Sexual Misconduct is any contact of a sexual nature with another person
without that person’s consent.
Contact of a sexual nature includes, but is not limited to:
- Touching the intimate parts of another person;
- Touching another person with one’s own intimate parts;
- Forcing another person to touch one’s own intimate parts; and
- Exposing one’s own intimate parts to another person;
Intimate parts include, but is not limited to, genitalia, groin, breast, buttocks, mouth, or clothing covering the same.
Consent is defined as informed, freely given, and mutually
understood. Consent requires an affirmative act or statement by each
participant. If coercion, intimidation, threats and/or physical force are used,
there is no consent. If a person is mentally or physically incapacitated or
impaired so that the person cannot understand the fact, nature or extent of the
sexual situation, there is no consent; this includes conditions due to alcohol or
drug consumption or being asleep or unconscious. If a person is fifteen (15)
years old or younger, there is no consent. Whether one has taken advantage of
a position of influence over another may be a factor in determining consent.
Consent to any one form of sexual activity does not imply consent to any other
form of sexual activity. Consent to one sexual encounter does not imply
consent to another sexual encounter. Consent may be revoked at any time.