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Depending on the degree of intoxication, someone who is under the influence of alcohol, drugs, or other intoxicants may be incapacitated and therefore unable to consent.
e) Consent cannot be given when it is the result of any coercion, intimidation, force, or threat of harm. Licensed mental health counselors, medical providers and pastoral counselors are examples of institution employees who may offer confidentiality.
d) Consent cannot be given when a person is incapacitated, which occurs when an individual lacks the ability to knowingly choose to participate in sexual activity.
Incapacitation may be caused by the lack of consciousness or being asleep, being involuntarily restrained, or if an individual otherwise cannot consent.
Consent can be given by words or actions, as long as those words or actions create clear permission regarding willingness to engage in the sexual activity.
Silence or lack of resistance, in and of itself, does not demonstrate consent.
This includes working with state and local law enforcement to bring possible criminal charges, seeking disciplinary action through the College, and enforcing mandatory transcript notifications so other institutions are on notice of the offense committed.
Monroe Community College encourages the reporting of sexual misconduct that is prompt and accurate.
If the answer to either of these questions is “yes,” affirmative consent was absent.
In all sexual misconduct disciplinary proceedings, the “preponderance of the evidence” standard of proof will be used.