HB 133 — SCHOOL SEXUAL ACTIVITY CONSENT STANDARDS

and t h g e l i (b) where the existence of such a h r i s relationship shall be determined based on the length of the h , e h relationship, the type of relationship and the frequency of t u g e b l e e , gh interaction between the persons involved in the relationship;

n d d i = = o h (3) "domestic violence" means domestic abuse el e] 17b ,d i a º r as defined in Section 40-13-2 NMSA 1978 or crimes against e r = t e nw d 18m a n o household members described in Sections 30-3-12 through 30-3-16 =d =m l: ] 19 NMSA 1978;

ab l r ie 20t (4)º "harassmento or stalking" means harassment, t en a= t.211329.2 stalkings andk aggravatedm stalkinge as- described6 in- Sectionse ma mn 21 e d r e 22l 30-3A-2u through[ 30-3A-3.1A d NMSA 1978;

c(4) e"harassment ror cstalking" 23 (5) "post-secondary educational institution" e a n b 24 means anharassment, academic,stalking vocational,and technical,aggravated business,stalking uas [described professional or other school, college or university or other .211329.2 - 6 - organization or person offering or purporting to offer courses, instruction, training or education, from a physical site in NewSections Mexico,30-3A-2 through distance30-3A-3.1 education,NMSA correspondence1978; or in person;

and(5) (6)"post-secondary "sexualeducational assault"institution" means sexualan offensesacademic, describedvocational, technical, business, professional or other school, college or university or other organization or person offering or purporting to offer courses, instruction, training or education, from a physical site in SectionsNew 30-9-11Mexico, through 30-9-14distance andeducation, 30-9-14.3correspondence NMSAor 1978.in person;

SECTIONSJCº 2.and»SJC (6) "sexual assault" means sexual offenses described in Sections 30-9-11 through 30-9-14 and 30-9-14.3 NMSA 1978 SJCº .

Aand»SJC newSJCº(7) section"trauma-informed ofpolicy" Chaptermeans 22,a Articleprogram 2or NMSAsystem 1978that isrealizes enactedthe towidespread read:impact of trauma and h understands potential paths for recovery;

"[NEWrecognizes MATERIAL]the ADDITIONALsigns DEPARTMENTu DUTIES--SEXUAL» ASSAULTr POLICIES.--and A.symptoms of trauma in clients, families, staff and others t h g e l i involved with the system;

Theresponds departmentby shallfully adoptintegrating detailed,h complainant-centeredr policiesi ands proceduresknowledge forabout thetrauma investigationinto ofpolicies, and disciplinary procedures addressing allegations of sexual assault, domestic violence, dating violence and harassmentpractices; or stalking involving a student, e e 17 faculty member, employee, school volunteer, contractor or e e n d 18 regent both on and off campus.

=h =, e h and seeks to actively resist re-traumatization.»SJC t u g e b l ]e 19e B., gh SECTION 2.

A new section of Chapter 22, Article 2 NMSA n d d i = = o h 1978 is enacted to read:

l ] b ,d i a º r "[NEW MATERIAL ] ADDITIONAL DEPARTMENT DUTIES--SEXUAL e r = t e w d m a n o ASSAULT POLICIES.-- d m :

b r e t º o t n = .211329.2 s k m e - 7 - e a n e d r e l u [ A d A.

The department shall adopt detailed, SJCºcomplainant-centered»SJC SJCºtrauma-informed»SJC policies and procedures for the investigation of and disciplinary procedures addressing allegations of sexual assault, domestic violence, dating violence and harassment or stalking involving a student, faculty member, employee, school volunteer SJCº , or»SJC contractor SJCºor regent»SJC both on and off campus.

B.

a l r i 20 (1) reference an affirmative consent standard t e a t in the determination of whether consent was given by both m m 21 e d r e 22 parties to sexual activity;

c e r c 23 (2) confirm that it is the responsibility of e a n b 24 each person involved in the sexual activity to ensure that the u [ person has the affirmative consent of all other participants .211329.2 - 7 - engaged in that sexual activity;

h (a) can never be given by a person who g o t hr is asleep, unconscious, incapacitated due to the influence of g e i k drugs, alcohol or medication or unable to communicate due to a h r i s mental or physical condition;

h , t, e u g (b) cannot be implied, assumed or e b l e e h inferred from silence or lack of protest or resistance;

and n d d i = = o h (c) is ongoing throughout a sexual l ] b ,d i a º e activity and can be revoked at any time;

and (4)r confirmi that= ther existencet ofe aw datingd relationshipm betweena then personso involved,(4) orconfirm that the factexistence of pasta sexualdating relationsd betweenm them,: should never by itself be assumed to be an indicator of consent.

b e d s º o t n = .211329.2 s k m e - 8 - e a n e d r e l u [ A d relationship between the persons involved, or the fact of past sexual relations between them, should never by itself be assumed to be an indicator of consent.

The standard to be used in determining whether the elements of the complaint against the respondent have been e e 17 demonstrated is the preponderance of the evidence.

e e n d 18 D.

= = l ] 19 (1) provision addressing how the school will a l r i 20 provide appropriate protections for the privacy of individuals t e a t involved, including confidentiality;

m m 21 e d r e 22 (2) provision that an individual who c e r c 23 participates as a complainant or witness in an investigation e a n b 24 will not be subject to disciplinary sanctions for a violation u [ of the school's student conduct policy at or near the time of .211329.2 - 8 - the incident, unless the school determines that the violation was egregious, including an action that places the health or h safety of any other person at risk or involves plagiarism, u » r cheating or academic dishonesty;

t h g e l i (3) description of the role of the school h r i s staff supervision;

and h , e h (4) provision for a comprehensive, trauma- t u g e b l e e , gh informed training program for school officials involved in n d d i = = o h investigating and adjudicating sexual assault, domestic l ] b ,d i a º r violence, dating violence and harassment or stalking cases.

e r = t e w d m a n o E.

(1)d anm initial: response by the school's personnel to a report of an incident, including:

(a)b writtenr notificatione tot theº complainanto aboutt then availability= of,.211329.2 ands contactk informationm for,e on-- and9 off-campus- resourcese anda servicesn ande coordinationd er e 17l withu law[ enforcement,A asd appropriate;(1) an initial response by the school's personnel to a report of an incident, including:

e(a) ewritten nnotification dto 18the (b)complainant providingabout informationthe inavailability writingof, toand =contact =information lfor, ]on- 19and theoff-campus complainantresources aboutand theservices importanceand ofcoordination preservingwith evidence;law enforcement, as appropriate;

a(b) lproviding rinformation iin 20writing (c)to the identificationcomplainant andabout locationthe importance of tpreserving eevidence; a t witnesses;

m(c) mthe 21identification e d r e 22 (d) response to stranger and non-location cof ewitnesses; r c 23 stranger sexual assault;

e(d) aresponse nto bstranger 24and (e)non- astranger preliminarysexual complainantassault; interview;

u(e) [ and .211329.2 - 9 - (f) a comprehensivepreliminary follow-up complainant interview,interview; as appropriate;

(2)and investigation(f) ofa thecomprehensive complaint,follow-up including:complainant interview, as appropriate;

(a)h contacting(2) andinvestigation interviewingof the accused;complaint, including:

(b)g seekingo thet identificationhr (a) contacting and locationinterviewing ofthe witnesses;g e i k accused;

(c)h investigatingr allegationsi thats alcohol(b) orseeking drugsthe wereidentification involvedand inh the, incident;t, location of witnesses;

ande (d)u participationg ofe complainantb advocatesl ande othere supporth persons;(c) investigating allegations that n d d i = = o h alcohol or drugs were involved in the incident;

(3)and confidentiall reporting] byb complainants,d i a º e (d) participation of complainant r i = r t e w d m a n o advocates and thirdother parties;support persons;

d m :

b e d s º o t n = .211329.2 s k m e - 10 - e a n e d r e l u [ A d (3) confidential reporting by complainants and third parties;

e e 17 (1) enter into memoranda of understanding, e e n d 18 agreements or collaborative partnerships with existing = = l ] 19 on-campus and community-based organizations, including rape a l r i 20 crisis centers, to refer students for assistance or make t e a t services available to students, including counseling, health m m 21 e d r e 22 care, mental health care, complainant advocacy, legal c e r c 23 assistance and resources for the accused;accused Hflº and the accuser»Hfl;

and e a n b 24 (2) implement comprehensive prevention and u [ outreach programs addressing affirmative consent, sexual .211329.2 - 10 - assault, domestic violence, dating violence and harassment or h stalking that:

u » r (a) include a range of prevention t h g e l i strategies, including empowerment programming, awareness- h r i s raising campaigns, primary prevention, bystander intervention h , e h and risk reduction;

t u g e b l e e , gh (b) make students aware of the policy on n d d i = = o h sexual assault, domestic violence, dating violence and l ] b ,d i a º r harassment or stalking by contacting and informing the student body,e campusr organizations,= athletict programse andw studentd groupsm abouta then school'so sexualbody, assaultcampus policy,organizations, theathletic practicalprograms implications of an affirmative consent standard and thestudent rightsd andm responsibilities: of students under the policy;

b r e t º o t n = .211329.2 s k m e - 11 - e a n e d r e l u [ A d groups about the school's sexual assault policy, the practical implications of an affirmative consent standard and the rights and responsibilities of students under the policy;

e e 17 (1) "affirmative consent" means affirmative, e e n d 18 conscious and voluntary agreement to engage in sexual activity;

= = l ] 19 (2) "dating violence" means violence committed a l r i 20 by a person:

t e a t (a) who is or has been in a social m m 21 e d r e 22 relationship of a romantic or intimate nature with the c e r c 23 complainant;

and e a n b 24 (b) where the existence of such a u [ relationship shall be determined based on the length of the .211329.2 - 11 - relationship, the type of relationship and the frequency of h interaction between the persons involved in the relationship;

g o t hr (3) "domestic violence" means domestic abuse g e i k as defined in Section 40-13-2 NMSA 1978 or crimes against h r i s household members described in Sections 30-3-12 through 30-3-16 h , t, NMSA 1978;

e u g e b l e e h (4) "harassment or stalking" means harassment, n d d i = = o h stalking and aggravated stalking as described in Sections l ] b ,d i a º e 30-3A-2 through 30-3A-3.1 NMSA 1978;

andSJCº (5)and»SJC "sexualr assault"i means= sexualr offensest describede inw Sectionsd 30-9-11m througha 30-9-14n ando 30-9-14.3(5) NMSA"sexual 1978."assault" SECTIONmeans 3.sexual offenses d m :

b e d s º o t n = .211329.2 s k m e - 12 - e a n e d r e l u [ A d described in Sections 30-9-11 through 30-9-14 and 30-9-14.3 NMSA 1978 SJCº." ;

and»SJC SJCº(6) "trauma-informed policy" means a program or system that realizes 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."»SJC SECTION 3.

At the end of grades eight through eleven, each e e 17 student shall prepare an interim next-step plan that sets forth e e n d 18 the coursework for the grades remaining until high school = = l ] 19 graduation.

Each year's plan shall explain any differences ah l r i 20 from previous interim next-step plans, shall be filed with the tu e» ar t principal of the student's high school and shall be signed by mt mh 21g e dl ri e 22 the student, the student's parent and the student's guidance ch e r ci 23s counselor or other school official charged with coursework eh a, ne bh 24 planning for the student.

t u [g e b l e e , gh B.

Each student [must ] shall complete a final next- .211329.2n -d 12d -i = = o h step plan during the senior year and prior to graduation.

The l ] b ,d i a º r plan shall be filed with the principal of the student's high e r = t e w d m a n o school and shall be signed by the student, the student's parent andd them student's: guidance counselor or other school official charged with coursework planning for the student.

b r e t º o t n = .211329.2 s k m e - 13 - e a n e d r e l u [ A d and the student's guidance counselor or other school official charged with coursework planning for the student.

e e 17 (1) curricular and course options, including e e n d 18 honors or advanced placement courses, dual-credit courses, = = l ] 19 distance learning courses, career clusters and career pathways, ah l r i 20 pre-apprenticeship programs or remediation programs that the tu e» ar t college and workplace readiness assessments indicate to be mt mh 21g e dl ri e 22 appropriate;

ch e r ci 23s (2) opportunities available that lead to eh a, ne bh 24 different post-high-school options;

and t u [g e b l e e , gh (3) alternative opportunities available if the .211329.2n -d 13d -i = = o h student does not finish a planned curriculum.

l ] b ,d i a º r E.

(1)e establishr specific= accountabilityt standardse forw administrators,d counselors,m teachersa andn schoolo district(1) staffestablish tospecific ensureaccountability thatd everym student: has the opportunity to develop a next-step plan;

b r e t º o t n = .211329.2 s k m e - 14 - e a n e d r e l u [ A d standards for administrators, counselors, teachers and school district staff to ensure that every student has the opportunity to develop a next-step plan;

Once a student has entered ninth grade, the e e 17 graduation requirements shall not be changed for that student e e n d 18 from the requirements specified in the law at the time the = = l ] 19 student entered ninth grade.

ah l r i 20 G.

Successful completion of a minimum of twenty- tg eo a t hr three units aligned to the state academic content and mg m 21 e di rk e 22 performance standards shall be required for graduation.

These ch e r ci 23s units shall be as follows:

eh a, nt, b 24 (1) four units in English, with major emphasis e u [g e b l e e h on grammar and literature;

.211329.2n -d 14d -i = = o h (2) three units in mathematics, at least one l ] b ,d i a º e of which is equivalent to the algebra 1 level or higher;

r i = r t e w d m a n o (3) two units in science, one of which shall haved am laboratory: component;

b e d s º o t n = .211329.2 s k m e - 15 - e a n e d r e l u [ A d have a laboratory component;

(7) one-half unit in New Mexico history for students entering the ninth grade beginning in the 2005-2006 e e 17 school year;

and e e n d 18 (8) nine elective units and seven and one-half = = l ] 19 elective units for students entering the ninth grade in the ah l r i 20 2005-2006 school year that meet department content and tg eo a t hr performance standards.

Student service learning shall be mg m 21 e di rk e 22 offered as an elective.

Financial literacy shall be offered as ch e r ci 23s an elective.

Pre-apprenticeship programs may be offered as eh a, nt, b 24 electives.

e u [g e b l e e h H.

For students entering the ninth grade beginning .211329.2n -d 15d -i = = o h in the 2009-2010 school year, at least one of the units l ] b ,d i a º e required for graduation shall be earned as an advanced placementr ori honors= course,r at dual-credite coursew offeredd inm cooperationa withn ano institutionplacement ofor higherhonors educationcourse, or a distancedual-credit learningcourse course.offered in d m :

b e d s º o t n = .211329.2 s k m e - 16 - e a n e d r e l u [ A d cooperation with an institution of higher education or a distance learning course.

Successful completion of a minimum e e 17 of twenty-four units aligned to the state academic content and e e n d 18 performance standards shall be required to earn a New Mexico = = l ] 19 diploma of excellence.

ah l r i 20 (1) four units in English, with major emphasis tu e» ar t on grammar, nonfiction writing and literature;

mt mh 21g e dl ri e 22 (2) four units in mathematics, of which one ch e r ci 23s shall be the equivalent to or higher than the level of algebra eh a, ne bh 24 2, unless the parent submitted written, signed permission for t u [g e b l e e , gh the student to complete a lesser mathematics unit;

and provided .211329.2n -d 16d -i = = o h that a financial literacy course that meets state mathematics l ] b ,d i a º r academic content and performance standards shall qualify as one e r = t e w d m a n o of the four required mathematics units;

(3)d threem units: in science, two of which shall have a laboratory component;

b r e t º o t n = .211329.2 s k m e - 17 - e a n e d r e l u [ A d (3) three units in science, two of which shall have a laboratory component;

e e 17 (6) one unit in one of the following:

a e e n d 18 career cluster course, workplace readiness or a language other = = l ] 19 than English;

and ah l r i 20 (7) seven and one-half elective units that tg eo a t hr meet department content and performance standards.

Career and mg m 21 e di rk e 22 technical education courses shall be offered as an elective.

ch e r ci 23s Student service learning shall be offered as an elective.

eh a, nt, b 24 Financial literacy shall be offered as an elective.

Pre- e u [g e b l e e h apprenticeship programs may be offered as electives.

Media .211329.2n -d 17d -i = = o h literacy may be offered as an elective.

l ] b ,d i a º e K.

ForHflºFor students entering the eighth grade in r i = r t e w d m a n o the 2012-2013 school year, aa»Hfl HflºA»Hfl course in health educationd ism required: prior to graduation.

b e d s º o t n = .211329.2 s k m e - 18 - e a n e d r e l u [ A d education is required Hflºfor each student»Hfl prior to graduation.

Hflº Each school district shall submit to the department by the beginning of the 2011-2012 school year a health education implementation plan for the 2012-2013 and subsequent school years, including in which grade health education will be required and how the course aligns with department content and performance standards.standards.»Hfl Health education courses shall include:

Health education courses shall include:

(a) meets department standards developed (a) e e 17 in consultation with the federal centers for disease control e e n d 18 and prevention [that are ];

=h = l ] 19 (b) is based on evidence-based methods ag lo rt ihr 20 that have proven to be effective;

tHflº and»Hfl g e ai tk (c) Hflºfor students entering the seventh h r i s grade in the 2019-2020 school year or a subsequent school h , t, e u g year,»Hfl includes a standard of affirmative mconsent mdefined 21as e db rl e 22e consenth defined as an affirmative, conscious and voluntary cagreement eto rengage cin 23n agreementd tod engagei in= = o h sexual activity;activity Hflº;»Hfl and Hflº(d)»Hfl emphasizes that:

andl ] b ,d i a º e r i = r 1) it is the responsibility of each person involved in the t e w d m a n bo 24sexual (d)activity emphasizesto that:ensure that the person has the affirmative d m :

1)b ite isd thes uº [o responsibilityt ofn each= person.211329.2 involveds ink them sexuale activity- .211329.219 - 18e -a ton ensuree thatd ther persone hasl theu affirmative[ A d consent of all other participants engaged in that sexual activity;

3) affirmative consent is ongoing throughout a sexual activity and can be 6 revoked at any time;

Students shall be trained to recognize the signs of a heart attack, use an eh e 17 automated external defibrillator and perform the Heimlich eu e» nr d 18 maneuver for choking victims.

The secretary shall promulgate =t =h lg ]e 19l i rules to provide for the:

ah l r i 20s (a) use of the following instructors for th , e ah t the training provided pursuant to this paragraph:

1) school mt mu 21g e db rl e 22e , gh nurses, health teachers and athletic department personnel as cn ed rd ci 23= = o h instructors;

and 2) any qualified persons volunteering to el a] n b 24,d i a º r provide training at no cost to the school district that the ue [r = t e w d m a n o school district determines to be eligible to offer instruction .211329.2d -m 19: - pursuant to this paragraph;

b r e t º o t n = .211329.2 s k m e - 20 - e a n e d r e l u [ A d pursuant to this paragraph;

and (2) one of the units in science required by Paragraph (3) of Subsection J of this section may comprise a computer science course if taken after the student demonstrates competence in science and if the course is not used to satisfy eh e 17 any part of the requirement set forth in Paragraph (2) of that eu e» nr d 18 subsection.

=t =h lg ]e 19l i M.

Final examinations shall be administered to all ah l r i 20s students in all classes offered for credit.

th , e ah t N.

Until July 1, 2010, a student who has not passed mt mu 21g e db rl e 22e , gh a state graduation examination in the subject areas of reading, cn ed rd ci 23= = o h English, mathematics, writing, science and social science shall el a] n b 24,d i a º r not receive a high school diploma.

The state graduation ue [r examination= ont sociale sciencew shalld includem a sectionn ono theexamination .211329.2on -social 20science -shall constitutioninclude ofa thesection Unitedon States and the constitutiond ofm New: Mexico.

b r e t º o t n = .211329.2 s k m e - 21 - e a n e d r e l u [ A d constitution of the United States and the constitution of New Mexico.

Beginning with the 2010-2011 school year, a student shall not receive a New Mexico diploma of excellence if eh e 17 the student has not demonstrated competence in the subject eu e» nr d 18 areas of mathematics, reading and language arts, writing, =t =h lg ]e 19l i social studies and science, including a section on the ah l r i 20s constitution of the United States and the constitution of New th , e ah t Mexico, based on a standards-based assessment or assessments or mt mu 21g e db rl e 22e , gh a portfolio of standards-based indicators established by the cn ed rd ci 23= = o h department by rule.

The standards-based assessments required el a] n b 24,d i a º r in Section 22-2C-4 NMSA 1978 may also serve as the assessment ue [r = t e w d m a n o required for high school graduation.

If a student exits from .211329.2d -m 21: - the school system at the end of grade twelve without having satisfied the requirements of this subsection, the student shall receive an appropriate state certificate indicating the number of credits earned and the grade completed.

b r e t º o t n = .211329.2 s k m e - 22 - e a n e d r e l u [ A d the school system at the end of grade twelve without having satisfied the requirements of this subsection, the student shall receive an appropriate state certificate indicating the number of credits earned and the grade completed.

(1) "career and technical education", sometimes referred to as "vocational education", means eh e 17 organized programs offering a sequence of courses, including eu e» nr d 18 technical education and applied technology education, that are =t =h lg ]e 19l i directly related to the preparation of individuals for paid or ah l r i 20s unpaid employment in current or emerging occupations requiring th , e ah t an industry-recognized credential, certificate or degree;

mt mu 21g e db rl e 22e , gh (2) "career and technical education course" cn ed rd ci 23= = o h means a course with content that provides technical knowledge, el a] n b 24,d i a º r skills and competency-based applied learning and that aligns ue [r = t e w d m a n o with educational standards and expectations as defined in rule;

.211329.2d -m 22: - (3) "career cluster" means a grouping of occupations in industry sectors based on recognized commonalities that provide an organizing tool for developing instruction within the educational system;

b r e t º o t n = .211329.2 s k m e - 23 - e a n e d r e l u [ A d (3) "career cluster" means a grouping of occupations in industry sectors based on recognized commonalities that provide an organizing tool for developing instruction within the educational system;

(6) "interim next-step plan" means an annual next-step plan in which the student specifies post-high-school goals and sets forth the coursework that will allow the student eh e 17 to achieve those goals;

and eu e» nr d 18 (7) "next-step plan" means an annual personal =t =h lg ]e 19l i written plan of studies developed by a student in a public ah l r i 20s school or other state-supported school or institution in th , e ah t consultation with the student's parent and school counselor or mt mu 21g e db rl e 22e , gh other school official charged with coursework planning for the cn ed rd ci 23= = o h student that includes one or more of the following:

el a] n b 24,d i a º r (a) advanced placement or honors ue [r = t e w d m a n o courses;

.211329.2d -m 23: - (b) dual-credit courses offered in cooperation with an institution of higher education;

b r e t º o t n = .211329.2 s k m e - 24 - e a n e d r e l u [ A d (b) dual-credit courses offered in cooperation with an institution of higher education;

The secretary may establish a policy to provide for administrative interpretations to clarify curricular and testing provisions of the Public School Code." - 2425 - 11» 13g 15o e» er 17h et ei nk dl 18i =g =t lh ]s 19, ae lh rt l i 20w tl eb al te me m, 21gh en d rl eh 22= c= b , a l º d i a r e r c= 23, a t e d m a n bo 24d um [: .211329.2

b r e t º o t n = .211329.2 s k m e e a n e d r e l u [ A d