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What is Consent?

What is Consent?

Consent is established when a reasonable person would consider the words of the parties to have manifested an agreement between them to do the same thing, in the same way, at the same time, with one another.

Consent is not given if it results from the use of force, threats, intimidation or coercion.

Coercion

Coercion is unreasonable pressure for sexual activity. Coercion differs from seduction by the repetition of the coercive activity beyond what is reasonable, the degree of pressure applied, and other factors such as isolation. When someone makes it clear that they do not want sex, do not want to go past a certain point, or want it to stop, continued pressure beyond that point can be coercive.

Incapacitation

Engaging in sexual activity with a person, who the respondent knows to be mentally or physically incapacitated, or reasonably should know to be incapacitated, violates this rule.

Incapacitation may result from alcohol(even one drink could incapacitate a person) or other drug use, unconsciousness or blackout, or other factors. Incapacitation is a state where a person cannot make a rational, reasonable decision because they lack the capacity to give knowing consent (to understand the who, what, when, where, why or how of sexual interaction.) Incapacity can also result from illness, sleep, mental disability, and other circumstances. 

Giving incapacitating or “rape” drugs, such as Rohypnol, Ketomine, GHB, and Burundanga to another person is a violation of the Student Code of Conduct. 

Additional information regarding consent:

A person who does not want to consent to sex is not required to resist.

Consent to some forms of sexual activity does not automatically imply consent to other forms of sexual activity.

Silence, previous sexual relationships, or the existence of a current relationship do not imply consent.

Consent cannot be implied by attire or inferred from the giving or acceptance of gifts, money or other items.

Consent to sexual activity may be withdrawn at any time, as long as the withdrawal is communicated clearly. Withdrawal of consent can be done in numerous ways and need not be a verbal withdrawal of consent.

A student's intentional use of alcohol/drugs will not function as a defense to a possible violation of this rule.