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What is Consent?

Consent: Informed, freely and actively given, mutually understandable words or actions which indicate willingness to participate in mutually agreed upon sexual activity. Consent is not effectively given if it results from the use of physical force, threats, intimidation, or coercion.

  1. It is the responsibility of the initiator, or the person who wants to engage in the specific sexual activity to make sure that they have consent from their partner(s).
  2. Consent to some form of sexual activity does not necessarily imply consent to other forms of sexual activity.
  3. Consent to sexual activity with one party does not equal consent to sexual activity with others.
  4. The initiator must obtain consent at every stage of sexual interaction.
  5. Consent will be determined using both objective and subjective standards. The objective standard is met when a reasonable person would consider the words or actions 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. The subjective standard is met when a party believes in good faith that the words or actions of the parties manifested an agreement between them to do the same thing, in the same way, at the same time, with one another.
  6. A person who is the object of Sexual Assault is not required to physically or otherwise resist a sexual aggressor.
  7. Silence, previous sexual relationships, and/or the existence of a current relationship with the Respondent do not imply consent.
  8. Consent cannot be implied by attire, or inferred from the giving or acceptance of gifts, money, or other items.
  9. Consent to sexual activity may be withdrawn at any time, as long as the withdrawal is communicated clearly.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.
  10. A Respondent's intentional use of alcohol/drugs does not excuse a violation of policy.
  11. Consent may never be given by:
    • A minor to an adult.
    • Mentally disabled persons when the mental disability is known or reasonably should have been known.
    • Physically incapacitated persons when the incapacitation is known or reasonably should have been known to the initiating party that the person is incapacitated due to illness, consumption of alcohol or drugs, is unconscious, etc.