Retaliation (Title IX): Sexual and Related Misconduct Policy

Retaliation (Title IX): Neither the University nor any person may intimidate, threaten, coerce, or discriminate against any individual for the purpose of interfering with any right or privilege secured by the U.S. Department of Education, or because the individual has made a report or Formal Complaint, testified, assisted, or participated or refused to participate in any manner in an investigation, proceeding, or hearing. Intimidation, threats, coercion, or discrimination, including charges against an individual for code of conduct violations that do not involve sex discrimination or sexual harassment, but arise out of the same facts or circumstances as a report or complaint of “Sexual Harassment,” or a report or Formal Complaint of “Sexual Harassment” -- as the term is defined by the U.S. Department of Education -- for the purpose of interfering with any right or privilege secured by the U.S. Department of Education, constitutes retaliation.

The following concepts apply with respect to consent:

Consent must be affirmative. Affirmative consent is a knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant’s sex, gender, gender identity, gender expression, sexual orientation, or any other protected class recognized under federal, state, or local law.

Six Guiding Principles Regarding Consensual Sexual Activity: The following principles, along with the above definition, will be used to evaluate whether sexual activity was consensual or violates the Sexual and Related Misconduct Policy and Procedures:

  1. Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act.
  2. Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol.
  3. Consent may be initially given but withdrawn at any time.
  4. Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity.
    • Incapacitation may be caused by lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent.
    • Depending upon the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent.
  5. Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm.
  6. When consent is withdrawn or can no longer be given, sexual activity must stop.

Minors Lack Consent: A minor, defined as anyone less than 17 years of age, is incapable of consenting to sexual activity. The University adopts this prohibition of sexual activity with minors for conduct occurring on-campus or off-campus regardless of out-of-state laws.