AZ HB2278

Requires all public and private colleges, universities, and community colleges in Arizona to adopt policies defining consent to sexual activity as informed and freely given words or actions indicating willingness to participate in mutually agreed-upon sexual activity.

Mandates policies state that consent cannot be inferred from silence, passivity, lack of resistance, current or previous dating/sexual relationships, acceptance of gifts or meals, or previous consent to other sexual activity.

Requires policies to specify that consent may be withdrawn during sexual activity, that consent to one form of sexual activity does not imply consent to other forms, and cannot be obtained through force, violence, duress, intimidation, coercion, or threats of injury.

Mandates policies clarify that consent cannot be given by individuals who are incapacitated by drugs or alcohol, unconscious, asleep, physically or mentally unable to make informed judgments, or legally incapable of giving consent due to age or other factors.

Requires policies to establish that use of alcohol or drugs does not diminish a person's responsibility to obtain consent and does not excuse conduct violating consent requirements.