Consent cannot be obtained through the use of physical force, threats, intimidation, or coercion. Sexual activity accompanied by any of these behaviors is not consensual.

Coercion refers to unreasonable pressure for sexual activity. When someone makes it clear that they do not want to engage in sexual activity or do not want to go beyond a certain point of sexual interaction, continued pressure beyond that point can be considered coercive. The use of coercion can involve the use of pressure, manipulation, substances, and/or force. Ignoring objections of another person is a form of coercion.

Force refers to the use of physical violence and/or imposing on someone physically to engage in sexual contact or intercourse. Force can also include threats, intimidation (implied threats), or coercion used to overcome resistance (Rutgers, 2017).

At Southeast Missouri State University, any non-consensual sexual activity is prohibited. The University’s Procedures for Defining and Adjudicating Sexual Violence Cases Involving Students provides a clear explanation of consent.

Consent is an affirmative decision to engage in mutually acceptable sexual activity given by clear actions or words.

Students should understand that consent may not be inferred from silence, passivity, or lack of active resistance alone. Furthermore, a current or previous dating or sexual relationship is not sufficient to constitute consent, and consent to one form of sexual activity does not imply consent to other forms of sexual activity.

Conduct will be considered “without consent” if no clear consent, verbal or nonverbal, is given. The perspective of a reasonable person will be the basis for determining whether an accused student knew, or reasonably should have known, whether consent was given. However, being intoxicated or incapacitated does not diminish one’s responsibility to obtain consent and will not be an excuse for sexual misconduct.

Incapacitation is a state where someone cannot make rational, reasonable decisions or judgments because they lack the capacity to give knowing consent (e.g., to understand the “who, what, when, where, why, or how” of their sexual interaction). Incapacitation can occur mentally, from a cognitive impairment or development disability, or physically, from the use of alcohol or other drug use (voluntary or involuntary), or blackout (a period where memory formation is blocked or a period of consistent memory loss).

Sexual activity with someone you know to be or should know to be incapacitated constitutes a violation of the Code of Conduct. The Code of Conduct also covers a person whose incapacity results from mental disability, sleep, unconsciousness, involuntary physical restraint, or from the use of date rape drugs (voluntary or involuntary) (ATIXA, 2017).

Reprisal or retaliation against an individual for making a complaint of sexual harassment, for participating in a sexual harassment investigation, or using or participating in the informal or formal complaint process, is prohibited by University policy and by law. Any member of the University community has the right to raise good faith concerns about sexual harassment without fear of retaliation. Retaliation is also prohibited against anyone who in good faith opposes, in a reasonable manner, an act believed to constitute a violation of this policy. Retaliation shall be considered a serious violation of this policy independent of whether a complaint of sexual harassment, formal or informal, is substantiated. Encouraging others to retaliate also violates this policy.

Retaliation can take many forms, including sustained abuse or violence, threats, and intimidation, and can be in person, through electronic media, and/or through third parties. An individual or a group of individuals can be responsible for retaliation. Retaliation is considered a separate offense from any associated complaint, and will be investigated independent of the associated complaint.