At CMU, consent means, "a voluntary and affirmative mutually understandable communication of willingness to participate in particular sexual activity or behavior, expressed either by words or clear, unambiguous action." A person, who is incapacitated, whether due to alcohol, drugs or some other condition, cannot give consent to sexual activity.
- It is the responsibility of the person who wants to engage in sexual activity to ensure that the other person has consented to engage in the sexual activity.
- Lack of protest or resistance, or silence does not constitute consent.
- The existence of a dating relationship between the people involved or the existence of a past sexual relationship does not prove the presence of, or otherwise provide the basis for an assumption of, consent.
- Consent to engage in sexual activity with on person does not imply consent to engage in sexual activity with another person.
- Consent must be present throughout the entire sexual activity and can be revoked at any time.
- Consent cannot be obtained from a person who a Respondent knew, or reasonably should have known, was asleep, unconscious, or otherwise Incapacitated, whether due to drugs, alcohol, medication, or some other condition.
- Consent cannot be obtained from a person who does not have capacity to give consent under the laws of the applicable jurisdiction because of the person's physical or mental disability.
- Consent cannot be obtained from someone through intimidation, coercion, force, or threat of coercion or force.