Efforts to legislate “affirmative consent” as the standard for college disciplinary proceedings on sexual assault, which I discussed in my last column, continue to advance. The California bill requiring colleges and universities to adopt such a standard to qualify for state student aid, SB-967, was overwhelmingly approved by the State Assembly’s Committee on Higher Education on June 24. And now, reports legal expert Hans Bader, similar measures may be coming on a federal level. Sen. Claire McCaskill (D-MO), who leads the congressional crusade against campus rape, apparently supports a definition of sexual assault that includes any sexual activity without “explicit consent”; so does the federal Office on Violence Against Women.
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