protection, and the 1 29 rights and duties of students and employees of the community 1 30 college. 1 31d.(4)Facilitating theThe accurate and prompt reporting 1 32 of sexual assault including sexual abuse, domestic violence, 1 33 dating violence, and stalking to the duly constituted law 1 34 enforcement authorities. 1 35 Sec. 2. Section 261.9, subsection 1, paragraph f, Code 2018, 2 1 is amended to read as follows: 2 2 f. Develops and implements a written policy, which is 2 3concerning sexual assault as defined in section 915.40, and 2 4 domestic violence, dating violence, and stalking as defined in 2 5 the federal Higher Education Act of 1965, 20 U.S.C. {1092(f), 2 6 involving a student, both on and off campus. The policy shall 2 7 be disseminated during student registration or orientation, 2 8 addressingand shall do all of the followingfour areas 2 9 relating to sexual abuse: 2 10 (1) Include an affirmative consent standard in the 2 11 determination of whether consent was given by both parties 2 12 to sexual activity. For purposes of this paragraph "f", 2 13 "affirmative consent" means affirmative, conscious, and 2 14 voluntary agreement to engage in sexual activity. Under 2 15 such standard, each person engaged in the sexual activity is 2 16 responsible for ensuring that the person has the affirmative 2 17 consent of any other person engaging in the sexual activity. 2 18 Silence or lack of protest or resistance does not mean consent. 2 19 Affirmative consent must be ongoing throughout a sexual 2 20 activity and can be revoked at any time. The existence of a 2 21 dating relationship between the persons involved, or the fact 2 22 of past sexual relations between the persons, shall not by 2 23 itself be assumed to be an indicator of consent. 2 24 (2) Address the following four affected areas: 2 25 (a) Counseling. 2 26(2)(b) Campus security. 2 27(3)(c) Education, including prevention, protection, 2 28 and the rights and duties of students and employees of the 2 29 institution. 2 30(4)(d)Facilitating theThe accurate and prompt reporting 2 31 of sexual assault including sexual abuse, domestic violence, 2 32 dating violence, and stalking to the duly constituted law 2 33 enforcement authorities. 2 34 Sec. 3. Section 262.9, subsection 28, Code 2018, is amended 2 35 to read as follows: 3 1 28. Develop and implement a written policy, which is 3 2concerning sexual assault as defined in section 915.40, and 3 3 domestic violence, dating violence, and stalking as defined in 3 4 the federal Higher Education Act of 1965, 20 U.S.C. {1092(f), 3 5 involving a student, both on and off campus. The policy shall 3 6 be disseminated during registration or orientation, addressing 3 7and shall do all of the followingfour areas relating to sexual 3 8 abuse: 3 9 a. Include an affirmative consent standard in the 3 10 determination of whether consent was given by both parties to 3 11 sexual activity. For purposes of this subsection, "affirmative 3 12 consent" means affirmative, conscious, and voluntary agreement 3 13 to engage in sexual activity. Under such standard, each person 3 14 engaged in the sexual activity is responsible for ensuring that 3 15 the person has the affirmative consent of any other person 3 16 engaging in the sexual activity. Silence or lack of protest 3 17 or resistance does not mean consent. Affirmative consent must 3 18 be ongoing throughout a sexual activity and can be revoked at 3 19 any time. The existence of a dating relationship between the 3 20 persons involved, or the fact of past sexual relations between 3 21 the persons, shall not by itself be assumed to be an indicator 3 22 of consent. 3 23 b. Address the following four affected areas: 3 24 (1) Counseling. 3 25b.(2) Campus security. 3 26c.(3) Education, including prevention, protection, and the 3 27 rights and duties of students and employees of the institution. 3 28d.(4)Facilitating theThe accurate and prompt reporting 3 29 of sexual assault including sexual abuse, domestic violence, 3 30 dating violence, and stalking to the duly constituted law 3 31 enforcement authorities. 3 32 EXPLANATION 3 33 The inclusion of this explanation does not constitute agreement with 3 34 the explanation's substance by the members of the general assembly. 3 35 This bill modifies the current requirement that all 4 1 community colleges, regents universities, and accredited 4 2 postsecondary private institutions develop, implement, and 4 3 disseminate a written sexual assault policy. The bill provides 4 4 that the policy developed, implemented, and disseminated 4 5 concerns sexual assault including sexual abuse, domestic 4 6 violence, dating violence, and stalking involving a student, 4 7 both on and off campus. 4 8 The policy must include an affirmative consent standard in 4 9 the determination of whether consent was given by parties to 4 10 the sexual activity. The bill defines "affirmative consent" 4 11 to mean affirmative, conscious, and voluntary agreement to 4 12 engage in sexual activity. Under that standard, each person 4 13 involved in the sexual activity is responsible for ensuring 4 14 that the person has the affirmative consent of any other person 4 15 engaging in the sexual activity. Silence or lack of protest 4 16 or resistance does not mean consent. Affirmative consent must 4 17 be ongoing throughout a sexual activity and can be revoked at 4 18 any time. The existence of a dating relationship between the 4 19 persons involved, or the fact of past sexual relations between 4 20 the persons, shall not by itself be assumed to be an indicator 4 21 of consent. 4 22 The policy must also address the accurate and prompt 4 23 reporting of sexual assault including sexual abuse, domestic 4 24 violence, dating violence, and stalking to the duly constituted 4 25 law enforcement authorities. LSB 6069YH (4) 87 kh/rj