Effective consent is the basis of the analysis applied to unwelcome sexual contact.
Lack of consent is the critical factor in any incident of sexual misconduct.
1. Consent is informed, freely and actively given and requires clear communication between
all persons involved in the sexual encounter.
2. Consent is active, not passive. Consent can be communicated verbally or by actions. But in whatever way consent is communicated, it must be mutually understandable. Silence, in and of itself, cannot be interpreted as consent.
3. It is the responsibility of the initiator of sexual contact to understand fully what the person with whom he/she is involved wants and does not want sexually.
4. Consent to one form of sexual activity does not imply consent to other forms of sexual activity.
5. Previous relationships or consent does not imply consent to future sexual acts.
6. Consent cannot be procured by use of physical force, compelling threats, intimidating behavior, or coercion. Coercion is unreasonable pressure for sexual activity.
7. Effective consent cannot be given by minors, mentally disabled individuals, or persons incapacitated as a result of drugs or alcohol. Incapacitation is a state where one cannot make a rational, reasonable decision because he/she lacks the ability to understand the “who, what, when, where, why, or how” of the sexual interaction. This policy also covers someone whose incapacity results from mental disability, sleep deprivation, involuntary physical restraint, or from the taking of a “date‐rape” drug. Possession, use and/or distribution of any of these substances, including Rohypnol, Ketamine, GHB, Burundanga, etc. is prohibited, and administering one of these drugs to another student for the purpose of inducing incapacity is a violation of this policy.