SCH-SUSPEND/EXPEL-SEX ASSAULT

From the Legislature

Reinserts the provisions of the introduced bill with the following changes. Provides that for additional purposes of the amendatory provisions, a student initiates sexual activity with another individual without that individual's consent if the other individual did not agree to participate in the sexual act or was unconscious, asleep, surprised, intoxicated, or drugged and, as a result, was not aware of, did not know of, did not perceive, or was not cognizant of the sexual act or the nature of the sexual act or if the other individual has a disability that made the individual unable to understand the nature of the sexual act, unable to consent to the sexual act, or incapable of resisting the sexual act; and a student initiates a sexual assault if the other individual did not agree to the sexual penetration or was unconscious, asleep, surprised, intoxicated, or drugged and, as a result, was not aware of, did not know of, did not perceive, or was not cognizant of the sexual penetration or the nature of the sexual penetration or if the other individual has a disability that made the individual unable to understand the nature of the sexual penetration, unable to consent to the sexual penetration, or incapable of resisting the sexual penetration. Provides that expulsion under the amendatory provisions shall be construed in a manner consistent with Title IX of the federal Education Amendments of 1972. Provides that expulsion under the amendatory provisions shall comply with other expulsion procedures. Effective immediately.