Consent
Every member of the University community should be aware that all sexual contact or behavior on the campus and/or occurring with a member of the University community must be consensual.
Consent requires speech or conduct indicating a freely given, un-coerced agreement to engage in sexual contact.
Consent may not be inferred from silence or passivity alone, and a current or previous relationship is not sufficient to constitute consent.
Consent may be withdrawn at any time prior to or during a specific sexual act by either person.
To be valid, the person giving consent must be physically and mentally able to
-
understand the circumstances and implication of the sexual act;
-
make a reasoned decision concerning the sexual act;
-
communicate that decision in an unambiguous manner.
In the absence of mutually understandable words or actions, it is the responsibility of the initiator, or the person who wants to engage in the specific sexual activity, to make sure that he/she has the consent from his/her partner(s) prior to initiating sexual activity.
-
Effective consent is active, not passive.
-
Effective consent to one form of sexual activity is not effective consent to other forms of sexual activity.
-
The person who is the object of sexual advances is not required to physically or otherwise resist.
-
Silence, previous sexual relationships or experiences, and/or a current relationship may not, in themselves, be taken to imply consent.
Inability to Consent
There are a number of factors which may limit or negate a person’s ability to consent to a sexual act. These include but are not limited to age, impairment due to the influence of alcohol or drugs (illegal or prescription), an intellectual or other disability, a person’s temporary or permanent mental or physical impairment, unconsciousness, fear and/or coercion. In order to find no consent under one of these circumstances, there must be a finding that the victim was unable to consent and a finding that the perpetrator knew or had reason to know the victim was unable to consent.
Intoxication of the perpetrator is not an excuse for failure to obtain consent or failure to know of the victim’s inability to consent.
-
Clemson University’s Non-Discrimination and Anti-Harassment Policy
Clemson University is committed to an educational and work environment in which all individuals are treated with respect and dignity, free from harassment and/or discrimination.
-
The Federal Campus Sexual Assault Victims Bill of Rights
-
Survivors shall be notified of their options to notify law enforcement.
-
Accuser and accused must have the same opportunity to have others present.
-
Both parties shall be informed of the outcome of any disciplinary proceeding.
-
Survivors shall be notified of counseling services.
-
Survivors shall be notified of options for changing academic and living situations.
The Jeanne Clery Act. (n.d.). Retrieved from URL
-
-
CARE Network: Report a Concern
While students on Clemson’s campus deal with many challenging situations every day, the CARE Network is designed to track those incidents which are deemed “critical” and/or which may indicate unusual or harmful student behavior or trends. This includes but is not limited to
-
any arrest;
-
any judicial incident;
-
the death of a family member, friend, fellow student or other individual in the student’s life;
-
any unusual, threatening or otherwise troubling behavior by the student directed towards themselves or others;
-
any wellness issue that is of immediate or serious nature including emergency hospitalizations, life-threatening illnesses, alleged assaults, acute injuries, etc.;
-
any critical incident or unusual behavior reported by a member of the University community that may be helpful for tracking and follow up (i.e. excessive absence in classes, excessive sleeping or changing habits, etc.);
-
any unusual, harmful or critical situation that happens to a Clemson University student and is not listed above.
Learn More About the CARE Network and CARE Reports
-
