New Mexico colleges may soon be required to adopt affirmative consent policies

SANTA FE, N.M. (KRQE) – A bill to ensure New Mexico colleges and universities keep students informed on consent has made it through both the New Mexico House and Senate. Now, the bill just needs the governor’s signature to become law.

House Bill 151 , sponsored by a group of Democratic lawmakers, requires colleges to adopt policies for affirmative consent (i.e. that consent cannot be assumed or implied) and policies for related investigations and disciplinary actions. All post-secondary institutions that accept state funding would have to comply, including training employees and providing educational programs to students.

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Currently, existing policies at some schools cover many of the requirements under the bill, according to the Legislative Finance Committee. But by putting requirements in statute, the bill could solidify existing policies and boost policies at some schools. Under the initial proposal for the bill, schools would have been required to make sexual assault-related health services available to students at no cost, but that part of the bill was removed by the Senate Judiciary Committee.

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