Sexual misconduct is actual or attempted sexual contact with another person without that person's consent, but...
WHAT IS CONSENT?
Informed – If a person is impaired due to alcohol, drugs, being asleep, unconscious, mentally impaired, or below the age of legal consent, there can be no consent. Such person cannot understand the fact, nature, or extent of the sexual situation; the initiator should know, or reasonably should know, if an individual is incapacitated.
Freely Given – Consent is only possible when there is equal power in the relationship. If coercion, intimidation, or threats of physical force are used, there is no consent. There is no consent when there is force, expressed or implied, or use of duress or deception upon the victim. Whether an individual has taken advantage of a position of influence over an alleged victim may be a factor in determining consent.
Mutual – It is active, not passive, and can be withdrawn at any time. Past consent to sexual activities does not imply ongoing future consent and consent for one form of sexual activity does not imply consent to other forms of sexual activity. Silence does not necessarily constitute consent. It is the responsibility of the initiator to obtain consent.
You need consent for every form of sexual activity or you may be responsible for sexual assault, so...
HOW DO I GET CONSENT?
Ask! - "Do you want to have sex?" "How far do you think you'd like to go?" "Are you okay with this?"
Watch! – Look for non-verbal messages, discomfort, lack of eye contact, or not responding.
Listen! – "I want you to..." "I am ready to..." and "I feel the same as you" can be a Yes. Remember that silence is not consent, get the "YES" every time for every act! If someone says, "I'm not ready...." "I don't know..." or "I've had a lot to drink..." STOP.
Remember! – Even if someone says yes, he or she can change their mind at any time. If someone says, "It hurts," "I don't want to do this anymore," or "I want to stop", STOP.
It is the position of The Office of Judicial Affairs that among the violations of misconduct considered to be of an especially serious nature are those that represent a threat to the safety and health of members of the University Community. These include but are not limited too, harassment, physical violence or threat of violence, non-consensual sexual contact, rape or any form of sexual violence.
If you as a student or reporter wish to remain anonymous, fill out the Anonymous Incident Report. The university will use this information for statistical purposes, to better understand the scope of sexual violence on campus, and to develop and implement preventive efforts.
If you fill this form out with a University employee, including a student employee, the report will no longer be anonymous.
The university is required to investigate allegations of sexual misconduct to the best of its ability. As a result, the university will follow up on any specific, identifying information provided in this anonymous report.
If you wish to discuss a concern while maintaining confidence to the greatest extent possible, you have the following options: (Resources)
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