August 22, 2016

Reasonable belief in affirmative consent (Student Misconduct)

Reasonable belief in affirmative consent is a defense to sexual assault and non-consensual sexual contact. The totality of circumstances known and reasonably should have been known are evaluated in determining whether a Respondent’s belief is actual and reasonable.

Belief in affirmative consent is not reasonable if it arose from a Respondent’s intoxication or recklessness. Further, such belief is not reasonable if steps are not taken to determine affirmative consent.