12 2022 ARC3 SURVEY FINDINGS Consent may be implied from the facts and circumstances surrounding the commission of an act. Consent will not be found where an act has been done through the use of force, coercion, or threats of immediate and great bodily harm. Submission does not equal consent, and to establish consent, a party charged must utterly negate any element of force, coercion, or threat. Consent, once given, may be retracted. Consent will not be found under any of the following circumstances: 1) if the victim is less than thirteen years of age; or 2) through the use of force, coercion, or threats of immediate and great bodily harm against the victim or other persons within the victim’s presence, accompanied by apparent power of execution; or 3) if the victim is incapable, because of physical or mental incapacity, of giving consent to such act; or 4) if the victim is incapable of giving consent because of any intoxicating, narcotic, or anesthetic agent or hypnosis; or Prevention of Dating Violence, Domestic Violence, Sexual Assault and Stalking Page 5 of 5 1:17:1 5) if the victim is thirteen years of age, but less than sixteen years of age, and the perpetrator is at least three years older than the victim. Sexual harassment4: Conduct on the basis of sex that satisfies one or more of the following: 1) An employee of an institutional conditioning the provision of education benefits on participation in unwelcome sexual conduct (i.e., quid pro quo); or 2) Unwelcome conduct that a reasonable person would determine is so severe, pervasive, and objectively offensive that it effectively denies a person equal access to the institution’s education program or activity; or 3) Sexual assault (as defined in the Clery Act), dating violence, domestic violence, or stalking as defined in the Violence Against Women Act (VAWA), the definitions of which are set forth in BOR Policy 1:17.1
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