New Jersey S 2223: Excludes from PAAD income eligibility withdrawals from an IRA.

Bill Text

S2223 

SENATE, No. 2223 

STATE OF NEW JERSEY

222nd LEGISLATURE

� 

PRE-FILED FOR INTRODUCTION IN THE 2026 SESSION

Sponsored by:

Senator M. TERESA RUIZ

District 29 (Essex and Hudson)

SYNOPSIS

���� Requires institutions of higher education to adopt 
affirmative consent standard and other policies regarding sexual assault, 
domestic violence, dating violence, and stalking.

CURRENT VERSION OF TEXT 

���� Introduced Pending Technical Review by Legislative 
Counsel.

�� 

An Act concerning sexual assault and other violence at 
institutions of higher education and supplementing chapter 61E of Title 18A of 
the New Jersey Statutes.

���� Be It 
Enacted by the Senate and General Assembly of 
the State of New Jersey:

���� 1.��� As used in this act, 
�sexual assault,� �domestic violence,� �dating violence,� and �stalking� shall 
have the same meaning as set forth in section 485(f) of the federal �Higher 
Education Act of 1965� (20 U.S.C. s.1092(f)).

���� 2.��� In order to receive State 
funds for student assistance programs, the governing board of an institution of 
higher education shall adopt a policy concerning sexual assault, domestic 
violence, dating violence, and stalking involving a student, both on and off 
campus.� The policy shall include all of the following:

���� a.���� an affirmative consent 
standard in the determination of whether consent was given by both parties to 
sexual activity.� �Affirmative consent� means affirmative, conscious, and 
voluntary agreement to engage in sexual activity.� It is the responsibility of each 
person involved in the sexual activity to ensure that the person has the 
affirmative consent of the other or others to engage in the sexual activity.� 
Lack of protest or resistance does not mean consent, nor does silence mean 
consent.� Affirmative consent must be ongoing throughout a sexual activity and 
can be revoked at any time.� The existence of a dating relationship between the 
persons involved, or the fact of past sexual relations between them, should 
never by itself be assumed to be an indicator of consent.� 

���� b.��� a policy that, in the 
evaluation of a complaint in a disciplinary process, it shall not be a valid 
excuse to alleged lack of affirmative consent that the accused believed that 
the complainant consented to the sexual activity under either of the following 
circumstances:

���� (1)�� the accused�s belief in 
affirmative consent arose from the intoxication or recklessness of the accused; 
or

���� (2)�� the accused did not take 
reasonable steps, in the circumstances known to the accused at the time, to 
ascertain whether the complainant affirmatively consented.

���� c.���� a policy that the 
standard used in determining whether the elements of the complaint against the 
accused have been demonstrated is the preponderance of the evidence

���� d.��� a policy that, in the 
evaluation of a complaint in a disciplinary process, it shall not be a valid 
excuse that the accused believed that the complainant affirmatively consented 
to the sexual activity if the accused knew or reasonably should have known that 
the complainant was unable to consent to the sexual activity under any of the 
following circumstances:

���� (1)�� the complainant was 
asleep or unconscious;

���� (2)�� the complainant was 
incapacitated due to the influence of drugs, alcohol, or medication, so that 
the complainant could not understand the fact, nature, or extent of the sexual 
activity; or

���� (3)�� the complainant was 
unable to communicate due to a mental or physical condition.

���� 3.��� In order to receive State 
funds for student assistance programs, the governing board of an institution of 
higher education shall adopt detailed and victim-centered policies and 
protocols regarding sexual assault, domestic violence, dating violence, and 
stalking involving a student that comport with best practices and current 
professional standards.� At a minimum, the policies and protocols shall cover 
all of the following:

���� a.���� a policy statement on 
how the institution will provide appropriate protections for the privacy of 
individuals involved, including confidentiality;

���� b.��� initial response by the 
institution�s personnel to a report of an incident, including requirements 
specific to assisting the victim, providing information in writing about the 
importance of preserving evidence, and the identification and location of witnesses;� 

���� c.���� response to stranger 
and nonstranger sexual assault;

���� d.��� the preliminary victim 
interview, including the development of a victim interview protocol, and a 
comprehensive follow-up victim interview, as appropriate;

���� e.���� contacting and 
interviewing the accused;

���� f.���� seeking the 
identification and location of witnesses;

���� g.��� providing written 
notification to the victim about the availability of, and contact information 
for, on and off campus resources and services, and coordi