AZ SB1129

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 specify that consent cannot be inferred from silence, passivity, lack of resistance, current or previous dating or sexual relationships, acceptance of gifts or meals, or previous consent to different sexual activity.

Requires policies to state that consent may be withdrawn during sexual activity, cannot be obtained through physical force, violence, duress, intimidation, coercion or threats of injury, and that consent to one form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

Specifies that persons who are incapacitated by drugs or alcohol, unconscious, asleep, physically or mentally unable to make informed judgments, or deemed incapable of giving consent by law cannot provide valid consent.

Includes language clarifying that alcohol or drug use does not diminish a person's responsibility to obtain consent and does not excuse conduct violating consent requirements.