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  3. Affirmative Consent

Affirmative Consent

Policy Author:
Student Affairs

Responsible Office-Department:
Student Affairs

Effective Date of Policy:
October 27th, 2021

Policy Narrative

Affirmative Consent is a knowing, voluntary, and mutual decision among all participants to engage in “sexual activity” (as defined below). 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 expression. Consent may be initially given but withdrawn at any time. When consent is withdrawn or cannot be given, sexual activity must stop. Consent cannot be given when a person is incapacitated. Incapacitation occurs when an individual lacks the ability to fully, knowingly choose to participate in sexual activity. Incapacitation includes impairment due to drugs or alcohol (whether such use is voluntary or involuntary), the lack of consciousness or being asleep, being involuntarily restrained, if any of the parties are under the age of 17, or if an individual otherwise cannot consent. Consent is required regardless of whether the person initiating the act is under the influence of drugs and/or alcohol. Depending on the degree of intoxication, someone who is under the influence of drugs, alcohol, or other intoxicants may be incapacitated and therefore unable to consent. Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm. Additionally, prior consent to a sexual act does not necessarily constitute consent to any other act.

This Policy Pertains to:

Student awareness to the definition adopted by Daemen College on consent and it’s relationship to sexual activity

Purpose of this Policy

To create and maintain an equitable environment where students have the optimal opportunity to succeed academically, personally, and professionally and where any and all Daemen College Community members feel safe, valued, and respected.

This policy’s virtual location is https://www.daemen.edu/student-life/student-affairs/student-handbook/section-6-sexual-violence-policies-procedures

Scope and Applicability of this Policy:

Student Affairs adapts the idea of community standards – through our General Policies, Residential Policies, and the Student Code of Conduct – and attempts to enlighten, not only the student body, but the entire Daemen community, on the value and vision of the college to ensure that we achieve our mission and commitment to education.

Updated on January 10, 2022

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