A bill to require public schools and universities to adopt affirmative consent policies in New Mexico is headed to the House Floor after being given a Do Pass recommendation by the Judiciary Committee on Monday. It was given the same recommendation last week by the Education Committee.
House Bill 43, known as the “Yes Means Yes” Bill has been introduced every session since 2019.
The bill requires any public or private post-secondary educational institution that receives state funds for student financial assistance to adopt detailed, trauma-informed policies and responses for the investigation of allegations of sexual assault. It also includes allegations of domestic violence, dating violence and harassment or stalking involving a student, faculty or staff both on and off campus.
The bill has in previous years easily passed the House but got stuck in the Senate. Main sponsor Rep. Liz Thomson says this time she’s optimistic it will make it to the Governor.
“I’m always hopeful and I’m very stubborn so when I think something needs to get done, people say it’s not stubborn it’s persistence,” she said. “It feels good. It really has been a bipartisan bill that sailed through the first time and then people started having questions about it. I thought we answered them but they weren’t satisfied. I really want to protect New Mexico’s kids.”
Under the bill Affirmative Consent can never be given by a person who is asleep, unconscious, incapacitated due to the influence of drugs, alcohol or medication or unable to communicate due to a mental or physical condition.
It cannot be implied, assumed or inferred from silence or lack of protest or resistance, and can be revoked at any time.
