House File 2359 - Introduced HOUSE FILE 2359 BY HALL 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 6069YH (4) 87 kh/rj

H.F. 2359 Section 1. Section 260C.14, subsection 18, Code 2018, 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 person 15 engaged in the sexual activity is responsible for ensuring that 16 the person has the affirmative consent of any other person 17 engaging in the sexual activity. Silence or lack of protest 18 or resistance does not mean consent. Affirmative consent must 19 be ongoing throughout a sexual activity and can be revoked at 20 any time. The existence of a dating relationship between the 21 persons involved, or the fact of past sexual relations between 22 the persons, shall not by itself be assumed to be an indicator 23 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 2018, 35 -1- LSB 6069YH (4) 87 kh/rj 1/ 4

H.F. 2359 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 11 to sexual activity. For purposes of this paragraph “f” , 12 “affirmative consent” means affirmative, conscious, and 13 voluntary agreement to engage in sexual activity. Under 14 such standard, each person engaged in the sexual activity is 15 responsible for ensuring that the person has the affirmative 16 consent of any other person engaging in the sexual activity. 17 Silence or lack of protest or resistance does not mean consent. 18 Affirmative consent must be ongoing throughout a sexual 19 activity and can be revoked at any time. The existence of a 20 dating relationship between the persons involved, or the fact 21 of past sexual relations between the persons, shall not by 22 itself 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 2018, is amended 34 to read as follows: 35 -2- LSB 6069YH (4) 87 kh/rj 2/ 4

H.F. 2359 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 person 13 engaged in the sexual activity is responsible for ensuring that 14 the person has the affirmative consent of any other person 15 engaging in the sexual activity. Silence or lack of protest 16 or resistance does not mean consent. Affirmative consent must 17 be ongoing throughout a sexual activity and can be revoked at 18 any time. The existence of a dating relationship between the 19 persons involved, or the fact of past sexual relations between 20 the persons, shall not by itself be assumed to be an indicator 21 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 6069YH (4) 87 kh/rj 3/ 4

H.F. 2359 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 must 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” 10 to mean affirmative, conscious, and voluntary agreement to 11 engage in sexual activity. Under that standard, each person 12 involved in the sexual activity is responsible for ensuring 13 that the person has the affirmative consent of any other person 14 engaging in the sexual activity. Silence or lack of protest 15 or resistance does not mean consent. Affirmative consent must 16 be ongoing throughout a sexual activity and can be revoked at 17 any time. The existence of a dating relationship between the 18 persons involved, or the fact of past sexual relations between 19 the persons, shall not by itself be assumed to be an indicator 20 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 6069YH (4) 87 kh/rj 4/ 4