Silence or passivity - without actions demonstrating permission - cannot be assumed to show consent. Previous consent does not imply consent to sexual activity in the future. Consent to some form of sexual activity cannot be automatically taken as consent to any other form of sexual activity. Consent can be given by word or action, but non-verbal consent is not as clear as talking about what you want sexually and what you do not. The expectations of our campus community regarding sexual misconduct can be summarized as follows: In order for individuals to engage in sexual activity of any type with each other, there must be clear, knowing, and voluntary consent prior to and during sexual activity. Silence, moving away, crying, being asleep, passed out, confined, emotionally manipulated, coerced or intimidated is by this definition not consent. Consent can be withdrawn at any time and requires an outward demonstration through understandable words or actions. Silence does not constitute consent, and past consent to sexual activities does not imply ongoing future consent. If a person is mentally or physically incapacitated or impaired so that the person could not understand the fact, nature, or extent of the sexual situation, there is no consent this includes conditions due to alcohol or drug consumption, or being asleep or unconscious, or under the age of legal consent, or unable to give consent under current law. If coercion, intimidation, threats, and/or physical force are used, there is no consent. Informed consent is freely and voluntarily given, it is mutually understood by all parties involved. Explicit approval and permission to engage in sexual activity demonstrated by clear actions, words, or writings.
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