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Senate File 79 - IntroducedA Bill ForAn Act 1relating to sexual assault policies adopted by state and
2accredited private postsecondary institutions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 260C.14, subsection 18, Code 2015, is
2amended to read as follows:
318. Develop and implement a written policy, which is
4 concerning sexual assault as defined in section 915.40, and
5domestic violence, dating violence, and stalking as defined in
6the federal Higher Education Act of 1965, 20 U.S.C. §1092(f),
7involving a student, both on and off campus. The policy shall
8be disseminated during student registration or orientation,
9addressing and shall do all of the following four areas
10relating to sexual abuse:
11a. Include an affirmative consent standard in the
12determination of whether consent was given by both parties to
13sexual activity. For purposes of this subsection, “affirmative
14consent” means affirmative, conscious, and voluntary agreement
15to engage in sexual activity. Under such standard, each
16person engaged in the sexual activity is responsible for
17ensuring that the person has the affirmative consent of any
18other person engaging in the sexual activity. Lack of protest
19or resistance does not mean consent. Silence does not mean
20consent. Affirmative consent must be ongoing throughout a
21sexual activity and can be revoked at any time. The existence
22of a dating relationship between the persons involved, or the
23fact of past sexual relations between them, shall not by itself
24be assumed to be an indicator of consent.
25b. Address the following four affected areas:
26(1) Counseling.
27b. (2) Campus security.
28c. (3) Education, including prevention, protection, and the
29rights and duties of students and employees of the community
30college.
31d. (4) Facilitating the The accurate and prompt reporting
32of sexual assault including sexual abuse, domestic violence,
33dating violence, and stalking to the duly constituted law
34enforcement authorities.
35 Sec. 2. Section 261.9, subsection 1, paragraph f, Code 2015,
-1-1is amended to read as follows:
2f. Develops and implements a written policy, which is
3 concerning sexual assault as defined in section 915.40, and
4domestic violence, dating violence, and stalking as defined in
5the federal Higher Education Act of 1965, 20 U.S.C. §1092(f),
6involving a student, both on and off campus. The policy shall
7be disseminated during student registration or orientation,
8addressing and shall do all of the following four areas
9relating to sexual abuse:
10(1) Include an affirmative consent standard in the
11determination of whether consent was given by both parties to
12sexual activity. For purposes of this subsection, “affirmative
13consent” means affirmative, conscious, and voluntary agreement
14to engage in sexual activity. Under such standard, each
15person engaged in the sexual activity is responsible for
16ensuring that the person has the affirmative consent of any
17other person engaging in the sexual activity. Lack of protest
18or resistance does not mean consent. Silence does not mean
19consent. Affirmative consent must be ongoing throughout a
20sexual activity and can be revoked at any time. The existence
21of a dating relationship between the persons involved, or the
22fact of past sexual relations between them, shall not by itself
23be assumed to be an indicator of consent.
24(2) Address the following four affected areas:
25(a) Counseling.
26(2) (b) Campus security.
27(3) (c) Education, including prevention, protection,
28and the rights and duties of students and employees of the
29institution.
30(4) (d) Facilitating the The accurate and prompt reporting
31of sexual assault including sexual abuse, domestic violence,
32dating violence, and stalking to the duly constituted law
33enforcement authorities.
34 Sec. 3. Section 262.9, subsection 28, Code 2015, is amended
35to read as follows:
-2- 128. Develop and implement a written policy, which is
2 concerning sexual assault as defined in section 915.40, and
3domestic violence, dating violence, and stalking as defined in
4the federal Higher Education Act of 1965, 20 U.S.C. §1092(f),
5involving a student, both on and off campus. The policy shall
6be disseminated during registration or orientation, addressing
7 and shall do all of the following four areas relating to sexual
8abuse:
9a. Include an affirmative consent standard in the
10determination of whether consent was given by both parties to
11sexual activity. For purposes of this subsection, “affirmative
12consent” means affirmative, conscious, and voluntary agreement
13to engage in sexual activity. Under such standard, each
14person engaged in the sexual activity is responsible for
15ensuring that the person has the affirmative consent of any
16other person engaging in the sexual activity. Lack of protest
17or resistance does not mean consent. Silence does not mean
18consent. Affirmative consent must be ongoing throughout a
19sexual activity and can be revoked at any time. The existence
20of a dating relationship between the persons involved, or the
21fact of past sexual relations between them, shall not by itself
22be assumed to be an indicator of consent.
23b. Address the following four affected areas:
24(1) Counseling.
25b. (2) Campus security.
26c. (3) Education, including prevention, protection, and the
27rights and duties of students and employees of the institution.
28d. (4) Facilitating the The accurate and prompt reporting
29of sexual assault including sexual abuse, domestic violence,
30dating violence, and stalking to the duly constituted law
31enforcement authorities.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35This bill modifies the current requirement that all
-3-1community colleges, regents universities, and accredited
2postsecondary private institutions develop, implement, and
3disseminate a written sexual assault policy. The bill provides
4that the policy developed, implemented, and disseminated
5concerns sexual assault including sexual abuse, domestic
6violence, dating violence, and stalking involving a student,
7both on and off campus.
8The policy shall include an affirmative consent standard in
9the determination of whether consent was given by parties to
10the sexual activity. The bill defines “affirmative consent” to
11mean affirmative, conscious, and voluntary agreement to engage
12in sexual activity. Under that standard, each person involved
13in the sexual activity is responsible for ensuring that the
14person has the affirmative consent of any other person engaging
15in the sexual activity. Lack of protest or resistance does
16not mean consent. Silence does not mean consent. Affirmative
17consent must be ongoing throughout a sexual activity and can be
18revoked at any time. The existence of a dating relationship
19between the persons involved, or the fact of past sexual
20relations between them, shall not by itself be assumed to be
21an indicator of consent.
22The policy must also address the accurate and prompt
23reporting of sexual assault including sexual abuse, domestic
24violence, dating violence, and stalking to the duly constituted
25law enforcement authorities.
-4-
2accredited private postsecondary institutions.
3BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:
1 Section 1. Section 260C.14, subsection 18, Code 2015, is
2amended to read as follows:
318. Develop and implement a written policy, which is
4 concerning sexual assault as defined in section 915.40, and
5domestic violence, dating violence, and stalking as defined in
6the federal Higher Education Act of 1965, 20 U.S.C. §1092(f),
7involving a student, both on and off campus. The policy shall
8be disseminated during student registration or orientation,
9addressing and shall do all of the following four areas
10relating to sexual abuse:
11a. Include an affirmative consent standard in the
12determination of whether consent was given by both parties to
13sexual activity. For purposes of this subsection, “affirmative
14consent” means affirmative, conscious, and voluntary agreement
15to engage in sexual activity. Under such standard, each
16person engaged in the sexual activity is responsible for
17ensuring that the person has the affirmative consent of any
18other person engaging in the sexual activity. Lack of protest
19or resistance does not mean consent. Silence does not mean
20consent. Affirmative consent must be ongoing throughout a
21sexual activity and can be revoked at any time. The existence
22of a dating relationship between the persons involved, or the
23fact of past sexual relations between them, shall not by itself
24be assumed to be an indicator of consent.
25b. Address the following four affected areas:
26(1) Counseling.
27b. (2) Campus security.
28c. (3) Education, including prevention, protection, and the
29rights and duties of students and employees of the community
30college.
31d. (4) Facilitating the The accurate and prompt reporting
32of sexual assault including sexual abuse, domestic violence,
33dating violence, and stalking to the duly constituted law
34enforcement authorities.
35 Sec. 2. Section 261.9, subsection 1, paragraph f, Code 2015,
-1-1is amended to read as follows:
2f. Develops and implements a written policy, which is
3 concerning sexual assault as defined in section 915.40, and
4domestic violence, dating violence, and stalking as defined in
5the federal Higher Education Act of 1965, 20 U.S.C. §1092(f),
6involving a student, both on and off campus. The policy shall
7be disseminated during student registration or orientation,
8addressing and shall do all of the following four areas
9relating to sexual abuse:
10(1) Include an affirmative consent standard in the
11determination of whether consent was given by both parties to
12sexual activity. For purposes of this subsection, “affirmative
13consent” means affirmative, conscious, and voluntary agreement
14to engage in sexual activity. Under such standard, each
15person engaged in the sexual activity is responsible for
16ensuring that the person has the affirmative consent of any
17other person engaging in the sexual activity. Lack of protest
18or resistance does not mean consent. Silence does not mean
19consent. Affirmative consent must be ongoing throughout a
20sexual activity and can be revoked at any time. The existence
21of a dating relationship between the persons involved, or the
22fact of past sexual relations between them, shall not by itself
23be assumed to be an indicator of consent.
24(2) Address the following four affected areas:
25(a) Counseling.
26(2) (b) Campus security.
27(3) (c) Education, including prevention, protection,
28and the rights and duties of students and employees of the
29institution.
30(4) (d) Facilitating the The accurate and prompt reporting
31of sexual assault including sexual abuse, domestic violence,
32dating violence, and stalking to the duly constituted law
33enforcement authorities.
34 Sec. 3. Section 262.9, subsection 28, Code 2015, is amended
35to read as follows:
-2- 128. Develop and implement a written policy, which is
2 concerning sexual assault as defined in section 915.40, and
3domestic violence, dating violence, and stalking as defined in
4the federal Higher Education Act of 1965, 20 U.S.C. §1092(f),
5involving a student, both on and off campus. The policy shall
6be disseminated during registration or orientation, addressing
7 and shall do all of the following four areas relating to sexual
8abuse:
9a. Include an affirmative consent standard in the
10determination of whether consent was given by both parties to
11sexual activity. For purposes of this subsection, “affirmative
12consent” means affirmative, conscious, and voluntary agreement
13to engage in sexual activity. Under such standard, each
14person engaged in the sexual activity is responsible for
15ensuring that the person has the affirmative consent of any
16other person engaging in the sexual activity. Lack of protest
17or resistance does not mean consent. Silence does not mean
18consent. Affirmative consent must be ongoing throughout a
19sexual activity and can be revoked at any time. The existence
20of a dating relationship between the persons involved, or the
21fact of past sexual relations between them, shall not by itself
22be assumed to be an indicator of consent.
23b. Address the following four affected areas:
24(1) Counseling.
25b. (2) Campus security.
26c. (3) Education, including prevention, protection, and the
27rights and duties of students and employees of the institution.
28d. (4) Facilitating the The accurate and prompt reporting
29of sexual assault including sexual abuse, domestic violence,
30dating violence, and stalking to the duly constituted law
31enforcement authorities.
32EXPLANATION
33The inclusion of this explanation does not constitute agreement with
34the explanation’s substance by the members of the general assembly.
35This bill modifies the current requirement that all
-3-1community colleges, regents universities, and accredited
2postsecondary private institutions develop, implement, and
3disseminate a written sexual assault policy. The bill provides
4that the policy developed, implemented, and disseminated
5concerns sexual assault including sexual abuse, domestic
6violence, dating violence, and stalking involving a student,
7both on and off campus.
8The policy shall include an affirmative consent standard in
9the determination of whether consent was given by parties to
10the sexual activity. The bill defines “affirmative consent” to
11mean affirmative, conscious, and voluntary agreement to engage
12in sexual activity. Under that standard, each person involved
13in the sexual activity is responsible for ensuring that the
14person has the affirmative consent of any other person engaging
15in the sexual activity. Lack of protest or resistance does
16not mean consent. Silence does not mean consent. Affirmative
17consent must be ongoing throughout a sexual activity and can be
18revoked at any time. The existence of a dating relationship
19between the persons involved, or the fact of past sexual
20relations between them, shall not by itself be assumed to be
21an indicator of consent.
22The policy must also address the accurate and prompt
23reporting of sexual assault including sexual abuse, domestic
24violence, dating violence, and stalking to the duly constituted
25law enforcement authorities.
-4-