House File 390 - Introduced HOUSE FILE 390 BY HALL , KRESSIG , DAWSON , STECKMAN , STUTSMAN , FINKENAUER , OURTH , ANDERSON , OLDSON , LENSING , WINCKLER , HANSON , and MASCHER (COMPANION TO SF 79 BY BOLKCOM) A BILL FOR An Act relating to sexual assault policies adopted by state and 1 accredited private postsecondary institutions. 2 BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA: 3 TLSB 1481YH (4) 86 kh/rj

H.F. 390 Section 1. Section 260C.14, subsection 18, Code 2015, is 1 amended to read as follows: 2 18. Develop and implement a written policy , which is 3 concerning sexual assault as defined in section 915.40, and 4 domestic violence, dating violence, and stalking as defined in 5 the federal Higher Education Act of 1965, 20 U.S.C. §1092(f), 6 involving a student, both on and off campus. The policy shall 7 be disseminated during student registration or orientation , 8 addressing and shall do all of the following four areas 9 relating to sexual abuse : 10 a. Include an affirmative consent standard in the 11 determination of whether consent was given by both parties to 12 sexual activity. For purposes of this subsection, “affirmative 13 consent” means affirmative, conscious, and voluntary agreement 14 to engage in sexual activity. Under such standard, each 15 person engaged in the sexual activity is responsible for 16 ensuring that the person has the affirmative consent of any 17 other person engaging in the sexual activity. Lack of protest 18 or resistance does not mean consent. Silence does not mean 19 consent. Affirmative consent must be ongoing throughout a 20 sexual activity and can be revoked at any time. The existence 21 of a dating relationship between the persons involved, or the 22 fact of past sexual relations between them, shall not by itself 23 be assumed to be an indicator of consent. 24 b. Address the following four affected areas: 25 (1) Counseling. 26 b. (2) Campus security. 27 c. (3) Education, including prevention, protection, and the 28 rights and duties of students and employees of the community 29 college. 30 d. (4) Facilitating the The accurate and prompt reporting 31 of sexual assault including sexual abuse , domestic violence, 32 dating violence, and stalking to the duly constituted law 33 enforcement authorities. 34 Sec. 2. Section 261.9, subsection 1, paragraph f, Code 2015, 35 -1- LSB 1481YH (4) 86 kh/rj 1/ 4

H.F. 390 is amended to read as follows: 1 f. Develops and implements a written policy , which is 2 concerning sexual assault as defined in section 915.40, and 3 domestic violence, dating violence, and stalking as defined in 4 the federal Higher Education Act of 1965, 20 U.S.C. §1092(f), 5 involving a student, both on and off campus. The policy shall 6 be disseminated during student registration or orientation , 7 addressing and shall do all of the following four areas 8 relating to sexual abuse : 9 (1) Include an affirmative consent standard in the 10 determination of whether consent was given by both parties to 11 sexual activity. For purposes of this subsection, “affirmative 12 consent” means affirmative, conscious, and voluntary agreement 13 to engage in sexual activity. Under such standard, each 14 person engaged in the sexual activity is responsible for 15 ensuring that the person has the affirmative consent of any 16 other person engaging in the sexual activity. Lack of protest 17 or resistance does not mean consent. Silence does not mean 18 consent. Affirmative consent must be ongoing throughout a 19 sexual activity and can be revoked at any time. The existence 20 of a dating relationship between the persons involved, or the 21 fact of past sexual relations between them, shall not by itself 22 be assumed to be an indicator of consent. 23 (2) Address the following four affected areas: 24 (a) Counseling. 25 (2) (b) Campus security. 26 (3) (c) Education, including prevention, protection, 27 and the rights and duties of students and employees of the 28 institution. 29 (4) (d) Facilitating the The accurate and prompt reporting 30 of sexual assault including sexual abuse , domestic violence, 31 dating violence, and stalking to the duly constituted law 32 enforcement authorities. 33 Sec. 3. Section 262.9, subsection 28, Code 2015, is amended 34 to read as follows: 35 -2- LSB 1481YH (4) 86 kh/rj 2/ 4

H.F. 390 28. Develop and implement a written policy , which is 1 concerning sexual assault as defined in section 915.40, and 2 domestic violence, dating violence, and stalking as defined in 3 the federal Higher Education Act of 1965, 20 U.S.C. §1092(f), 4 involving a student, both on and off campus. The policy shall 5 be disseminated during registration or orientation , addressing 6 and shall do all of the following four areas relating to sexual 7 abuse : 8 a. Include an affirmative consent standard in the 9 determination of whether consent was given by both parties to 10 sexual activity. For purposes of this subsection, “affirmative 11 consent” means affirmative, conscious, and voluntary agreement 12 to engage in sexual activity. Under such standard, each 13 person engaged in the sexual activity is responsible for 14 ensuring that the person has the affirmative consent of any 15 other person engaging in the sexual activity. Lack of protest 16 or resistance does not mean consent. Silence does not mean 17 consent. Affirmative consent must be ongoing throughout a 18 sexual activity and can be revoked at any time. The existence 19 of a dating relationship between the persons involved, or the 20 fact of past sexual relations between them, shall not by itself 21 be assumed to be an indicator of consent. 22 b. Address the following four affected areas: 23 (1) Counseling. 24 b. (2) Campus security. 25 c. (3) Education, including prevention, protection, and the 26 rights and duties of students and employees of the institution. 27 d. (4) Facilitating the The accurate and prompt reporting 28 of sexual assault including sexual abuse , domestic violence, 29 dating violence, and stalking to the duly constituted law 30 enforcement authorities. 31 EXPLANATION 32 The inclusion of this explanation does not constitute agreement with 33 the explanation’s substance by the members of the general assembly. 34 This bill modifies the current requirement that all 35 -3- LSB 1481YH (4) 86 kh/rj 3/ 4

H.F. 390 community colleges, regents universities, and accredited 1 postsecondary private institutions develop, implement, and 2 disseminate a written sexual assault policy. The bill provides 3 that the policy developed, implemented, and disseminated 4 concerns sexual assault including sexual abuse, domestic 5 violence, dating violence, and stalking involving a student, 6 both on and off campus. 7 The policy shall include an affirmative consent standard in 8 the determination of whether consent was given by parties to 9 the sexual activity. The bill defines “affirmative consent” to 10 mean affirmative, conscious, and voluntary agreement to engage 11 in sexual activity. Under that standard, each person involved 12 in the sexual activity is responsible for ensuring that the 13 person has the affirmative consent of any other person engaging 14 in the sexual activity. Lack of protest or resistance does 15 not mean consent. Silence does not mean consent. Affirmative 16 consent must be ongoing throughout a sexual activity and can be 17 revoked at any time. The existence of a dating relationship 18 between the persons involved, or the fact of past sexual 19 relations between them, shall not by itself be assumed to be 20 an indicator of consent. 21 The policy must also address the accurate and prompt 22 reporting of sexual assault including sexual abuse, domestic 23 violence, dating violence, and stalking to the duly constituted 24 law enforcement authorities. 25 -4- LSB 1481YH (4) 86 kh/rj 4/ 4