Issue link: http://howardcc.uberflip.com/i/542144
POLICIES 81 including cyber-stalking; or engaging in indecent exposure. Definition of Consent: Consent is defined as permission to act. It may be given by words or actions, so long as those words or actions create clear, voluntary, mutually understood permission to engage in (and the conditions of) sexual activity. Consent must meet all of the following standards: • Active, not passive. Silence, in and of itself, cannot be interpreted as consent. There is no requirement that an individual resist a sexual act or advance, but resistance is a clear demonstration of non-consent. • Given freely. A person cannot give consent under force, threats, or unreasonable pressure (coercion). Coercion includes continued pressure after an individual has made it clear that he/she does not want to engage in the behavior, he/she wants to stop the behavior, or that he/she does not want to go beyond a certain point of sexual interaction. • Provided knowingly. Legally valid consent to sexual activity cannot be given by: • A person under the legal age to consent (16 years old in Maryland) or • An individual who is known to be (or based on the circumstances should reasonably be known to be) mentally or physically incapacitated. An incapacitated individual is someone who cannot freely make rational, reasonable decisions because he/she lacks the capacity to understand the "who, what, when, where, why, or how" of a sexual interaction. This includes a person whose incapacity results from: being mentally disabled, asleep or passed out, involuntarily physically restrained, physically forced, unconscious or having a blackout, or beaten; feeling scared, physically forced, intimidated, coerced, threatened, or isolated; or having ingested, inhaled, or been injected with date rape drugs, or using alcohol or other drugs. Possession, use, or distribution of any drugs, alcohol, or similar substances is prohibited and administering a date rape drug to another student is a violation of this policy. • Specific. Permission to engage in one form of sexual activity does not imply permission for another activity. In addition, previous relationships or prior consent do not imply consent to future sexual acts. It is the responsibility of the initiator of the act to receive permission for the specific act. As a result, consent may be requested and given several times by multiple parties during a sexual encounter involving multiple acts. Reporting Sexual Misconduct The college has established the following procedures regarding sexual misconduct. Complaints alleging violations of college policies on non- discrimination, equal employment opportunity, equal education opportunity, or affirmative action will follow the procedures outlined in the college's discrimination complaint procedures. A student who reports an incident of sexual misconduct, either as a complainant or a third party witness, will not be held responsible for violating the Student Code of Conduct if s/he was under the influence of alcohol and/ or drugs at the time of the incident.