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SF 2126

as introduced - 89th Legislature (2015 - 2016) Posted on 04/29/2015 08:28am

KEY: stricken = removed, old language.
underscored = added, new language.

Current Version - as introduced

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A bill for an act
relating to education; requiring sexual assault and sexual harassment policies to
contain an affirmative consent standard; encouraging good-faith reporting of
incidents of sexual harassment and sexual violence; requiring sexual harassment
and sexual violence outreach and prevention; establishing a grant program to
create a consent curriculum for middle and high school students; appropriating
money; amending Minnesota Statutes 2014, section 135A.15, subdivision 1,
by adding subdivisions.

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

Section 1.

Minnesota Statutes 2014, section 135A.15, subdivision 1, is amended to read:


Subdivision 1.

Policy required.

The Board of Trustees of the Minnesota State
Colleges and Universities shall, and the University of Minnesota is requested to, adopt
a clear, understandable written policy on sexual harassment and sexual violence that
informs victims of their rights under the crime victims bill of rights, including the right to
assistance from the Crime Victims Reparations Board and the commissioner of public
safety. The policy must apply to students and employees and must provide information
about their rights and duties. The policy must apply to criminal incidents occurring on
property owned by the postsecondary system or institution in which the victim is a
student or employee of that system or institution. It must include procedures for reporting
incidents of sexual harassment or sexual violence and for disciplinary actions against
violators. During student registration, each technical college, community college, or state
university shall, and the University of Minnesota is requested to, provide each student with
information regarding its policy. A copy of the policy also shall be posted at appropriate
locations on campus at all times. Each private postsecondary institution that is an eligible
institution as defined in section 136A.155, must deleted text begin adopt a policy that meets the requirements
of this section
deleted text end new text begin comply with the requirements of this sectionnew text end .

Sec. 2.

Minnesota Statutes 2014, section 135A.15, is amended by adding a subdivision
to read:


new text begin Subd. 3. 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 express affirmative consent. 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, 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 mentally
defective, mentally incapacitated, or physically helpless due to drugs or alcohol, or
because the person is asleep.
new text end

Sec. 3.

Minnesota Statutes 2014, section 135A.15, is amended by adding a subdivision
to read:


new text begin Subd. 4. new text end

new text begin Uniform amnesty. new text end

new text begin The Board of Trustees of the Minnesota State Colleges
and Universities shall, and the University of Minnesota is requested to, include in the
system's sexual harassment and violence policy a provision that no student who reports,
in good faith, an act of sexual harassment or sexual violence shall be sanctioned by the
institution for admitting to a violation of the institution's student conduct policy on the use
of drugs or alcohol as part of the report.
new text end

Sec. 4.

Minnesota Statutes 2014, section 135A.15, is amended by adding a subdivision
to read:


new text begin Subd. 5. new text end

new text begin Outreach and prevention. new text end

new text begin (a) The Board of Trustees of the Minnesota
State Colleges and Universities shall, and the University of Minnesota is requested
to, implement comprehensive prevention and outreach programs addressing sexual
harassment and sexual violence. A comprehensive prevention program shall include a
range of prevention strategies, including, but not limited to, empowerment programming
for victim prevention, awareness-raising campaigns, primary prevention, bystander
intervention, and risk reduction. Outreach programs shall be provided to make students
aware of the institution's policy on sexual harassment and sexual violence, including
the definition of consent established under this section. At a minimum, an outreach
program shall include a process for contacting and informing the student body, campus
organizations, athletic programs, and student groups about the institution's overall sexual
harassment and sexual violence policy, the practical implications of an affirmative consent
standard, and the rights and responsibilities of students under the policy.
new text end

new text begin (b) The Board of Trustees of the Minnesota State Colleges and Universities shall,
and the University of Minnesota is requested to, include outreach programming as part
of every incoming student's orientation.
new text end

Sec. 5. new text begin APPROPRIATION.
new text end

new text begin $....... in fiscal year 2016 is appropriated from the general fund to the Department of
Education for a grant to the Sexual Violence Center for the creation of an age-appropriate
affirmative consent curriculum to be available for use in middle and high school.
new text end