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HF 1951

as introduced - 91st Legislature (2019 - 2020) Posted on 05/02/2019 03:44pm

KEY: stricken = removed, old language.
underscored = added, new language.
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A bill for an act
relating to higher education; requiring affirmative consent standards in campus
sexual assault policies; amending Minnesota Statutes 2018, section 135A.15,
subdivision 8, by adding a subdivision.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:

Section 1.

Minnesota Statutes 2018, section 135A.15, is amended by adding a subdivision
to read:


new text begin Subd. 3a. new text end

new text begin Affirmative consent. new text end

new text begin The policy required under subdivision 1 shall include
a provision that establishes an affirmative consent standard. An institution's affirmative
consent standard, at a minimum, must incorporate the following elements:
new text end

new text begin (1) all parties to sexual activity must affirmatively express their consent to the activity.
Consent must be knowing and voluntary and not the result of force, coercion, or intimidation.
Consent must be active. Consent must be given by words or actions that create mutually
understandable, unambiguous permission regarding willingness to engage in, and the
conditions of, sexual activity;
new text end

new text begin (2) silence, lack of protest, or failure to resist, without active indications of consent, is
not consent;
new text end

new text begin (3) consent to any one form of sexual activity does not imply consent to any other forms
of sexual activity;
new text end

new text begin (4) consent may be withdrawn at any time;
new text end

new text begin (5) previous relationships or prior consent do not imply consent to future sexual acts;
and
new text end

new text begin (6) a person is deemed incapable of consenting when that person is:
new text end

new text begin (i) unable to communicate or understand the nature or extent of a sexual situation due
to mental or physical incapacitation or impairment; or
new text end

new text begin (ii) physically helpless, either due to the effects of drugs or alcohol, or because the person
is asleep.
new text end

Sec. 2.

Minnesota Statutes 2018, section 135A.15, subdivision 8, is amended to read:


Subd. 8.

Comprehensive training.

(a) A postsecondary institution must provide campus
security officers and campus administrators responsible for investigating or adjudicating
complaints of sexual assault with comprehensive training on preventing and responding to
sexual assault in collaboration with the Bureau of Criminal Apprehension or another law
enforcement agency with expertise in criminal sexual conduct. The training for campus
security officers shall include a presentation on the dynamics of sexual assault,
neurobiological responses to trauma, and best practices for preventing, responding to, and
investigating sexual assault. The training for campus administrators responsible for
investigating or adjudicating complaints on sexual assault shall include presentations on
preventing sexual assault, responding to incidents of sexual assault, the dynamics of sexual
assault, neurobiological responses to trauma, and compliance with state and federal laws
on sexual assault.

(b) The following categories of students who attend, or will attend, one or more courses
on campus or will participate in on-campus activities must be provided sexual assault
training:

(1) students pursuing a degree or certificate;

(2) students who are taking courses through the Postsecondary Enrollment Options Act;
and

(3) any other categories of students determined by the institution.

Students must complete such training no later than ten business days after the start of a
student's first semester of classes. Once a student completes the training, institutions must
document the student's completion of the training and provide proof of training completion
to a student at the student's request. Students enrolled at more than one institution within
the same system at the same time are only required to complete the training once.

The training shall include information about topics including but not limited to sexual
assault as defined in subdivision 1a; new text beginaffirmative new text endconsent as defined in deleted text beginsection 609.341,
subdivision
4
deleted text endnew text begin subdivision 3anew text end; preventing and reducing the prevalence of sexual assault;
procedures for reporting campus sexual assault; and campus resources on sexual assault,
including organizations that support victims of sexual assault.

(c) A postsecondary institution shall annually train individuals responsible for responding
to reports of sexual assault. This training shall include information about best practices for
interacting with victims of sexual assault, including how to reduce the emotional distress
resulting from the reporting, investigatory, and disciplinary process.