f. Consent Conduct is unwelcomed if it is done in the absence of consent. “Consent” means an affirmative, clear, unambiguous, knowing, informed, and voluntary agreement between all participants to engage in sexual activity. • Consent is active, not passive. Silence or lack of resistance cannot be interpreted as consent. • Seeking and having consent accepted is the responsibility of the person(s) initiating each specific sexual act regardless of whether the person initiating the act is under the influence of drugs and/or alcohol. • The existence of a dating relationship or past sexual relations between the participants does not constitute consent to any other sexual act. • Affirmative consent must be ongoing throughout the sexual activity and may be withdrawn at any time. When consent is withdrawn or cannot be given, sexual activity must stop. • Consent cannot be given when it is the result of any coercion, intimidation, force, deception, or threat of harm. • Consent cannot be given when a person is incapacitated. Incapacitation occurs when an individual lacks the ability to fully, knowingly choose to participate in sexual activity. Incapacitation includes impairment due to drugs or alcohol (whether such use is voluntary or involuntary); inability to communicate due to a mental or physical condition; the lack of consciousness or being asleep; being involuntarily restrained; if any of the parties are under the age of 16; or if an individual otherwise cannot consent. • The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity or gender expression. 7. Other Definitions: a. “Complainant” means an individual who is alleged to be the victim of conduct that could constitute sexual harassment. b. “Reporting Party” means any person who reports sexual harassment or conduct that could constitute sexual harassment, whether or not the person reporting is the person alleged to be the victim. c. “Respondent” means an individual who has been reported by the individual engaging in the conduct that could constitute sexual harassment. B. Remedies and Interim Measures for Unlawful Discrimination and Unlawful Harassment that Does Not Constitute Sexual Harassment under Title IX It may be necessary or advisable to take actions (as determined by the institution) designed to minimize the chance that either party may either harass or retaliate against the other party and to provide support to the parties, as appropriate. The measures themselves must not amount to retaliation and shall not be deemed to be a sanction. Depending on the specific nature of the problem, interim measures and final remedies may include, but are not limited to: For Students: a. Issuing mutual no contact directives; b. Providing an escort to ensure safe movement between classes and activities; c. Not sharing classes or extracurricular activities; d. Moving to a different residence hall; e. Providing written information regarding institution and community services including but not limited to medical, counseling and academic support services, such as tutoring; f. Providing extra time to complete or re-take a class or withdraw from a class without an academic or financial penalty; g. Restricting to online classes; h. Providing information regarding campus transportation options; 20
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