California’s ‘Yes Means Yes’ law takes effect on campuses — Business Management Daily: Free Reports on Human Resources, Employment Law, Office Management, Office Communication, Office Technology and Small Business Tax Business Management Daily

California’s ‘Yes Means Yes’ law takes effect on campuses

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in Employment Law,Human Resources

As of July 1, California colleges, universities and post-secondary schools are required to bolster their compliance with new state laws regarding policies concerning sexual assault, domestic violence, dating violence and stalking. This new law requires schools to enter into agreements with local law enforcement and report crime statistics.  

The so-called “Yes Means Yes” law has effectively changed the definition of “consent” for sexual partners on campuses. It requires schools to adopt “detailed and victim-centered policies and protocols regarding sexual assault, domestic violence, dating violence, and stalking involving a student that comport with best practices and current professional standards.”

Colleges must adopt the new affirmative consent standard when determining whether the complainant gave consent. The law also requires colleges to adopt preventive policies concerning sexual assault, domestic violence, dating violence, and stalking. Schools must adopt affirmative consent as the standard for disciplinary proceedings for sexual assault. This standard must be determined by a preponderance of the evidence.

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