Explain, in one sentence what the “affirmative consent standard means.
Question
ANSWER SHEET to Law 1 Final Exam Section on Sexual Assault Protocols
Student’s Name: _______________________________. Class Section No. _______, Date ____________
(Based on reading the statute,referred to below as “the law”, please answer the following questions, as requested.)
1. In one sentence define the word protocol. You may use your dictionary.
2. List all the various educational institutes that are required (as stated in the statute) to comply with the law.
3. Certain educational institutes are required to comply with the law “in order to receive” what (benefits) from the State?
4. Explain, in one sentence what the “affirmative consent standard means.
5. Explain, in four words (or less) if the student conduct prohibited by the law is limited to sites on or off campus.
6. Explain, in one sentence whose responsibility it is to assure that the affirmative consent is given to engage in sexual acts.
7. Analyze what “lack of protest” or “silence” means in regard to consent? Only one sentence is required.
8. The law states that affirmative consent must be “on going throughout the sexual activity.” Explain, in one sentence how and when the “consent” can be terminated.
9. The statute states certain acts “shall not be a valid excuse: that the accused believed that the complainant consented to the sexual activity. One of the two examples listed is “recklessness.” What is the second example?
10. What does the statute say about “The existence of a dating relationship between the persons involved, or the fact of past sexual relations between them”? Only twelve words are required as an answer.
11. The law uses the phrase “…it shall not be a valid excuse that the accused believed that the complainant affirmatively consented to the sexual activity if the accused knew or reasonably should have known that the complainant was unable to consent to the sexual activity under any of the following circumstances.” List the three examples (A, B and C) mentioned in the statute. Write one sentence for each example.
A.
B.
C.
12. Explain, in six words or less what level of evidence is required to demonstrate the elements of the complaint against the accused.
13 At a minimum, an outreach program shall include a process for contacting and informing the student body, campus organizations, athletic programs, and student groups about what? List all the institution’s obligations mentioned as part of this “outreach program”
14. This law can be found in which specific California Code Section and what month and date the law became ffective?
15. Yes or No. Does the law specifically mention that the affirmative consent must be in writing?
Yes ________ or No ____________
16. This law uses the following phrase “At a minimum, the policies and protocols shall cover all of the following:” The statute then lists paragraphs 1 through 13. With reference to paragraph 10 is the following True or False? Answer: ___________________
(10) Providing that an individual who participates as a complainant or witness in an investigation of sexual assault, domestic violence, dating violence, or stalking will not be subject to disciplinary sanctions for a violation of the institution’s student conduct policy at or near the time of the incident, unless the institution determines that the violation was egregious, including, but not limited to, an action that places the health or safety of any other person at risk or involves plagiarism, cheating, or academic dishonesty.
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