Consent: An affirmative decision to engage in mutually acceptable sexual activity freely given by clear actions and/or words. Consent may not be inferred from silence, passivity, or lack of active resistance alone. A current or previous dating or sexual relationship is not sufficient to constitute consent. Consent to one form of sexual activity does not imply consent to other forms of sexual activity. • Consent is not freely given when the individual is incapacitated (Defined further below). Consent is not freely given when the individual is coerced into sexual activity, such as, for example, through the use of physical force, threat of physical or emotional harm, undue pressure, isolation, or confinement. • Consent may be withdrawn at any time. Once withdrawn, the non-consensual sexual activity must cease. • The perspective of a reasonable person will be the basis for determining whether a Respondent knew, or reasonably should have known, whether a Complainant was able to freely give consent and whether consent was given. Additionally, being intoxicated or incapacitated does not diminish one’s responsibility to obtain consent and will not be an excuse for Prohibited Conduct. • A person under 16 years old is deemed incapable of consent. Confidential Employee: An employee whose communications are privileged or confidential under federal or state law, whom UNA has designated as confidential to provide services to persons related to discrimination, harassment, and related misconduct, or who is conducting an Institutional Review Board-approved human- subjects research study. UNA Program or Activity: Includes all operations of UNA, including educational programs, employment or other activities; locations, events, and circumstances where UNA exercises substantial control; remote learning platforms; and any building owned or controlled by a student organization recognized by UNA. Incapacitation: Incapacitation is the state of being unable to consent by making informed, deliberate decisions about whether or not to engage in sexual activity. States of incapacitation include, but are not limited to: being mentally and/or physically helpless, asleep, unconscious, intermittently conscious or unaware that sexual activity is occurring. Incapacitation also includes the physical inability to communicate unwillingness. Alcohol or other drug use is one of the primary causes of Incapacitation. Incapacitation is a state beyond drunkenness or intoxication. A person is not necessarily Incapacitated solely as a result of drinking or using drugs; the level of impairment must be significant enough to render a Complainant unable to Consent. Evaluating Incapacitation requires an assessment of whether a Respondent knew or should have known of the Complainant’s incapacitation based on objectively and reasonably apparent indications of impairment when viewed from the perspective of a sober, reasonable person in the Respondent’s position. Indications that a person may be incapacitated include but are not limited to: slurred speech, unsteady walking, combativeness, emotional volatility, vomiting, and inability to dress or undress without assistance. Being impaired by alcohol or other drugs is not a defense to any violation of this Policy. Formal Complaint of Title IX Sexual Harassment: A document or electronic submission filed by a Complainant or signed by the Title IX Coordinator alleging Title IX Sexual Harassment against a Respondent and requesting that UNA investigate the allegation. At the time of filing a Formal Complaint, a Complainant must be participating in or attempting to participate in a UNA education program or activity. A Formal Complaint must contain the Complainant’s physical or digital signature or otherwise indicate that the Complainant is the person filing the Formal Complaint. Report: Notification, either orally or in writing, and by any individual, that Prohibited Conduct is alleged to have occurred.
Respondent: The person or office, program, department, or group against whom the allegation or complaint is
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