Defining Consent

There are many possible ways to look at consent.  The University Non-Discrimination Complaint Reporting and Resolution Procedure defines consent as follows:

Consent must be knowing, clear and voluntary. Someone who is incapacitated cannot consent. Silence or absence of resistance does not establish consent. Consent to one form of sexual activity does not imply consent to other forms of sexual activity. Consent to engage in sexual activity with one person does not imply consent to engage in sexual activity with another. Consent must be obtained at the time of the specific activity and can be withdrawn at any time. Lack of consent or withdrawal of consent may be communicated by words or non-verbal acts. Coercion and force, or a threat of either, invalidates consent. Consent is not valid if:

  1. Given by a person who lacks the mental capacity to authorize the conduct  and such mental incapacity is manifest or known to the actor; or
  2. Given by a person who by reason of youth, mental disease, or defect, intoxication, a drug-induced state, or any other reason is manifestly unable or known by the actor to be unable to make a reasonable judgment as to the nature or harmfulness of the conduct; or
  3. Induced by force, duress, or deception.

The requirements of this policy are blind to the sexual orientation or preference of individuals engaging in sexual activity

This is the definition of consent that is used in making decisions of responsibility in our resolution process.