California Legislature passes ‘yes means yes’ law on sexual violence

A bill that requires California universities to adopt a more affirmative definition of consent and a survivor-centered policy on sexual violence passed the state Senate Thursday in a 36-0 vote.

Senate Bill 967 would require California universities to adopt certain provisions, such as requiring consent to be affirmative, conscious, voluntary and ongoing. University officials would also have to decide cases of sexual violence based on which side has presented a more convincing argument, as in civil court cases.

The bill, introduced by Sen. Kevin de Leon (D-Los Angeles) and Sen. Hannah-Beth Jackson (D-Santa Barbara) and passed through the Assembly, comes as the Department of Education is investigating UCLA and UC Berkeley as well as more than 70 universities nationwide for possible federal violations when handling reported incidents of sexual violence.

The “yes means yes” bill mandates that universities adopt “detailed and victim-centered” sexual assault policies and form partnerships with existing on-campus and community-based organizations that deal with sexual violence on campus. It also provides amnesty from disciplinary sanctions for students who report sexual violence.

“The measure will change the equation so the system is not stacked against survivors,” de Leon said before the Senate vote Thursday.

The UC already instituted most of the bill’s provisions, including an affirmative consent standard, in March when it updated its policy on sexual violence, said Dianne Klein, UC spokeswoman.

Some individuals, including members of certain free speech organizations, have criticized the bill for restricting the rights of the accused, however.

“The affirmative consent standard flips the burden of proof on its head by effectively requiring students who are accused to prove that they sought … consent (continuously),” said Joe Cohn, legislative and policy director for the Foundation for Individual Rights in Education, which advocates for free speech. “It’s an impossible burden to meet.”

Cohn also said that he thinks the bill is unfair toward those accused of sexual assault in a college disciplinary proceeding because they are unable to draw upon all articles of evidence while making their case in an investigation.

If the bill becomes law and a university violates it, the school could lose state funding for student financial aid programs such as Cal Grants – similar to penalties from the federal government if a university violates Title IX provisions.

The UC, which endorsed the bill in a letter to de Leon on Aug. 21, intends to fully comply with the bill if it is signed by Gov. Jerry Brown, Klein said.

The bill, which also passed the California Assembly on Monday in a 57-20 vote, will now go to Brown, who has not yet publicly said whether he plans to sign the bill.

The UC will hear recommendations from its task force on sexual violence in its September Board of Regents meeting, Klein said.

Compiled by Jeong Park, Bruin senior staff.