What is Consent?

Consent is a clear, knowing, and voluntary agreement to engage in specific sexual activity at the time of the activity. Consent can be communicated by words or actions as long as those words or actions create mutually understandable permission regarding willingness to engage in (and the conditions of) sexual activity. Consent must be ongoing throughout the sexual activity and can be withdrawn at any time. Sexual contact must cease immediately once withdrawal of consent is clearly communicated.

  • Consent must be active, not passive.
  • Lack of protest or resistance does not mean consent has been granted, nor does silence mean consent has been granted.
  • Within each sexual encounter, there may be separate individual sexual acts involved, and consent to one act and/or person(s) by itself does not constitute consent to another act and/or person(s).
  • The existence of a dating relationship between the persons involved, or the fact of past sexual relations, should never, by itself, be assumed to be an indicator of consent for any current or future sexual encounter even in the context of a relationship, there must be mutual consent.
  • If coercion or force is used, there is no consent.
  • If a person is incapacitated so that the person cannot understand the fact, nature or extent of the sexual situation, there is no consent. This may be affected by conditions due to age, alcohol or drug consumption, unconsciousness, being asleep, physical or developmental disabilities.
  • Whether one has taken advantage of a position of influence over another can be a factor in determining whether there was consent. In order to give consent, one must be of legal age.
  • The question of what the Charged Student should have known as to whether the complainant was Incapacitated is objectively based on what a reasonable person, sober and/or exercising good judgment, would have known about the condition of the complainant.

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Contact

Office of the Vice President for Student Affairs
GC 219 (MMC) or WUC 325 (BBC)
305-348-2797
dos@fiu.edu

Office Hours

Monday - Friday 8 am to 5 pm