Gov. Cuomo Plans ‘Yes Means Yes’ Policy for Sexual Interactions at College Campuses by MIKE VILENSKY
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New York Gov. Andrew Cuomo said on Saturday he plans to introduce legislation requiring universities to adopt an affirmative consent policy for sexual interactions at college campuses statewide.
The move, which needs to pass through the state Legislature to become law, would broaden a regulation passed on all State University of New York campuses last year, largely in response to student outcries over how schools handle campus sexual offenses.
It would apply at public and private institutions.
“I believe there are institutions that want to protect their relationships, and don’t want the publicity of attacks happening on their campus,” Mr. Cuomo said, at a news conference at Manhattan’s New York University. “This is not a private matter. This is a crime.”
Mr. Cuomo, a Democrat beginning his second term, encouraged advocates to pressure state lawmakers to pass his law. “My father, God rest his soul, said the squeaky wheel gets the grease. The system responds to the people who make noise and to the people who make their voices heard.”
The legislation would define affirmative consent as “a clear, unambiguous, and voluntary agreement between the participants to engage in specific sexual activity,” Mr. Cuomo’s office said.
Many sex-assault advocates have long pushed for such policies, nicknamed “yes means yes,” which require sexual participants to affirmatively agree to any sexual activity rather than just not say no.
The California state legislature last year passed a bill requiring all colleges and universities that receive state funds to adopt an affirmative consent policy, a first-of-its-kind mandate.
In New York, Republican state lawmakers have expressed skepticism about such a policy.
But on Saturday, Bill Nojay, a Republican Assemblyman and frequent critic of the governor, said he was open Mr. Cuomo’s initiative: “Creating a statewide, uniform standard for addressing these issues will be a good step forward,” he said in an email. “I will support the Governor’s proposed legislation if it protects the rights of both the accuser and the accused.”
A spokesman for the Senate GOP didn’t respond to requests for comment on the proposal.
Mr. Cuomo’s legislation would also offer amnesty for drug and alcohol violations to students reporting sexual assault, a sex-assault “bill of rights” which campuses would be required to distribute, and training for administrators on the issue, his office said.
Some campus sex-assault advocates said on Saturday Mr. Cuomo’s policy didn’t go far enough, and didn’t include enough student input.
“It’s phenomenal that Gov. Cuomo is taking action, but it’s not going to be significant enough unless students contribute to its development,” said Zoe Ridolfi-Starr, a student-activist at Columbia University.
Colleges have been scrutinized over their handling of sexual-assault allegations over the past year, largely as a result of student-activists. At Columbia University, student Emma Sulkowicz has drawn national attention after she began carrying a mattress around campus, vowing to do so until the student she says raped her is no longer on campus. Ms. Sulkowicz has said Columbia cleared the student she accused of rape in a disciplinary hearing.
Ms. Sulkowicz and Ms. Ridolfi-Starr were asked to appear with the governor on Saturday but declined to do so, Ms. Ridolfi-Starr said. “My ultimate goal is to work with them and to develop a piece of legislation we can speak out in favor of,” Ms. Ridolfi-Starr said. Ms. Sulkowicz didn’t respond to requests for comment.
A spokeswoman for the governor said the administration has consulted many advocates, including students, and would continue to work them once the legislation is introduced.