In order to comply with Title IX of the Higher Education Amendments of 1972 (20 U.S.C. § 1681 et seq. (“Title IX”)) and the Violence Against Women Reauthorization Act of 2013, and other laws, regulations or University policies, reports of conduct involving alleged violations of sections 10.14 (Interpersonal Violence) and 10.15 (Sexual Misconduct) of the Code are subject to specialized and/or additional processes and procedures, which are described in Appendix G of the Student Discipline Procedures.
These processes and procedures are designed to provide a prompt and equitable resolution for both the complainant and respondent.
According to Section 2.6 of the Student Discipline Procedures, “Consent” means an affirmative decision to engage in an activity given by clear action or words. It is an informed decision made freely, willingly, and actively by all parties. Behavior will be considered “without consent” if no clear consent, verbal or nonverbal, is given. Consent cannot be procured by physical force, threats, intimidating behavior, or coercion. A person cannot give consent if the person is Incapacitated as a result of alcohol or drug consumption (voluntary or otherwise), is unconscious, unaware or asleep during the act, is under the legal age to provide consent, or otherwise lacks the capacity to consent. In determining whether a person is Incapacitated, the analysis must include whether the Respondent knew or should reasonably have known that the person was Incapacitated. A lack of protest or resistance is not a valid form of consent. Silence is not a valid form of consent. A prior relationship or prior sexual activity is not sufficient to demonstrate consent for sexual activity. Consent can be revoked or withdrawn at any time, even during a sexual act. If consent is withdrawn, the act is no longer consensual.
Statement on Retaliation
It is a separate violation of the Code for any Student, Student Group or Student Organization to retaliate against any person making a report of Interpersonal Violence or Sexual Misconduct, or against any person participating in the investigation procedure involving these reports.
According to POL 04.25.07, Retaliation is intimidating, threatening, coercing, or discriminating against any person for the purpose of interfering with any right or privilege secured by Title IX or this policy because the person made a report or complaint, testified, assisted, or participated in any manner in an investigation, proceeding or hearing under this policy or the companion regulations.