In order for individuals to engage in sexual activity of any type with each other, there must be consent prior to and during each stage of sexual activity. Consent is defined as the affirmative, actively given, unambiguous and voluntary agreement to engage in a specific sexual activity during a sexual encounter. To obtain consent, a clear "yes," verbal or otherwise, is necessary. Consent cannot be inferred from the absence of a "no."
A current or previous relationship is not sufficient to constitute consent. A person under the influence of fear cannot give consent. Consent may never be given by a minor under the age of 15, or by a minor under the age of 18 in certain situations depending on the ages of both parties or in instances where the adult is in a position of trust. Consent cannot be given by an individual who is asleep, or by and individual who is mentally or physically incapacitated either through the effect of drugs or alcohol or for any other reason. Consent may also not be given by an individual who was under duress, threat, coercion, or force.
Incapacitation: Incapacitation is a state where a person lacks the ability to make rational reasonable decisions including an inability to understand the who, what, when, where, why or how of sexual activity, or an inability to fully understand the details of sexual interaction. Incapacity can result from alcohol or drug consumption, illness, unconsciousness, blackout, sleep, mental disability, and other circumstances.
Romantic or Sexual Relationships between Employees or between Students and Employees
Consensual romantic or sexual relationships in which one party maintains a direct supervisory or evaluative role over the other party must be reported. This applies to relationships between employees, employees and independent contractors and/or relationships between employees and students. This applies to Resident Assistants and students over whom they have direct responsibility. Persons with direct supervisory or evaluative responsibilities who are involved in such relationships must bring those relationships to the timely attention of the EO & Title IX Coordinator, or the Director, Human Resources, and will likely result in the removal of the employee from supervisory or evaluative responsibilities, or removal of the other party from being supervised or evaluated by someone with whom they have established a consensual relationship. While no relationships are prohibited by this policy, failure to self-report such relationships to Human Resources can result in disciplinary action for an employee. Employees are prohibited from making or participating in decisions affecting a student’s or employee’s progress or standing or which may reward or penalize a student or employee, with whom the employee has or has had a sexual or romantic relationship.