HB 151 — POST-SECONDARY AFFIRMATIVE CONSENT POLICIES

h , e h t u g (a) who is or has been in a social e b l e e , gh relationship of a romantic or intimate nature with the n d d i = = o h l ] b ,d complainant;

and i a º r e r = (b) where the existence of such a t e w d m a n o d m :

b r e t º o t n = .227254.1AIC February 14, 2024 (11:51pm) s k m e - 5 - e a n e d r e l u [ A d relationship shall be determined based on the length of the relationship, the type of relationship and the frequency of interaction between the parties involved in the relationship;

(4) "domestic violence" means domestic abuse as defined in Section 40-13-2 NMSA 1978 or crimes against household members as defined in Sections 30-3-12 through 30-3-16 NMSA 1978;

(5) "harassment or stalking" means harassment, stalking and aggravated stalking as defined in Sections 30-3A-2 through 30-3A-3.1 NMSA 1978;

(6) "post-secondary educational institution" means a public, private, nonprofit or for-profit educational institution chartered, incorporated or otherwise organized in this state that is legally authorized to award a vocational or technical certificate or a degree at an associate level or above with a physical presence in this state;

h (7) "responding party" means a party who has u » r t h been accused of an alleged incident of sexual assault, domestic g e l i violence, dating violence or harassment or stalking;

h r i s (8) "sexual assault" means sexual offenses h , e h t u g described in Sections 30-9-11 through 30-9-14 and 30-9-14.3 e b l e e , gh NMSA 1978;

n d d i = = o h l ] b ,d (9) "student" means a person who is enrolled i a º r e r = in a credit-bearing program through a post-secondary t e w d m a n o d m :

b r e t º o t n = .227254.1AIC February 14, 2024 (11:51pm) s k m e - 6 - e a n e d r e l u [ A d educational institution, whether enrolled part-time, full-time or in an extension program or who has taken a leave of absence or has withdrawn from the institution due to being a complainant;

(10) "trauma-informed policy" means a program or system that considers the widespread impact of trauma and understands potential paths for recovery;

recognizes the signs and symptoms of trauma in clients, families, staff and others involved with the system;

responds by fully integrating knowledge about trauma into policies, procedures and practices;

and seeks to actively resist re-traumatization;

and (11) "trauma-informed response" means a response involving an understanding of the complexities of dating violence, domestic violence, sexual assault and harassment or stalking through training centered on the neurobiological impact of trauma, the influence of societal h myths and stereotypes surrounding the causes and impacts of u » r t h trauma with an understanding of perpetration methodology and g e l i how to conduct an effective investigation.»SJC h r i s SJCºSECTION 1.

[NEW MATERIAL] POLICIES AND PROCEDURES h , e h t u g ADDRESSING AFFIRMATIVE CONSENT.-- e b l e e , gh A.

A post-secondary educational institution shall n d d i = = o h l ] b ,d adopt policies and procedures that shall:

i a º r e r = (1) reference an affirmative consent standard t e w d m a n o d m :

b r e t º o t n = .227254.1AIC February 14, 2024 (11:51pm) s k m e - 7 - e a n e d r e l u [ A d in the determination of whether consent was given by all parties to sexual activity;

and HB 151/a Page 1 (4) specify that the existence of a dating relationship or sexual relations shall not alone be affirmative consent.

h g B.

o t hr (1) appropriate protections in any g e i k investigation of offending conduct of the parties and witnesses h r i s h involved, including confidentiality;

, t, e u g (2) that all parties who participate as a e b l e e h complainant or witness in an investigation will not be subject nto ddisciplinary dsanctions ifor =a =violation oof hthe lpost-secondary ]educational binstitution ,dstudent toconduct disciplinarypolicy sanctionsat foror anear violationthe time of the post-secondaryincident, iunless athe ºpost- esecondary reducational iinstitution =determines rthat educationalthe institutionviolation studentwas conductegregious, policyincluding atan oraction nearthat places the thealth eor wsafety dof many aother nparty oat drisk mor :involves plagiarism, cheating or academic dishonesty;

b(3) erequirements dfor s º o t n = .227254.1AIC February 14, 2024 (11:51pm) s k m e - 8 - e a ntraining eprogram dof remployees eor lcontractors uinvolved [in Ainvestigating dallegations time of theoffending incident,conduct, unlesscounseling, the post-secondary educational institution determines that the violation was egregious, including an action that places the health orcare safetyand ofreporting anyto otherlaw partyenforcement; at risk or involves plagiarism, cheating or academic dishonesty;

and (3)(4) requirementsimplementing forany aawareness trainingprevention programprograms, ofincluding employeesprimary orprevention, contractorsbystander involvedintervention in investigating allegations of offending conduct, counseling, health care and reportingrisk toreduction lawprograms enforcement;that:

(4)(a) implementinginclude anya awarenessrange of prevention programs,strategies, including empowerment programming, HB 151/a Page 2 awareness-raising campaigns, primary prevention, bystander intervention and risk reductionreduction; programs that:

(a)(b) includeadvise astudents range of preventionthe strategies,policies includingand empowermentprocedures programming,on awareness-raisingaffirmative campaigns,consent; primary prevention, bystander intervention and risk reduction;

h (b) advise students of the policies and u(c) »are rincluded tas hpart proceduresof onevery affirmativeincoming consent;student's orientation.

andC. g e l i (c) are included as part of every h r i s incoming student's orientation.

h , e h t u g C.

e b l e e , gh (1) "affirmative consent" means affirmative, n d d i = = o h l ] b ,d conscious and voluntary agreement to engage in sexual activity;

i(2) a"post-secondary ºeducational rinstitution" emeans ra =public, (2)private, "post-secondarynonprofit or for-profit educational institution"institution tchartered, eincorporated wor dotherwise moperating in this state that is legally authorized to award a nvocational oor dtechnical mcertificate :or a degree at an associate level or above with a physical presence in this state;

b r e t º o t n = .227254.1AIC February 14, 2024 (11:51pm) s k m e - 9 - e a n e d r e l u [ A d means a public, private, nonprofit or for-profit educational institution chartered, incorporated or otherwise operating in this state that is legally authorized to award a vocational or technical certificate or a degree at an associate level or above with a physical presence in this state;

recognizes the HB 151/a Page 3 signs and symptoms of trauma in clients, families, staff and others involved with the system;

responds by fully integrating h knowledge about trauma into policies, procedures and practices;

u » r t h and seeks to actively resist re-traumatization;re- traumatization;

and g e l i (5) "trauma-informed response" means a h r i s response involving an understanding of the complexities of h , e h t u g dating violence, domestic violence, sexual assault and e b l e e , gh harassment or stalking through training centered on the n d d i = = o h l ] b ,d neurobiological impact of trauma, the influence of societal i a º r e r = myths and stereotypes surrounding the causes and impacts of ttrauma ewith wan dunderstanding mof aperpetration nmethodology oand dhow mto :conduct an effective investigation.

bHB r151/a ePage t4 º25 o t n = .227254.1AIC February 14, 2024 (11:51pm) s k m e - 10 - e a n e d r e l u [ A d trauma with an understanding of perpetration methodology and how to conduct an effective investigation.»SJC - 11 - » g o » r h t i k l i g t h s , e h t l i w l b l e e , g n d l h = = b , a l º d i a r e r = , a t e d m a n o d m :

b r e t º o t n = .227254.1AIC February 14, 2024 (11:51pm) s k em e e a n e d r e l u [ A d