Consent...
Is Clear
Affirmative consent is a clear, unambiguous, knowing, informed, and voluntary agreement between all participants to engage in sexual activity. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity or gender expression.
Is Not Coercion
Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
Is Active
Consent is active, not passive. Silence or lack of resistance cannot be interpreted as consent. Consent to any sexual act or prior consensual sexual activity between or with any party does not constitute consent to any other sexual act.
Is The Responsibility of the Person(s) Initiating
Seeking and having consent accepted is the responsibility of the person(s) initiating each specific sexual act regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
Can Be Withdrawn at Anytime
Consent may be initially given but withdrawn at any time. When consent is withdrawn or cannot be given, sexual activity must stop.
Cannot Be Given When a Person is Incapacitated
Consent cannot be given when a person is incapacitated. Incapacitation occurs when an individual lacks the ability to fully, knowingly choose to participate in sexual activity. Incapacitation includes impairment due to drugs or alcohol (whether such use is voluntary or involuntary), the lack of consciousness or being asleep, being involuntarily restrained, if any of the parties are under the age of 17, or if an individual otherwise cannot consent.
We know that violence can occur at many different times. Victims and bystanders who have been drinking and/or using drugs at the time that violence occurs who disclose to the university or law enforcement in good faith will not be subject to Code of Conduct violations for alcohol/drug use.