WHY AM I IN TROUBLE? WE HAD SEX BEFORE! Consent can be given through words or actions that clearly display permission to proceed.
Although it is common for individuals to engage in multiple sexual acts or sexual contacts during a brief time period, each party must affirmatively consent to participating in each sexual act or sexual contact. Consenting to one type of sexual act or contact is not a blanket consent to any and all types of sexual contacts. Mutual consent is required for each and may be withdrawn at any time by either party. When consent is withdrawn, the activity must stop. When consent can no longer be given, or when the individual who initially consents to the activity but during the course of the activity falls asleep or otherwise becomes unconscious or incapacitated, the other party must stop the sexual activity or contact. Being intoxicated is not a license to engage in sexual activity with another person without their consent. Students who are charged in student conduct process with initiating sexual activity or contact without the consent of another party cannot use as a defense that they themselves were under the influence of drugs and/or alcohol at the time they committed the violation.
INDIVIDUALS WHO ARE INCAPACITATED CANNOT CONSENT TO SEXUAL ACTIVITY OR CONTACT Students accused of sexual misconduct where incapacitation is a factor will face a hearing and an internal investigation. It must be noted that there is no single standard or number of drinks that leads to incapacitation. This level varies for different people, and may depend in part on the individual’s age, gender, height, weight, metabolism and whether and how much they have recently eaten. This is not to say that all individuals cannot affirmatively consent to sexual activity or contact when they have been drinking or using drugs. Some individuals may still affirmatively consent through words or actions that clearly indicate interest in engaging in the activity. This provision pertains to someone who is unconscious, asleep, or involuntarily restrained and thereby CANNOT consent to sexual activity. Minors who cannot consent under New York’s laws covering age of consent are considered incapacitated for purposes of §6441(2)(d) (See New York Penal Law Article 130 et seq.). IMPORTANT TO UNDERSTAND: Someone who is unconscious, asleep, or involuntarily restrained cannot consent to sexual activity.
DOMESTIC VIOLENCE GET HELP: National Domestic Violence Hotline 1-800-799-7233 1-800-787-3224 (TTY) En Español 1-800-799-7233 o el número TTY (línea telefónica de texto para personas con problemas de la audición y del habla) 1-800-787-3224
The following information is taken from the National Domestic Violence HOTLINE (thehotline. org). If any of the information or signs discussed in this section ring true for you, please call at 1-800799-7233 or chat with a representative of hotline.org online 24/7/365. The advocates are there to support and listen to you. Abuse does NOT have to be PHYSICAL, it CAN also be EMOTIONAL. You may be in an emotionally/verbally abusive relationship if you partner exerts control through:
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Calling you names, insulting you or continually criticizing you Refusing to trust you and acting jealous or possessive Trying to isolate you from family or friends Monitoring where you go, who you call and who you spend time with Demanding to know where you are every minute Trapping you in your home or preventing you from leaving