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Return to: Title IX: Table of Contents
Goldey-Beacom College’s Definition of Consent and Non-Consensual Activity
An affirmative decision to engage willingly in mutually acceptable sexual activity given by clear words and/or actions. It is an informed decision made freely and actively by all involved parties. In order for a sexual encounter to be consensual, each participant must agree to engage in each act of the encounter.
- Consent is active, not passive. Silence, in and of itself, cannot be interpreted as consent. Consent can be given by words or actions, as long as those words or actions create mutually understood permission regarding the conditions of sexual activity.
- Consent to one form of sexual activity cannot imply consent to other forms of sexual activity.
- Previous relationships or consent does not imply consent to future sexual acts.
- Consent cannot be procured by use of physical force, compelling threats, intimidating behavior, or coercion. Coercion is unreasonable pressure to engage in sexual activity.
- Consent is a continual, on-going action. Either party may withdraw consent at any time during the sexual encounter. Consent is withdrawn through words or actions that indicate a clear desire to end sexual activity. Once consent has been withdrawn, all sexual activity must stop immediately.
In order to give consent, one must be of legal age and have the capacity to consent. Incapacity may result from mental disability, intellectual disability, unconsciousness/sleep, age, or use of alcohol, drugs, medication, and/or other substances. Incapacitation is a state where someone cannot make rational, reasonable decisions because the person lacks capacity to give knowing consent (e.g. to understand the “who, what, when, where, why or how” of their sexual interaction). Consent cannot be given by someone who one should know to be, or based on the circumstances, reasonably should have known to be, mentally or physically incapacitated, and acting as though consent has been granted is a policy violation.
The use of alcohol or drugs can limit a person’s ability to give consent freely and clearly. Alcohol and other drugs can lower inhibitions and create an atmosphere of confusion over whether or not consent has been freely and clearly given.
The question of incapacitation is determined on a case-by-case basis using both objective and subjective standards. In evaluating whether a person was incapacitated for the purposes of evaluating effective consent, the College will consider: (1) whether the person initiating the sexual activity knew that their partner was incapacitated; and if not (2) whether a reasonable person in the same situation would have known that their partner was incapacitated.
Examples of when a person should know the other is incapacitated include, but are not limited to:
- the amount of alcohol, medication or drugs consumed;
- imbalance or stumbling;
- slurred speech;
- lack of consciousness or inability to control bodily functions or movements; or
- vomiting.
Being intoxicated or impaired by alcohol or drugs does not diminish one’s responsibility to obtain consent and is never an excuse for sexual misconduct.
Engaging in sexual activity with someone without their consent is prohibited by the College, and any reports of such will be investigated and adjudicated through the applicable grievance procedure depending on whether or not the incident meets the threshold of a violation of Title IX or not.
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