MN HF3100

Requires Minnesota postsecondary institutions to include affirmative consent standards in campus sexual assault policies, defining consent as knowing, voluntary, active, and expressly communicated permission that must be unambiguous and mutually understandable.

Establishes that silence is not consent, consent to one form of sexual activity does not imply consent to others, consent may be withdrawn at any time, and previous relationships do not imply future consent.

Deems a person incapable of consenting if unable to communicate or understand the nature of sexual activity due to mental or physical incapacitation, or if physically helpless due to drugs, alcohol, or sleep.

Creates a sexual violence prevention grant program administered by the commissioner of higher education with a ten-member advisory council to award grants up to $100,000 per institution and requires annual reporting to legislature beginning February 1, 2018.

Appropriates funding in fiscal year 2017 to the commissioner of education for a grant to the Sexual Violence Center to develop an age-appropriate affirmative consent curriculum for voluntary use in middle and high schools.