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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
consumption of alcohol or other drugs, or due to a temporary or permanent physical or mental
health condition. When evaluating whether someone consented to sexual activity after
consuming alcohol or drugs, the University will consider whether a reasonable person would
have known about the impact of alcohol and other drugs on the other party’s ability to give
consent.
C. Sexual Harassment
Sexual harassment is a form of harassment based on sex or gender. Sexual harassment includes
unwelcome sexual advances, requests for sexual favors, and other verbal, written, online and/or
physical conduct of a sexual nature or the creation of a hostile environment when it meets any of
the following criteria:
•
Submission to or rejection of such conduct is made, either explicitly or implicitly, a term or
condition of an individual’s employment or educational status or as a basis for employment or
academic decisions; or
•
Such conduct has the purpose or effect of unreasonably interfering with an individual’s
employment or educational performance, depriving a student or employee or other individual
of the ability to participate in or derive full benefit from any educational or employment
opportunity, or creates an intimidating, hostile or offensive environment for education,
employment, social and/or residential living.
The University recognizes that sexual harassment may occur regardless of the formal position or
status of each person involved, it occurs in relationships where the behavior exploits unfairly the
power inherent in the position, such as between teacher and student, supervisor and subordinate,
or between a student with a position of authority over another student.