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IV.
Prohibited Conduct Under This Policy
Conduct under this policy is prohibited regardless of the sex, sexual orientation and/or gender
identity/expression of the Complainant. Prohibited conduct includes the following specifically
defined forms of behavior:
A.
Sexual Assault
Sexual assault consists of sexual contact or attempted contact with another person without the
person’s affirmative consent. Sexual assault includes, but is not limited to:
Intentional touching of another person’s intimate parts without that person’s affirmative
consent; or
Other intentional sexual contact with another person without the person’s affirmative
consent; or
Coercing, forcing, or attempting to coerce or force a person to touch another person’s
intimate parts without that person’s affirmative consent; or
Rape, which is penetration, no matter how slight, of the (1) vagina or anus of a person by
any body part of another person or by an object, or (2) the mouth of a person by a sex
organ of another person, without that person’s affirmative consent.
B.
Affirmative Consent
Affirmative Consent must be informed, voluntary, and active, meaning that, through the
demonstration of clear words or actions, a person has indicated permission to engage in mutually
agreed-upon sexual activity. Affirmative Consent can be withdrawn at any time, and cannot be
obtained by force, expressed or implied, or when physical violence, threats, intimidation and/or
coercion is used. Affirmative consent to one form of sexual activity does not, by itself, constitute
Affirmative Consent to another form of sexual activity. Past consent to sexual activity with
another person does not imply ongoing future consent with that person or consent to the same
sexual activity with another person.
Silence, absence of protest, or absence of resistance does not imply Affirmative Consent.
Relying solely on non-verbal communication before or during sexual activity can lead to
misunderstanding and may result in violation of the Policy on Sexual Misconduct. In order to
avoid confusion or ambiguity, participants are encouraged to talk with one another before
engaging in sexual activity. If confusion or ambiguity arises during sexual activity, participants
are encouraged to stop and clarify a mutual willingness to continue the activity.
Affirmative consent cannot be gained by the 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 to engage in sexual activity.
A person who is incapacitated is unable to give affirmative consent because of mental or
physical incapacitation or impairment, which may include sleep, unconsciousness, or lack of
awareness that sexual activity is taking place. A person may be incapacitated as a result of the