What Does Consent Look Like?

Consent is affirmative, conscious, voluntary, and revocable. Consent to sexual activity requires of each person an affirmative, conscious, and voluntary agreement to engage in sexual activity.

It is the responsibility of each person to ensure they have the affirmative Consent of the other to engage in the sexual activity. Lack of protest, lack of resistance, or silence do not, alone, constitute consent. Affirmative consent must be ongoing and can be revoked at any time during sexual activity.

The existence of a dating relationship or past sexual relations between the two people will never by itself be assumed to be an indicator of consent (nor will subsequent sexual relations or dating relationship alone suffice as evidence of Consent to prior conduct).

The belief that someone consented will not provide a valid defense unless the belief was actual and reasonable. In making this determination of whether consent of was given, all of the facts and circumstances the Consent cannot be given someone believed the other part gave consent situations that:

The person's belief arose from their own intoxication or recklessness;
The person did not take reasonable steps, in the circumstances known to the them at the time, to ascertain whether the other person affirmatively Consented; or
The person knew or a reasonable person should have known that the other person was unable to Consent because that person was incapacitated, in that they were:

- asleep or unconscious
- unable to understand the fact, nature, or extent of the sexual activity due to the influence of drugs, alcohol, or medication
- unable to communicate due to a mental or physical condition.

What’s Not Consent?

If consent is not present, any further or continued action is inappropriate, abusive, and considered sexual assault. If the answer is not a clear, enthusiastic yes, it’s no.

A sexual interaction cannot be consensual if:

Force, coercion (manipulation), threats, or intimidation
Persons physically or mentally incapacitated, either voluntarily or involuntarily, as a result of alcohol or other drug consumption
Individuals who are unconscious, asleep, unaware, or otherwise physically incapacitated
Minors under the age of consent
Persons whose mental disabilities prohibit sound judgment

When someone indicates, verbally or physically, that they do not want to engage in a particular sexual activity, that they want to stop a particular activity, or that they do not want to go past a certain point of sexual interaction, continued activity or pressure to continue beyond that point is coercive. Consent cannot be obtained through coercion.

Any continued activity or pressure to continue beyond that point is considered coercion, and is an abuse of power.

Incapacitation means that a person lacks the ability to actively agree to sexual activity because the person is asleep, unconscious, under the influence of alcohol or other drugs such that the person does not have control over their body, is unaware that sexual activity is occurring, or their mental, physical or developmental abilities render them incapable of making rational informed decisions. Incapacitated is a state beyond drunkenness or intoxication. A person is not necessarily incapacitated merely as a result of drinking, using drugs, or taking medication.

A person violates this policy when they engage in sexual activity with another person who is Incapacitated and a Reasonable Person in the same situation would have known that the person is Incapacitated. Incapacitation can be voluntary or involuntary. Signs of Incapacitation may include, without limitation: sleep; total or intermittent unconsciousness; lack of control over physical movements (e.g., inability to dress/undress without assistance; inability to walk without assistance); lack of awareness of circumstances or surroundings; emotional volatility; combativeness; vomiting; incontinence; unresponsiveness; and inability to communicate coherently. Incapacitation is an individualized determination based on the totality of the circumstances.

Quick and Clear Recap:

Any hesitation or indication of not wanting to continue a sexual activity is a sign to stop immediately.
Any uneasiness, concerns, questions, pain, discomfort, and requests should be listened to immediately.
If someone is drunk or high or asleep, don't engage in any physical or sexual encounter with that person. Continuing to do so may be assault.
If a person says stop, stop. No matter what.
Trying to talk someone into or pressure someone into sexual activity is coercion- and is a form of abuse of power.
Someone can change their mind at any point about continuing the sexual act. If that happens, you have to stop immediately and respect the withdrawal of consent.
Using force, threats, or intimidation to make someone engage in sexual acts is assault.
Only a clearly communicated yes means you are in agreement to continue