What is Consent?
Consent to engage in sexual activity must be informed, knowing and voluntary; consent must exist from the beginning to end of each instance of sexual activity and for each form of sexual contact. Consent is demonstrated through mutually understandable words and/or actions that clearly indicate a willingness to engage freely in sexual activity. Consent is active, not passive.
Guidance for Consent:
For the purposes of this Policy, consent is defined as a freely and affirmatively communicated agreement to participate in sexual activity. Consent can be given by words or by clear, unambiguous action. What is essential is that the individual has affirmatively demonstrated their willingness to participate in sexual activity and, as such, consent may not be inferred from silence, passivity, or lack of response or resistance. Importantly, consent must be present at all times: at any time, a person can communicate that they no longer consent to sexual activity, and sexual activity must immediately cease. Consent should be sought before initiating additional sexual acts, such that consent to some sexual activity (such as kissing) does not constitute consent to other sexual activity (such as intercourse), even if the person has previously agreed to engage in such sexual activity. Consent is not given if it results from the threat or use of physical force, intimidation, or any other factor that negates free choice. Determining whether consent was present during a sexual encounter is a fact- and circumstance-dependent inquiry which may include the larger context, if any, including Relevant (as defined by this Policy) facts regarding the relationship between the Parties.