An Act Regarding Sexual Activity and Sexual Assault at Secondary and Postsecondary Educational Institutions

Sec. 1. 20-A MRSA §4723,  as enacted by PL 1983, c. 859, Pt. C, §§5 and 7, is amended to read:

§ 4723. Health and physical education

The secondary course of study shall must include instruction in health, safety and physical education, as prescribed by the commissioner, and physiology and hygiene, with special reference to the effects of alcoholic drinks, stimulants and narcotics upon the human system. The secondary course of study must also include instruction on affirmative consent, communication and decision making regarding sexual activity and the effects of alcoholic drinks, stimulants and narcotics on the ability to give affirmative consent, communicate and make appropriate decisions. For purposes of this section, "affirmative consent" means consent to sexual activity that can be revoked at any time and does not include silence, lack of resistance or consent given while intoxicated.

Sec. 2. 20-A MRSA §10014  is enacted to read:

§ 10014.  Record of sexual assault

If a student of a postsecondary educational institution is convicted of sexual assault committed on the campus of the postsecondary educational institution, the postsecondary educational institution shall make a notation of the conviction on the student's transcript. For purposes of this section, "sexual assault" includes a conviction under Title 17-A, chapter 11 or 12.

SUMMARY

This bill requires that instruction involving affirmative consent, communication and decision making regarding sexual activity be a mandatory part of secondary school instruction. "Affirmative consent" is defined as consent to sexual activity that can be revoked at any time and does not include silence, lack of resistance or consent given while intoxicated. This bill also requires a postsecondary educational institution to make a notation on a student's transcript if the student has been convicted of sexual assault committed on the campus of the postsecondary educational institution.