Is informed (knowing); voluntary (freely given); and, active (not
passive), meaning that, through the demonstration of clear words or
actions, a person has indicated permission to engage in mutually
agreed-upon sexual activity and the consenting person is not
incapacitated as defined by this policy.
- Affirmative Consent cannot be obtained by Force. Force includes:
(a) the use of physical violence, (b) threats, (c) intimidation,
and/or (d) coercion.
Physical violence means that a person is exerting control over
another person through the use of physical force.
- Examples of physical violence include but are not limited to
hitting, punching, slapping, kicking, restraining, strangling, and
brandishing or using any weapon.
Threats are words or actions that would compel a reasonable person to
engage in unwanted sexual activity. Examples include threats to harm
a person physically, to reveal private information to harm a person’s
reputation, or to cause a person academic or economic harm.
Intimidation is an implied threat that menaces or causes reasonable
fear in another person. A person’s size, alone, does not constitute
intimidation; however, a person’s size may be used in a way that
constitutes intimidation (e.g., blocking access to an exit).
Coercion is the use of an unreasonable amount of pressure to gain
sexual access. Coercion is more than an effort to persuade, entice, or
attract another person to have sex. When a person makes clear a
decision not to participate in a particular form of Sexual Contact or
Sexual Intercourse, a decision to stop, or a decision not to go beyond
a certain sexual interaction, continued pressure can be coercive. In
evaluating whether coercion was used, the University will consider:
(i) the frequency of the application of the pressure, (ii) the
intensity of the pressure, (iii) the degree of isolation of the person
being pressured, and (iv) the duration of the pressure.
Affirmative Consent cannot be gained by taking
advantage of the incapacitation of another, where the person
initiating sexual activity knew or reasonably should have known that
the other was incapacitated.
- Incapacitation means that a person lacks the ability to make
informed, rational judgments about whether or not to engage in
- Incapacitation is such that it renders the person incapable of
self-care and protection. Incapacitation could be the result of
alcohol or other drugs or due to a temporary or permanent physical
or mental health condition.
Affirmative Consent to one form of sexual activity
does not, by itself, constitute Affirmative Consent to another form of