For some people, one drink can render them incapacitated. As such, the important factor to determine incapacitation is state of mind (being able to appreciate the “who, what, where, when or how” of a situation) as demonstrated by observable behaviors, not the amount of drugs and/or alcohol ingested.Individuals are NOT giving consent if they are: Furthermore, a current or previous dating or sexual relationship is not sufficient to constitute consent, and consent to one form of sexual activity does not imply consent to other forms of sexual activity.For additional information on reporting obligations under the Clery Act, see Office of Postsecondary Education, Handbook for Campus Safety and Security Reporting (2011), available at Similar to the Clery Act, for Title IX purposes, a pastoral counselor is a person who is associated with a religious order or denomination, is recognized by that religious order or denomination as someone who provides confidential counseling, and is functioning within the scope of that recognition as a pastoral counselor.Although Campus Sa VE requires that a definition of consent must include both the college/university definition as well as the institution’s state statutory language regarding consent, the definition section of the Rape and Sex Offense statutes in North Carolina (N. It is an informed decision made freely, willingly, knowingly, and actively by all parties. Silence or passivity, in and of itself, cannot be interpreted as consent.Conduct will be considered “without consent” if no clear consent, verbal or nonverbal, is given.Consent must be provided contemporaneous with the behavior.Agreeing to engage in a sex act on Thursday does not mean that agreement remains in effect indefinitely.
The law requires shielding personally identifying information of victims/survivors in order to protect the confidentiality of victims/survivors in these statistical disclosures.
As a reminder, institutions must provide students with policy definitions for IPV, stalking, sexual violence, and consent. 14-27.20) does not specifically define “consent.” Rather, the many North Carolina rape and sex offense crimes have been interpreted by a multitude of case law that addresses matters of consent.
For additional recommendations to make the policy definitions more comprehensive, please refer to the template on page 47 of The NCCADV Guidance and Model Policy Documents and to “Additional Considerations” on page 26 of The NCCADV Guidance and Model Policy Documents Campus Sa VE does not provide a definition of consent, however it does require that institutions include the definition of consent in their sexual misconduct policy or combined gender violence policy. Below is an example of a recommended definition of consent: Consent is an affirmative decision to engage in mutually acceptable sexual activity expressed by clear actions or words. Consent can be given by words or actions, as long as those words or actions create mutually understandable permission regarding the conditions of sexual activity.
Consent to sexual activity may be withdrawn at any time, as long as the withdrawal is communicated clearly through actions or words.
If consent is withdrawn, all sexual activity must cease.
The law also requires shielding personally identifying information in record keeping (such as records stored in locked, non-moveable file cabinets) to the extent provided by law.