In reviewing possible violations of sexual misconduct, the University considers consent as the voluntary, informed, uncoerced agreement through words and actions freely given, which a reasonable person would interpret as a willingness to participate in mutually agreed-upon sexual acts. Consensual sexual activity happens when each partner willingly and affirmatively chooses to participate.
Indications that consent is not present include: when physical force is used or there is a reasonable belief of the threat of physical force; when duress is present; and when a person is incapable of making an intentional decision to participate in a sexual act, which could include instances in which the person is in a state of incapacitation.
Important points regarding consent include:
In the context of this policy, incapacitation is the state in which a person’s physical ability is so limited, or perception or judgment is so impaired, that he or she lacks the capacity to make or act on conscious decisions. The use of drugs or alcohol can cause incapacitation. An individual who is incapacitated is unable to consent to a sexual activity. Engaging in sexual activity with an individual who is incapacitated (and therefore unable to consent), where a person knows or ought reasonably to have understood that the individual is incapacitated, constitutes sexual misconduct.