Report on NYS Executive Budget Proposal to Establish Affirmative Consent Policy regarding Sexual Assault on College Campuses

SUMMARY

The Sex and Law Committee submitted comments on the provisions in the 2015-16 State Executive Budget that would establish an affirmative consent policy regarding sexual assaults on college campuses. While strongly supporting the creation of affirmative consent policies and applauding many aspects of the policy, the Committee raised two important concerns. First, the definition of affirmative consent is ambiguous as to the inclusion of non-verbal consent indicators, and thus may be interpreted to find only explicit verbal consent as sufficient proof of an agreement to engage in sexual activity. This is impractical and has the potential to sweep in consensual sexual activity. Second, the concept of “impairment” is too broad, and also has the potential to encompass a vast amount of sexual activity where both parties have the mental capacity to consent. The Committee stressed the importance of clear definitions in light of the serious consequences of a finding of sexual assault and the minimal due process standards applied to student misconduct hearings.

BILL INFORMATION

A.3006 / S.2006 (Part H), Education, Labor and Family Assistance Article VII Legislation, 2015-16 NYS Budget – creating an affirmative consent policy 

OUTCOME

Spring 2015 44th Street Notes: “Legislative Update: Passage of a State Budget”