Report Sexual Misconduct

Consent within the Den

Consent to engage in sexual activity must exist from beginning to end of each instance of sexual activity. Consent is demonstrated through mutually understandable words and/or actions that clearly indicate a willingness to engage in, and continue to engage in, a specific sexual activity. In order to be valid, consent must be knowing, voluntary, active, present, and ongoing.

Consent can never be the result of:

• Force – violence, physical restraint, or the presence of a weapon;
• Threats – indications of intent to harm, whether direct or indirect;
• Intimidation or duress – extortion, menacing behavior, bullying;
• Coercion – undue pressure; or
• Deception or fraud – misrepresentation or material omission about oneself or the situation in order to gain permission for sexual or intimate activity.

Consent can never be given by a person who is incapacitated, whether as a result of drugs, alcohol or otherwise.

• A person is incapacitated and incapable of giving consent when he or she is not able to receive and evaluate information effectively and cannot make a rational, reasonable judgment as to the nature of the conduct charged.
• Some indicators of incapacitation include lack of control over physical movements, being unaware of circumstances or surroundings, or being unable to communicate for any reason.
• Lincoln’s primary concern is student safety and use of alcohol or drugs never makes the victim at fault for sexual violence.

Consent can never be given by a person who is unconscious or asleep.

Consent can never be given by anyone under the age of 13 and may not be given by anyone under the age of 16 by anyone four or more years older than the complainant.

Consent can never be given by a person who by reason of mental disability is unable to make a reasonable judgment.

Consent can never be inferred from:

• Silence, passivity, or lack of resistance alone
• A previous consensual sexual encounter
• Attire

Consent to one form of sexual activity is not consent to engage in all forms of sexual activity;

If at any time during a sexual act any confusion or ambiguity is or should reasonably be apparent on the issue of consent, each individual should stop the activity and clarify the other person’s willingness to continue and his or her capacity to consent. Consent may be withdrawn by either party at any time. Once withdrawal of consent has been expressed, sexual activity must cease.