What is the College’s definition of effective consent?
- Willingly, freely and knowledgeably agreeing to engage in sexual conduct.
- Consent can be withdrawn at any point during sexual activity.
- Be made with any hint of force, threat, coercion, pressure, fraud, manipulation, intimidation, or reasonable fear of injury.
- Be given under mental or physical incapacitation (for example, due to excessive use of alcohol or drugs or a mental or physical condition).
- Be assumed by silence, passivity, or lack of active resistance.
- Be assumed by previous participation in sexual activity.
- Be assumed for one sexual activity because of consent to another sexual activity.
What is SMCM’s Sexual Misconduct Policy?
Sexual Misconduct: Any activity of a sexual nature that violates another individual’s physical or emotional well-being or personal space without that person’s explicit permission.
Sexual Misconduct I: Sexual Penetration Any non-consensual penetration of another person’s anal, genital, or oral opening with any object or body part.
Sexual Misconduct II: Sexual Contact Non-consensual touching of genitalia, groin, breast, or buttocks, or clothing covering them, and/or forcing an unwilling person to touch intimate parts.
Sexual Misconduct III: Sexual Exploitation Any act which takes non-consensual, unjust or abusive sexual advantage of another, either for the perpetrator’s own advantage or benefit, or for the advantage or benefit of anyone other than the one being exploited.
Intimate Partner Violence: Any acts of physical harm, threat of harm, or psychological harm against a current or former intimate partner.
Stalking: Repeated acts of harassing, threatening, or intimidating conduct by an individual that alarms, torments, or terrorizes another.
Sexual Harassment: Unwelcome sexual advances, requests for sexual favors, and other verbal or physical behavior of a sexual nature which have the effect of creating an intimidating, hostile or offensive environment.