Issue link: https://www.epageflip.net/i/362000
ByJulieWatson TheAssociatedPress SAN DIEGO College stu- dents have heard a similar refrain for years in cam- paigns to stop sexual as- sault: No means no. Now, as universities around the country that are facing pressure over the handling of rape allegations adopt policies to define con- sensual sex, California is poised to take it a step fur- ther. Lawmakers are con- sidering what would be the first-in-the-nation measure requiring all colleges that receive public funds to set a standard for when "yes means yes." Defining consensual sex is a growing trend by uni- versities in an effort to do more to protect victims. From the University of California system to Yale, schools have been adopt- ing standards to distin- guish when consent was given for a sexual activity and when it was not. Legislation passed by California's state Senate in May and coming before the Assembly this month would require all schools that re- ceive public funds for stu- dent financial assistance to set a so-called "affirma- tive consent standard" that could be used in investi- gating and adjudicating sexual assault allegations. That would be defined as "an affirmative, unambigu- ous and conscious decision" by each party to engage in sexual activity. Silence or lack of re- sistance does not consti- tute consent. The legisla- tion says it's also not con- sent if the person is drunk, drugged, unconscious or asleep. Lawmakers say consent can be nonverbal, and uni- versities with similar poli- cies have outlined examples as maybe a nod of the head or moving in closer to the person. Several state legisla- tures, including Maryland, Texas and Connecticut, in- troduced bills in the past year to push colleges to do more after a White House task force reported that 1 in 5 female college students is a victim of sexual assault. The U.S. Education Depart- ment also took the unprec- edented step of releasing the names of schools fac- ing federal investigation for the way they handle sexual abuse allegations. But no state legislation has gone as far as Califor- nia's bill in requiring a con- sent standard. Critics say the state is overstepping its bounds. The Los Angeles Times in an editorial after the bill passed the state Senate 27-4 wrote that it raises ques- tions as to whether it is "rea- sonable" or "enforceable." The legislation is based on the White House task force's recommendations. "It seems extremely diffi- cult and extraordinarily in- trusive to micromanage sex so closely as to tell young people what steps they must take in the privacy of their own dorm rooms," the newspaper said. Some fear navigating the murky waters of con- sent spells trouble for uni- versities. "Frequently these cases involve two individuals, both of whom maybe were under the influence of al- cohol or drugs, and it can be very tricky to ascertain whether consent was ob- tained," said Ada Meloy, general counsel of the American Council on Ed- ucation, which represents college presidents. She said schools need to guarantee a safe environ- ment for students, while law enforcement is best suited for handling more serious sexual assault cases. John F. Banzhaf III, a George Washington Uni- versity's Law School profes- sor, believes having univer- sity disciplinary panels in- terpret vague cues and body language will open the door for more lawsuits. The legal definition of rape in most states means the perpetrator used force or the threat of force against the victim, but the Califor- nia legislation could set the stage in which both parties could accuse each other of sexual assault, he said. "This bill would very, very radically change the definition of rape," he said. University of Califor- nia at Berkeley student Meghan Warner, 20, said that's a good thing. She said she was sexually assaulted during her freshman year by two men at a fraternity but didn't report it because she believed "that unless it was a stranger at night with a weapon who attacked you when you were walking home, that it wasn't rape. It's just a crappy thing that happened." "Most students don't know what consent is," she said. "I've asked at the work- shops how many people think if a girl is blacked out drunk that it's OK to have sex with her. The amount of people who raised their hands was just startling." Defining consent may be easy to do on paper, said Laura Nguyen, a 21-year-old San Diego State University senior, but "we're talking about college students out at night and the reality is there's not just 'yes' or 'no.' There is a lot of in between. I really think it depends on the situation." The legislation initially stated that "if there is con- fusion as to whether a per- son has consented or con- tinues to consent to sexual activity, it is essential that the participants stop the activity until the confusion can be clearly resolved." After some interpreted that as asking people to stop after each kiss to get a verbal agreement before go- ing to the next level, the bill was amended to say consent must be "ongoing" and "can be revoked at any time." "California needs to pro- vide our students with ed- ucation, resources, consis- tent policies and justice so that the system is not stacked against survivors," state Sen. Kevin de Leon, a Los Angeles Democrat, said in promoting the bill. Supporters say investi- gators would have to deter- mine whether consent had been given by both par- ties instead of focusing on whether the complainant resisted or said no. COLLEGE Californiadebates'yesmeansyes'sexassaultlaw GREGORYBULL—THEASSOCIATEDPRESS New students at San Diego State University watch a video on sexual consent during an orientation meeting in San Diego. By Fenit Nirappil The Associated Press SACRAMENTO Gov. Jerry Brown and Democratic leg- islative leaders said Monday they are closing in on a deal to overhaul a water bond on the November ballot, but their replacement plan still needs support from Repub- licans. Both houses of the Legis- lature voted Monday to ex- tend the deadline for print- ing voter pamphlets, giving lawmakers and the gover- nor another two days to reach an agreement. The proposal would pro- vide money for dams, water recycling and groundwater cleanup and requires a two- thirds vote in both cham- bers. Democrats hold a su- permajority in the 80-mem- ber Assembly but do not in the 40-member Senate, where they will need Re- publican support to put the replacement measure on the ballot. "We are negotiating hard with the administration, with our Republican col- leagues ... to try to get this done," said Senate President Pro Tem Darrell Steinberg, D-Sacramento. He and Assembly Speaker Toni Atkins, D-San Diego, support a $7 billion pro- posal that would appear as Proposition 1 on the Novem- ber ballot. An $11.1 billion bond negotiated in 2009 is on the ballot as Proposi- tion 43 but is considered too costly and burdened by pet projects to pass. A sticking point in the latest negotiations has been funding for water storage projects, including the pro- posed Sites Reservoir north of Sacramento and the Tem- perance Flat dam northeast of Fresno. Democrats are of- fering $2.5 billion in the lat- est package, while Repub- licans have demanded at least $3 billion, the amount in the current bond. Senate Minority Leader Bob Huff, R-Diamond Bar, said he was supporting the two-day extension because he sees progress in the ne- gotiations. "We're not there yet," he said. The bond also faces op- position from environ- mental groups and some Northern California inter- ests, which say the Dem- ocratic proposal enables Brown's plan to build tun- nels diverting water from the Sacramento-San Joa- quin River Delta to South- ern California and Central Valley farms. Without the two-day ex- tension, language and ar- guments for a potentially defunct $11.1 billion water bond would have appeared in the ballot pamphlet sent to voters. Sen. Joel Ander- son, R-Alpine, was one of three lawmakers to vote against the extension in the Senate, saying it reduces the time voters have to con- sider all issues on the ballot. SACRAMENTO Br ow n, D emo cr at s cl os in g in o n wa te r bo nd d ea l By Sudhin Thanawala The Associated Press SANFRANCISCO Fire crews braced for more erratic winds on Monday from nearby thunderstorms as they tried to gain ground on two wildfires that were threatening nearly 750 ru- ral homes on national for- est land in Northern Cali- fornia. The two fires threaten- ing homes in the Klamath National Forest had burned through nearly 25 square miles of dry timber near the community of Etna in Siski- you County. Crews were getting a handle on the smaller of the two fires, which was responsible for most of the threatened homes, fire spokesman Richard Hadley said. It was 25 percent con- tained. But the second blaze burning about 8 miles away was fueled Sunday by gusty winds from a nearby storm system that sent flames up the steep canyons. It was 4 percent contained. A mandatory evacuation order was issued for about half a dozen homes. The other threatened homes were under an evacuation advisory. The fires were also threatening 46 commercial structures. The causes of the fires, which broke out late last month, were un- der investigation. Much of Northern Cal- ifornia remained under a red flag warning through Tuesday night, with addi- tional lightning strikes ex- pected. Hadley said light- ning was not predicted over the two Klamath fires on Monday, but wind gusts up to 30 mph would give fire- fighters trouble. "We are anticipating a pretty active fire day again," he said. Meanwhile, crews were anticipating the possi- bility of more lightning strikes while battling a lightning-sparked wild- fire in Mendocino County about 200 miles southwest of the Klamath blazes. The fire near Laytonville had burned through nearly 15 square miles and was threatening nearly 60 struc- tures. Mandatory evacu- ation orders remained in place. There have been more than 800 reported light- ning strikes across North- ern California that led to 34 more confirmed fires since Sunday, state fire spokes- man Dennis Mathisen said Monday. However, those new fires totaled less than 1 square mile, Mathisen added. "We hope the lightning activity doesn't produce any new larger fires," he said. "Typically, 95 percent of wildfires are caused by human activity, but when they're caused by Mother Nature, there's nothing you can do except to be pre- pared and try to keep them as small as possible." NORTHERN CALIFORNIA Wildfires continue to threaten homes as storms brew By Terry Collins The Associated Press SAN FRANCISCO A hos- tage kidnapped during a Northern California bank robbery was killed by po- lice in an ensuing chase and shootout, likely dur- ing a final gunbattle where the lone surviving sus- pect used her as a human shield, authorities said Monday. The results of a pre- liminary ballistics re- port show that police in the city of Stockton fired the 10 bullets that struck Misty Holt-Singh, 41, and all her wounds likely came during a final burst of gun- fire, Stockton Police Chief Eric Jones said at a news conference. Three men robbed a bank July 16, taking hos- tage Holt-Singh, a cus- tomer whose 12-year-old daughter was waiting in the car, and two bank em- ployees, police said. Offi- cers gave chase when the robbers, armed with three handguns and an AK-47, fled with the women in an SUV owned by one of the employees. They survived by either jumping or get- ting thrown from the SUV as it sped through town. "We wanted, but never had the opportunity for, hostage negotiations," Jones said. Jones said 33 officers fired at the vehicle, most of them during the final shootout. Officers were un- der constant fire and were concerned the suspects would kidnap other hos- tages, take over businesses or even a school. "We believe July 16, 2014, brought dynamics never before seen in law enforcement," he said, adding that the suspects attempted to kill officers, fired more than 100 bullets and had about 200 rounds remaining when the gun- fire ended. Holt-Singh's family re- leased a statement through their attorney, Greg Bent- ley, saying the ballistic in- formation saddened them. "The manner in which Misty's life was taken raises serious questions and concerns. The family is hopeful, however, that the promised information, policies, and procedures concerning the events of July 16 will be provided so that a fair, complete, and transparent investigation can take place." Bentley has filed public- records requests for 911 calls, photographs, video and any other evidence documenting the incident, as well as law enforcement protocols for kidnappings, pursuits and the use of deadly force. NORTHERN CALIFORNIA Chief: Police killed Stockton robbery hostage THE RECORD, CRAIG SANDERS — THE ASSOCIATED PRESS Stockton Police Chief Eric Jones holds a press conference Monday to release more information about the recent bank robbery and police shooting that ended with the death of two suspects and the hostage Misty Holt-Singh in Stockton. Take 15% off your entire food purchase dineinonly Open Tues-Sat www. palominoroom .com 723 Main St. 527.5470 ✓Checkoutourselection of beer, wine & tobacco YourOneStopConvenienceStore 5am to 11pm 714 Walnut St., Red Bluff ONE STOP 100 Jackson Street, Red Bluff (530) 529-1220 NEW Membership Specials CallorComeIn for details 530-366-3166 www.redbluffdodge.com 545 Adobe Rd., Red Bluff, CA $39,777 Alloffersforalimitedtime.Notallbuyerswillqualifyforindividualprograms.SeeRedBluffChrysler/Jeep/Dodge/Ramforcompletedetailsandvehiclequalificationsforallcurrentlyrunningprograms. 0% and 1.9% APR financing are not applicable on these new selected models. All prices plus government fees and taxes, any finance charge, any dealer document, preparation charge, and any emission charge. Subject to prior sales & credit approval. Some vehicle images in this ad are for illustration purposes only and may vary from actual vehicle. Ad expires 8/15/14. 2012RAM3500 CREW CAB Stk# 40958 Vin# CG246836 Only6800 Miles, What a Sweet Deal! Diesel 4x4, Loaded. 327WalnutSt.,RedBluff (530) 529-4004 Voted Best Carpet / Floor Covering Store in Tehama County. DALE'S CARPET& DESIGN STOVEJUNCTION The TheNorthState'spremiersupplierofstoves 22825 Antelope Blvd., Red Bluff 530-528-2221 • Fax 530-528-2229 www.thestovejunction.com Over 25 years of experience Tues-Sat9am-5pm• ClosedSun&Mon Now Carrying! GreenMountainGrills & Accessories Serving Butte, Glenn & Tehama Counties RUNNINGS ROOFING SheetMetalRoofing ResidentialCommercial • Composition • Shingle • Single Ply Membrane Ownerisonsiteoneveryjob ServingTehamaCounty 530-527-5789 530-209-5367 NoMoney Down! "NoJobTooSteep" " No Job Too Flat" FREE ESTIMATES CA. LIC#829089 | NEWS | REDBLUFFDAILYNEWS.COM TUESDAY, AUGUST 12, 2014 8 A