Sexual penetration resulting from force or threat of force when one of the involved parties does not freely consent to sexual activity is a violation of college policy. Penetration is understood to include intrusion into any orifice or opening of the body. Force or threat of force includes physical force as well as any type of coercion. An issue in sexual misconduct is mutual consent. Sexual activity should not take place unless all parties have freely given consent.
Sexual misconduct occurs when one party refuses to take no for an answer.
A verbal rejection or any other type of resistance constitutes a lack of consent. Silence does not necessarily mean consent. For instance, an individual who has lost consciousness does not have the ability to give consent. An individual who is under the influence of alcohol or other drugs may not have the ability to give consent, even if that person does not explicitly say, No. Similarly, someone who is suffering from shock, is frightened, or feels threatened may not be able to object to sexual advances.