August 22, 2016

Consent (Student Misconduct)

Consent must be affirmative. “Affirmative consent” means affirmative, conscious, and voluntary agreement to engage in sexual activity. It is positive cooperation in act and attitude made with knowledge and agreement to the nature of the act.

It is the responsibility of each person involved to ensure they have the affirmative consent of the other(s) to engage in sexual activity. Affirmative consent must be ongoing throughout the sexual activity and can be revoked at any time.

Lack of protest or resistance does not mean consent, nor does silence mean consent.

Consent cannot be inferred from an existing or previous dating relationship. Previous sexual activity between the parties cannot, by itself, be assumed to be an indicator of consent. There must be mutual consent to engage in the sexual activity each time it occurs.

Consent to engage in sexual activity at one time is not consent to engage in the same or different sexual activity at a different time. Consent to engage in sexual activity with one person is not consent to engage in sexual activity with another.