Safety and Security Report - page 15

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of sexual activity does not imply consent to other forms of sexual activity. Previous
relationships or prior consent does not imply consent to future sexual acts. Consent
can be revoked at any time during a sexual interaction. Consent cannot be obtained
through force
a
or coercion
b
. A person who is incapacitated
c
cannot give consent. In
Alabama, the legal age of consent is usually 16 years of age.
a.
Force
- The use of physical violence and/or imposing on someone physically to
gain sexual access. Force also includes threats, intimidation (implied threats), and
coercion
b
to overcome resistance or produce consent (e.g. Have sex with me, or
I’ll hit you; Have sex with me, or I’ll post compromising photos of you). Note:
There is no requirement that an individual resist the sexual advance or request, but
resistance is a clear demonstration of non-consent. Sexual activity that is forced is
inherently non-consensual, but non-consensual sexual activity does not require
force.
b.
Coercion
– Exerting unreasonable pressure for sexual activity. Coercive behavior
differs from seductive behavior based on the type of pressure someone uses to get
consent from another. When someone makes clear that he or she does not want to
have sex, that they want to stop, or that they do not want to go beyond a certain
point of sexual interaction, continued pressure can be coercive.
c.
Incapacitation
– A person is incapacitated when someone cannot make rational,
reasonable decisions because they lack the capacity to give knowing consent (e.g.
to understand the “who, what, where, why or how” of their sexual interaction).
Engaging in sexual activity with someone who is known (or one should have
known) to be mentally or physically incapacitated due to mental disability,
involuntary physical restraint, alcohol or drugs, unconsciousness, sleep, or blackout
constitutes a violation of this policy.
C.
Related Behaviors Representing Violations of the Sexual
Misconduct Policy
1.
Attempted Sexual Misconduct
– An attempt to commit an act of sexual misconduct
is considered a violation of the sexual misconduct policy.
2.
Aiding Sexual Misconduct
– Providing aid to someone attempting to or engaging in
an act of sexual misconduct is considered a violation of the sexual misconduct policy.
3.
Retaliation
– Taking an action against a person who has opposed sexual misconduct,
reported sexual misconduct, or participated in an investigation concerning sexual
misconduct. Retaliation can include physical violence, threats, intimidation or coercion;
adverse employment or educational actions (such as demotion, discharge, giving an
unwarranted bad grade); or increasing or intensifying a pattern of sexual misconduct.
An act of retaliation toward any person who has opposed, reported, or participated in
an investigation of sexual misconduct is prohibited and will be subject to disciplinary
action, up to and including immediate expulsion or discharge.
4.
Malicious Reporting
– Submitting a false report of sexual misconduct with the
intent of causing emotional, psychological, educational, or other harm to another
person. A Sexual Misconduct Hearing Board (described below in F.6 and H) finding
of “Not in Violation” regarding the sexual misconduct policy is not sufficient evidence
to demonstrate that a report was malicious or that a violation did not occur. A finding
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