“Consent” is informed, freely, and actively given, mutually understandable words or actions that indicate a willingness and readiness to participate in mutually agreed-upon sexual activity. Consent is mutually understandable when a reasonable person would consider the words or actions of the parties to have manifested a clear and unambiguous agreement between them to engage in certain conduct with each other. Consent cannot be gained by ignoring or acting in spite of the objections of another.
Consent cannot be inferred from silence, passivity, or lack of resistance alone; a current or previous dating or sexual relationship alone (or the existence of such a relationship with anyone else); attire; the buying of dinner or the spending of money on a date; or Consent previously given (i.e., Consenting to one sexual act does not imply consent to another sexual act).
Consent is not effective if it is obtained through the use of physical force, violence, duress, deception, intimidation, coercion, or the threat, expressed or implied, of bodily injury. Whether a party used any of these means to obtain Consent will be determined by reference to the perception of a reasonable person found in the same or similar circumstances.
Consent may never be given by the following individuals: minors, even if the other participant did not know the minor’s age; mentally disabled persons if their disability was reasonably knowable to a person who is not mentally disabled; or persons who are incapacitated. The use of alcohol or drugs does not diminish one’s responsibility to obtain consent and does not excuse conduct that constitutes Sexual Harassment.
If at any time during a sexual act any confusion or ambiguity is or should reasonably be apparent on the issue of Consent, it is incumbent upon each individual involved in the activity to stop and clarify the other’s willingness and readiness to continue and Capacity to Consent. Neither party should make assumptions about the other’s willingness and readiness to continue.
Please be aware that MCC has students who cannot give consent attending on all campuses, such as minors and persons with disabilities.
Remember: “No” means “No” and “Yes” may not always mean “Yes.” Anything but a clear, knowing, and voluntary consent to any sexual activity is equivalent to a “No.”