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Definitions: Sexual Assault

  • Sexual Assault/Sexual Misconduct (from the Student Code of Conduct)
    Sexual assault; sexual misconduct, which is defined as any unwanted or unwelcome physical contact of a sexual nature; or sexual harassment, which is defined as any unsolicited, unwelcome, and unwanted sexual advance or other conduct of a sexual nature which has the effect of interfering with an individual’s performance or creating an intimidating, hostile, or offensive environment. Sexual assault or misconduct may include a sexual act directed against another person when that person is not capable of giving consent, which shall mean the voluntary agreement by a person in the possession and exercise of sufficient mental capacity to make a deliberate choice to do something proposed b another. A person who initially consents to sexual activity shall be deemed not to have consented to any such activity which occurs after that consent is withdrawn. Consent cannot be assumed because there is no physical resistance or other negative response. A lack of consent may result from mental incapacity (e.g., ingestion of alcohol or drugs that significantly impairs awareness or judgment) or physical incapacity (e.g., the person is unconscious or otherwise unable to communicate consent).