f. Consent

Conduct is unwelcome 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• Affirmative consent must be ongoing throughout the sexual activity and may be withdrawn at any time. When consent is withdrawn or cannot be given, sexual activity must stop.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.