HI HB1249

Requires the University of Hawaii Board of Regents to adopt policies on sexual assault, domestic violence, dating violence, and stalking involving students, both on and off campus.

Mandates use of an affirmative consent standard, defined as affirmative, conscious, and voluntary agreement to sexual activity; silence, lack of protest, or lack of resistance does not constitute consent.

Establishes that an accused cannot claim a valid defense based on intoxication, recklessness, or failure to take reasonable steps to ascertain consent, or if the accused knew or should have known the complainant was incapacitated, asleep, unconscious, or unable to communicate.

Requires detailed victim-centered policies covering initial response protocols, witness identification, victim interviews, trauma-informed training for investigators, confidential reporting procedures, and coordination with on- and off-campus resources.

Mandates comprehensive prevention and outreach programs addressing sexual violence, including empowerment programming, awareness campaigns, bystander intervention training, and mandatory inclusion in student orientation.