V. AFFIRMATIVE CONSENT TO SEXUAL ACTIVITY - § 6441 A knowing, voluntary, and mutual decision among all participants to engage in sexual activity. Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity. Silence or lack of resistance, in and of itself, does not demonstrate consent. The definition of consent does not vary based upon a participant’s sex, sexual orientation, gender identity or gender expression. The following are guidelines for evaluating the effectiveness of consent: • Consent to any sexual act or prior consensual sexual activity between or with any party does not necessarily constitute consent to any other sexual act. • Consent is required regardless of whether the person initiating the act is under the influence of drugs and/ or alcohol. • Consent may be initially given but withdrawn at any time. Individuals choosing to engage in sexual activity must evaluate consent in an ongoing manner and communicate clearly throughout all stages of sexual activity. • Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity. Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent. Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs or other intoxicants may be incapacitated and therefore unable to consent. • Consent cannot be given when it is the result of any coercion, intimidation, pressuring, force or threat of harm, or by taking advantage of the incapacitation of another individual. • When consent is withdrawn or can no longer be given, sexual activity must stop. • New York state law establishes that an individual less than 17 years old is incapable of consent.
Consent, Abbreviated: Clear, unambiguous, and voluntary agreement between the participating to engage in specific sexual activity.
VI. POLICY FOR ALCOHOL AND/OR DRUG USE AMNESTY - § 6442 The health and safety of every student at Davis College is of utmost importance. Davis College recognizes that students who have been drinking and or using drugs (whether such use is voluntary or involuntary) at the time that violence, including but not limited to domestic violence, dating violence, stalking, or sexual assault occurs may be hesitant to report such incidents due to fear of potential consequences for their on conduct. Davis College strongly encourages students to report domestic violence, dating violence, stalking, or sexual assault to institution officials. A bystander acting in good faith or a reporting individual acting in good faith that discloses any incident of domestic violence, dating violence, stalking, or sexual assault to Davis College’s officials or law enforcement will not be subject to Davis College’s code of conduct action for violations of alcohol and/or drug use polices occurring at or near the time of the commission of the domestic violence, dating violence, stalking, or sexual assault. VII. STUDENT’S BILL OF RIGHTS - § 6443 The State University of New York and Davis College are committed to providing options, support and assistance to victims/survivors of sexual assault, domestic violence, dating violence, and/or stalking to ensure that they can continue to participate in College/University-wide and campus programs, activities, and employment. All victims/survivors of these crimes and violations, regardless of race, color, national origin, religion, creed, age, disability, sex, gender identity or expression, sexual orientation, familial status, pregnancy, predisposing genetic characteristics, military status, domestic violence victim status, or criminal conviction, have the following rights, regardless of whether the crime or violation occurs on campus, off campus, or while studying abroad:
T I T L E I X
20
Made with FlippingBook - Online Brochure Maker