Affirmative Consent Policy

DATE: March 9, 2018
TO: Leadership Council
FROM: Clyde Wilson Pickett, Chief Diversity Officer
SUBJECT: Adopted Changes to Policy 1B.3 Sexual Violence Policy


On Wednesday, February 21, 2018, the Minnesota State Board of Trustees voted to adopt policy amendments to Board Policy 1B.3 Sexual Violence Policy.

The policy changes provide clarity that consent must be affirmative, i.e., informed, freely given and mutually understood willingness to participate in sexual activity that is expressed either by words or clear unambiguous action. The policy also provides clarifying language on what is and what is not affirmative consent. For example:

• There is no consent if coercion, intimidation, threats, or physical force are used.
• The existence of a dating relationship or the existence of a past sexual relationship does not prove or provide the basis for consent.
• Consent must be present throughout the activity and can be revoked at any time.

Board Policy 1B.3 and accompanying procedures and practices are designed to fully comply with federal law (Title IX and relevant guidance from the United States Department of Education) and with Minnesota law, in particular, the Minnesota Sexual Assault Legislation that passed in 2015, amending Minn. Stat. 135A.15 Sexual Harassment and Violence Policy.

Minnesota State remains committed to providing ongoing training and education to help prevent sexual assault. A Sexual Violence Prevention Training workgroup comprised of faculty, staff, and students has been established to help update and expand training and education including the Personal Empowerment Through Self-Awareness/Sexual Violence Training (PETSA) program modules for the colleges and universities who use this resource. Colleges and universities who do not use the PETSA training modules will be required to update their sexual assault training curriculum to include the affirmative consent definition.

For more information on Board Policy 1B.3, please contact the Office of General Counsel or the Office of Equity and Inclusion.