Consent
Consent means the voluntary, willful, unambiguous and freely given agreement to engage in a specific sexual activity during a sexual encounter. Consent cannot be given by someone who is:
- Under 18 years of age;
- Sleeping or unconscious;
- Unconscious, unaware, or otherwise mentally or physically incapacitated due to the use of drugs or alcohol (“incapacitated”);
- Unable to understand the nature of the sexual activity due to a mental disability or condition (“mentally incapable”); or
- Under duress, threat, deception, coercion, misuse of professional authority/status, or force.
Consent must be clear and communicated by mutually understandable words or actions. Silence, passivity, or the absence of physical or verbal resistance, (for example, the absence of a verbal “no” or “stop”) does not constitute consent, and relying solely on non-verbal communications may result in a violation of this policy. A person’s manner of dress does not constitute consent. It is important not to make assumptions. If confusion or ambiguity arises during a sexual interaction, it is essential that each participant stops and verbally clarifies the other’s willingness to continue. Prior consent does not imply current consent or future consent; even in the context of a prior or current relationship, consent must be sought and freely given for each instance of sexual contact.
Consent to any one form of sexual activity does not constitute consent to other forms of sexual activity. Consent can be withdrawn at any time during a sexual encounter. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another.