Iowa-2015-SF79-Introduced
Senate File 79 - Introduced
SENATE FILE
BY BOLKCOM and DVORSKY
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 1481XS (5) 86
kh/rj
PAG LIN
1 1 Section 1. Section 260C.14, subsection 18, Code 2015, is
1 2 amended to read as follows:
1 3 18. Develop and implement a written policy, which is
1 4 concerning 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 addressing and shall do all of the following four 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
1 16 person engaged in the sexual activity is responsible for
1 17 ensuring that the person has the affirmative consent of any
1 18 other person engaging in the sexual activity. Lack of protest
1 19 or resistance does not mean consent. Silence does not mean
1 20 consent. Affirmative consent must be ongoing throughout a
1 21 sexual activity and can be revoked at any time. The existence
1 22 of a dating relationship between the persons involved, or the
1 23 fact of past sexual relations between them, shall not by itself
1 24 be assumed to be an indicator of consent.
1 25 b. Address the following four affected areas:
1 26 (1) Counseling.
1 27 b. (2) Campus security.
1 28 c. (3) Education, including prevention, protection, and the
1 29 rights and duties of students and employees of the community
1 30 college.
1 31 d. (4) Facilitating the The 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 2015,
2 1 is amended to read as follows:
2 2 f. Develops and implements a written policy, which is
2 3 concerning 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 addressing and shall do all of the following four 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 to
2 12 sexual activity. For purposes of this subsection, "affirmative
2 13 consent" means affirmative, conscious, and voluntary agreement
2 14 to engage in sexual activity. Under such standard, each
2 15 person engaged in the sexual activity is responsible for
2 16 ensuring that the person has the affirmative consent of any
2 17 other person engaging in the sexual activity. Lack of protest
2 18 or resistance does not mean consent. Silence does not mean
2 19 consent. Affirmative consent must be ongoing throughout a
2 20 sexual activity and can be revoked at any time. The existence
2 21 of a dating relationship between the persons involved, or the
2 22 fact of past sexual relations between them, shall not by itself
2 23 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 the The 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 2015, is amended
2 35 to read as follows:
3 1 28. Develop and implement a written policy, which is
3 2 concerning 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 7 and shall do all of the following four 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
3 14 person engaged in the sexual activity is responsible for
3 15 ensuring that the person has the affirmative consent of any
3 16 other person engaging in the sexual activity. Lack of protest
3 17 or resistance does not mean consent. Silence does not mean
3 18 consent. Affirmative consent must be ongoing throughout a
3 19 sexual activity and can be revoked at any time. The existence
3 20 of a dating relationship between the persons involved, or the
3 21 fact of past sexual relations between them, shall not by itself
3 22 be assumed to be an indicator of consent.
3 23 b. Address the following four affected areas:
3 24 (1) Counseling.
3 25 b. (2) Campus security.
3 26 c. (3) Education, including prevention, protection, and the
3 27 rights and duties of students and employees of the institution.
3 28 d. (4) Facilitating the The 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 shall 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" to
4 11 mean affirmative, conscious, and voluntary agreement to engage
4 12 in sexual activity. Under that standard, each person involved
4 13 in the sexual activity is responsible for ensuring that the
4 14 person has the affirmative consent of any other person engaging
4 15 in the sexual activity. Lack of protest or resistance does
4 16 not mean consent. Silence does not mean consent. Affirmative
4 17 consent must be ongoing throughout a sexual activity and can be
4 18 revoked at any time. The existence of a dating relationship
4 19 between the persons involved, or the fact of past sexual
4 20 relations between them, shall not by itself be assumed to be
4 21 an indicator 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 1481XS (5) 86
kh/rj