Consent is knowing, voluntary, and clear permission by word or action to engage in mutually agreed upon sexual activity or contact.
Force is the direct or indirect use of physical violence and/or imposing on someone physically to gain sexual access. There is no requirement that parties resist the sexual advance or request, but resistance is a clear demonstration of non-consent.
Students who are not sure if they are interacting with a person who has diminished capacity should, as a matter of practice, avoid engaging in a sexual act with that person at that time. A person who has ingested a "date rape" drug or is blacked out may not appear incapacitated; nonetheless, this person is incapable of knowing consent. Thus, a student who has sexual interactions with anyone who may be under the influence of any substance is vulnerable to accusations of violations of this policy.
A person is incapacitated and cannot consent if that person has no control of his or her motor skills; is unable to understand what is happening; is intoxicated to the point of a potential black out; or is asleep, or unconscious for any reason, including voluntary or involuntary use of alcohol or drugs. Drunkenness is different than incapacitation, and does not, in itself, automatically indicate a violation, unless other factors, such as force, coercion, or lack of consent are involved.
An individual who engages in sexual activity when the individual knows, or should know, that the other person is incapacitated, has violated the policy.
Possession, use and/or distribution and/or administering of any incapacitating drugs, is prohibited and is a violation of this policy.
It is not an excuse that the accused party of sexual misconduct was drunk/intoxicated, and therefore, did not realize the incapacity of the other.