III. Interpretive Rules for Sexual Misconduct Charges
- The person who is the object of sexual aggression (the “complainant”) is not required to physically or otherwise resist a sexual aggressor.
- Silence, previous sexual relationships, and/or current relationship with the “respondent” (the alleged perpetrator), or anyone else, may not, in themselves, be taken to imply consent. Consent cannot be implied by attire, or inferred from the buying of dinner or the spending of money on a date.
- Intentional use of alcohol/drugs by the respondent is not an excuse for violation of the sexual misconduct policy.
- A student who deliberately drugs or attempts to push another to consume alcohol for the purpose of rendering that person incapacitated or sexually submissive/passive commits a violation of the sexual misconduct policy.
- Effective consent to sexual activity may be withdrawn at any time, as long as the withdrawal is communicated clearly (because you cannot be expected to read the mind of your sexual partner(s)), and all sexual activity must cease.
- An "intent to rape" is not required under this policy. Unlike murder, for which there must be an intent to kill, rape is not an intent-based concept. The requisite intent for rape is demonstrated by engaging in the act of intercourse intentionally.
- Effective consent has an expiration date. Effective consent lasts for a reasonable time, depending on the circumstances. Effective consent must be contemporaneous with the sexual activity involved.
- Forced sexual intercourse is not limited to strangers and can include acquaintances.
