Definitions

Northwestern

For the purpose of this policy, consensual romantic or sexual relationships means relationships of a romantic, dating, and/or sexual nature entered into with consent of both parties. For the purpose of this policy, supervisory or evaluative authority is the power to control or influence another person’s employment, academic advancement, or extracurricular participation, including but not limited to, hiring, work conditions, compensation, promotion, discipline, admission, grades, assignments, supervision of dissertations, recommendations, financial support, or participation in extracurricular programs.

Brown

Consent is an affirmative and willing agreement to engage in specific forms of sexual contact with another person. Consent requires an outward demonstration, through mutually understandable words or actions, indicating that an individual has freely chosen to engage in sexual contact.  Consent cannot be obtained through: (1)  the use of coercion or force or (2) by taking advantage of the incapacitation of another individual.

Silence, passivity, or the absence of resistance does not imply consent.  It is important not to make assumptions; if confusion or ambiguity arises during a sexual interaction, it is essential that each participant stops and clarifies the other’s willingness to continue.

Consent can be withdrawn at any time.  When consent is withdrawn, sexual activity must cease.  Prior consent does not imply current or future consent; even in the context of an ongoing relationship, consent must be sought and freely given for each instance of sexual contact.

An essential element of consent is that it be freely given.  Freely given consent might not be present, or may not even be possible, in relationships of a sexual or intimate nature between individuals where one individual has power, supervision or authority over another.  More information, policy and guidance regarding such relationships can be found below.

In evaluating whether consent was given, consideration will be given to the totality of the facts and circumstances, including but not limited to the extent to which a complainant affirmatively uses words or actions indicating a willingness to engage in sexual contact, free from intimidation, fear, or coercion; whether a reasonable person in the respondent’s position would have understood such person’s words and acts as an expression of consent; and whether there are any circumstances, known or reasonably apparent to the respondent, demonstrating incapacitation or fear.

University of Washington

A romantic relationship includes intimate, sexual, dating, and/or any other type of amorous encounter or relationship, even when consensual, whether or not casual or serious, short-term or long-term.

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