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This entry was published on 2017-08-18
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Affirmative consent to sexual activity
Education (EDN) CHAPTER 16, TITLE 7, ARTICLE 129-B
§ 6441. Affirmative consent to sexual activity. 1. Every institution
shall adopt the following definition of affirmative consent as part of
its code of conduct: "Affirmative consent is 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

2. Each institution's code of conduct shall reflect the following
principles as guidance for the institution's community:

a. 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.

b. Consent is required regardless of whether the person initiating the
act is under the influence of drugs and/or alcohol.

c. Consent may be initially given but withdrawn at any time.

d. 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.

e. Consent cannot be given when it is the result of any coercion,
intimidation, force, or threat of harm.

f. When consent is withdrawn or can no longer be given, sexual
activity must stop.