{"id":134,"date":"2020-08-12T16:16:37","date_gmt":"2020-08-12T20:16:37","guid":{"rendered":"https:\/\/www.bates.edu\/here-to-help\/?page_id=134"},"modified":"2026-04-09T16:47:29","modified_gmt":"2026-04-09T20:47:29","slug":"policy-section-ix","status":"publish","type":"page","link":"https:\/\/www.bates.edu\/here-to-help\/policies\/equal-opportunity-policy\/policy-section-ix\/","title":{"rendered":"Policy: Section IX"},"content":{"rendered":"\n<h4 class=\"wp-block-heading\" id=\"1\">IX. Consent and Related Definitions<\/h4>\n\n\n\n<p>When evaluating whether there has been a violation of this policy, a determination of whether consent has been given is often necessary. Proof of consent or non-consent is not a burden placed on any party involved in an incident.\u00a0 Instead, the burden remains on the college to determine whether consent has been given based on the totality of the circumstances evaluated from the perspective of a reasonable person in the same or similar circumstances, including the context in which the alleged incident occurred and any similar and previous patterns that may be evinced.<\/p>\n\n\n\n<p>When evaluating the presence of consent, the following definitions and understandings apply.<\/p>\n\n\n\n<hr class=\"wp-block-separator has-css-opacity\"\/>\n\n\n\n<h4 class=\"wp-block-heading\" id=\"VI-A\">A. Consent<\/h4>\n\n\n\n<p>Consent<a href=\"#_ftn1\"><strong><sup><strong><sup>[1]<\/sup><\/strong><\/sup><\/strong><\/a> consists of an active, conscious, and voluntary decision by each participant to engage in mutually agreed-upon sexual activity. Consent must exist from the beginning to the end of each sexual activity or each form of sexual contact. An individual who is physically incapacitated by alcohol or other drug consumption (voluntary or involuntary) or is asleep, unconscious, unaware, or otherwise physically helpless is considered unable to give consent.<\/p>\n\n\n\n<p>The following are essential elements of consent:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li><strong>Informed and reciprocal<\/strong>: All parties must demonstrate a clear and mutual understanding of the nature and scope of the act to which they are consenting and a willingness to do the same thing, at the same time, in the same way.<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li><strong>Freely and actively given<\/strong>: Consent cannot be gained by force, coercion, deception, threats; by ignoring or acting in spite of the objections of another; or by taking advantage of the incapacitation of another individual.<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li><strong>Mutually understandable<\/strong>: Consent consists of mutually understandable words and\/or actions that indicate an unambiguous willingness to engage freely in sexual activity. In the absence of clear communication or outward demonstration, there is no consent. A person who does not physically resist or verbally refuse sexual activity is not necessarily giving consent. Consent may not be inferred from silence, passivity, lack of resistance or lack of active response. Relying solely upon non-verbal communication can lead to a misunderstanding or false conclusion as to whether consent was sought or given.  If at any time during the sexual activity, an individual is hesitant, confused, uncertain, or is no longer an enthusiastic participant, both parties should stop and clarify verbally the other\u2019s willingness to continue before continuing such activity.<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li><strong>Not indefinite<\/strong>:  Either party may withdraw consent at any time. Withdrawal of consent may be expressed by \u201cno\u201d or outwardly demonstrated by words or actions that clearly indicate a desire to end sexual activity. Once consent is withdrawn, sexual activity must cease immediately.  All parties must obtain mutually understandable consent before continuing further sexual activity. Recognizing the dynamic nature of sexual activity, individuals choosing to engage in sexual activity must evaluate consent in an ongoing manner and communicate clearly throughout all stages of sexual activity.<\/li>\n<\/ul>\n\n\n\n<ul class=\"wp-block-list\">\n<li><strong>Not unlimited<\/strong>:  Consent to one form of sexual contact does not constitute consent to all forms of sexual contact, nor does consent to sexual activity with one person constitute consent to activity with any other person. Each participant in a sexual encounter must consent to each form of sexual contact with each participant.  Consent to one form of sexual contact does not constitute consent to all forms of sexual contact, nor does consent to sexual activity with one person constitute consent to activity with any other person. Each participant in a sexual encounter must consent to each form of sexual contact with each participant.<\/li>\n<\/ul>\n\n\n\n<p>Individuals with a previous or current intimate relationship do not automatically give either initial or continued consent to sexual activity. Even in the context of a relationship, consent must be based on mutually understandable communication that clearly indicates a willingness to engage in sexual activity each time such activity occurs. The mere fact that there has been prior intimacy or sexual activity does not, by itself, imply consent to future acts.<\/p>\n\n\n\n<p>In the State of Maine, consent cannot be given by minors who are 14 or 15, if the actor is at least 5 years older than the minor.&nbsp; Consent cannot be given by minors under 14 years of age, regardless of the age of the Respondent.&nbsp; For this reason, any sexual act with an individual under 14 is considered a felony.<\/p>\n\n\n\n<p><a href=\"#_ftnref1\"><sup>[1]<\/sup><\/a> The definition of consent used in criminal proceedings in the State of Maine differs from that used by the college to address policy violations.\u00a0 <\/p>\n\n\n\n<hr class=\"wp-block-separator has-css-opacity\"\/>\n\n\n\n<h4 class=\"wp-block-heading\" id=\"VI-B\">B. Force<\/h4>\n\n\n\n<p>Force is the use or threat of physical violence and\/or intimidation to overcome an individual\u2019s freedom of will to choose whether or not to participate in sexual activity. Such action would cause a person to fear for their physical or psychological well-being. For the use of force to be demonstrated, there is no requirement that a Complainant resists the sexual advance or request. However, resistance by the Complainant will be viewed as a clear demonstration of non-consent.<\/p>\n\n\n\n<hr class=\"wp-block-separator has-css-opacity\"\/>\n\n\n\n<h4 class=\"wp-block-heading\" id=\"V-C\">C. Coercion<\/h4>\n\n\n\n<p>Coercion is the use of unreasonable pressure that compels another individual to initiate or continue sexual activity against their will. Coercion can include a wide range of behaviors, including intimidation, manipulation, implied threats or blackmail which places a person in fear of immediate harm or physical injury or causes a person to engage in unwelcome sexual activity. A person\u2019s words or conduct are sufficient to constitute coercion if they wrongfully impair another individual\u2019s freedom of will and ability to choose whether or not to engage in sexual activity. Examples of coercion include, but are not limited to:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>threatening to \u201cout\u201d someone based on sexual orientation,gender identity or gender expression;<\/li>\n\n\n\n<li>persistent attempts to pressure an individual who has clearly stated their desire to stop activity or their unwillingness to engage in a certain sexual act; and<\/li>\n\n\n\n<li>threatening to harm oneself or others if the other party does not engage in the sexual activity.<\/li>\n<\/ul>\n\n\n\n<p>Coercing an individual into engaging in sexual activity violates this policy in the same way as physically forcing someone into engaging in sexual activity.<\/p>\n\n\n\n<hr class=\"wp-block-separator has-css-opacity\"\/>\n\n\n\n<h4 class=\"wp-block-heading\" id=\"VI-D\">D.  Incapacitation<\/h4>\n\n\n\n<p>Incapacitation is a state where an individual is incapable of giving consent.\u00a0 An incapacitated person cannot make an informed and rational decision to engage in sexual activity because they lack the capacity to give knowing\/informed consent (e.g., to understand the who, what, when, where, why, or how of the sexual interaction).\u00a0<\/p>\n\n\n\n<p>A person cannot consent if they are unable to understand what is happening or are disoriented, helpless, asleep, or unconscious for any reason, including as a result of alcohol or other drug consumption.<\/p>\n\n\n\n<p>This Policy also covers a person whose incapacity results from a temporary or permanent physical or mental health condition, involuntary physical restraint, and\/or the consumption of incapacitating substances.<\/p>\n\n\n\n<p>Incapacitation is determined through consideration of all relevant indicators of a person\u2019s state and is not synonymous with intoxication, impairment, blackout, and\/or being drunk. Consumption of alcohol or other drugs alone is insufficient to establish incapacitation. The impact of alcohol and drugs varies from person to person; however, warning signs that a person may be approaching incapacitation include slurred speech, vomiting, unsteady gait, odor of alcohol, combativeness, loss of consciousness, or emotional volatility.<\/p>\n\n\n\n<p>Evaluating incapacitation due to the use of substances requires an assessment of how the consumption of alcohol and\/or drugs affects an individual\u2019s:<\/p>\n\n\n\n<ul class=\"wp-block-list\">\n<li>decision-making ability;<\/li>\n\n\n\n<li>awareness of consequences;<\/li>\n\n\n\n<li>ability to make informed judgments; or<\/li>\n\n\n\n<li>capacity to appreciate the nature and the quality of the act.<\/li>\n<\/ul>\n\n\n\n<p>Evaluating incapacitation also requires an assessment of whether the Respondent should have been aware of the Complainant\u2019s incapacitation based on objectively and reasonably apparent indications of impairment when viewed from the perspective of a reasonable person.&nbsp; If the Respondent neither knew nor should have known the Complainant to be physically or mentally incapacitated, the Respondent is not in violation of the policy.<\/p>\n\n\n\n<hr class=\"wp-block-separator has-css-opacity\"\/>\n\n\n\n<h4 class=\"wp-block-heading\" id=\"VI-E\">E. Impact of Alcohol or Other Drugs<\/h4>\n\n\n\n<p>In general, sexual contact while under the influence of alcohol or other drugs poses a risk to all parties. Alcohol and drugs impair a person\u2019s decision-making capacity, awareness of the consequences, and ability to make informed judgments. It is especially important, therefore, that anyone engaging in sexual activity be aware of their own and the other person\u2019s level of intoxication. If there is any doubt as to the level or extent of the other individual\u2019s intoxication or impairment, the prudent course of action is to forgo or cease any sexual contact or activity.<\/p>\n\n\n\n<p>Being intoxicated or impaired by drugs or alcohol is never an excuse for any prohibited behavior under this policy and does not diminish one\u2019s responsibility for obtaining informed and freely given consent or adhering to the behavioral standards outlined in this policy.<\/p>\n","protected":false},"excerpt":{"rendered":"<p>IX. Consent and Related Definitions When evaluating whether there has been a&hellip;<\/p>\n","protected":false},"author":466,"featured_media":0,"parent":68,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"_hide_ai_chatbot":false,"_ai_chatbot_style":"","associated_faculty":[],"_Page_Specific_Css":"","_bates_restrict_mod":false,"_table_of_contents_display":true,"_table_of_contents_location":"","_table_of_contents_disableSticky":false,"_is_featured":false,"footnotes":"","_bates_seo_meta_description":"","_bates_seo_block_robots":false,"_bates_seo_sharing_image_id":0,"_bates_seo_sharing_image_twitter_id":0,"_bates_seo_share_title":"","_bates_seo_canonical_overwrite":"","_bates_seo_twitter_template":""},"class_list":["post-134","page","type-page","status-publish","hentry","with-sidebar"],"_links":{"self":[{"href":"https:\/\/www.bates.edu\/here-to-help\/wp-json\/wp\/v2\/pages\/134","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.bates.edu\/here-to-help\/wp-json\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/www.bates.edu\/here-to-help\/wp-json\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/www.bates.edu\/here-to-help\/wp-json\/wp\/v2\/users\/466"}],"replies":[{"embeddable":true,"href":"https:\/\/www.bates.edu\/here-to-help\/wp-json\/wp\/v2\/comments?post=134"}],"version-history":[{"count":9,"href":"https:\/\/www.bates.edu\/here-to-help\/wp-json\/wp\/v2\/pages\/134\/revisions"}],"predecessor-version":[{"id":1435,"href":"https:\/\/www.bates.edu\/here-to-help\/wp-json\/wp\/v2\/pages\/134\/revisions\/1435"}],"up":[{"embeddable":true,"href":"https:\/\/www.bates.edu\/here-to-help\/wp-json\/wp\/v2\/pages\/68"}],"wp:attachment":[{"href":"https:\/\/www.bates.edu\/here-to-help\/wp-json\/wp\/v2\/media?parent=134"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}