Sponsored by:
Assemblywoman MARISA SWEENEY
District 25 (Morris and Passaic)
Assemblywoman SHANIQUE SPEIGHT
District 29 (Essex and Hudson)
Assemblywoman ROSAURA "ROSY" BAGOLIE
District 27 (Essex and Passaic)
SYNOPSIS
Requires four-year institutions of higher education to provide training on affirmative consent and certain federal Title IX requirements to first-year and transfer students.
CURRENT VERSION OF TEXT
As introduced.
An Act concerning student training on campus sexual assault and violence and supplementing Title 18A of the New Jersey Statutes.
Be It Enacted by the Senate and General Assembly of the State of New Jersey:
1. a. As used in this section:
“Affirmative consent” means affirmative, conscious, and voluntary agreement to engage in sexual activity.
“Sexual assault,” “domestic violence,” “dating violence,” and “stalking” shall have the same meaning as set forth in section 485(f) of the federal “Higher Education Act of 1965,” 20 U.S.C. s.1092(f).
b. A four-year institution of higher education shall annually provide to each incoming first-year and transfer student enrolled in an undergraduate degree program of the institution training on affirmative consent and the requirements of Title IX of the Education Amendments Act of 1972, 20 U.S.C. s.1681 et seq., related to sexual assault, domestic violence, dating violence, and stalking. The training may be included as part of any orientation program provided to incoming first-year and transfer students.
c. The training required pursuant to this section shall include, but not be limited to, information on:
(1) the responsibility of each person involved in a sexual activity to ensure that the person has the affirmative consent of the involved participants to engage in the sexual activity, and the necessity that each person understand that affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time;
(2) the institution’s policy on prevention and reporting of incidents of sexual assault, domestic violence, dating violence, and stalking; and
(3) the reporting and investigatory procedures required under Title IX of the Education Amendments Act of 1972, 20 U.S.C. s.1681 et seq.
d. A four-year institution of higher education may provide the training required pursuant to this section in an interactive, online format to incoming first-year and transfer students who are enrolled solely in an online learning program.
e. Each four-year institution of higher education shall regularly assess, and update as necessary, the training provided pursuant to this section to ensure its effectiveness and relevance for students.
2. This act shall take effect immediately and first apply to the first full academic year following the date of enactment.
STATEMENT
This bill requires each four-year institution of higher education to annually provide to each incoming first-year and transfer student enrolled in an undergraduate degree program of the institution training on affirmative consent and the requirements of the federal Title IX law.
Specifically, the student training provided by an institution is required to include, but not be limited to, information on: (1) the responsibility of each person involved in a sexual activity to ensure that the person has the affirmative consent of the involved participants to engage in the sexual activity, and the necessity that each person understand that affirmative consent must be ongoing throughout a sexual activity and can be revoked at any time; (2) the institution’s policy to prevent and report sexual assault, domestic violence, dating violence, and stalking; and (3) the reporting and investigatory procedures required under Title IX.
An institution may provide the required training in an interactive, online format to incoming first-year students who are enrolled solely in an online learning program.
Finally, each institution is required to regularly assess, and if necessary, update, the student training provided to ensure its effectiveness and relevance for students.