Issue link: http://howardcc.uberflip.com/i/858454
84 • 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. A respondent's level of incapacitation will not diminish the respondent's responsibility for needing to obtain consent. • 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. C. Definitions Related to Implementation of Policy: 1. Retaliation is any adverse action, absent legitimate nondiscriminatory purposes, taken against a person participating in a protected activity because of their participation in that protected activity. Participation can include making a report, opposing in a reasonable manner an act or policy believed to constitute discrimination or harassment, or testifying, assisting, or participating in any manner in an investigation, proceeding, or hearing related to a protected activity. Retaliation includes retaliatory discrimination or harassment. 2. Interim Measures means reasonably available steps the college may take to protect the parties while a sexual misconduct investigation is pending. 3. Responsible Employee includes any college employee who (1) has the authority to take action regarding sexual misconduct; (2) is an employee who has been given the duty of reporting sexual misconduct; or (3) is someone another individual could reasonably believe has this authority or duty. HCC has designated all HCC non-confidential college employees as responsible employees. This includes: the Title IX coordinators and all Title IX team members, all non-confidential administrators, all professional and technical staff, all support staff, all faculty, all athletic coaches, and all college public safety staff members. The college employees who are designated as confidential include: employees of HCC Counseling Services licensed for and acting as personal counselors and employees licensed for and acting in a medical capacity for a patient.