What is Affirmative Consent?
All sexual activity between members of the Rancho Santiago Community College District community must be based on affirmative consent. Engaging in any sexual activity without first obtaining affirmative consent to the specific sexual activity is sexual misconduct and constitutes a violation of the District's policy, whether or not the sexual activity violates any civil or criminal law.
Affirmative consent means an informed, affirmative, conscious, voluntary, and mutual agreement to engage in sexual activity. It is the responsibility of each person involved in the sexual activity to ensure that they have the affirmative consent of the other participant(s) to engage in sexual activity.
Lack of protest or resistance does not mean affirmative consent, nor does silence mean affirmative consent. Affirmative consent is given without coercion, force, threats, or intimidation.
Affirmative consent cannot be given by a person who is incapacitated. A person is unable to consent when they are asleep, unconscious or is incapacitated due to the influence of drugs, alcohol or medication as they are unable to understand the fact, nature or extent of the sexual activity. A person is incapacitated if they lack the physical and/or mental ability to make informed, rational decisions.
Affirmative Consent can be withdrawn or revoked at any time. Consent to one form of sexual activity (or one sexual act) does not constitute consent to other forms of sexual activity. Once consent is withdrawn or revoked, the sexual activity must stop immediately. A person with a medical or mental disability may also lack the capacity to give consent. Sexual activity with a minor (a person under 18 years old) is not consensual because a minor is considered incapable of giving consent due to age.
If you would like to learn more about the law, visit SB-967
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