Consent

‚ÄčAt CMU Consent means affirmative, conscious decision by a participant to engage in sexual activity.  Consent must be freely and voluntarily given with knowledge of the nature of the act or transaction involved.  CMU will consider the following when evaluating whether the Complainant has given Consent:

  • Level of mutual understanding of the nature and scope of the act to which the individual Consented and a willingness to do the same thing, at the same time, in the same way;
  • Whether Consent was obtained through the use of force, coercion, threats, or intimidation, or by taking advantage of the Incapacitation of another individual;
  • Whether communication regarding Consent used mutually understandable words and/or actions that indicated an unambiguous willingness to engage in sexual activity.  If there is no evidence of clear communication or outward demonstration, CMU will find that Consent was not given;
  • Whether Complainant withdrew Consent; and or
  • Whether, once withdrawn, the sexual activity ceased immediately and/or all parties received mutually expressed or clearly stated Consent before continuing further sexual activity;
  • CMU will not consider Consent to one form of sexual contact as Consent to all forms of sexual contact; nor will it consider Consent to sexual activity with one person as Consent to activity with any other person.  Each participant in a sexual encounter must Consent to each form of sexual contact with each participant;
  • Even in the context of a current or previous intimate relationship, CMU will evaluate whether each party Consented to each instance of sexual contact each time;
  • Complainant need not resist the sexual advance or request to demonstrate lack of Consent; however, CMU will view Complainant's resistance as a clear demonstration on non-Consent.