Now that Governor Jerry Brown’s signature on SB967 has made “affirmative consent” the law in California, colleges in that state will undergo a paradigm shift in how to prevent and investigate sexual assaults. Instead of “no means no,” consent will now require “an affirmative, conscious and voluntary agreement to engage in sexual activity.”
What’s that mean? You have to hear a yes to advance forward. Until then, it’s a no, even if nothing is expressed.
In other words, the answer is “NO,” until you hear a “Yes”—from involved parties.
All California post-secondary schools, public and private, that receive state money for student financial aid are affected. The California State University and University of California systems adopted similar consent standards this year.
However, one school that isn’t following California’s example is 3,000 miles away.
In July, Harvard came out with new guidelines covering all forms of “sexual harassment.” But instead of the more enlightened “consent” language found increasingly in more schools, Harvard used an older “unwelcome conduct” standard, taken from much older guidance on Title IX.
That’s unacceptable according to student organizers of Our Harvard Can Do Better, an undergraduate campaign against sexual violence at Harvard.
